Berne Convention on the Conservation of European Wildlife and Natural Habitats

Structure

The convention is divided into:

Preamble

Because this convention has a special nature, which is to include the maximum number of signatures possible, it included the eventual signing by non-members of the Council of Europe: "the member States of the Council of Europe and the other signatories hereto, Considering that the aim of the Council of Europe is to achieve a greater unity between its members,..."

Chapter I – General provisions

This chapter contains three articles, where it is stated the three aims of the Convention and general obligations of the Contracting Parties.

Chapter II – Protection of habitats

Here are set out the obligations of the Contracting Parties concerning the conservation of the habitats.

Chapter III – Protection of species

This chapter contains the obligations of the Contracting Parties regarding the Appendices I, II, III and IV and the exceptions of these obligations.

Chapter IV – Special provisions for migratory species

This chapter contains the obligations of the Contracting Parties regarding migratory species.

Chapter V – Supplementary provisions

This chapter contains supplementary obligations of the Contracting Parties, concerning co-operation, research, reintroduction and introduction of species.

Chapter VI – Standing Committee

This chapter settles the functioning procedure of the Standing Committee and their tasks.

Chapter VII – Amendments

This chapter contains the procedure of amendments regarding articles and Appendices of the Convention.

Chapter VIII – Settlement of disputes

This chapter contains the procedure of the arbitration of any disputes that could arise between Contracting Parties.

Chapter IX – Final provisions

This chapter contains the final arrangements of the Convention.

Appendices

Four appendices set out particular species for protection. They are regularly updated by the Standing Committee, who are advised by a number of Expert Groups:

• Appendix I – Strictly protected flora species
• Appendix II – Strictly protected fauna species
• Appendix III – Protected fauna species
• Appendix IV – Prohibited means and methods of killing, capture and other exploitation

Ratifying states

Member States of the Council of Europe, status as of 15 February 2022.

States not members of the Council of Europe

International Organisations

Algeria, Cape Verde, the Holy See, San Marino and Russia are among non-signatories that have observer status at meetings of the committee.

The convention led to the creation in 1998 of the Emerald network of Areas of Special Conservation Interest (ASCIs) throughout the territory of the parties to the convention, which operates alongside the European Union's Natura 2000 programme.

Duties of contracting parties

All countries that have signed the convention must:

• promote national conservation policies
• promote measures against pollution
• promote educational and informative measures
• co-ordinate efforts to protect migratory species
• establish legislative and administrative measures

Monitoring the implementation of the convention

To achieve successfully the aims of this Convention, a number of monitoring devices were implemented.

Reporting system

• Compulsory biannual reports
• Voluntary general reports (every four years)
• Legal reports (one country per year)
• National reports
• Follow-up of recommendations

Groups of experts

The chosen experts are in charge of monitoring the implementation of the Standing Committee recommendation regarding species and habitats, as well as doing their own recommendations about specific conservation problems.

Case-file system

The system is based in complaints for possible non-compliance or other problems related with the provisions of the Convention. These complaints are processed by the Secretariat, the Bureau and the Standing Committee and when they feel there is the need for further information, on-the-spot visits by independent experts can be arranged.