The implementation of the Convention through national legislation and other domestic measures is a key tool to achieve conservation and sustainable management of migratory species. The Conference of the Parties at its Twelfth meeting (Manila, 2017) adopted Resolution 12.9 and Decisions 12.6-12.9 to establish a National Legislation Programme to strengthening the implementation of the Convention through national legislation and support Parties, if needed, in developing or improving relevant national legislation.
The National Legislation Programme is a supportive, non-adversarial and facilitative activity that has been established to provide analysis and assistance to Parties in complying with CMS obligations, specifically to ensure long-term compliance with Article III.4 (a) and (b) and Article III.5 of the Convention.
Article III, paragraph 4 (a) and (b) and paragraph 5, of the Convention read as follows:
ARTICLE III
4. Parties that are Range States of a migratory species listed in Appendix I shall endeavour:
a) to conserve and, where feasible and appropriate, restore those habitats of the species which are of importance in removing the species from danger of extinction;
b) to prevent, remove, compensate for or minimize, as appropriate, the adverse effects of activities or obstacles that seriously impede or prevent the migration of the species; and
c) to the extent feasible and appropriate, to prevent, reduce or control factors that are endangering or are likely to further endanger the species, including strictly controlling the introduction of, or controlling or eliminating, already introduced exotic species.
5. Parties that are Range States of a migratory species listed in Appendix I shall prohibit the taking of animals belonging to such species. Exceptions may be made to this prohibition only if:
a) the taking is for scientific purposes;
b) the taking is for the purpose of enhancing the propagation or survival of the affected species;
c) the taking is to accommodate the needs of traditional subsistence users of such species; or
d) extraordinary circumstances so require;
provided that such exceptions are precise as to content and limited in space and time. Such taking should not operate to the disadvantage of the species.
In line with Resolution 12.9 and Decisions 12.6 -12.9, Parties are encouraged to submit information to the Secretariat regarding their legislation and other domestic measures relating to implementation of Article III, paragraph 4 (a) and (b) and Article III paragraph 5.
To facilitate the process of obtaining information relating to the Parties’ legislation and other domestic measures relating to the implementation of Article III, paragraph 4 (a) and (b) and III paragraph 5, and in accordance with Resolution 12.9 and Decision 12.6, the Secretariat provides:
- an Inventory * of the Secretariat’s present information on Parties’ current regulations in relation to Article III paragraph 5; and
- a Questionnaire * to enable Parties to identify whether they have in place adequate legislation.
Decision 12.9, strongly encourages Parties to complete and submit the Questionnaire to the Secretariat. Upon receipt of the completed Questionnaire, the Secretariat will analyse the information received, and will inform Parties about the findings and recommended actions. Within six months of having received the findings and recommended actions from the Secretariat, Parties are requested to indicate procedures, actions and a reasonable time frame that are envisaged to be adopted in response.
Following the delivery of this information, Parties are requested to take appropriate measures for effective implementation of Art. III.5, in accordance with their indicated procedures and time frames.
The Secretariat, in cooperation with relevant partners, will support Parties, as necessary, and subject to the availability of resources, through the provision of, inter alia, guidance materials, model laws, technical assistance and capacity-building workshops.
* Please note that the documents are subject to review by the Standing Committee at its 48th meeting and they will be available thereafter in the dedicated section “National Legislation Programme Documents” further down in this page.
| Directed to | Action | Time frame |
|---|---|---|
| The Secretariat | Develop a draft questionnaire for review and decision by the Standing Committee | At the 48th meeting of the Standing Committee, Bonn, October 2018. |
| The Parties | Submission of the Questionnaires to the Secretariat | Following StC48, Parties are strongly encouraged to complete the information in the questionnaire and update any information through the national report. |
| The Parties | Informing the Secretariat on the measures and reasonable time-frames envisaged to be adopted to implement Article III.5 | Within six months of the date of having received recommended actions from the Secretariat in response to the information submitted to the Secretariat by the end of February 2019 |
| The Parties | Take appropriate measures to implement Article III.5 | Parties should take appropriate measures to implement Article III.5 in accordance with the reasonable time-frames they indicated to the Secretariat. |
| The Parties | Are requested to review the implementation of the review mechanism | At the 13th meeting of the Conference of the Parties. |
The Standing Committee will report to the Conference of the Parties on any action taken pursuant to Resolution 12.9.
