Resolution 4.4: Implementation of Article 5 of the Convention


4th Meeting of the Conference of the Contracting Parties
Montreux, Switzerland
27 June-4 July 1990

RECALLING that Article 5 of the Convention requires Contracting Parties to "consult with each other about implementing obligations arising from the Convention especially in the case of a wetland extending over the territories of more than one Contracting Party or where a water system is shared by Contracting Parties. They shall at the same time endeavour to coordinate and support present and future policies and regulations concerning the conservation of wetlands and their flora and fauna";

BEING AWARE that several initiatives have been taken by Contracting Parties to establish consultations and coordination endeavours for shared wetlands, water systems and migratory species dependent upon these habitats;

NOTING that the promotion of further such initiatives could be facilitated with the assistance of the Convention Bureau;

RECOGNISING that, for the purpose of such consultations and cooperation endeavours, priority should be given to shared wetlands and water systems which contain sites included in the List of Wetlands of International Importance, and to such shared migratory species that may be identified as requiring mutually agreed upon conservation measures;

RECOGNISING, further, that the Convention on the Conservation of Migratory Species of Wild Animals (CMS), among other multilateral and bilateral agreements, provides a mechanism for agreements for this purpose;

CONSIDERING that there is a need for a procedure to implement the obligations to consult and to endeavour to coordinate laid down in Article 5;

CONSIDERING, however, that before any such procedure can be developed, there is a need to gather sufficient information on wetlands, water systems and migratory species shared by two or several Contracting Parties and to obtain the views of Contracting Parties on such a procedure;

CONSIDERING, further, that one of the several ways in which Article 5 could be implemented could be by the means of bilateral or multilateral arrangements in respect of wetlands included in the List and situated along the same flyway;

THE CONFERENCE OF THE CONTRACTING PARTIES

INSTRUCTS the Bureau

    (a) to gather, as appropriate, information on wetlands and water systems that are shared between two or more Contracting Parties where such wetlands or water systems contain at least one wetland included in the List of Wetlands of International Importance;

    (b) to draw up, where appropriate, and in cooperation with relevant organizations, a list of boundary water treaties to which Contracting Parties are a Party and to consult with such Contracting Parties with a view to establishing the relevance of such treaties for the implementation of Article 5 of the Convention;

    (c) to review, in consultation with the CMS and other appropriate secretariats, relevant information with a view to identifying shared migratory animal populations which may require conservation measures agreed upon by two or more Contracting Parties, and where possible to take actions under existing mechanisms such as agreements under the CMS;

    (d) to explore the possibility of promoting, under the Convention, bilateral or multilateral arrangements in respect of wetlands situated within the territory of different Contracting Parties along the same flyway and to consult Contracting Parties for that purpose;

    (e) to consult with Contracting Parties on other appropriate procedures in the implementation of Article 5 of the Convention; and

    (f) to report to the next meeting of the Conference on the result of these activities; and

RECOMMENDS that Contracting Parties provide the Bureau with all available information that it may require to carry out the instructions set forth in this resolution.

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Number of » Contracting Parties: 168 Sites designated for the
» List of Wetlands of
International Importance
2,181 Total surface area of designated sites (hectares): 208,545,658

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