Report of the Fifth Meetingof the Conference of the PartiesIntroduction 1. The fifth meeting of the Conference of the Parties to the Convention on
the Conservation of Migratory Species of Wild Animals (CMS) was held at the
United Nations Office at Geneva, Switzerland, from 10 to 16 April 1997. 2. All the Parties to CMS were invited to participate in the meeting and the following 43 Parties were represented. Argentina 3. The following 38 States were represented by observers: Algeria 4. The intergovernmental and non-governmental organizations which attended
are listed in paragraph 44 below. AGENDA ITEM 1: OPENING OF THE
MEETING 5. The meeting was called to order at 10.30 a.m on Thursday, 10 April 1997
by Dr. David Kay (Australia) who, in his capacity as Chairman of the Standing
Committee, was acting as temporary Chairman until the Conference of the
Parties elected the Officers of the meeting. He welcomed the delegates and
conveyed the apologies of Dr. Peter Bridgewater, who had served as Chairman
of the Standing Committee since the fourth meeting of the Conference of the
Parties, but had been unable to attend the current meetings owing to a
pressing government commitment. The acting Chairman expressed his gratitude
to the Government of Switzerland, to the United Nations Environment Programme
(UNEP) and to the CMS Secretariat for the work done to prepare and facilitate
the present meeting of the Conference of the Parties. He said it was
particularly encouraging to note that participation at the present conference
was significantly higher than at the last one, with nearly 80 States having
pre-registered, of which about one-half were non-Parties. More than 20
intergovernmental organizations (IGOs) and non-governmental organizations
(NGOs) had also pre-registered. He especially welcomed the participation of
representatives from the Convention on Biological Diversity (CBD), the
Convention on International Trade in Endangered Species of Wild Fauna and
Flora (CITES), the Convention on the Conservation of European Wildlife and
Natural Habitats (Bern Convention), the Convention on Wetlands of
International Importance, Especially as Waterfowl Habitat (Ramsar Convention)
and the secretariats of three Agreements concluded under CMS. 6. Speaking on behalf of the Executive Director of UNEP, Ms. Elizabeth
Dowdeswell, Mr. Frits Schlingemann, Director of the Regional Office for
Europe of UNEP and Executive Coordinator Globalization, welcomed the
participants to the meeting in Geneva and expressed his heartfelt thanks to
the Government of Switzerland for facilitating preparations for the
conference. Turning to developments within UNEP itself, he said that the
nineteenth session of the Governing Council of UNEP, held in Nairobi from 27
January to 7 February 1997, had been attended by more than 40 Ministers of
Environment and had seen a number of major accomplishments. Among those were:
a political declaration entitled "The Nairobi Declaration",
outlining, inter alia, the parameters for the future role of UNEP;
the "Global Environmental Outlook", prepared by UNEP, containing
information on the state of the world environment (both of the latter were to
be forwarded to the upcoming special session of the United Nations General
Assembly); the support expressed for UNEP's work in the programme areas of
biodiversity, biosafety, trade and environment, environmental law, and the
prevention of marine pollution from land-based sources, with programme
budgets concluded for 1997 and 1999; and the widespread recognition that UNEP
needed a more predictable funding base, reflected in the request to the
Executive Director to prepare proposals to that effect. 7. The issue of UNEP's governance had been discussed at the resumed
session of the Governing Council, held in Nairobi on 3 and 4 April 1997,
which had decided to establish a High-level Committee of Ministers and
officials in charge of the environment, as a subsidiary organ of the
Governing Council. That Committee's mandate included: consideration of the
international environmental agenda, in order to make reform and policy
recommendations to the Governing Council; the provision of guidance and
advice to the Executive Director; the enhancing of UNEP's collaboration and
cooperation with other multilateral bodies; and the provision of assistance in
mobilizing adequate and predictable financial resources for UNEP. 8. Expressing his satisfaction that CMS membership was increasing, and pointing to the fact that several States were currently preparing to deposit instruments of accession or ratification, he stressed that UNEP welcomed all new Parties as partners in the endeavour to conserve the world's biological diversity. The UNEP Governing Council repeatedly called on Governments that had not yet done so to sign, ratify or accede to international environmental conventions. He highlighted the series of profiles of key non-Party States to CMS being prepared by the UNEP-supported World Conservation Monitoring Centre (WCMC) and said that this would facilitate further targeted recruitment efforts. Moreover, he praised the efforts of the CMS host country and of the Standing Committee to undertake to recruit new members. In that connection, it was highly satisfactory to see so many non-Party countries present at the current meeting as observers. 9. UNEP considered CMS to be a truly global environmental convention.
Migratory species represented common "ownership" and thus the
common responsibility of the world community to protect species that were
threatened or had an unfavourable conservation status. CMS thus represented
an essential part of the instruments to protect global biodiversity. The
Executive Director had, on previous occasions, drawn attention to the
linkages between CBD and other biodiversity-related conventions, including
CMS. UNEP thus welcomed and supported the Memorandum of Cooperation concluded
between the Secretariats of CBD and CMS as well as similar memoranda between
a number of biodiversity-related conventions, with the aim of improving
communication and cooperation between them. 10. The sixth Meeting on Coordination of Convention Secretariats, held in
January 1997, had addressed, inter alia, the CBD's proposal to hold
an intergovernmental workshop to discuss synergy among the
biodiversity-related conventions. Although the meeting had to advise that
there was a lack of funds for such a workshop, it had recognized the
increasing number of biodiversity-related issues and interlinkages. The
meeting had strongly suggested that UNEP, in consultation with all parties
involved, explore reviving the Ecosystem Conservation Group and the
possibility of preparing a comparative analysis of the implementation of
biodiversity-related conventions. The Parties to such conventions should also
undertake the same exercise and seek an integrated approach to implementation
at the national level. UNEP supported the Executive Secretary of the CBD and
the Coordinator of CMS in their efforts to encourage the Parties to the
respective conventions to integrate the special requirements of migratory
species into their overall strategies, plans or programmes on biological
diversity. 11. Mr. Schlingemann commended the Coordinator for actively promoting
cooperation between CMS and the Ramsar Convention, as well as with a number
of other bodies, particularly the Environmental Law Centre of the World
Conservation Union (IUCN) and Wetlands International. He was confident that
all Parties would benefit greatly from such cooperation. 12. UNEP welcomed the developments with regard to several European
Agreements under CMS and, even more so, with regard to recently concluded
Agreements covering geographic areas outside Europe. He drew attention to the
Agreement on the Conservation of African-Eurasian Migratory Waterbirds (AEWA)
and expressed deep appreciation and thanks, on behalf of the Executive
Director, to the Government of the Netherlands for its offer to act as
Depositary for the Agreement, to provide an interim secretariat for the first
three years, and to host the first session of the meeting of the Parties,
following the entry into force of AEWA. 13. He also welcomed the Agreement on the Conservation of Cetaceans of the
Black Sea, Mediterranean Sea and Contiguous Atlantic Area (ACCOBAMS),
concluded in November 1996, and thanked the Governments of Monaco and France
for their invaluable support and assistance in the preparation and follow-up
of that event. 14. In connection with the co-location of the increasing number of
European secretariats of environmental agreements, he reminded the meeting
that UNEP had been given a mandate by the United Nations Conference on
Environment and Development (UNCED) to promote such co-location. That policy
was almost by definition a way to improve collaboration in the implementation
of agreements and to promote cost-effectiveness in their administrative
services and support. UNEP welcomed the decisions of the States concerned to
co-locate the secretariats of AEWA, of the Agreement on the Conservation of
Bats in Europe and of ACCOBAMS with the CMS Secretariat. UNEP supported the
appeal to Parties to other Agreements to follow that example, and was willing
to discuss and assist in making the common secretariat arrangements as
effective as possible. The financing by UNEP of an Administrative/Fund
Management Officer for the CMS Secretariat could be part of such an
arrangement between UNEP, CMS and the respective Agreement secretariats. 15. Mr. Schlingemann concluded his address on behalf of the Executive Director by declaring formally open the fifth meeting of the Conference of the Parties to the Convention on Migratory Species. AGENDA ITEM 2: WELCOMING ADDRESSES 16. The Conference heard welcoming addresses from Mr. Raymond Pierre
Lebeau of the Swiss Federal Office of the Environment, Forests and the
Countryside, representing the host Government, and Mr.Claude-Georges Ducret,
principal administrator of the Secretariat of the Convention on Biological
Diversity. 17. Mr. Lebeau expressed his great pleasure at participating for the first
time in the meeting of the Conference of the Parties as the representative of
a Contracting Party. He apologized for the absence of the head of the Swiss
delegation, Mr. Philippe Roch, who was participating in the meeting of the
Commission on Sustainable Development (CSD) and would arrive next week. Mr.
Lebeau noted that the CMS had responded to the Rio message and was making an
important contribution to the Convention on Biological Diversity and the
implementation of Agenda 21. Because of the problems faced by migratory
species, all action for them should be carefully coordinated, a network of
expertise should be established and continuous monitoring programmes should
be conducted, in line with the Convention's priorities. He was proud to
report that Switzerland had ratified the African-Eurasian Waterbird Agreement
(AEWA) immediately after it was open for signature and hoped that the
Agreement would come into effect in the near future. 18. Unfortunately, finding further financial resources for the Convention
and its Secretariat was no easy task and was exacerbated by the drop in
UNEP's general budget. The Contracting Parties must therefore strengthen
their determination to act, not only by stepping up compulsory payments but
also by providing voluntary contributions. In parallel, the CMS Secretariat
and UNEP must make strenuous efforts to reduce costs, without cutting down on
activities for migratory species, and still closer coordination among the
relevant global and regional convention secretariats was needed. In that
context, the question of co-location of the various secretariats must be
viewed critically to decide whether it was justified in terms of synergy as
well as financial aspects. 19. In conclusion, he said that Switzerland, located in the centre of
Europe, was active in the conservation of migratory species, especially
birds. It had an inventory of protected areas and had legislation to protect
national and international waterbird and migration sites, in cooperation with
the Bern and Ramsar Conventions, as well as collaborating in the establishment
of a European ecological network, including migration corridors. Furthermore,
for some years it had been contributing financially to CMS through voluntary
contributions and also hosted, in Geneva and the surrounding area, a large
number of international organizations concerned with the environmental field.
20. Mr. Ducret apologized for the absence of the Executive Secretary of
the Convention on Biological Diversity, who was also participating in the
meeting of the CSD and who wished the Conference every success.
Implementation of CMS was very important, not only for migratory species, but
also for the CBD since the objectives of the two conventions converged. This
had been shown clearly by the third meeting of the Conference of the Parties
to the CBD, held at Buenos Aires in November 1996, which had highlighted the
importance of links with other conventions relating to biological diversity,
including the CMS. The meeting had also endorsed the agreement between the
two secretariats relating inter alia to the harmonization of the
reporting procedures and coordination of the implementation of the respective
conventions, particularly through the development of scientific and technical
cooperation. 21. The third meeting of the Conference of the Parties to the CBD had also
invited the scientific bodies of various conventions to liaise and to
cooperate, and had specifically requested the Heads of the Secretariats of
the two conventions to consult each other to assess to what extent the CMS
could support implementation of the CBD through its concerted transboundary
action at regional, continental and global levels. In addition, it had
requested the secretariats of other related conventions to study the
contribution they could make to the aims of the CBD, especially by placing
their expertise at its disposal. In regard to coordination at national level,
the Buenos Aires meeting called on the CBD focal points and the competent
bodies of other associated conventions - specifically CMS - to cooperate on
implementation at the national level. It also invited the Contracting Parties
of other biodiversity-related conventions to study opportunities for project
financing offered by the Global Environment Facility, following the
guidelines on the matter formulated by the Conference of Parties of the CBD
and keeping within the criteria set out by GEF. Finally, he assured the
meeting of the CBD Secretariat's support and best wishes for a successful
outcome. AGENDA ITEM 3: ADOPTION OF RULES OF
PROCEDURE 22. In its deliberations on this item of its agenda, the plenary meeting
had before it document UNEP/CMS/Conf.5.4, entitled "Amendment of the
rules of procedure for the fifth meeting of the Conference of the
Parties". Introducing the item, the acting Chairman noted that, during the
meeting of the Standing Committee immediately prior to the conference, the
representative of America and the Caribbean (Panama) had raised a point of
clarification concerning the phrasing of Rule 14, paragraph 4. 23. The representative of Panama introduced an oral amendment to the
Spanish-language text of Rule 14, paragraph 4, to the effect that voting by
secret ballot would take place only if there were more than one candidate for
a post. The amendment was accepted by the meeting. 24. The representative of the United Kingdom suggested the following minor
drafting amendments for the purpose of clarity: Rule 13, at the end of paragraph 6: add the words "subject to the
second paragraph"; Rule 16, in the last sentence of paragraph 2: delete the word
"from". Both amendments were accepted by the meeting. 25. The representative of Uruguay, supported by the representatives of
Burkina Faso, Chile and Guinea-Bissau, said that in Rule 1, paragraph 2, and
Rule 14, paragraph 2, the references to the ineligibility of representatives
to vote when the Party they represented was three or more years in arrears in
paying its contributions to the Trust Fund represented punitive provisions
which were absent from other environmental conventions, such as Ramsar and CITES.
Many developing countries, while desiring to meet their financial
obligations, faced internal problems in mobilizing their somewhat symbolic
contributions in a timely way. Moreover, the adoption of the proposed measure
in the rules of procedure would also send the wrong message to the large
number of observer States present -- observers who represented potential
members. The proposed amendments to Rules 1 and 14 should thus be delete. 26. The representative of Saudi Arabia considered that the language of
Rule 1, paragraph 2, and Rule 14, paragraph 2, should be retained, since this
involved a matter of principle. The issue had already been the subject of
extensive debate at the fourth meeting of the Conference of the Parties. In
that connection, the acting Chairman reminded the representatives that
Resolution 4.4, adopted by that meeting, had required the amendments to be
made. The representative of Germany suggested that, in view of the lack of
consensus on the matter, a working group be set up to attempt to resolve the
issue. 27. The representative of Morocco, supported by the representatives of
France and Monaco and the observer from Mauritania, expressed a strong
reservation concerning the reference to the use of only English, French and
Spanish as the working languages of the Conference of the Parties, as set out
in the proposed Rule 18. The accepted legal international practice within
bodies of the United Nations system called for the use of the six official
working languages of the United Nations. In the past, and in meetings which
had not enjoyed the legal significance of the present meeting, the practice
of using only three official languages had been tolerated. However, the time
had come to accept a more global view, particularly in light of the need to
make CMS membership workable and attractive for possible new Parties from
other linguistic regions. 28. The Coordinator of the Secretariat pointed to the fact that all
previous meetings of the Conference of the Parties and meetings of subsidiary
bodies had used only three official working languages. He was in the
uncomfortable position of having to accept that, given the current status of
the CMS Trust Fund, the provision of interpretation and translation in six
languages for the current meeting was beyond the means of CMS. The
Secretariat would provide cost estimates for servicing meetings in six
languages later in the meeting, and the issue could be debated under the
agenda item on financial and administrative arrangements. Also, he stressed that
the Conference of the Parties was free to make its own decisions on the
working languages of the Convention and, especially, was not committed by the
deliberations within the United Nations system. 29. The representative of India, while agreeing that the issue of
languages was pertinent and important, explained that with only 49 Parties,
not all of which paid their contributions on time, the Convention was simply
not in a financial position to service all meetings in six languages. 30. Stressing that he understood the difficult financial situation facing
CMS, the representative of Morocco pointed out that he did not necessarily
request that six languages be used for meetings of the Scientific Council and
the Standing Committee. However, the rules of procedure constituted the legal
basis for the conduct of meetings of the Conference of the Parties. An
inappropriate precedent should not be set by accepting that the Conference
use only three languages. He thus maintained his reservation vis-à-vis
Rule 18. 31. The Deputy Coordinator noted that the rules of procedure to be adopted
applied only to the present meeting and, at the present juncture, there
seemed to be no possibility of changing the conference-servicing
arrangements, although the issue could be raised with regard to future
meetings. For information, he indicated that two-thirds of the cost of the
present meeting, using only three languages, were earmarked for
interpretation and translation alone. Moreover, any increase in the number of
working languages of CMS would also have implications in terms of additional
Secretariat staff resources. 32. Summing up, the acting Chairman said that, in order to move the
meeting forward, Rule 1, paragraph 2; Rule 14, paragraph 2; and Rule 18 would
be placed in square brackets. The meeting agreed that, as the remaining rules
and the amendments proposed to them were acceptable, they should be included
in a revised text to be prepared by the Secretariat. The meeting agreed to
set up an open-ended working group, with the following terms of reference:
(a) to consider the issue of voting rights, as contained in Rule 1, paragraph
2, and Rule 14, paragraph 2; and (b) to consider the issue of the number of
working languages to be used at the meeting of the Conference of the Parties.
At the suggestion of the representative of the Netherlands, it was agreed
that the group would also consider the implications for the Agreements of
using additional languages. It was also decided that the Secretariat would
provide the Conference of the Parties with figures showing the incremental
costs involved for each additional language used. 33. At the plenary meeting on 15 April 1997, the chairman of the working
group reported on the results of the group's work. Concerning Rule 14, paragraph.
2, and Rule 1, paragraph 2, the group had reached agreement on language
proposing that there be sanctions on Parties that were in arrears in the
payment of their contributions. The group's proposal for Rule 14 specified
that such Parties would forfeit the right to serve on Committees and they
would be unable to benefit from support in the form of project activities
under CMS. 34. On the other main issue concerning the languages to be used at the
meeting of the Conference of the Parties (Rule 18), it had been agreed, also
in consultation with the working group on the budget, that the Secretariat be
asked to provide cost estimates for the provision of Arabic as a working
language of the sixth meeting of the Conference of the Parties and that the subject
be on the agenda of the Standing Committee, which would examine its inclusion
in the rules of procedure for the next meeting of the Conference. 35. On the issue of languages, the representative of Morocco, speaking on
behalf of the Arab Group, said that a number of Arab-speaking countries had
already become or wished to become members of the Convention. In order to
encourage the participation of that group of countries, the Arab Group asked
the Secretariat, through the Chairman, to ensure that the rules of procedure
for the sixth meeting of the Conference of the Parties take into account the
use of Arabic as a working language for that meeting. He requested that the
report of the meeting reflect his statement. 36. Concerning Rule 14, paragraph 2, one representative, supported by a
number of others, reiterated his disagreement with any form of sanctions on
Parties for non-payment of their contributions. The view was restated that
such punitive measures were counter-productive. The purpose of the Convention
lay in protecting endangered species. That particular priority activity would
only suffer through the imposition of the sanctions proposed, since the
poorer countries, which were often Range States of many of the species
covered by the CMS, would be discouraged from joining its activities. It was
therefore proposed by a number of representatives that the working group's
proposal for Rule 14, paragraph 2 be deleted. 37. One other representative considered that some form of incentive to
induce defaulters to pay had been tried and had still not been fully
successful. The Convention could not continue simply by adding members,
without some form of system to get Parties to pay their contributions and
arrears. Another believed that the working group's proposed sanctions should
be deferred for the coming triennium, in order to give defaulters another
chance to settle their contributions. In that connection, he pointed out that
the unpaid contributions of the developed countries far outweighed those owed
by the poorer countries. Yet another representative suggested that it might
be possible to have a rule imposing sanctions for non-payment of
contributions, but that the Conference of the Parties could decide on a case
by case basis whether to apply the rule to a particular Party or not. 38. Several representatives pointed to the need to examine other avenues
to solve the problem of what to do about non-payment of contributions. One of
them suggested that it was necessary to organize regional seminars to sensitize
decision makers to the importance of joining CMS and meeting its financial
obligations. That representative also believed that Article VII of the
Convention should be revised to allow for the adoption of standing rules of
procedure for the meetings of the Conference of the Parties, since the
adoption of rules at every meeting led to questions of reinterpretation of
their content and hindered the work of the meeting itself. 39. The Chairman decided to establish another group to examine the
question of Rule 14, paragraph 2, of the rules of procedure, with a core
membership of Argentina, Cameroon, India, Morocco, Norway, Saudi Arabia and
Uruguay. Reporting back to the plenary on 15 April, the representative of
Saudi Arabia, who had chaired the second group, said that the group had
decided to retain the language used in Rule 14, paragraph 2, of document
UNEP/CMS/Conf. 5.4, with the following supplementary text: "However, the Conference of the Parties may allow such Parties to
continue to exercise their right to vote if it is satisfied that the delay in
payment arises from exceptional and unavoidable circumstances, and shall
receive advice in this regard from the Standing Committee." The text of Rule 14, as amended by the working group, was adopted. The full
text of the rules of procedure adopted by the fifth meeting of the Conference
of the Parties is contained in Annex VIII to the present report. AGENDA ITEM 4: ELECTION OF OFFICERS
40. At the opening session, the Conference elected the following officers
by acclamation: Conference of the Parties Chairman: Mr. Robert Hepworth (United Kingdom) Committee of the Whole Chairman: Professor Abdulaziz H. Abuzinada (Saudi Arabia) Vice-Chairman: Mr. Abdellah El Mastour (Morocco) AGENDA ITEM 5: ADOPTION OF THE
AGENDA AND WORK PROGRAMME 41. At the opening session, the Chairman introduced the provisional agenda
as contained in document UNEP/CMS/Conf.5.1(Rev.1), together with the
provisional timetable for the meeting (UNEP/CMS/Conf.5.3(Rev.1)). The
provisional agenda was adopted without amendment and is reproduced in Annex
IX to this report. The timetable for the meeting was also approved, with some
changes regarding which items would be considered in plenary and which in the
Committee of the Whole. AGENDA ITEM 6: ESTABLISHMENT OF CREDENTIALS COMMITTEE AND SESSIONAL COMMITTEES 42. At its opening session, the Conference established a Credentials
Committee and elected the following members by acclamation: Chile, Guinea,
Netherlands, Philippines and Saudi Arabia. 43. As required by Rule 23 of the rules of procedure, it also established
a Committee of the Whole, with open-ended membership, and with the officers
mentioned in paragraph 40 above. AGENDA ITEM 7: ADMISSION OF
OBSERVERS 44. In the context of the discussion of the admission of observers, the
representative of Norway raised an objection to the possible admission of the
International Fund for Animal Welfare (IFAW). After the Chairman established
that there were no other objections to the admission of IFAW, it was learned
that there was, in fact, no representative of IFAW present. The matter was
therefore deferred. The following intergovernmental organizations and
international non-governmental organizations, each of which were considered
to have met the criteria in Article VII, paragraph 9, of the Convention, were
then admitted as observers: Intergovernmental Organizations Agreement on the Conservation of Bats in Europe (Eurobats) Agreement on the Conservation of Small Cetaceans of the Baltic and North Seas (ASCOBANS) Agreement on the Conservation of African-Eurasian Migratory Waterbirds (AEWA) Convention on Biological Diversity Convention on the Conservation of European Wildlife and Natural Habitats (Berne) Convention on International Trade in Endangered Species (CITES) Convention on Wetlands of International Importance, Especially as Waterfowl Habitat (Ramsar) Cooperation Council for the Arab States of the Gulf (GCC) International Convention for the Regulation of Whaling - International Whaling Commission United Nations Environment Programme (UNEP) International Non-Governmental Organizations BirdLife International Conseil International de la Chasse et de la Conservation du Gibier (CIC) Euronatur (European Natural Heritage Foundation) Fédération des Associations des Chasseurs de l'Union Européenne (F.A.C.E.) Wetlands International Wetlands International Asia Pacific World Conservation Monitoring Centre (WCMC) World Conservation Union - IUCN National Non-Governmental Organizations Bat Conservation Trust Deutscher Jagdschutz Verband (DJV) - German Hunters Association Naturschutzbund Deutschland (NABU) - German Nature Conservation Association Swiss Association for the Protection of Birds AGENDA ITEM 8: OPENING STATEMENTS 45. At its second session, on 10 April 1997, the plenary took up its
consideration of this item of its agenda. Introducing the item, the Chairman
said that, while statements from Parties were to be submitted in writing for
inclusion in the report, he would invite representatives wishing to do so to
make brief preliminary statements over and above the written submissions. 46. All the representatives who spoke expressed their thanks to the Swiss
Federal Government for the generous support given to the fifth meeting of the
Conference of the Parties. 47. The representative of Chile welcomed the opportunity to meet other
Parties to the Convention, and considered it an appropriate opportunity to
express her interest that the Convention continue with effective cooperation
policies in technical areas and research, at the multilateral and bilateral
level. The representative of Guinea-Bissau expressed great interest in the
subject of marine turtle migration since the species existed on the coast of
his country. The representative of India paid tribute to the excellent
preparation of the meeting by the CMS Secretariat but disapproved of the
noticeable gender imbalance - the podium was occupied entirely by men. The
representative of Pakistan said that his country was a signatory to a large
number of conventions on conservation and biological diversity. The
representative of Philippines offered special thanks to CMS for its
assistance in funding the first survey on marine mammals in Southeast Asia. The
representative of Togo expressed his expectation that CMS would be extremely
useful for the conservation of migratory species. The representative of Zaire
said that there was enormous biological diversity in his country and
requested that funds be mobilized to further work on the Mountain gorilla and
African waterbirds. 48. The representative of Peru, whose ratification of CMS would come into force in the very near future, expressed her pleasure at participating in the meeting. The representative of Jamaica, a signatory to CMS, said that various very interesting programmes on conservation were being implemented. The representative of Paraguay, a signatory to CMS, said that his Government was following the administrative procedures required for ratification of the Convention which it hoped would take place in the near future. As a priority, it was establishing a Ministry of the Environment. 49. The observer for the Convention on the Conservation on European
Wildlife and Natural Habitats (Bern Convention) said that convention,
prepared under the auspices of the Council of Europe, was adopted in 1979 and
entered into force in 1982. She expressed her hope that there would be close
cooperation between the CMS Secretariat and the Bern Convention. 50. The Chairman, speaking on behalf of the Conference of the Parties,
congratulated Peru which would become the fiftieth Party to CMS when its
ratification entered into force, as well as Guinea-Bissau, Poland, Slovakia,
Switzerland and Togo which had all acceded to the Convention since the fourth
meeting of the Conference of the Parties. AGENDA ITEM 9: REPORTS (a) Secretariat 51. The Coordinator introduced to the plenary the report of the
Secretariat contained in document UNEP/CMS/Conf.5.5.1, pointing out that activities
not mentioned in that document were reported in other relevant documents
submitted to the Conference, in particular document UNEP/CMS/Conf.5.9 (Review
of Article IV Agreements Concluded or under Development). A document showing
expenditures from the Trust Fund between the fourth and fifth meetings of the
Conference of the Parties would be issued as an addendum to document
UNEP/CMS/Conf.5.13.1 (Financial and Administrative Matters). The
Secretariat's main activities, apart from routine work, since the previous
meeting of the Conference had focussed on promoting implementation of the
Convention and furthering contacts with potential Parties to CMS,
particularly the Range States; improving cooperation with other environmental
conventions, programmes and bodies and with the Agreement secretariats under
the Convention; preparing, organizing and servicing meetings of the
Convention bodies, including the present one; facilitating the conclusion and
implementation of Memoranda of Understanding; and dealing with the move of
the Secretariat to new premises in Bonn. Although the staff appeared
numerous, several of them were seconded to CMS for a limited period or were
part-time, and the appointments of several staff members would expire soon.
Although the staff had worked extremely hard, the Secretariat was
understaffed, with all the problems which that entailed. 52. He was pleased to report that a very experienced, Spanish-speaking
Technical Officer had been added to the team; he also served as Regional Officer
for Latin America, establishing strong and effective links to the region. It
was hoped that it would be possible in the future for officers to be seconded
from other regions in the future, particularly Africa and Asia, in order to
provide a better geographic balance. 53. The Chairman noted that the report gave a full and frank picture of
activities, including shortcomings and lack of resources. In connection with
the first part of the report, on membership, he called on representatives of
observer States who had not already done so to express their intentions in
regard to accession to the Convention. 54. All the observers who took the floor expressed their gratitude to the
Government of Switzerland for supporting the Conference and to the CMS
Secretariat for their invitation to attend the meeting. 55. The representative of Algeria said that accession to the Convention
was currently under discussion in his country. He supported the proposal made
that all six United Nations official languages be used in the work of the
Convention. The observer for Bangladesh said that there was no conservation
management at the species level in his country, which hoped to accede to CMS
very soon. The observer for Bolivia said that serious consideration was being
given to accession and the purpose of attending the present meeting was to
seek further information on the Convention. The observer for Brazil said that
his intention in attending the meeting was also to seek further information
with a view to accession. The observer for Burundi said that great efforts
were being made to accede to various conventions on environmental matters and
he hoped that it would be possible to accede to CMS soon. The observer for
China said that his country was considering positively membership of CMS; he
hoped to make further contacts with the Secretariat in order to develop a
full understanding of the Convention. In that connection, he supported the
proposal made by Morocco to conduct the work of the Convention in all six
official United Nations languages. 56. The observer for Congo fully subscribed to the work on the protection
of migratory species in the Congo basin. His Government was a signatory to
other conventions on the environment. The observer for Costa Rica had nothing
specific to say on the matter; his country was carrying out conservation
measures in various fields. The observer for Ecuador said his country was a
signatory to a number of conventions on the environment and certain
provisions had been included in national legislation. There was enormous
biological diversity in his country and he was aware that membership of the
Convention would assist conservation efforts. 57. The observer for Equatorial Guinea said his country would accede in
the near future. The observer for Fiji said that his aim in attending the
present meeting was to obtain information. The observer for Georgia said that
his country would accede to the Convention soon; meanwhile it was preparing
to accede to the Eurobats and AEWA Agreements and had recently signed
ASCOBANS. In relation to financial implications, he considered that abolition
of the penalty for failure to pay contributions would facilitate accession. 58. The observer for Jordan said that his country was considering joining
the Convention and would continue with its conservation activities. The
observer for Latvia said that her country hoped to accede to the Convention
in the near future. The observer for Lithuania said that his Government had
ratified a number of conventions on the environment and was currently
preparing accession to the Bonn Convention. The observer for Malaysia said
that his country recognized the importance of cooperating, especially in work
on migratory birds and marine turtles, and would explore actively the
possibility of acceding to the Convention in the near future. The observer
for Mongolia said that she was attending to increase her awareness of the
Convention and that her country would subsequently consider the possibility
of acceding. The observer for Mozambique said his country was committed to
conservation and sustainable use and would accede to all conventions related
to that topic: in the near future it would become a party to AEWA and would
then consider CMS. 59. The observer for the Republic of Korea attached great importance to
world efforts to protect flora and fauna and was strengthening regional
cooperation instruments in that regard. His first objective in attending the
meeting was to seek information which would certainly facilitate his
Government's consideration of the question. The observer for the Republic of
Moldova said that accession to CMS would be considered in the future. The
observer for the Russian Federation said her country was very interested in
CMS and Agreements under the Convention but, owing to the problems faced by
countries with economies in transition, the matter of accession was still
under consideration. It was already a signatory to the Memorandum of
Understanding on the Siberian crane. 60. The observer for Slovenia said that legislative procedures were under
way and that approval should take place in the next few months for accession
to CMS. The observer for Turkey could give no official statement but hoped
that his country would accede in the near future. The observer for Ukraine said
that his country was a signatory to various conventions and agreements on the
environment and expected to accede to CMS during 1997. The observer for
United Arab Emirates said that he was attending a meeting of the Conference
of the Parties for the first time. His country was one of the leaders in
conservation of the Houbara bustard and participated in marine turtle and
dugong conservation. 61. The observer for Zambia said that his country realized the importance
of the Convention for the conservation and management of affected species and
that consultations were being conducted regarding possible accession. The
observer for Zimbabwe said that his country was involved in a number of
conservation activities and was seriously considering signing CMS and AEWA.
Membership involved obligations and his country would need help in monitoring
and research activities. 62. The Chairman concluded the discussion saying that the information
which had been provided would be very useful for the Secretariat's recruitment
efforts. 63. The Secretariat was requested to clarify a number of statements in its
report. The Deputy Coordinator explained that the reference to relocation in
paragraph 28 of document UNEP/CMS/Conf.5.5.1 referred solely to the CMS
Secretariat's move to new premises in Bonn and had nothing to do with
co-location of Agreement secretariats. Regarding paragraph 51 of the
document, the Coordinator confirmed that he was indeed concerned by the lack
of interest shown in CMS by WWF International; the reference to IUCN,
however, related only to lack of support for CMS in the resolutions of the
first World Conservation Congress which - he hoped - would be remedied at the
second Congress through the initiative of CMS Parties. In fact, there was
close and growing cooperation with IUCN on a number of topics as attested in
paragraph 50 of the report. The observer for IUCN endorsed those words,
adding that it would be more accurate to refer to "lack of
capacity" rather than "lack of interest" in paragraph 51 of
the report. The meeting agreed that the reference to IUCN in paragraph 51 did
not reflect the actual situation. (b) Standing Committee 64. At the second session of the plenary, on 10 April 1997, the meeting
took up its consideration of the above item of its agenda. In its
deliberations, the meeting had before it document UNEP/CMS/Conf.5.5.2,
entitled "Report of the Standing Committee Chairman", prepared by
Dr. Peter Bridgewater (Australia), the retiring Chairman of the Committee.
The Chairman of the Conference of the Parties invited the meeting to take
note of the report with thanks and to express its gratitude to Dr.
Bridgewater for his work. It was so decided. The report of the 16th meeting
of the Standing Committee, held on 9 April 1997, is attached at Annex IV to
the present report. The report of the Committee's 17th meeting, held
immediately after the close of the meeting of the Conference of the Parties,
is attached at Annex V. (c) Scientific Council 65. The plenary then took up its consideration of the above item of its
agenda. The Chairman of the Scientific Council, Dr. Pierre Devillers, drew
the attention of representatives to the report of the seventh meeting of the
Council, held on 7 and 8 April 1997, which was already available to the
meeting in English as document UNEP/CMS/1997/L.1. The text of the report is
included in Annex VI to the present report. 66. Dr. Devillers outlined the main areas of the Council's report that
required the attention of the Parties. Highlighting points of particular
significance, he pointed to the progress made in concerted actions under
Resolutions 3.2 and 4.2, and the proposed species for addition under its
update, draft Resolution 5.1, inter alia the Mountain gorilla, Gorilla
gorilla beringei. He further noted that the Council had recommended the
inclusion in Appendices I and II of all species contained in the proposals
that had been submitted to it, except for the proposed listing in Appendix I
of the Chilean and Uruguayan populations of the Black-necked swan, Cygnus
melanocorypha, which were, nonetheless, already included at the family
level in Appendix II. It had also agreed that certain species in an
unfavourable part of their range could be the object of a special
recommendation by the Conference of the Parties. Such species could be
protected using an instrument similar to that for Appendix I species, with
explicit listing, an action plan and a focal point to provide reporting on
their status. It had been agreed that Crex crex and Coturnix
coturnix coturnix would be recommended for inclusion in such a list. He
concluded by stressing the importance of the appointment of a Technical
Officer for the CMS Secretariat, as this had enabled, and would enable, the
full potential of the Scientific Council to be used in support of the
implementation of CMS. 67. The representative of Belgium, underlining the importance of concerted
action for Appendix I species, which he considered to be the most important
aspect of CMS, announced that Belgium was examining the possibility of
providing extra financial support for activities in connection with
Sahelo-Saharan ungulates. He urged other representatives to also provide
support. He hoped it would be possible to convene, without further delay, the
proposed workshop on the six species to bring together the 17 Range States
concerned. The representative of Mali supported that view and pointed to the
possibility of reallocating unused funding in order to progress with that
workshop. 68. The representative of Morocco, pointing to the section of the
Scientific Council's report which suggested considering reallocating funds
from the Mediterranean monk seal, Monachus monachus, underlined the
importance of work for the seal and asked the Council to reexamine that
matter at its next meeting. The Chairman of the Council replied that an ad
hoc working group had been established and would examine the question during
the current meeting of the Conference of the Parties. (d) Depositary 69. The Chairman of the plenary called upon the representative of the
Depositary (Germany) to present an oral report. 70. The representative of Germany, referring to Secretariat matters, said
that the Secretariat of the CMS and of the Eurobats Agreement had been moved
to the United Nations Premises in Bonn which also housed the United Nations
Volunteers (UNV) and the secretariat of the United Nations Framework
Convention on Climate Change (UNFCCC) as well as the German office of the
United Nations Information Centre (UNIC). The host Government had provided new
furniture, new computers and a computer network, as well as modern
telephones, resulting in very good working conditions, far beyond the
obligations of the host country and better than those of many German
Ministries. He welcomed the CMS Secretariat's expression of thanks for the
new facilities in paragraph 11 of the report of the Secretariat
(UNEP/CMS/Conf.5.1.1). 71. His Government had also decided to provide an annual voluntary
contribution of DM100,000, which was still to be included in the draft budget,
and it undertook to conclude a new headquarters agreement to the satisfaction
of both sides. Until the new agreement was concluded, the headquarters
agreement of 1984 and 1989 - which had apparently always given satisfaction -
would continue in force. 72. He said that the new headquarters agreement under consideration
contained the usual United Nations privileges and immunities for Secretariat
members, meeting participants and invited experts, as well as tax exemptions
for staff. The Secretariat wished to have certain privileges beyond those
granted, but the German Government had not yet completed its consideration of
the matter. He pointed out that the third meeting of the Conference of the
Parties of the CBD had agreed to establish its headquarters in another host
country on the basis of the usual United Nations conditions, not including
the extra ones requested by the CMS. In any case, the CMS Coordinator was
fully informed of the situation. 73. Continuing his remarks, the representative of Germany was pleased to
indicate that he had learned the previous day that the new CMS headquarters
agreement would contain provision for staff family members to be able to work
without a special work permit. He added that considerations were being made
internally with a view to facilitating access of official delegates to CMS
meetings, which would address the Secretariat's concerns in this regard. The
Secretariat would receive a reply during the current month from the Federal
Government regarding the new proposals. He therefore hoped that the agreement
would be concluded speedily. 74. Finally, he stressed that the host government was very interested in
CMS: it had seconded an expert to the Secretariat, discussed accession to the
Convention with a number of countries and requested support for CMS at the
third meeting of the Conference of Parties of CBD. It also supported
biological diversity projects of the Global Environment Facility (GEF) and
was willing to provide several hundred thousand German marks to finance for a
global database on migratory species. 75. The Chairman welcomed the news regarding early conclusion of the
headquarters agreement and suggested that the incoming Standing Committee
should follow up the question. 76. The Coordinator thanked the speaker for his very comprehensive report
and stressed the excellent relations between the Secretariat and the host
country, acknowledging that officials of the Ministry of the Environment had
worked extremely hard to support the work of the Secretariat, to provide it
with new equipment and to persuade other Ministries to accord the most
favourable conditions possible to the CMS Secretariat. He also welcomed the
additional voluntary contribution of DM100,000. 77. Turning to the question of the new headquarters agreement, he
concurred that the current agreement was a satisfactory basis for work and
expressed his pleasure at the further privilege of family members being
allowed to work in Germany. He was awaiting replies from the Federal
Government on a few points and the results would lead either to further
negotiations or signature of the agreement. He had asked the German
Government to treat CMS more favourably than other United Nations
institutions located in Germany, in particular regarding promotion of and
sponsorship for CMS. However, he understood that the Government had to treat
all such organizations equally. With the agreement of the United Nations and
the UNEP, he continued to seek equal treatment for CMS in relation to the
only other UN body located in Germany with which the UNEP/CMS Secretariat
could be compared: the United Nations Framework Convention on Climate Change,
both secretariats servicing global conventions. The issue, which was still
under discussion, would not affect the status of the Secretariat itself, but
the treatment of official delegates and others invited to Germany requiring
the speedy issue of short-term visas on their arrival. 78. The representative of Germany was very happy with the warm words of
the Chairman and the Coordinator and would continue his commitment. On the
subject of travel of delegates into Germany, he was unaware of any problems
in the past and, if any were notified, would attempt to solve them. He was
surprised that the Coordinator always compared the CMS conditions with those
of the UNFCCC secretariat since there were several other UN bodies located in
Bonn. He would continue to report to the CMS Secretariat, and to negotiate if
necessary. AGENDA ITEM 10: REVIEW OF
IMPLEMENTATION OF THE CONVENTION (a) Overview of Party Reports 79. At its first session, the Committee of the Whole took up its
consideration of the above agenda item. In its deliberations, the Committee
had before it the report of the Secretariat on the receipt of reports from
Parties, document UNEP/CMS/Conf.5.7 (Rev.1) and its annex (Rev.2), and a
report on harmonization of the reporting system under CMS and related
Agreements, in document UNEP/CMS/Conf.5.7.1. Introducing document
UNEP/CMS/Conf. 5.7 and its annex, the Deputy Coordinator said that, since its
finalization, a further 11 country reports had been received from the
following Parties: Argentina, Cameroon, Denmark, European Community, France,
India, Mali, Netherlands, Norway, Panama and Saudi Arabia. In all, 27 reports
had been received, but owing to the late submission of reports it had been
impossible for the Secretariat to produce any meaningful synthesis of their
findings. 80. Several representatives called attention to the fact that copies of
their country reports and other reports from national bodies were available
to participants at the meeting. 81. On the subject of harmonization of reporting, the Coordinator
explained that decisions were required on two levels of activity. The first
level related to the decision of the second meeting of the Conference of the
Parties to CBD to harmonize the reporting requirements of Parties to all
biodiversity-related conventions. This item is referred to in the Memorandum
of Understanding concluded between the CMS and CBD secretariats. In addition,
UNEP had a mandate from UNCED to coordinate the activities of the
secretariats of environmental conventions, and the report of the Sixth
Meeting on Coordination of Convention Secretariats was available to the
present meeting. As outlined in paragraph 13 of document UNEP/CMS/Conf.
5.7.1, WCMC had proposed a feasibility study for five global biodiversity
conventions, with the costs to be shared by participants. 82. The second level of the issue concerned the arrangements for
harmonizing the reporting under CMS itself. The Parties' reports were mainly
concerned with legal and administrative measures in the countries, and often
gave no clear picture of the status of the species under CMS or of activities
to implement the Convention. Reports to the Agreements were usually of a more
detailed technical nature. Thus, it would be valuable for the Conference of
the Parties to examine how to harmonize the two in the future. Perhaps a
specialized international scientific organization could be the focal point to
receive the reports, condense, synthesize and even supplement them, and
submit the results to CBD, CMS and the other global conventions. Document
UNEP/CMS/Conf. 5.7.1 also set out proposals on how to proceed with such
harmonization. The Parties would have to consider the financial implications
of such a system of reporting. 83. A number of representatives welcomed the proposal to harmonize
reporting, particularly as it offered the possibility of reducing the number
of reports currently required from Parties to the various conventions and
Agreements. One representative believed that the work under CMS and CBD
needed an even greater degree of harmonization than the Secretariat proposed.
The representative of WCMC confirmed, in answer to a query from the floor,
that the WCMC budgeting for its feasibility study already factored in the
proposed $5,000 contribution of CMS. In response to another representative,
who considered that a unified system of reporting required strengthened and
harmonized national-level institutions for data provision, the representative
of WCMC pointed to an ongoing UNEP project in which WCMC participated, with
the aim of developing national capacities for biodiversity data management. 84. The Coordinator, calling for guidance on how the Secretariat should
proceed, asked if it was appropriate for CMS to contribute $5,000 to the WCMC
feasibility study and, if not, what body or organization should bear that
cost. Should the Secretariat be mandated by the Standing Committee to consult
further with WCMC to negotiate the terms of reference of the exercise and its
time-frame, and to discuss how the Agreement's governing bodies would
contribute to the exercise? Funding needed to be found, either from the next
budget or from an external sponsor. 85. Responding to the representative of Belgium, who offered to make a
$5,000 contract with WCMC for the study, the Coordinator expressed his
appreciation for the offer, and requested that bilateral consultations be
pursued in the matter. He pointed out that this sum would be only part of the
overall contribution needed. The approval of the Conference of the Parties
was required and, as a matter of principle concerning which organization
should be responsible for implementing the harmonization, the role of UNEP
was important. 86. One representative, supported by several others, considered that
reliance on external funding to support the participation of developing
countries in the work of the Scientific Council was unreliable. He believed
that any work on harmonization that entailed a financial burden should not be
at the expense of Secretariat funding of such developing country
participation. 87. The Coordinator proposed that the Conference of the Parties be asked to give a mandate to the Secretariat, through the Standing Committee, to enter into the proposed contract with WCMC. The existing plenary working group on budget and finance could be asked to examine the question of whether funding was available, or whether the proposal be put on the list of projects for which voluntary contributions were sought. The Committee accepted the proposal of the Coordinator. 88. In the plenary session of the meeting, on Tuesday 15 April 1997, the
Chairman again drew attention to the document UNEP/CMS/Conf. 5.7.1 on
harmonization of reporting and to the Secretariat's request for guidance in
its paragraph 15 of that document. 89. The Coordinator, noting that agreement had already been reached on
carrying out the exercise in cooperation with WCMC, pointed to the importance
of financing the activity and prioritizing it. He said that no resolution
would be forthcoming on the decision, but that the guidance for the
Secretariat would be included in the present report of the meeting. 90. The representative of Belgium reiterated his Government's willingness
to contribute $5,000 to the Secretariat to enable it to take part in the
initial feasibility study to be carried out with WCMC. He wished to make it
clear that the funds were to be directly paid to WCMC for that purpose alone,
and were not intended to be channelled through the CMS Trust Fund. 91. The chairman of the working group on the Strategy of the Convention
said that the group had considered the harmonization of reporting to be an
important task and had thus accorded Objective 3.3 of the Strategy, on
reporting, a high level of prioritization. It was agreed that further
discussion on the subject be passed to the working group on the budget, in
order that it could conclude the outstanding financial questions of the
matter. On the proposal of the working group on budget and finance, the
Conference decided to allocate US$ 30,000 in budget line 2103 for this
purpose. (b) Measures to improve the conservation status of Appendix I species 92. The Committee of the Whole took up its consideration of the above
sub-item. The Deputy Coordinator called attention to document
UNEP/CMS/Conf.5.8, pertaining to one of the most important topics before the
meeting. The document summarized the concerted actions for endangered species
undertaken during the past triennium, especially since the meeting of the
Scientific Council, held in November 1995. In particular, he mentioned work
undertaken in relation to marine turtles, Siberian cranes, the Slender-billed
Curlew and a number of other species. The fourth meeting of the Conference of
the Parties had set aside $500,000 for priority actions where coverage by the
Convention was inadequate. The Secretariat had endeavoured to initiate the
necessary activities over the past three years, with considerable success in
a number of cases. Nevertheless, for various reasons, not all of the funding
allocated had been spent and a decision would have to be taken on how it
should be used. 93. Dr Pierre Devillers, Chairman of the Scientific Council, introduced
draft Resolution 5.1 contained in document UNEP/CMS/1997/L.6 which was very
similar to Resolution 4.2 adopted by the fourth meeting of the Conference of
the Parties. At each meeting of the Conference, the list of species must be
reviewed and any additions to or deletions from it decided. The proposed
action was that a few species should be added at this meeting and none
deleted. 94. The representative of Chile proposed that Hippocamelus bisulcus,
a species shared with Argentina, be included in the list of Appendix I
species to be the subject of concerted actions. The representative of Uruguay
proposed that Pontoporia blainvillei also be included in the same
resolution. 95. The Committee of the Whole approved the draft recommendation for submission
to the plenary. 96. The representative of United Arab Emirates pointed out that the
National Avian Research Centre (NARC) referred to in section 7 of document
UNEP/CMS/Conf.5.8 was located in his country, not in Saudi Arabia. The
meeting took note. 97. The representative of Uruguay, referring to document UNEP/CMS/Conf.5.8, objected that projects proposed by non-member institutions, which did not contribute financially to the Convention, were accepted whereas projects put forward by Contracting Parties were refused on the grounds that the Party concerned was in arrears. He felt that there was a problem of approach: the Parties should have first consideration. 98. The Deputy Coordinator explained that the Conference of the Parties at
the fourth meeting had observed that the Secretariat was overburdened with
activities and decided that much of the implementation work should be
conducted through consultancies. Accordingly, the Secretariat had called on
outside expertise from specialized organizations to carry out the mandate it
had been given. Regrettably, lack of internal capacity had meant that the
Secretariat had been unable to organize all the consultancies required. (c) Review of Article IV Agreements concluded or under development 99. Introducing the above item for the Committee of the Whole, the
Coordinator drew the attention of the Committee, document UNEP/CMS/Conf.5.9,
which covered one of the main areas of Secretariat and Party activities over
the last triennium. Of the Agreements in force at the time of the last
meeting of the Conference of the Parties, two (Eurobats and ASCOBANS) had
held meetings of their governing bodies and had decided to set up permanent
secretariats. Their representatives would address the present meeting. In the
past two years, two new Agreements had been concluded and were not yet in
force (AEWA and ACCOBAMS). Two Memoranda of Understanding for species on the
brink of extinction (Siberian crane and the Slender-billed curlew), had been
developed based on proposals of the Scientific Council, the first of which
had become fully operational. Memorandum of Understanding concerning Conservation Measures for the
Siberian Crane 100. The Coordinator said that two meetings had already been held under
the Memorandum and work was ongoing, also in cooperation with a number of
international and national NGO's. Very important work was also being
undertaken by the Range States. He outlined the success of the work
undertaken under the Memorandum in terms of communication and cooperation of
the Range States' governmental and scientific bodies, specialized
international non-governmental organizations and internationally reputable
experts. In reply to a request of one representative, calling for efforts to
be devoted to increasing the awareness of those along the flyway of the
species, the Coordinator said that there would be an examination of the work
to be undertaken in that connection. Memorandum of Understanding concerning Conservation Measures for the
Slender-billed Curlew 101. The Coordinator referred to the written report and noted that
preparations were under way for the first meeting of experts on the species,
scheduled for the latter half of 1997. The representative of Tunisia
announced that his Government had engaged in the administrative arrangements
for joining the Memorandum and had upgraded its national laws on the species.
Indeed, all curlews in the country would now be legally protected. In reply
to an enquiry from the observer for Algeria as to whether a non-Party to CMS
could join the Memorandum, the Coordinator gladly offered to provide further
details on the procedure. Houbara bustard 102. The Coordinator said that progress had been made in the development
and official distribution to the Range States of an Agreement proposal for
this species, under the lead of Saudi Arabia, for which he expressed his
gratitude. A draft Action Plan (to be attached to the Agreement, similar to
other existing Agreements under CMS) was being developed by Saudi Arabia with
the assistance of the Houbara Bustard Working Group of the IUCN Species
Survival Commission, and coordinated by the Environmental Research and
Wildlife Development Agency of the United Arab Emirates. He hoped that soon,
if not in 1997, it would be possible to convene a meeting of the Range
States. 103. The representative of Saudi Arabia said that his country had
circulated to the Range States a text on a proposed Agreement for the species
and had received comments on it from Armenia, China, Jordan, Kyrgizstan and Tajikistan.
Replies were also in the pipeline from Georgia, India, Pakistan and United
Arab Emirates. 104. The representative of Pakistan expressed his gratitude to the
Government of Saudi Arabia for the work done on the Houbara bustard. The
draft circulated to the Range States had been drawn to the attention of
official channels in Pakistan. 105. At the plenary session on Wednesday, 16 April 1997, the
representative of Saudi Arabia submitted for adoption by the meeting a draft
recommendation regarding the progress made in the Agreement on the
conservation and management of the Houbara bustard. The text of
Recommendation 5.4, which was adopted by consensus, can be found in Annex II
to the present report. Great bustard 106. The Coordinator said that, as regards the middle-European populations
of this species, work was ongoing to draft a proposed text for an Action Plan
which, in addition to the draft Memorandum of Understanding recently
submitted by the Scientific Councillor for Hungary, could then be subject to
legal review and circulated among Range States. Asia-Pacific Waterbird Agreement (APWA) 107. The Coordinator, pointing to the report on the APWA contained in
paragraph 35 of the document prepared by the Secretariat, noted that this
draft agreement parallelled the AEWA. A consultant had prepared a proposal
some years ago, but it had been noted that there was no great demand for an
Agreement in the Asia-Pacific region, where there was limited participation
so far in the work of CMS. Wetlands International (Asia-Pacific) had come up
with the Brisbane Initiative and the Secretariats of CMS and Ramsar had been
invited to support and assist in supervising the progress of that initiative.
The Coordinator considered such activity by CMS to be fully justified, since
there was a definite possibility that, in future, an Agreement for the region
could arise under the Convention. Agreement on the Conservation of Small Cetaceans of the Baltic and
North Seas (ASCOBANS) 108. To supplement the report on ASCOBANS contained in Annex 2 of the
report of the Secretariat (UNEP/CMS/Conf.5.9), the Executive secretary of
ASCOBANS, Ms. Jette Jensen, gave a presentation on the Agreement. She
reported on the work undertaken and progress made so far. She described in detail
the scientific activities under way to monitor the movements and status of
populations of harbour porpoises and other small cetaceans, particularly in
light of threats posed by fisheries. The work aimed to record the losses by
incidental catches and to develop improved fishing techniques in order to
minimize such losses as far as possible. The representative of Chile, as a
member of the Scientific Council, congratulated Ms. Jensen on the work done
under ASCOBANS and on the detailed presentation given. Agreement on the Conservation of Bats in Europe (EUROBATS) 109. Mr. Eric Blencowe, Executive secretary of the Agreement on the
Conservation of Bats in Europe (Eurobats), drew attention to Annex 3 of
document UNEP/CMS/Conf.5.9 containing the report of the Agreement
secretariat. He acknowledged with thanks the assistance given by the German
Government in hosting the Eurobats secretariat and the extra assistance
provided for the CMS Secretariat, mainly in connection with the new building
and equipment supplied, which had significantly enhanced capacity. The
Eurobats secretariat comprised only two half-time staff, making it impossible
inter alia to provide full facilities for meetings. As well as his
work for Eurobats, he had been seconded by the United Kingdom Government to
serve half-time with the CMS Secretariat, but this was not an ideal
arrangement since conflicts of work priorities could occur. In conclusion, he
emphasized the importance of bats as indicator species. Often in the past,
that factor had not been accorded its full importance but it was now realized
and, for a variety of reasons, bats had received considerable publicity in
Germany and across the European region. 111. The representative of Switzerland was pleased that a great deal of
work was being done for bats in Europe. The Bern Convention also covered that
species and he wondered what cooperation existed between it and Eurobats. Mr
Blencowe said that regular contacts were maintained between the two bodies,
and the Bern Convention had been represented at the second meeting of the
Eurobats Advisory Committee in Kraków. The Coordinator confirmed that
excellent relations existed between the CMS Secretariat and the Bern
Convention Secretariat and that joint action was envisaged on several issues.
African-Eurasian Migratory Waterbird Agreement (AEWA) 111. Mr Bert Lenten, Executive secretary of the African-Eurasian Waterbird
Agreement (AEWA), drew attention to Annex 4 of document UNEP/CMS/Conf.5.9
which contained the report of the interim Agreement secretariat. After
describing the events leading up to the adoption of the Agreement, he noted
that the interim secretariat had been established in the Netherlands on 1
January 1996. The Agreement had been opened for signature on 15 August 1996,
after some delay caused by translation of the text into Russian and Arabic.
The interim secretariat had contacted all Range States and it was hoped that
the Agreement would enter into force by mid-1998. 112. The representative of the Netherlands was pleased to announce that it
would continue to finance the interim secretariat beyond the initially agreed
date until the Meeting of the Parties in 1999 and, to ensure a smooth
transition, for a period thereafter. This was welcomed by the Chairman on
behalf of the Committee of the Whole. Agreement on the Conservation of Cetaceans of the Black Sea,
Mediterranean Sea and Contiguous Atlantic Area (ACCOBAMS) 113. Ms. Van Klaveren, the representative of Monaco, which was the
depositary country for ACCOBAMS, presented an oral report, referring to
paragraph 18 of document UNEP/CMS/Conf.5.9. She said that thanks to
translation assistance provided by Tunisia and Ukraine, it had been possible
to open the Agreement for signature only 24 hours after its adoption.
ACCOBAMS was innovative on several counts; notably, it binds the countries of
the two subregions to work together on a subject of common concern and,
significantly, is also open to membership of non-coastal States ("third
countries") whose vessels are engaged in activities which may affect
cetaceans. It was based on a close collaboration among the international
institutions that were present at its inception: the Bonn, Barcelona and Bern
Conventions, as well as the Bucharest Convention. ACCOBAMS was clearly
closely related to the recently adopted Barcelona Convention Protocol
concerning Specially Protected Areas and Biological Diversity in the
Mediterranean. She emphasized that the Agreement was institutionally original
and regional, since its negotiators wished that the tools for implementation
bechanneled through existing regional structures. (d) Guidelines on the harmonization of future Agreements 114. At its third plenary session, the meeting took up its consideration
of the above item of its agenda. In its deliberations, the meeting had before
it document UNEP/CMS/Conf.5.10, prepared by the Secretariat. Introducing that
report, the Coordinator said that the fourth meeting of the Conference of the
Parties had examined a document on elements for the establishment of
guidelines, and had given instructions to prepare guidelines for the present
meeting. A consultant, with input from the Secretariat, had drawn up the
report, which had been presented to the 15th meeting of the Standing
Committee in English only. The Committee had not debated the report in
detail, but had requested that it be translated into French and Spanish for
submission to the Focal Points of CMS for comment. Owing to their late
receipt of the document, the Secretariat had so far received comments from
only 5 countries. He suggested that the Chairman establish a working group to
discuss the comments submitted to the Secretariat regarding the guidelines
and to prepare a synthesis of all suggested amendments, if possible, so that
the guidelines could be presented for adoption at the present meeting. In
concluding, he stressed that the guidelines were not intended as final. They
would evolve, especially in light of the requirements of newly arising
Agreements, and would be subject to continuous renewal and updating. 115. Several representatives, expressing their general support for efforts
towards the harmonization of Agreements, raised specific points for amendment
that would be for discussion in the working group. It was generally
considered that there was a definite need for flexibility in such guidelines.
Indicating that the guidelines had been subjected to review by their national
legal experts, several representatives noted their particular reservations
with regard to the legal status of Memoranda of Understanding. One
representative was of the opinion that the text of the guidelines as it stood
presented problems in terms of emphasis and interpretation. Another
representative believed that the present meeting should not adopt, but should
merely take note of, the amended guidelines. 116. It was agreed that a working group would be established to study and
amend the draft guidelines, with the following core membership: Australia,
Cameroon, Finland, France, Monaco, Netherlands, Pakistan, Philippines, Saudi
Arabia and the United Kingdom. The group would elect its own chair, who would
report back to the plenary on the results of its deliberations. 117. In plenary session on 15 April, the chairman of the working group set
up under this agenda item reported on the work of the group. Having studied
document UNEP/CMS/Conf.5.10 and the comments made by several countries
regarding their treaty practice, the group considered that the guidelines set
out in the document should be further examined by the Parties. He therefore
drew attention to draft Resolution 5.2 set out in document UNEP/CMS/1997/L.14
instructing the Secretariat to carry out the necessary work in that regard. 118. The Coordinator thought it might be useful if the wording of draft
Resolution 5.2 were aligned on Resolution 4.3 adopted at the fourth meeting
of the Conference of the Parties which mandated the Standing Committee to
carry out the work needed. He suggested that an open-ended working group be
set up on the topic and consult with either the Standing Committee or the
Secretariat. He also stressed the value of the proposed guidelines as a
working tool in the preparation of further Agreements. 119. The Chairman agreed on the importance of the work already done being
used constructively, even though the guidelines were not accepted as being in
any way final. The plenary agreed to accept the proposals of the working
group, which would be implemented through a contact group to be established
and the Standing Committee. 120. At the plenary session on Wednesday, 16 April 1997, the Chairman of
the working group read out a proposed amendment to operative paragraph b) of
draft Resolution 5.2, which was agreed. The text of the resolution was
adopted, as amended, and can be found in Annex I to the present report. (e) Interpretation of Certain Terms Used in the Convention 121. Introducing the item to the plenary on Tuesday, 15 April 1997, the
representative of Australia, speaking in his capacity as Chairman of the
Standing Committee, drew attention to document UNEP/CMS/Conf.5.16 and to the
draft resolution on interpretation of the term "endangered" in
document UNEP/CMS/1997/L.3/Rev.1. That interpretation, it was pointed out,
would achieve maximum compatibility with the IUCN "Categories of
Threat". 122. After an exchange of views, the resolution was adopted without
amendment. The text of Resolution 5.3 can be found in Annex I to the present
report. AGENDA ITEM 11: REPORT OF THE
CREDENTIALS COMMITTEE 123. In plenary session on 15 April 1997, the chair of the working group
set up under this agenda item reported to the plenary on the work of the
group. The working group had studied and approved the credentials of 40
Contracting Parties present at the meeting. Two other Contracting Parties
present had not submitted credentials and those of a third were still under
consideration. The working group also requested that a decision should be
taken for the future in regard to rule 3 of the Rules of Procedure as to what
constituted a "proper authority" and whether credentials submitted
by fax were acceptable. The Chair suggested that the CMS Secretariat be
requested to report briefly on the questions of "proper authority"
and submission of credentials by fax to the Standing Committee at its next
meeting. It was so agreed. 124. The Chair of the Credentials
Committee made her final report to the plenary on 16 April, informing the
Conference that the Committee had examined and approved the credentials of 41
Parties attending the meeting. 126. The Deputy Coordinator pointed out that he had been advised that the
spectacled porpoise Australophocaena dioptrica, proposed for
inclusion in Appendix II, was now considered by taxonomists to be in the
genus Phocoena, thus the reference in proposal number II/2 should be
amended accordingly. 127. The Coordinator said that a corrigendum to the proposals to add
certain albatross species to Appendix II was available
(UNEP/CMS/Conf.5.11(Rev.1 and 2). The representative of France fully
supported the proposal to include a number of albatrosses in Appendix II and
the Amsterdam albatross, Diomedea amsterdamensis, in Appendix I. She
pointed out that the nesting sites of the latter were in the French Antarctic
Territories and that a great deal of research had been carried out on the
species there over the past 40 years. She suggested that France should submit
a supplementary updated document on the species for inclusion in the final
documents of the Conference. The representative of Australia had no objection
to that course of action. The meeting agreed to the suggestion. 128. The observer of Ecuador expressed his satisfaction that the Waved
albatross, Diomedea irrorata, was proposed for inclusion in Appendix
II. The Galapagos Islands were a province of Ecuador and the species was
therefore subject to the recently adopted conservation laws of that country.
The meeting took note. 129. The representative of Uruguay made an editorial correction to the
English text of the corrigendum. The first reference to Diomedea
melanophris (proposal II/7) should actually have mentioned Diomedea
epomophora. 130. The observer for New Zealand strongly supported the proposals to
include albatross species in the Appendices. There was considerable
incidental mortality and his country was ready to cooperate on regional work.
The representative of Norway also endorsed the Australian proposal and
considered that the issue of bycatch should be studied in depth at some
future stage. The representative of Argentina, supported by Chile, said that,
in accordance with standard United Nations practice, references throughout
the Spanish text should be to "Islas Malvinas/Falklands". 131. The Committee of the Whole approved the proposals for transmission to
the plenary. AGENDA ITEM 13: STRATEGY FOR THE FUTURE DEVELOPMENT OF THE CONVENTION 132. Introducing the item, the Coordinator drew the attention of the
plenary to document UNEP/CMS/Conf.5.12, produced in response to Resolution
4.4, adopted by the Conference of the Parties at Nairobi in 1994. Part I of
the document contained 25 action points relating to the work agreed by the
fourth meeting of the Conference of the Parties and Part II contained
proposals, prepared by the Secretariat, for future work which could be
revised and amended by the Conference in order to serve as a guide for CMS
bodies and Parties in the subsequent triennium. 133. The Chairman commented that many of the activities listed under the
action points had been carried out, but that elsewhere progress was mixed,
which largely reflected the limited resources available. He invited comments
on the document. 134. The representative of the United Kingdom agreed with the overall
picture presented that the Secretariat was spread very thinly and that
resources were inadequate to complete all the work requested. It was
important that in the new strategy care was taken to make requests in
accordance with resources available and to avoid being over-ambitious.
Prioritization of objectives would aid in that respect. The Chairman agreed
that the objectives must be viewed in the light of discussions on the budget
to ensure a realistic approach. 135. Referring to the old action point 20 of Resolution 4.4 contained in
Part I of document UNEP/CMS/Conf. 5.12, the representative of Uruguay
considered it unfortunate that an allusion was made to non-payment of
contributions at a time when attempts were being made to increase membership
of the Convention. The developing countries were the poorest and needed most
help in carrying out conservation-related activities. He also expressed his
concern at the lack of mention of America and the Caribbean in Part II of the
document. The proposals made at the CMS South American workshop held at
Valdivia, Chile, in December 1996 had apparently not been followed up. On the
question of resources, he agreed that the strategy must be in line with what
was available. In connection with Objective 3, he did not believe it was
necessary to resort to a consultancy to give guidance to new Parties since
the Secretariat could do that work. 136. In regard to paragraph 2.2 under Objective 2, the representative of
Cameroon considered that training should be included and the representative
of Zaire wished the Mountain gorilla to be added to the species targeted for
preliminary work. 137. The representative of Monaco noted that regional agreements such as
the Mediterranean Action Plan were not mentioned and hoped that they would be
taken into consideration. 138. The representative of Switzerland opined that the document was on the
right lines and that it was clear that activities could not be carried out
without appropriate financing. Greater priority should be given to biological
diversity and synergy with other conventions or regional agreements, which
would assist CMS work. 139. The meeting established an open-ended working group, with a core
membership of Cameroon, Monaco, Netherlands, Norway, Pakistan, Slovakia,
Switzerland, United Kingdom and Uruguay, to study the matter and report back
to the plenary. Pakistan was asked to convene the first meeting at which the
group would select its chairman and decide on its modus operandi. 140. On 15 April 1997, the chairman of the working group established under
the agenda item, Mr. Ian Muchmore, United Kingdom, reported to the plenary on
the work of the group. Noting that the Secretariat lacked the capacity to
carry out all the work assigned to it, the group considered that the Strategy
should be refocused and that the Contracting Parties should give the
Secretariat guidance in regard to priorities if it proved impossible to do
all the work. He then introduced draft Resolution 5.4, which was before the
meeting, and made a minor textual correction to operative paragraph 1. The
working group considered that joint priorities were acceptable and had
suggested the five key priorities listed in operative paragraph 1. The
working group also felt that a written report of its deliberations should be
communicated to the Standing Committee. 141. The Chairman said that it was important that the Strategy progress on
a programme-based approach and urged the meeting to adopt the draft
resolution. He suggested that Objectives 7.1, 7.2 and 7.3 be placed in the
high-priority category. It was so agreed. In response to a point raised by
the representative of Uruguay, the chairman of the working group read out an
oral amendment for a new Objective 2.4 which, it was agreed, would be
inserted in the high-priority list. 142. The representative of Uruguay also requested clarification concerning
the wording "should promote the development of cost-effective
projects" in Objective 5.1. The Coordinator explained that the
Secretariat did not carry out projects itself but assigned them to
cost-effective consultancies. It followed the normal procedures for
allocation of resources by referring to the Scientific Council and the
Standing Committee. The representative of Uruguay said that he would raise
the matter at the next meeting of the Standing Committee. 143. The plenary agreed that the chairman of the working group should
submit a written report of the group's deliberations to the Standing
Committee in due course and adopted Resolution 5.4, as amended. The text of
the resolution, as agreed, can be found in Annex I to the present report. ITEM 14: FINANCIAL AND
ADMINISTRATIVE ARRANGEMENTS (a) Extension of the CMS Trust Fund (b) Adoption of the budget for 1998-2000 144. In its deliberations on the above items of its agenda, the plenary
had before it the following documentation: UNEP/CMS/Conf.5.13.1,
"Financial and Administrative Matters", and its addendum
"Administration of the Trust Fund Beyond 31 December 1997".
Introducing the main report, the Deputy Coordinator referred to the concern
expressed by the Standing Committee at the draft budget proposals it reviewed
at its meeting on 23 and 24 January 1997 and to its request that options be
prepared by the Secretariat: one setting out a budgetary increase that
represented the rate of inflation (Option 2 of the report) and another
presenting a budget similar to that tabled for the Standing Committee meeting
(Option 1). Annexes 2a and 2b of that report also set out two different
scales of contributions for Parties to the Trust Fund, corresponding to the
two different options. In that connection, he wished to underline two points
that Parties should consider when comparing their contributions from one
triennium to the next: (a) the 1994 budget had incorporated a $400,000
withdrawal from the Trust Fund, effectively subsidising Parties'
contributions; (b) for many Parties, the United Nations scale of assessment
had been changed, sometimes significantly affecting the level of a Party's
contributions. He drew the representatives' attention to Annex 1 of the
document, which gave a detailed explanation of each budget line, noting that
the level of detail could best be considered in a working group on budget and
finance. He also pointed to the draft Resolution 5.8 on financial and
administrative matters, annexed to the report, indicating that discussion in
the Standing Committee had already proposed the deletion of its operative
paragraph 8. 145. Turning to document UNEP/CMS/Conf.5.13.1/Addendum, he pointed to the
new information it contained, received from UNEP headquarters, regarding the
administration of the CMS Trust Fund. Concerning contributions, as far as the
end-of-year 1996 was concerned, 32 of the 49 Parties to CMS had paid their
contributions in full, representing approximately 92 percent of the total
funds pledged for that year. A few Parties had already made full or partial
payments of their 1997 dues. Concerning expenditures, the document lacked
information on the current status of the Trust Fund and it was hoped that the
representative of UNEP could provide any required information on that point. 146. The representative of UNEP, referring back to the opening statement
of Mr. Frits Schlingemann on behalf of the Executive Director of UNEP,
pointed to Annex 2 of the addendum. He reiterated that UNEP had offered to
finance the Administrative Officer listed in line 1105, while the Finance
Assistant listed in line 1302 would be financed from the Trust Fund of CMS. 147. Several representatives sought further specific details on aspects of
the budget and it was agreed that these would be provided to the working
group to be established. The Deputy Coordinator said that the Secretariat
would also recommend two further documents on financial matters to that group
. The first document, UNEP/CMS/Conf 5.13.2, "Guidelines for Acceptance
of Financial Contributions", had been considered by the Standing
Committee, which sought endorsement from the Conference of the Parties for a
Committee decision on the subject. The second paper, UNEP/CMS/Conf. 5.13.3
"Summary of project proposals for which voluntary contributions are
sought", should be viewed in tandem with the main report on the budget.
It represented a "shopping list" of projects for which voluntary
funding could be sought. In that connection, the outcome of the recent
meeting of the Scientific Council was important, as it had identified
projects that were worthy of funding and also areas where previously
earmarked resources had not been fully utilized. Recalling the earlier
intervention from the representative of Uruguay, the Deputy Coordinator drew
particular attention to several projects proposed for South America. 148. It was agreed that an open-ended working group on budget and finance
would be established, with the following core membership: Australia,
Cameroon, France, Germany, India, Netherlands, Nigeria and the United
Kingdom. The group would elect its own chair and would report back to the
plenary on the results of its deliberations. 149. On 15 April 1997, the chairman of the working group set up under this
item of the agenda, Mr S.C. Dey, India, reported to the plenary on the
deliberations of the group. The group had noted that, as against an opening
balance of $1.8 million on 1 January 1996, the Trust Fund showed a balance of
approximately $1.88 million on 1 January 1997 according to information
received orally from the representative of UNEP. In that context, the group
stressed that, in future, a clear picture of the situation should be provided
by UNEP. The group had examined Options 1 and 2 set out in Annexes 1a and 1b
to document UNEP/CMS/Conf.5.13.1 respectively, noting that the increase in
payments by major contributors would, according to the chairman's figures,
amount to approximately 40 percent for Option 1 and 20 percent for Option 2.
The group hoped that the secondment of two officials to the Secretariat by
Germany and the United Kingdom would be continued after expiry of the present
term and that other wealthy countries would also second officials to the
Secretariat. It noted UNEP's commitment to finance an administrative officer
rather than a finance assistant as at present. The group expressed its great
appreciation of the additional voluntary contribution of DEM100,000 per annum
over the triennium, announced by the German Government, to assist in meeting
the increased cost of programmes and work. The amount was flagged with three
asterisks in Annex 1 to draft Resolution 5.8 (Rev.1), which was before the
meeting. 150. In the core budget, the cost of participation in the sixth meeting of
the Conference of the Parties by developing country Parties to the Convention
had been provided for. If holding the meeting of the Conference of the
Parties away from a United Nations venue would entail greater expenditure in
general, the question should be reconsidered. For meetings of the Scientific
Council and the Standing Committee, support had been allocated as required
for all members of those bodies. On the question of increasing working
languages to six, from the current three, the additional cost for the meeting
of the Conference of the Parties was roughly $250,000, according to the
representative of UNEP. 151. The working group considered that the administration of the Trust
Fund by UNEP should be extended to 31 December 2000 and that the level of
reserve to be kept in the Fund should be decided by the plenary. Referring to
draft Resolution 5.8 (Rev.1), he believed that operative paragraph 8 relating
to the participation fee for all NGOs could be deleted if so decided by
plenary. On the basis of the above information, the working group recommended
adoption of draft Resolution 5.8 and the attached annexes, containing a new
option which gave slightly lower figures than the total liability set out in
Option 2 of document UNEP/CMS/Conf.5.13.1. 152. The Chairman of the plenary suggested that the matter of
participation fees for NGOs should be decided by the Bureau and the chairman
of the working group on the budget. The representative of Germany asked that
all participants in that working group join with the Bureau to take the
decision. It was so agreed. 153. In reply to a question from the Chairman regarding the status of the
Trust Fund, the representative of UNEP said that he was awaiting further
information from Nairobi. The Chairman then invited suggestions on the use of
additional resources from the Trust Fund. The representative of Belgium
stressed that projects in the field were an essential part of CMS to which
maximum resources should be devoted. The representative of the Netherlands
shared that view and considered that it was reasonable to retain one year's
operational expenses in the Trust Fund. 154. The representative of Germany expressed surprise that no precise
figures had been provided by UNEP, which made it difficult to give an
opinion. He suggested that the 1994 figures should be taken as a guide and
that the Secretariat should continue to carry out projects to further the
objectives of the Convention through consultancies. The chairman of the
working group on the Strategy for the future development of the Convention
said that the scientific work of CMS was extremely important and that the
working group would support the use of any surplus monies from the Trust Fund
for such activities. The chairman of the working group established to
consider the celebration of the twentieth anniversary of CMS said that some
funds would probably be required in that connection. 155. The representative of the European Community pointed out that the
Community's contribution could not exceed 2.5 percent of the administrative
costs. He requested that the Secretariat check the figures in the new
proposed option. It was so agreed. 156. In reply to a question from the representative of Australia, the
Deputy Coordinator confirmed that the total in the Trust Fund included interest
earned. On the question of drawing from the Trust Fund, he pointed out that,
as shown in document UNEP/CMS/Conf.5.13.1/Addendum, Annex 3b, commitments for
1997 totalled $1.63 million of the $1.88 million in the Trust Fund. It should
also be borne in mind that payments from major contributors would probably
not be received for several months. The representative of the United Kingdom
reported that his country's contribution had been paid on 13 March 1997. In
reply to a question from the representative of Panama, the chairman of the
budget working group said that the translation costs shown in the new budget
option did not include those which would be incurred for Arabic. 157. The observer for WCMC asked whether the budget estimates attached to
draft Resolution 5.8 (Rev.1) contained provision for the proposal submitted
by his organization regarding the development of a CMS information strategy.
The Coordinator said that two distinct sums were involved: the first was an
amount of $5,000 needed to carry out the feasibility study to be conducted by
WCMC regarding harmonization of reporting in connection with the five
biodiversity-related conventions. That amount was covered by an earmarked
contribution from Belgium. The Chairman said that the other project, costing
around $40,000 had not yet been approved and suggested it be considered by
the joint Bureau and budget working group meeting. It was so agreed. 158. At the meeting of the plenary on 16 April, the chairman of the
working group established under this agenda item introduced a revised
resolution and annexes on the budget and reported that the joint meeting of
the working group and the Bureau had focussed on the question of how much
cash should be withdrawn from the Trust Fund and to what use it should be
put. The group had agreed that $600,000 should be withdrawn for project
activities to be identified by the Scientific Council, $30,000 to finance a
contract with WCMC for work on harmonization of the reporting system under
CMS and related Agreements, and $100,000 to decrease the contributions of
Parties. The total amount withdrawn would be $730,000, leaving $1.2 million
in the Trust Fund to finance at least one year's activities. The joint group
had also agreed that the additional contribution to projects should be shown
separately and it appeared in the budget proposal as a new Projects Component
20. 159. On the question of payment of a participation fee by non-governmental
organizations, the group decided to set the figure at $100 rather than
abolishing it completely in the event that NGO participation considerably
higher than at present resulted in increased expenditure on meetings. 160. The Chairman of the Scientific Council welcomed the increase in
resources afforded to the Convention which would give priority to work on
endangered species in Appendix I. 161. The representative of Switzerland wondered whether the Secretariat
would find the resources allocated sufficient. They were considerably less
than those in the initial proposal and he queried whether an appeal for
additional voluntary contributions would have to be made. The Coordinator
replied that the Secretariat had presented a budget which reflected its best
estimate of its needs. While this had not been accepted, he understood the
situation and the Secretariat would make the best use of the resources
available. If it had to attempt to find external sponsors in addition to its
heavy workload, he could not promise success. 162. The Chairman noted that the revised budget was obviously a compromise
resulting from intensive negotiation among Parties. The revised version did
have some enhancements over the original Option 2 in regard, for example, to
translation and consultancies. He urged the plenary to adopt the revised,
final version of the budget and its associated annexes. The representative of
the European Community stated that the Community's financial contribution was
subject to approval by the financial authority. The meeting took note. 163. The plenary adopted Resolution 5.6 (formerly numbered 5.8), as
amended, and the associated annexes 1 to 4, the text of which appears in
Annex I to the present report. 164. At the plenary session on Tuesday, 15 April 1997, the meeting adopted
without amendment, on the basis of document UNEP/CMS/1997/L.9, a resolution
on guidelines for acceptance of financial contributions. The text of
Resolution 5.7 can be found in Annex I to the present report. AGENDA ITEM 15: INSTITUTIONAL
ARRANGEMENTS (a) Agreement secretariats 165. The representative of Germany, introducing the sub-item to the
plenary, drew attention to document UNEP/CMS/Conf.5.14.1. The bases of the
proposal for co-location of certain secretariats Agreements concluded under
CMS, made by the CMS Standing Committee, were action points 18 and 19
contained in Resolution 4.4, adopted by the fourth meeting of the Conference
of the Parties (Nairobi, June 1994). The decision was taken unanimously and
was a rational one since the co-location of small secretariats would be of
considerable mutual benefit. A great deal of work was being carried out on
administrative and organizational aspects. The secretariat of the Agreement
on the Conservation of Bats in Europe (Eurobats) had already moved to Bonn.
Although in December 1994, the first Meeting of the Parties to the Agreement
on the Conservation of Small Cetaceans of the Baltic and North Seas
(ASCOBANS) had decided to keep its secretariat in the United Kingdom, it
decided to review the location at its second meeting. In 1995 and 1996
respectively, it had been decided by the negotiating States of each Agreement
that the Secretariat of the Bonn Convention would act as secretariat of the
Agreement on the Conservation of African-Eurasian Migratory Waterbirds (AEWA)
and of the Agreement on the Conservation of Cetaceans of the Black Sea,
Mediterranean Sea and Contiguous Atlantic Area (ACCOBAMS), but discussions
among some of the Range States of the latter Agreement were apparently not
moving in that direction. 166. The working group set up by the Standing Committee in March 1995 to
study the subject had concluded that full integration within the parent
UNEP/CMS Secretariat would be the most efficient arrangement; its full
conclusions are given in Annex 1 to document UNEP/CMS/Conf.5.14.1. 167. At the Standing Committee meeting held in Geneva immediately prior to
the present meeting of the Conference of the Parties, the UNEP representative
had been asked to state what contribution it could make and had replied that
it would bear the cost of an administrative officer for the joint
secretariats. Study of the various legal, financial and other aspects of the
subject should be pursued, and the Netherlands and Germany would submit a
pertinent draft resolution for consideration by the Conference. 168. The meeting agreed to set up an open-ended working group on the
topic, with core membership comprising Australia, Cameroon, European
Community, France, Germany, Monaco, Switzerland, Tunisia, United Kingdom,
UNEP, ASCOBANS and the Bern Convention. At the Chairman's suggestion, the
group would be chaired by Australia. 169. Reporting to the plenary on Wednesday, 16 April 1997, the Chairman of
the working group on co-location expressed his particular thanks to the
representatives of France, Germany, Monaco, Netherlands, Switzerland,
European Community and UNEP for the cooperative work accomplished in the
group. The group submitted to the plenary for adoption a draft resolution on
co-location of Agreement secretariats, prepared by the European and
Depositary representatives on the CMS Standing Committee (Netherlands and
Germany), and contained in document UNEP/CMS/1997/L.5(Rev.1). 170. The representative of the United Kingdom expressed a reservation
about the terms of reference of the Secretariat arrangements for the proposed
Agreements Unit, as contained in the annex to the draft resolution. His
delegation was concerned that, as recruitment was scheduled to be carried out
by UNEP, there could be a lack of flexibility in the recruitment of staff for
the Agreements secretariats, bringing the danger of key posts lying vacant
for long periods. He hoped that issue could be further addressed at a later
time and wished to place on record the fact that his Government's attitude to
any future development of an Agreements Unit would be affected by the way in
which that question was resolved. 171. The representative of Monaco, regretting that the final text of the
annex to the draft resolution containing the terms of reference had not been
available in French until it was presented for adoption, agreed to join the
consensus in adopting Resolution 5.5. However, she entered a reservation
concerning the annex dealing with terms of reference until it had been
examined by her national authorities. 172. The text of Resolution 5.5, which can be found in Annex I to the
present report, was adopted without further amendment. 173. Subsequent to the adoption of the resolution, the representative of
Monaco wished the following statement to be recorded in the report of the
meeting: "The delegation of Monaco notes well that the Parties to Agreements
have the full authority concerning decisions to be taken about the location
of secretariats, their financing and their functioning if situated outside
the established Agreements Unit. At the first Meeting of the Parties to ACCOBAMS, the Principality of
Monaco will propose to host the permanent secretariat. The Parties to the
Agreement will thus decide between a location of the secretariat in one of
the coastal Parties and acceptance of the offer of the Conference to the
Parties to CMS." 174. The representative of Germany, expressed satisfaction at the adoption
of the resolution. He regretted that the French translation of the draft
resolution had led to misunderstanding among several delegations, and he
expressed thanks to the chairman of the working group. At the suggestion of
the Chairman, the representative of Germany offered to provide the
Secretariat with the following summary of this remarks: "The Contracting Parties to each regional Agreement under CMS have to
decide autonomously about the location and the arrangements concerning their
respective secretariats, with due regard to the aim of the Agreement
concerned. Each of these decisions should be favourable for each Agreement.
The German view is that co-location of the secretariats of regional
Agreements with a European centre is beneficial for both the Secretariat of
the Convention and the secretariats of the regional Agreements, taking in
account the administrative workload of each secretariat. Thus Germany invites
the Contracting Parties to regional Agreements to contact the German
Government before taking new decisions about location of and arrangements for
the respective secretariats, in order to clarify how the host country of the
Convention Secretariat could support the regional Agreements if they wish to
co-locate their secretariat with the Convention Secretariat." (b) Standing Committee 175. At the elections of members of the Standing Committee at the plenary
session on 15 April 1997, the following countries were elected members and
alternate members for the coming triennium, based on the recommendations of
the regional Parties to the Convention: Africa Member: Guinea Alternate member: South Africa America and the Caribbean Member: Uruguay Alternate member: Argentina Europe Alternate member: Poland Oceania Member: Philippines Alternate member: Australia. 176. The Chairman thanked all the outgoing members and alternates of the
Standing Committee for the work they had done in serving on it. (c) Scientific Council 177. Introducing the above agenda item to the Committee of the Whole, the Deputy Coordinator pointed to the report on institutional arrangements for the Scientific Council, contained in document UNEP/CMS/Conf.5.14.3. That report contained proposed rules of procedure for the Council, subsequently amended for clarity and reissued as UNEP/CMS/Conf.5.14.3 (Rev.1) and set out the procedure for the selection of Conference-appointed Councillors. 178. The Chairman of the Scientific Council expressed his gratitude on the
Council's behalf to the Conference-appointed Councillors for their
outstanding work. He said that the Council had a continued need for their
expertise and had identified no other area where additional expertise would
be required in the coming triennium. He proposed, and the Committee of the
Whole accepted that the following Councillors be appointed to serve another
term: Dr. Colin Limpus (Australia) - marine turtles. Dr. Michael Moser (United Kingdom) - waterbirds Dr. William Perrin (United States) - cetaceans Dr. Pierre Pfeffer (France) - large mammals Dr. Roberto Schlatter (Chile) - neotropical fauna. 179. Concerning the rules of procedure of the Scientific Council as
contained in document UNEP/CMS/Conf.5.14.3 (Rev.1), the representative of
Panama made some minor oral linguistic corrections to the Spanish version of
the text, which the Secretariat undertook to incorporate in the final
version. 180. The Committee took note of the rules of procedure for the Scientific
Council and decided to forward them to the plenary for consideration in
accordance with Article VIII, paragraph 4 of the Convention. AGENDA ITEM 16: CORRECTION OF THE
TEXTS OF THE CONVENTION 181. The representative of Germany drew attention to document
UNEP/CMS/Conf.5.6, including the three annexes, and said that great progress
had been made since the fourth meeting of the Conference of the Parties. The
correction procedure was now complete in accordance with the provisions of
the Vienna Convention on the Law of Treaties and the English, French, German,
and Spanish versions were ready for distribution. Work on the Arabic, Chinese
and Russian texts was also proceeding. 182. The Coordinator thanked the Depositary for its work and apologized
for any misunderstanding caused by footnote 2 on page 2 of the document,
which he said related only to the presentation of the texts from the point of
view of formatting, and not the procedures that had been followed. In answer
to a query from one representative, he said that the English text of the
Convention was contained in document UNEP/CMS/Inf.5.7. 183. The meeting noted that the appropriate procedures regarding the
correction of the texts of the Convention had been followed and approved the
final versions of the English, French, German and Spanish texts, and thanked
the Depositary for undertaking to prepare each of the certified texts in a
presentable format as soon as possible. AGENDA ITEM 17: REPORTS OF
SESSIONAL COMMITTEES 184. At the plenary session on Tuesday, 15 April 1997, Professor Abdulaziz
Abuzinada (Saudi Arabia), Chairman of the Committee of the Whole, gave an
oral report on the work of the Committee and the items of the agenda it had
discussed. The Chairman of the plenary then enumerated the agenda items which
had been dealt with and the action required. Agenda item 10 (b): Measures to improve the conservation status of
Appendix I species 185. For the discussion of the Committee of the Whole, see paragraphs 92
to 98, above. The Committee had approved for transmission to the plenary the
draft Resolution 5.1, contained in document UNEP/CMS/1997/L.6, as amended by
Chile to include Hippocamelus bisculus, and by Uruguay to include Pontoporia
blainvillei. The Chairman pointed out that, due to a typing error, the
Lesser white-fronted goose, Anser erythropus, did not appear as it
should in this draft. The plenary adopted the resolution. The text of
Resolution 5.1, as amended, can be found in Annex I to the present report. Agenda item 15 (c): Institutional arrangements: Scientific Council 186. For the discussion of the Committee of the Whole, see paragraphs 177
to 180, above. The Committee had recommended the re-appointment of all five
of the Conference-appointed Councillors. The Scientific Council had also
agreed on its rules of procedure, as contained in document
UNEP/CMS/Conf.5.14.3(Rev.1), with oral corrections to the Spanish text by the
representative of Panama, of which the Committee had taken note. The Chairman
of the Committee of the Whole recommended that the Conference approve those
rules. It was so decided. The rules of procedure of the Scientific Council
are attached at Annex VII to the present report. Agenda item 12: Consideration of proposals for amendments to Appendices I
and II of the Convention 187. For the discussion of this agenda item by Committee of the Whole, see
paragraphs 125 to 131, above. The Committee had taken note of the
recommendations of the Scientific Council to adopt all proposals for
inclusion in Appendices I and II, except two pertaining to the Black-necked
swan populations of Chile and Uruguay. The representatives of Chile and
Uruguay had subsequently withdrawn their proposals. The Committee had
recommended that the plenary adopt all of the remaining proposals. It was so
decided. The list of species included in Appendices I and II by the fifth
meeting of the Conference of the Parties appears at Annex III to the present
report. Agenda item 19 (a) Co-operative actions for Appendix II species 188. On the basis of the proposal the Committee of the Whole had approved
(see paragraph 197, below, for the discussion), the plenary now had before it
draft Recommendation 5.2 on co-operative actions for Appendix II species,
contained in document UNEP/CMS/1997/L.11. The plenary adopted the
recommendation, the text of which can be found in Annex II to the present
report. Agenda item 19 (b) Climate change and its implications for CMS 189. Concerning the discussion on climate change that had taken place
under agenda item 19 (Other business) (see paragraph 198, below), the
Committee of the Whole transmitted to the plenary a resolution on climate
change and its implications for CMS, contained in document UNEP/CMS/1997/L.2.
It was agreed that the document was more appropriately termed a
recommendation, and it was so adopted. The text of Recommendation 5.5 can be
found in Annex II to the present report. Agenda item 19 ( c) Symposium on Animal Migration 190. The Committee of the Whole had agreed to the proposal of the Chairman
of the Scientific Council, whereby the Council be given a mandate to pursue
the issues raised at the Symposium on Animal Migration held on 13 April 1997,
hosted by IUCN (see paragraph 199, below). 191. At the plenary session on Wednesday, 16 April, the representative of
the Philippines, pointing to the activities of the symposium, reiterated the
importance of follow-up to the questions it had raised. He proposed that the
Conference recommend that the Scientific Council review, intersessionally,
the issues arising from the symposium and that the Secretariat publish the
proceedings of the Symposium. The representative of Belgium strongly
supported that proposal. It was so decided. AGENDA ITEM 18: DATE AND VENUE OF
THE SIXTH MEETING OF THE CONFERENCE OF THE PARTIES 192. The plenary took up its consideration of this item of its agenda on
Tuesday, 15 April 1997. The Chairman drew attention to document
UNEP/CMS/Conf.5.15 and to draft Resolution 5.10, contained in document UNEP/CMS/1997/L.12.
193. The representative of South Africa said that, pending the successful
negotiation of partnerships with the Netherlands and others, and subject to
the approval of the Cabinet of his Government and the acquisition and
allocation of sufficient funds, the Republic of South Africa was proposing to
host the sixth meeting of the Conference of the Parties at a suitable
location in the country in 1999. 194. The representative of the Netherlands, recalling its decision to host the Interim Secretariat of AEWA and to organize the first meeting of the Parties to AEWA, said that he expected the required number of ratifications to be received in time to allow the first meeting of the Parties to take place in late 1999. After consultation with the CMS Secretariat and with South Africa, his Government had decided to pursue the question of holding the meeting back-to-back with the sixth meeting |