ASEAN AGREEMENT ON THE CONSERVATION OF NATURE AND NATURAL RESOURCES (1985)

ASEAN AGREEMENT ON THE CONSERVATION OF NATURE AND

NATURAL RESOURCES

Kuala Lumpur, 9 July 1985

The Government of Negara Brunei Darussalam, The

Government of the Republic of Indonesia, The Government

of Malaysia, The Government of the Republic of the

Philippines, The Government of the Republic of Singapore

and The Government of the Kingdom of Thailand, Member

States of the Association of South East Asian Nations

(ASEAN),

Recognizing the importance of natural resources for

present and future generations;

Conscious of their ever-growing value from a scientific,

cultural, social and economic point of view;

Conscious also that the interrelationship between

conservation and socio-economic development implies both

that conservation is necessary to ensure sustainability

of development, and that socio-economic development is

necessary for the achievement of conservation on a

lasting basis;

Recognizing the interdependence of living resources,

between them and with other natural resources, within

ecosystems of which they are part;

Wishing to undertake individual and joint action for the

conservation and management of their living resources and

the other natural elements on which they depend;

Recognizing that international co-operation is essential

to attain many of these goals;

Convinced that an essential means to achieve such

concerted action is the conclusion and implementation of

an Agreement;

Have agreed as follows:

Chapter I

CONSERVATION AND DEVELOPMENT

Article 1

FUNDAMENTAL PRINCIPLE

1. The Contracting Parties, within the framework of their

respective national laws, undertake to adopt singly, or

where necessary and appropriate through concerted action,

the measures necessary to maintain essential ecological

processes and life-support systems, to preserve genetic

diversity, and to ensure the sustainable utilization of

harvested natural resources under their jurisdiction in

accordance with scientific principles and with a view to

attaining the goal of sustainable development.

2. To this end they shall develop national conservation

strategies, and shall co-ordinate such strategies within

the framework of a conservation strategy for the Region.

Article 2

DEVELOPMENT PLANNING

1. The Contracting Parties shall take all necessary

measures, within the framework of their respective

national laws, to ensure that conservation and management

of natural resources are treated as an integral part of

development planning at all stages and at all levels.

2. To that effect they shall, in the formulation of all

development plans, give as full consideration to

ecological factors as to economic and social ones.

3. The Contracting Parties shall, where necessary, take

appropriate action with a view to conserving and managing

natural resources of significant importance for two or

several Contracting Parties.

Chapter II

CONSERVATION OF SPECIES AND ECOSYSTEMS

Article 3

SPECIES Ñ GENETIC DIVERSITY

1. The Contracting Parties shall, wherever possible,

maintain maximum genetic diversity by taking action aimed

at ensuring the survival and promoting the conservation

of all species under their jurisdiction and control.

2. To that end, they shall adopt appropriate measures to

conserve animal and plant species whether terrestrial,

marine and freshwater, and more specifically:

(a) conserve natural, terrestrial, freshwater and coastal

or marine habitats;

(b) ensure sustainable use of harvested species;

(d) conserve endemic species; and

(e) take all measures in their power to prevent the

extinction of any species or sub-species.

3. In order to fulfil the aims of the preceding paragraph

of this Article the Contracting Parties shall, in

particular, endeavour to:

(a) create and maintain protected areas;

(b) regulate the taking of species and prohibit

unselective taking methods;

introduction of exotic species;

(d) promote and establish gene banks and other documented

collections of animal and plant genetic resources.

Article 4

SPECIES Ñ SUSTAINABLE USE

The Contracting Parties shall pay special attention to

harvested species, and, to that effect, shall endeavour

to:

1. Develop, adopt and implement management plans for

those species, based on scientific studies and aiming at:

(a) preventing decrease in the size of any harvested

population to levels below those which ensure its stable

recruitment and the stable recruitment of those species

which are dependent upon, or related to them;

(b) maintaining the ecological relationship between

harvested, dependent and related populations of living

resources of the ecosystem considered;

referred to in sub-paragraph (a) of this paragraph;

(d) preventing changes or minimizing risk of changes in

the ecosystem considered which are not reversible over a

reasonable period of time.

2. Take the appropriate and necessary legislative and

administrative measures on harvesting activities in the

light of their national interest whereby:

(a) such activities must conform to the management plans

referred to above;

(b) the conduct of such activities is controlled by a

permit system;

means capable of causing local extinction of, or serious

disturbance to, populations of a species or related

species are prohibited;

(d) such activities are prohibited or strictly regulated

at certain periods, seasons or places of importance in

the life cycle of the species;

(e) such activities may be regulated more strictly,

temporarily or locally in order to assist restoration of

population levels or counterbalance any threat caused by

special circumstances;

(f) special measures, such as restocking, are provided

for whenever the conservation status of a species so

warrants;

(g) trade and possession of specimens or products of

specimens are regulated whenever such regulations

meaningfully contribute to the implementation of the

harvesting regulations.

Article 5

SPECIES Ñ ENDANGERED AND ENDEMIC

1. Appendix 1 to this Agreement shall list endangered

species recognized by the Contracting Parties as of prime

importance to the Region and deserving special attention.

The Appendix shall be adopted by a meeting of the

Contracting Parties.

Accordingly, Contracting Parties shall, wherever

possible:

(a) prohibit the taking of these species, except for

exceptional circumstances by special allowance from the

designated authorities of the Contracting Parties;

(b) regulate the trade in and possession of specimens and

products of those species accordingly;

ensuring that sufficient portions are included in

protected areas.

(d) take all other necessary measures to improve their

conservation status, and restore their populations to the

highest possible level.

2. Each Contracting Party shall, wherever possible, apply

the above measures to species endangered at national

level.

3. The Contracting Parties recognize their special

responsibility in respect of species that are endemic to

areas under their jurisdiction and shall undertake

accordingly to take, wherever possible, all the necessary

measures to maintain the population of such species at

the highest possible level.

Article 6

VEGETATION COVER AND FOREST RESOURCES

1. The Contracting Parties shall, in view of the role of

vegetation and forest cover in the functioning of natural

ecosystems, take all necessary measures to ensure the

conservation of the vegetation cover and in particular of

the forest cover on lands under their jurisdiction.

2. They shall, in particular, endeavour to:

(a)Ñcontrol clearance of vegetation;

Ñprevent bush and forest fires;

Ñprevent overgrazing by, inter alia, limiting grazing

activities to periods and intensities that will not

prevent regeneration of the vegetation;

(b) regulate mining and mineral exploration operations

with a view to minimizing disturbance of vegetation and

to requiring the rehabilitation of vegetation after such

operations;

a view to conserve the natural forest genetic resources;

(d) in reforestation and afforestation planning avoid as

far as possible monoculture causing ecological imbalance;

(e) designate areas whose primary function shall be the

maintenance of soil quality in the catchment considered

and the regulation of the quantity and quality of the

water delivered from it;

(f) ensure, to the maximum extent possible, the

conservation of their natural forests, particularly

mangroves, with a view, inter alia, to maintaining

maximum forest species diversity;

(g) develop their forestry management plans on the basis

of ecological principles with a view to maintaining

potential for optimum sustained yield and avoiding

depletion of the resource capital.

Article 7

SOIL

1. The Contracting Parties shall, in view of the role of

soil in the functioning of natural ecosystems, take

measures, wherever possible towards soil conservation,

improvement and rehabilitation; they shall, in

particular, endeavour to take steps to prevent soil

erosion and other forms of degradation, and promote

measures which safeguard the processes of organic

decomposition and thereby its continuing fertility.

2. To that effect, they shall, in particular, endeavour

to:

(a) establish land use policies aimed at avoiding losses

of vegetation cover, substantial soil losses, and damages

to the structure of the soil;

(b) take all necessary measures to control erosion,

especially as it may affect coastal or freshwater

ecosystems, lead to siltation of downstream areas such as

lakes or vulnerable ecosystems such as coral reefs, or

damage critical habitats, in particular that of

endangered or endemic species;

degraded soils including rehabilitation of soil affected

by mineral exploitation.

Article 8

WATER

1. The Contracting Parties shall, in view of the role of

water in the functioning of natural ecosystems, take all

appropriate measures towards the conservation of their

underground and surface water resources.

2. They shall, to that effect, in particular, endeavour

to:

(a) undertake and promote the necessary hydrological

research especially with a view to ascertaining the

characteristics of each watershed;

(b) regulate and control water utilization with a view to

achieving sufficient and continuous supply of water for,

inter alia, the maintenance of natural life supporting

systems and aquatic fauna and flora;

development projects take fully into account possible

effects of such projects on natural processes or on other

renewable natural resources and prevent or minimize such

effects.

Article 9

AIR

The Contracting Parties shall, in view of the role of

air in the functioning of natural ecosystems, endeavour

to take all appropriate measures towards air quality

management compatible with sustainable development.

Chapter III

CONSERVATION OF ECOLOGICAL PROCESSES

Article 10

ENVIRONMENTAL DEGRADATION

The Contracting Parties, with a view to maintaining the

proper functioning of ecological processes, undertake,

wherever possible, to prevent, reduce and control

degradation of the natural environment and, to this end,

shall endeavour to undertake, in addition to specific

measures referred to in the following article:

(a) to promote environmentally sound agricultural

practice by, inter alia, controlling the application of

pesticides, fertilizers and other chemical products for

agricultural use, and by ensuring that agricultural

development schemes, in particular for wetland drainage

or forest clearance, pay due regard to the need to

protect critical habitats as well as endangered and

economically important species;

(b) to promote pollution control and the development of

environmentally sound industrial processes and products;

the purposes of sub-paragraphs (a) and (b) above;

(d) as far as possible to consider the originator of the

activity which may lead to environmental degradation

responsible for its prevention, reduction and control as

well as, wherever possible, for rehabilitation and

remedial measures required;

(e) to take into consideration, when authorizing

activities likely to affect the natural environment, the

foreseeable interactions between the new activities

proposed and those already taking place in the same area,

and the result of such interactions on the air, waters

and soils of the area;

(f) to pay particular attention to the regulation of

activities which may have adverse effects on processes

which are ecologically essential or on areas which are

particularly important or sensitive from an ecological

point of view, such as the breeding and feeding grounds

of harvested species.

Article 11

POLLUTION

The Contracting Parties, recognizing the adverse effect

that polluting discharges or emissions may have on

natural processes and the functioning of natural

ecosystems as well as on each of the individual ecosystem

components, especially animal and plants species, shall

endeavour to prevent, reduce and control such discharges,

emissions or applications in particular by:

(a) submitting activities likely to cause pollution of

the air, soil, freshwater, or the marine environment, to

controls which shall take into consideration both the

cumulative effects of the pollutants concerned and the

self-purificating aptitude of the recipient natural

environment;

(b) making such controls conditional on, inter alia,

appropriate treatment of polluting emissions; and

monitoring programmes, particular attention being paid to

the effects of pollution on natural ecosystems, and co-

operation in such programmes for the Region as a whole.

Chapter IV

ENVIRONMENTAL PLANNING MEASURES

Article 12

LAND USE PLANNING

1. The Contracting Parties shall, wherever possible in

the implementation of their development planning, give

particular attention to the national allocation of land

usage. They shall endeavour to take the necessary

measures to ensure the integration of natural resource

conservation into the land use planning process and

shall, in the preparation and implementation of specific

land use plans at all levels, give as full consideration

as possible to ecological factors as to economic and

social ones. In order to achieve optimum sustainable land

use, they undertake to base their land use plans as far

as possible on the ecological capacity of the land.

2. The Contracting Parties shall, in carrying out the

provisions of paragraph 1 above, particularly consider

the importance of retaining the naturally high

productivity of areas such as coastal zones and wetlands.

3. They shall, where appropriate, co-ordinate their land

use planning with a view to conserving and managing

natural resources of significant importance for two or

several Contracting Parties.

Article 13

PROTECTED AREAS

1. The Contracting Parties shall as appropriate

establish, in areas under their jurisdiction,

terrestrial, freshwater, coastal or marine protection

areas for the purpose of safeguarding:

Ñthe ecological and biological processes essential to

the functioning of the ecosystems of the Region;

Ñrepresentative samples of all types of ecosystem of

the Region;

Ñsatisfactory population levels for the largest

possible number of species of fauna and flora

belonging to those ecosystems;

Ñareas of particular importance because of their

scientific, educational, aesthetic, or cultural

interest;

and taking into account their importance in particular

as:

Ñthe natural habitat of species of fauna and flora,

particularly rare or endangered or endemic species;

Ñzones necessary for the maintenance of exploitable

stocks of economically important species;

Ñpools of genetic material and safe refuges for

species, especially endangered ones;

Ñsites of ecological, aesthetic or cultural interest;

Ñreference sources for scientific research;

Ñareas for environmental education.

They shall, in particular, take all measures possible in

their power to preserve those areas which are of an

exceptional character and are peculiar to their country

or the Region as well as those which constitute the

critical habitats of endangered or rare species, of

species that are endemic to a small area and of species

that migrate between countries of Contracting Parties.

2. Protected areas established pursuant to this Agreement

shall be regulated and managed in such a way as to

further the objectives for the purpose of which they have

been created. Contracting Parties shall, wherever

possible, prohibit within such protected areas activities

which are inconsistent with such objectives.

3. Protected areas shall include:

(a) National Parks:

(i) This expression denotes natural areas that are

sufficiently large to allow for ecological self-

regulation of one or several ecosystems, and which have

not been substantially altered by human occupation or

exploitation.

(ii) National Parks shall be placed under public

control, their boundaries shall not be altered nor shall

any portion of any National Park be alienated except by

the highest competent authority.

(iii) National Parks shall be dedicated to conservation

and to scientific, educational and recreational uses and

the common welfare of the people.

(b) Reserves:

(i) This expression denotes areas set aside for the

purpose of preserving a specific ecosystem, the critical

habitat of certain species of fauna or flora, a water

catchment area or for any other specific purpose relating

to the conservation of natural resources or objects or

areas of scientific, aesthetic cultural, educational or

recreational interest.

(ii) After reserves have been established their

boundaries shall not be altered nor shall any portion of

such reserves be alienated except by the authority

establishing them or by higher authority.

(iii) Reserves shall be dedicated to the purposes for

which they have been created and, in the light of the

national interests of the Contracting Parties, any

activity inconsistent with such purposes shall be

prohibited.

4. Contracting Parties shall, in respect of any protected

area established pursuant to this Agreement:

(a) prepare a management plan and manage the area on the

basis of this plan;

(b) establish, wherever appropriate, terrestrial or

aquatic buffer zones that shall be located around

protected areas and which, in the case of marine areas,

may include coastal land areas or watersheds of rivers

flowing into the protected area; in such buffer zones all

activities that may have harmful consequences on the

ecosystems that such areas purport to protect shall be

prohibited or regulated and activities which are

consistent with the purpose of the protected area shall

be promoted.

5. Contracting Parties shall, in respect of any protected

area established pursuant to this Agreement, endeavour

to:

(a) prohibit the introduction of exotic animal or plant

species;

(b) prohibit the use or release of toxic substances or

pollutants which could cause disturbance or damage to

protected ecosystems or to the species they contain:

any activity exercised outside protected areas when such

an activity is likely to cause disturbance or damage to

the ecosystems or species that such protected areas

purport to protect.

6. Contracting Parties shall co-operate in the

development of principles, objectives, criteria and

guidelines for the selection, establishment and

management of protected areas in the Region with a view

to establishing a co-ordinated network of protected areas

throughout the Region, giving particular attention to

those of regional importance. An Appendix containing such

principles, objectives, criteria and guidelines shall be

drawn up in the light of the best scientific evidence as

adapted to the conservation requirements of the Region

and shall be adopted by a meeting of Contracting Parties.

7. In addition to the establishment of the protected

areas referred to in paragraph 3 of this Article,

Contracting Parties shall promote, through the adoption

of appropriate measures, the conservation of natural

areas by private owners, community or local authorities.

Article 14

IMPACT ASSESSMENT

1. The Contracting Parties undertake that proposals for

any activity which may significantly affect the natural

environment shall as far as possible be subjected to an

assessment of their consequences before they are adopted,

and they shall take into consideration the results of

this assessment in their decision-making process.

2. In those cases where any such activities are

undertaken, the Contracting Parties shall plan and carry

them out so as to overcome or minimize any assessed

adverse effects and shall monitor such effects with a

view to taking remedial action as appropriate.

Chapter V

NATIONAL SUPPORTING MEASURES

Article 15

SCIENTIFIC RESEARCH

The Contracting Parties shall individually or in

cooperation with other Contracting Parties or appropriate

international organizations, promote and, whenever

possible, support scientific and technical programmes of

relevance to the conservation and management of natural

resources, including monitoring research, the exchange of

technical information and the evaluation of results.

Article 16

EDUCATION, INFORMATION AND PARTICIPATION OF THE PUBLIC,

TRAINING

1. The Contracting Parties shall endeavour to promote

adequate coverage of conservation and management of

natural resources in education programmes at all levels.

2. They shall circulate as widely as possible information

on the significance of conservation measures and their

relationship with sustainable development objectives, and

shall, as far as possible, organize participation of the

public in the planning and implementation of conservation

measures.

3. Contracting Parties shall endeavour to, individually

or in co-operation with other Contracting Parties or

appropriate international organizations, develop the

programmes and facilities necessary to train adequate and

sufficient scientific and technical personnel to fulfil

the aims of this Agreement.

Article 17

ADMINISTRATIVE MACHINERY

1. The Contracting Parties shall identify or maintain the

administrative machinery necessary to implement the

provisions of this Agreement, and, where several

governmental institutions are involved, create the

necessary co-ordinating mechanism for the authorities

dealing with designated aspects of the environment.

2. They shall endeavour to allocate sufficient funds to

the task necessary for the implementation of this

Agreement, as well as sufficient qualified personnel with

adequate enforcement powers.

Chapter VI

INTERNATIONAL CO-OPERATION

Article 18

CO-OPERATIVE ACTIVITIES

1. The Contracting Parties shall co-operate together and

with the competent international organizations, with a

view to co-ordinating their activities in the field of

conservation of nature and management of natural

resources and assisting each other in fulfilling their

obligations under this Agreement.

2. To that effect, they shall endeavour:

(a) to collaborate in monitoring activities;

(b) to the greatest extent possible, co-ordinate their

research activities;

techniques and procedures with a view to obtaining

comparable data;

(d) to exchange appropriate scientific and technical

data, information and experience, on a regular basis;

(e) whenever appropriate, to consult and assist each

other with regard to measures for the implementation of

this Agreement.

3. In applying the principles of co-operation and

co-ordination set forth above, the Contracting

Parties shall foward to the Secretariat:

(a) information of assistance in the monitoring of

the biological status of the natural living resources of

the Region;

(b) information, including reports and publications

of a scientific, administrative or legal nature, and in

particular information on:

Ñmeasures taken by the Parties in pursuance of the

provisions of this Agreement

Ñthe status of species included in Appendix 1:

Ñany other matter to which the Conference of the

Parties may give special priority.

Article 19

SHARED RESOURCES

1. Contracting Parties that share natural resources

shall co-operate concerning their conservation and

harmonious utilization, taking into account the

sovereignty, rights and interests of the Contracting

Parties concerned in accordance with generally

accepted principles of international law.

2. To that end, they shall, in particular:

(a) co-operate with a view to controlling, preventing,

reducing or eliminating adverse environmental effects

which may result in one Contracting Party from the

utilization of such resources in another Party;

(b) endeavour to conclude bilateral or multilateral

agreements in order to secure specific regulation of

their conduct in respect of the resources concerned;

assessments prior to engaging in activities with

respect of shared natural resources which may create

a risk of significantly affecting the environment of

another sharing Contracting Party or other sharing

Contracting Parties;

(d) notify in advance the other sharing Contracting

Party or the other sharing Contracting Parties of

pertinent details of plans to initiate, or make a change

in, the conservation of utilization of the resource which

can reasonably be expected to affect significantly the

environment in the territory of the other Contracting

Party or Contracting Parties;

(e) upon request of the other sharing Contracting Party

or sharing Contracting Parties, enter into consultation

concerning the above-mentioned plans;

(f) inform the other sharing Contracting Party or other

sharing Contracting Parties of emergency situations or

sudden grave natural events which may have repercussions

on their environment;

(g) whenever appropriate, engage in joint scientific

studies and assessments with a view to facilitating co-

operation with regard to environmental problems related

to a shared resource, on the basis of agreed data.

3. Contracting Parties shall especially co-operate

together and, where appropriate, shall endeavour to co-

operate with other Contracting Parties, with a view to:

(a) the conservation and management of:

Ñ border or contiguous protected areas;

Ñ shared habitats of species listed in Appendix 1;

Ñ shared habitats of any other species of common

concern;

(b) the conservation, management and, where applicable,

regulation of the harvesting of species which constitute

shared resources:

Ñ by virtue of their migratory character, or

Ñ because they inhabit shared habitats.

Article 20

TRANSFRONTIER ENVIRONMENTAL EFFECTS

1. Contracting Parties have in accordance with generally

accepted principles of international law the

responsibility of ensuring that activities under their

jurisdiction or control do not cause damage to the

environment or the natural resources under the

jurisdiction of other Contracting Parties or of areas

beyond the limits of national jurisdiction.

2. In order to fulfil this responsibility, Contracting

Parties shall avoid to the maximum extent possible and

reduce to the minimum extent possible adverse

environmental effects of activities under their

jurisdiction or control, including effects on natural

resources, beyond the limits of their national

jurisdiction.

3. To that effect, they shall endeavour:

(a) to make environmental impact assessment before

engaging in any activity that may create a risk of

significantly affecting the environment or the natural

resources of another Contracting Party or the environment

or natural resources beyond national jurisdiction;

(b) to notify in advance the other Contracting Party or

Contracting Parties concerned of pertinent details of

plans to initiate, or make a change in, activities which

can reasonably be expected to have significant effects

beyond the limits of national jurisdiction;

mentioned plans upon request of the Contracting Party or

Contracting Parties in question;

(d) to inform the Contracting Party or Contracting

Parties in question of emergency situations or sudden

grave natural events which may have repercussion beyond

national jurisdiction.

4. Contracting Parties shall, in particular, endeavour to

refrain from actions which might directly or indirectly

adversely affect wildlife habitats situated beyond the

limits of national jurisdiction, especially habitats of

species listed in Appendix 1 or habitats included in

protected areas.

Chapter VII

INTERNATIONAL SUPPORTING MEASURES

Article 21

MEETING OF THE CONTRACTING PARTIES

1. Ordinary meetings of the Contracting Parties shall be

held at least once in three years, in as far as possible

in conjunction with appropriate meetings of ASEAN, and

extraordinary meetings shall be held at any other time,

upon the request of one Contracting Party provided that

such request is supported by at least one other Party.

2. It shall be the function of the meetings of the

Contracting Parties, in particular:

(a) to keep under review the implementation of this

Agreement and the need for other measures, in particular

the Appendices;

(b) to adopt, review and amend as required any Appendix

to this Agreement;

Parties in accordance with Article 28 or any other

information which may be submitted by a Party, directly

or through the Secretariat;

(d) to make recommendations regarding the adoption of any

Protocol or any amendment to this Agreement;

(e) to establish working groups or any other subsidiary

body as required to consider any matter related to this

Agreement;

(f) to consider and undertake any additional action,

including the adoption of financial rules, that may be

required for the achievement of the purposes of this

Agreement.

Article 22

SECRETARIAT

On the coming into force of this Agreement the

Contracting Parties shall designate the Secretariat

responsible for carrying out the following functions:

(a) to convene and prepare the meetings of Contracting

Parties;

(b) to convene diplomatic conferences for the purpose of

adopting Protocols;

reports and other information received in accordance with

this Agreement;

(d) to consider inquiries by, and information from, the

Contracting Parties, and to consult with them on

questions relating to this Agreement;

(e) to perform such other functions as may be assigned to

it by the Contracting Parties;

(f) to ensure the necessary co-ordination with other

competent international bodies and in particular to enter

into such administrative arrangements as may be required

for the effective discharge of the secretariat functions.

Article 23

NATIONAL FOCAL POINTS

In order to facilitate communications with other Parties

and the Secretariat, the Contracting Parties shall

designate an appropriate national agency or institution

responsible for co-ordinating matters arising from

consultations and channelling communications between

Contracting Parties or with the Secretariat.

Chapter VIII

Article 24

ADOPTION OF PROTOCOLS

1. The Contracting Parties shall co-operate in the

formulation and adoption of Protocols to this Agreement,

prescribing agreed measures, procedures and standards for

the implementation of this Agreement.

2. The Contracting Parties, at a diplomatic conference,

may adopt Protocols to this Agreement.

3. The Protocols of this Agreement shall be subject to

acceptance and shall enter into force on the thirtieth

day after the deposit with the Depositary of the

instruments of Acceptance of all the Contracting Parties.

Article 25

AMENDMENT OF THE AGREEMENT

1. Any Contracting Party to this Agreement may propose

amendments to the Agreement. Amendments shall be adopted

by a diplomatic conference which shall be convened at the

request of the majority of the Contracting Parties.

2. Amendments to this Agreement shall be adopted by a

consensus of the Contracting Parties.

3. Acceptance of amendments shall be notified to the

Depositary in writing and shall enter into force on the

thirtieth day following the receipt by the Depositary of

notification of the acceptance by all the Contracting

Parties.

4. After the entry into force of an amendment to this

Agreement any new Contracting Party to this Agreement

shall become a Contracting Party to this Agreement as

amended.

Article 26

APPENDICES AND AMENDMENTS TO APPENDICES

1. Appendices to this Agreement shall form an integral

part of the Agreement.

2. Amendments to an Appendix:

(a) Any Contracting Party may propose amendments to an

Appendix at a meeting of the Contracting Parties.

(b) Such amendments shall be adopted by a consensus of

the Contracting Parties.

amendment so adopted to all Contracting Parties.

3. The adoption and entry into force of a new Appendix to

this Agreement shall be subject to the same procedure as

for the adoption and entry into force of an amendment to

an Appendix as provided for in paragraph 2 of this

Article, provided that the new Appendix shall not enter

into force until such time as the amendment to the

Agreement enters into force.

Article 27

RULES OF PROCEDURE

The Contracting Parties shall adopt rules of procedure

for their meetings.

Article 28

REPORTS

The Contracting Parties shall transmit to the

Secretariat reports on the measures adopted in

implementation of this Agreement in such form and at such

intervals as the meetings of Contracting Parties may

determine.

Article 29

RELATIONSHIPS WITH OTHER AGREEMENTS

The provisions of this Agreement shall in no way affect

the rights and obligations of any Contracting Party with

regard to any existing treaty, convention or agreement.

Article 30

SETTLEMENT AND DISPUTES

Any dispute between the Contracting Parties arising out

of the interpretation or implementation of this Agreement

shall be settled amicably by consultation or negotiation.

Article 31

RATIFICATION

This Agreement shall be subject to ratification by the

Contracting Parties. The instruments of Ratification

shall be deposited with the Secretary-General of the

ASEAN Secretariat, who shall assume the functions of

Depositary.

Article 32

ACCESSION

1. After the entry into force of the Agreement, any

Member State may accede to this Agreement, subject to

prior approval by the Contracting Parties to this

Agreement.

2. Instruments of accession shall be deposited with the

Depositary.

Article 33

ENTRY INTO FORCE

1. This Agreement shall enter into force on the thirtieth

day after the deposit of the sixth instrument of

Ratification.

2. Thereafter, this Agreement shall enter into force with

respect to any Contracting Party on the thirtieth day

following the date of deposit of the instrument of

accession by that Contracting Party.

Article 34

RESPONSIBILITY OF THE DEPOSITARY

The Depositary shall inform the Governments which have

signed this Agreement:

(a) of the deposit of instruments of ratification,

acceptance or accession;

(b) of the date on which the Agreement will come into

force.

Article 35

DEPOSIT AND REGISTRATION

1. The present Agreement shall be deposited with the

Depositary who shall transmit certified true copies

thereof to the Governments of all Contracting Parties

which have signed the present Agreement or acceded to it.

2. As soon as the present Agreement enters into force,

the text shall be transmitted by the Depositary to the

Secretary-General of the United Nations for registration

and publication, in accordance with Article 102 of the

Charter of the United Nations.

List of Species for Appendix 1 A

NO. SCIENTIFIC NAME COMMON NAME

1. Babyrousa babyrussa Babirusa

2. Balaenoptera musculus Blue whale

3 Balaenoptera physalis Fin whale

4. Batagur baska River terrapin

5. Bos gaurus Gaur

6. Bos sauveli Kouprey

7. Bubalus mindorensis Tamaraw

8. Cairina scutulata White-winged wood duck

9. Capricornis sumatraensis Serow

10. Cervus eldi Eld's deer

11. Dermochelys coriacea Leatherback turtle

12. Dicerorhinus sumatrensis Sumatran rhinoceros

13. Ducula mindorensis Mindoro imperial

pigeon

14. Felis temmincki Golden cat

15. Helarctos malayanus Malayan honey bear

16. Hylobates agilis Agile gibbon

17. Hylobates lar White-handed gibbon

18. Hylobates syndactylus Siamang

19. Nasalis larvatus Proboscis monkey

20. Neofelis nebulosa Clouded leopard

21. Panthera pardus Leopard

22. Panthera tigris Sumatran & Indochinese

. tiger

23. Pithecopnaga jefferyi Philippine eagle

24. Pitta kochi Koch's pitta

25. Polyplectron emphanum Palawan peacock

. pheasant

26. Pongo pygmaeus Orang-utan

27. Presbytis potenziani Mentawai langur

28. Rhinoceros sondaicus Javan rhinoceros

29. Rhinoplax vigil Helmeted hornbill

30. Simias concolor Snub-nosed monkey

31. Sotalia sinensis Chinese white dolphin

32. Sousa borneensis Indonesian white

. dolphin

33. Sula abbotti Abbott's booby

34. Tapirus indicus Tapir

35. Varanus komodoensis Komodo dragon

FLORA

Raflessia spp. Raflessia

List of Species for Appendix 1 B

NO. SCIENTIFIC NAME COMMON NAME

FAUNA

1. Accipiter gularis Japanese lesser

sparrow . hawk

2. Accipiter nisus European sparrow hawk

3. Chilasa agestor agestor

4. Felis chaus Jungle cat

5. Felis minuta Leopard cat

6. Felis viverrina Fishing cat

7. Geomyda spinosa

8. Hylobates muelleri Grey gibbon

9. Hylobates lepidus Grey-cheeked flying

. squirrel

10. Ichtyophaga ichtyaetus Grey-headed fishing

. eagle

11. Macaca fascicularis Long-tailed or

. crabeating macaque

12. Macaca nemestrina Pig-tailed macaque

13. Macaca philippinesis

14. Microhierax caerulescers Common falconet

15. Mimizuki gurneyi Giant scops owl

16. Otus brookei Rajah's scops owl

17. Otus spilocephalus Mountain scops owl

18. Presbytis cristata Silvered leaf-monkey

19. Presbytis melalophos Banded leaf-monkey

20. Presbytis obscura Dusky leaf-monkey

21. Prionodon pardicolor Spotted linsang

22. Pseudochelidon sirintarae White-eyed river

martin

23. Ptrogonoptera brookiana Raja brooke's birdwing

24. Rafuta affinis Common giant squirrel

25. Ratufa bicolor Black giant squirrel

26. Sarkidiornis melanotos Comb duck

27. Selenarctos thibetanus Asiatic black bear

28. Spizaetus philippinensis Philippine hawk eagle

29. Testudo elongata Elongated tortoise

30. Testudo emys Giant asiatic tortoise

31. Testudo impressa Impressed tortoise

32. Troides aeacus Birdwing butterfly

33. Troides cuneifer Birdwing butterfly

34. Troides helena Common birdwing

35. Tyto alba Common barn owl

36. Varanus dumerili Dumeril's monitor

37. Varanus rudicollis Harlequin monitor

38. Zeuxidia aurelius Satyrid butterfly