Wikipedia

Draft:Bern Convention

Bern Convention or Berne Convention
Convention on the Conservation of European Wildlife and Natural Habitats
Signed19 September 1979
LocationBern
Effective1 June 1982
Condition5 ratifications
Parties50 states + EU
DepositaryCouncil of Europe
LanguageEnglish, French, Italian, Russian and German
www.coe.int/en/web/bern-convention

The Bern Convention on the Conservation of European Wildlife and Natural Habitats, also known as the Bern Convention (or Berne Convention), is a binding international legal instrument in the field of Nature Conservation, it covers the natural heritage in Europe, as well as in some African countries. The Convention was open for signature on 19 September 1979 and came into force on 1 June 1982. It is particularly concerned about protecting natural habitats and endangered species, including migratory species.

Aims and objectives

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The convention has three main aims, which are stated in Article 1:[1]

  • to conserve wild flora and fauna and their natural habitats
  • to promote cooperation between states
  • to give particular attention to endangered and vulnerable species including endangered and vulnerable migratory species

Structure

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Treaty text of the Berne Convention

The convention is divided into:

Preamble
Because this convention has a special nature, which is to include the maximum number of signatures possible, it included the eventual signing by non-members of the Council of Europe: "the member States of the Council of Europe and the other signatories hereto, Considering that the aim of the Council of Europe is to achieve a greater unity between its members,..."[2]
Chapter I – General provisions
This chapter contains three articles, where it is stated the three aims of the Convention and general obligations of the Contracting Parties.
Chapter II – Protection of habitats
Here are set out the obligations of the Contracting Parties concerning the conservation of the habitats.
Chapter III – Protection of species
This chapter contains the obligations of the Contracting Parties regarding the Appendices I, II, III and IV and the exceptions of these obligations.
Chapter IV – Special provisions for migratory species
This chapter contains the obligations of the Contracting Parties regarding migratory species.
Chapter V – Supplementary provisions
This chapter contains supplementary obligations of the Contracting Parties, concerning co-operation, research, reintroduction and introduction of species.
Chapter VI – Standing Committee
This chapter settles the functioning procedure of the Standing Committee and their tasks.
Chapter VII – Amendments
This chapter contains the procedure of amendments regarding articles and Appendices of the Convention.
Chapter VIII – Settlement of disputes
This chapter contains the procedure of the arbitration of any disputes that could arise between Contracting Parties.
Chapter IX – Final provisions
This chapter contains the final arrangements of the Convention.
Appendices
Four appendices set out particular species for protection. Each Contracting Party must take necessary and appropriate legislative and administrative measures to ensure the special protection of these wild flora and fauna species listed. [3]
  • Appendix I – Strictly protected flora species: Deliberate picking, collecting, cutting or uprooting as well as the possession and sale of these species should be prohibited. [4] An example is the Floating Fern[5]
  • Appendix II – Strictly protected fauna species: Prohibited are deliberate capture, keeping and killing, damage or destruction of breeding or resting sites, disturbance during significant life stages, taking or destruction of eggs and the possession of and internal trade with living or dead animals.[6] Vertebrates like the Eurasian otter as well as invertebrates like the Lorkovic’s brassy ringlet are listed. [7]
  • Appendix III – Protected fauna species: Wild fauna species listed in this appendix must be protected, but the level of protection is less strict than for species listed in Appendix II. Exploitation of these wild fauna species should be regulated, to keep populations out of danger.[8] But it must comply with ecological, scientific and cultural requirements.[9] Such an example is the grey wolf. It was moved from Appendix II to Appendix III in 2025 to expand the possibilities of its population regulation which would not be possible while listed on Appendix II.[10]
  • Appendix IV – Prohibited means and methods of killing, capture and other exploitation of species listed in Appendix III and, in the case of a derogation, Appendix II:[11] A list is given for mammals, birds, freshwater fish and crayfish.[12] As the original appendices from 1979 did not constitute a definitive list of species but reflected what could be agreed upon at the time the Convention entered into force, the Contracting Parties have the possibility to propose an amendment to include new species in Appendices I-III.[13]

Appendices

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Procedure

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To include a new species in Appendices I-III, an amendment must be proposed.[14] A proposal with an informative data sheet[15] must be submitted by a Contracting Party and communicated to the Secretary General of the Council of Europe, who must forward the proposal at least two months before the Standing Committee meeting to all involved parties.[16] The Standing Committee is the key treaty body[17] responsible for evaluating  amendments of appendices.[18] The adoption requires a two-third majority of Contracting Parties and will enter into force after three months.[19]

Criteria for amendment proposal

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An amendment proposal must not follow specific criteria. Rather, guidance is provided focusing on two factors. The first, threat, with its category, habitat vulnerability, link to threatened habitats, populations level and vulnerability to exploitation.[20] The second, ecological role, with its position in the food chain, structural function and dependencies.[21]

Listing of species

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Generally, the listing proposal should be made at the species level, unless strong conservation reasons justify otherwise.[22] Species with dubious or uncertain taxonomy should not be included.[23] Non-native species from outside Europe should also be excluded.[24]

Ratifying states

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50 states have ratified the Bern Convention (status: 17 May 2026), five of which are not members of the Council of Europe: Belarus, Burkina Faso, Morocco, Senegal, and Tunisia. An updated list of contracting states is available online.

Duties of contracting parties

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All countries that have signed the convention must promote national conservation policies, measures against pollution, educational and informative measures, co-ordinate efforts to protect migratory species and establish legislative and administrative measures.[2]

National implementation and regulatory flexibility

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Different national regulations may apply to species listed in the appendices to the Bern Convention, as the Convention sets out minimum obligations whilst also allowing for a degree of flexibility in implementation[2]. The Bern Convention permits derogations under certain conditions and grants Contracting Parties a degree of discretion regarding protection measures[25]. Such derogations may be made to protect flora and fauna, prevent serious damage to crops, livestock, forests, fish stocks, water bodies and other property, safeguard public health and safety, ensure aviation safety, or serve other overriding public interests[25]. They may also be granted for research and educational purposes, for reintroduction, re-establishment and necessary breeding, or, under strictly supervised and selective conditions, to permit the limited taking, keeping or other sensible use of certain wild animals and plants in small numbers.[25]

Monitoring the implementation of the convention

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The Bern Convention relies on a set of international monitoring and compliance mechanisms[26] based on transparency, peer pressure, and political oversight rather than strict legal enforcement[27]. There are no formal sanctions nor binding judgments[28]. These mechanisms align with European environmental compliance practices[29].

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

Rules of procedure of the Standing Committee

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The Standing Committee follows specific rules of procedure[30] and plays a central role in supervising compliance[31]. It fix meetings in consultation with the Secretariat of the Convention[32]; it ensures decisions are taken collectively by member states[33]; it recommends on-the-spot appraisals when necessary[34]; and it reviews national reports and case files[35].

Reporting system

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The reporting system is based on compulsory biannual reports, voluntary general reports (every four years), legal reports (one country per year), national reports and follow-up of recommendations.

A central compliance tool is regular reporting by member states. Countries must submit biennial reports explaining how they implement the Convention and justify any exceptions (derogations) to species protection[36]. A standardized reporting system ensures comparable ecological data across countries. These reports allow for continuous monitoring of national measures and create transparency among parties[37].

Groups of experts

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The chosen experts are in charge of monitoring the implementation of the Standing Committee recommendation regarding species and habitats, as well as doing their own recommendations about specific conservation problems.[38]

Case-file system

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The case-file system is a mechanism designed for handling complaints about alleged breaches of the Convention[39]. Complaints can be submitted by individuals, organizations, or states. The Bureau evaluates the complaint and classifies it based on its seriousness and urgency, with the Standing Committee handling the most critical cases. Both parties must provide regular reports under set deadlines, and lack of response can lead to escalation or dismissal. The system may produce recommendations for action, and cases remain under review until sufficient progress is made ensuring continuous oversight[40], on-the-spot visits by independent experts can be arranged.[41]

Cases

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Azerbaijan sues Armenia for wartime environmental damage in Karabakh and adjacent areas.[42][43]

Protection of Habitats – Emerald Network

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As part of the Bern Convention the Emerald Network, a Europe-wide network of protected habitats, was created.[44] Every contracting country must contribute sites to this network.[44] All these sites have a special value for conservation and endangered species.[44] To become an Emerald Network site, countries must submit their sites and then go through a biogeographical assessment to determine wheter they meet the requirements.[44] When new sites are adopted, they need sufficient protection according to the respective law at a national level.[44]

The Bern Convention states that contracting parties have to take "appropriate and necessary" measures to legally protect "endangered natural habitats".[45] The contracting parties are required to take into account migratory species and their needs in terms of habitats during migration. [46] Recommendations further define how the contracting countries should implement the protection in their national law.[47][48]

States of the European Union automatically contribute their sites from the Natura 2000 network. [44]

See also

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References

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  1. ↑ Council of Europe, 1979. Convention on the Conservation of European Wildlife and Natural Heritage. Bern, Switzerland. Available at: http://conventions.coe.int/Treaty/EN/Treaties/Html/104.htm Archived 26 September 2015 at the Wayback Machine
  2. 1 2 3 Council of Europe, 1979. Convention on the Conservation of European Wildlife and Natural Heritage. Bern, Switzerland. Available at: http://conventions.coe.int/Treaty/EN/Treaties/Html/104.htm Archived 26 September 2015 at the Wayback Machine
  3. ↑ "Wayback Machine". rm.coe.int. Archived from the original on 1 May 2026. Retrieved 7 May 2026. {{cite web}}: Cite uses generic title (help)
  4. ↑ Art. 5 Bern Convention
  5. ↑ Convention on the Conservation of European Wildlife and Natural Habitats. Appendix I - Strictly protected flora species (1979). https://rm.coe.int/168097eb56,  p.2
  6. ↑ Art. 6 Bern Convention
  7. ↑ Convention on the Conservation of European Wildlife and Natural Habitats. Appendix II - Strictly protected fauna species (1979). https://rm.coe.int/168078e2ff,  p.3+20
  8. ↑ Art. 7, para. 2 Bern Convention
  9. ↑ Art. 2 Bern Convention
  10. ↑ Council of Europe. (2025, March 7). Modification of wolf protection under the Bern Convention enters into force. https://www.coe.int/en/web/portal/-/modification-of-wolf-protection-under-the-bern-convention-enters-into-force
  11. ↑ Art. 8 Bern Convention
  12. ↑ Art. 8 Bern Convention; Convention on the Conservation of European Wildlife and Natural Habitats. Appendix IV - Prohibited means and methods of killing, capture and other forms of exploitation. (1979). https://rm.coe.int/168097eb58
  13. ↑ Explanatory Report to the Convention on the Conservation of European Wildlife and Natural Habitats, Bern on 19 September 1979. https://rm.coe.int/16800ca431, p.10
  14. ↑ Art. 17, para. 1 Bern Convention
  15. ↑ Recommendation No. 56 (1997) concerning guidelines to be taken into account while making proposals for amendment of Appendices I and II of the Convention and while adopting amendments. https://rm.coe.int/48800f393b, p.2
  16. ↑ Art. 17, para. 1 Bern Convention
  17. ↑ Bowman, M., Davies, P., & Redgwell, C. (2010). Lyster’s International Wildlife law (2nd edition). Cambridge University Press. https://doi.org/10.1017/CBO9780511975301, p.328
  18. ↑ Art. 14, para. 1 Bern Convention
  19. ↑ Art. 17, para. 2 Bern Convention
  20. ↑ Recommendation No. 56 (1997), p.2
  21. ↑ Recommendation No. 56 (1997), p.2
  22. ↑ Recommendation No. 56 (1997), p.2
  23. ↑ Recommendation No. 56 (1997), p.2
  24. ↑ Recommendation No. 56 (1997), p.2
  25. 1 2 3 Art. 9 Bern Convention
  26. ↑ "Monitoring set up under the Bern Convention". Convention on the Conservation of European Wildlife and Natural Habitats. Archived from the original on 1 September 2022. Retrieved 28 May 2026.
  27. ↑ Bowman et. al. (2010) p.116
  28. ↑ "Council of Europe: Treaties and Monitoring-Mechanisms". 4 February 2014. Retrieved 28 May 2026.
  29. ↑ "Environmental compliance assurance - Environment - European Commission". environment.ec.europa.eu. 10 December 2025. Retrieved 28 May 2026.
  30. ↑ "Wayback Machine". rm.coe.int. Archived from the original on 29 February 2024. Retrieved 28 May 2026. {{cite web}}: Cite uses generic title (help)
  31. ↑ Art. 14, para. 1 and  Art. 15 Bern Convention
  32. ↑ "Rules of Procedure of the Standing Comitee, T-PVS(2022)29, Rule 1 - Meetings: p. 2".
  33. ↑ "Rules of Procedure of the Standing Comitee, T-PVS(2022)29, Rule 8 - Voting: p. 3".
  34. ↑ "Rules of Procedure of the Standing Comitee, T-PVS(2022)29, Rule 11- On the Spot Appraisals p. 4".
  35. ↑ "Rules of Procedure of the Standing Comitee, T-PVS(2022)29, Rule 19 - Bureau: p. 5".
  36. ↑ Bern Convention (1979), Art. 9, para. 2
  37. ↑ "Register of Bern Convention complaints". 2027 of May of 2025. {{cite web}}: Check date values in: |date= (help)
  38. ↑ Council of Europe. Nature Convention on the conservation of European wildlife and natural habitats. Available at: http://www.coe.int/t/dg4/cultureheritage/nature/bern/default_en.asp
  39. ↑ "Case-file system: Summary of general procedures for the processing of complaints - a resource for the Bern Convention stakeholders, p.2". 2022.
  40. ↑ "CASE-FILE SYSTEM: Summary of general procedures for the processing of complaints - a resource for the Bern Convention stakeholders". 2nd of December of 2022. {{cite web}}: Check date values in: |date= (help)
  41. ↑ Council of Europe. Nature Convention on the conservation of European wildlife and natural habitats. Available at:http://www.coe.int/t/dg4/cultureheritage/nature/bern/default_en.asp
  42. ↑ Azerbaijan sues Armenia for wartime environmental damage. 26 January 2023. Azerbaijan Ministry of Foreign Affairs https://london.mfa.gov.az/en/news/azerbaijan-sues-armenia-for-wartime-environmental-damage
  43. ↑ Azerbaijan sues Armenia for wartime environmental damage. 26 January 2023. The Guardian https://www.theguardian.com/environment/2023/jan/26/azerbaijan-sues-armenia-for-wartime-environmental-damage-bern-convention-biodiversity-aoe
  44. 1 2 3 4 5 6 "Emerald Network of Areas of Special Conservation Interest".
  45. ↑ Art. 4, para. 1 Bern Convention
  46. ↑ Art. 4, para. 3 Bern Convention
  47. ↑ "CoE Search - Democracy". search.coe.int. Retrieved 7 May 2026.
  48. ↑ "Recommendation No. 225 (2024) of the Standing Committee, adopted on 6 December 2024, on the further clarification of the obligations of Contracting Parties regarding the conservation of Emerald Network sites".
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