Blank page introduction Summary Conclusions and Recommendations 9

6.4 The Bern Convention (initiated by the Council of Europe)

The Council of Europe, founded in Brussels and signed in London in 1949, is an independent, intergovernmental organisation with several humanitarian, democratic, and cultural aims. Its mission statement also includes environmental protection. The Council of Europe, which has 43 member states, should not be confused with the European Union. The 15 European Union states, however, are all members of the Council of Europe (CoE 2001a).

The Council of Europe has a purely consultative function. Its work leads to European conventions and agreements in the light of which member states may subsequently harmonise and amend their own legislation to comply with them. Some conventions and agreements are also open for adoption by non-member states. The results of studies and activities are available to governments in order to foster co-operation and social progress in Europe (CoE 2001a).

The conventions and agreements are organised in the European Treaty Series (ETS). One convention, listed as ETS no. 104, particularly addresses amongst others the issue of lead poisoning: the Convention on the Conservation of European Wildlife and Natural Habitats. This convention is also known as the Bern Convention (CoE 2001b).

The Bern Convention entered into force in 1982 and is also open to European and African non-member states. It has been ratified by 35 member states, the European Economic Community, Monaco and three African states (Burkina Faso, Senegal and Tunisia) (CoE 2001a, 2001b).

The Convention aims to protect rare and endangered animal and plant species and natural habitats. It lists protected species, contains provisions for protecting natural habitats, regulates the methods used to exploit certain species, and asks states to regulate trading in animals, particularly rare species. Special attention is given to endangered and vulnerable species, including endangered and vulnerable migratory species specified in appendices. Many of these species (e.g. ducks, geese, swans, loons, waders, and raptors) are, due to their preferred habitat and feeding methods, most at risk of lead poisoning (CoE 2001b, CWS 2001).

Recommendation No. 28 concerns the use of non-toxic gunshot in wetlands. After the adoption of this recommendation by the Standing Committee of the Bern Convention in 1991, no further activities have been undertaken on the specific matter of lead poisoning. However, lead poisoning is mentioned as one of the main causes of mortality in the Marbled Teal (Marmaronetta angustirostris), for which a European Action Plan (drafted by Wetlands International) was adopted by the Bern Convention. This plan is monitored by a Bern Convention/ BirdLife International Group of Experts on Bird Conservation, which meets every two years and gives the Contracting Parties advice on the implementation of the plans. The Plan has also been approved by the European Commission’s Ornis Committee and endorsed by CMS COP5 (CoE, pers. comm., BLI, pers. comm.).

6.5 The Birds and Habitat Directives (initiated by the European Commission)

The European Commission is the executive body of the European Union and, in that capacity, responsible for designing, implementing and managing policy and legislation within the EU (EU 2001a). In order to conserve biodiversity in the EU, legislation has been adopted in the form of the Birds and Habitat Directives. The Ornis Committee, operating under the EC Environment Directorate and consisting of representatives of the 15 EU member states, takes decisions to implement the Birds Directive EC/79/409. The issue of lead poisoning in waterbirds has been discussed in this regard; the Committee has not proposed any joint EU action but has recommended that each member state takes its own measures. Consequently, the European Commission has neither proposed nor taken any action in this field (EC 2001, EC, pers. comm.).

6.6 The Asia-Pacific Migratory Waterbird Conservation Strategy

Conservation of migratory waterbirds and wetlands in the Asia Pacific region has been promoted through the Asia-Pacific Migratory Waterbird Conservation Strategy. The Strategy, an international co-operative initiative, has core financial support from the governments of Japan and Australia and is co-ordinated by Wetlands International. The Strategy is endorsed by the Convention on Wetlands and the Convention on Migratory Species. Eleven countries (Russian Federation, Mongolia, China, Korea (D.P.R.), Korea (R.), Japan, Philippines, Indonesia, Papua New Guinea, Australia, and New Zealand) are currently joining the Strategy (WIJ, pers. comm., Ramsar 2001d).

During the first phase of the Strategy (1996-2000), three networks have been developed (East Asian-Australasian Shorebird Site Network, North East Asian Crane Site Network, Anatidae Site Network in the East Asian Flyway). These networks now span 68 sites in 12 countries and are still growing. The networks are established to promote and support on-site conservation, public awareness, training, research, and related activities, to link the people at and across sites, and to use these sites as models to demonstrate sound management within the country.

During the next phase of the Strategy (2001-2005), under the three species-group Action Plans, activities are being planned to enhance the development of these networks. Environment Australia, as a member of the Asia-Pacific Migratory Waterbird Conservation Committee (MWCC), and the Ministry of Environment of Japan will support this process financially, possibly also with funds from UNEP’s GEF (Global Environment Facility).

Some of the activities in the framework of the Strategy for 2001-2005 are:

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  Review current and proposed projects relating to migratory waterbird and wetland habitat conservation efforts in the Asia-Pacific flyways.
  
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  Identify and gain the agreement and endorsement of a number of appropriate eligible developing countries from the flyway.
  
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  Establish and maintain co-operation and co-ordination with the Governments of Japan, New Zealand and Australia (as the developed countries of the flyway), the Asia-Pacific Migratory Waterbird Conservation Committee (MWCC), the Secretary-Generals/Executive Secretaries of the Ramsar, Migratory Species and Biodiversity Conventions; BirdLife International, IUCN, WWF, Wetlands International and others (WIAP, pers. comm., WIJ, pers. comm.).
  

The Strategy is has no legal basis. The lead poisoning issue is currently not being discussed within the Strategy, since protecting habitats and getting legal protection for endangered species are considered to be higher priorities at the moment. However, the Wetlands International Office in Japan has held a national workshop on this subject (WIAP, pers. comm.).