Convention on the conservation of migratory species of wild animals
Parties with reservations, declarations and objections
Party | Reservations / Declarations | Objections |
---|---|---|
Argentina | Yes | Yes |
Australia | Yes | No |
Bolivia | Yes | No |
Cuba | Yes | No |
Czech Republic | Yes | No |
Denmark | Yes | No |
EU (European Union) | Yes | No |
France | Yes | No |
Mauritius | Yes | No |
Norway | Yes | No |
South Africa | Yes | No |
Syria | Yes | No |
Uganda | Yes | No |
United Kingdom | Yes | No |
Argentina
19-10-1985
The Argentine Republic rejects the territorial application of the Convention on the
Conservation of Migratory Species of Wild Animals signed in Bonn on 23 June 1979,
which entered into force on 1 November 1983, to the Malvinas, South Georgia and South
Sandwich Islands, which was notified by the United Kingdom of Great Britain and Northern
Ireland to the Secretariat of the Convention on 23 July 1985 when it ratified this
instrument, incorrectly designating these islands as the ‘Falkland Islands and Falkland
dependencies’.
The Argentine Republic reaffirms its sovereign rights over the islands in question,
which are part of its national territory and concerning which there exists a sovereignty
dispute, as recognised by Resolutions 2065, 3160, 31/49, 37/9, 38/12 and 39/6 of the
General Assembly of the United Nations Organisation.
Objection United Kingdom, 10-12-1985
The Falkland Islands and South Georgia and the South Sandwich Islands are British Dependent Territories. The British Government has no doubts about UK Sovereignity over them. The reference in the Secretariat's document is correct.
10-10-1991
The Argentine Republic rejects the inclusion of the vicuña (Lama vicugna) in Appendix I of this Convention, on the grounds that this is not a migratory species.
Objection United Kingdom, 12-03-1992
The British Government has noted that the Argentine instrument of accession contains
the provision that the Republic of Argentina rejects the extension of the Convention
by the United Kingdom of Great-Britain and Northern Ireland to include the Falkland
Island, South Georgia and the South Sandwich Islands.
The British Government rejects the assertions concerning these two British Dependent
Territories made in the Argentine instrument. The Embassy notes that the Convention
applies to these Territories by virtue of the British Government's extension which
was effected on 23 June 1979.
Australia
26-06-1991
Australia has a federal constitutional system in which legislative, executive and judicial powers are shared or distributed between its central, State and Territory authorities. The implementation of the Convention throughout Australia will be effected by the Federal, State and Territory Goverments having regard to their respective constitutional powers and arrangements concerning their exercise.
11-01-2015
Australia on 11 January 2015 notified that it makes a reservation to the inclusion
to Appendix II of the Convention of the following species:
Alopias superciliosus (Bigeye thresher shark),
Alopias vulpinus (Common thresher shark),
Alopias pelagicus (Pelagic thresher shark),
Sphyrna lewini (Scalloped Hammerhead shark),
Sphyrna mokarran (Great Hammerhead shark).
15-01-2018
Australia made a reservation with respect to the inclusion of the following species
in Appendix II to the Convention:
Carcharhinus obscurus (Dusky shark)
Prionace glauca (Blue shark)
Rhynchobatus australiae (White-spotted wedgefish)
Pursuant to Article XI, paragraph 6 of the Convention, the inclusion of the above-named
species, adopted on 28 October 2017 on the occasion of the Conference of the Parties,
shall not enter into force for Australia.
04-05-2020
Australia made a reservation with respect to the inclusion of the following species
in Appendix II to the Convention:
Sphyrna zygaena (Smooth Hammerhead Shark)
Galeorhinus galeus (Tope Shark).
Pursuant to Article XI, paragraph 6 of the Convention, the inclusion of the above-named
species, adopted on 22 February 2020 on the occasion of the Conference of the Parties,
shall not enter into force for Australia.
Bolivia
16-12-2002
Lodges a reservation with regard to the inclusion of the Bolivian vicuña (Vicugna vicugna) in Appendix I of the Convention on the Conservation of Migratory Species of Wild Animals, because its population has increased from 1,097 in 1965 to 56,383, as recorded in the census conducted in 2001. Consequently, this species should only continue to be included in Appendix II of the Convention (CMS).
Cuba
06-11-2007
The Republic of Cuba has declared reservations to the Convention concerning
1. Chelonia Mydas (Green Turtle)
2. Caretta Caretta (Loggerhead)
3. Eretmochelys Imbricata (Hawksbill Turtle)
Czech Republic
01-01-0001
[...]
With Note Verbale of 3 May 2024 the Czech Republic has informed the Government of
the Federal Republic of Germany in its capacity as Depositary of the Convention on
the Conservation of Migratory Species of Wild Animals of 23 June 1979 that it makes
a reservation with respect to amendments to the appendices of the Convention.
Pursuant to Article XI, paragraphs 5 and 6 of the Convention, the inclusions of species
adopted on 17 February 2024 at the Conference of Parties to the Convention will not
enter into force for the Czech Republic.
[...]
Denmark
05-08-1982
The Convention does not apply to [...] Greenland.
20-12-2002
The Government of Denmark hereby gives notification in accordance with Article XI,
Section 5, of the Convention that it makes a reservation to the effect that the changes
to Appendix I and Appendix II of the Convention concerning the whale species Balaenoptera
bonaerensis - Antarctic Minke Whale (in Appendix II), Balaenoptera edeni - Bryde's
Whale (in Appendix II), Balaenoptera physalus - Fin Whale (in Appendices I and II),
Balaenoptera borealis - Sei Whale (in Appendices I and II), Capera marginata - Pygmy
Right Whale (in Appendix II) and Physeter macrocephalus (syn. Catodon) - Sperm Whale
(in Appendices I and II) do not apply to the Faroe Islands and their surrounding waters.
The changes will equally not apply to Greenland and its surrounding waters by virtue
of the territorial reservation made at the time of the deposit by the Government of
Denmark of its instrument of ratification of the Convention in 1982.
17-02-2006
Referring to Article XI, 5 in the Convention, Denmark hereby makes a territorial reservation to the listing of Basking Sharks with regards to the Faroe Islands. The authorities of the Faroe Islands are of the view that matters regarding conservation and management of fishery resources, including sharks, fall under the domain of relevant regional fishery management organisations, as for instance the North East Atlantic Fisheries Commission (NEAFC), the North Atlantic Fisheries Organisation (NAFO) and the International Commission for the Conservation of Atlantic Tunas (ICCAT). On the basis of regional fishery resources, these organisations decide on matters regarding conservation and management at the regional level. Following a proposal by Denmark (in respect of the Faroe Islands and Greenland) NEAFC at its Annual Meeting in November 2005 made a recommendation, based upon available advice from the International Council for the Exploration of the Sea (ICES) prohibiting all directed fishing of Basking Shark in the NEAFC Convention Area in 2006 and asking Contracting Parties to furnish ICES with data, including fisheries data, which could enable ICES to further evaluate the state of the stock.
23-05-2014
Reservation according to Article XI (6) of the Convention to the adoption of the orca and of the narwhale to Annex II of the Convention by the Third COP.
EU (European Union)
12-07-1983
The European Economic Community declares that its accession to the Convention does
not apply to Greenland.
01-03-2006
In accordance with Article XI of the CMS-Bonn Convention, an amendment to the Appendices shall enter into force for all Parties ninety days after the meeting of the Conference of the Parties at which it was adopted, except for those Parties, which make a reservation. The proposal for inclusion of Cetorhinus maximus in Appendix I of CMS-Bonn Convention, adopted at the last Conference of the Parties (COP8, November 2005) if accepted by the European Community, would require a change in EC law. Therefore, the European Community would like to hereby introduce a reservation on the inclusion of Cetorhinus maximus in Appendix I of the Convention on the Conservation of Migratory Species of Wild Animals.
01-12-2009
According to Article 1 (3) of the Treaty on the European Union as amended by the Lisbon Treaty on 1 December 2009 the European Union shall replace and succeed the European Community.
28-01-2020
1. On 29 March 2017, the Government of the United Kingdom of Great Britain and
Northern Ireland (the "United Kingdom") notified the European Council of the United
Kingdom's intention to withdraw from the European Union ("Union") and the European
Atomic Energy Community ("Euratom") in accordance with Article 50 of the Treaty on
European Union. On 22 March 2019, the European Council decided in agreement with the
United Kingdom to extend the period provided for in Article 50(3) of the Treaty on
European Union until 12 April 2019. On 10 April 2019, the European Council decided
in agreement with the United Kingdom to extend the period provided for in Article
50(3) of the Treaty on European Union until 31 October 2019. On 29 October 2019, the
European Council decided in agreement with the United Kingdom to extend the period
provided for in Article 50(3) of the Treaty on European Union until 31 January 2020.
The United Kingdom will therefore cease to be a Member State of the European Union
and of Euratom on 1 February 2020.
2. On 24 January 2020, the Union and Euratom, and the United Kingdom, in accordance
with Article 50, paragraph 2, of the Treaty on European Union, signed an Agreement
setting out the arrangements for the withdrawal of the United Kingdom from the Union
and Euratom ("Withdrawal Agreement"). The Withdrawal Agreement will enter into force
on 1 February 2020, subject to its prior ratification by the United Kingdom and conclusion
by the Union and Euratom.
3. In order to address the specific situation of the withdrawal of the United
Kingdom from the Union and Euratom, the Withdrawal Agreement provides for a time-limited
transition period during which, save certain very limited exceptions, Union law shall
be applicable to and in the United Kingdom and that any reference to Member States
in Union law, including as implemented and applied by Member States, shall be understood
as including the United Kingdom.
4. The Union and Euratom, and the United Kingdom have agreed that Union law within
the meaning of the Withdrawal Agreement encompasses international agreements concluded
by the Union (or Euratom), or by Member States acting on behalf of the Union (or Euratom),
or by the Union (or Euratom) and its Member States jointly.
5. Subject to timely ratification and conclusion of the Withdrawal Agreement,
the Union and Euratom notify parties to the international agreements referred to in
point 4 above that, during the transition period, the United Kingdom is treated as
a Member State of the Union and of Euratom for the purposes of these international
agreements.
6. It is understood that the principles set out in this note also extend to international
instruments and arrangements without legally binding force entered into by the Union
or Euratom and to international agreements referred to in point 4 above which are
provisionally applied.
7. The provisions relating to the transition period are laid down in Part Four
(Articles 126 to
132) of the Withdrawal Agreement, to be read in conjunction with the other relevant
provisions of the Withdrawal Agreement, in particular its Part One.
8. The transition period starts on 1 February 2020 and ends on 31 December 2020,
but the Withdrawal Agreement foresees the possibility of adopting a single decision
extending the transition period for up to 24 months. In the event of an extension,
the Union and Euratom will communicate this by a further Note Verbale.
9. At the end of the transition period, the United Kingdom will no longer be
covered by the international agreements referred to in points 4 and 6 above. This
is without prejudice to the status of the United Kingdom in relation to multilateral
agreements to which it is a party in its own right.
02-03-2020
[…] the European Union informed the Government of the Federal Republic of Germany,
as Depositary in accordance with Article XX of the Convention, of the withdrawal of
its reservation to the inclusion of the Cetorhinus maximus in Appendix I.
The withdrawal of the reservation made by the European Union to the inclusion of the
Cetorhinus maximus in Appendix I became effective as of 31 May 2020 in accordance
with Article XI (6), sentence 2, of the Convention.
France
23-04-1990
In depositing its instrument of ratification of this Convention, the Government of the French Republic lodges reservations concerning Appendix I: Interpretation and concerning the species Chelonia mydas (green turtle).
Mauritius
10-01-2020
[...] The Ministry of Foreign Affairs, Regional Integration and International Trade
of the Republic of Mauritius [...] has the honour to register its strong objection
against the extension by the United Kingdom of Great Britain and Northern Ireland
to the so-called "British Indian Ocean Territory".
The Government of the Republic of Mauritius considers that by extending these Agreements
to the so-called "British Indian Ocean Territory", the United Kingdom purported to
exercise sovereignty over the Chagos Archipelago - a claim which is untenable under
international law.
The Government of the Republic of Mauritius wishes to reiterate in emphatic terms
that it does not recognize the so-called "British Indian Ocean Territory". The fact
that the Chagos Archipelago is, and has always been, part of the territory of the
Republic of Mauritius, and that the United Kingdom has never had sovereignty over
the Chagos Archipelago, has been authoritatively established by the International
Court of Justice in its Advisory Opinion of 25 February 2019, on the Legal Consequences
of the Separation of the Chagos Archipelago from Mauritius in 1965.
In this authoritative legal determination, the Court declared that the decolonization
of the Republic of Mauritius had not been lawfully completed in 1968, since the Chagos
Archipelago had been unlawfully detached in 1965, in violation of the right of self-determination
of peoples and the Charter of the United Nations, as applied and interpreted in accordance
with UN General Assembly resolution 1514 (XV) of 14 December 1960, resolution 2066
(XX) of 16 December 1965, resolution 2232 (XXI) of 20 December 1966 and resolution
2357 (XXII) of 19 December 1967. Accordingly, it went on to hold that the United Kingdom's
ongoing administration of the Chagos Archipelago, as the so-called "British Indian
Ocean Territory'", was an internationally wrongful act, of a continuing nature, that
engaged the State responsibility of the United Kingdom. It determined that the United
Kingdom is under a legal obligation to terminate its unlawful colonial administration
"as rapidly as possible".
The Court further determined that all UN Member States have an obligation to cooperate
with the United Nations in facilitating the completion of the decolonization of the
Republic of Mauritius as rapidly as possible, including an obligation not to support
the continuing wrongful conduct of the United Kingdom in maintaining its colonial
administration in the Chagos Archipelago.
On 22 May 2019, the General Assembly, by an overwhelming majority of 116 votes to
6, adopted resolution 73/295. By this resolution, it endorsed the Court’s Advisory
Opinion, affirmed that the Chagos Archipelago forms an integral part of the territory
of the Republic of Mauritius, and demanded that the United Kingdom terminate its unlawful
colonial administration within a maximum of six months, that is by no later than 22
November 2019. That deadline has now expired.
Moreover, the General Assembly in its resolution called upon Member States to “cooperate
with the United Nations to ensure the completion of the decolonization of Mauritius
as rapidly as possible” and to refrain from conduct that might impede or delay the
completion of decolonization. It further called upon the United Nations and all its
specialized agencies to recognize that the Chagos Archipelago forms an integral part
of the territory of the Republic of Mauritius, to support the decolonization of the
Republic of Mauritius as rapidly as possible, and to refrain from impeding that process
by recognizing the so-called "British Indian Ocean Territory". Lastly, the resolution
also called upon “all other international, regional and intergovernmental organizations,
including those established by treaty,” to recognize that the Chagos Archipelago forms
an integral part of the territory of the Republic of Mauritius, to support its speedy
decolonization, and to "refrain from impeding that process" by recognizing the so-called
"British Indian Ocean Territory".
The Republic of Mauritius has, over the years, consistently asserted, and hereby reasserts,
its full sovereignty over the Chagos Archipelago. The Government of the Republic of
Mauritius therefore unequivocally protests against the extension by the United Kingdom
of the Agreements listed at Annex to the so-called “British Indian Ocean Territory”
and against the purported exercise by the United Kingdom of any sovereignty, rights
or jurisdiction within the territory of the Republic of Mauritius.
For the above stated reasons, which arise from established principles of international
law as authoritatively interpreted and applied by the International Court of Justice
and endorsed by the UN General Assembly, the Government of the Republic of Mauritius
does not recognize the extension by the United Kingdom of the Agreements listed at
Annex to the so-called “British lndian Ocean Territory”, reserves all its rights in
this regard, and calls upon all States Parties to the Agreements listed at Annex to
reject the United Kingdom's extension of these Agreements to the so-called “British
Indian Ocean Territory”.
The Ministry of Foreign Affairs, Regional Integration and International Trade of the
Republic of Mauritius kindly requests that the present objection be duly recorded,
circulated and registered with the Secretariat of the United Nations pursuant to Article
102 of the Charter of the United Nations [...].
06-03-2020
The Government of the Republic of Mauritius maintains its strong objection to the
United Kingdom’s extension of the Convention on the Conservation of Migratory Species
of Wild Animals to the so-called "British Indian Ocean Territory". The United Kingdom's
response has no legal basis inasmuch as the Chagos Archipelago is and has always
formed an integral part of the territory of the Republic of Mauritius, as authoritatively
established by the International Court of Justice (ICJ) in its Advisory Opinion of
25 February 2019 on the Legal Consequences of the Separation of the Chagos Archipelago
from Mauritius in 1965.
The Government of the Republic of Mauritius wishes to recall that the ICJ also concluded
that the Chagos Archipelago was illegally excised by the United Kingdom from the territory
of Mauritius prior to its accession to independence and that the continued administration
of the Chagos Archipelago by the United Kingdom constitutes a wrongful act of a continuing
character. The Court accordingly ruled that the United Kingdom is under an obligation
to bring to an end its administration of the Chagos Archipelago as rapidly as possible.
It follows that under international law, the Republic of Mauritius is the sole State
lawfully entitled to exercise sovereignty over the Chagos Archipelago. As such, the
United Kingdom, which is an illegal colonial occupier, does not and cannot have sovereignty
over the Chagos Archipelago.
In Resolution 73/295 of 22 May 2019, the UN General Assembly demanded that the United
Kingdom withdraw its colonial administration from the Chagos Archipelago unconditionally
by 22 November 2019, thereby enabling the Republic of Mauritius to complete the decolonization
of its territory as rapidly as possible. The United Kingdom has failed to meet this
deadline.
The Government of the Republic of Mauritius therefore rejects the United Kingdom's
response and reiterates its protest against the United Kingdom's extension of the
Convention on the Conservation of Migratory Species of Wild Animals to the so-called
"British Indian Ocean Territory" and against the purported exercise by the United
Kingdom of any sovereignty, rights or jurisdiction within the territory of the Republic
of Mauritius.
The Government of the Republic of Mauritius also renews its call upon all Contracting
Parties to the Convention to reject the United Kingdom's extension of the Convention
to the so-called "British Indian Ocean Territory".
Norway
01-01-1989
Reservation in accordance with Article XI (6) of the Convention to the adoption of the white-beaked dolphin and of the Atlantic white-sided dolphin to Annex II of the Convention by the Second COP held from 10 to 14 October 1988 in Geneva.
01-01-1992
Reservation in accordance with Article XI (6) of the Convention to the adoption of the orca and of the narwhale to Annex II of the Convention by the Third COP held from 9 to 13 September 1991 in Geneva.
11-12-2002
The Government of Norway hereby lodges a formal reservation, in accordance with Article
XI 6 of the Convention, against the amendments adopted at the seventh Conference of
the Parties (COP7) held in Bonn, Germany, on 18-24 September 2002, regarding the inclusion
of the following species in Appendices I and II of the Convention:
Balaenoptera bonaerensis - Antarctic Minke Whale (in Appendix II)
Balaenoptera edeni - Bryde's Whale (in Appendix II)
Balaenoptera physalus - Fin Whale (in Appendices I and II)
Balaenoptera borealis - Sei Whale (in Appendices I and II)
Capera marginata - Pygmy Right Whale (in Appendix II)
Physeter macrocephalus (syn. Catodon) - Sperm Whale (in Appendices I and II)
Orcinus orca - Killer Whale (in Appendix II)
Carcharodon carcharias - Great White Shark (in Appendices I and II).
24-02-2006
The Conference of the Parties to the Convention of Migratory Species (CMS) at its
8th meeting in Nairobi, Kenya 21-25 November, accepted the inclusion in Appendix I
(Article III: Endangered migratory species) and II (Article IV: Migratory species
to be the Subject of Agreements) of the following species:
Cetorhinus maximus (Basking shark)
In accordance with Article X, paragraph 6 of the Convention, the Government of Norway
hereby notifies the Government of Germany, Depositary Government of the Convention
that it has decided to make a reservation to the inclusions mentioned above. With
the respect to the inclusion in Appendix I and Appendix II of the above mentioned
species, the Norwegian Government considers that the listing of this species does
not comply with the criteria for species to be included in Appendix I and Appendix
II of the Convention. Also, the Basking shark is within the purview of the North-East
Atlantic Fisheries Commission (NEAFC), which at its 24th Annual Meeting recommended
that no fishery should be undertaken in the Convention Area in 2006. The Commission
also called for compilation of data to better assess stock status. The Norwegian Government
will closely follow the work carried out in the NEAFC and FAO on this species. Based
on the development of the on-going initiatives Norway may review its reservation of
Basking shark in Appendix II of the CMS at a later stage.
South Africa
23-01-2018
The Republic of South Africa made a reservation with respect to the inclusion of the
following species in Appendix II to the Convention:
Giraffa camelopardalis (Giraffe)
Panthera leo (Lion)
Panthera pardus (Leopard)
Prionace glauca (Blue Shark)
Pursuant to Article XI, paragraph 6 of the Convention, the inclusion of the above-named
species, adopted on 28 October 2017 on the occasion of the Conference of the Parties,
shall not enter into force for the Republic of South Africa.
Syria
31-03-2003
Under no circumstances shall the accession of the Syrian Arab Republic to this Convention,
as amended, imply recognition of Israel or occasion its entry with the latter into
any of the transactions regulated by the provisions of the same, as amended.
Uganda
24-01-2018
The Republic of Uganda made a reservation with respect to the inclusion of the following
species in the Appendices to the Convention:
Chimpanzees
Lions
Leopards
Giraffes
Pursuant to Article XI, paragraph 6 of the Convention, the inclusion of the above-named
species, adopted on 28 October 2017 on the occasion of the Conference of the Parties,
shall not enter into force for the Republic of Uganda.
United Kingdom
23-07-1985
[...] the Government of the United Kingdom of Great Britain and Northern Ireland, having considered the Convention aforesaid, hereby confirm and ratify the same on behalf of [...] British Indian Ocean Territory[...].
11-02-2020
The Foreign and Commonwealth Office of the United Kingdom of Great Britain and Northern
Ireland presents its compliments to the Federal Foreign Office and has the honour
to refer to a Note Verbale from the Ministry of Foreign Affairs, Regional Integration
and International Trade of the Republic of Mauritius dated 10 January 2020 (1197/28).
This concerns the United Kingdom of Great Britain and Northern Ireland’s extension
of the 1979 Convention for Conservation of Migratory Species of Wild Animals to the
British Indian Ocean Territory (BIOT).
The United Kingdom of Great Britain and Northern Ireland rejects the claims contained
in the Note Verbale of the Ministry of Foreign Affairs, Regional Integration and International
Trade of the Republic of Mauritius. The United Kingdom has no doubt about its sovereignty
over the territory of BIOT, which has been under continuous British sovereignty since
1814. Mauritius has never held sovereignty over the islands that now form BIOT and
the United Kingdom does not recognise its claim.
22-05-2020
[…] the United Kingdom of Great Britain and Northern Ireland made a reservation with
respect to the inclusion of the Oceanic Whitetip Shark (Carcharhinus Longimanus) in
Appendix I to the Convention for the territories of Bermuda, Montserrat and the Turks
and Caicos Islands. The United Kingdom of Great Britain and Northern Ireland further
communicated its intention to implement the entire list of species adopted at COP
13 and to withdraw the reservation as soon as the implementing legislation is in place.
Pursuant to Article XI, paragraph 6 of the Convention, the inclusion of the Oceanic
Whitetip Shark (Carcharhinus Longimanus) in Appendix I, adopted on 22 February 2020
on the occasion of the Conference of the Parties, shall not enter into force for the
territories of Bermuda, Montserrat and the Turks and Caicos Islands.