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Cover of: Das Berner Übereinkommen über die Erhaltung der europäischen wildlebenden Pflanzen und Tiere, und ihrer natürlichen Lebensräume und Natura 2000
Jochen Schumacher

Das Berner Übereinkommen über die Erhaltung der europäischen wildlebenden Pflanzen und Tiere, und ihrer natürlichen Lebensräume und Natura 2000

Section: Treatises
Volume 54 (2016) / Issue 4, pp. 543-560 (18)
Published 09.07.2018
DOI 10.1628/000389216X14858493274303
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Summary
The Bern Convention is one of the most important conventions on the conservation of flora and fauna as it sets out, for the first time, international legal obligations for the conservation of endangered species and habitats. The Bern Convention regulates the conservation of wild flora and fauna by means of restrictions on their removal and use combined with the obligation to conserve their respective habitats. Particular attention is paid to endangered and vulnerable species. In addition to a general commitment to the contracting parties and regulations concerning the conservation of habitats, the convention contains in its central chapter specific, concrete requirements for the conservation of individual species. Articles 4 to 7 contain regulations for the conservation of wild flora and fauna; Article 8 prohibits the use of all indiscriminate means of capture or killing and the use of all means which could lead to the local disappearance or severe disturbance of a population of a species. The Contracting Parties can, under the conditions of Article 9 of the Bern Convention, permit exceptions to Articles 4 to 7 and to the prohibitions on the use of the means listed in Article 8. The European Union has adopted the convention into European law with the Habitats Directive. The European Union and all member states have ratified the convention and are therefore bound by its requirements. As such, the Bern Convention has an important role to play for the evaluation of European directives on nature conservation within the so called REFIT-program of the European Commission. Therefore, the European Commission has to comply with the convention's obligation in case of a possible amendment of the European directives and not fall behind them.