II. NATIONAL TASKS RELATED TO THE INTERNATIONAL CONVENTIONS
13. Conservation of European wild flora, fauna and natural habitats
(A) Main features of the legal instrument and the international organisation
A1. Basic data
Convention on the Conservation of European Wildlife and Natural Habitats
INTERNATIONAL
* Adoption: 19 September 1979
* Venue: Bern (Switzerland)
* Entry into force: 1 June 1982
* Organisation: Council of Europe
* Depositary: Council of Europe
* Parties (1st quarter of 2006): 45 (incl. EC) HUNGARIAN
* Signature: --
* Ratification/approval: 16 November 1989 (accession)
* Entry into force: 1 March 1990
* Promulgation: 3 July 1990
A2. Objectives
The aim of the Convention is to conserve wild flora and fauna and their natural habitats with particular attention to endangered and vulnerable species (including migratory species) and to that end, to promote international co-operation.
A3. Specific commitments
According to the specific provisions measures shall be taken by the Parties to maintain the population of wild flora and fauna, and the conservation requirements shall be taken into account in the planning and development policies and in measures against pollution [Art-s 2, 3].
The Convention includes also more detailed guidelines to perform these tasks [Art-s 4-12].
The Appendices to the Convention define the strictly protected plant (Appendix I) and animal species (Appendix II), the protected animal species (Appendix III) and the means (Appendix IV) that are now prohibited in capturing or killing the animal species listed in Appendix III as well as certain exemptions for the species listed in Appendix II.
The interpretation of the term "protection" is noteworthy in the Convention. Total prohibition is meant by strict protection [Art-s 5 and 6, and Appendices I and II]. Regulated exploitation [Art. 7 and Appendix III], that is, the capture and taking of animals within limitations of time, numbers, etc., in the course of which methods and means listed under Appendix IV are prohibited also means protection.
The Convention contains provisions to promote the reintroduction of extinct species and to control non-native species and their introduction [Art. 11 (2)].
Parties must submit detailed reports every two years on exemptions made for the species listed in the Appendices to the Convention, on the methods used (hunting, fishing) and on habitat conservation [Art. 9]. At its 13th meeting in 1993, the Standing Committee decided that a general report be submitted every four years on the following issues: domestic regulation related to the implementation of the Convention, realisation of the habitat conservation, conservation of the species existing in the territory of the Party and listed in the Appendices to the Convention, important conservation programmes, publications of major significance (e.g. Red Data Book) and all results or problems related to the implementation of the Convention. However, the preparation of the report is not obligatory.
A4. Specific provisions applying to Hungary
Recommendation 23 (11 January 1991) set a specific task for Hungary in relation to the protection of the habitat of the Vipera ursinii rakosiensis (Hungarian meadow viper).
At the time of signing or at ratification, each Party could make certain exemptions to the provisions in Appendices I-IV: Hungary filed such a motion for species which in Hungary do not require the protection specified in the Appendices and for the methods whose banning would not be reasonable in Hungary.
A5. Financial and facilitating mechanisms
The budget for covering the administrative expenses of the Convention is adopted by the Standing Committee and is accounted for in the framework of the Council of Europe budget in such way that payments made by member states for this purpose are complemented from the general budget of the Council of Europe.
A6. Further development of the legal instrument
No amendments to the provisions of the Convention are expected, although such necessity occasionally arises. If that were to happen (Art. 16 provides for such an option), it would presumably take several years. In the 1990s, the amendment of the Appendices was carried out particularly to consider the East-European flora and fauna. This action was connected to the "opening" towards the region by Hungary's 1989 accession. Thus, further additions were made to the list of strictly protected plants (Appendix I), and an Appendix on strictly protected fungis is also under consideration. A few more species were added to the list of animals (Appendix II and Appendix III), and further amendments are in preparation for invertebrates. Recommendations and amendments are also expected within a few years to an Appendix concerning habitats.
A7. The international organisation
The coordination and the administrative tasks of the Convention are performed by the Standing Committee and the Secretariat. The Council of Europe supports the implementation of the Convention by financial contribution, and the Secretariat is working in the framework of the Secretariat General of the Council of Europe. The implementation of the Convention is assisted by numerous international organisations (European regional institutions, NGOs providing expert services, IUCN, ECNC, etc.).
(B) Adoption and implementation of the legal instrument in Hungary
B1. Adoption
Hungary adopted the Convention in 1989. The Convention was promulgated in 1990.
MERP published a list of the exemptions filed by Hungary (Magyar Közlöny, 1991, No. 14., pp. 454-455) which was also contained in the "reservation" list deposited together with the accession document. It primarily contains the denominations of the species listed in the Appendices to the Convention but not protected in Hungary at that time.
The promulgation of the Convention by a law at appropriate level has not yet taken place.
B2. Implementation of the general objectives in Hungary
Authorities in Hungary for nature conservation administer the protection of wild plants and animals and their natural habitats in harmony with the objectives of the Convention.
B3. Implementation of specific tasks in Hungary
To protect habitats and species, numerous measures were introduced by various resolutions of the national inspectorate, as well as by decrees of ministry of environment.
Taking into consideration the relevant recommendation of the Convention, some significant habitats of the Vipera ursinii rakosiensis (Hungarian meadow viper) have been placed under protection (Ministerial Decree 17/1993 (IV. 7.) KTM), and a supervising service have been functioning since 1992 in critical periods at important sites. Since 1994 programmes aiming at maintaining populations have received regular funding (FHNP – Fertő-Hanság National Park Directorate, KNP – Kiskunság National Park Directorate, MME – Hungarian Ornithological and Nature Conservation Society (Birdlife Hungary), MTTM – Hungarian Natural History Museum).
B4. Contribution to the financial funds
Hungary’s contribution to the administrative expenses of the Convention is paid in one sum together with its contribution for its Council of Europe membership. Hungary is not in default with its payments.
B5. Participation in international programmes
Participation in several international programmes aimed at the conservation of habitats or species at the same time aid Hungary in the implementation of the Convention. For instance, with the assistance of the European Association of Herpetology, a Swedish expert participated in the implementation of a Hungarian programme under the Convention.
Hungarian experts are also providing assistance in the implementation of the Slovak programme for reintroducing the species Emys orbicularis (European pond tortoise), which began in 1993.
The European Community also acceded to the Convention in 1982.
B6. Hungarian participation in the international organisation
Several ad hoc and permanent expert groups are working under the Standing Committee in the activities of which Hungary is an active participant (except for groups dealing with issues of regions or activities which do not directly concern Hungary).
The chairman of the ad hoc expert group discussing the reintroduction, immigration and introduction of wild species was a Hungarian expert, Gábor Nechay (MERP), and the chairman of the working group discussing amphibians and reptiles between 1999 and 2003 was Zoltán Korsós (MTTM). Antal Sánta† (MoE-MEW) was the chairman of the working group discussing plants in 2001-2002, and his work was continued by Rozália Szekeres (MEW) in 2003.
B7. Coordination in Hungary
MEW is responsible for coordinating the implementation of the Convention as well as the representation of the Hungarian position at international negotiations.
(C) Legal instruments and other references
#2001: Ministerial Decree 13/2001. (V. 9.) KöM on protected and strictly protected animal and plant species, on the range of strictly protected caves and on the promulgation of animal and plant species significant in the European Community from the point of view of nature conservation
#1993: Ministerial Decree 17/1993. (IV. 7.) KTM on the establishment of the Peszéradacs Landscape Conservation Area and the designation of the nature conservation manager
#1990: Convention on the Conservation of European Wildlife and Natural Habitats. Magyar Közlöny, No. 64: International Convention no. 1990/7. (published by the Minister of Environment)
*1996: Faragó T., A. H. Lakosné (eds.), 1996: Approval and implementation of international conventions on environmental protection and nature conservation in Hungary. MERP, Budapest (also in H, 1995)
*1995: Nechay G., 1995: The Hungarian Meadow Viper (H: A rákosi vipera). Természet Világa, 1995. 4. (Term.tud. Közl. 126: 4.) pp. 188-189
*1994: Bándi Gy., T. Faragó, H.A Lakosné, 1994: International Conventions on Environment Protection and Nature Conservation (H: Nemzetközi környezetvédelmi és természetvédelmi egyezmények). Ministry for Environment and Regional Policy, Budapest, pp. 37-38
*1994: ÖIFF, 1994: Conventions on nature conservation - training textbook (H:
Természetvédelmi egyezmények - oktatási anyag). Ökológiai Intézet a Fenntartható Fejlődésért, Miskolc, pp. 22-25
*1989: Lakosné H.A. (ed.), 1989: Conventions with Hungarian Participation: Nature Conservation. (H: Magyar részvételű nemzetközi egyezmények: természetvédelem).
Ministry for Environment and Water Management, Budapest, pp. 67-87