19.3.2015 EN Official Journal of the European Union L 75/4 CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA Signed at Washington DC, on 3 March 1973 Amended at Bonn, on 22 June 1979 Amended at Gaborone, on 30 April 1983 THE CONTRACTING STATES, RECOGNISING THAT wild fauna and flora in their many beautiful and varied forms are an irreplaceable part of the natural systems of the earth which must be protected for this and the generations to come; CONSCIOUS OF the ever-growing value of wild fauna and flora from aesthetic, scientific, cultural, recreational and economic points of view; RECOGNISING THAT peoples and States are and should be the best protectors of their own wild fauna and flora; RECOGNISING, in addition, that international cooperation is essential for the protection of certain species of wild fauna and flora against over-exploitation through international trade; CONVINCED OF the urgency of taking appropriate measures to this end; HAVE AGREED AS FOLLOWS: Article I Definitions For the purpose of the present Convention, unless the context otherwise requires: (a) ‘Species’ means any species, subspecies, or geographically separate population thereof; (b) ‘Specimen’ means: (i) any animal or plant, whether alive or dead; (ii) in the case of an animal: for species included in Appendices I and II, any readily recognisable part or derivative thereof; and for species included in Appendix III, any readily recognisable part or derivative thereof specified in Appendix III in relation to the species; and (iii) in the case of a plant: for species included in Appendix I, any readily recognisable part or derivative thereof; and for species included in Appendices II and III, any readily recognisable part or derivative thereof specified in Appendices II and III in relation to the species; (c) ‘Trade’ means export, re-export, import and introduction from the sea; (d) ‘Re-export’ means export of any specimen that has previously been imported; (e) ‘Introduction from the sea’ means transportation into a State of specimens of any species which were taken in the marine environment not under the jurisdiction of any State; (f) ‘Scientific Authority’ means a national scientific authority designated in accordance with Article IX; (g) ‘Management Authority’ means a national management authority designated in accordance with Article IX; (h) ‘Party’ means a State for which the present Convention has entered into force. Article II Fundamental Principles 1. Appendix I shall include all species threatened with extinction which are or may be affected by trade. Trade in specimens of these species must be subject to particularly strict regulation in order not to endanger further their survival and must only be authorised in exceptional circumstances. 2. Appendix II shall include: (a) all species which although not necessarily now threatened with extinction may become so unless trade in specimens of such species is subject to strict regulation in order to avoid utilisation incompatible with their survival; and (b) other species which must be subject to regulation in order that trade in specimens of certain species referred to in subparagraph (a) of this paragraph may be brought under effective control. 3. Appendix III shall include all species which any Party identifies as being subject to regulation within its jurisdiction for the purpose of preventing or restricting exploitation, and as needing the cooperation of other Parties in the control of trade. 4. The Parties shall not allow trade in specimens of species included in Appendices I, II and III except in accordance with the provisions of the present Convention. Article III Regulation of Trade in Specimens of Species Included in Appendix I 1. All trade in specimens of species included in Appendix I shall be in accordance with the provisions of this Article. 2. The export of any specimen of a species included in Appendix I shall require the prior grant and presentation of an export permit. An export permit shall only be granted when the following conditions have been met: (a) a Scientific Authority of the State of export has advised that such export will not be detrimental to the survival of that species; (b) a Management Authority of the State of export is satisfied that the specimen was not obtained in contravention of the laws of that State for the protection of fauna and flora; (c) a Management Authority of the State of export is satisfied that any living specimen will be so prepared and shipped as to minimise the risk of injury, damage to health or cruel treatment; and (d) a Management Authority of the State of export is satisfied that an import permit has been granted for the specimen. 3. The import of any specimen of a species included in Appendix I shall require the prior grant and presentation of an import permit and either an export permit or a re-export certificate. An import permit shall only be granted when the following conditions have been met: (a) a Scientific Authority of the State of import has advised that the import will be for purposes which are not detrimental to the survival of the species involved; (b) a Scientific Authority of the State of import is satisfied that the proposed recipient of a living specimen is suitably equipped to house and care for it; and (c) a Management Authority of the State of import is satisfied that the specimen is not to be used for primarily commercial purposes. 4. The re-export of any specimen of a species included in Appendix I shall require the prior grant and presentation of a re-export certificate. A re-export certificate shall only be granted when the following conditions have been met: (a) a Management Authority of the State of re-export is satisfied that the specimen was imported into that State in accordance with the provisions of the present Convention; (b) a Management Authority of the State of re-export is satisfied that any living specimen will be so prepared and shipped as to minimise the risk of injury, damage to health or cruel treatment; and (c) a Management Authority of the State of re-export is satisfied that an import permit has been granted for any living specimen. 5. The introduction from the sea of any specimen of a species included in Appendix I shall require the prior grant of a certificate from a Management Authority of the State of introduction. A certificate shall only be granted when the following conditions have been met: (a) a Scientific Authority of the State of introduction advises that the introduction will not be detrimental to the survival of the species involved; (b) a Management Authority of the State of introduction is satisfied that the proposed recipient of a living specimen is suitably equipped to house and care for it; and (c) a Management Authority of the State of introduction is satisfied that the specimen is not to be used for primarily commercial purposes. Article IV Regulation of Trade in Specimens of Species Included in Appendix II 1. All trade in specimens of species included in Appendix II shall be in accordance with the provisions of this Article. 2. The export of any specimen of a species included in Appendix II shall require the prior grant and presentation of an export permit. An export permit shall only be granted when the following conditions have been met: (a) a Scientific Authority of the State of export has advised that such export will not be detrimental to the survival of that species; (b) a Management Authority of the State of export is satisfied that the specimen was not obtained in contravention of the laws of that State for the protection of fauna and flora; and (c) a Management Authority of the State of export is satisfied that any living specimen will be so prepared and shipped as to minimise the risk of injury, damage to health or cruel treatment. 3. A Scientific Authority in each Party shall monitor both the export permits granted by that State for specimens of species included in Appendix II and the actual exports of such specimens. Whenever a Scientific Authority determines that the export of specimens of any such species should be limited in order to maintain that species throughout its range at a level consistent with its role in the ecosystems in which it occurs and well above the level at which that species might become eligible for inclusion in Appendix I, the Scientific Authority shall advise the appropriate Management Authority of suitable measures to be taken to limit the grant of export permits for specimens of that species. 4. The import of any specimen of a species included in Appendix II shall require the prior presentation of either an export permit or a re-export certificate. 5. The re-export of any specimen of a species included in Appendix II shall require the prior grant and presentation of a re-export certificate. A re-export certificate shall only be granted when the following conditions have been met: (a) a Management Authority of the State of re-export is satisfied that the specimen was imported into that State in accordance with the provisions of the present Convention; and (b) a Management Authority of the State of re-export is satisfied that any living specimen will be so prepared and shipped as to minimise the risk of injury, damage to health or cruel treatment. 6. The introduction from the sea of any specimen of a species included in Appendix II shall require the prior grant of a certificate from a Management Authority of the State of introduction. A certificate shall only be granted when the following conditions have been met: (a) a Scientific Authority of the State of introduction advises that the introduction will not be detrimental to the survival of the species involved; and (b) a Management Authority of the State of introduction is satisfied that any living specimen will be so handled as to minimise the risk of injury, damage to health or cruel treatment. 7. Certificates referred to in paragraph 6 of this Article may be granted on the advice of a Scientific Authority, in consultation with other national scientific authorities or, when appropriate, international scientific authorities, in respect of periods not exceeding one year for total numbers of specimens to be introduced in such periods. Article V Regulation of Trade in Specimens of Species Included in Appendix III 1. All trade in specimens of species included in Appendix III shall be in accordance with the provisions of this Article. 2. The export of any specimen of a species included in Appendix III from any State which has included that species in Appendix III shall require the prior grant and presentation of an export permit. An export permit shall only be granted when the following conditions have been met: (a) a Management Authority of the State of export is satisfied that the specimen was not obtained in contravention of the laws of that State for the protection of fauna and flora; and (b) a Management Authority of the State of export is satisfied that any living specimen will be so prepared and shipped as to minimise the risk of injury, damage to health or cruel treatment. 3. The import of any specimen of a species included in Appendix III shall require, except in circumstances to which paragraph 4 of this Article applies, the prior presentation of a certificate of origin and, where the import is from a State which has included that species in Appendix III, an export permit. 4. In the case of re-export, a certificate granted by the Management Authority of the State of re-export that the specimen was processed in that State or is being re-exported shall be accepted by the State of import as evidence that the provisions of the present Convention have been complied with in respect of the specimen concerned. Article VI Permits and Certificates 1. Permits and certificates granted under the provisions of Articles III, IV, and V shall be in accordance with the provisions of this Article. 2. An export permit shall contain the information specified in the model set forth in Appendix IV, and may only be used for export within a period of six months from the date on which it was granted. 3. Each permit or certificate shall contain the title of the present Convention, the name and any identifying stamp of the Management Authority granting it and a control number assigned by the Management Authority. 4. Any copies of a permit or certificate issued by a Management Authority shall be clearly marked as copies only and no such copy may be used in place of the original, except to the extent endorsed thereon. 5. A separate permit or certificate shall be required for each consignment of specimens. 6. A Management Authority of the State of import of any specimen shall cancel and retain the export permit or re-export certificate and any corresponding import permit presented in respect of the import of that specimen. 7. Where appropriate and feasible a Management Authority may affix a mark upon any specimen to assist in identifying the specimen. For these purposes ‘mark’ means any indelible imprint, lead seal or other suitable means of identifying a specimen, designed in such a way as to render its imitation by unauthorised persons as difficult as possible. Article VII Exemptions and Other Special Provisions Relating to Trade 1. The provisions of Articles III, IV and V shall not apply to the transit or transhipment of specimens through or in the territory of a Party while the specimens remain in Customs control. 2. Where a Management Authority of the State of export or re-export is satisfied that a specimen was acquired before the provisions of the present Convention applied to that specimen, the provisions of Articles III, IV and V shall not apply to that specimen where the Management Authority issues a certificate to that effect. 3. The provisions of Articles III, IV and V shall not apply to specimens that are personal or household effects. This exemption shall not apply where: (a) in the case of specimens of a species included in Appendix I, they were acquired by the owner outside his State of usual residence, and are being imported into that State; or (b) in the case of specimens of species included in Appendix II: (i) they were acquired by the owner outside his State of usual residence and in a State where removal from the wild occurred; (ii) they are being imported into the owner's State of usual residence; and (iii) the State where removal from the wild occurred requires the prior grant of export permits before any export of such specimens; unless a Management Authority is satisfied that the specimens were acquired before the provisions of the present Convention applied to such specimens. 4. Specimens of an animal species included in Appendix I bred in captivity for commercial purposes, or of a plant species included in Appendix I artificially propagated for commercial purposes, shall be deemed to be specimens of species included in Appendix II. 5. Where a Management Authority of the State of export is satisfied that any specimen of an animal species was bred in captivity or any specimen of a plant species was artificially propagated, or is a part of such an animal or plant or was derived therefrom, a certificate by that Management Authority to that effect shall be accepted in lieu of any of the permits or certificates required under the provisions of Article III, IV or V. 6. The provisions of Articles III, IV and V shall not apply to the non-commercial loan, donation or exchange between scientists or scientific institutions registered by a Management Authority of their State, of herbarium specimens, other preserved, dried or embedded museum specimens, and live plant material, which carry a label issued or approved by a Management Authority. 7. A Management Authority of any State may waive the requirements of Articles III, IV and V and allow the movement without permits or certificates of specimens which form part of a travelling zoo, circus, menagerie, plant exhibition or other travelling exhibition provided that: (a) the exporter or importer registers full details of such specimens with that Management Authority; (b) the specimens are in either of the categories specified in paragraph 2 or 5 of this Article; and (c) the Management Authority is satisfied that any living specimen will be so transported and cared for as to minimise the risk of injury, damage to health or cruel treatment. Article VIII Measures to Be Taken by the Parties 1. The Parties shall take appropriate measures to enforce the provisions of the present Convention and to prohibit trade in specimens in violation thereof. These shall include measures: (a) to penalise trade in, or possession of, such specimens, or both; and (b) to provide for the confiscation or return to the State of export of such specimens. 2. In addition to the measures taken under paragraph 1 of this Article, a Party may, when it deems it necessary, provide for any method of internal reimbursement for expenses incurred as a result of the confiscation of a specimen traded in violation of the measures taken in the application of the provisions of the present Convention. 3. As far as possible, the Parties shall ensure that specimens shall pass through any formalities required for trade with a minimum of delay. To facilitate such passage, a Party may designate ports of exit and ports of entry at which specimens must be presented for clearance. The Parties shall ensure further that all living specimens, during any period of transit, holding or shipment, are properly cared for so as to minimise the risk of injury, damage to health or cruel treatment. 4. Where a living specimen is confiscated as a result of measures referred to in paragraph 1 of this Article: (a) the specimen shall be entrusted to a Management Authority of the State of confiscation; (b) the Management Authority shall, after consultation with the State of export, return the specimen to that State at the expense of that State, or to a rescue centre or such other place as the Management Authority deems appropriate and consistent with the purposes of the present Convention; and (c) the Management Authority may obtain the advice of a Scientific Authority, or may, whenever it considers it desirable, consult the Secretariat in order to facilitate the decision under subparagraph (b) of this paragraph, including the choice of a rescue centre or other place. 5. A rescue centre as referred to in paragraph 4 of this Article means an institution designated by a Management Authority to look after the welfare of living specimens, particularly those that have been confiscated. 6. Each Party shall maintain records of trade in specimens of species included in Appendices I, II and III which shall cover: (a) the names and addresses of exporters and importers; and (b) the number and type of permits and certificates granted; the States with which such trade occurred; the numbers or quantities and types of specimens, names of species as included in Appendices I, II and III and, where applicable, the size and sex of the specimens in question. 7. Each Party shall prepare periodic reports on its implementation of the present Convention and shall transmit to the Secretariat: (a) an annual report containing a summary of the information specified in subparagraph (b) of paragraph 6 of this Article; and (b) a biennial report on legislative, regulatory and administrative measures taken to enforce the provisions of the present Convention. 8. The information referred to in paragraph 7 of this Article shall be available to the public where this is not inconsistent with the law of the Party concerned. Article IX Management and Scientific Authorities 1. Each Party shall designate for the purposes of the present Convention: (a) one or more Management Authorities competent to grant permits or certificates on behalf of that Party; and (b) one or more Scientific Authorities. 2. A State depositing an instrument of ratification, acceptance, approval or accession shall at that time inform the Depositary Government of the name and address of the Management Authority authorised to communicate with other Parties and with the Secretariat. 3. Any changes in the designations or authorisations under the provisions of this Article shall be communicated by the Party concerned to the Secretariat for transmission to all other Parties. 4. Any Management Authority referred to in paragraph 2 of this Article shall, if so requested by the Secretariat or the Management Authority of another Party, communicate to it impression of stamps, seals or other devices used to authenticate permits or certificates. Article X Trade with States not Party to the Convention Where export or re-export is to, or import is from, a State not a Party to the present Convention, comparable documentation issued by the competent authorities in that State which substantially conforms with the requirements of the present Convention for permits and certificates may be accepted in lieu thereof by any Party. Article XI Conference of the Parties 1. The Secretariat shall call a meeting of the Conference of the Parties not later than two years after the entry into force of the present Convention. 2. Thereafter the Secretariat shall convene regular meetings at least once every two years, unless the Conference decides otherwise, and extraordinary meetings at any time on the written request of at least one-third of the Parties. 3. At meetings, whether regular or extraordinary, the Parties shall review the implementation of the present Convention and may: (a) make such provision as may be necessary to enable the Secretariat to carry out its duties, and adopt financial provisions; (b) consider and adopt amendments to Appendices I and II in accordance with Article XV; (c) review the progress made towards the restoration and conservation of the species included in Appendices I, II and III; (d) receive and consider any reports presented by the Secretariat or by any Party; and (e) where appropriate, make recommendations for improving the effectiveness of the present Convention. 4. At each regular meeting, the Parties may determine the time and venue of the next regular meeting to be held in accordance with the provisions of paragraph 2 of this Article. 5. At any meeting, the Parties may determine and adopt rules of procedure for the meeting. 6. The United Nations, its Specialised Agencies and the International Atomic Energy Agency, as well as any State not a Party to the present Convention, may be represented at meetings of the Conference by observers, who shall have the right to participate but not to vote. 7. Any body or agency technically qualified in protection, conservation or management of wild fauna and flora, in the following categories, which has informed the Secretariat of its desire to be represented at meetings of the Conference by observers, shall be admitted unless at least one-third of the Parties present object: (a) international agencies or bodies, either governmental or non-governmental, and national governmental agencies and bodies; and (b) national non-governmental agencies or bodies which have been approved for this purpose by the State in which they are located. Once admitted, these observers shall have the right to participate but not to vote. Article XII The Secretariat 1. Upon entry into force of the present Convention, a Secretariat shall be provided by the Executive Director of the United Nations Environment Programme. To the extent and in the manner he considers appropriate, he may be assisted by suitable inter-governmental or non-governmental international or national agencies and bodies technically qualified in protection, conservation and management of wild fauna and flora. 2. The functions of the Secretariat shall be: (a) to arrange for and service meetings of the Parties; (b) to perform the functions entrusted to it under the provisions of Articles XV and XVI of the present Convention; (c) to undertake scientific and technical studies in accordance with programmes authorised by the Conference of the Parties as will contribute to the implementation of the present Convention, including studies concerning standards for appropriate preparation and shipment of living specimens and the means of identifying specimens; (d) to study the reports of Parties and to request from Parties such further information with respect thereto as it deems necessary to ensure implementation of the present Convention; (e) to invite the attention of the Parties to any matter pertaining to the aims of the present Convention; (f) to publish periodically and distribute to the Parties current editions of Appendices I, II and III together with any information which will facilitate identification of specimens of species included in those Appendices; (g) to prepare annual reports to the Parties on its work and on the implementation of the present Convention and such other reports as meetings of the Parties may request; (h) to make recommendations for the implementation of the aims and provisions of the present Convention, including the exchange of information of a scientific or technical nature; (i) to perform any other function as may be entrusted to it by the Parties. Article XIII International Measures 1. When the Secretariat in the light of information received is satisfied that any species included in Appendix I or II is being affected adversely by trade in specimens of that species or that the provisions of the present Convention are not being effectively implemented, it shall communicate such information to the authorised Management Authority of the Party or Parties concerned. 2. When any Party receives a communication as indicated in paragraph 1 of this Article, it shall, as soon as possible, inform the Secretariat of any relevant facts insofar as its laws permit and, where appropriate, propose remedial action. Where the Party considers that an inquiry is desirable, such inquiry may be carried out by one or more persons expressly authorised by the Party. 3. The information provided by the Party or resulting from any inquiry as specified in paragraph 2 of this Article shall be reviewed by the next Conference of the Parties which may make whatever recommendations it deems appropriate. Article XIV Effect on Domestic Legislation and International Conventions 1. The provisions of the present Convention shall in no way affect the right of Parties to adopt: (a) stricter domestic measures regarding the conditions for trade, taking, possession or transport of specimens of species included in Appendices I, II and III, or the complete prohibition thereof; or (b) domestic measures restricting or prohibiting trade, taking, possession or transport of species not included in Appendix I, II or III. 2. The provisions of the present Convention shall in no way affect the provisions of any domestic measures or the obligations of Parties deriving from any treaty, convention, or international agreement relating to other aspects of trade, taking, possession or transport of specimens which is in force or subsequently may enter into force for any Party including any measure pertaining to the Customs, public health, veterinary or plant quarantine fields. 3. The provisions of the present Convention shall in no way affect the provisions of, or the obligations deriving from, any treaty, convention or international agreement concluded or which may be concluded between States creating a union or regional trade agreement establishing or maintaining a common external Customs control and removing Customs control between the parties thereto in so far as they relate to trade among the States members of that union or agreement. 4. A State party to the present Convention, which is also a party to any other treaty, convention or international agreement which is in force at the time of the coming into force of the present Convention and under the provisions of which protection is afforded to marine species included in Appendix II, shall be relieved of the obligations imposed on it under the provisions of the present Convention with respect to trade in specimens of species included in Appendix II that are taken by ships registered in that State and in accordance with the provisions of such other treaty, convention or international agreement. 5. Notwithstanding the provisions of Articles III, IV and V, any export of a specimen taken in accordance with paragraph 4 of this Article shall only require a certificate from a Management Authority of the State of introduction to the effect that the specimen was taken in accordance with the provisions of the other treaty, convention or international agreement in question. 6. Nothing in the present Convention shall prejudice the codification and development of the law of the sea by the United Nations Conference on the Law of the Sea convened pursuant to Resolution 2750 C (XXV) of the General Assembly of the United Nations nor the present or future claims and legal views of any State concerning the law of the sea and the nature and extent of coastal and flag State jurisdiction. Article XV Amendments to Appendices I and II 1. The following provisions shall apply in relation to amendments to Appendices I and II at meetings of the Conference of the Parties: (a) Any Party may propose an amendment to Appendix I or II for consideration at the next meeting. The text of the proposed amendment shall be communicated to the Secretariat at least 150 days before the meeting. The Secretariat shall consult the other Parties and interested bodies on the amendment in accordance with the provisions of subparagraphs (b) and (c) of paragraph 2 of this Article and shall communicate the response to all Parties not later than 30 days before the meeting. (b) Amendments shall be adopted by a two-thirds majority of Parties present and voting. For these purposes ‘Parties present and voting’ means Parties present and casting an affirmative or negative vote. Parties abstaining from voting shall not be counted among the two-thirds required for adopting an amendment. (c) Amendments adopted at a meeting shall enter into force 90 days after that meeting for all Parties except those which make a reservation in accordance with paragraph 3 of this Article. 2. The following provisions shall apply in relation to amendments to Appendices I and II between meetings of the Conference of the Parties: (a) Any Party may propose an amendment to Appendix I or II for consideration between meetings by the postal procedures set forth in this paragraph. (b) For marine species, the Secretariat shall, upon receiving the text of the proposed amendment, immediately communicate it to the Parties. It shall also consult inter-governmental bodies having a function in relation to those species especially with a view to obtaining scientific data these bodies may be able to provide and to ensuring coordination with any conservation measures enforced by such bodies. The Secretariat shall communicate the views expressed and data provided by these bodies and its own findings and recommendations to the Parties as soon as possible. (c) For species other than marine species, the Secretariat shall, upon receiving the text of the proposed amendment, immediately communicate it to the Parties, and, as soon as possible thereafter, its own recommendations. (d) Any Party may, within 60 days of the date on which the Secretariat communicated its recommendations to the Parties under subparagraph (b) or (c) of this paragraph, transmit to the Secretariat any comments on the proposed amendment together with any relevant scientific data and information. (e) The Secretariat shall communicate the replies received together with its own recommendations to the Parties as soon as possible. (f) If no objection to the proposed amendment is received by the Secretariat within 30 days of the date the replies and recommendations were communicated under the provisions of subparagraph (e) of this paragraph, the amendment shall enter into force 90 days later for all Parties except those which make a reservation in accordance with paragraph 3 of this Article. (g) If an objection by any Party is received by the Secretariat, the proposed amendment shall be submitted to a postal vote in accordance with the provisions of subparagraphs (h), (i) and (j) of this paragraph. (h) The Secretariat shall notify the Parties that notification of objection has been received. (i) Unless the Secretariat receives the votes for, against or in abstention from at least one-half of the Parties within 60 days of the date of notification under subparagraph (h) of this paragraph, the proposed amendment shall be referred to the next meeting of the Conference for further consideration. (j) Provided that votes are received from one-half of the Parties, the amendment shall be adopted by a two-thirds majority of Parties casting an affirmative or negative vote. (k) The Secretariat shall notify all Parties of the result of the vote. (l) If the proposed amendment is adopted it shall enter into force 90 days after the date of the notification by the Secretariat of its acceptance for all Parties except those which make a reservation in accordance with paragraph 3 of this Article. 3. During the period of 90 days provided for by subparagraph (c) of paragraph 1 or subparagraph (l) of paragraph 2 of this Article any Party may by notification in writing to the Depositary Government make a reservation with respect to the amendment. Until such reservation is withdrawn the Party shall be treated as a State not a Party to the present Convention with respect to trade in the species concerned. Article XVI Appendix III and Amendments thereto 1. Any Party may at any time submit to the Secretariat a list of species which it identifies as being subject to regulation within its jurisdiction for the purpose mentioned in paragraph 3 of Article II. Appendix III shall include the names of the Parties submitting the species for inclusion therein, the scientific names of the species so submitted, and any parts or derivatives of the animals or plants concerned that are specified in relation to the species for the purposes of subparagraph (b) of Article I. 2. Each list submitted under the provisions of paragraph 1 of this Article shall be communicated to the Parties by the Secretariat as soon as possible after receiving it. The list shall take effect as part of Appendix III 90 days after the date of such communication. At any time after the communication of such list, any Party may by notification in writing to the Depositary Government enter a reservation with respect to any species or any parts or derivatives, and until such reservation is withdrawn, the State shall be treated as a State not a Party to the present Convention with respect to trade in the species or part or derivative concerned. 3. A Party which has submitted a species for inclusion in Appendix III may withdraw it at any time by notification to the Secretariat which shall communicate the withdrawal to all Parties. The withdrawal shall take effect 30 days after the date of such communication. 4. Any Party submitting a list under the provisions of paragraph 1 of this Article shall submit to the Secretariat a copy of all domestic laws and regulations applicable to the protection of such species, together with any interpretations which the Party may deem appropriate or the Secretariat may request. The Party shall, for as long as the species in question is included in Appendix III, submit any amendments of such laws and regulations or any interpretations as they are adopted. Article XVII Amendment of the Convention 1. An extraordinary meeting of the Conference of the Parties shall be convened by the Secretariat on the written request of at least one-third of the Parties to consider and adopt amendments to the present Convention. Such amendments shall be adopted by a two-thirds majority of Parties present and voting. For these purposes ‘Parties present and voting’ means Parties present and casting an affirmative or negative vote. Parties abstaining from voting shall not be counted among the two-thirds required for adopting an amendment. 2. The text of any proposed amendment shall be communicated by the Secretariat to all Parties at least 90 days before the meeting. 3. An amendment shall enter into force for the Parties which have accepted it 60 days after two-thirds of the Parties have deposited an instrument of acceptance of the amendment with the Depositary Government. Thereafter, the amendment shall enter into force for any other Party 60 days after that Party deposits its instrument of acceptance of the amendment. Article XVIII Resolution of Disputes 1. Any dispute which may arise between two or more Parties with respect to the interpretation or application of the provisions of the present Convention shall be subject to negotiation between the Parties involved in the dispute. 2. If the dispute can not be resolved in accordance with paragraph 1 of this Article, the Parties may, by mutual consent, submit the dispute to arbitration, in particular that of the Permanent Court of Arbitration at The Hague, and the Parties submitting the dispute shall be bound by the arbitral decision. Article XIX Signature The present Convention shall be open for signature at Washington until 30 April 1973 and thereafter at Berne until 31 December 1974. Article XX Ratification, Acceptance, Approval The present Convention shall be subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Government of the Swiss Confederation which shall be the Depositary Government. Article XXI Accession 1. The present Convention shall be open indefinitely for accession. Instruments of accession shall be deposited with the Depositary Government. 2. This Convention shall be open for accession by regional economic integration organisations constituted by sovereign States which have competence in respect of the negotiation, conclusion and implementation of international agreements in matters transferred to them by their Member States and covered by this Convention. 3. In their instruments of accession, such organisation shall declare the extent of their competence with respect to the matters governed by the Convention. These organisations shall also inform the Depositary Government of any substantial modification in the extent of their competence. Notifications by regional economic integration organisations concerning their competence with respect to matters governed by this Convention and modifications thereto shall be distributed to the Parties by the Depositary Government. 4. In matters within their competence, such regional economic integration organisations shall exercise the rights and fulfil the obligations which this Convention attributes to their Member States, which are Parties to the Convention. In such cases the Member States of the organisations shall not be entitled to exercise such rights individually. 5. In the fields of their competence, regional economic integration organisations shall exercise their right to vote with a number of votes equal to the number of their Member States which are Parties to the Convention. Such organisations shall not exercise their right to vote if their Member States exercise theirs, and vice versa. 6. Any reference to ‘Party’ in the sense used in Article 1(h) of this Convention, to ‘State’/‘States’ or to ‘State Party’/‘State Parties’ to the Convention shall be construed as including a reference to any regional economic integration organisation having competence in respect of the negotiation, conclusion and application of international agreements in matters covered by this Convention. Article XXII Entry into Force 1. The present Convention shall enter into force 90 days after the date of deposit of the tenth instrument of ratification, acceptance, approval or accession, with the Depositary Government. 2. For each State which ratifies, accepts or approves the present Convention or accedes thereto after the deposit of the tenth instrument of ratification, acceptance, approval or accession, the present Convention shall enter into force 90 days after the deposit by such State of its instrument of ratification, acceptance, approval or accession. Article XXIII Reservations 1. The provisions of the present Convention shall not be subject to general reservations. Specific reservations may be entered in accordance with the provisions of this Article and Articles XV and XVI. 2. Any State may, on depositing its instrument of ratification, acceptance, approval or accession, enter a specific reservation with regard to: (a) any species included in Appendix I, II or III; or (b) any parts or derivatives specified in relation to a species included in Appendix III. 3. Until a Party withdraws its reservation entered under the provisions of this Article, it shall be treated as a State not a Party to the present Convention with respect to trade in the particular species or parts or derivatives specified in such reservation. Article XXIV Denunciation Any Party may denounce the present Convention by written notification to the Depositary Government at any time. The denunciation shall take effect 12 months after the Depositary Government has received the notification. Article XXV Depositary 1. The original of the present Convention, in the Chinese, English, French, Russian and Spanish languages, each version being equally authentic, shall be deposited with the Depositary Government, which shall transmit certified copies thereof to all States that have signed it or deposited instruments of accession to it. 2. The Depositary Government shall inform all signatory and acceding States and the Secretariat of signatures, deposit of instruments of ratification, acceptance, approval or accession, entry into force of the present Convention, amendments thereto, entry and withdrawal of reservations and notifications of denunciation. 3. As soon as the present Convention enters into force, a certified copy thereof shall be transmitted by the Depositary Government to the Secretariat of the United Nations for registration and publication in accordance with Article 102 of the Charter of the United Nations. In witness whereof the undersigned Plenipotentiaries, being duly authorised to that effect, have signed the present Convention. Done at Washington, 3 March 1973.

Summary: Convention on International Trade in Endangered Species of Wild Fauna and Flora Convention on International Trade in Endangered Species of Wild Fauna and Flora SUMMARY OF: Convention on International Trade in Endangered Species of Wild Fauna and Flora Decision (EU) 2015/451 concerning the European Union’s accession to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) WHAT IS THE AIM OF THE CONVENTION AND THE DECISION? The convention is to ensure that international trade in specimens of wild animals and plants does not threaten their survival. The decision approves the accession of the European Union (EU) to the convention. KEY POINTS Convention on Trade in Endangered Species of Wild Fauna and Flora (CITES) CITES came into force in 1975. 183 countries and regional organisations are parties to the convention, including the EU and all EU Member States. Regulation The convention sets out different degrees of regulation for different plant and animal species. These are listed in its appendices. Appendix I includes species threatened with extinction and for which trade must be strictly regulated and only authorised in exceptional circumstances. Appendix II includes species that, though not necessarily threatened with imminent extinction, may become so unless trade is strictly regulated. To facilitate more effective control of these species, the appendix can include also lookalike species — those that look similar to species that are endangered. Appendix III includes species that are regulated by a party and for which the cooperation of other parties is needed in order to control their exploitation through international trade. Permits and certificates Permits and certificates are used under CITES to regulate and monitor trade in endangered species. They are issued by the designated managing authorities of each party (in the EU, by the authorities of the Member States). Permits and certificates are issued only if certain conditions are fulfilled. Depending on the category of species, these include: whether trade would be detrimental for the species’ survival;whether the specimen was acquired legally;in the case of live animals, the conditions for transport and housing. Species in Appendix I cannot be traded for commercial purposes. Scientific authorities advise managing authorities on the granting of export permits to ensure the conservation status of species in Appendix II remains well above the level for inclusion in Appendix I. There are a number of exemptions from some of these rules, including for: specimens acquired before the convention became applicable to them;transits and transshipments through a party’s territory where the specimen remains under customs control;captive-bred animals and artificially propagated plants;the exchange of specimens in the collections of scientists and scientific institutions and of captive-bred or pre-convention specimens held by travelling exhibitions. Monitoring and enforcement Parties are required to take appropriate measures to: penalise illegal trade in, or possession of specimens covered by CITES rules;confiscate or return to the country of export specimens seized in illegal trade. Parties must record and report all trade data to the CITES secretariat on an annual basis. The European Commission also produces an analysis of the EU's annual trade report. Parties submit a triennial report to the secretariat on the legal rules and measures taken to enforce CITES. DATE OF ENTRY INTO FORCE The convention entered into force for the EU as a party on 8 July 2015. BACKGROUND Trade in protected species of wild fauna and flora is regulated by Regulation (EC) No 338/97 — see summary. CITES is implemented in the EU through a set of regulations known as the EU wildlife trade regulations. The EU also has an action plan against wildlife trafficking (see summary). The original action plan ran until 2020 and is due for revision in line with the EU biodiversity strategy for 2030 (see summary). For more information, see: The European Union and Trade in Wild Fauna and Flora (European Commission). MAIN DOCUMENTS Convention on International Trade in Endangered Species of Wild Fauna and Flora (OJ L 75, 19.3.2015, pp. 4–15) Council Decision (EU) 2015/451 of 6 March 2015 concerning the accession of the European Union to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) (OJ L 75, 19.3.2015, pp. 1–3) RELATED DOCUMENTS Commission Regulation (EC) No 865/2006 of 4 May 2006 laying down detailed rules concerning the implementation of Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein (OJ L 166, 19.6.2006, pp. 1–69) See consolidated version Commission Implementing Regulation (EU) 2019/1587 of 24 September 2019 prohibiting the introduction into the Union of specimens of certain species of wild fauna and flora in accordance with Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein (OJ L 248, 27.9.2019, pp. 5–21) Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions — EU Action Plan against Wildlife Trafficking (COM(2016) 87 final, 26.2.2016) Commission Implementing Regulation (EU) No 792/2012 of 23 August 2012 laying down rules for the design of permits, certificates and other documents provided for in Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein and amending Commission Regulation (EC) No 865/2006 (OJ L 242, 7.9.2012, pp. 13–45) Successive amendments to Regulation (EU) No 792/2012 have been incorporated into the original text. This consolidated version is of documentary value only. last update 27.09.2021


19.3.2008 EN Official Journal of the European Union L 80/18 COUNCIL DECISION of 18 February 2008 on the principles, priorities and conditions contained in the European Partnership with Bosnia and Herzegovina and repealing Decision 2006/55/EC (2008/211/EC) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EC) No 533/2004 of 22 March 2004 on the establishment of partnerships in the framework of the Stabilisation and Association Process (1), as amended, and in particular Article 2 thereof, Having regard to the proposal from the Commission, Whereas: (1) The Thessaloniki European Council of 19 and 20 June 2003 endorsed the introduction of the European Partnerships as a means to materialise the European perspective of the Western Balkan countries. (2) Regulation (EC) No 533/2004 provides that the Council is to decide on the principles, priorities and conditions to be contained in the partnerships, as well as any subsequent adjustments. It states also that the follow-up to the European Partnerships will be ensured through the mechanisms established under the Stabilisation and Association Process, notably by the annual progress reports. (3) On 30 January 2006 the Council adopted the second European Partnership with Bosnia and Herzegovina (2). (4) The Commission's Paper on enlargement strategy and main challenges 2006-2007 indicated that the partnerships would be updated at the end of 2007. (5) On 17 July 2007 the Council adopted Regulation (EC) No 1085/2006 (3) establishing an Instrument for Pre-accession Assistance (IPA), which renews the framework for financial assistance to pre-accession countries. (6) It is therefore appropriate to adopt a revised European Partnership which updates the current partnership in order to identify renewed priorities for further work, on the basis of the findings of the 2007 Progress Report on Bosnia and Herzegovina's preparations for further integration with the European Union. (7) In order to prepare for further integration with the European Union, the competent authorities in Bosnia and Herzegovina should develop a plan with a timetable and specific measures to address the priorities of this European Partnership. (8) Decision 2006/55/EC should therefore be repealed, HAS DECIDED AS FOLLOWS: Article 1 The principles, priorities and conditions in the European Partnership with Bosnia and Herzegovina are set out in the Annex. Article 2 The implementation of the European Partnership shall be examined through the mechanisms established under the stabilisation and association process, notably the annual progress reports presented by the Commission. Article 3 Decision 2006/55/EC shall be repealed. Article 4 This Decision shall take effect on the third day following its publication in the Official Journal of the European Union. Done at Brussels, 18 February 2008. For the Council The President D. RUPEL (1) OJ L 86, 24.3.2004, p. 1. Regulation as amended by Regulation (EC) No 269/2006 (OJ L 47, 17.2.2006, p. 7). (2) Council Decision 2006/55/EC of 30 January 2006 on the principles, priorities and conditions contained in the European Partnership with Bosnia and Herzegovina and repealing Decision 2004/515/EC (OJ L 35, 7.2.2006, p. 19). (3) OJ L 210, 31.7.2006, p. 82. ANNEX BOSNIA AND HERZEGOVINA 2007 EUROPEAN PARTNERSHIP 1. INTRODUCTION The European Council endorsed the introduction of the European Partnerships as a means to realise the European perspective of the Western Balkan countries. The proposed revised partnership updates the second one, on the basis of the findings of the 2007 Commission Progress Report on Bosnia and Herzegovina. It identifies new and remaining priorities for action. The new priorities are adapted to the country's specific needs and stage of preparation and will be updated as necessary. Bosnia and Herzegovina is expected to develop a plan including a timetable and specific measures intended to address the European Partnership priorities. The partnership also provides guidance for financial assistance to the country. 2. PRINCIPLES The Stabilisation and Association Process remains the framework for the European course of the Western Balkan countries, all the way to their future accession. The priorities identified for Bosnia and Herzegovina relate to its capacity to meet the criteria defined by the Copenhagen European Council of 1993 and the conditions set by the stabilisation and association process, notably the conditions defined by the Council in its conclusions of 29 April 1997 and 21 and 22 June 1999, the final declaration of the Zagreb Summit of 24 November 2000 and the Thessaloniki Agenda. 3. PRIORITIES The priorities listed in this European Partnership have been selected on the basis that it is realistic to expect that Bosnia and Herzegovina can complete them or take them substantially forward over the next few years. A distinction is made between short-term priorities, which are expected to be accomplished within one to two years, and medium-term priorities, which are expected to be accomplished within three to four years. The priorities concern both legislation and its implementation. In view of the need to set priorities, clearly there are other tasks for Bosnia and Herzegovina to complete which may become priorities in any future partnership, also taking into account future progress made by Bosnia and Herzegovina. Among the short-term priorities, the key ones have been identified and grouped together at the beginning of the list. The order of these key priorities does not imply a ranking in their importance. 3.1. SHORT-TERM PRIORITIES Key priorities — Adopt and begin to implement police reform legislation at State and Entity levels in line with the three EU principles. — Fully cooperate with the International Criminal Tribunal for the former Yugoslavia (ICTY), including by playing a proactive role in apprehending all ICTY indictees at large. — Adopt the required public broadcasting legislation at the level of the Federation of Bosnia and Herzegovina. Implement public broadcasting reform. — Implement the 2006 strategy for public administration reform and ensure that State-level ministries and institutions are adequately financed, operational and properly equipped, especially in terms of premises and staff. — Strengthen administrative capacity in preparation for implementing Stabilisation and Association Agreement (SAA) and Interim Agreement (IA) commitments. — Pursue efforts aimed at reconciliation between citizens of the countries in the region and enhance efforts to find definitive solutions to pending bilateral issues, in particular border issues. — Make substantial progress on creating a single economic space in Bosnia and Herzegovina supporting the free movement of goods, capital, services and persons. — Reduce structural rigidities that distort the functioning of the labour market, in particular the taxation of labour, levels of social transfers and wage-setting mechanisms in order to increase the participation and employment rates. — Take measures to achieve more functional and sustainable institutional structures and better respect for human rights and fundamental freedoms, including by agreeing and adopting changes to the constitution of Bosnia and Herzegovina, as necessary. Political criteria Democracy and the rule of law Constitution/governance — Take further steps to provide Bosnia and Herzegovina's parliamentary assembly with sufficient technical resources and personnel. — Ensure structured and institutionalised State/Entity coordination by establishing functioning mechanisms for political, legislative and technical coordination between the State and the Entities. — Ensure due follow-up to the reports issued by Bosnia and Herzegovina's supreme audit institutions and take measures against those responsible for irregularities. Parliament/elections — Amend electoral legislation regarding members of the Bosnia and Herzegovina Presidency and House of Peoples delegates to ensure full compliance with the European Convention on Human Rights and the Council of Europe post-accession commitments. Public administration — Provide the Public Administration Coordinator's Office with the human and material resources necessary to carry out its work. — Further improve recruitment procedures based on objective and merit-based criteria, ensuring transparency and prompt appointment of sufficiently qualified civil servants. — Harmonise the civil service laws in order to build an accountable, efficient civil service, based on professional career development criteria. — Complete the merger of the State and Entity ombudsmen and ensure that the State-level office has the resources necessary to function properly. Judicial system — Reinforce the independence and accountability of the judicial system and improve its effectiveness, including by reducing the backlog of cases. — Adopt and start implementing a strategy for development of the judicial sector. — Ensure adequate training of the judiciary, in particular as regards human rights legislation and issues related to implementation of the Stabilisation and Association Agreement. Anti-corruption policy — Adopt and implement a detailed action plan against corruption, based on the national anti-corruption strategy. — Implement the recommendations made by the Group of States against Corruption (GRECO) and the obligations resulting from international conventions on corruption. — Prosecute corruption vigorously and adopt a zero-tolerance policy towards corruption. — Ensure proper implementation of the law on conflict of interests. Human rights and protection of minorities — Remove provisions on the death penalty from the Republika Srpska constitution. — Improve implementation of the international conventions ratified by Bosnia and Herzegovina, including reporting requirements. — Enhance access to justice. — Strengthen the protection of the rights of women and children. — Agree on a comprehensive penitentiary reform and ensure construction of a State level prison. — Further improve the legal framework on minorities so that it fully meets the requirements of the Council of Europe Framework Convention on National Minorities and ensure implementation throughout Bosnia and Herzegovina. — Ensure proper operation of the Council of National Minorities of Bosnia and Herzegovina and the corresponding bodies at Entity level. — Develop and implement all the sectoral action plans under the national strategy for Roma as part of a comprehensive strategy on poverty alleviation and social inclusion. — Continue de-institutionalisation, community-based services and aid to dependent persons, including in the field of mental health. Regional issues and international obligations — Contribute to strengthening regional cooperation, reconciliation and good neighbourly relations, including by promoting the transition from the Stability Pact to a more regionally owned cooperation framework and effective implementation of the Central European Free Trade Agreement (CEFTA). — Enhance cooperation with neighbouring countries, notably on cross-border cooperation, the fight against organised crime, trafficking and smuggling, judicial cooperation and border management. — Contribute to solution of the outstanding border issues with neighbouring countries. — Ensure that the refugee return fund is properly funded and fully operational; contribute to full implementation of the Sarajevo Declaration; complete the process of refugee return and achieve significant progress towards their economic and social integration. Economic criteria — Strengthen macroeconomic stability by ensuring a sustainable fiscal stance and using prudential policy instruments to preserve financial stability in the light of rapid development in financial intermediation. — Accelerate the privatisation process, with the objective of transferring 5-10 % of the publicly owned capital to the private sector, with the Federation targeting the upper limit. — Develop fiscal surveillance mechanisms based on fiscal rules and institutional cooperation that promote fiscal discipline within Entities and between Entities and State institutions; ensure the adequate environment for institutional cooperation within the framework of a properly functioning National Fiscal Council. — Finalise the reconciliation of domestic claims in line with the repayment capacity of the budget and put public debt on a sustainable and declining trend. — Improve corporate governance by achieving substantial progress with the restructuring and liquidation of loss-making publicly owned enterprises. — Ensure that the commercial courts function properly and, in particular, enhance the capacity of courts to process corporate bankruptcy/liquidation procedures more efficiently. — Strengthen legal certainty for local and foreign economic operators and improve business environment. European standards Internal market Free movement of goods — Improve and implement the legal framework for standardisation, metrology, accreditation and certification of products to bring it into line with EU standards and best practice; further approximate technical regulations with those of the acquis; enhance the capacity of the quality infrastructure and institutions, and create the legal basis for conformity assessment procedures. — Ensure continuing progress in adopting European standards (ENs). — Establish an internal consultation and notification mechanism for new technical regulations prior to adoption of measures with an impact on trade. — Ensure that the market surveillance agency is fully functioning and continue to take steps to establish a market surveillance structure responding to the requirements of the acquis on free movement of goods. — Adopt the State law on pharmaceutical and medical devices and establish the State Pharmaceutical Agency. Movement of persons, services and right of establishment — Bring banking supervision to State level (together with the ancillary supervision activities) and ensure that this supervisory authority functions effectively, in line with the Basel core principles for effective banking supervision. — Adopt the State level laws on obligations. — Ensure that the insurance agency of Bosnia and Herzegovina functions properly and guarantees the existence of a single internal insurance market. — Create a consistent legislative and regulatory framework for the capital markets to ensure the existence of a single economic area and create an adequate institutional setting for coordination of capital markets policies and legislation. Free movement of capital — Make further progress on the elimination of restrictions on outward transfers of capital. Customs and taxation — Further approximate customs and tax legislation and procedures with the acquis and ensure that the Bosnia and Herzegovina tariff is timely updated on the basis of the most recent Combined Nomenclature. — Ensure that the legal framework for free zones is compatible with EU standards and guarantees adequate supervision of free zones. — Ensure proper implementation of rules of origin, including diagonal cumulation. — Implement customs valuation rules in accordance with international standards and practices. — Dismantle taxes with an effect equivalent to a customs duty (customs fees for the processing of customs declarations). — Further improve the administrative capacity to implement customs and tax legislation and to fight against corruption, cross-border crime and fiscal evasion. — Agree on a permanent formula for allocation of indirect tax revenue between the State, Entities and Brčko district. — Commit to the principles of the Code of Conduct for business taxation and ensure that new tax measures are in compliance with these principles. Competition — Improve existing anti-trust legislation in line with the requirements of the Stabilisation and Association Agreement and strengthen the administrative capacity of the Competition Council. — Accelerate preparations in the field of State aid, notably by adopting the necessary legislation, by establishing an operationally independent public State aid monitoring authority and by ensuring the transparency of all aid granted in Bosnia and Herzegovina. Public procurement — Ensure that the single public procurement system functions properly and implement public procurement legislation and procedures. Continue developing administrative capacity. Intellectual property law — Make the Institute for Intellectual Property fully operational so that it can carry out its tasks effectively and implement and enforce the current legal framework. — Prepare an action plan for building the necessary capacity to implement and enforce intellectual property laws, with particular focus on the need to provide specialised training for law enforcement bodies, judges, prosecutors and customs officials. — Improve cooperation among law enforcement bodies and between all relevant stakeholders with the aim of strengthening enforcement and start developing public awareness campaigns. Employment and social policies — Further develop social inclusion and social protection policies. — Develop mechanisms for a social dialogue. — Make further efforts improve the situation of persons with disabilities. — Develop adequate administrative structures and capacity in the field of consumer and health protection. Education and research — Implement the State level Law on higher education, paving the way for implementation of the main components of the Bologna process and the Lisbon Recognition Convention. — Resolve fragmentation of the educational system and the overlap of functions between different levels of organisation. Strengthen policy development and strategic planning to improve the quality of education. — Take measures to prevent segregation of children along ethnic lines at school. — Sign and ratify the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions. — Start designing an integrated research policy. WTO issues — Continue the reforms necessary to comply with WTO rules and obligations and continue the work towards achieving WTO accession. Sectoral policies Industry and SMEs — Create a coherent legal and institutional framework for SMEs in order to implement the SME Charter properly. — Adopt the proposed country-wide strategy on SMEs and set in place the required minimal capabilities at the State level to ensure a coherent and coordinated SME policy in the whole country, including a national SME Agency and a forum for dialogue and consultation with SMEs. — Develop a comprehensive industrial policy. Agriculture and fisheries — Adopt the Law on Agriculture, Food and Rural Development and ensure an adequate legal framework for harmonised implementation of agricultural, food and rural development policies. Develop a comprehensive agricultural strategy at State level. — Strengthen administrative capacity at State level as regards agriculture, food and rural development in order effectively to coordinate implementation of market and rural development policies throughout the whole country. Work towards the establishment of a State level Ministry of Agriculture, Food and Rural Development with sufficient resources to implement its tasks. — Ensure adoption of legislation compliant with the European standards in the food safety, veterinary and phytosanitary sectors and start to implement it. — Enhance laboratory and inspection capacity in the food safety, veterinary and phytosanitary sectors, establish reference laboratories and develop sampling procedures in compliance with EU requirements. — Improve the system for identification of bovines and registration of their movements and start identification of pigs, sheep and goats and registration of their movements. Environment — Adopt a State environmental law to create the framework for nationwide harmonised environmental protection. — Further implement legislation on environmental impact assessment. — Ratify and start implementing relevant international conventions, including the Aarhus and Espoo Conventions. — Establish and ensure proper functioning of the State Environment Agency. — Further strengthen the administrative capacity of the environment-related institutions, in particular at State level, and improve communication and coordination between those institutions. Energy — Fulfil the obligations arising from the Energy Community Treaty since 1 July 2007 as regards the full implementation of the acquis on the internal gas and electricity market and on cross-border exchanges in electricity. — Develop and adopt a comprehensive energy strategy. Transport policy — Continue the implementation of the requirements of the Memorandum of Understanding on the Development of the South East Europe Core Regional Transport Network, including the Addendum on a SEE Rail Transport Area Coordinate and consolidate at State and Entities level the transport infrastructure planning in view of a consistent prioritisation of transport projects along the South East Europe Core Regional Transport Network. — Approximate to the road transport acquis (technical and safety standards, social rules and access to the market). — Fully implement the State Law on Railways. Prepare railway network statement for open access to infrastructure use. — Implement commitments taken under the first transitional phase of the European Common Aviation Area Agreement, including the implementation of the relevant aviation legislation. Information society and media — Adopt the Law on the Information Society Agency and establish the Agency. — Implement and enforce the regulations on telecommunications/electronic communications aiming at a fully liberalised and competitive market. Introduce the necessary competitive safeguards in the market. — Maintain the independent position of the Communications Regulatory Authority. Strengthen its administrative capacity. Financial control — Develop and adopt a public internal financial control strategy. — Adopt and implement legislation on public-sector internal control and audit. Statistics — Implement the agreement between the Entities in the statistical system on improvement of the work of the Central Statistical Agency in Bosnia and Herzegovina and improve the range and quality of statistics, in particular at State level. — Improve the collection and processing of agriculture statistics in line with EU standards and methodology. — Improve the quality and coverage of statistics on consolidated government accounts. — Establish the legislative framework necessary for carrying out the population census. Agree on a target date for the census and start preparations for implementing it. Justice, freedom and security Visa, border control, asylum and migration — Provide adequate staffing for the migration section within the Ministry of Security and adequate facilities, equipment, staffing and training for the Department for Foreigners Affairs. — Adopt a State level migration strategy and the new Law on movements and stays of aliens. — Implement the EC/Bosnia and Herzegovina readmission agreement and negotiate readmission agreements with the countries of origin of transiting migrants. — Ensure that reception centres meet international standards and assume full ownership of their financing and management. — Adopt and implement the revised national strategy on integrated border management (IBM), based on the IBM guidelines for the Western Balkans, plus the corresponding national action plan. — Further improve border crossing points. Money laundering — Fully staff the Financial Intelligence Unit. — Further improve legislation against money-laundering, including implementation and enforcement. Drugs — Develop a State level drugs policy in compliance with European standards. — Ensure full functioning of a State level office for narcotics. Police — Further strengthen the State Investigation and Protection Agency, notably by completing recruitment of its staff. Fighting organised crime and terrorism — Prepare and implement all the action plans provided for by the national strategy to combat organised crime. — Update and implement the national action plan for combating trafficking of human beings. — Ratify the Council of Europe Convention on action against trafficking in human beings. — Reinforce the fight against organised crime and international cooperation with law enforcement agencies. — Take additional measures to protect victims of trafficking and ensure adequate implementation of the witness protection legislation. — Enhance the capacity of the State Investigation and Protection Agency in the fight against terrorism and reinforce international cooperation in this area, including by means of proper implementation of international conventions. Protection of personal data — Establish an independent supervisory authority (data protection agency) with sufficient powers and sufficient financial and human resources. 3.2. MEDIUM-TERM PRIORITIES Political criteria Democracy and the rule of law Constitution/governance — Continue the process to agree on and adopt changes to the constitution of Bosnia and Herzegovina that will contribute to creating more functional and fiscally sustainable institutional structures, improving respect for human and fundamental rights and supporting the process of European integration. — Ensure continued progress with taking full national responsibility for policy formulation and decision-making. Public administration — Implement the public administration reform and ensure its sustainability. Increase the capacity for progressive legal harmonisation and implementation of the acquis. Judicial system — Implement the strategy for development of the justice sector, consolidate an independent, reliable and efficient judiciary that guarantees the rule of law and equal access of citizens to justice and guarantee that courts have the technical equipment and financial means necessary to impart justice efficiently and properly. Human rights and protection of minorities — Ensure that the national legislation is fully compatible with the European Convention for Human Rights. — Ensure protection of minorities in accordance with EU and international standards; fully implement the national strategy for Roma and its sectoral action plans; develop data that can serve as sound basis to foster further developments of social inclusion strategies, action plans and their evaluation. Regional issues and international obligations — Further promote regional dialogue, stability, good neighbourliness and cooperation. — Bring the agreement concluded with the USA regarding the conditions of surrender of people to the International Criminal Court into line with the EU guiding principles adopted by the European Council in September 2002. Economic criteria — Improve the quality of public finances by reducing public expenditure relative to GDP, restructuring spending towards growth-enhancing categories and strengthening the economic policy planning capacity. — Complete the privatisation process and liquidate the remaining loss-making publicly owned enterprises that cannot be sold. — Improve participation in the formal economy by reducing social contribution rates and reforming the pension system and facilitate the mobility of labour across the country. — Step up the unbundling of network industries in order to open up the electricity, gas and telecommunications markets to additional suppliers with a view to increasing competition and efficient allocation of resources. — Continue reforms in the areas of registration of property, enforcement of contracts, bankruptcy procedures, registration, taxation and licensing of businesses in order to improve the business environment and promote entrepreneurship. Eliminate overlapping regulations imposed by different levels of government and inter-entity double taxation for companies. European standards Internal market Free movement of goods — Continue with the establishment of the quality infrastructure, with the approximation of the legislation in the areas of standards, certification, metrology, accreditation and conformity assessment to the acquis, and with the transposition of new and global approach and old approach directives. — Make further progress in adopting European standards and speed up efforts to become a full member of the European Committee for Standardisation, of the European Committee for Electro-technical Standardisation and the European Telecommunications Standards Institute. — Establish a market surveillance system compliant with European standards. Customs and taxation — Ensure continued approximation of customs and taxation legislation to the acquis and further increase administrative capacity to implement this legislation and to fight corruption, cross-border crime and fiscal evasion. — Improve the transparency and exchange of information within the region and with the EU in order to facilitate enforcement of measures preventing avoidance or evasion of taxes. Competition — Implement State aid legislation and ensure that the State aid monitoring authority functions effectively. — Produce a comprehensive State aid inventory. Public procurement — Ensure that the legal framework for public procurement is compatible with the acquis and that public procurement procedures are implemented properly. Employment and social policies — In the area of mental health, develop community-based services as an alternative to institutionalisation, taking into account allocation of sufficient financial resources for mental health care. Education and research — Take measures to improve the education system, including primary education, and to create a modern vocational education and training system. — Promote the regional cooperation in the field of higher education. Statistics — Develop reliable economic statistics and build up institutional capacity to produce and publish basic statistical data harmonised with European standards, in particular in the areas of national accounts, agricultural, macro-economic and business statistics, and social statistics, including education, labour and health statistics. — Carry out the population census. Sectoral policies Industry and SMEs — Ensure implementation of the SME Charter. — Ensure implementation of the industrial policy. Agriculture and fisheries — Implement the comprehensive State level agricultural strategy throughout the whole country. — Further strengthen the State level capacity for coordination and harmonisation of agricultural, food and rural development policy, reinforce implementation mechanisms and further approximate with the acquis. — Continue adoption of compliant legislation in the food safety, veterinary and phytosanitary sectors and develop an effective system of controls. — Assess the compliance of agri-food establishments with EU requirements and prepare and start a programme for upgrading those establishments. Environment — Continue work on progressive transposition of the acquis, with particular emphasis on waste management, water quality, air quality, nature protection and integrated pollution prevention and control. — Implement strategic plans, including investment strategies, and increase investments in environmental infrastructure, with particular emphasis on waste water collection and treatment, drinking water supply and solid waste management. — Ensure integration of environmental protection requirements into definition and implementation of other sectoral policies. Transport policy — Create the conditions for competition on the railway track, including rail regulatory and safety institutions. — Ensure further approximation of legislation to the transport acquis, notably as regards technical and safety standards (including the implementation of the digital tachograph), social standards and market liberalisation. — Implement commitments taken under the second transitional phase of the European Common Aviation Area Agreement. Energy — Accelerate the reform of energy utilities, in particular in the power and gas sectors, implement the Entities' action plans for restructuring the power sector, develop and implement concomitant plans regarding reform of the coal sector, establish a transmission system operator and distribution system operators in the gas sector and develop the internal gas market. — Ensure a consolidated system of regulation of power and gas, ready to include other energy sectors, in line with the Energy Community Treaty and, in parallel, ensure that issues related to socially vulnerable customers are addressed. Information society and media — Fully implement public broadcasting legislation and complete the structural reform of the public broadcasting sector. — Align legislation with the EU regulatory framework for electronic communication networks and services and ensure implementation and enforcement. — Align with the European Convention on Trans-frontier Television and the Television without Frontiers directive. Financial control — Implement the public internal financial control policy paper and action plan. — Strengthen the operational and functional capacity and financial independence of the supreme audit institutions. — Develop procedures and administrative capacity to ensure effective protection of the EU's financial interests. Justice, freedom and security Visa, border control, asylum and migration — Implement visa, asylum and migration policies in compliance with EU standards. — Further improve border management, with special emphasis on border infrastructure and surveillance of the green border. Money laundering — Ensure continued improvement of the enforcement record regarding money laundering. Drugs — Ensure that law enforcement bodies are properly equipped to fight drug trafficking. Achieve satisfactory inter-agency and international cooperation, leading to considerably improved results in this area. Police — Fully implement police reform. Fighting organised crime and terrorism — Achieve significant results against organised crime, all types of trafficking and terrorism and ensure proper prosecution. Protection of personal data — Implement the national law on personal data protection in line with the acquis and ensure efficient monitoring and enforcement. 4. PROGRAMMING Community assistance under the stabilisation and association process to the Western Balkan countries will be provided under the existing financial instruments, in particular by Regulation (EC) No 1085/2006 (IPA), and for programmes adopted before 2007, Regulation (EC) No 2666/2000 (CARDS Regulation) (1). The financing agreements serve as legal basis for the implementation of the concrete programmes. Accordingly, this Decision will have no financial implications. Bosnia and Herzegovina can have access to funding from multi-country and horizontal programmes. 5. CONDITIONALITY Assistance to the Western Balkan countries is conditional on progress on satisfying the Copenhagen criteria and on meeting the specific priorities of this European Partnership. Failure to respect these conditions could lead the Council to take appropriate measures on the basis of Article 21 of Regulation (EC) No 1085/2006 or, in the case of pre-2007 programmes, on the basis of Article 5 of Council Regulation (EC) No 2666/2000. The assistance is also subject to the conditions defined by the Council in its conclusions of 29 April 1997, in particular as regards the recipients' undertaking to carry out democratic, economic and institutional reforms. Specific conditions are also included in individual annual programmes. The financing decisions will be followed by a financing agreement signed with Bosnia and Herzegovina. 6. MONITORING Implementation of the European Partnership will be examined by the mechanisms established under the Stabilisation and Association Process, notably the annual reports presented by the Commission. (1) OJ L 306, 7.12.2000, p. 1. Regulation as last amended by Regulation (EC) No 2112/2005 (OJ L 344, 27.12.2005, p. 23).

Summary: European Partnership with Bosnia and Herzegovina European Partnership with Bosnia and Herzegovina The European Partnership – an instrument of the Stabilisation and Association Process – is intended to provide additional, tailored support to the Government of Bosnia and Herzegovina in order to realise the country’s European perspective. Its aim is to identify priority areas where further efforts and reforms are required, calling in particular for Bosnia and Herzegovina to bring its legislation into line with that of the Community. It also provides a reference framework for Community aid. ACT Council Decision 2008/211/EC of 18 February 2008 on the principles, priorities and conditions contained in the European Partnership with Bosnia and Herzegovina and repealing Decision 2006/55/EC. SUMMARY The European Partnership with Bosnia and Herzegovina is the main instrument for assisting the authorities of Bosnia and Herzegovina in realising their country’s European perspective, confirmed at the Zagreb summit in 2000 and reinforced at the Thessaloniki summit in 2003. The European Partnership with Bosnia and Herzegovina is an instrument of the Stabilisation and Association Process, which was introduced for the countries of the western Balkans concerned under the Thessaloniki agenda (2003). The European Partnerships are modelled on the accession partnerships with the candidate countries. The partnerships for the Western Balkan countries have Regulation (EC) No 533/2004 as their legal basis. OBJECTIVE The objective of the European Partnership is to register in a single framework: the priority areas for reform where efforts are required; these are identified according to the country’s requirements and relate to the adoption and implementation of legislation; guidelines for determining the various areas for the allocation of financial assistance in accordance with the priorities identified; the principles and conditions governing implementation of the partnership. The Council of the European Union adopts the European Partnership, and its subsequent amendments, by a qualified majority on the basis of a proposal from the Commission. The current Partnership updates and adapts the previous Partnership, adopted in 2006. European Partnerships are flexible instruments designed to reflect the progress made by the countries concerned. They highlight the efforts still required in other areas as identified by the Commission’s evaluations. With a view to achieving the objectives identified in the European Partnership, Bosnia and Herzegovina must adopt a national plan setting out procedures and a programme for implementing the priorities of the Partnership. Implementation of the Partnership is monitored within the framework of the Stabilisation and Association Process and its mechanisms, particularly through the Commission's annual progress report, which evaluates the progress made and the work that remains to be done. PRIORITIES The European Partnership establishes priorities which are both realistic and attainable goals. In this regard, a distinction is made between short-term and medium-term priorities, which are expected to be achieved within one to two years and within three to four years respectively. The main priorities identified for Bosnia and Herzegovina relate primarily to its capacity to meet: the Copenhagen criteria defined in 1993; the conditions set for the Stabilisation and Association Process (Council conclusions of 29 April 1997 and of 21 and 22 June 1999); the 2000 Zagreb declaration; and the Thessaloniki Agenda of 2003. The short- and medium-term priorities are classified as follows: the key priorities are short-term priorities. They entail the reform of the police forces; full cooperation with the International Criminal Tribunal for the former Yugoslavia (ICTY); reform of public broadcasting; implementation of the public-administration reform strategy adopted in 2006; reinforcement of administrative capacities in order to implement the Stabilisation and Association Agreement (SAA); settlement of bilateral issues; creation of an internal single economic space; correction of structural rigidities impeding the functioning of the labour market; and improvement of the functioning and viability of institutional structures; and respect of human rights and fundamental freedoms, including, if necessary, by reforming the constitutional framework; the political criteria, which include democracy and the rule of law (constitution; governance, electoral legislation, public administration and service, the judicial system and anti-corruption policy), human rights and the protection of minorities (repeal of the death penalty in the constitution of the Republika Srpska; compliance with international standards and conventions, including those of the Council of Europe; access to justice; reform of the prison system; social inclusion; and the rights and protection of minorities, including the Roma), regional issues and international obligations; the economic criteria, which include macroeconomic and financial stability, the acceleration and completion of privatisations, budgetary supervision mechanisms, the quality of public finances, the reconciliation of domestic claims, greater legal certainty for economic operators, better corporate governance and a better (legal, regulatory, tax, judicial, etc) environment for companies and business, and preparations for membership of the World Trade Organisation (WTO); European standards relating to the Community acquis as regards the internal market, EU sectoral policies and the area of justice, freedom and security. Bosnia and Herzegovina must endeavour to bring its legislation into line with the Community acquis in these areas and ensure its implementation. The Commission's assessments of developments in Bosnia and Herzegovina are based in particular on the priorities identified by the Partnership. FINANCIAL FRAMEWORK The Instrument for Pre-Accession Assistance (IPA) is the basis for financial assistance to Bosnia and Herzegovina in the period 2007-2013. In the period 2000-2006, this assistance totalled EUR 502.8 million (CARDS programme). Under the Multiannual Indicative Financial Framework for 2009‑2011, EUR 440.1 million in financial assistance for national programmes is expected to be provided under the IPA in the period 2007‑2011. The European Partnership with Bosnia and Herzegovina serves as a reference point in this process for determining the different areas where funds are allocated (according to priorities). The programming documents provide the actual legal framework for the financial assistance. Nonetheless, financial assistance is conditional upon recipient countries abiding by the essential elements which govern their relations with the EU, particularly the effective implementation of reforms. Under the European Partnership, Bosnia and Herzegovina is under an obligation to comply with the Copenhagen criteria and the priorities defined by the Partnership. Apart from other donors, Bosnia and Herzegovina is also eligible for funding from the European Investment Bank (EIB), principally under its mandate for granting regional loans to the EU’s south-eastern neighbours. This mandate covers the candidate countries for EU accession and the countries of the Western Balkans. The financing provided by the EIB takes the form of grants and loans. References Act Entry into force Deadline for transposition in the Member States Official Journal Decision 2008/211/EC 22.3.2008 - OJ L 80 of 19.3.2008 RELATED ACTS Communication of from the Commission to the Council and the European Parliament 5 March 2008 - Western Balkans: enhancing the European Perspective [COM(2008) 127 final – Not published in the Official Journal]. Communication from the Commission of 27 January 2006 – The Western Balkans on the road to the EU: consolidating stability and raising prosperity [COM(2006) 27 – Not published in the Official Journal]. BILATERAL RELATIONS Proposal for a Council and Commission Decision of 8 April 2008 concerning the conclusion of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part [COM(2008) 182 final – Not published in the Official Journal]. Council Decision of 16 June 2008 concerning the signing and conclusion of the Interim Agreement on trade and trade-related matters between the European Community, of the one part, and Bosnia and Herzegovina, of the other part [OJ L 169, 30.6.2008]. Council Regulation (EC) No 594/2008 of 16 June 2008 on certain procedures for applying the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part, and for applying the Interim Agreement on trade and trade-related matters between the European Community, of the one part, and Bosnia and Herzegovina, of the other part [OJ L 169, 30.6.2008]. FINANCIAL ASSISTANCE Council Regulation (EC) No 1085/2006 of 17 July 2006 establishing an Instrument for Pre-Accession Assistance (IPA) [Official Journal L 210 of 31 July 2006]. Multiannual Indicative Financial Framework (MIFF) for: 2008‑2010 [COM(2006) 672 final – Not published in the Official Journal]; 2009‑2011 [COM(2007) 689 final – Not published in the Official Journal]. Multiannual Indicative Planning Document 2007‑2009 for Bosnia and Herzegovina. EVALUATION Reports for previous years are available on the website of the European Commission's Directorate-General for Enlargement. Last updated: 16.06.2010