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BARSELONA SÖZLEŞMESİ                                                                                                            THE BARCELONA CONVENTION


       PART III                             the protection and recovery of migratory spe-  Article 12                          to this Protocol, these Parties shall cooperate
                                            cies whose range extends into the area to whi-                                     with a view to ensurıng the protection and con-
       PROTECTION AND CONSERVATION OF SPE-  ch this Protocol applies.                      COOPERATIVE MEASURES FOR THE PROTE-  servation and, if necessary, the recovery of such
       CIES                                                                                CTION AND CONSERVATION OF SPECIES   species.
                                            5.  With  respect  to  protected  species  of  flora
       Article 11                           and their parts and products, the Parties shall   1. The Parties shall adopt cooperative measu-  6. Provided that no other satisfactory solutions
                                            regulate,  and  where  appropriate,  prohibit  all   res to ensure the protection and conservation   are available and that the exemption does not
       NATIONAL  MEASURES  FOR  THE  PROTEC-  forms  of  destruction  and  disturbance,  inclu-  of the flora and fauna listed in the Annexes to   harm the survival of the population or of any
       TION AND CONSERVATION OF SPECIES     ding the picking, collecting, cutting, uprooting,   this Protocol relating to the List of Endangered   other species, the Parties may grant exempti-
       1. The Parties shall manage species of flora and   possession of, commercial trade in, or transport   or Threatened Species and the List of Species   ons to the prohibitions prescribed for the prote-
                                                                                           whose Exploitation is Regulated.
       fauna with the aim of maintaining them in a fa-  and exhibıtıon for commercial purposes of such                         ction of the species listed in the Annexes to this
       vourable state of conservation.      species.                                       2. The Parties shall ensure the maximum pos-  Protocol for scientific, educational or manage-
                                                                                                                               ment purposes necessary to ensure the survival
       2. The Parties shall, in the zones subject to their   6. The Parties shall formulate and adopt mea-  sible protection and recovery of the species of   of the species or to prevent significant damage.
                                                                                           fauna and flora listed in the Annex relating to
       sovereignty or national jurisdiction, identify and   sures and plans with regard to ex situ reprodu-  the List of Endangered or Threatened Species   Such exemptions shall be notified to the Cont-
       compile lists of the endangered or threatened   ction, in particular captive breeding, of protec-  by adopting at the national level the measures   racting Parties.
       species of flora and fauna and accord protected   ted fauna and propagation of protected flora.  provided for in paragraphs 3 and 5 of Article 11
       status to such species The Parties shall regula-  7. The Parties shall endeavour, directly or th-  of this Protocol.    Article 13
       te  and,  where  appropriate,  prohibit  activities  rough  the  Centre,  to  consult  with  range  Sta-
       having adverse effects on such species or their  tes that are not Parties to this Protocol, with   3. The Parties shall prohibit the destruction of  INTRODUCTION  OF  NON-INDIGENOUS  OR
       habitats, and carry out management, planning  a view to coordinating their efforts to manage   and damage to the habitat of species listed in  GENETICALLY MODIFIED SPECIES
       and other measures to ensure a favourable sta-  and protect endangered or threatened species.  the Annex relating to the List of Endangered or   1. The Parties shall take all appropriate mea-
       te of conservation of such species.                                                 Threatened  Species  and  shall  formulate  and   sures to regulate the intentional or accidental
                                            8. The Parties shall make provision, where pos-  implement action plans for their conservation
       3. With respect to protected species of fauna,  sible, for the return of protected species expor-  or recovery. They shall continue to cooperate in   introduction  of  non-indigenous  or  genetically
       the Parties shall control and, where appropri-  ted or held illegally. Efforts should be made by   implementing the relevant action plans already   modified species to the wild and prohibit those
       ate, prohibit:                       Parties to reintroduce such specimens to their   adopted.                          that may have harmful impacts on the ecosys-
                                                                                                                               tems, habitats or species in the area to which
       (a) the taking, possession or killing (including,   natural habitat.                4. The Parties, in cooperation with competent  this Protocol applies.
       to  the  extent  possible,  the  incidental  taking,                                international  organızatıons,  shall  take  all  ap-
       possession or killing), the commercial trade, the                                   propriate measures to ensure the conservation   2.  The  Parties  shall  endeavour  to  implement
       transport  and  the  exhibition  for  commercial                                    of the species listed in the Annex relating to the   all  possible  measures  to  eradicate  species
       purposes of these species, their eggs, parts or                                     List of Species whose Exploitation ıs Regulated   that  have  already  been  introduced  when,  af-
       products;                                                                           while at the same time authorizing and regula-  ter scientific assessment, it appears that such
       (b)  to  the  extent  possible,  the  disturbance  of                               ting the exploitation of these species so as to   species cause or are likely to cause damage to
                                                                                                                               ecosystems, habitats or species in the area to
       wild  fauna,  particularly  during  the  period  of                                 ensure and maintain their favourable state of   which this Protocol applies.
       breeding, incubation, hıbernation or migration,                                     conservation.
       as well as other periods of biological stress.
                                                                                           5. When the range area of a threatened or en-
       4. In addition to the measures specified in the                                     dangered species extends to both sides of a na-
       previous paragraph, the Parties shall coordina-                                     tıonal frontier or of the limit that separates the
       te their efforts, through bilateral or multilateral                                 territories or the areas subject to the sovereig-
       action,  including  if  necessary,  agreements  for                                 nty or the national jurisdiction of two Parties


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