Reservations with Respect to Amendments to Appendices I and II of the Convention
Recognizing that, in accordance with Article XIV of the Convention on the Conservation of Migratory Species of Wild Animals (the CMS Convention), a State may, when it becomes a Party to the Convention, enter a reservation with respect to any species included in Appendix I or II or both, and that, in this case, it shall be not be regarded as a Party in regard to the subject of that reservation until it withdraws such reservation,Recognizing that, when Appendix I or II is amended in accordance with Article XI of the Convention, any Party may, within 90 days, make a reservation with respect to the amendment and that the withdrawal of such a reservation shall become effective 90 days after the date on which the reservation is withdrawn, unless a later date has been set by the Party withdrawing the reservation,Aware that excessive use of reservations could limit the effectiveness of the Convention and therefore reservations should be withdrawn when no longer necessary,Considering that, if a species is removed or delisted from the Appendices, any reservation entered in relation to that species ceases to be valid,Considering also that all Parties should interpret the Convention in a uniform manner.The Conference of the Parties to the Convention on the Conservation of Migratory Species of Wild Animals1.Stresses that reservations with respect to an amendment to Appendix I or II must be submitted by notification in writing to the Depositary Government within 90 days after the meeting in accordance with Article XI, paragraph 6 of the Convention;2.Requests the Depositary Government, in accordance with Article XI, paragraph 6 of the Convention, not to accept any reservations entered after the 90-day deadline;3.Agrees that the date mentioned in article XI, paragraph 6, for withdrawal of a reservation to an amendment, is the date upon which the Depositary Government receives the written notification of withdrawal;4.Agrees that the withdrawal of a reservation to an amendment shall become effective 90 days after the Depositary Government received the written notification of withdrawal, unless a later date has been set by the Party withdrawing the reservation;5.Recommends that, in the case of a species’ removal or delisting from one Appendix of the Convention and simultaneously being included in another, the removal or delisting shall render invalid any reservation that was in effect in relation to the species. Consequently, any Party that wishes to maintain a reservation in relation to the species must enter a new reservation in accordance with Article XI, paragraph 6; and6.Instructs the Secretariat and the Depositary Government to remind affected Parties explicitly of the reservations that will be rendered invalid, in time for the Parties to renew their reservations if they so desire.