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Manual on Compliance with and Enforcement of Multilateral Environmental Agreements
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Involving Non-Parties in CMS Subsidiary Agreements and MOUs

The Convention on the Conservation of Migratory Species of Wild Animals (CMS) has adopted a pragmatic stance with regard to non-Parties in subsidiary CMS agreements due to the nature of migratory species conservation: all range states need to coordinate their conservation activities across a migratory species’ range for conservation efforts to be successful, whether they are Parties to CMS or not. Non-Parties may participate in the negotiation and implementation of subsidiary Agreements (legally binding), MOUs (non-binding), and Action Plans (stand-alone). Many of the subsidiary agreements developed to implement CMS to protect particular migratory species have been negotiated and implemented by Parties and non-Parties working together. These agreements include:

  • 1990 Agreement on the Conservation of Seals in the Wadden Sea,
  • 1991 Agreement on the Conservation of Populations of European Bats (EUROBATS),
  • 1991 Agreement on the Conservation of Small Cetaceans of the Baltic and North Seas (ASCOBANS),
  • 1995 African-Eurasian Waterbird Agreement (AEWA),
  • 1996 Agreement on the Conservation of Cetaceans of the Black Sea, Mediterranean Sea, and Contiguous Atlantic Area (ACCOBAMS),
  • 2001 Agreement on the Conservation of Albatrosses and Petrels (ACAP).

In addition, CMS has facilitated the development of MOUs on various species, as well as an Action Plan for Sahelo-Saharan Antelopes. As a result, in addition to the 95 Parties to CMS (as of 1 March 2006), at least 23 non-Parties also participate in the broader CMS process through the subsidiary agreements and MOUs.

For more information, see http://www.cms.int  or contact secretariat@cms.int

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