BENELUX CONVENTION CONCERNING HUNTING AND THE PROTECTION OF BIRDS
Brussels, 10 June 1970
The Government of the Kingdom of Belgium, the
Government of the Grand Duchy of Luxembourg, the
Government of the Kingdom of the Netherlands.
Having regard to article 6 of the Treaty instituting
the Benelux Economic Union, signed at The Hague on 3
February 1958,
Having regard to the International Convention for
the protection of birds, signed at Paris on 18 October
1950, to which the three Benelux countries are parties;
Being desirous of harmonizing the principles
governing their laws and regulations on the subject of
hunting and the protection of birds in the wild state,
which were established in the interests of land-holders,
agriculture and the efficient protection of nature;
Considering that such harmonization will make for
greater uniformity in the laws relating to the transport
of game and birds in the wild state and thereby
facilitate the elimination of formalities and inspection
measures at the frontiers between the benelux countries;
Having regard to the advice of the Benelux
Consultative Interparliamentary Council of 25 April
1970;
Have agreed on the following provisions:
Part I
HUNTING
Article 1
1. Each of the three Governments undertakes to classify
game in its national laws according to the following
categories: large game, small game, wild fowl and other
game.
2. For the purposes of this Convention, these terms
shall have the following meaning:
a) large game: European red deer (Cervus elaphus), roe
deer (roebuck) (Capreolus capreolus), fallow deer (Dama
dama) Sardinian and Corsican mouflon (Ovis musimon)
European wild boar (Sus scrofa);
b) small game: common hare (Lepus europaeus), pheasant
(Phasianus colchicus), black grouse (Lyryrys tetrix),
Hungarian (European) partridge (Perdix perdix), European
woodcock (Scolopax rusticola);
c) wild fowl, all species of goose and duck (Anatidae),
Eurasian golden plover (Pluvialis) appricarius), common
snipe (Gallinago gallinago) great snipe (Gallinago
media), jacksnipe (Lymnocryptes minimus), European coot
(Fulica atra);
d) other game: wood-pigeon (Colomba palumbus), carrion-
crow and hooded crow (Corvus corone corone and Corvus
corone cornix), rook (Corvus frugilegus), jackdaw
(Corvus monedula), common jay (Garrulus glandarius),
black-billed magpie (Pica pica), European rabbit
(Orvctolagus cuniculus), common red fox (Vulpes vulpes),
European wildcat (Felis catus), polecat (Putorius
putorius), stoat (Mustela erminea) common weasel
(Mustela nivalis), pine marten and beech (stone) marten
(Martes martes and Martes fiona), Eurasian badger (Meles
meles), Eurasian otter (Lutra lutra) and seal (Phoca
vitulina and Halichoerus grypus).
3. The Committee of Ministers, established under article
15 of the Treaty instituting the Benelux Economic Union,
may change or supplement any of the Categories specified
in paragraph 2 by decisions taken in conformity with
article 19 (a) of the Treaty for the Union.
4. Pending harmonization of the categories of game, each
of the Contracting Parties may add other species of
animal to the aforementioned categories.
Article 2
The three Governments shall consult each other
concerning the dates for the opening and closing of the
hunting season.
Article 3
Land used for shooting must have minimum dimensions. The
dimensions shall conform to the hunting requirements of
each country, it being understood that:
a) The minimum area of a single unit may not be less
than 25 hectares in the Netherlands, and north and west
of the Sambre-Meuse line in Belgium, and may not be less
than 50 hectares south of that line in Belgium and also
in Luxembourg;
b) Wild fowl may be hunted over a smaller area provided
that, at the time when hunting takes place each single
unit of land includes a stretch of water of at least one
hectare.
None of the three countries may, however prescribe
minimum areas smaller than those specified in the legal
provisions or national regulations at present in force.
Article 4
The three Governments shall consult each other
concerning the arms. ammunition, projectiles, tackle,
apparatus, procedures and methods permitted for hunting.
Article 5
l. Subject to national health provisions, the transport
and marketing of live or dead game shall be authorized
from the day of commencement of the hunting season for
that particular game until the tenth day after the close
of the season.
2. From the eleventh day after the close of the season
until commencement of the following season, the
transport and marketing of live or dead game shall be
authorized only in conformity with the regulations of
the Government in whose territory the transport or
marketing takes place.
Article 6
In the case of traffic with third countries, the
import, export and transit of live or dead game shall be
governed by the regulations in force in the partner
countries in which such operations take place.
Part II
PROTECTION OF BIRDS
Article 7
The three Governments undertake to protect the
species of birds living in the wild state in the Benelux
countries, other than the species considered to be game
under article l; to this end and without prejudice to
the provisions of article 8, the Committee of Ministers
shall determine, by decisions taken in conformity with
article 19 (a) of the Treaty of the Union, the
protective measures, and the species of birds to which
such measures apply.
Article 8
1. Each of the three Governments undertake to adjust its
national laws to ensure that it is prohibited, at all
times and in all places, to hold for sale, to sell, to
purchase or to supply birds belonging to the species
determined in accordance with article 7, as well as
their eggs, including blown eggs and their young; this
prohibition shall also apply to any mounted bird of
these species unless prior dispensation has been granted
by the competent national authorities.
2. The transport of the birds referred to in paragraph
1, and of their eggs and young, shall be authorized only
in conformity with the regulations in force in the
country in whose territory the transport takes place.
Article 9
In the case of traffic with third countries, the
import, export and transit of all live or dead birds,
and of their eggs and young, shall be permitted only
with prior authorization from the partner countries in
which such operations take place.
Part III
GENERAL PROVISIONS
Article 10
Inspection in pursuance of articles 5, 6, 8 and 9
shall be carried out within each of the countries and at
the external frontiers of Benelux, but not in connexion
with the crossing of frontiers between the Benelux
countries.
Article 11
The Committee of Ministers shall determine by
decisions taken in conformity with article 19 (a) of the
Treaty for the Union, the measures which notwithstanding
the provisions of article 5, paragraph 2, article 6,
article 8, paragraph 2, and article 9, need to be taken
in one or more countries to avoid any detriment to the
interests of partner countries.
Article 12
Each of the three countries retains the right to
maintain or to introduce legislative provisions for the
regulation of matters not covered by this Convention,
provided that such provisions are not incompatible with
the Convention.
Article 13
1. Each of the three Governments retains the right,
subject to the prior approval of the Committee of
Ministers, recorded in a decision taken in conformity
with article 19 (a) of the Treaty for the Union, to
authorize departures from the provisions of this
Convention in the interest of science or nature
conservation or for the purpose of preventing damage.
2. In cases of emergency, however, each of the
Governments may adopt and apply measures which depart
from the provisions of this Convention, over a maximum
period of three months, pending decision by the
Committee of Ministers. The other Governments shall be
informed of such provisional application through the
Secretary-General of the Benelux Economic Union.
Article 14
In pursuance of article l, paragraph 2, of the
Treaty relating to the institution and statute of a
Benelux Court of Justice, the provisions of this
Convention shall be designated as common legal rules for
the application of chapters III and IV of the aforesaid
Treaty.
Article 15
In the case of the Kingdom of the Netherlands this
Convention shall apply only to territory in Europe.
Article 16
1. This Convention shall be subject to ratification. The
instruments of ratification shall be deposited with the
Secretary-General of the Benelux Economic Union, who
shall inform the Contracting Parties of the deposit of
such instruments.
2. It shall enter into force on the first day of the
second month following the date of deposit of the third
instrument of ratification.
3. It shall remain in force for the same period as the
Treaty instituting the Benelux Economic Union.
In Witness Whereof the undersigned, duly authorized
for the purpose, have signed this Convention.
Done at Brussels on l0 June 1970, in triplicate, in
the Dutch and French languages, both texts being equally
authentic.
Declarations
"I. The Royal Ministry of Justice and Police is
designated as the Central Authority with reference to
article 2 and as the Competent Authority with reference
to articles 15, 16 andl7.
"II. With reference to article 4, paragraphs 3, the
Kingdom of Norway declares that letters in the Danish or
Swedish languages can be sent to the Central Authority.
"III. By accepting Letters of Request in another
language than the Norwegian, the Kingdom of Norway does
not undertake to execute the request or transmit the
evidence thus obtained in this other language, nor to
have translated the documents which establish the
execution of the letter of request.
"IV. By virtue of article 15, evidence can be taken by
diplomatic officers or consular agents only if, upon
application, prior permission to that effect
has been granted.
"V. By virtue of article 23, the Kingdom of Norway
declares that it will not execute Letters of Request
issued for the purpose of obtaining pretrial discovery
of documents as known in Common Law countries."
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