Treaty obligations under RAMSAR and Bern Conventions

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Dear Department for Environment, Food and Rural Affairs,

Please can you tell me what UK legislation and procedures are in
place to ensure that the United Kingdom meets its obiligations with
regard to nature conversation under the following two treaties:
1) Ramsar Convention (formally, the Convention on Wetlands of
International Importance, especially as Waterfowl Habitat)
2) Bern Convention on the Conservation of European Wildlife and
Natural Habitats

Have any proceedings been initiated against the United Kingdom for
breach of our obligations under either convention? If so, what was
the results of such proceedings

Yours faithfully,

Tim Palmer

Department for Environment, Food and Rural Affairs

Dear Mr Palmer,

Thank you for your email of 19 June about treaty obligations under the
Ramsar and Bern Conventions.

The Bern Convention underpins much of our national law on conservation and
wildlife, and many of the principles in the Convention provide the basis
for the Wildlife and Countryside Act 1981. Although it is not part of UK
national law, and so is not enforced by our national courts, the UK is
bound to comply with it in accordance with its obligations in
international law.

Additionally the Convention has been implemented at EU level by both
Directive 2009/147/EC of the European Parliament and of the Council of 30
November 2009 on the conservation of wild birds (Birds Directive), and
Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural
habitats and of wild fauna and flora (Habitats Directive), which provide a
common framework for the conservation of wildlife and habitats within the
EU and are the key EU legal instruments for maintaining the biodiversity
of the Members States, including of course the UK.

The Bern Secretariat has, as far as we are aware, never initiated any
proceeding against the UK. In the event that the Bern Secretariat receives
correspondence from third parties raising concerns about the UK’s
implementation of the Convention or perceived breaches of it, then these
are forwarded to Defra though the Convention’s formal complaints
procedure. Such complaints are investigated by Defra and formal responses
sent through for consideration by the Bureau or the full Standing
Committee of the Convention. All of the most recent complaints against the
UK, including those relating to the badger culls, have been dismissed on
the basis of information provided and are deemed to be closed.

In regard to the Ramsar Convention, the information you have requested can
be found in the UK National Report on the implementation of the Ramsar
Convention on Wetlands, submitted to the 12th Meeting of the Conference of
the Contracting Parties, Uruguay, 2015. The report can be found here:

[1]http://www.ramsar.org/sites/default/file...
To our knowledge, the Ramsar Secretariat has never initiated any
proceeding against the UK. In the event that the Ramsar Secretariat
receives correspondence from third parties raising questions concerning
specific Ramsar sites, these are forwarded to Defra for investigation in
conjunction with the relevant national authorities.

The UK has formally requested the Ramsar Secretariat to list two UK Ramsar
sites on the ‘Montreux Record’: the Dee Estuary; and the Ouse Washes. The
Montreux Record was set up as a vehicle to facilitate open dialogue
between the relevant Contracting Party and interested stakeholders in
order to draw attention to the need for action or support for Ramsar sites
that were deteriorating as a result of human induced activities. Progress
in addressing the issues at these two sites is captured in the recent UK
report above. However, to summarise, the UK is making good progress to
address the issues affecting the sites but considers that it would be
premature to remove them from the Montreux Record at present.

Yours sincerely,

Kevin Woodhouse
Defra – Customer Contact Unit

Department for Environment, Food and Rural Affairs (Defra)

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References

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1. http://www.ramsar.org/sites/default/file...