Explanatory Memorandum to COM(2011)495 - EU position at the next five meetings of the International Whaling Commission including the related inter-sessional meetings with regard to proposals for amendments to the International Convention on the Regulation of Whaling and its Schedule - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2011)495 - EU position at the next five meetings of the International Whaling Commission including the related inter-sessional meetings ... |
|---|---|
| source | COM(2011)495  |
| date | 25-08-2011 |
2. The Habitats Directive i lists all cetacean species in its Annex IV. This means that all whale species are protected from deliberate disturbance, capture or killing within EU waters. The same Directive also prohibits the keeping, transport and sale or exchange, of specimens taken from the wild. This legislation does not allow the resumption of commercial whaling on any stock totally or partially occurring in EU waters. Due to the migratory character of whale stocks, it is clear that the objectives of the Habitats Directive can only be achieved in full if a comparable international regulatory framework is in place.
3. Council Regulation 338/97/EC on the protection of species of wild fauna and flora by regulating trade therein,[2] implementing the provisions of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) in the EU, bans the introduction of cetaceans into the Union for primarily commercial purposes.[3] This high level of protection is further reinforced by the EC Marine Strategy i and the Marine Strategy Framework Directive i that is expected to strengthen whales' protection in the EU by fostering the overall objective of good environmental status of the EU oceans and seas.
4. Therefore, the ultimate objective of EU environmental policy in relation to whales is to seek their effective protection. The above mentioned environmental legislation ensures a high level of protection through extensive rules harmonisation.
5. EU policy on whales will not be effective within EU waters if it is not backed by coherent worldwide action. In the context of the integrated maritime policy for the EU, the Commission will work for the coordination of European interests' on international issues.
6. The International Whaling Commission (IWC) is the competent international organisation regarding the conservation and management of whale stocks at global level and it was set up under the International Convention for the Regulation of Whaling ICRW ('the Convention') signed in 1946. The purpose of the Convention is to 'provide for the effective conservation and management of whale stocks, and thus make possible the orderly development of the whaling industry' (preamble of the Convention). Membership of the IWC is only open to governments that adhere to the Convention. An amendment to the Convention allowing the EU to become a member would require the ratification of a protocol by all IWC members. The Commission adopted a proposal in 1992 i to negotiate the accession of the Union to the Convention but the Council has not given any follow up to this proposal. However, the Union has observer status thereto. In the context of the current talks about the reform of the IWC the Commission proposes to support proposals addressing the revision of the Convention including the possibility for the EU to become a party to the IWC.
7. Commercial whaling was suspended in 1986 as a result of a moratorium agreed by the majority of countries represented in the IWC. Uncertainties in the scientific analyses concerning the status of various whale stocks were the main reasons for this pause in commercial whaling. Ever since, the main issue regularly discussed at IWC meetings is whether whale stocks have recovered enough to lift the ban on commercial whaling in a controlled fashion.
8. The dual mandate of the IWC of both managing whaling and conserving whales has led to extremely polarised positions over the years between leading pro- whaling States and anti-whaling ones. Leading pro-whaling States (e.g. Japan, Iceland and Norway) have consistently contested the moratorium and still carry out whaling for what they call scientific purposes or other exceptions.
9. The general ban on commercial whaling decided within the IWC is in line with EU policies, as defined by the above-mentioned legislation. It is important that the IWC ensures that whales will be effectively protected worldwide. Therefore, the EU has to express at each IWC meeting its position on such proposals.
10. In accordance with the principle of sincere cooperation reflected in Article 4 i of the Treaty on the European Union and the principle of the unity in the external representation of the EU, it is essential that Member States prepare meetings of the IWC by reaching a common position in the Council. Such position, due to the limitations intrinsic to the observer status of the EU should be expressed by the Member States acting jointly in the interest of the EU within the IWC. It is also important that the two remaining Member States that are not yet Parties to the IWC accelerate their accession procedure. Only acting together and developing EU position the EU would stand a chance to ensure the development and enforcement of an adequate and effective international regulatory framework for the protection of whales.
11. To this end, the Commission is proposing a decision to the Council with the legal bases: 192 (environment policy) and Article 218 i for the purpose of establishing the position to be adopted on behalf of the EU in a body set up by an agreement when that body will adopt decisions with legal effects. With due regard to the essentially environmental objectives, which the European Union should pursue in relation to the IWC at this juncture, Article 43 of the Treaty on the Functioning of the European Union is not proposed as part of the operational legal basis of this decision. This is without prejudice to the exclusive competence of the European Union in the field of the conservation of the marine biological resources pursuant to the provisions of Article 3(1)(d) in conjunction with Article 38 and Annex I of the Treaty and thus of all living aquatic resources under the Common Fisheries Policy pursuant to Council Regulation (EC) No 2371/2002 i.This shall not create a precedent for any future negotiations about the conservation and management of living aquatic resources falling under the said regulation.
12. The IWC decisions to amend the Schedule to the Convention have legal effects as they become effective within a prescribed period without the need for ratification i. In virtually all IWC meetings since the entry into force of the ban, Japan has proposed amendments to the Schedule to the Convention to authorise whaling under certain conditions and de facto lift the ban for certain stocks. It is not possible for the Union to initiate and complete its internal procedures to establish its position only after other IWC Members have tabled amendment proposals as these can come until 60 days before each IWC meeting. In addition, as the proposed objective of the Union is to support the development of a comprehensive international framework covering all whaling activities and to oppose in general initiatives to lift the moratorium on commercial whaling, the Council can already establish the EU position for future IWC meetings.
13. Furthermore, the Union should also support amendments to the Schedule aimed at setting up whale sanctuaries.
14. This proposal for a Council Decision builds on the Council Decision that was adopted by the Environment Council 2 March 2009 on the basis of a proposal by the Commission i. The adoption of the Council Decision of 2009 allowed the Union to coordinate its position on a number of issues during three annual meetings of the IWC including the related inter-sessional meetings.
In view of the above, at the next five meetings of the International Whaling Commission (IWC) including the related inter-sessional meetings the Union's position shall be in accordance with the Annex to this Decision.