Explanatory Memorandum to COM(2011)591 - EU position with regard to proposals for amending Appendices I and II to the Convention on the conservation of migratory species of wild animals at the tenth meeting of the Conference of the Parties

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dossier COM(2011)591 - EU position with regard to proposals for amending Appendices I and II to the Convention on the conservation of migratory ...
source COM(2011)591 EN
date 29-09-2011
1. The Convention on the conservation of migratory species of wild animals (also known as the CMS or Bonn Convention) aims to conserve terrestrial, marine and avian migratory species throughout their range. It is an intergovernmental treaty, concluded under the aegis of the United Nations Environment Programme, concerned with the conservation of wildlife and habitats on a global scale. The European Union has been a Party to the CMS since 1 November 1983 i.

2. The migratory species to be conserved are listed in Appendices I (endangered species) and II (species to be the subjects of agreements) to the Convention.

3. The Conference of the Parties is the decision-making body of the Convention with powers to assess the conservation status of migratory species and, subsequently, to amend Appendices I and II to the Convention.

4. In accordance with Article XI of the Convention, proposals for amendment may be made by any Party. An amendment to the Appendices enters into force for all Parties ninety days after the meeting of the Conference of the Parties at which it is adopted, except for those Parties which make a reservation.

5. The tenth meeting of the Conference of the Parties to the Convention will take place in Bergen (Norway) from 20 to 25 November 2011. For this meeting, Parties to the Convention have presented proposals to give protection to several new species by amending Appendices I and II of the Convention.

6. Two of these proposals have been made by the European Union and submitted to the Secretariat of the Convention as required by Council Decision i. It had already been assessed that these proposals are in line with the objectives of the Birds Directive i and the Regulation on the protection of species of wild fauna and flora by regulating trade therein i. Therefore, the Union should actively support adoption of these proposals it submitted itself.

7. Other Parties to the Convention submitted six proposals for amendments of Appendices I and II. None of these proposals regarding bird or mammal species would require any change in Union law. The proposals regarding the fish species Manta birostris would require a change to Union legislation on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy in order to guarantee protection to this species. The Union should support these proposals on the basis of the following considerations:  i the inclusion of such species is science-based;  i for reasons of consistency between its internal and external action; and  i the Union is committed to international cooperation for the protection of biodiversity.

8. It is therefore necessary for the Council to take a decision for the purpose of establishing the position to be adopted on behalf of the Union at the tenth meeting of the Conference of the Parties with regard to proposals for amendment.