Explanatory Memorandum to COM(2012)47 - EU position with regard to the proposals for amending Annexes II and III to the Protocol concerning Specially Protected Areas and Biological Diversity in the Mediterranean of the Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean at the seventeenth meeting of the Contracting Parties - Main contents
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| dossier | COM(2012)47 - EU position with regard to the proposals for amending Annexes II and III to the Protocol concerning Specially Protected Areas ... |
|---|---|
| source | COM(2012)47  |
| date | 07-02-2012 |
The Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean (Barcelona Convention) aims to prevent, abate, combat and to the fullest possible extent eliminate pollution of the Mediterranean Sea Area and to protect and enhance the marine environment in that area so as to contribute towards its sustainable development. It is an intergovernmental treaty adopted as a Regional Seas Programme under the aegis of the United Nations Environment Programme. Since 1977 the European Union has been a Party to the Barcelona Convention[1] and in 1999 it concluded the Protocol concerning specially protected areas and biological diversity in the Mediterranean and the annexes thereto (Protocol)[2].
The meeting of the Contracting Parties is the decision-making body of the Convention with powers to adopt, review and amend as required the annexes to the Convention or to its protocols, on the basis of amendments proposed by Contracting Parties. A number of proposals have been made to amend Annexes II and III to the Protocol. These proposals were submitted for evaluation to the meeting of the National Focal Points held in Marseille (France) from 17 to 20 May 2011, with a view to being adopted at the seventeenth meeting of the Contracting Parties to the Barcelona Convention and its Protocols, which will take place in Paris, France, from 8 to 10 February, 2012.
In accordance with Article 17 of the Convention and Article 14(1) of the Protocol, an amendment to the annexes to the Protocol will become effective for all Contracting Parties to the Protocol on the expiry of a period determined by the Contracting Parties concerned when adopting the amendment, except for those Contracting Parties which have opted out by notifying the Depositary. It is therefore necessary for the Council to take a decision based on Article 218(9) of the Treaty on the Functioning of the European Union (TFEU) for the purpose of establishing the positions to be adopted on behalf of the Union at the seventeenth meeting of the Contracting Parties. The Convention Secretariat has tabled a proposal to upgrade ten shark species from Annex III to Annex II during its focal point meeting in 2011, in Marseille (France). From these ten species, two (Galeorinus galeus and Isurus oxirhincus) should remain within annex III, as ICCAT will review their stock status during its next annual meeting. Moreover, the remaining two skate species (Leucoraja circularis and L. melitensis) should also be kept in Annex III but would deserve special attention. Measures should be taken to collect more data on skates in order to have accurate scientific advice in view of a revision of their possible upgrade to Annex II at a later stage.
The proposals for amendments would not require any change in Union law. They do not conflict with the Birds[3] and the Habitats i Directives or the Common Fisheries Policy (CFP)[5]. The Union should support these proposals on the basis of the following considerations: (1) they are scientifically sound; (2) for reasons of consistency between its internal and external action; and (3) the EU is committed to international cooperation for the protection of biodiversity, in accordance with Article 5 of the UN Convention on Biological Diversity, the agreements made during the last CBD Conference of the Parties in Nagoya, 2010, and the target agreed at the World Summit on Sustainable Development “to significantly reduce the current rate of biodiversity loss by 2010”.
In view of the above, at the seventeenth meeting of the Contracting Parties to the Barcelona Convention, the Union should support the adoption of the amendment to the annexes.