Considerations on COM(2007)821 - EC position with regard to proposals for amendments to the schedule of the International convention on the regulation of whaling - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2007)821 - EC position with regard to proposals for amendments to the schedule of the International convention on the regulation of ... |
|---|---|
| document | COM(2007)821  |
| date | December 19, 2007 |
(2) According to Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora (the Habitats Directive) i all cetacean species are listed in its Annex IV. Therefore, all whale species are strictly protected from deliberate disturbance, capture or killing within Community waters. The same Directive also prohibits the keeping, transport and sale or exchange, of specimens taken from the wild.
(3) Council Regulation 338/97/EC on the protection of species of wild fauna and flora by regulating trade therein,[16] implementing the provisions of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) in the EC, bans the introduction of cetaceans into the Community for primarily commercial purposes i.
(4) Under the Common Fisheries Policy (CFP), the Community has exclusive competence for the conservation of biological resources of the sea i.
(5) EC policy on whales will not be effective within Community waters if it is not backed by coherent worldwide action.
(6) The International Whaling Commission (IWC) is the competent international organisation regarding the conservation and management of whale stocks at global level and was set up under the International Convention for the Regulation of Whaling (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'. Membership of the IWC is only open to governments.20 Member States of the European Union are parties to the IWC i.The European Community has only observer status at the IWC and it is represented by the Commission.
(7) Commercial whaling was suspended in 1986 as a result of a moratorium agreed by the majority of countries represented in the IWC. Leading pro-whaling States have consistently contested the moratorium and still carry out whaling for what they call scientific purposes or under other exceptions.
(8) The IWC works on the basis of a Schedule that governs the conduct of whaling throughout the world. The Schedule is annexed to the Convention and is defined as an integral part of it. It is binding on Parties and provides detailed whaling regulations with respect to the conservation and utilization of whale resources.
(9) Proposals for decisions to amend the Schedule adopted within the IWC may have legal effects and affect the achievement of the objectives of Community policies and legislation in relation to cetaceans. Some of the proposals regularly put forward for decision at each meeting of the IWC aim at authorising whaling activities, through the establishment of quotas and the application of management measures, or at the setting up of whale sanctuaries, and require the establishment of a Community position.
(10) Member States have a duty of loyal cooperation under Article 10 of the EC Treaty and cannot take on obligations outside the framework of Community legislation which might affect Community rules or alter their scope.
(11) The Community being an observer, the Community position should be decided by the Council and expressed by the Member States acting jointly in the interest of the Community.
(12) At the 60th meeting of the IWC in 2008 and at future IWC meetings, the Community and the Member States should cooperate closely to ensure that any amendments to the Convention and its Schedule are consistent with the objectives of Community policies and legislation on whales.
HAS DECIDED AS FOLLOWS:
Article 1
The position of the Community at the 60th meeting of the IWC in 2008 and at future IWC meetings shall be in accordance with the Annex to this Decision and shall be expressed by the Member States acting jointly in the interest of the Community.
Article 2
Where the position referred to in Article 1 is likely to be affected by new scientific or technical information presented before or during the meetings of the IWC or where proposals are made on the spot on matters which are not yet the subject of a Community position, a position shall be established on the proposal concerned through co-ordination, including on the spot, before the proposal is put to a vote.
Done at
For the Council
The President
ANNEX
16. The overarching objective of the European Community in relation to the IWC is to ensure an effective international regulatory framework for the protection of whales.
17. Subject to any future review having regard to relevant developments, the Member States acting jointly in the interest of the Community shall take the following position on proposals for decisions by the IWC:
18. Oppose any proposal to amend the Schedule having the effect of a total or partial lifting of the moratorium on commercial whaling;
19. Support proposals to amend the Schedule for the creation of whale sanctuaries;
20. Support proposals for the continuation of aboriginal subsistence whaling, on the condition that the conservation of the relevant stocks is not compromised, having due regard to the principle of precaution and to the advice by the Scientific Committee;
21. Support proposals aimed to address comprehensively all whaling activities carried out under the different legal headings of the Convention, including scientific whaling.
22. Support proposals which are coherent with the Community position adopted in relation to the Convention on International Trade on Endangered Species (CITES) and other international agreements to which the EC is a Party;
23. Support proposals to continue the activities of the Conservation Committee and proposals to address the conservation concerns on small cetaceans;
24. Support proposals to encourage collection of scientific data using non destructive methods and research on conservation of whale populations;
25. Oppose any proposals to amend the rules of procedure of the IWC to broaden the scope of secret ballot.
[1979] ECR 2923, paragraph 6, and C-804/79, [1981] ECR 1045, paragraph 17.
[1979] ECR 2923, paragraph 6, and C-804/79, [1981] ECR 1045, paragraph 17.