Considerations on 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 ... |
|---|---|
| document | COM(2011)495  |
| date | August 25, 2011 |
2. Within the Union, Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora (the Habitats Directive)[11] lists all cetacean species as species of EU interest and requires Member States to maintain these species in, or restore them to, a favourable conservation status in those parts of their territory to which the Treaty applies. All cetaceans are listed in its Annex IV. Therefore, 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;
3. Council Regulation 338/97/EC on the protection of species of wild fauna and flora by regulating trade therein,[12] 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[13];
4. Whales are migratory species. Consequently, EU policies and legislation relating to whales will be more effective within EU waters if it is backed by coherent worldwide action;
5. 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 (ICRW) signed in 1946. Membership of the IWC is only open to governments. Currently, twenty-five Member States of the European Union are parties to the IWC[14].The European Union has observer status at the IWC and it is represented by the Commission;
6. 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;
7. Since the 60th annual meeting of the IWC in Santiago de Chile in June 2008 the IWC has been discussing a possible reform of the organisation. Member States should endeavour to participate constructively in all discussions taking account of the objective to ensure an effective international regulatory framework;
8. In view of the evolving situation within the IWC and the consequent need for the position of the EU to take account of new developments, the Commission will put forward further proposals to introduce modifications to this Decision, where appropriate;
9. 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 provides for detailed whaling regulations with respect to the conservation and utilization of whale resources. Its provisions and amendments thereto are binding on Parties unless a Party formally objects to an amendment in accordance with Article V (3) of the ICRW;
10. Proposals for decisions to amend the Schedule adopted within the IWC may have legal effects and affect the achievement of the objectives of EU policies and legislation in relation to cetaceans. Some of the proposals regularly put forward for decision at meetings 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 an EU position;
11. With due regard to the essentially environmental objectives, which the European Union should pursue in relation to the IWC at this juncture, and for the reasons of expediency in the light of the related discussions that took place in 2008, 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[15].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. Member States have a duty of sincere cooperation under Article 4 (3) of the Treaty on the European Union and cannot take on obligations outside the framework of EU legislation which might affect Union rules or alter their scope. It is essential that the Union speaks with one voice on the basis of agreed EU positions in order to effectively pursue Unions interests towards third parties. The credibility of the EU depends on the ability to present a strong, coordinated EU position;
13. The European Union being an observer at the IWC, the EU position in relation to matters within its competence should be decided by the Council and expressed by the Member States acting jointly in the interest of the Union;
14. In order to strengthen the Union's position in the context of the IWC a revision of the International Convention for the Regulation of Whaling (ICRW) signed in 1946 with the possibility for the EU to become a party to the IWC should be supported;
15. At the next five meetings of the IWC including the related inter-sessional meetings the Union and the Member States should cooperate closely to ensure that any amendments to the ICRW and its Schedule are compatible with the Union's policy and law.