Considerations on COM(2017)455 - EU position on proposals amending appendices of the Convention on the conservation of migratory species of wild animals at the 12th meeting of the Conference of the Parties

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dossier COM(2017)455 - EU position on proposals amending appendices of the Convention on the conservation of migratory species of wild animals at ...
document COM(2017)455 EN
date August 28, 2017
 
(1) The Convention on the conservation of migratory species of wild animals (‘the Agreement’) was concluded by the Union by Council Decision 82/461/EEC of 24 June 1982 3 and entered into force on 1 November 1983;

(2) Pursuant to Article XI of the Agreement, the Conference of the Parties may adopt a decision to amend the appendices of the Agreement; 

(3) The Conference of the Parties, during its twelfth meeting on 23-28 October 2017, is to adopt a decision on amending Appendix I and Appendix II of the Agreement;

(4) It is appropriate to establish the position to be adopted on behalf of the Union in the Conference of the Parties, as the decision will be binding upon the Union;

(5) The Union should support all proposals because they are science-based, in line with the Union's commitment to international cooperation for the protection of biodiversity in accordance with Article 5 of the UN Convention on Biological Diversity and decisions taken at the Conference of the Parties under that Convention, in particular with the global target agreed at the Tenth meeting: 'By 2020 the extinction of known threatened species has been prevented and their conservation status, particularly of those most in decline, has been improved and sustained', and will not require a change of existing Union law;

(6) The mammals Pan paniscus, Equus africanus, Equus ferus przewalski, Ursus arctos isabellinus and Pusa caspica do not occur in the EU. Hence adding these species to Appendix I to the Convention would not require any change in Union law;

(7) The mammals Pan troglodytes, Equus africanus, Lasiurus cinereus, Lasiurus borealis, Lasiurus blossevillii, Lasiurus ega, Panthera leo, Panthera pardus, Gazella bennettii and Giraffa camelopardalis do not occur in the EU. Hence adding these species to Appendix II would not require any change in Union law;

(8) The birds Fregata andrewsi, Gyps bengalensis, Gyps indicus, Gyps tenuirostris, Sacrogyps calvus, Gyps coprotheres, Necrosyrtes monachus, Trigonoceps occipitalis, Anous minutus worcesteri and Emberiza sulphurata do not occur in the EU except for overseas territories which fall outside the scope of the Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds. Hence adding these species to Appendix I and II to the Convention would not require any change in Union law;

(9) The birds Aquila nipalensis, Gyps africanus, Gyps rueppelli and Torgos tracheliotos are covered by Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds 4 . Hence adding these species to Appendix I and Appendix II of the Convention would not require any change in EU law;  

(10) The fish species Rhincodon typus, Squatina squatina, Rhinobatos rhinobatos, Carcharinus obscurus, Prionace glauca and Rhynchobatus australiae fall under the Common Fisheries Policy which offers the appropriate instruments for the EU to contribute to managing their protection;

(11) Furthermore, the fishing and retention of species Squatina squatina and Rhinobatos rhinobatos are prohibited under Council Regulation 2017/127 5 and their Mediterranean populations are strictly protected (retention ban) by GFCM 6 ;

(12) Furthermore, the species Rhincodon typus is listed on Appendix II of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and Annex B of the EU Wildlife Trade Regulation 7 and currently regulated by the Indian Ocean Tuna Commission (IOTC), the Western and Central Pacific Fisheries Commission (WCPFC) and the Inter-American Tropical Tuna Commission (IATTC);

(13) The Union should promote efforts to consider how to make best use of all available and relevant scientific information and to improve the framework of cooperation between relevant multilateral and regional instruments through advocating consistency and complementarity;

(14) In this spirit also noting the importance of Ocean Governance objectives in line with the Joint Communication on International Ocean Governance 8 ;

(15) To the extent that the Convention on the conservation of migratory species of wild animals falls both within the competence of the Union and the competence of the Member States, the Commission and the Member States should cooperate closely for the adoption of the amendments to the Appendices of the Convention, aiming for unity in the international representation of the Union.

(16) In the Conference of the Parties, the Union is to be represented by the Commission in accordance with Article 17(1) TEU. The Member States are to support the position of the Union in accordance with Article 4(3) TEU.