Considerations on COM(2023)486 - EU position in the fourteenth meeting of the Conference of the Parties to the Convention on the Conservation of Migratory Species of Wild Animals (CMS) as regards proposals from various parties to amend the Appendices to that Convention

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(1) The Convention on the Conservation of Migratory Species of Wild Animals (the ‘Convention’) was concluded by the Union by Council Decision 82/461/EEC7 and entered into force on 1 November 1983.

(2) Pursuant to Article XI of the Convention, the Conference of the Parties to the Convention (the ‘Conference of the Parties’) may adopt decisions to amend the Appendices to the Convention.

(3) The Conference of the Parties, during its fourteenth meeting in early 2024, is to adopt decisions to amend the Appendices to the Convention.

(4) It is appropriate to establish the position to be taken on the Union's behalf at the meeting of the Conference of the Parties, as the decisions amending the Appendices to the Convention will be binding on the Union.

(5) The Union submitted a proposal for inclusion of the Baltic Proper population of the harbour porpoise, Phocoena phocoena, to Appendix I to the Convention. The Union should support its own proposal. This proposed amendment would not require any change in Union law.

(6) Other parties submitted proposals regarding the inclusion of Lynx lynx balcanicus, Tursiops truncatus gephyreus, Pelecanus thagus, Pluvianellus socialis, Southern African population of Gypaetus barbatus meridionalis, Carcharias taurus, Mediterranean Sea population of Glaucostegus cemiculus, Mediterranean Sea population of Aetomylaeus bovinus, Mediterranean Sea population of Rhinoptera marginata in Appendix I and regarding the inclusion of Lynx lynx, Felis manul, Lama guanicoe, Tursiops truncatus gephyreus, Pelecanus thagus, Carcharias taurus, Glaucostegus cemiculus, Aetomylaeus bovinus, Rhinoptera marginata, Brachyplatystoma rousseauxii, Brachyplatystoma vaillantii in Appendix II to the Convention.

(7) The Union should support all the above-mentioned 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 in line with decisions taken at the Conference of the Parties to that Convention.

(8) The proposals to include the species Carcharias taurus and the Mediterranean Sea populations of Aetomylaeus bovinus and Rhinoptera marginata in Appendix I of the Convention would require a change to Union law, since the current level of protection in the Union does not satisfy the requirements of Article III(5) of the Convention. Therefore, the Commission, on behalf of the Union, is to enter a reservation pursuant to Article XI(6) of the Convention with regard to the inclusion of these species in Appendix I.