Annexes to COM(2007)821 - EC position with regard to proposals for amendments to the schedule of the International convention on the regulation of whaling

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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.


[1] Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora, OJ L 206, 22.7.1992, p. 7.

[2] OJ L 61, 3.3.1997, p. 1.

[3] In addition, Council Regulation (EEC) 348/81 on common rules for imports of whales and other cetacean products only allows imports of listed products if they are not used for commercial purposes.

[4] Communication from the Commission to the Council and the European Parliament: Thematic strategy on the protection and conservation of the Marine Environment COM(2005) 504 final.

[5] Proposal for a Directive of the European Parliament and of the Council establishing a Framework for Community Action in the field of Marine Environmental Policy COM(2005) 505 final.

[6] See for instance Cases C-141/78 [1979] ECR 2923, paragraph 6, and C-804/79, [1981] ECR 1045, paragraph 17.

[7] See Art. 32, paragraph 3 of the EC Treaty

[8] OJ L 358, 31.12.2002, p.59.

[9] See e.g. Council Decision 2005/938/EC on the approval on behalf of the European Community of the Agreement on the International Dolphin Conservation Programme, OJ L 348, 30.12.2005, p. 26.

[10] See e.g. Council Regulation (EC) 973/2001 laying down certain technical measures for the conservation of certain stocks of highly migratory species, OJ L 137, 19.5.2001, p. 1 ; Council Regulation (EC)1936/2001 laying down control measures applicable to fishing for certain stocks of highly migratory fish, OJ L 263, 3.10.2001, p. 1; Regulation 1967/2006 concerning management measures for the sustainable exploitation of fishery resources in the Mediterranean Sea, OJ L 36, 8.2.2007, p. 6 .

[11] Draft Council Decision authorizing the Commission to negotiate, on behalf of the Community, a protocol amending the international Convention on the regulation of whaling, Washington, 2 December 1946 COM (92)316.

[12] Austria, Belgium, Cyprus, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Luxembourg, Netherlands, Portugal, Slovak Republic, Slovenia, Spain, Sweden, UK.

[13] See Article V of the Convention. Under paragraph 3, Parties become bound by amendments to the Schedule within ninety days unless they present an objection.

[14] OJ C , , p. .

[15] OJ L 206, 22.7.1992, p. 7.

[16] OJ L 61, 3.3.1997, p. 1.

[17] In addition, Council Regulation (EEC) 348/81 on common rules for imports of whales and other cetacean products only allows imports of listed products if they are not used for commercial purposes.

[18] See for instance Cases C-141/78 [1979] ECR 2923, paragraph 6, and C-804/79, [1981] ECR 1045, paragraph 17.

[19] Austria, Belgium, Cyprus, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Luxembourg, Netherlands, Portugal, Slovak Republic, Slovenia, Spain, Sweden, UK.