Annexes to COM(2012)44 - Submission by the EU of an amendment of Appendix III to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)

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dossier COM(2012)44 - Submission by the EU of an amendment of Appendix III to the Convention on International Trade in Endangered Species of Wild ...
document COM(2012)44 EN
date February 13, 2012
ANNEX

Submission by [the Member State holding the Presidency of the Council of the European Union] on behalf of the EU Member States to the CITES Secretariat in view of the inclusion of Lamna nasus into Appendix III of the CITES Convention.

In accordance with Article XVI(1) of the Convention, and after consultation with other interested CITES Parties, [the Member State holding the Presidency of the Council of the European Union] submits the inclusion of Lamna nasus into Appendix III of the Convention.

The Secretariat is therefore requested to include in Appendix III of the CITES Convention for the 27 EU Member States (Belgium, Bulgaria, Czech Republic, Denmark, Germany, Estonia, Ireland, Greece, Spain, France, Italy, Cyprus, Latvia, Lithuania, Luxembourg, Hungary, Malta, Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovakia, Finland, Sweden, United Kingdom) the species indicated below:

FAUNA

     Chondrichthyes (Subclass: Elasmobranchii)

     Lamniformes

     Lamnidae

     Lamna nasus (Bonnaterre, 1788)

Figure 1. Porbeagle Lamna nasus

(Source: FAO Species Identification Sheet)

Please find enclosed in Annex 1 an overview of the measures taken by the European Union to implement the recommendations contained in Resolution Conf. 9.25 (Rev. CoP15).

Yours sincerely,

Annex 1

Measures taken by European Union to implement the recommendations contained in Resolution Conf. 9.25 (Rev. CoP15)

– EU domestic regulations applying to porbeagle management, conservation and trade

The EU domestic regulations to prevent or restrict exploitation of porbeagle and to control trade for the conservation of this species are as follows:

· Council Regulation (EU) No 57/2011 of 18 January 2011 prohibits fishing for porbeagle[3]. This applies to EU vessels as well as to foreign-flagged vessels carrying out their activities in EU waters;

· Council Regulation (EC) No 1224/2009 of 20 November 2009 sets out the measures for control, enforcement and sanction against infringements to the rules of the EU Common Fisheries Policy[4]. It applies in case to porbeagle as for all other species subject to the EU Common fisheries policy;

· Council Regulation (EC) No 1005/2008 of 29 September 2008[5] sets out the rules applying to imports of fishing products into the EU.

In addition, the North East Atlantic Fisheries Commission (NEAFC) agreed at its annual meeting in November 2010 to ban all directed fisheries for porbeagle in 2011 in its regulatory area.

European Union regulations are directly applicable in all the Member States of the European Union.

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

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

[3]           see attached link to access the Regulation http://eurlex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2011:024:0001:0125:EN:PDF porbeagle is covered by Article 5(1), in conjunction with Annex IA, page 29, and Article 8(1)(e)).

[4]           see attached link to access the Regulation http://eurlex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:343:0001:0050:EN:PDF

[5]           see attached link to access the Regulation http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:286:0001:0032:EN:PDF