Decision 2012/510 - 2012/510/EU: Council Decision of 10 July 2012 establishing the EU position with regard to the amendments to Annexes II and III to the Protocol concerning Specially Protected Areas and Biological Diversity in the Mediterranean of the Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean, adopted by the seventeenth meeting of the Contracting Parties (Paris, France, 8 - 10 February 2012 )

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1.

Current status

This decision has been published on September 22, 2012 and entered into force on July 10, 2012.

2.

Key information

official title

2012/510/EU: Council Decision of 10 July 2012 establishing the position to be adopted on behalf of the European Union with regard to the amendments to Annexes II and III to the Protocol concerning Specially Protected Areas and Biological Diversity in the Mediterranean of the Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean, adopted by the seventeenth meeting of the Contracting Parties (Paris, France, 8 - 10 February 2012 )
 
Legal instrument Decision
Number legal act Decision 2012/510
Original proposal COM(2012)47 EN
CELEX number i 32012D0510

3.

Key dates

Document 10-07-2012
Publication in Official Journal 22-09-2012; OJ L 256 p. 1-2
Effect 10-07-2012; Entry into force Date of document See Art 3
End of validity 31-12-9999

4.

Legislative text

22.9.2012   

EN

Official Journal of the European Union

L 256/1

 

COUNCIL DECISION

of 10 July 2012

establishing the position to be adopted on behalf of the European Union with regard to the amendments to Annexes II and III to the Protocol concerning Specially Protected Areas and Biological Diversity in the Mediterranean of the Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean, adopted by the seventeenth meeting of the Contracting Parties (Paris, France, 8-10 February 2012)

(2012/510/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(1), in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

 

(1)

The Union is a Contracting Party to the Convention for the Protection of the Mediterranean Sea against Pollution, subsequently renamed Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean (1) (‘the Barcelona Convention’) and a Party to the Protocol concerning specially protected areas and biological diversity in the Mediterranean and the annexes thereto (2) (‘the Protocol’). Annex II to the Protocol contains the list of endangered and threatened species and Annex III to the Protocol contains the list of species whose exploitation is regulated.

 

(2)

In accordance with Article 18 of the Barcelona Convention, the meeting of the Contracting Parties is the decision-making body of the Convention, and the powers conferred upon it include the capacity to amend the annexes to the Convention and to its protocols, as required. In accordance with Article 23(2) of the Barcelona Convention and Article 14(1) of the Protocol, an amendment to the Annexes to the Protocol shall become effective for all Contracting Parties to the Protocol on the expiry of a period determined by the respective Contracting Parties when adopting the amendment, except for those that have notified in writing the Depositary that they are unable to approve the amendment within this period of time.

 

(3)

On 8 February 2012, the Commission transmitted to the Council a Proposal for a Council Decision establishing the position to be adopted on behalf of the European Union with regard to the proposals for amending Annexes II and III to the Protocol concerning Specially Protected Areas and Biological Diversity in the Mediterranean of the Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean at the seventeenth meeting of the Contracting Parties (Paris, 8-10 February 2012). Due to the timing of the arrival of the Commission proposal, the Council was not able to consider it or act upon it prior to the Meeting of the Contracting Parties and hence the Union position and interests could not be expressed or defended in a timely and appropriate manner.

 

(4)

The seventeenth meeting of the Contracting Parties to the Barcelona Convention and its Protocols adopted amendments to Annexes II and III to the Protocol by Decision IG.20/5 to provide for greater protection to ten shark species.

 

(5)

In accordance with Article 23(2)(vi) of the Barcelona Convention, an amendment to the Annexes becomes effective for all Contracting Parties on the expiry of a period determined by the Contracting Parties concerned when adopting the amendment, except for those Contracting Parties which notify the Depository that they are unable to approve the amendment. The seventeenth meeting of the Contracting Parties determined this period to be 180 days; the deadline for submitting a notification expires on 8 August 2012. The Union should therefore communicate to the Depositary of the Protocol the amendments it does not approve within that deadline.

 

(6)

The...


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5.

Original proposal

 

6.

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