**Avis juridique important**

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# 52004PC0529

**Proposal for a Council Decision - Proposal for a Council Decision on the Community position to be adopted on certain proposals submitted to the 13th meeting of the Conference of the Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), Bangkok, Thailand, 2 - 14 October 2004  /* COM/2004/0529 final - ACC 2004/0182 */****

Proposal for a COUNCIL DECISION - Proposal for a Council Decision on the Community position to be adopted on certain proposals submitted to the 13th meeting of the Conference of the Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), Bangkok, Thailand, 2 - 14 October 2004

(presented by the Commission)

EXPLANATORY MEMORANDUM

1. The 13th meeting of the Conference of the Parties to CITES will be held in Bangkok, Thailand, from 2 - 14 October 2004.

2. The text of the Convention was amended in 1983 to allow Regional Economic Integration Organisations such as the EC to become a Party (the so-called Gaborone amendment). However, an insufficient number of Parties have ratified this amendment in order for it to come into effect.

3. In view of the effects of decisions taken by the Conference of the Parties on the implementation of the Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein [1], it is necessary to adopt a Community position on proposals submitted to the Conference.

[1]  OJ L61 of 03.03.1997, p.1

4. Draft Resolutions and discussion papers on interpretation and implementation of the Convention and proposals to amend the appendices prepared by Member States or by the Commission were discussed by the Committee of Member States constituted under Council Regulation 338/97 at a meeting on 20 April 2004. All proposals and working documents that were approved were subsequently submitted to the CITES Secretariat by the relevant Member State or the Presidency on behalf of all the Member States. Among the proposals submitted were ones concerning amendments to the appendices and a number of resolutions and discussion papers on matters such as compliance and personal effects.

5. On 8 June, the Commission services held an informal meeting with experts from the Member States to discuss the issues to be debated at the Conference of the Parties. On 9 June, the Commission services held a consultation meeting with interested NGOs at which those NGOs were given an opportunity to set out their views on these issues.

6. Some documents for the Conference were not available in sufficient time for the Commission to propose a Community position at the present time. The Commission therefore proposes that the position on these issues be established during the meeting in accordance with Article 2 of the draft Council Decision.

7. The business of the Conference falls into three parts: strategic and administrative matters, interpretation and implementation of the Convention and proposals to amend the appendices. As the Community is not a Party to the Convention the first does not generally impact on Council Regulation 338/97. The second part represents the evolution of the Convention and is of considerable technical importance. However, it is the amendments to the appendices (levels of protection afforded to different species) that will inevitably attract most public attention. Here the most critical issues are: whales and dolphins, elephants, the African lion, fish and shellfish, (including the humphead wrasse and the European date mussel) and timber (especially ramin).

8. There are two annexes to the proposed Council Decision. Annex I outlines the Community position on the critical issues listed above. Annex II contains proposed Community positions on Conference agenda items for which documents were available by 8 June 2004.

2004/0182 (ACC)

Proposal for a COUNCIL DECISION Proposal for a Council Decision on the Community position to be adopted on certain proposals submitted to the 13th meeting of the Conference of the Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), Bangkok, Thailand, 2 - 14 October 2004

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133 and Article 300, paragraph 2, second indent, thereof,

Having regard to the proposal from the Commission [2],

[2]  OJ C [...], [...], p. [...]

Whereas:

(1) the Convention on International Trade in Endangered Species of Wild Fauna and Flora is implemented in the Community by Council Regulation (EC) No 338/97 of 9 December 1996 [3];

[3]  OJ L61 of 03.03.1997, p.1

(2) proposals for Resolutions of the Conference of the Parties and amendments to the Appendices of the Convention will, in most cases, affect the Community legislation concerned;

(3) in such circumstances where Community rules have been established for the attainment of the objectives of the Treaty, the Member States cannot outside the framework of the Community institutions assume obligations which might affect those rules or alter their scope;

(4) the Community has not yet been able to become a contracting party to the Convention;

(5) in such circumstances the Community position should be represented by the Member States acting jointly in the Community interest and within the framework of a common position decided by the Council,

HAS DECIDED AS FOLLOWS:

Article 1

The position of the Community, to be represented by the Member States, acting jointly in the Community interest, at the 13th meeting of the Conference of the Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora, shall be in accordance with the positions contained in the Annexes to this Decision.

Article 2

Where the position referred to in Article 1 is likely to be affected by new scientific or technical information presented before or during the meeting of the Conference of the Parties or where proposals are made in matters not yet the subject of a Community position, a position shall be established on the proposal concerned through on the spot co-ordination before the Conference of the Parties is called to vote on it.

Done at Brussels,

For the Council

The President

ANNEX I

To Council Decision of ...............2004 concerning the Community Position to be adopted on key issues to be discussed at the 13th meeting of the Conference of the Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), Bangkok, Thailand 2 - 14 October 2004

A. General considerations

1. The Community's position on proposals for amendment of the appendices should be based on the conservation status of the species concerned. It should take account of the contribution that CITES controls can make towards improvement of the conservation status, while acknowledging the efforts of those countries that have implemented effective conservation measures.

2. The Community should also ensure that the decisions taken at the Conference maximise the efficiency of CITES by minimising unnecessary administrate burdens by achieving practical and workable solutions to implementation problems and by ensuring that Parties' resources are directed towards issues of real conservation concern.

3. The Community should seek to achieve greater synergies with other Multilateral Environmental Agreements concerning Biodiversity, such as the Convention on Biological Diversity. The decisions taken at the Conference should contribute to the achievement of target endorsed by the World Summit on Sustainable Development and the Convention on Biological Diversity of halting global decline in biological diversity by 2010.

B. Specific issues

1. Concerning commercial whaling, no decision should be taken that undermines the primacy of the International Whaling Commission on this matter. Consequently, there should be no return to commercial whaling until the IWC deems that the appropriate management controls are in place and separate decisions have been taken by the IWC on the resumption of commercial whaling. Concerning the Irrawaddy dolphin, the Community will support proportionate measures to better regulate trade in live specimens.

2. Concerning elephants, the Community is unwilling to agree to resumption in commercial ivory trade until it is satisfied that there are adequate mechanisms in place to ensure that there will be no resulting increase in illegal killing of elephants.

3. Concerning the African lion, the Community is not fully convinced that Appendix I listing of this species is the best means to address the problems concerning its conservation. The Community will work to achieve an outcome on this issue that will have the support of all range States.

4. Concerning the management and conservation of great white shark, humphead wrasse and European date mussel, the Community is favourably disposed towards measures for stricter regulation of international trade

5. Concerning ramin, the Community supports Indonesia's proposal for Appendix II listing of this group of species in order to help combat its illegal logging in range States.

ANNEX II

To Council Decision of .............2004 on the Community position to be adopted on certain proposals submitted to the 13th Conference of the Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).

Bangkok, Thailand, 2 - 14 October 2004

+ indicates a position in favour  //  - indicates a position against.

Brackets indicate a more tentative position  //  0 indicates an open position

1. Working Documents

1.1. Strategic and Administrative matters

>TABLE POSITION>

1.2 Interpretation and implementation of the Convention

1.2.1. Review of Resolutions and Decisions

>TABLE POSITION>

1.2.2. Regular and special reports

>TABLE POSITION>

1.2.3. General compliance issues

>TABLE POSITION>

1.2.4. Species trade and conservation issues

>TABLE POSITION>

1.2.5. Trade control and marking issues

>TABLE POSITION>

1.2.6. Exemptions and special trade provisions

>TABLE POSITION>

1.2.7. Amendment of the appendices

>TABLE POSITION>

1.2.8. Other themes and issues

>TABLE POSITION>

2. Listing Proposals

>TABLE POSITION>

*as Depositary Government at the request of the relevant Committee