on the position to be taken on behalf of the European Union in the thirty-seventh meeting of the Standing Committee of the Convention on the conservation of European wildlife and natural habitats with regard to an amendment to Appendix II thereto

EXPLANATORY MEMORANDUM

1.Subject-matter of the proposal

The present proposal concerns the decision establishing the position to be adopted on behalf of the Union in the view to the thirty-seventh annual meeting of the Standing Committee of Convention on the conservation of European wildlife and natural habitats, Strasbourg, France, 5-8 December, 2017, in connection with the envisaged adoption of a decision concerning an amendment of Appendix II to the Convention.

2.Context of the proposal

2.1.The Convention on the conservation of European wildlife and natural habitats

The 1979 Convention on the conservation of European wildlife and natural habitats (Bern Convention) ("the Agreement") aims to conserve European wild flora and fauna and their natural habitats, especially those whose conservation requires the co-operation of several States. It is an intergovernmental treaty, concluded under the aegis of the Council of Europe. The Agreement entered into force on 1 June, 1982. The European Community is a Contracting Party to this Agreement since 1 September, 1982. At present, there are 51 Contracting Parties to the Agreement, including all EU Member States.

2.2.The Standing Committee

The Standing Committee is the decision-making organ of the Convention having powers to assess the conservation status of species and, subsequently, to review the listing of them in the Appendices to the Convention. Its functions are enumerated in Articles 13-15 of the Agreement. It meets at least every two years and whenever a majority of the Contracting Parties so request. It has become customary for the Standing Committee to meet every year.

The mandate for the Union’s position concerning amendments of the appendices is given by a decision of the Council based on a proposal from the Commission. The EU common positions concerning other draft decisions and resolutions are agreed in prior meetings of the relevant Council working party or at on-the-spot EU coordination meetings.

2.3.The envisaged act of the Standing Committee

On 5-8 December, 2017, the thirty-seventh annual meeting of the Standing Committee of the Agreement in Strasbourg, France, is to adopt a decision regarding an amendment of Appendix II to the Agreement (‘the envisaged act’).

In accordance with Article 17 of the Agreement, an amendment to the Appendices shall be adopted by two-thirds majority of the Contracting parties. It enters into force for all Parties three month after the adoption by the Standing Committee unless one-third of the Contracting parties have notified objections, except for those Parties which make an objection (reservation) during the Standing Committee meeting.

The purpose of the envisaged act is to amend Appendix II to the Agreement, as provided for in Article 17 of the Agreement.

The envisaged act shall become binding on the Contracting parties in accordance with Article 6 of the Agreement, which provides that each Contracting Party shall take appropriate and necessary legislative and administrative measures to ensure the special protection of the wild fauna species specified in Appendix II.

3.Position to be adopted on behalf of the Union

The Standing Committee is a body set up by the Agreement. The thirty-seventh meeting of the Standing Committee to the Agreement will take place in Strasbourg, France, from 5 to 8 December, 2017.

The Republic of Albania has submitted a proposal to amend Appendix II of the Agreement to include the Balkan lynx, Lynx lynx spp. balcanicus, which is a subspecies of the Eurasian lynx Lynx lynx, already listed in Appendix III to the Agreement (protected wild fauna species).

The Union should support the proposal because it is science-based and in line with the Union's commitment to international cooperation for the protection of biodiversity.