on the position to be taken on behalf of the European Union in the thirty-ninth meeting of the Standing Committee of the Convention on the Conservation of European Wildlife and Natural Habitats, with regards to amendments to Appendices II and III to that Convention

EXPLANATORY MEMORANDUM

1.Subject matter of the proposal

This proposal concerns the decision establishing the position to be taken on the Union's behalf in the thirty-ninth annual meeting of the Standing Committee of the Convention on the conservation of European wildlife and natural habitats, Strasbourg, France, 3-6 December 2019, in connection with the envisaged adoption by the Standing Committee of a decision concerning two amendments of Appendix II and Appendix III to the Convention.

2.Context of the proposal

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

The Convention on the conservation of European wildlife and natural habitats ("the Convention") 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 Convention entered into force on 1 June 1982.

The European Union is a Contracting Party to this Convention since 1 September, 1982. At present, there are 51 Contracting Parties to the Convention, 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 Convention. 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.

In accordance with Article 17 of the Convention, an amendment to the Appendices shall be adopted by two-thirds majority of the Contracting Parties.

2.3.The envisaged act of the Standing Committee

On 3-6 December 2019, the thirty-ninth annual meeting of the Standing Committee of the Convention, in Strasbourg, France, is expected to adopt a decision regarding amendments of Appendix II and Appendix III to the Convention (‘the envisaged act’).

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

In accordance with Article 17 of the Convention, the envisaged act shall enter into force for all Parties three months after the adoption by the Standing Committee unless one-third of the Contracting Parties have notified objections. Any amendment enters into force for those Contracting Parties which have not notified objections.

3.Position to be taken on the Union's behalf

Norway submitted a proposal to move the Barnacle Goose (Branta leucopsis) from Appendix II (strictly protected fauna species) to Appendix III (protected fauna species – regulation is possible). The justification in support of the proposal is that the total population size of the Barnacle Goose has multiplied over ten times from the 1980s to 2010 (from 112,000 to 1,319,000), including as a result of the intensification of agriculture that has made available large quantities of feed. Therefore, the species is no longer in need of strict protection throughout its range.

The subject matter of the envisaged decision of the Standing Committee concerns an area of EU exclusive external competence pursuant to Article 3(2) TFEU since it falls within an area already largely covered by internal common rules (i.e. the Birds Directive). It is therefore necessary for the Council to take a decision for the purpose of establishing the positions to be adopted on behalf of the Union in the thirty-ninth meeting of the Standing Committee with regard to the envisaged act.

This proposal is not in line with the current legal protection status of Barnacle Goose under the Birds Directive as it is not listed in its Annex II (huntable species). The species is listed in Annex I of the Birds Directive (i.e. requiring designation of Special Protection Areas).

A draft Single Species Management Plan for the Barnacle Goose was adopted at the 7th Meeting of the Parties of the African-Eurasian Waterbird Agreement (AEWA) in December 2018 to address the very rapid population increase, particularly the resulting problems caused by the species (agricultural damage and risks to air safety). The Plan provide a framework for assisting the decision-making process in range states concerning the application of derogations, including a regular assessment of the cumulative impact of derogations, monitoring of the status of the population as well as the evolution of agricultural damage or risks to air safety. It should facilitate the sharing of information and potentially the co-ordination of derogation measures among range states to increase their efficiency and avoid unintended effects at flyway level.