establishing the position to be adopted, on behalf of the European Union, with regard to proposals for amendment of the Appendices of the Convention on the conservation of migratory species of wild animals with a view to the twelfth meeting of the Conference of the Parties

EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

The Convention on the conservation of migratory species of wild animals (also known as the CMS or Bonn Convention) aims to conserve terrestrial, marine and avian migratory species throughout their range. It is an intergovernmental treaty, concluded under the aegis of the United Nations Environment Programme, concerned with the conservation of wildlife and habitats on a global scale. The European Union has been a Party to the CMS since 1 November 1983.

The migratory species to be conserved are listed in Appendices I (endangered species) and II (species to be the subjects of agreements) to the Convention.

The Conference of the Parties is the decision-making body of the Convention with powers to assess the conservation status of migratory species and, subsequently, to amend Appendices I and II to the Convention.

In accordance with Article XI of the Convention, proposals for amendment may be made by any Party. An amendment to the Appendices enters into force for all Parties ninety days after the meeting of the Conference of the Parties at which it is adopted, except for those Parties which make a reservation.

The twelfth meeting of the Conference of the Parties to the Convention will take place in Manila (the Philippines) from 22 to 28 October 2017. For this meeting, it is proposed that the Union makes a proposal to amend Appendix II to the Convention to increase the protection of two species of birds, namely the the bird species Lanius excubitor excubitor and Lanius minor, throughout their distribution range, including outside the Union, on the basis of the following considerations: (1) the inclusion of such species is scientifically sound; (2) such an inclusion is consistent with the EU legislation; and (3) the Union is committed to international cooperation for the protection of biodiversity. It is therefore necessary for the Council to take a decision for the purpose of establishing the position to be adopted on behalf of the Union with a view to the twelfth meeting of the Conference of the Parties with regard to proposals for amendment.

The deadline for submitting proposals for amendment has been fixed by the Secretariat of the Convention, in line with Article XI (3), to be 25 May 2017.

Before the twelfth meeting of the Conference of the Parties, the Secretariat of the Convention may communicate proposals made by other Parties to amend Appendices I and II to the Convention, which may also require a decision establishing the position to be adopted on behalf of the Union with regard to those proposals.

•Consistency with existing policy provisions in the policy area

This proposal would not require any change in Union law, as it concerns two species which already benefit from appropriate protection under Union law, notably the Birds Directive.

•Consistency with other Union policies

The proposal is consistent with the Seventh Environmental Action Programme and the EU biodiversity strategy to 2020, especially Target 6: help avert global biodiversity loss.

2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

•Legal basis

The proposal is made under Article 192(1), together with Article 218(9) TFEU.

3.RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS

•Collection and use of expertise