ARCHIVES HISTORIQUES 
DE LA COMMISSION 
 
 
 
COLLECTION RELIEE DES 
DOCUMENTS "COM" 
 
 
 
 
COM (85) 729 
 
 
 
Vol. 1985/0 252 
  
 
Disclaimer  
Conformém ent au règlement (CEE, Euratom) n° 354/83 du Conseil du 1er février 1983 
concernant l'ouverture au public des archives historiques de la Communauté économique 
européenne et de la Communauté européenne de l'énergie atomique (JO L 43 du 15.2.1983, 
p. 1), tel que modifié par le règlement (CE, Euratom) n° 1700/2003 du 22 septembre 2003 
(JO L 243 du 27.9.2003, p. 1), ce dossier est ouvert au public. Le cas échéant, les documents 
classifiés présents dans ce dossier ont été déclassifiés conformément à l'article 5 dudit 
règlem ent. 
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 
concerning the openi ng to the public of the historical archives of the European Econom ic 
Community and the European Atomic Energy Communit y (OJ L 43, 15.2.1983, p. 1), as 
amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243, 
27.9.2003, p. 1), this f ile is open to the public. Where necessary, classified documents in this 
file have been declassified in conformity with Article 5 of the aforementioned regulation.  
In Übereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom  1. 
Februar 198 3 über die Freigabe der historischen Archive der Europäischen  
Wirtschaftsgemeinschaft und der Europäischen Atomgem einschaft (ABI. L 43 vom  15.2.1983,  
S. 1), geändert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. Septem ber 2003  
(ABI. L 243 vom 27 .9.2003, S. 1), ist diese Datei der Öffentlichkeit zugänglich. Soweit  
erforderlich, wurden die Verschlusssachen in dieser Datei in Übereinstimmung mit Artikel 5  
der genannten Verordnung freigegeben.  
C O M M IS S IO N  OF THE E U R O P E A N  C O M M U N ITIE S
C0MC85) 729 final 
Brussels, 3 December 1985
COMMUNICATION FROM THE COMMISSION
TO THE COUNCIL
on
the main results of the 5th meeting of the Conference 
of the Parties to the Convention on International 
Trade in Endangered Species of Wild Fauna and Flora (CITES), 
Buenos Aires, Argentina, 22 ApriL - 3 May 1985.
COM(85) 729 final

1. Introduction
The 5th meeting of the Conference of the Parties to the Convention on 
International Trade in Endangered Species of wild fauna and flora was 
held in Buenos Aires from 2 April to 3 May 1985. It was attended by 66 
of the 87 Parties to the Convention and by about 125 non-governmental 
organizations. It is the task of the Conference to make provisions for 
the functioning of the Convention Secretariat, to review the progress 
made towards the restoration and conservation of the species included 
in the Convention's Appendices, to make recommendations for improving 
the effectiveness of implementation and to adopt amendments to 
Appendices I and II.
The 5th Conference considered some 20 resolutions and 100 proposals 
for amendments to the Appendices. Its decisions on amendments and 
several of the adopted Resolutions directly affect the implementation 
of the Convention in the Community and therefore necessitate 
amendments to Council Regulation (EEC) N° 3626/82 and possibly 
Commission Regulation (EEC) N° 3418/83.
2. Community coordination
Daily Community coordination meetings took place under the active 
presidency of the Italian delegation which were attended by
delegations of Belgium, Denmark, the Federal Republic of Germany,

-  2 -
France, the Netherlands and the United Kingdom. On the basis of the 
"conclusions concerning the preparation of the meeting of the 
Conference of the Parties to CITES" entered in the minutes of the 
997th meeting of the Council (Agriculture), common positions were 
established on most of the agenda items of the meeting. Whenever 
appropriate, such common positions were presented to the Conference on 
behalf of the Community by the presidency, the Commission, or by 
thedelegation of the Member States having a special interest or 
specific knowledge on the matter.
However, owing to the fact that a number of differing legal opinions 
on important issues such as the legal basis for common positions. 
Community competence for new species and the right of Member States to 
vote on behalf of depending territories (see documents 5979/85 ENV 75, 
6088/85 ENV 77, ENV 85/20, 6314/85 ENV 85 JUR 60, 6313/85 ENV 84 JUR 
59 and 6092/85 A19/6) persisted, the Conference witnessed a number of 
Community incidents. They concerned the discussion of and vote on 
proposals concerning the ranching of green turtles and the listing of 
the hooded seal and bullfrogs in the Convention Appendices; issues 
which were contentious for the Conference as such because of the 
strong views held by certain parties and the non-governmental 
organizations in particular. Member States voted differently on the 
hooded seal and bullfrog proposals and may have voted independently on 
the green turtle ranching proposals under the cover of secret ballots. 
During the discussion on a resolution concerning the marking of 
products from ranching operations, the delegation of the Federal 
Republic of Germany explained to the Conference that it had to abstain 
on proposals concerning sea turtle ranching because of the fact that 
the Community could not agree on a common position, which intervention 
led the delegation of the United Kingdom to state that it reserved its 
position in that context for dependent territories.
The Commission is of opinion that, although the divergencies between 
Member States could finally again be reduced to a minimum, the 
credibility of the Community may be seriously affected at future 
occasions unless the position on the above mentioned legal differences 
of opinion can be clarified. The Commission may therefore find it 
appropriate to seek this clarification by means of infringement 
procedures.

The Commission is further of opinion that the need for better 
scientific coordination and cooperation at an early stage of the 
preparation of meetings of the Conference of the Parties has been 
clearly demonstrated. It intends to discuss this matter further in the 
Committee on the Convention at the next possible occasion.
3. Main results of the Meeting of the Conference of the Parties
Inspite of the difficulties referred to in the previous paragraph/, the 
Community undoubtedly played an important role in the proceedings of 
the meeting :
3.1. At the 4th meeting of the Conference of the Parties (Gaborone 
1983) it became clear that many producer countries, especially 
those on the African continent, are unable to effectively 
protect their wildlife unless their efforts are compensated by 
economic benefits from those resources. On the other hand the 
pressure in consumer countries for stricter wildlife protection 
continues to increase.
The Community co-financed the organization of a seminar for 
African CITES Parties and a meeting of the Conference's 
Technical Committee, (Brussels, June 1984) at which the trade in 
African elephant ivory and the possibilities for a reopening of 
the market for Nile crocodile skins were discussed in depth.
The Community financed studies of the population status of both 
species and the United Kingdom finalized a comprehensive 
resolution on the African elephant ivory trade in which full 
account was taken of a resolution on the subject by the European 
Parliament. As a result of these combined actions by the
Community, the African CITES Parties involved and the Convention

- 4 -
Secretariat, the 5th meeting of the Conference of the Parties 
was able to take important decisions on both issues. It adopted 
the resolution on the African elephant ivory trade which 
establishes a quota system with sufficient safeguards for the 
conservation of the elephant populations involved. It decided to 
downlist populations of the Nile crocodile from Appendix I to 
Appendix II on the basis of the earlier mentioned population 
survey and the resulting quotas and adopted a resolution 
allowing similar action for other species presently listed in 
Appendix I.
It was further decided to increase the existing export quotas 
for leopard skins from certain African parties.
The Commission is of opinion that assistance of this kind to 
developing countries should be continued and extended as the 
sustainable economic benefit from wildlife resources is indeed 
the main guarantee for the long term survival of the animal and 
plant species concerned.
The stricter measures provided for in Council Regulation N° 
3626/82 have since their entry into force in January 1984 been 
heavily criticised, by most African parties in particular. 
Enabling producer countries to meet the conditions for 
importation into the Community should form an integral part of 
such a strict conservation poticy. The Conference set up a 
working group on stricter domestic measures in which the 
Commission will participate.
3.2. The correct implementation of the Convention in the Community, 
and the role of the freeport of Hamburg in particular, were 
criticized by the Convention Secretariat but most of these 
doubts could effectively be removed.

- 5 -
3.3. Another point of criticism was the impossibility for the 
Community to report on intra-Community trade in CITES specimens.
A resolution on the issue was, however, amended in such a way 
that its recommendation - that members of a regional trade 
agreement include in their annual reports information on trade 
with other members of that agreement - was limited to those 
agreements under which such reporting would not be in direct and 
irréconciliable conflict with their provisions. The Community 
stated that reports on intra-Community CITES trade would indeed 
be in direct conflict with the provisions and the aims of the 
Treaty because it would suppose systematic controls at the 
internal borders. It supported the resolution on the 
understanding that the recommendation would therefore not apply 
to it.
The Community repeated that it would establish full annual 
reports on CITES trade with third countries and that these 
reports would also cover those Member States who are not yet a 
Party to CITES, i.e. Greece and Ireland.
3.4. The Conference adopted a number of resolutions aiming at a 
better implementation of the Convention and dealing with, among 
other things, the simplification of procedures for the 
identification of Appendix II species that are subject to 
significant international trade but for which the necessary 
scientific data is insufficient, the harmonization of marking 
systems for products from ranching operations, the control of 
readily recognizable parts and derivatives, the definition of 
"primarily commercial purposes", the time validity of import 
permits, the listing of species in Appendix III and the 
definition of the term "pre-convention specimen".
3.5. The South-American parties proposed a resolution recommending to 
all Parties that if within 90 days Bolivia had not demonstrated 
to the Convention's Standing Committee that it had adopted all

-  6 -
necessary measures to adequately implement the Convention, to 
reject shipments of CITES specimens of Bolivian origin until it 
has adopted the necessary implementing measures. The resolution 
calls on importing countries to cooperate with Bolivia so as to 
facilitate population studies in that country.
The representative of Bolivia stressed the total lack of data on 
the population status of his country's wildlife and the 
administrative difficulties in implementing the Convention and 
preventing illegal trade. The Community announced that, in view 
of the situation in Bolivia, it would for the time being not 
allow imports of specimens of species covered by Article 
1.0_ 1 .(b) of Regulation 3626/82 from that country, but that it 
was ready to investigate ways of assisting in the collection of 
scientific data on Bolivian wildlife.
3.6. Amendments to the Appendices 
3.6.1. Ranching proposals
There were proposals by Suriname, France (La 
Réunion/Trcmelin/Europa) and the United Kingdom (Cayman 
Turtle Firm) to downlist populations of the green turtle 
(Cheionia mydas) from Appendix I to II under the 
provisions on ranching (Resolution Conf. 3.15). These 
proposals were the most controversial of the meeting as 
a result of the concentrated efforts of an important 
number of non-governmental organizations which were 
against the re-opening of markets for turtle products.
Also in the Community opinions differed and inspite of 
lengthy discussions on the subject in several 
coordination meetings, a common position in support of 
the proposals (as proposed by the Commission) could not 
be achieved. As the species concerned was already

- 7 -
covered by the Convention, the necessity of a common 
voting position (abstention) was agreed but France and 
the United Kingdom insisted that they had the right to 
vote on behalf of their dependent territories.
The proposal from Suriname was, inspite of the fact that 
it had more or less been approved by the Conference in 
1983 and that its marking system had been approved by 
the Technical Committee in 1984, rejected with 26 votes 
in favour, 22 against and 15 abstentions. The vote was 
taken by secret ballot on the request of the delegation 
of Suriname.
The results of the secret ballot, requested by Monaco, 
on the French proposal were :  25 votes in favour, 32 
against and 7 (Member States?) abstentions.
Zimbabwe requested a secret ballot on the United Kingdom 
ranching proposal which was rejected with 27 votes in 
favour, 32 against and 7 abstentions. The United 
Kingdom's alternative proposal (a resolution which would 
enable the Cayman Turtle Farm to export its products 
commercially under Article VII paragraph 4 of the 
Convention) was also rejected. 26 Parties voted in 
favour, 32 against and only 4 abstained in a secret 
ballot requested by Costa Rica. There was one invalid 
vote; the total number of votes cast was 63 compared to 
66 on the previous vote.
In a subsequent
coordination meeting only the representatives of 
Denmark, the Federal Republic of Germany and the 
Netherlands confirmed that they had abstained.

3.6.2. The proposal for inclusion of the hooded seal in 
Appendix II
It was impossible to reach a common position on the 
inclusion of this "new" species in Appendix II. Member 
States voted differently on it on the basis of their 
opinion (shared by the Council Legal Service) that they 
were entitled to do so in the absence of a common 
position. 19 Parties, including the Federal Republic of 
Germany and The Netherlands were in favour and 24, 
including Denmark, voted against.
3.6.3. The proposal from the Federal Republic of Germany for 
the transfer of the Narwhal from Appendix II to I.
Also on this proposal it was impossible to achieve a 
common position in favour or against, but it was agreed 
to abstain. The proposal was rejected with 21 votes in 
favour, 20 against and 14 abstentions.
3.6.4. The inclus''on of two species of bullfrog in Appendix II
Member States held differing opinions on this proposal 
from the Federal Republic of Germany and decided to vote 
differently because the proposal concerned a "new 
species".
The proposal was adopted by the Conference of the 
Parties with 18 votes in favour (including Belgium, 
Denmark, the Federal Republic of Germany, the 
Netherlands and the countries of origin India and 
Pakistan), 4 against including France and the United
Kingdom.
Other amendments to the Appendices
Apart from the amendments referred to in points 3.6.1. and 3.6.4., the 
Conference adopted a series of proposals for amendments to the 
Appendices, see Annex 1.

- 9 -
The Commission will shortly submit a draft for a Commission Regulation 
amending the Annexes to Council Regulation 3626/82 to the Committee on 
the Convention for opinion.
5. Finally the Commission wishes to draw the attention of Member States 
to the regrettable fact that to date only 2 Member States, that is the 
Federal Republic of Germany and the Netherlands, have deposited their 
instrument of ratification of the amendment to Article XXI of the 
Convention which would allow the Community to accede.
As this amendment has to be ratified by 54 parties, the long delay in 
ratification by Member States certainly has a direct impact on the 
attitude of third countries thereby slowing down the whole process. 
Moreover it affects the credibility of the Community as such and is 
without any doubt in conflict with Member States' obligations under 
art. 5 of the Treaty
Therefore the Commission addresses a formal appeal to Member States to 
take the necessary steps to ensure that the procedures concerned are 
finalized as soon as, technically, possible.

ANNEX
Amendments to the Appendices to the Convention on International 
Trade in Endangered Species of wild fauna and flora, 
adopted by the Conference of the Parties at its 5th meeting 
held in Buenos Aires, Argentina,, from 22 April to 3 Hay 1985.
Included in Appendix I
Muntiacus crinifrons 
Jabiru mycteria
Transferred from Appendix II to I
Pygathri x (Rhinopithecus) spp.
Fa Leo jugger
FaLco rusticolus (North American population)
Ara ambigua
Ara macao
Saussurea Lappa
Ceratozamia spp.

-  2 -
Included in Appendix II
Vulpes (Fennecus) zerda 
Budorcas taxi color 
Gruidae spp.
Hoplocephalus bungaroides 
Rheobatracus spp.
Rana hexadactyla 
Rana ti gerìna 
Hi ppopus hippopus 
Hi ppopus porcel lanus 
Tridacna crocea 
Tridacna maxima 
Tridacna squamosa 
Brachypelma smithé 
Seriatopora spp.Pocillopora spp. 
Stylophora spp. 
Acropora spp. 
Pavona spp. 
Fungia spp. 
Halomitra spp. 
Polyphyllia spp. 
Favia spp. 
Platygyra spp. 
Merulina spp. 
Lobophyllia spp. 
Pectinia spp. 
Euphyllia spp.
Millepora spp.Heliopora spp. 
Tubipora spp. 
Camellia chrysantha
Transferred from Appendix I to II
Felis bengalensis bengalensis (population of China)
Crocodylus ni loticus (certain populations with quotas 1985-1987) 
Crocodylus porosus (Indonesian population with quotas 1985-198?)

- 3 -
Deleted from Appendix I
Bufo periglenes CincLuded in Appendix II, Costa Rica)
Gymnocarpos przewalskii
Melandrium mongolicus
Silene mongolica
Stellaria pulvinata
Deleted from Appendix II
Ani gozanthos spp. 
Macropidia fuliginosa 
Thermopsi s mongolica 
Banksia spp.
Conospermum spp.
Dryandra formosa 
Dryandra polycephala 
Xylomelum spp.
Crowea spp.
Geleznowìa verrucosa 
Pimelea physodes
Caryopteris mongolica