Proposal for a COUNCIL DECISION Proposal for a Council Decision on the Community position to be adopted on certain proposals submitted to the 12th meeting of the Conference of the Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), Santiago, Chile, 3 - 15 November 2002

(presented by the Commission)

EXPLANATORY MEMORANDUM

1. The 12th meeting of the Conference of the Parties to CITES will be held in Santiago, Chile, from 3 - 15 November 2002.

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 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 17 May 2002. 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.

5. One of these working documents submitted by the Presidency seeks the repeal of two earlier Conference Resolutions on implementation of CITES by the Community. It is submitted that, in the light of the enactment of Council Regulation 338/97 and the fact that all 15 Member States are now Parties in their own right (following ratification by Ireland earlier this year), these Resolutions are out of date and should be repealed. The Presidency also submitted a draft Decision calling upon all Parties who have not yet done so to ratify the Gaborone amendment by CoP13 (in 2005).

6. On 30 July 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.

7. In the case of agenda items 2-7, 15, 18, 20-24, 26, 28, 32-34, 36, 39, 42, 43, 46, 52, 53-55, 59, 60 and 64 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 on the basis of further proposals from the Commission.

8. 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 but is not likely to have a very high public profile. By contrast the amendments to the appendices (levels of protection afforded to different species) are certain to prove controversial.

9. The following are the most critical issues with regard to amendment of the appendices:

- Whales,

- elephants,

- Asian freshwater turtles and tortoises,

- commercial fish species, including sharks and toothfish,

- timber.

10. 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 31 July 2002.

2002/0225 (ACC)

Proposal for a COUNCIL DECISION Proposal for a Council Decision on the Community position to be adopted on certain proposals submitted to the 12th meeting of the Conference of the Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), Santiago, Chile, 3 - 15 November 2002

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133 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 12th 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 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 ...............2002 concerning the Community Position to be adopted on key issues to be discussed at the 12th meeting of the Conference of the Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), Santiago, Chile 3 - 15 November 2002

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.

2. Concerning elephants, the Community is unwilling to agree to resumption in commercial ivory trade unless it is satisfied, following consultation with range States, that there will be no resulting increase in illegal killing of elephants. The Community will continue to support the co-operation of range States to this effect.

3. Concerning Asian freshwater turtles and tortoises the Community should support the proposals to list a number of the most threatened species on Appendix II of CITES, following a workshop on the group in China earlier this year.

4. Concerning commercial fish species, the Community can support listing of these on CITES appendices if they meet the requisite criteria and as a complement to action by the competent fisheries management bodies, such as FAO and Regional Fisheries Organisations. With this in mind, the Community should support the proposals for tighter regulation of international trade in whale shark and basking shark, the capture and conservation of which are very poorly regulated at international level. With regard to toothfish, the Community favours reliance on the existing regulatory mechanisms put in place by the Commission on the Conservation of Antarctic Marine Living Resources (CCAMLR). Regulation of these species by CITES can only be supported if it does not undermine the use of CCAMLR's Catch Documentation Scheme or the efforts led by CCAMLR to encourage countries and entities that are not parties to CCAMLR to adopt and implement the scheme.

5. Concerning big-leaf mahogany, the Community supports Appendix II listing of this species.

ANNEX II

To Council Decision of .............2002 on the Community position to be adopted on certain proposals submitted to the 12th Conference of the Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora. Santiago, Chile, 3 - 15 November 2002

Strategic and administrative matters

1. Rules of Procedure

1.1. Rules of Procedure CoP12 Doc. 1.1

1.2. Revision of the Rules of Procedure (Chile) CoP12 Doc. 1.2

Summary: The documents tabled here are the Secretariat's draft rules and suggested revisions from the host country. The latter includes a proposal that voting should be by secret ballot only if 1/3 of the parties so vote in a preliminary ballot.

Comment: The proposal by Chile regarding secret ballots is welcome, although abolition of secret ballots or, failing that, a requirement that they only take place when a simple majority vote in favour in a preliminary open ballot, would be preferable.

Conclusion: The Community should support measures aimed at avoiding secret ballots.

2. Election of Chairman and Vice-Chairmen of the meeting and of Chairmen of Committees I and II (no document)

3. Adoption of the Agenda CoP12 Doc. 3

4. Adoption of the Working Programme CoP12 Doc. 4

5. Establishment of the Credentials Committee CoP12 Doc. 5

6. Report of the Credentials Committee CoP12 Doc. 6

7. Admission of observers CoP12 Doc. 7

8. Matters related to the Standing Committee

8.1. Report of the Chairman CoP12 Doc. 8

8.2. Election of new regional and alternate regional members (no document)

Summary: No document available as of 31st July 2002.

Comments: The current representation for the European Region is as follows:

i) Italy - term of office expires at the close of CoP12 (alternate Czech Republic)

ii) Norway - term of office expires at the close of CoP13 (alternate Turkey)

iii) France - term of office expires at the close of CoP13 (alternate Portugal)

Already declared candidates for the vacant posts are:

Member: Germany

Alternate: UK

Conclusion: The Community should support the candidature of Member States and endeavour to avoid a situation in which Member States are competing between each other for places on the Standing Committee.

9. Financing and budgeting of the Secretariat and of meetings of the Conference of the Parties

9.1. Budget for 2003-2005 CoP12 Doc. 9.1

Summary: The Secretariat is seeking a 10% increase in contributions over the next triennium.

Comment: The Secretariat had been forced to rely on the trust fund to fund ongoing work in the last number of years but this is now exhausted.

Conclusion: The issue of a possible increase in contributions should be left open until the Conference.

9.2. Procedure for approval of externally funded projects CoP12 Doc. 9.2

Summary: This document arises from a decision of the Standing Committee to delegate approval of new donors of external funds and new externally-funded projects to the Secretariat.

Comment: The Standing Committee found the existing system of approval of donors and projects to be cumbersome and inefficient.

Conclusion: The Community should approve the draft revised Resolution.

10. Committee reports and recommendations

10.1. Animals Committee

10.1.1. Report of the Chairman CoP12 Doc. 10.1

10.1.2. Election of new regional and alternate regional members (no document)

Summary: No document available as of 31st July 2002.

Comments: The current representation for the European Region is as follows:

i) Dr Marinus HOOGMOED (NL) - term of office expires at the close of CoP12 (alternate Dr Vincent FLEMING - UK)

ii) Dr Katalin RODICS (HU) - term of office expires at the close of CoP12 (alternate Dr Thomas ALTHAUS - CH)

Already declared candidates are:

Members: Dr Vincent FLEMING (UK),

Alternates: Dr Carlos IBERO (ES).

Conclusion: The Community should support the candidature of experts from Member States and endeavour to avoid a situation in which individuals from Member States are competing between each other for places on the Animals Committee.

10.2. Plants Committee

10.2.1. Report of the Chairman CoP12 Doc. 10.2

10.2.2. Election of new regional and alternate regional members (no document)

Summary: No document available as of 31st July 2002.

Comments: The current representation for the European Region is as follows:

i) Dra Margarita CLEMENTE (ES) (alternate Mr Dieter SUPTHUT - CH)

ii) Dr Jan de KONING (NL) - term of office expires at the close of CoP12 (alternate Mrs Hanna WERBLAN-JAKUBIEC - PL)

Already declared candidates are:

Members: Prof. Guiseppe FRENGUELLI (IT)

Alternates: None yet declared.

Conclusion: The Community should support the candidature of experts from Member States and endeavour to avoid a situation in which individuals from Member States are competing between each other for places on the Plants Committee.

10.3. Nomenclature Committee report CoP12 Doc. 10.3

11. Identification Manual CoP12 Doc. 11

Summary: This report outlines progress with preparation of identification sheets for CITES species.

Comment:

Conclusion: The Community should note progress with this work and, in particular, the contribution made by several Member States.

12. Revision of the Action Plan of the Convention CoP12 Doc. 12

Summary: This consists of a report by the Standing Committee Working Group on the Action Plan.

Comment: The report recommends a number of drafting changes to the plan. Most of these are minor clarifications. However, there are a number of changes to improve efficiency of contract allocation etc.

Conclusion: The Community should note the report and endeavour to contribute to any further amendment of the Action Plan.

13. Establishment of Committees

13.1. Revision of Resolution Conf. 11.1 on establishment of committees (Chile) CoP12 Doc. 13.1

13.2. Enhancing implementation of the Convention (United States of America) CoP12 Doc. 13.2

13.3. Review of the committee structure CoP12.Doc. 13.3

Summary: Document 13.1 is a draft Resolution from Chile which aims to bring the numbers and representation on the Animals and Plants Committees into line with that on the Standing Committee, thus increasing the representation in several regions. Document 13.2 from the US proposes various options for dealing with "implementation" issues, which, it is argued, are not being dealt with adequately by the existing Committee structure. Document 13.3 from the Secretariat involves effectively merging the Animals and Plants Committees (and the Nomenclature Committee) into a single Scientific Committee with the same representation rules as the Standing Committee, including the provision that the nomination attach to a country rather than an individual.

Comment: No convincing case is made to increase the size of the Animals and Plants Committees. The Secretariat's proposal to merge the scientific Committees is also inappropriate. It is not accepted that most of the issues dealt with by the Animals and Plants Committees are common to both. The present situation, whereby members of the Animals and Plants Committees are appointed by name, rather than by country, correctly reflects the expert nature of those Committees. Implementation issues are best dealt with in the Standing Committee - if necessary by a sub-group of that Committee.

Conclusion: The Community should favour the status quo.

14. Title of the Convention CoP12.Doc. 14

Summary: This document from the Secretariat proposes that the title should be amended to the "CITES - The Convention on Trade in Wild Fauna and Flora"

Comment: Although the concerns that have led to this proposal are valid, merely changing the title might not be enough to address them. The current title is well known, the new title and the acronym do not coincide, and the amendment could present legal difficulties. Instead, a draft Resolution could be prepared indicating the types of wildlife trade covered by CITES.

Conclusion: The Community should not support amendment of the title of the Convention.

15. Outcome of the World Summit on Sustainable Development and the discussion on International Environmental Governance: consequences for CITES CoP 12 Doc. 15

Summary: No document available as of 31 July 2002.

Comment:

Conclusion:

16. Co-operation with other organizations

16.1. Co-operation between CITES and the Commission for the Conservation of Antarctic Marine Living Resources (CCRVMA/CCAMLR) regarding the trade in toothfish (Chile) CoP12 Doc. 16.1

Summary: This draft Resolution seeks voluntary co-operation between CITES and CCAMLR and urges CITES parties who have not done so to adopt the CCAMLR Catch Documentation Scheme (CDS).

Comment: Irrespective of the outcome of Item 44 and the listing proposal, the measures proposed in this document are worthwhile but could be strengthened.

Conclusion: The Community could support this draft Resolution, subject to amendments.

16.2. CITES and FAO

16.2.1. Synergy and co-operation between CITES and FAO (Japan) CoP12 Doc. 16.2.1

16.2.2. FAO collaboration with CITES through a Memorandum of Understanding (United States of America) CoP12 Doc. 16.2.2

Summary: Both of these draft Resolutions advocate further co-operation between CITES and FAO.

Comment: Of the two, the second is preferable as it advocates more concrete measures and a firmer time frame. The first proposal plays down the role of CITES and could be used as a pretext for indefinite postponement of dealing with commercial fish issues in CITES.

Conclusion: The Community should support the second of these two draft Resolutions.

16.3. Co-operation and synergy with the Inter-American Convention for the Protection and Conservation of Sea Turtles (Ecuador) CoP12 Doc. 16.3

Summary: This draft Resolution seeks to establish co-operation between CITES and the above-mentioned Convention.

Comment:

Conclusion: The Community should support this draft Resolution.

16.4. CITES and the International Whaling Commission

16.4.1. Co-operation between CITES and the International Whaling Commission (Mexico) CoP12 Doc. 16.4.1

Summary: This draft Resolution reaffirms in stronger terms the current position as reflected in Resolution Conf. 11.4.

Comments: This needs to be considered in conjunction with Agenda Item 38, a draft Resolution which seeks the repeal of Resolution Conf. 11.4. Disputes over the efficacy or otherwise of the IWC should not be resolved in the CITES forum. There have been no substantial changes in circumstances since the adoption of Resolution Conf. 11.4. It is questionable whether or not there is a need for a further Resolution at this stage.

Conclusion: The Community should seek the withdrawal of this draft Resolution and of that under Agenda Item 38.

16.4.2. Matters relating to the International Whaling Commission (United States of America) CoP12 Doc. 16.4.2

Summary: No document available as of 31st July 2002.

Comment:

Conclusion:

16.5. Statements from representatives of other conventions and agreements (no document)

Summary: No document available as of 31st July 2002.

Comment: The Community should make a statement on the relationship between the CBD and CITES addressing, in particular, the question of clauses in CITES permits concerning the use of genetic resources.

Conclusion:

17. Sustainable use and trade in CITES species (Norway) CoP12 Doc. 17

Summary: This draft text reaffirms the principles of sustainable use and includes references to the role of FAO in the sustainable use of commercial fish species.

Comment: The text is vague and could be quoted to advantage to support opposing arguments in the conservation debate. As such, it does not contribute anything to the work of CITES.

Conclusion: The Community should not support the draft Resolution.

18. Economic instruments and trade policy CoP12 Doc. 18

Summary: No document available as of 31 July 2002.

Comment:

Conclusion:

19. Financing of the conservation of species of wild fauna and flora CoP12 Doc. 19

Summary: This is a report of work done by the Standing Committee following Decisions at CoP11. It incorporates a draft Decision that Parties should inform the Secretariat of best-practice methods in this area and that the Secretariat should analyse these for CoP13.

Comment:

Conclusion: The Community should support the draft Decision.

20. Reports of dialogue meetings

20.1. Results of the African elephant dialogue meeting CoP12 Doc. 20.1

20.2. Results of the hawksbill turtle dialogue meeting CoP12 Doc. 20.2

Summary: No document available as of 31 July 2002.

Comment:

Conclusion:

Interpretation and implementation of the Convention

Review of Resolutions and Decisions

21. Revision of Resolutions and Decisions

21.1. Review of Resolutions

21.1.1. Resolutions to be repealed CoP12 Doc. 21.1.1

21.1.2. Resolutions to be revised CoP12 Doc. 21.1.2

21.2. Review of Decisions CoP12 Doc. 21.2

Summary: No document available as of 31 July 2002.

Comment:

Conclusion:

Regular and special reports

22. Report on national reports required under Article VIII, paragraph 7, of the Convention

22.1. Annual reports CoP12 Doc. 22.1

22.2. Biennial reports CoP12 Doc. 22.2

Summary: No document available as of 31 July 2002.

Comment:

Conclusion:

23. Appendix-I species subject to export quotas

23.1. Leopard

23.1.1. Report on implementation of Resolution Conf. 10.14 on quotas for leopard hunting trophies and skins for personal use CoP12 Doc. 23.1.1

Summary: This is a Report by the Secretariat on the implementation of this Resolution, which sets out additional marking and reporting requirements for Range States.

Comment: The Secretariat's view - that the additional requirements are unnecessary and burdensome in the context of the total volume of exports - has some validity. However, leopard parts and derivatives are being used as a substitute for tiger in traditional Chinese medicines and, therefore, total repeal of the Resolution would be inappropriate.

Conclusion: The Community should favour an amendment of the Resolution to alleviate some reporting obligations.

23.1.2. Amendment to the quota of the United Republic of Tanzania CoP12 Doc. 23.1.2

Summary: This seeks a doubling of the quota for hunting trophies and skins for personal use from 250 to 500.

Comment: Current evidence indicates that the leopard is not endangered in most parts of sub-Saharan Africa and the species is retained on Appendix I largely because Parties do not wish to re-open commercial trade. The current quota goes back to CoP 5.

Conclusion: The Community should support this proposal.

23.2. Markhor CoP12 Doc. 23.2

Summary: No document available as of 31 July 2002.

Comment:

Conclusion:

24. Exports of vicuña wool and cloth CoP12 Doc. 24

Summary: No document available as of 31 July 2002.

Comment:

Conclusion:

25. Transport of live animals CoP12 Doc. 25

Summary: This is a report of the Secretariat on work done to date by the Transport Working Group of the Animals Committee. It incorporates a draft Decision that the Animals Committee should carry out further work to supplement IATA guidelines and report to CoP13.

Comment:

Conclusion: The Community should support the draft Decision.

General compliance issues

26. Compliance with the Convention CoP12 Doc. 26

Summary: No document available as of 31 July 2002.

Comment:

Conclusion:

27. Enforcement matters CoP12 Doc. 27

Summary: This is a report by the Secretariat on enforcement issues. It includes a draft Decision convening a special meeting of enforcement experts to report to CoP13.

Comment:

Conclusion: The Community should note this report and support the draft Decision in principle.

28. National laws for implementation of the Convention CoP12 Doc. 28

Summary: No document available as of 31 July 2002.

Comment:

Conclusion:

29. Verification of the authenticity and veracity of CITES permits and certificates (Chile) CoP12 Doc. 29

Summary: This proposal seeks to use the Internet for verification of permits and certificates.

Comment: The intention is to reduce the fraud associated with paper documentation but the risks associated with the proposal and its feasibility in developing countries need to be explored.

Conclusion: The Community should support the draft Resolution if it is re-worded to favour a more gradual approach - i.e. that the Standing Committee take the matter forward.

30. Implementation of CITES in the European Community (Denmark) CoP12 Doc. 30

Summary: This is a proposal submitted by the Presidency on behalf of the Community seeking the repeal of Resolutions Conf. 6.5 (Rev.) and 8.2 (Rev.) regarding implementation of CITES in the European Community. It takes account of the fact that, since these Resolutions were adopted, the Community has enacted comprehensive Regulation implementing CITES and all Member States have ratified the Convention. It includes a draft Decision urging all Parties who have not yet done so to ratify the Gaborone Amendment before CoP13.

Comments:

Conclusion: The Community should support the proposal.

Species trade and conservation issues

31. Trade in bear specimens CoP12 Doc. 31

Summary: This is a report on Decisions agreed at CoP11 with regard to the trade in bear specimens.

Comment: Most of the issues raised are not unique to bears and reflect what should be proper conservation practice at a broader level.

Conclusion: The Community should note this report and agree to the deletion of the relevant decisions.

32. Conservation of leopard, snow leopard and clouded leopard (India) CoP12 Doc. 32

Summary: No document available as of 31 July 2002.

Comment:

Conclusion:

33. Conservation of and trade in tigers CoP12 Doc. 33

Summary: No document available as of 31 July 2002.

Comment:

Conclusion:

34. Conservation of and trade in elephants

34.1. Illegal trade in ivory and other elephant specimens CoP12 Doc. 34.1

Summary: No document available as of 31 July 2002.

Comment:

Conclusion:

34.2. Illegal hunting of elephants CoP12 Doc. 34.2

Summary: No document available as of 31 July 2002.

Comment:

Conclusion:

34.3. Revision of Resolution Conf. 10.10 (Rev.) on trade in elephant specimens (India, Kenya) CoP12 Doc. 34.3

Summary: This draft revision requires that information systems be put in place to make tourists aware of their legal obligations regarding purchase of ivory in range States. It also requires the Standing Committee to be updated on progress regarding ETIS at every meeting.

Comment:

Conclusion: The Community can support this proposed revision.

35. Conservation of and trade in rhinoceroses CoP12 Doc. 35

Summary: This is a report on the ongoing implementation of Resolution Conf. 9.14 (Rev) on this subject.

Comment: The level of reporting by range States is poor and many of the measures demanded are merely sound conservation practice. The utility of the Resolution is questioned by the Secretariat.

Conclusion: The Community should note this report and support the repeal of this Resolution subject to clarification that this poses no conservation risks.

36. Conservation of and trade in musk deer CoP12 Doc. 36

Summary: No document available as of 31 July 2002.

Comment:

Conclusion:

37. Conservation of and trade in Tibetan antelope CoP12 Doc. 37

Summary: This is a report on the implementation of Resolution Conf. 11.8 on this subject.

Comment: There has been good progress on this issue. However, the Secretariat recommends minor revisions to the Resolution to exclude what are general CITES obligations and to confine the content to issues specific to this species.

Conclusion: The Community should note the report and support the amendments.

38. Controlled trade in specimens of abundant cetacean stocks (Japan) CoP12 Doc. 38

Summary: This draft Resolution seeks the repeal of Resolution Conf. 11.4

Comment: This agenda item needs to be considered in the context of Item 16(d)(i). Disputes over the efficacy or otherwise of the IWC should not be resolved in the CITES forum. There has been no significant change in circumstances since the adoption of Resolution Conf. 11.4.

Conclusion: The Community should seek the withdrawal of this draft Resolution and that under Item 16(d)(i).

39. Conservation of and trade in freshwater turtles and tortoises CoP12 Doc. 39

Summary: No document available as of 31 July 2002.

Comment:

Conclusion:

40. Conservation of and trade in pancake tortoise Malacochersus tornieri (Kenya) CoP12 Doc. 40

Summary: This draft Resolution lays down stricter rules concerning the ranching of this species.

Comment: A Conference Resolution on this subject is unnecessary and the draft tabled is based on old data.

Conclusion: The Community should favour other means of pursuing this issue, such as the Significant Trade Process.

41. Conservation of sharks:

41.1. Conservation and management of sharks (Australia) CoP12 Doc. 41.1

41.2. Conservation of and trade in sharks (Ecuador) CoP12 Doc. 41.2

Summary: Both these draft Resolutions deal with the lack of progress in implementing FAO IPOA-Sharks.

Comment: The Australian document is the more detailed but it contains some phrases that could be seen as provocative. The Ecuador document is more balanced in its presentation of the issue.

Conclusion: The Community should support the Ecuador document, with amendments if necessary.

42. Conservation of sturgeons and labelling of caviar:

42.1. Implementation of Resolution Conf. 10.12 (Rev.) on conservation of sturgeons CoP12 Doc. 42.1

42.2. Consolidation of Resolutions relating to sturgeons and trade in caviar CoP12 Doc. 42.2

Summary: No document available as of 31 July 2002.

Comment:

Conclusion:

43. Conservation of seahorses and other members of the family Syngnathidae CoP12 Doc. 43

Summary: No document available as of 31 July 2002.

Comment:

Conclusion:

44. Conservation of and trade in Dissostichus species (Australia) CoP12 Doc. 44

Summary: This draft Resolution is intended to complement the listing proposal for these species by ensuring that CCAMLR documentation can be regarded as meeting the legal requirements consequential to a listing of the species and by urging Parties to consult with the CCAMLR Secretariat before issuing a Certificate of Introduction from the Sea.

Comment: This draft Resolution needs to be addressed in the light of the Community's view of the listing proposal. A CITES listing can only be effective if it can be linked (e.g. via annotation or accompanying Resolution) to the condition that CITES parties trading in Dissostichus must implement the Catch Documentation Scheme of CCAMLR in order to make the non-detriment finding required under CITES. Otherwise, the draft Resolution contained in Document 16.1 - with amendments if necessary - remains the preferred option.

Conclusion: The Community cannot support this draft Resolution and the listing proposal unless they are amended so that the above condition is met.

45. Trade in sea cucumbers in the families Holothuridae and Stichopodidae (United States of America) CoP12 Doc. 45

Summary: This paper explores the issues associated with conservation and sustainable management of these groups.

Comment:

Conclusion: The Community should note this paper.

46. Biological and trade status of Harpagophytum CoP12 Doc. 46

Summary: No document available as of 31 July 2002.

Comment:

Conclusion:

47. Conservation of Swietenia macrophylla: report of the Mahogany Working Group CoP12 Doc. 47

Summary: This report presents a number of recommendations directed mainly at range States.

Comment: The recommendations have some minor enforcement implications for importing countries. However, the problems with the mahogany trade are best dealt with via Appendix II listing.

Conclusion: The Community should note this report, support the recommendations and press for Appendix II listing.

48. Implementation of Resolution Conf. 8.9 (Rev.) on trade in specimens of Appendix II species taken from the wild

48.1. Revision of Resolution Conf. 8.9 (Rev.) CoP12 Doc. 48.1

Summary: Although the document for this agenda item was not available by 31 July, it is expected to consist of a new draft resolution designed to make the Significant Trade Process more simple flexible, and transparent.

Comment:

Conclusion: The Community should support measures aimed at improving the transparency and efficiency of the Significant Trade Process.

48.2. Saiga tatarica: Summary of the CITES-sponsored workshop in Kalmykia in May 2002 and presentation of the draft conservation action plan (United States of America) CoP12 Doc. 48.2

Summary: No document available as of 31 July 2002.

Comment:

Conclusion

49. Nationally established export quotas for Appendix II species: the scientific basis for quota establishment and implementation (United States of America) CoP12 Doc. 49

Summary: This is a discussion paper on the difficulties encountered with the quota system.

Comment:

Conclusion: The Community should welcome this paper and offer additional comments.

Trade control and marking issues

50. Management of export quotas

50.1. Improving the management of annual export quotas and amendment of Resolution Conf. 10.2 (Rev.) Annex 1 on permits and certificates (Germany) CoP12 Doc. 50.1

Summary: This draft Resolution submitted by Germany on behalf of the European Community is intended to improve the transparency of the export quota provisions.

Comments: A number of problems with the existing provisions, such as late notification of quotas, carry-over of unused portions of quotas from the previous year etc. are dealt with in this draft Resolution.

Conclusion: The Community should support this draft Resolution.

50.2. Implementation and monitoring of nationally established export quotas for species listed in Appendix II of the Convention (United States of America) CoP12 Doc. 50.2

Summary: This draft decision seeks to establish an inter-sessional working group on this issue.

Comment: The draft Resolution included in Document 50.1 addresses this problem and removes the need for a working group.

Conclusion: The Community should encourage withdrawal of this draft decision.

51. Trade in time-sensitive biological samples CoP12 Doc. 51

Summary: The document for this item is not yet available. However, it is understood to include proposals for fast-tracking such samples in cases where there are no conservation concerns.

Comment: The Member States had worked on this issue in their preparation for the CoP but it was agreed to await the Secretariat's proposals.

Conclusion: The Community should support measures aimed at reducing the administrative burden relating to such samples.

52. Movements of collections of samples

52.1. Movement of sample reptile skins and other related products CoP12 Doc. 52.1

Summary: No document available as of 31 July 2002.

Comment:

Conclusion:

52.2. Use of certificates for movements of sample collections, covered by an ATA or TIR carnet and made of parts or derivatives of species included in Appendices II and III (Italy, Switzerland) CoP12 Doc. 52.2

Summary: This draft Resolution, submitted by Italy on behalf of the Community and by Switzerland, deals with specimens that are part of travelling exhibitions.

Comments: Use of ATA or TIR can simplify the procedures involved for such specimens and reduce the risk of fraud. However, the provisions of the relevant Conventions will have to be amended.

Conclusion: The Community should support the draft Resolution.

53. Trade regimes for timber species CoP12 Doc. 53

Summary: This is a report on a Decision at CoP11 that the Secretariat investigate the utility of various silvicultural techniques with regard to CITES provisions on ranching, artificial propagation and quotas for timber species.

Comment: Arising from the Secretariat's work, the Plant's Committee is currently reviewing the use of Source codes for timber species

Conclusion: The Community should note the report and agree to deletion of the Decision.

Exemptions and special trade provisions

54. Personal effects

54.1. Trade in personal effects CoP12 Doc. 54.1

Summary: No document available as of 31 July 2002.

Comment:

Conclusion:

54.2. Personal effects made of crocodilian leather (Venezuela) CoP12 Doc. 54.2

Summary: This draft Resolution provides for an exemption as personal effects of up to 8 crocodile leather goods from Appendix II or captive-bred Appendix I species.

Comment: Possible loopholes need to be checked but there is no objection in principle. Similar proposals for other species groups in the future should be examined on their own merits.

Conclusion: The Community could support an amended draft.

55. Operations that breed Appendix-I species in captivity for commercial purposes

55.1. Revision of Resolutions Conf. 8.15 and Conf. 11.14 on guidelines for a procedure to register and monitor operations that breed Appendix-I animal species for commercial purposes CoP12 Doc. 55.1

Summary: No document available as of 31 July 2002.

Comment:

Conclusion:

55.2. Applications to register operations that breed Appendix-I animals species for commercial purposes CoP12 Doc. 55.2

Summary: No document available as of 31 July 2002.

Comments:

Conclusion:

56. Non-commercial loan, donation or exchange of museum and herbarium specimens (United States of America) CoP12 Doc. 56

Summary: This is a discussion paper on the difficulties encountered with smooth operation of this exemption provision.

Comment: Many scientific institutions in the Community benefit from this exemption but other Parties have encountered problems due to non-uniform implementation.

Conclusion: The Community should note the content of this paper and exchange information with other Parties on problems encountered.

57. Travelling live-animal exhibitions (Russian Federation) CoP12 Doc. 57

Summary: This draft Resolution seeks to extend the current provisions (in Conf. Res. 8.16) to any live animals in travelling exhibitions, rather than just pre-Convention or captive-bred specimens as at present.

Comment: The core issue is the use of first-generation captive-born specimens of Appendix I species (Indian elephants in particular) for commercial purposes. The draft fails to provide a mechanism that avoids undermining the provisions regarding captive breeding and commercial transactions involving such species.

Conclusion: The Community should not support this draft Resolution.

Amendment of the Appendices

58. Criteria for amendment of Appendices I and II CoP12 Doc. 58

Summary: It is understood that Parties will be asked whether or not to agree to a text prepared by a majority of the working group or to go along with the view of the Chair of the Plants Committee that the matter needs further discussion.

Comments: Although the draft text produced by the working group represents a considerable achievement, this is a sensitive issue and merits further work if a broader support base can thus be achieved.

Conclusion: The Community should support a Conference Decision extending and clarifying the mandate of the working group, and carrying the work forward in the light of the existing draft.

59. Amendment of the Appendices with regard to populations CoP12 Doc. 59

Summary: No document available as of 31 July 2002.

Comment:

Conclusion:

60. Annotations for medicinal plants in the Appendices CoP12 Doc. 60

Summary: No document available as of 31 July 2002.

Comment:

Conclusion:

Other themes and issues

61. Establishment of a working group to analyse relevant aspects of the application of CITES to marine species (Chile) CoP12 Doc. 61

Summary: This draft Resolution seeks the establishment of a working group on marine species issues.

Comment: There is considerable overlap between what is proposed here and the mandate of the Criteria Working Group.

Conclusion: The Community should favour asking the Criteria Working Group to deal with these issues.

62. Bushmeat CoP12 Doc. 62

Summary: This is a report of the activities of the Bushmeat working group.

Comment: The report concludes that the group has been instrumental in improving communication and co-ordination between the countries affected by the trade and recommends that it should continue to CoP 13 with external funding.

Conclusion: The Community should note this report and support an extension of the group's mandate, but ensuring that it works in close collaboration with the CBD Liaison Group on this issue.

63. The rescue of dependent apes from war zones (Kenya) CoP12 Doc. 63

Summary: This draft Resolution seeks to waive permit requirements under certain circumstances.

Comment: The issues raised here are not unique to apes and the plight of other dependant animals should be considered.

Conclusion: The Community is sympathetic to the objective of this draft Resolution but considers that the underlying principles need to be clarified.

64. Trade in traditional medicines CoP12 Doc. 64

Summary: No document available as of 31 July 2002.

Comment:

Conclusion:

65. Publicity materials CoP12 Doc. 65

Summary: This is report on the implementation of Decision 11.131 on this subject by the Secretariat.

Comment:

Conclusion: The Community should note this report.

Consideration of proposals for amendment of Appendices I and II

66. Proposals to amend Appendices I and II CoP12 Doc. 66

>TABLE POSITION>

Conclusion of the meeting

67. Determination of the time and venue of the next regular meeting of the Conference of the Parties (no document)

Summary: No document available as of 31 July 2002.

Comments:

Conclusion: The Community shall support the candidature of any Member States proposing to host the next Conference and endeavour to avoid the situation where two or more Member States compete for this task.

68. Closing remarks (no document)