Proposal for a Council Decision on the approval on behalf of the Community on the amendments to Appendices I and II to the Bonn Convention on the conservation of migratory species of wild animals as decided by the Fifth Meeting of the Conference of the Parties to the Convention
Date: 1997-07-07
Institutions: European Commission
Subjects: bird, international convention, protected species, protection of animal life, wildlife

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

Brussels,  07.07.1997 
COM(97)  349  final 

97/0192  (CNS) 

Proposal  for  a 

COUNCIL  DECISION 

ON THE APPROVAL ON BEHALF OF THE COMMUNITY 
ON THE AMENDMENTS TO APPENDICES I AND H TO THE BONN 
CONVENTION 
ON THE CONSERVATION OF MIGRATORY SPECIES OF WILD ANIMALS 
AS DECIDED BY THE FIFTH MEETING OF THE CONFERENCE OF THE 
PARTIES 
TO THE CONVENTION 

(presented  by  the  Commission) 

EXPLANATORY  MEMORANDUM 

1.  The  objective  of  the  Bonn  Convention  is  the  conservation  of  migratory  species  of 
wild  animals.  This  objective  comes  under  Article  13Or  of  the  EC  Treaty,  i.e. 
preserving,  protecting  and  improving  the  quality  of the  environment.  Given  that  the 
purpose  of  the  Convention  is  to  protect  and  conserve  migratory  species  whose 
migration  is  not  confined  within  national  frontiers,  the  most  appropriate  way  of 
applying this Convention  is to take action and measures at the widest possible level. 

2.  The Community  concluded  the Convention in question by means of  Council  Decision 

82/461/EEC1. 

3.  The fifth meeting of the Contracting Parties to the Bonn Convention was held from  10 
to  16 April  in Geneva.  At this meeting  it was decided,  amongst  other things, that 21 
globally threatened  species are added to Appendix I of the Convention  and 22 species 
are added to Appendix II of the Convention. 

4.  In  accordance  with  Article  XI  of  the  Convention,  an  amendment  to  the  Appendices 
shall  enter  into force  for  all Parties ninety days after  the meeting of the Conference  of 
the Parties  at which  it was adopted, except for those Parties which  make a reservation 
in accordance with paragraph  6 of this Article. 

5.  The  approval  of  the  amendments  by  the  Community  requires  compliance  with 
procedures  laid down  in Article 228, paragraphs 2 and 3 of the Treaty.  In view of the 
urgency  of  this  matter  the  Council  may  lay  down  a  time-limit  in  which  Parliament 
shall deliver its opinion. 

6.  In the  light of these considerations, the Commission proposes to the Council to  adopt 

the enclosed  decision. 

1 OJECNoL210,  19.7.1982. 

X. 

-  PROPOSAL  FOR  A  COUNCIL  DECISION 

ON THE  APPROVAL OK BEHALF OF THE  CQ]A1I;ÇUKLTY 
ON THE  AMENDMENTS  TO APPENDICES  IANU  TL TO  THE BO-KIT 
CONVENTION 
ON THE  CONSERVATION  OF MIGRATORY  SPECIES  CE' WILD  ANEAIAJJS 
AS DECIDED  BY TEE FIFTH MEETING  OF THE  CONFERENCE  OI  'HIE 
PARTIES 
TO THE  CONVENTION 

THE COUNCIL OF THE EUROPEAN UNION 

Having regard to the Treaty establishing the European Community  and in particular Article  13 Or, 
paragraph  4,  in  conjunction  with  Article  228, paragraph  2,  first  sentence,  and  paragraph  3, first 
subparagraph. 

Having regard to the proposal from  the Commission  , 

Having regard to the opinion of the European Parliament6, 

Whereas the European Community  is a Party to the Convention on the conservatkn of migratory 
species of wild animals following  Council Decision 82/461/EEC of 24 June  1982", 

Whereas at the Fifth  Meeting of the Conference  of the Parties, held  in Geneva  on  10 to  16 April 
1997,  21  threatened  migratory  species  were  included  in  Appendix  I  of  the  Convention  and  22 
species  were  included  in  Appendix  II  of  the  Convention;  whereas  the  Commission  has 
participated  in this meeting on behalf of the Community. 

Whereas  11 of the species are covered  by Council Directive  79/409/EEC on the conservation  of 
wild birds'", 

Whereas,  pursuant  to  Article  XI  of  the  Convention,  an  amendment  to  the  Appendices  of  the 
Convention  shall  enter  into  force  for  all  Parties  ninety  days after  the  meeting  of the  Conference 
of  the  Parties  at  which  it  was  adopted,  except  for  those  Parties  which  make  a  reservation  in 
accordance with paragraph  6 of this Article, 

Whereas  it is necessary for the Community to approve the amendments to Appendices I and II of 
the Convention  adopted  at the  Fifth  Meeting  of the Contracting Parties  within  the  deadline  laid 
down  in Article XI of the Convention, 

'OJ 
2OJ 
3  OJNOL210,  19.7.1982, p.10 
"OJNOL  103, 25.4.1979, p.l 

DECIDES AS  FOLLOWS 

Single Article 

The inclusion of the species Lutra provocax,  Lutra felina,  Pontoporia  blainvillei, Hippocame lus 
bisulcus,  Spheniscus  humboldti,  Diomedea  amsterdamensis,  Phoenicoparrus  andinus, 
Phoenicoparrus  jamesi,  Anser  erythropus,  Branta  ruficollis,  Marmaronetta  angustirostris, 
Aythya  nyroca, Polysticta  stelleri, Aquila  clanga, Aquila  heliaca, Falco  naumanni,  Sarothrura 
ayresi,  Chettusia gregaria, Larus atlanticus, Hirundo atrocaerulea, Acrocephalus paludicola  in 
Appendix  I  of the  Convention  on the  Conservation  of the  Migratory  Species  of Wild  Animals 
and  of  the  species  Phocoena  spinipinnis,  Phocoena  drioptica,  Cephalorhynchus  eutropia, 
Lagenorhynchus  obscurus,  Spheniscus  demersus,  Diomedea  exulans,  Diomedea  epomophora, 
irrorata,  Diomedea  nigripes,  Diomedea  immutabilis,  Diomedea  melanophris, 
Diomedea 
Diomedea  bulleri,  Diomedea  cauta,  Diomedea  chlororhynchos,  Diomedea  chrysostoma, 
Phoebetria  fusca,  Phoebetria  palpebrata,  Sarothrura  ayresi,  Crex  crex,  Amazona  tucumana, 
in  Appendix  II  of this  Convention  is  hereby 
Hirundo  atrocaerulea,  Acrocephalus paludicola, 
approved on behalf of the European  Community. 

Done at... 

For the Council 

<t-

ISSN 0254-1475 

COM(97) 349 final 

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