Proposal for a Council Decision on the Community position to be adopted on certain proposals submitted to the 11th meeting of the Conference of the parties to the Convention on International Trade in Endangered Species of wild fauna and flora (CITES) Gigiri, Kenya, 10 - 20 April 2000
Date: 2000-03-17
Institutions: European Commission
Subjects: marketing, protected species, protection of animal life, protection of plant life, trade restriction

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 17.03.2000
COM(2000) 146 final

2000/0063 (ACC)

Proposal for a

COUNCIL DECISION

on the Community position to be adopted on certain proposals submitted to the
11th meeting of the Conference of the Parties to the Convention on International
Trade in Endangered Species of Wild Fauna and Flora (CITES) Gigiri, Kenya,
10 - 20 April 2000

(presented by the Commission)

1.

2.

3.

4.

5.

6.

EXPLANATORY MEMORANDUM

The 11th meeting of the Conference of the Parties to CITES will be held in Gigiri,
Kenya, from 10 – 20 April 2000.

The text of the Convention was changed in 1983 to allow Regional Economic
Integration Organisations such as the EC to become a Party. However, an insufficient
number of Parties have ratified this change in order for it to come into effect.
Diplomatic efforts continue to achieve the necessary ratifications but this has proved
a slow process and at best it might be hoped that the Community can become a Party
in time for the 12th Conference of the Parties in 2002.

However, 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 therein1,
it is necessary, on the basis of Article 133 of the Treaty, to adopt a Community
position on proposals submitted to it.

On 14 January 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.

In the case of agenda items 19, 20, 30, 31, 33, 37, 40, 46, 48, 53, 54, 56, and 57 some
documents for the Conference are not yet available and in these cases it is not
possible 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.

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.

1

OJ L61 of 03.03.1997, p.1

2

7.

Four issues are likely to dominate the discussions surrounding the amendment of the
appendices: whales, African elephants, sea turtles and sharks. On whales,
the
Community’s position should be unambiguous: no return to commercial whaling
until the International Whaling Commission deems that the appropriate management
controls are in place. Concerning African elephants, following the experimental re-
opening of international trade that took place last year, African states have put
forward conflicting proposals to expand or
trade. The
Community should reject all
these proposals whilst established monitoring
mechanisms deliver an assessment of the conservation impact of the trade that has
already been sanctioned. Cuba is repeating previous attempts to restart international
trade in sea turtle products. However, doubts remain about the sustainability of any
long-term harvesting of these animals. Three proposals for tighter regulation of
international trade in various shark species merit attention or support. However care
will need to be taken to ensure that they do not cut across actions taken in other fora
such as FAO.

international

to halt

3

2000/0063 (ACC)

Proposal for a

COUNCIL DECISION

on the Community position to be adopted on certain proposals submitted to the 11th
meeting of the Conference of the Parties to the Convention on International Trade in
Endangered Species of Wild Fauna and Flora (CITES) Gigiri, Kenya, 10 - 20 April 2000

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,

Whereas:

(1)

(2)

(3)

(4)

(5)

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 19962.

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.

In such circumstances where Community rules have been promulgated 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.

The Community has not yet been able to become a contracting party to the
Convention.

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.

2

OJ L61 of 03.03.1997, p.1

4

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 11th 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 Annex 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

5

Annex to Council Decision on the Community position to be adopted on certain
proposals submitted to the 11th Conference of the Parties to the Convention on
International Trade in Endangered Species of Wild Fauna and Flora. Gigiri, Kenya
10-20 April 2000

Strategic and administrative matters

Rules of Procedure

1.
Summary: Amongst the changes to the CoP Rules of Procedure agreed by the Standing
Committee for adoption at the CoP is a new Rule 11.2 which would permit Parties that are
members of a regional economic integration organisation to be seated together if they so wish.

Doc. 11.1

Comments: If the Member States were able to sit together at the Conference, this would
greatly facilitate co-ordination, particularly when proposals to be voted upon are subject to
last minute changes which could not be accounted for during pre-session co-ordination
meetings. The Presidency would have the possibility to invite the Commission to join them
(Rule 11.4)

Conclusion: The Community shall actively support the proposed rule change related to
seating arrangements for members of regional economic integration organisations and if it is
agreed by the Plenary, request to be seated together for the remainder of CoP11.

2.

3.
4.
5.
6.
7.
8.

Election of Chairman and Vice-Chairmen of the meeting and of Chairmen of
Committees I and II and of the Budget Committee
Adoption of the Agenda
Adoption of the Working Programmes
Establishment of the Credentials Committee
Report of the Credentials Committee
Admission of observers
Matters related to the Standing Committee
1. Report of the Chairman
2. Election of new regional and alternate regional members

Doc. 11.3
Doc. 11.4

Doc. 11.7

Doc. 11.8

Summary:

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

Comments: The current representation for the European Region is as follows:
i)
ii) Russian Federation – term of office expires at the close of CoP12 (alternate Bulgaria)
iii) United Kingdom – term of office expires at the close of CoP11 (alternate France)
Already declared candidates for the vacant posts are:
Member: France and Greece.
Alternate: Portugal.

Conclusion: The Community shall 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.

6

9.

10.

11.

Reports of the Secretariat
1. Annual report of the Secretariat
2. Staffing of the Secretariat

Doc. 11.9.1
Doc. 11.9.2

Financing and budgeting of the Secretariat and of meetings of the Conference of
the Parties
Doc. 11.10.1
1. Financial report for 1997, 1998 and 1999
2. Estimated expenditures for 2000
Doc. 11.10.2
3. Budget for 2001-2002 and Medium-term Plan for 2001-2005 Doc. 11.10.3
Doc. 11.10.4
4. External funding

Committee reports and recommendations
1. Animals Committee
a) Report of the Chairman
b) Election of new regional and alternate regional members

Doc. 11.11.1

Summary:

Comments: The current representation for the European Region is as follows:
i) Dr Marinus HOOGMOED (NL) (alternate Dr Tom TEW - UK)
ii) Dr Katalin RODICS (HU) (alternate Dr Olof BISTROM - FI)
Already declared candidates are:
Members: Dr Marinus HOOGMOED (NL), Dr Katalin RODICS (HU) and Dr Thomas
ALTHAUS (CH)
Alternates: None yet declared.

Conclusion: The Community shall 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.

2. Plants Committee
a) Report of the Chairman
b) Election of new regional and alternate regional members

Doc. 11.11.2

Summary:

Comments: The current representation for the European Region is as follows:
i) Dr Margarita CLEMENTE (ES) (alternate Dr Dieter SUPTHUT - CH)
ii) Dr Jan de KONING (NL) (alternate Dr Hanna WERBLAN-JAKUBIEC - PL)
Already declared candidates are:
Members: Dr Margarita CLEMENTE (ES) and Dr Jan de KONING (NL)
Alternates: Dr Dieter SUPTHUT (CH) and Dr Hanna WERBLAN-JAKUBIEC (PL)

Conclusion: The Community shall 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.

3. Identification Manual Committee
4. Nomenclature Committee
a) Report of the Chairmen
b) Recommendations of the Committee

Doc. 11.11.3

Doc. 11.11.4.1
Doc. 11.11.4.2

7

12.

13.
14.

15.

Evolution of the Convention
1. Action plan to improve the effectiveness of the Convention Doc. 11.12.1
2. Strategic plan for the Convention
Doc. 11.12.2
3. Co-operation and synergy with the Convention on Biological Diversity and
other biodiversity-related conventions
4. Improvement of the effectiveness of the Convention: financing conservation of
species of wild fauna and flora

Doc. 11.12.3

Doc. 11.12.4

Terms of reference of permanent committees
Synergy with the United Nations Food and Agriculture
Organization
International Whaling Commission
1. Relationship with the International Whaling Commission
2. Reaffirmation of the synergy between CITES and the International Whaling
Commission

Doc. 11.15.1

Doc. 11.15.2

Doc. 11.14

Doc. 11.13

Summary: Two “rival” draft Resolutions are presented. Doc 11.15.1 essentially reconfirms
the applicability of Resolution Conf. 9.24 and Doc 11.15.2 essentially reconfirms the
existence of Resolution Conf. 2.9 and the consultation elements of Resolution Conf. 9.24.

Comments: There is a need for a Community position on this issue because of its impact on
the listing of cetacean species in the CITES appendices. Disputes over the efficacy or
otherwise of the IWC should not be resolved in the CITES forum. It is curious that Doc.
11.15.1 does not propose repealing Resolution Conf. 2.9, indicating that the strategy of pro-
whaling Parties may be to obtain a down-listing with zero quota – a result not incompatible
with the retention of Resolution Conf. 2.9. Neither draft resolution appears to advance debate
on this matter, both being somewhat self-evident. Resolution Conf. 2.9 was re-endorsed at
CoP10 and there have been no substantial changes in circumstances since then.

Conclusion: The Community shall seek the withdrawal of both draft Resolutions.
In the event that they are put to the vote, the Community shall vote against Doc 11.51.1 and in
favour of Doc. 11.51.2

16.

Recognition of the important contribution made by observers to the CITES
process at meetings of the Conference of the Parties

Doc. 11.16

Consolidation of valid Resolutions

Interpretation and implementation of the Convention
17.
Summary: Three further elements (cetaceans, enforcement and scientific exchanges) in the
exercise to consolidate past resolutions. This time two versions are presented, one a simple
lumping together of all previous text on the subject,
the second incorporating minor
representation by the CITES Secretariat.

Doc. 11.17

Comments: Although at least one of the subject matters under review is a sensitive one, there
is no reason to break with the previous practise of permitting the Secretariat to make minor
presentational changes in consolidating past resolutions on one subject. Such an approach aids
clarity and therefore makes proper implementation of these Resolutions more likely. The fact
that they are not binding on Parties makes it even more sensible to seek this clearer option
which has proved successful in the past.

Conclusion: The Community shall follow the Secretariat’s proposal and support adoption of
Annexes 1B, 2B and 3B of Doc 11.17.

8

18.

Interpretation and implementation of Article III, paragraph 5, Article IV,
paragraphs 6 and 7 and Article XIV, paragraphs 4, 5 and 6, relating to
introduction from the sea

Doc. 11.18

Summary: Proposes a draft resolution to clarify the practical application of the Convention in
relation to specimens introduced from the sea.

Comments: With the increasing probability of marine species in trade being included in the
appendices of CITES, such clarification is overdue. The measures proposed, relating to
definitions, certification and trade reporting, cover all the main areas of potential confusion
and the solutions proposed offer a sound basis for discussion. The draft will however need
amendment to clarify some technical points. Under Regulation 338/97 we will maintain the
need for import permits rather than certificates of introduction from the sea in the EU.

Conclusion: The Community shall support this initiative and actively contribute to the
drafting of a Resolution.

19.

20.

Report on national reports required under Article VIII, paragraph 7 (a), of the
Convention
Enforcement
1. Review of alleged infractions and other problems of implementation of the
Convention
2. Implementation of Resolutions

Doc. 11.20.1
Doc. 11.20.2

Doc. 11.19

Summary: Decision10.120 requested the Secretariat to list the Conf. Resolutions still in effect
and assess their implementation. Hardly any Parties reported on which Resolutions they
implement. The Secretariat suggests instead to try and identify which Resolutions pose
implementation problems for Parties.

Comments: The EU’s existing table of Resolutions and their
Community has been cited by the Secretariat as an example of what
Commission will update this table after CoP11.

implementation in the
is needed. The

Conclusion: The Community shall support the alternative tack proposed by the Secretariat and
agree to provide relevant information to the Secretariat in due course.

21.

National laws for implementation of the Convention
1. National legislation project

Doc. 11.21.1

Summary: The project to assess the suitability of Parties’ national legislation to implement
CITES began in 1992. The legislation of most Parties has now been reviewed although there
is a need for ongoing revision. Only 25% of Parties have adequate legislation. The Secretariat
proposes a new Decision on this subject, which presents a more passive approach than
previously. This will involve recording any new legislation reported by Parties and providing
advice to Parties requesting it, with priority for those Parties already identified as having the
weakest national implementation measures. This strategy has been approved at the 42nd
meeting of the Standing Committee.

Comments: The existence of adequate legislation to implement
the Convention is a
fundamental necessity if CITES is to achieve its objectives. Given the fact that 75% of the
Parties do not have satisfactory legislation, it is clear that much more remains to be done. The
co-operative stance proposed by the Secretariat, stressing the assistance on offer to Parties
whose national implementation legislation is inadequate is helpful

9

Conclusion: The Community shall support the Secretariat’s recommended Decision, but
emphasise the need for sanctions in cases where weak national legislation badly compromises
implementation of the Convention and offers of assistance are not taken up – see Doc11.21.2.

2. Measures to be taken with regard to Parties without adequate legislation
Doc. 11.21.2

serious deficiencies in their national

Summary: Reports on measures taken in relation to the Parties identified at Cop10 as having
implementing legislation. Significant
the most
improvements occurred in almost all cases. The Secretariat proposes further action to address
outstanding problems in other Parties. Fiji, Turkey, Viet Nam and Yemen face a trade
suspension if they do not adopt adequate legislation by 31 October 2001. Other Parties whose
legislation has been noted as inadequate are required to give a report to the Secretariat who
will recommend necessary action at CoP12.

Comments: The Secretariat and the Standing Committee should be congratulated on obtaining
significant legislative improvements under this initiative in countries such as Guyana, Senegal
and Egypt which are engaging in wildlife trade on a significant scale. It is important to pursue
this initiative further as the existence of adequate legislation to implement the Convention is a
fundamental necessity if CITES is to achieve its objectives. It should be clarified exactly
which Parties are referred to in paragraph 3 a) of the draft decision.

Conclusion: The Community shall support the draft Decision proposed by the Secretariat and
confirm its willingness apply any sanctions recommended by the Standing Committee.

Reporting of seizures

22.
Summary: Draft Resolution proposing closer co-operation between Parties involved in the
event of seizures of specimens and arrest or prosecution of a foreign national.

Doc. 11.22

Comments: Enforcement co-operation is of great importance to the effective implementation
of CITES. It is particularly important to be able to “back-track” following the identification of
an infraction to see if others involved in the activity can be apprehended and to understand
better how the chain of illegal transactions was conducted. However, for legal or investigatory
reasons it may be best not to disclose information to others immediately in certain cases and
the current language of the draft reflects this. The views of INTERPOL and WCO, which
both have their own networks for information exchange, should be sought.

Conclusion: The Community shall support the principle of the draft Resolution and contribute
to drafting a final text.

Persistent offenders

23.
Summary: Recommends that the CITES Secretariat compile and maintain a blacklist of
persistent offenders against CITES provisions and that such persons be denied CITES permits
whilst on the list.

Doc. 11.23

Comments: Although the frustration of the drafters is understandable, there are a number of
flaws in the proposal. The list serves no purpose unless it results in some action and the action
proposed (denial of permits) may well prove legally impossible to implement especially
where the applicant has committed no crime in the country of application and the application
itself is perfectly legal. It is also to be anticipated that persistent offenders will find it

10

relatively easy to hide behind aliases and front firms to avoid identification. Attempts to apply
similar lists in other fora have not been successful.

Conclusion: The Community shall not support the draft Resolution.

Use of annotations in the appendices

24.
Summary: Decision 10.70 called for a clarification of the use of annotations in the
appendices. The resulting draft Resolution divides annotations into reference (information
purposes only) and substantive (part of a listing) annotations, with significant guidance
provided on the use and changing of the latter.

Doc. 11.24

Comments: The use of annotations to the appendices, for a variety of purposes, has got out of
hand over time. Although their use increases flexibility, they also make the Convention more
complicated to implement. The draft presents a useful clarification although it is unlikely to
stem the tide of increasingly complex annotations.

Conclusion: The Community shall support the proposal and contribute to the drafting of a
final text.

25.

Procedure for the review of criteria for amendment of Appendices I and II
Doc. 11.25

Summary: The Resolution (Conf. 9.24) establishing the current listing criteria foresaw their
review prior to CoP12. This document from the Chairs of Animals and Plants Committees
presents terms of reference and a timetable for this review. It provides for the establishment of
a Criteria Working Group drawn up on a regional basis from the members of the Animals and
Plants Committees and assisted by four co-opted members. This Group report will be
discussed extensively with the Parties and the Animals/Plants Committees before being
endorsed by the Standing Committee for presentation to CoP12. Using examples researched
by the Animals and Plants Committees the Group will assess the scientific validity and
applicability of the existing criteria and the guidance that accompanies them.

Comments: Whilst inevitably a little subjective, the objectives of the review seem broadly
satisfactory. The timetable however looks rather ambitious particularly that part scheduled for
the year 2000. It will be important to co-opt qualified individuals from interested and affected
organisations such as ITTO and FAO to avoid “parallel” reviews by these organisations
which would be unhelpful.

Conclusion: The Community shall support the proposed Terms of Reference in principle and
play an active part in their finalisation.

Definition of the term "appropriate and acceptable destinations" Doc. 11.26

26.
Summary: An attempt to elaborate on a rather clumsy term used in listing annotations related
to live specimens. The text goes into considerable detail about restrictions upon and
consultations over exports under these terms.

Comments: The draft appears over prescriptive for an issue of relatively minor conservation
significance. In addition several aspects would appear to be in excess of the requirements of
the Convention (e.g. ban on re-exports). An alternative approach is to be found in amendment
proposal 11.25, which is much simpler and should be sufficient to clarify the issue although
as currently proposed it would only apply to elephants.

11

Conclusion: The Community shall support the draft Resolution only if it is amended along the
lines of the text found in amendment proposal 11.25, which has the same objective (although
at present limited to elephants).

Recognition of risks and benefits of trade in wildlife

27.
Summary: Seeks to rewrite Resolution Conf. 8.3 in terms that stress the difficulties of
achieving sustainability and urges the consideration of alternatives to commercial trade in
wildlife (presumably refers tourism).

Doc. 11.27

Comments: The substantive part of the draft Resolution adds little to the operative part on
Resolution Conf. 8.3 and the remainder consists largely of truisms. There would appear to be
no reason why commercial trade and tourism cannot co-exist, indeed they are combined in the
case of sport-hunting. Given that the principle of sustainable use (for commercial purposes or
otherwise) is firmly enshrined in many international instruments, the attention of CITES
should be focussed on delivering its objectives rather than listing the difficulties in its
implementation.

Conclusion: The Community shall not support the draft Resolution.

28.

Quotas for species in Appendix I
1. Leopard

Doc. 11.28.1

Summary: Doc. 11.28.1 shows that firstly trade in leopard skins is being carried out at levels
considerably less than approved as sustainable by the Conference of the Parties but secondly
that a number of the Parties that were granted these quotas have not been fulfilling the special
reporting requirements specified in Resolution Conf. Res. 10.14

Comments: Although it might seems unwise to “reward” Parties who fail to fulfil reporting
obligations placed upon them by the Conference of the Parties, these obligations do seem
burdensome if they serve no practical purpose.

Conclusion: The Community shall support efforts to make the reporting requirements for
Parties allocated leopard quotas more standardised and appropriate to conservation and
control needs.

2. Markhor

Doc. 11.28.2

Summary: Under the quota system approved by CoP10, no markhor were hunted in Pakistan
in 1997 and 3 were hunted in 1998. The specimens were tagged in accordance with Conf
10.15. Pakistan provided the required information on the status of the species in 1997 but no
new information in 1998. The Secretariat suggests that the provision of such information
annually may be too onerous and that a different interval could be agreed.

Comments: No major problems have been encountered in the use of the export quota for
hunting trophies approved for this species in Pakistan. A report on the status of the species in
1997 showed no cause for concern. The requirement to report annually on the status of the
species does indeed appear rather onerous for a species found in such a remote area, there
would seem no conservation reason to object to a longer timeframe for reporting.

Conclusion: The Community shall note the use of this quota and agree to suitable changes in
the reporting timescale in Conf 10.15.

12

Trade in bear specimens

29.
Summary: A report from the Secretariat about trade in bears and bear parts as required by
Decisions 10.44 and 10.65 based largely on contributions from the Parties. However, this
situation is still a cause for concern and the Secretariat proposed to draw up another report on
the subject, with contribution from Parties by 31.07.01.

Doc. 11.29

Comments: This is a rather upbeat report considering past concerns about trade in bear parts.
Some clarification of the Community’s stricter measures will be needed to respond to
criticisms in Para 3 about apparent confusion over whether Appendix II bear hunting trophies
can be considered personal effects or not. Although not specifically named, this clearly refers
to EU stricter domestic measures.

Conclusion: The Community shall welcome the report and support the move for a further
review before CoP12.

30.

31.

Conservation of and trade in tigers
1. Implementation of Resolution Conf. 9.13 (Rev.)
2. Implementation of Decision 10.66
Conservation of and trade in elephants
1. Experimental trade in raw ivory of populations in Appendix II

Doc. 11.30.1
Doc. 11.30.2

2. Monitoring of illegal trade and illegal killing
3. Revision of Resolution Conf. 10.10

Doc. 11.31.1
Doc. 11.31.2
Doc. 11.31.3

Summary: Proposes changes
to Resolution Conf. 10.10 particularly in respect of
arrangements for monitoring of illegal elephant killing (replacement of MIKE and ETIS),
non-commercial buy-outs of official ivory stocks (removal of need for Conservation Trust
Funds) and trade in live animals.

Comments: Although MIKE has not yet attracted the funding necessary to begin in earnest, it
forms an important element in assessing the impact of trade in African elephant products. The
alternative approach in Doc 11.31.3 is rather loose; it does not provide sufficient opportunity
for the Secretariat to verify indications of increased poaching and proposes over-precipitous
action in such an eventuality. There is also no need to alter the ETIS programme at present; it
is generating useful information. Given the lack of progress on Decision 10.2, changes in the
arrangements for non-commercial buyouts of ivory may be warranted but their success cannot
be guaranteed. The Community should be wary of contributing in detail to these mechanisms
unless there is a clear intention of contributing financially afterwards. The proposals relating
to Secretariat fund raising for in-situ elephant conservation and restrictions on the export of
live specimens would appear to be out of the scope of CITES. Concerning the proposed
changes in relation to trade in live specimens, these would appear to be excessive in relation
to the conservation needs of the African elephant and impractical when dealing with inter-zoo
movements.

Conclusion: The Community shall oppose the revision Resolution Conf. 10.10 as proposed.

4. Non-commercial disposal of ivory stockpiles

Doc. 11.31.4

Summary: This documents merely repeats the elements of Doc 11.31.3 which concern
Decision 10.2 – non-commercial buy-outs of official ivory stocks. It proposes that, subject to
marking etc, government ivory stocks may be “sold” at any time provided that revenues are
used for elephant conservation.

13

Comments: Given the lack of progress on Decision 10.2, changes in the arrangements for
non-commercial buyouts of ivory may be warranted but their success cannot be guaranteed.
The proponents suggest that it is the establishment of Conservation Trust Funds that has
prevented non-commercial buy-outs becoming a reality. In fact the reasons are probably more
fundamental than this. Decision 10.2 envisaged only the sale of stocks registered in the initial
audit in 1997. The “sale” of governmental stockpiles at any time does risk the acquisition of
further ivory for this purpose but if it can be guaranteed that funds generated will be used for
elephant conservation this might not present any conservation problems. The Community
should be wary of contributing in detail to these mechanisms unless there is a clear intention
of contributing financially afterwards. We have already been accused of bad-faith in the past
on this point.

Conclusion: The Community shall only support the principle of this draft and contribute to its
elaboration if there is a clear intention to contribute financially afterwards.

Conservation of and trade in rhinoceroses

32.
Summary: A report by the Secretariat on the rhino situation and in particular Resolution Conf.
9.14 and Decision 10.45. After investigation, the proposal to develop new standardised
indicators to measure changes in levels of illegal hunting of rhinos appeared rather ill-judged.
The Standing Committee refused to sanction the expenditure required and preferred to look
for synergy with existing monitoring system. The Secretariat considers that the whole of
Resolution Conf. 9.14 should be repealed or radically revised.

Doc. 11.32

Comments: Although the problem of illegal trade in rhino horn has certainly not been
resolved, it does seem that the situation has stabilised somewhat. Resolution Conf. 9.14 was
drafted at a time when fears for the future of rhinos were at their peak. Whatever revision
might been agreed, needs the support of the range states.

Conclusion: The Community shall support the repeal or substantial revision of Resolution
Conf. 9.14.

Exports of vicuña wool and cloth
Conservation of and control of trade in Tibetan antelope

33.
34.
Summary: A draft Resolution originating from an International Workshop on the species (Oct
1999). It
largely calls for attention to be focussed on illegal trade in this species and
particularly in woollen (shahtoosh) shawls.

Doc. 11.33
Doc. 11.34

Comments: Several Member States were involved in the workshop that drew up this draft
Resolution. The EU is a major consumer. Although the preamble congratulates several
Member States on enforcement action taken, further initiative should be developed, perhaps in
the forum of the EU Enforcement Group. The proposals relating to privately owned shahtoosh
garments might not be enforceable in practice.

Conclusion: The Community shall support the draft Resolution with minor amendments.

Trade in freshwater turtles and tortoises to and in South-east Asia

35.
Doc. 11.35
Summary: A discussion paper that highlights the alarming unsustainable use of SE Asian
chelonians. It proposes that range states and importers undertake a number of activities to
address this problem, culminating in a technical workshop which will report to the Animals
Committee.

14

Comments: Although most of the species concerned are not listed on CITES, there are
precedents for such an approach (cf. Resolution Conf. 9.15 on edible-nest swiftlets). There
seems no reason why this should not be developed into a Resolution, although there will need
to be some confidence that the necessary funds can be located outside the CITES Trust Fund.
Enthusiastic support from SE Asian countries will be essential if this exercise is to be a
success. The potential role of the Convention on Biological Diversity on issues like this could
be usefully stressed here.

Conclusion: The Community shall support the preparation of a Resolution on the basis of this
discussion paper.

Trade in seahorses and other members of the family Syngnathidae

36.
Doc. 11.36
Summary: This is a similar discussion paper to Doc 10.35, although the recommendations are
aimed more widely at different actors (CITES Parties, hobby industry, traditional medicine
industry, scientists).

Comments: Although the conservation problems are perhaps less acute than with SE Asian
chelonians, there are doubts over the sustainability of current use – hence the listing on Annex
D of Regulation 338/97. The potential role of the Convention on Biological Diversity on
issues like this could be usefully stressed here.

Conclusion: The Community shall support the preparation of a Resolution on the basis of this
discussion paper.

37.

38.

Identification and reporting requirements for trade in specimens of hard coral

Timber species
1. Report from the Secretariat

Doc. 11.37

Doc. 11.38.1

Summary: This report deals with the 15 Decisions adopted at CoP10 concerning Timber
species. Many of the objectives have been discharged or are now redundant and it
is
recommended that the relevant Decision should be repealed. For others concerning the
Timber Working Group, review of listed timber species, use of silvicultural techniques and
trade reporting efficacy it is proposed that they are rolled forward to CoP12.

Comments: Progress has been made on identification of timber products, thanks to the efforts
of Spain but on other points, previous Decisions appear to have been rather superfluous or
have been given low priority and have been deferred.
Conclusion: The Community shall broadly support the proposals of the Secretariat concerning
previous Decisions on timber species and reschedule and refocus deferred matters where
appropriate.

2. Progress in the conservation of Swietenia macrophylla (bigleaf mahogany)
Doc. 11.38.2

Summary: Doc. 11.38.2 is a report on a workshop convened following the unsuccessful
attempt to list Swietenia macrophylla in Appendix II at CoP10. The workshop reaffirmed the
commitment of those countries that have listed the species in Appendix III to apply the
necessary controls and of all range states present to co-operate in efforts to ensure sustainable
harvesting of the species.

Comments: No particular action is called for by Doc 11.38.2

15

Conclusion: The Community shall note the contents of Doc 11.38.2

Standard nomenclature

39.
Summary: This document from the Nomenclature Committee revises Resolution Conf. 10.22
and updates the list of standard nomenclatural references for species included or proposed for
inclusion in the appendices.

Doc. 11.39

Comments: The establishment of standard nomenclatural references is a useful practical tool
in the application of CITES. The incremental process of identifying such references should be
supported. The inclusion in point d) of the operative part of the draft, of a reference for the
distribution of tortoises and turtles is a new departure. It would appear to be outside of scope
of the Resolution and outside the terms of reference of the Nomenclature Committee. In the
expectation that the listing proposal for the genus Mantella will be successful, the question of
a nomenclatural reference for this genus should be addressed.

Conclusion: The Community shall support the draft Resolution with the exception of the last
reference in point d) and shall suggest a standard reference for the genus Mantella.

40.

41.

Assistance to Scientific Authorities for making non-detriment
findings
Significant trade in Appendix-II species
1. Implementation of Resolution Conf. 8.9

Doc. 11.40

Doc. 11.41.1

Summary: An information paper presented by the Secretariat summarising action taken on
particular animal species in the course of the Significant Trade process (1992-1999).

Comments: Quite a clear summary of a complicated process. Should be read in conjunction
with Doc. Inf. 11.2

Conclusion: The Community shall note the contents of this information paper

2. Revision of Resolution Conf. 8.9

Doc. 11.41.2

Summary: Resolution Conf. 8.9 launched the Significant Trade process for fauna species. The
present draft proposes minor changes to the approach and more importantly extends its
provisions to plants.

Comments: Modelled on the EU approach in the previous wildlife trade Regulation 3626/82,
Resolution Conf. 8.9 has proved particularly successful at reducing unsustainable use of
Appendix II species. So successful that in recent years the Animals Committee has had some
difficulty in identifying problem situations to examine. However its limitation to animals was
a drawback. The present draft incorporates language to allow plant taxa to be evaluated using
one unified system, this is not easy given the differences in available information between the
two Kingdoms. Given the close linkage between Community policy and the Significant Trade
process, it will be important for the Community to take an active part in the final drafting of
this Resolution. The objective being to ensure that the Community’s stricter measures can be
accommodated within the CITES framework.

Conclusion: The Community shall support the draft Resolution and play an active part in its
final drafting.

16

42.

Trade in specimens of species transferred to Appendix II subject to annual
export quotas

Doc. 11.42

Summary: Reports on the two populations of crocodile species that fall into the category
indicated in the document title.

Comments: The record keeping of Tanzania concerning export of Crocodilus niloticus skins
and trophies leaves something to be desired as can be seen from the Secretariat’s report.

Conclusion: The Community shall note the report.
43.

Amendment of Resolution Conf. 5.10 on the definition of "primarily commercial
purposes"

Doc. 11.43

Summary: This draft amendment to Resolution 5.10 proposes relatively minor changes to the
definition of primarily commercial purposes. It is most substantive in giving examples of
application in cases of field conservation programmes but also proposes that importation for
the production of offspring for sale shall be considered as a primarily commercial.

Comments: The drafters confuse conservation benefit with commercial purposes. Concerning
point 4, it is probably true that the Convention is rather outmoded in prohibiting transactions
which although beneficial to the conservation of the species are also primarily commercial but
this is the way that the Treaty is drafted. The other substantive change – new para f) – would
appear
to be unnecessary because even where specimens are transferred to private
conservancies, the primary purpose of import would almost certainly be non- commercial. If
then one could envisage many other circumstances (private hobby
it
breeder/propagators etc) in which a case could be made that the conservation benefits override
the commercial aspects. This is a slippery slope. It is true that Resolution Conf. 5.10 provides
guidelines rather than a definition, this is a delicate issue. However these guidelines have
stood the test of time rather well and it would be unwise to unravel them

is commercial,

Conclusion: The Community shall oppose the proposed amendments to Resolution Conf. 5.10

Bushmeat as a trade and wildlife management issue

44.
Summary: The apparent increase and commercialisation of the bushmeat trade particularly in
Africa has been highlighted in recent years. As this discussion document shows, solutions are
to be found largely outside the scope of CITES. The document proposes the establishment of
a working group to develop a programme of action on this subject.

Doc. 11.44

Comments: The Committee already agreed the desirability of discussing this issue at CoP11
on Trade in Wild Fauna and Flora. There is an international trade dimension and CITES can
be used as a catalyst for action. It will be important to seek support from those Parties within
whose territory bushmeat
trade is widespread. The potential role of the Convention on
Biological Diversity on issues like this could be usefully stressed here

Conclusion: The Community shall support the involvement of CITES in this issue and the
establishment of an inter-sessional working group on the subject.

45.

Amendment of Resolution Conf. 9.6
1. Concerning diagnostic samples, samples for identification, research and
taxonomic purposes and cell cultures and serum for biomedical research

Doc. 11.45.1

Summary: Proposes considering DNA samples, cell cultures and serum as not readily
recognisable in CITES terms.

17

Comments: This proposal has been widely discussed in the Committee on Trade in Wild
Fauna and Flora. Whilst the Community should press for all parts to be adopted a fall-back
may be to delete those items in the second bullet point as they are not clearly needed for the
conservation benefit of the species. It is worth pointing out that the problem only arises
because the Community has a totally comprehensive definition of “readily recognisable”
enshrined in law. Any Parties who object to the proposal should be questioned on their own
legal possibilities on this point.

Conclusion: The Community shall actively support the proposed amendment.

2. Concerning final cosmetic products containing caviar

Doc. 11.45.2

Summary: Proposes considering final cosmetic products containing caviar of sturgeon species
included in Appendix II as not readily recognisable in CITES terms.

Comments: This issue arose at the European Regional meeting of January 1999 hosted by the
Commission. The approach has been discussed at length in the Committee on Trade in Wild
Fauna and Flora. The logic of the proposal
is evident but comparisons with trade in
Traditional Medicine products (e.g. musk Moschus) will need to be handled sensitively. If
Parties insist on adding other products where the lack of conservation impact is less clear, we
may need to reconsider our position. It is worth pointing out that the problem only arises
because the Community has a totally comprehensive definition of “readily recognisable”
enshrined in law. Any Parties who object to the proposal should be questioned on their own
legal possibilities on this point.

Conclusion: The Community shall actively support the proposed amendment.

46.
47.

Cross-border movements of live animals for exhibition
Revision of resolutions on ranching and trade in ranched
specimens

Doc. 11.46

Doc. 11.47

Summary: Revises and consolidates two existing Conference Resolutions on the subject
(5.16(Rev) and 10.18) and provides for universal application of the ranching principle –
previously it was limited to crocodilians. The proposal mandates the Secretariat to determine
when an alteration of the management of the species necessitates a fresh proposal to the
Conference of the Parties.

Comments: Ranching has proved quite a successful management technique in CITES terms.
The proposal clarifies the rules governing this activity and gives them wider applicability. It
should be welcomed.

Conclusion: The Community shall support the Animals Committee’s proposal and contribute
to the finalisation of a consolidated Resolution.

48.

Registration of operations breeding specimens of Appendix-I species in captivity
for commercial purposes
Animal hybrids: amendment of Resolution Conf. 10.17

49.
Summary: Proposes a small change to Conf. Resolution 10.17 to the effect that a hybrid
animal shall be treated according to the ‘highest’ annex in which any of its antecedents in the
previous four generations occurred. i.e. Appendix I if any specimens in its previous four
generations was an Appendix I specimen etc.

Doc. 11.48
Doc. 11.49

18

Comments: The proposed change is based on a suggestion from Australia at CoP10,
subsequently adopted by the Animals Committee and promulgated in Notification 1998/28.
Whilst
it would probably be desirable to restrict opportunities for evading controls by
extensively controlling trade in hybrid specimens, the wording of Article 2(t) of Regulation
338/97 would not appear to permit this in the Community at present.

Conclusion: The Community shall support the proposed amendment to Resolution Conf.
10.17, whilst making it clear that it may not be possible for us to implement it completely in
the immediate future.

Use of microchips for marking live animals in trade

50.
Summary: Proposes amendments to Resolution Conf. 8.13, to the effect that microchipping
can be helpful as an identification tool for all live specimens. It divorces CITES from the ISIS
database.

Doc. 11.50

Comments: This Resolution, even in its amended form, has little direct impact but can be seen
as broadly helpful. The linkage to ISIS never worked properly and incurred unnecessary
budgetary commitments.

Conclusion: The Community shall support the proposed amendment to Resolution Conf. 8.13
and contribute to the final drafting.

Universal tagging system for the identification of crocodilian skins

Doc. 11.51
51.
Summary: Document proposing relatively minor changes existing Resolution Conf. 9.22 to
deal with technical difficulties encountered and incorporate the contents of Resolution Conf.
6.17.

Comments: Most changes seem sensible and understandable. However the proposed additions
to point i) should be queried. It is unclear what the purpose of establishing a system of
registration of tanners would be and it seems that the only actual “producers” of crocodilian
skins are the crocodiles themselves.

Conclusion: The Community shall support the proposed amendment of Resolution Conf. 9.22
and contribute to the drafting of a practical revision of the text.

52. Movement of sample crocodilian skins
Summary: Proposes that the Secretariat investigate ways to streamline the procedures for the
permitting of tagged crocodilian skins to be used in trade shows and returned to their country
of origin.

Doc. 11.52

Comments: A simple request. European manufacturers of leather goods have expressed
requests for similar measures for industrial samples. The difference being that the specimens
are not marked in any way. However as draft decision seeks only to explore the possibilities,
the Community could request the extension of the enquiry to all reptile products. It may be
possible to draft a Conference Resolution on this subject at CoP11, if so care should be taken
to ensure that it is framed in a way that can be implemented through the Community’s
existing legal framework.

Conclusion: The Community shall support the draft Decision and seek its extension to other
reptile products. If the opportunity arises, the Community should press for a Conference
Resolution on this subject to be agreed and contribute to its drafting.

19

53.

Universal labelling system for the identification of sturgeon specimens (caviar)

Transport of live animals
Definition of the term "prepared"

54.
55.
Summary: Draft Resolution that seeks to define the word “prepared” in the context of “so
prepared and shipped as to minimise the risk of injury, damage to health, or cruel treatment”
as used in the text of the Convention in relation to the trade in live specimens. The definition
would extend to all processes from capture to the point of export.

Doc. 11.53
Doc. 11.54
Doc. 11.55

Comments: It is undoubtedly true that excessive mortality in capture and pre-export handling
is wasteful and can make it more difficult to achieve sustainability. However the terms of the
Convention clearly relate the term “prepared” to the shipping of the specimens. It follows that
this term should only apply when the handling of the specimens has a direct bearing on their
survival etc during shipping. The proposal would best be considered as an amendment to
Resolution Conf. 10.21

Conclusion: The Community shall support the proposal provided that the term “prepared” is
limited to relate only to circumstances when the treatment of live specimens will have a
bearing on their fitness for shipping.

56.
57.
58.

Trade in traditional medicines
The Information Management Strategy
Potential risk of wildlife trade to the tourism industry

Doc. 11.56
Doc. 11.57
Doc. 11.58

Summary: Draft Resolution that highlights the commercial importance but also the possible
side-effects of wildlife-related tourism. It notes possible threats to tourism industries from
wildlife trade.

Comments: Much of this draft Resolution appears outside the scope of CITES. The perceived
threat to tourism from wildlife trade is cited as that from poaching and the “bush wars” which
sometime result during its control. Poaching is a danger whether or not wildlife trade is
occurring. It is worth noting that in the case of sport hunting, tourism and wildlife trade are
actually combined.

Conclusion: The Community shall oppose the draft Resolution.

20

Consideration of proposals for amendment of Appendices I and II

59.

Proposals to amend Appendices I and II
1. Proposals resulting from the periodic review by the Plants Committee
Doc.11.59.1

Prop No.

Taxon/Detail

Proposal

Proponent

Comments

Position

-

+

+

+

+

+

+

+

+

+

+

+

+

+

11.1

Ceropegia spp.

11.2

Frerea indica

11.3

Byblis spp.

11.4

Disocactus macdougalli

11.5

Sclerocactus mariposensis

11.6

Cephalotus follicularis

11.7

Dudleya stolonifera
Dudleya traskiae

11.8

Cyathea spp.

listings

a) Change
of
current
Cyatheaceae spp. to Cyathea spp.
(including Alsophila, Nephelea,
Sphaeropteris, Trichipteris)

Cibotium barometz
Dicksonia spp.

b) Change current listing of
Dicksoniaceae spp. to Dicksonia
spp. (originating in the Americas
only) and Cibotium barometz

11.9

Shortia galacifolia

11.10

Lewisia cotyledon
Lewisia maguirei
Lewisia serrata

II - 0

II - 0

II - 0

I - II

I - II

II - 0

I - II

II - 0

II - 0

CH

CH

AU

CH

CH

AU

CH

CH

CH

CH

CH

11.11

Darlingtonia californica

II - 0

CH

21

2. Proposals concerning export quotas for specimens of species in Appendix I or
II

Doc. 11.59.2

Prop No.

Taxon/Detail

Proposal

Proponent

Comment

11.12

niloticus
Crocodylus
(1600 W, Unlimited R)

(TZ pop)

II - II

TZ

The net result of this proposal is an increase of 500 p.a. in the
export quota for wild-taken specimens. Precautionary measure
Resolution Conf.. 9.24 Annex 4 B.2 c) applies.

In view of the lack of effective ranching in Tanzania,
unlimited quota for ranched specimens should be opposed.

the

Position

-

+

+

3. Other proposals

Doc. 11.59.3

Prop No.

Taxon/Detail

Proposal

Proponent

Comments

Position

+

+

-

-

-

-

-

-

-

11.13

Manis crassicaudata
Manis pentadactyla
Manis javanica

II - I

IN/US

Cited criteria - Resolution Conf..9.24, Annex 1.C/D – not met.
Two of the species are currently being dealt with through the
Significant Trade process.

11.14

Tursiops truncatus ponticus

II - I

GE/US

11.15

Eschrichtius robustus

(Eastern North Pacific stock)

11.16

Balaenoptera acutorostrata
(Southern Hemisphere stock)

11.17

Balaenoptera acutorostrata
(Okhotsk Sea – West Pacific stock)

I - II

I - II

I - II

JP

JP

JP

Little evidence that biological criteria – Resolution Conf. 9.24
Annex 1.B/C - are met. Recent international trade very limited.
Does not comply with split-listing guidelines in Resolution
Conf. 9.24 Annex 3.

Biological criteria met but precautionary measures (Resolution
Conf. 9.24 Annex 4) not clear. Proposal conflicts with
Resolution Conf. 2.9

Biological criteria met but precautionary measures (Resolution
Conf. 9.24 Annex 4) not clear. Proposal conflicts with
Resolution Conf. 2.9

Biological criteria probably met but precautionary measures
(Resolution Conf. 9.24 Annex 4) not clear. Proposal conflicts
with Resolution Conf. 2.9

11.18

Balaenoptera acutorostrata (NE
Atlantic & N. Atlantic Central
stock)

I - II

NO

Biological criteria met but precautionary measures (Resolution
Conf. 9.24 Annex 4) not clear. Proposal conflicts with
Resolution Conf. 2.9

11.19

Parahyaena brunnea

II - 0

NA/CH

11.20

Loxodonta africana (ZA pop)

I - II

ZA

a)
trade in raw ivory under an
experimental quota of a maximum
of 30 tonnes of whole tusks of
stock
government
Kruger
originating
National Park,
the
to
provisions as set out in Resolution
Conf. 10.10; Decision 10.1 and
document Doc. SC.41.6.4 (Rev. 2)

owned
from the
subject

b)

trade in live animals for

re-

Need to take into account the view of the Panel of Experts
(Resolution Conf. 10.9) and the evaluation of the Standing
Committee (Decision 10.1).

However in the absence of fully operational monitoring systems
foreseen by Resolution Conf. 10.10 it would be unwise to
proceed with further experimental trade at this stage, particularly
trade in raw ivory

22

introduction purposes into protected
areas formally proclaimed in terms
importing
of
country

legislation of

the

c) trade in hides and leather goods

d) trade in hunting trophies for non-
commercial purposes

e) all other
specimens shall be
deemed to be specimens of species
in Appendix I and the trade in them
shall be regulated accordingly

11.21

Loxodonta africana (BW pop)

II - II

BW

Summary of net change from existing circumstances:

Amend Annotation (cid:176) 604 regarding
the
Loxodonta
population
africana of BW to read:

of

(cid:176) 604: For the exclusive purpose of
the
the
allowing
population of BW:

case

of

in

by

owned

a) trade in registered stocks of raw
ivory (whole tusks and pieces) of
the
BW origin
Government of BW for commercial
purposes only to CITES-approved
trading partners who will not re-
export and subject
to an annual
quota of 12 tonnes (12,000 kg)
ivory;

in

trade

b)
appropriate
destinations;

live
and

animals

to
acceptable

- annual export of 12t of raw ivory to any Party

- re-export of exported live animals allowed

- hunting trophy exports allowed for any purpose

- trade in hide and leather goods allowed

In the absence of fully operational monitoring systems foreseen
by Resolution Conf. 10.10 it would be unwise to proceed with
further experimental trade at this stage, particularly trade in raw
ivory

international

c)
trophies;

trade in hunting

d) trade in hides and leather goods

11.22

Loxodonta africana (NA pop)

II - II

NA

Net change from existing circumstances:

-

-

Amend Annotation o604 regarding
the NA population of Loxodonta
africana to read:

o604: For the exclusive purpose of
allowing,
the
the
population of NA:

case

of

in

a) trade in hunting trophies for non-
commercial purposes;

b) trade in live animals for non-
commercial purposes to appropriate
(as
and acceptable
national
determined
by
legislation
of
import);

destinations

country

the

the

of

c) trade in hides and leather goods;

origin

d) trade in registered stocks of raw
ivory (whole tusks and pieces) of
NA
the
Government of the Republic of NA
for commercial purposes, to trading
partners that have been verified by

owned

by

- annual export of 2t of raw ivory to any Party

- re-export of exported live animals allowed and now for
commercial purposes as well

- trade in hide and leather goods allowed

In the absence of fully operational monitoring systems foreseen
by Resolution Conf. 10.10 it would be unwise to proceed with
further experimental trade at this stage, particularly trade in raw
ivory

23

to have
the CITES Secretariat
sufficient national
legislation and
domestic trade controls to ensure
that ivory imported from NA will
not be re-exported and will be
all
according
managed
requirements
Resolution
of
Conf. 10.10 concerning domestic
manufacturing
and
and
subject to a maximum annual quota
of 2,000 kg ivory

trade,

to

11.23

Loxodonta africana (ZW pop)

II - II

ZW

Summary of net change from existing circumstances:

Amend Annotation o604 regarding
the ZW population of Loxodonta
africana to read:

- annual export of 10t of raw ivory to any Party

- re-export of exported live animals allowed

- hunting trophy exports now restricted to non-commercial
purpose

- trade in hide and leather goods allowed

- re-export of exported hides, leather goods and ivory carvings
allowed

In the absence of fully operational monitoring systems foreseen
by Resolution Conf. 10.10 it would be unwise to proceed with
further experimental trade at this stage, particularly trade in raw
ivory

o604: For the exclusive purpose of
allowing
the
the
population of ZW:

case

of

in

a) trade in registered stocks of raw
ivory (whole tusks and pieces) of
ZW origin stored at
the Central
government store for commercial
purposes, to trading partners with
adequate controls and enforcement
that will not re-export,
measures;
and subject to a maximum annual
quota of 10,000 kg ivory;

b) trade in hunting trophies for non-
commercial purposes;

c) trade in live animals for non-
commercial purposes to appropriate
and acceptable destinations;

d) trade in hides;

e) trade in leather goods and ivory
carvings
non-commercial
purposes

for

11.24

Loxodonta africana (App. II pops)

II - I

IN/KE

11.25

Loxodonta africana

II - II

CH

The proposal concentrates largely on past events and presents no
new information about the status of the species in its Appendix
II range states.

Useful clarification if annotation (cid:176) 604 remains in place, but
would be better applied to all species - see agenda point 26.

+

Amendment of the annotation (cid:176) 604
concerning Appendix II populations
of Loxodonta africana.

In the event of proposals being
adopted with the provision that
trade in live animals is allowed for
to
non commercial purposes, or
"appropriate
acceptable
and
destinations" only,
the following
paragraph shall be added to the
annotation:

-

-

is

to

live

animals

To ensure that where a) destinations
for
"be
appropriate and acceptable" and/or
b) the purpose of the import is to be
"non-commercial", export permits
and re-export certificates may be
issuing
issued
after
only
Authority
Management
has
from the Management
received,

the

24

Authority of the state of import, a
certification to the effect that:

holding

In case a), in analogy to Article III,
paragraph 3(b) of the Convention,
facility
been
has
the
competent
reviewed
the
Scientific Authority,
the
and
proposed recipient has been found
to be suitably equipped to house
and care for the animals; and/or

by

In case b), in analogy to Article III,
paragraph 3(c), the MA is satisfied
that the specimens will not be used
for primarily commercial purposes

11.26

Dugong dugon (AU pop)

II - I

AU

11.27

Vicugna vicugna (App. I pops)

I - II

BO

11.28

Vicugna vicugna

II - II

BO

(Delete 0 quota for trade in cloth
from pops in App. II)

11.29

Moschus spp. (App. II pops)

II - I

IN/US

11.30

Ovis vignei (Unlisted suspp.)

0 - I

11.31

Rhea pennata pennata (AR pop)

I - II

11.32

Falco rusticolus (N. American pop)
(Zero quota W)

I - II

DE

AR

US

11.33

Eunymphicus cornutus cornutus

II - I

FR

This proposal might be considered a useful “tidying” exercise
and the result would be in line with the Annexes of Regulation
338/97. However, it is rather contradictory:

If there is no trade in this species as indicated then the proposal
is superfluous, if there is a possibility of trade then the proposed
annotation would appear incorrect as the AU population may
qualify for Appendix I through Resolution Conf. 9.24 Annex
1.C

The proposal should be supported without the annotation.

Clarification from the proponents needed about whether this
proposal relates to all Appendix I populations or only those in
Bolivia

Clarification from the proponents needed about whether this
proposal relates to all Appendix I populations or only those in
Bolivia

there have been declines in the
Although it appears that
Appendix II populations of these species, their magnitude is very
difficult to decide. Given the importance of this trade in TCM,
ensuring sustainable use through the Significant Trade process
might be preferable to Appendix I listing.

The criteria for downlisting are met but the annotation makes it
clear that the real purpose of the proposal is to avoid the over-
burdensome rules
trade in captive-bred Appendix I
specimens.

for

The EU will need to make it clear that although we recognise the
proposal’s appropriateness in North America, if is successful we
will not be implementing it for reasons of domestic legislation
compatibility.

Appears to be being proposed largely as a look-alike for
Eunymphicus cornutus uveaensis . Such an inclusion is not
provided for under CITES Article II.

Withdrawal of the proposal would be preferable.

11.34

Eunymphicus cornutus uveaensis

II - I

FR

Although the wild population is small and contained in a
restricted area in conformity with Resolution Conf. 9.24 Annex

25

+

+

+

+

+

-

-

1 Paras A and B, there is little evidence that the secondary
criteria in these cases ( i) - v) and i ) – iv) apply.

As all trade would appear to be illegal and the main market is
indicated as “Europe” the EU should acknowledge the need to
improve enforcement measures
relating to trade in this
subspecies.

Withdrawal of the proposal would be preferable.

11.35

Garrulax canorus

0 - II

CN

Resolution Conf. 9.24 Annex 2a B i) (at least) is met

11.36

Cuora s.l.

0 - II

DE/US

Cuora amboinensis
Cuora flavomarginata
Cuora galbinifrons
Cuora trifasciata;

(Conf. 9.24 Annex 2a criterion B)
and

Cuora aurocapitata
Cuora mccordi
Cuora pani
Cuora yunnanensis
Cuora zhoui
Conf. 9.24 Annex 2a criterion A
and/or B)

11.37

Clemmys guttata

0 - II

US

11.38

Geochelone sulcata

II - I

FR

11.39

Malacochersus tornieri

II - I

KE/US

11.40

Eretmochelys imbricata (Caribbean
pop in CU waters)

I - II

CU/DM

For
the
allowing:

exclusive purposes of

Little evidence provided that the species meets the biological
criteria of Resolution Conf. 9.24, which are actually misquoted
in the proposal in a way that gives the proposal more importance
than it merits.

Difficult to quantifying the status of this species clearly. May be
best to focus on Resolution Conf. 9.24 Annex 1 Para C and D as
the species does not really have a small population or a restricted
range sensu Resolution Conf. 9.24.

is handicapped by the fact

Not much information about the status of the species and the
the only country
proposal
that
to a trade ban
previously exporting specimens is subject
recommendation from the Standing Committee under
the
Significant Trade process. However the species is included in
Annex A of Regulation 338/97 – logic dictates support.

As observed by the EU study visit, the precautionary measures
(Resolution Conf. 9.24 Annex 4) appear in order. However the
status of the species in Cuban waters is much more unclear and
in addition about half of the turtles caught appear to have been
born in other countries.

+

+

+

+

-

-

1. the export in one shipment of all
existing
registered management
stocks of shell accumulated from
CU’s management
programme
between 1993 and March 2000 (up
to
total
to
consumption within JP with no re-
export; and

6,900 kg)

JP for

to

or

2. the export each year thereafter, to
JP
Parties with
other
equivalent controls, which will not
re-export,
500
not more
specimens

than

26

11.41

Eretmochelys imbricata (Caribbean
pop in CU waters)

I - II

CU

the

1993

For
exclusive purposes of
allowing the export in one shipment
of registered management stocks of
shell accumulated legally in CU
national management
from a
programme
and
between
March 2000 (up to 6,900 kg) to JP
total consumption within JP
for
re-exports. All
with
other
no
imbricata,
E.
specimens
including wild stocks in CU waters,
will be treated as specimens of
species
and
in Appendix
international trade in them shall be
regulated accordingly

of

I

As observed by the EU study visit, the precautionary measures
(Resolution Conf. 9.24 Annex 4) appear in order. However the
status of the species in Cuban waters is much more unclear and
in addition about half of the turtles caught appear to have been
born in other countries.

Support for permitting the stockpile (only) to be exported could
be contemplated if
there was widespread support amongst
Caribbean parties for such a downlisting.

11.42

Crocodylus moreletii (Sian Ka'an,
Quintana Roo pop)

I - II

MX

11.43

Varanus melinus

11.44

Crotalus horridus

II - I

0 - II

DE

US

Biological criteria not met.

Resolution Conf. 9.24. Annex 2a not met. If serious population
declines are occurring, it seems most unlikely that the small
level of international trade is playing a part.

11.45

Bufo retiformis

II - 0

US

No trade.

11 46

Mantella spp. (except M.
aurantiaca)

0 - II

NL/US

Resolution Conf. 9.24 Annex 2a B met for most species. Need to
stress the relevance of Annex 2b B for the remaining taxa.

11.47

Rhincodon typus

0 - II

US

11.48

Carcharodon carcharias

0 - I

AU/US

11.49

Cetorhinus maximus

0 - II

GB

Support from Madagascar needs to be sought at an early stage.

Given the lack of understanding of the biology and status of this
species, it would not be appropriate to read too much into the
anecdotal catch-per-unit-effort declines in certain localities.
However the proposal could be supported if it were strengthened

Little evidence that the biological criteria for Appendix I are met
but if amended to a listing in Appendix II listing the proposal
could be supported. The practicalities of any listing would need
to be considered careful, so too any overlap with the FAO
International Plan of Action for
the Conservation and
Management of Sharks.

Notwithstanding seasonal fluctuations in populations, a number
of significant population declines are documented indicating that
Resolution Conf. 9.24 Annex 2a B is met. The species is
certainly
the
international
practicalities of such a listing would need to be considered
careful, so too any overlap with the FAO International Plan of
Action for the Conservation and Management of Sharks.

trade. However,

sought

in

11 50

Latimeria spp. (except L.
chalumnae)

0 - I

FR/DE

11.51

Latimeria menadoensis

11.52

Poecilotheria spp.

0 - I

0 - II

ID

US

It seems reasonable to assume that this species is very rare and
hence the biological criteria are met. With respect to trade, point
b) iii) appears to apply – there is potential international demand
for specimens.

See Proposal 11.50

Although the proposal
these species are in
indicates that
international trade in some numbers, there little if any evidence
of any harmful impact of the trade

27

-

-

-

-

-

+

+

+

+

11.53

annotation

To harmonize exemptions related to
medicinal products by combining
for
the
current
and
Podophyllum
Rauvolfia
with
annotation #8 for Taxus wallichiana
in the Interpretation of Appendices
I and II

hexandrum

serpentina

#2

CH

Presented on behalf of the Plants Committee.

11.54

Panax ginseng (roots)

0 - II

RU

11.55

Araucaria araucana (AR pop)

11.56

CACTACEAE spp.

Exempt up to three specimens of
rainsticks
(Cactaceae, Echinopsis
and Eulychnia) per person from
CITES controls

11.57

Kalmia cuneata

11.58

Camptotheca acuminata

II - I

II - 0

II - 0

0 - II

AR

CL

US

CN

11.59

Cistanche deserticola

0 - II

CN

There is circumstantial evidence of a significant decline in wild
populations of this species due to international trade. The criteria
in Resolution Conf. 9.24 Annex 2a are therefore met. However,
attention needs to be given to the practical application of any
listing and in particular the annotations to be attached.

The proposal is probably not possible under the terms of the
Convention. An alternative approach (such as a Conference
Resolution) which achieved a similar effect could be supported.

International trade is not a factor affecting the conservation of
this species.

There is circumstantial evidence of a significant decline in wild
populations of this species due to international trade. The criteria
in Resolution Conf. 9.24 Annex 2a are therefore met. However,
attention needs to be given to the practical application of any
listing and in particular the annotations to be attached.

There is circumstantial evidence of a significant decline in wild
populations of this species due to international trade. The criteria
in Resolution Conf. 9.24 Annex 2a are therefore met. However,
attention needs to be given to the practical application of any
listing and in particular the annotations to be attached.

11.60

Harpagophytum procumbens

0 - II

DE

Attention may need to be given to the practical application of
any listing and in particular any annotations to be attached.

Harpagophytum zeyheri

11.61

Adonis vernalis (except live potted
plants)

11.62

Guaiacum sanctum

0 - II

II - I

DE

US

Attention may need to be given to the practical application of
any listing and in particular any annotations to be attached.

It is not clear from the proposal that the biological criteria for
Appendix I listing are met. However, quoted information from
various expert sources is sometimes contradictory or unclear. On
present information the proposal should not be supported but
information should be sought to confirm this conclusion.

+

+

+

+

+

+

+

+

-

-

Conclusion of the meeting

60.

Determination of the time and venue of the next regular meeting of the
Doc. 11.60
Conference of the Parties

Summary:

Comments:

28

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.

61.

Closing remarks

no document

29