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
Date: 2002-09-17
Institutions: European Commission
Subjects: international convention, international trade, marketing, protected species, protection of animal life, protection of plant life

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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

(2002/C 331 E/50)

COM(2002) 516 final — 2002/0225(ACC)

(Submitted by the Commission on 17 September 2002)

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 Organi-
sations such as the EC to become a Party (the so-called Gaborone amendment). However, an insuf-
ficient 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.

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 (EC) No 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

two earlier
these working documents submitted by the Presidency seeks the repeal of
Conference Resolutions on implementation of CITES by the Community. It is submitted that,
in
the light of the enactment of Council Regulation (EC) No 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, interpre-
tation 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
(EC) No 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 L 61, 3.3.1997, p. 1.

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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.

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 133 thereof,

(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,

Having regard to the proposal from the Commission,

HAS DECIDED AS FOLLOWS:

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 (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
Treaty, the Member States cannot outside the framework
of the Community institutions assume obligations which
might affect those rules or alter their scope.

the objectives of

(4) The Community has not yet been able to become a

contracting party to the Convention.

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 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.

the Conference of

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.

(1) OJ L 61, 3.3.1997, p. 1.

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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.

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

ANNEX II

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

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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))

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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) Dr 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. Giuseppe 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

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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 represen-
tation 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 — CoP12 Doc. 15

Summary: No document available as of 31 July 2002.

Comment: —

Conclusion: —

16. COOPERATION WITH OTHER ORGANIZATIONS

16.1. Cooperation 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 cooperation 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 cooperation 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.

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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. Cooperation 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 cooperation 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. Cooperation 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: —

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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.

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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 CoP5.

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.

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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: —

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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 clarifi-
cation 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.

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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.

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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 presen-
tation 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: —

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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.

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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.

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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.

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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-ordi-
nation 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

Prop.

No

Taxon/Detail

Proposal

Proponent

Comments

CH

Proposal will reduce administrative burden
with no apparent conservation impact

Paragraph (c) should be replaced with the
following:

and
‘medicines
products,
including
from synthetically maintained cells’

vaccines,

other

pharmaceutical
produced

12.1

All relevant fauna

Amendment of Annotation No 607 to read:

The
following are not
provisions of the Convention:

subject

to the

(a) synthetically derived DNA that does not

contain any part of the original;

(b) urine and faeces;

(c) synthetically produced medicines

and
other pharmaceutical products such as
vaccines that do not contain any part
of
from
which they are derived; and

the original genetic material

(d) fossils

Position

–

+

+

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Prop.

No

12.2

Taxon/Detail

Proposal

Proponent

Comments

spp., Platycerus

spp., Barnardius
Agapornis
spp., Cyanorhampus
novaeze-
landiae, Psittacula eupatria, P. krameri and
Padda oryzivora

auriceps, C.

Annotate with the following text:

CH

Support in principle but annotation should
only take effect when identification guides
are available

Position

–

+

+

produced

captive
Colour morphs
breeding are considered as being of a domes-
ticated form and therefore not subject to the
provisions of the Convention

by

12.3

Tursiops truncatus ponticus

II — I

GE

CITES listing favoured by ACCOBAMS.
Proposal as tabled lacks sufficient data to
substantiate case but uplisting could be
considered further in the light of additional
data

12.4

Balaenoptera acutorostrata (Northern Hemi-
sphere stock, except Yellow Sea, East China
Sea and Sea of Japan) Annex 4 with the
following annotation:

I — II

JP

Some of the data in the proposal are ques-
tionable.
It also conflicts with Resolution
Conf. 11.4

–

For the exclusive purpose to allow trade
between Parties that are also signatories to
the International Convention for the Regu-
lation of Whaling and which have an
effective DNA register system to monitor
catches,
from the sea and
imports from other States. To ensure that
trade does not result in removals in excess
of catch limits,
the following additional
measures shall be implemented:

introductions

1. notwithstanding the provisions of CITES
Article XIV, paragraphs 4 and 5, any
trade shall be subject to the provisions
of Article IV;

2. calculation of a safe catch levels using
Management

Revised

IWC’s

the
Procedure (RMP);

3. establishment of export quotas that shall
in

ensure that
removals in excess of catch limits;

trade does not

result

4.

of

animals

Indication on the trade documents of the
number
involved when
shipment of products are only parts of
this number
animals, and tracking of
through DNA monitoring of imports;

5.

implementation of domestic legislation
to ensure imports are from animals
taken legally; and

6. DNA registers to monitor catches, intro-
ductions from the sea and imports and a
requirement that all imports be accom-
panied by certified DNA profiles

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Position

+

–

–

Prop.

No

12.5

Taxon/Detail

Proposal

Proponent

Comments

I — II

JP

Some of the data in the proposal are ques-
It also conflicts with Resolution
tionable.
Conf. 11.4

(Western North Pacific
Balaenoptera edeni
stock) Annex 4 with the following anno-
tation:

For the exclusive purpose to allow trade
between Parties that are also signatories to
the International Convention for the Regu-
lation of Whaling and which have an
effective DNA register system to monitor
catches,
from the sea and
imports from other States. To ensure that
trade does not result in removals in excess
the following additional
of catch limits,
measures shall be implemented:

introductions

(a) notwithstanding the provisions of CITES
Article XIV, paragraphs 4 and 5, any
trade shall be subject to the provisions
of Article IV; and

(b) calculation of a safe level of catch using
Management

Revised

IWC’s

the
Procedure (RMP)

12.6

Loxodonta africana (BW pop)

II — II

BW

Net change from existing circumstances:

Maintenance of
the BW population in
Appendix II with an amendment to anno-
tation No 604 regarding the BW population
to read:

For the exclusive purpose of allowing in the
case of the population of BW:

(a) trade

in

hunting

trophies

for

non-commercial purposes;

(b) trade in live animals

for commercial
purposes to appropriate and acceptable
destinations (and as determined by the
national
the country of
import);

legislation of

(c) trade in registered stocks of raw ivory
(whole tusks and pieces) of BW origin
owned by the Government of BW for
commercial purposes only to CITES
approved trading partners who will not
re-export ivory. No international trade in
ivory to be permitted until 18 months
after the adoption of the proposal (May
2004). Thereafter an initial amount of
not more that 20 000 kg of ivory may
followed by annual export
be traded,
quotas of not more
than 4 000 kg
from the year 2005 onward;

(d) trade in hides;

(e) trade

in

leather

goods

for

non-commercial purposes; and

— initial sale of 20 t raw ivory on or after

May 2004

— annual export of 4 t of raw ivory to
CITES-approved Parties who will not
re-export

— commercial trade in hides allowed

— re-export

of

exported

live

animals

allowed for non-commercial purposes

— re-export of hunting trophies allowed for

non-commercial purposes

— (re-) export of leather goods and ivory
allowed for non-commercial

carvings
purposes.

Although there may not be a conservation
impact in BW, the wider effects of a sale,
and the current state of MIKE and other
safeguards must be taken into account. The
Community’s position will depend on clari-
fication as to the risk of illegal killing arising
from any ivory sale

(f)

trade
non-commercial purposes

ivory

in

carvings

for

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Prop.

No

Taxon/Detail

Proposal

Proponent

Comments

Position

+

–

12.7

Loxodonta africana (NA pop)

II — II

NA

Net change from existing circumstances:

— initial sale of 10 t raw ivory on or after

May 2004

— annual export of 2 t of raw ivory to
CITES-approved Parties who will not
re-export

— commercial trade in hides allowed

— re-export

of

exported

live

animals

allowed for non-commercial purposes

— re-export of hunting trophies allowed for

non-commercial purposes

— (re-) export of leather goods, and ivory
carvings, allowed for non-commercial
purposes.

current

Although there may not be a conservation
impact in NA, the wider effects of a sale, and
the
state of MIKE and other
safeguards must be taken into account. The
Community’s position will depend on clari-
fication as to the risk of illegal killing arising
from any ivory sale

Maintenance of
the NA population in
Appendix II with an amendment to anno-
tation No 604 regarding the NA population
to read:

For the exclusive purpose of allowing in the
case of the population of NA:

(a) trade

in

hunting

trophies

for

non-commercial purposes;

(b) trade in live animals for non-commercial
purposes to appropriate and acceptable
destinations
the
by
national
the country of
import);

(as
legislation of

determined

(c) trade in hides;

(d) trade in leather goods and ivory carvings

for non-commercial purposes; and

the Government of

(e) trade in registered stocks of raw ivory
(whole tusks and pieces) of NA origin
owned by
the
Republic of Namibia to trading partners
that have been verified by the CITES
to have sufficient national
Secretariat
legislation and domestic trade controls
to ensure that ivory imported from NA
will not be re-exported and will be
managed according to all requirements
of
(Rev.)
Conf.
concerning domestic manufacturing and
trade. No international trade in ivory to
be permitted until 18 months after the
adoption of
(May 2004).
the proposal
Thereafter, an initial amount of not
more than 10 000 kg of ivory may be
traded, followed by annual export quotas
of not more than 2 000 kg of
ivory,
from the year 2005 onwards

Resolution

10.10

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Prop.

No

Taxon/Detail

Proposal

Proponent

Comments

Position

+

–

12.8

Loxodonta africana (ZA pop)

II — II

ZA

Net change from existing circumstances:

Maintenance of
the ZA population in
Appendix II with an amendment to anno-
tation No 604 regarding the ZA African
population to read:

For the exclusive purpose of allowing in the
case of the population of ZA:

(a) trade

in

hunting

trophies

for

non-commercial purposes;

(b) trade in live animals for re-introduction
purposes into protected areas formally
proclaimed in terms of
the legislation
of the importing country;

(c) trade in hides and leather goods;

— initial sale of 30 t raw ivory

— annual export of 4 t of raw ivory to any

Party.

current

Although there may not be a conservation
impact in ZA, the wider effects of a sale, and
the
state of MIKE and other
safeguards must be taken into account. The
Community’s position will depend on clari-
fication as to the risk of illegal killing arising
from any ivory sale

in weight

(d) trade in raw ivory of whole tusks of any
size, and cut pieces of ivory that are both
20 cm or more in length and one
kilogram or more
of
Government-owned stocks originating
from the Kruger National Park. An
is
of
initial
proposed and a
annual
subsequent
quota of 2 000 kg accumulated each
and
through annual mortalities
year
management practices

30 000 kg

stockpile

All other specimens shall be deemed to be
specimens of species included in Appendix l
and the trade in them shall be regulated
accordingly

12.9

Loxodonta africana (ZM pop)

I — II

ZM

Transfer of the Zambian population from
Appendix I to Appendix II for the purpose
of allowing:

(a) trade in raw ivory under a quota of
17 000 kg of whole tusks owned by
(ZAWA)
Zambia Wildlife Authority
obtained from management operations;
and

(b) live sales under special circumstances

ZM is seeking downlisting and a sale of
ivory for the first time.

–

Annotation is unclear as to whether sale is
once-off or annual.

The wider effects of a sale, and the current
state of MIKE and the other safeguards must
be taken into account. There is scope for
consideration of
the
proposals regarding the ivory sale are too
vaguely
Community
should, therefore, oppose any sale unless it
can be clarified beyond doubt that it will not
increase the risk of illegal killing

the downlisting but

formulated.

The

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Prop.

No

Taxon/Detail

Proposal

Proponent

Comments

12.10

Loxodonta africana (ZW pop)

II — II

ZW

Net change from existing circumstances:

Position

+

–

–

Maintenance of
the ZW population in
Appendix II with an amendment to anno-
tation No 604 regarding the population of
ZW to read:

For the exclusive purpose of allowing in the
case of the population of ZW:

(a) trade

for

national

purposes

legislation

commercial

in
registered stocks of raw ivory (whole
tusks and pieces) of ZW origin owned
by the Government of the Republic of
ZW, to trading partners that have been
verified by the CITES Secretariat to have
sufficient
and
domestic trade controls to ensure that
ivory imported from ZW will not be
be managed
re-exported
according
of
Resolution Conf. 10.10 (Rev.) concerning
domestic manufacturing and trade. No
to be
trade
international
permitted until 18 months after
the
adoption of
(May 2004).
the proposal
Thereafter, an initial one-off quota of
not more than 10 000 kg of ivory may
be traded, and a subsequent annual quota
of not more than 5 000 kg of ivory;

and will
all

requirements

in ivory

to

(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 and leather goods; and

(e) trade

in

ivory

carvings

for

non-commercial purposes

12.11

Loxodonta africana (App. II pops)

II — I

IN/KE

12.12

Vicugna vicugna (AR pop)

I — II

AR

Transfer from Appendix I to Appendix II of
the population of the province of Catamarca,
for the exclusive purpose of allowing inter-
national trade in products made from wool
sheared from live animals, in cloth, derived
manufactured products and other handicraft
artefacts bearing the
‘VICUÑA —
ARGENTINA’

label

— initial sale of 10 t raw ivory on or after

May 2004

— annual export of 5 t of raw ivory to
CITES-approved Parties who will not
re-export

— commercial

trade in hides and leather

goods allowed

— re-export

of

exported

live

animals

allowed for non-commercial purposes

— re-export of hunting trophies allowed for

non-commercial purposes

— (re-) export of ivory carvings, allowed for

non-commercial purposes.

The current
the wider
situation in ZW,
effects of a sale, and the current state of
MIKE and other safeguards must be taken
should,
into account. The Community
therefore, oppose any sale unless it can be
clarified beyond doubt
it will not
increase the risk of illegal killing

that

listing of

Appendix I
southern African
elephant populations is not supported by
that
the
Appendix II
listing has ‘probably already
led to increased illegal trade’ is not proven

evidence. The

scientific

case

–

Extension of present downlisting — no
apparent conservation impact

+

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Taxon/Detail

Proposal

Proponent

Comments

I — II

BO

Extension of present downlisting — no
apparent conservation impact

Prop.

No

12.13

Vicugna vicugna

in Appendix I,

the Convention, with the

Transfer to Appendix II of the populations
of Bolivia that are
in
accordance with Article II, paragraph 2 (a),
of
exclusive
purpose of allowing international trade in
products made from wool sheared from
live animals and bearing the label ‘VICUÑA
— BOLIVIA’

Position

–

+

+

12.14

Vicugna vicugna

Transfer from Appendix I to Appendix II of
the population of
the Primera Región of
Chile through a modification of annotations
— 106 and + 211

I — II

CL

Extension of present downlisting — no
apparent conservation impact

+

12.15

Rhea pennata pennata (CL pop)

I — II

CL

follows that by AR at CoP11,
Proposal
which Community supported. However,
it
purports to relate primarily to captive-bred
populations for which Appendix II
listing
not strictly necessary. CL could pursue regis-
tration
operations
although this is difficult for small breeders.
Split-listing — and resultant risk of
laun-
dering of parts and derivatives from other
sub-species — must be considered

breeding

captive

of

12.16

Amazona auropalliata

II — I

CR

12.17

Amazona oratrix

II — I

MX

Habitat destruction is probably a greater
cause of decline than international
trade,
which is only a small fraction of internal
trade. There are gaps in population data as
presented. There are also taxonomic and
identification difficulties. Views of other
Range States need to be considered. Could
support if all or most of them do so

Similar concerns to Amazona auropalliata but
in this case most of population is in Mexico.
Views of other Range States need to be
considered

+

12.18

Ara couloni

II — I

DE (EU)

DE urged to elaborate proposal before CoP

+

12.19

Poicephalus robustus (ZA pop)

II — I

ZA

12.20

Platysternum megacephalum

0 — II

CN/US

12.21

Annamemys annamensis

0 — II

CN/DE (EU)

Habitat destruction is main threat and will
not be solved by Appendix I
listing —
enforcement problems could arise

–

Arises from Turtle Workshop in Kunming
— support

Supported by Turtle Workshop in Kunming
— support

+

+

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Prop.

No

Taxon/Detail

Proposal

Proponent

Comments

Position

–

+

+

+

+

+

+

+

+

+

12.22

Heosemys spp.

0 — II

CN/DE (EU)

12.23

Hieremys annandalii

0 — II

CN/US

12.24

Kachuga spp. (except K. tecta)

0 — II

IN/US

12.25

Leucocephalon yuwonoi

0 — II

CN/DE (EU)

Supported by Turtle Workshop in Kunming
to clarification of
— support,
taxonomy of Heosemys sylvatica — may be
necessary to amend to list individual species

subject

Arises from Turtle Workshop in Kunming
— support

Arises from Turtle Workshop in Kunming
— support, subject
to taxonomic clarifi-
cation regarding species already listed on
Appendix II

Supported by Turtle Workshop in Kunming
— support

12.26

Mauremys mutica

12.27

Orlita borneensis

12.28

Pyxidea mouhotii

0 — II

CN/US

Arises from Turtle Workshop in Kunming
— support

0 — II

CN/DE (EU)

Supported by Turtle Workshop in Kunming
— support

0 — II

CN/US

Arises from Turtle Workshop in Kunming
— support

12.29

Siebenrockiella crassicollis

0 — II

CN/US

Arises from Turtle Workshop in Kunming
— support

12.30

Eretmochelys
(Zero quota W)

imbricata (N. American pop)

I — II

CU

Proposal withdrawn 19.8.2002

shell plates

For the exclusive purpose of allowing the
Government of Cuba to export its stockpile
of
accumulated
legally from its national conservation and
management programme between 1993
and 2002, annotated as follows:

(7 800 kg),

of

(a) the export will not take place until the
CITES Secretariat has verified, within 12
the
months
importing country has adequate internal
trade controls and will not re-export and
the CITES Standing Committee accepts
this verification; and

decision,

that

the

(b) the wild population in Cuban waters will
an

be managed

as

continue
Appendix-I species.

to

I(a) of

the
In accordance with Article
the population for which a
Convention,
requested is defined as
that
transfer
is
segment of
the regional Caribbean popu-
lation bounded by the geographic limits of
Cuban waters, which is under
the juris-
diction of the Republic of Cuba, and is the
exclusive area from which the shell was
derived

31.12.2002

EN

Official Journal of the European Communities

C 331 E/343

Prop.

No

Taxon/Detail

Proposal

Proponent

Comments

Position

12.31

Chitra s.I. spp. (Chitra spp.)

0 — II

CN/US

12.32

Pelochelys s.I. spp. (P. bibroni and cantorii)

0 — II

CN/US

12.33

Hoplodactylus spp. and Naultinus spp.

0 — II

NZ

Arises from Turtle Workshop in Kunming
— support. However, position regarding
presently undescribed Chitra species needs
to be clarified

Arises from Turtle Workshop in Kunming
— support

information to
Proposal
requires more
substantiate case for Appendix II
listing.
Appendix III listing would be an alternative
facilitates
II
but
enforcement

Appendix

listing

12.34

Cnemidophorus hyperythrus

II — 0

US

Derives from periodic review of Appendices
— support

12.35

Rhincodon typus

0 — II

IN/PH

12.36

Cetorhinus maximus

0 — II

GB (EU)

12.37

Hippocampus spp.

0 — II

US

12.38

Cheilinus undulatus

0 — II

US

12.39

Dissostichus spp.

0 — II

AU

is

still

largely based on
The proposal
anecdotal catch-per-unit-effort declines
in
certain localities and the lack of under-
standing of the biology and status of this
species remains a problem. However, on
balance the Resolution Conf. 9.24 Criteria
appear
trade
compared to basking shark debatable but
meat trade appears significant. Identification
of products — especially meat — in trade
needs to be addressed. Consultation with
RFOs and testing with reference to FAO
criteria would have been useful

be met.

Extent

to

of

Resolution Conf. 9.24 Annex 2a B and FAO
criteria are met. The species is sought after
and is easily identified in international trade.
Proposal
biological
information and incorporates consultation
with RFOs, and testing with reference to
FAO criteria

adequate

contains

Cébu workshop on this group supported
listing of genus. Taxonomy, differing status
and implementation
species
of
difficulties need to be considered

various

Proposal relies heavily on anecdotal evidence
but the species is certainly in demand and
there is qualified support among range states

Res. Conf. 9.24 criteria appear to be met
and considerable effort is made to address
CCAMLR concerns. However, CITES listing
only effective if it can be linked (e.g. via
annotation or
accompanying Resolution)
with condition that CITES parties trading
implement
in
CCAMLR/CDS
make
to
non-detriment finding

must
order

Dissostichus

in

–

+

+

+

+

+

+

+

+

C 331 E/344

EN

Official Journal of the European Communities

31.12.2002

Prop.

No

Taxon/Detail

Proposal

Proponent

Comments

Position

12.40

Atrophaneura spp.

0 — II

DE (EU)

Res. Conf. 9.24 met — support

12.41

Papilio spp.

0 — II

DE (EU)

Res. Conf. 9.24 met — support

12.42

Araucaria araucana (All populations)

II — I

AR

12.43

Cactaceae (All taxa listed in Appendix II)

II — 0

CH

Amend Annotation No 608 that refers to
artificially propagated specimens of Gymno-
calycium mihanovichii (cultivars) forms lacking
chlorophyll, to read as follows:

spp.

lacking
Cactaceae
chlorophyll,
following
stocks: Harrisia ‘Jusbertii’, Hylocereus trigonus
or Hylocereus undulatus

colour mutants
on

grafted

the

12.44

Opuntioideae spp.

II — 0

CH

12.45

Pereskioideae spp.

II — 0

CH

12.46

Sclerocactus nyensis

II — I

US

12.47

Sclerocactus spinosior spp. blainei

II — I

US

12.48

Dudleya traskiae

I — II

US

Proposal is designed to control illegal trade
in seeds. However, resultant administrative
burden for non-native populations needs to
be considered. Follows Community position
agreed for postal vote

Removes certain purely artificial cultivars
from scope of CITES and reduces adminis-
trative burden — support

Removes CITES protection from what can be
invasive aliens. However, some taxa are rare
and there is
significant opposition from
Range States

Easily distinguished from other Cactaceae and
many species are common. Only one species
heavily traded and that is via artificial propa-
gation. Views of Range States need to be
considered

Taxon is dubious and proposal contains very
little supporting data. Trade aspects of Res.
Conf. 9.24 not demonstrably met

Taxon is dubious and proposal contains very
little supporting data. Trade aspects of Res.
Conf. 9.24 not demonstrably met

US is
range State
propagated specimens are widely available

and artificially

sole

12.49

Aloe thorncroftii

I — II

ZA

Species is of low conservation concern and
ZA is sole range State

12.50

Swietenia macrophylla

III — II

GT, NI

Appendix III listing has failed to protect this
is well-docu-
species adequately. Proposal
to ensure
mented and merits
sustainable use

support

–

–

–

+

+

+

+

+

+

+

+

+

31.12.2002

EN

Official Journal of the European Communities

C 331 E/345

Prop.

No

Taxon/Detail

Proposal

Proponent

Comments

Position

+

–

12.51

Orchidaceae spp.

II — 0

US

Annotation of Orchidaceae in Appendix II

annotation to specifically

The
follows:

read as

the

Artificially propagated specimens of hybrids
genera Cattleya, Cymbidium,
within
Dendrobium (phalaenopsis and nobile
types
only), Oncidium, Phalaenopsis and Vanda,
including their intergeneric hybrids, are not
subject to the provisions of the Convention
when:

Treats artificially propagated orchid hybrids
as ‘supermarket plants’ — i. e. uniform bulk
shipments are exempt from CITES controls.
Could reduce administrative burden but risk
of fraud should be considered. Conditions
(a)-(e) are probably unenforceable. Could
these
support amended proposal without
excluding
conditions
genera that contain Appendix I
species.
Views of
important orchid range States
should be confirmed

if necessary,

and,

(a) specimens

are

traded

in shipments
individual containers (i.e.
containing

crates)

consisting of
cartons, boxes, or
100 or more plants each;

(b) all plants within a container are of the
same hybrid, with no mixing of different
hybrids within a container;

as

artificially

(c) plants within a container can be readily
recognized
propagated
specimens by exhibiting a high degree
of uniformity in size and stage of
growth, cleanliness,
intact root systems,
and general absence of damage or injury
that could be attributable to plants orig-
inating in the wild;

(d) plants do not exhibit characteristics of
wild origin, such as damage by insects
algae
or
or
or mechanical
adhering
damage to roots,
leaves, or other parts
resulting from collection; and

animals,

leaves,

other

fungi

to

(e) shipments are accompanied by docu-
mentation, such as an invoice, which
clearly states the number of plants and
which of
the six exempt genera are
included in the shipment, and is signed
by the shipper. Plants not clearly qual-
ifying for the exemption must be accom-
panied by appropriate CITES documents

12.52

Cistanche deserticola

II — II

CN

To delete current annotation

in

annotation
Removes
present
error
referring to roots. However
reference to
processed products in annotation should be
retained

12.53

Lewisia maguirei

II — 0

US

Grows only on Government land in US and
trade is negligible

12.54

Guaiacum spp.

0 — II

DE (EU)

annotation to specifically

The
follows:

read as

Designate all parts and derivatives, including
wood, bark and extract

Guaiacum sanctum is already listed in CITES
but timber is difficult to distinguish from
other Guaiacum species. Proposal supported
by Plants Committee

+

+

C 331 E/346

EN

Official Journal of the European Communities

31.12.2002

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)