Proposal for a Council Decision on the conclusion by the European Community of the Agreement on the Conservation of African-Eurasian Migratory Waterbirds
Date: 2004-08-03
Institutions: European Commission
Subjects: bird, environmental protection, mixed agreement, protection of animal life

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 03.08.2004 
COM(2004)531 final 

2004/0181(CNS) 

. 

Proposal for a 

COUNCIL DECISION 

On the conclusion by the European Community of the Agreement on 
the Conservation of African-Eurasian Migratory Waterbirds 

. 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

The Community is a Contracting Party to the Convention on the Conservation of Migratory 
Species of Wild Animals (Bonn Convention – CMS)1. 

Article IV of the Bonn Convention provides for the conclusion of regional agreements which 
for Appendix II species (those with an unfavourable conservation status) should be concluded 
as soon as possible. 

The  waterbirds  of  the  African-Eurasian  flyways,  which  are  Appendix  II  species,  merit 
immediate attention in order to improve their conservation status and to gather information as 
a basis for sound management decisions. 

Resolution 1.6 of the first meeting of the Conference of the Parties to the Bonn Convention 
called for the development of an Agreement for Western Palaearctic Anatidae. From 1988 to 
1991, a draft Agreement, including an Action Plan for Anatidae and a Management Plan was 
elaborated by the Government of the Netherlands, acting in agreement with the Community, 
in  collaboration  with  the  Convention  Secretariat,  IUCN,  a  Working  Group  of  the  CMS 
Scientific  Council  and  the  International  Waterfowl  and  Wetland  Research  Bureau  (IWRB). 
This was followed by an initiative from the Convention Secretariat which resulted in a new 
draft agreement with a larger scope including other species of migratory waterbirds. 

An informal negotiating meeting took place in Nairobi from 12-14 June 1994 after the fourth 
meeting of the Conference of the Parties to the Bonn Convention which was held in Nairobi 
from 7 to 11 June 1994. The meeting was attended by representatives from the Commission. 

A revised draft Agreement was prepared by the Convention Secretariat and submitted to the 
negotiating  meeting  which  took  place  in  Hague  from  12-16  June  1995  as  a  basis  for 
negotiations.  The  Agreement  was  finally  adopted  by  consensus  by  sixty-three  Range  States 
and  by  the  European  Community.  The  Agreement  was  opened  for  signature  from 
16 October 1995. 

It was signed on behalf of the Community on 1 September 1997, following a proposal from 
the Commission2. 

The Agreement aims at creating the legal framework for a concerted conservation policy of 
the  Range  States  of  migratory  waterbirds  species  and  populations,  individuals  of  which 
migrate  in  the  Western  Palaearctic  and  Africa,  irrespective  of  their  current  conservation 
status. 

The Agreement covers: 

–  235  species  of  birds  ecologically  dependent  on  wetlands  for  at  least  part  of  their  annual 

cycle 

–  an area of 60 million square kilometres encompassing 116 Range States and covering the 

entire continents of Africa and Europe as well as part of Asia. 

1 
2 

OJ L 210, 19.7.1982, p. 10. 
COM(1995) 444 final. 

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The Agreement text includes three annexes: 

–  a map showing the geographical area covered by the Agreement, 

–  a list of migratory waterbirds species covered by the Agreement, 

–  an action plan. 

Resolution  1.9,  adopted  at  the  first  Meeting  of  the  Parties  in  Cape  Town,  South  Africa  in 
November 1999,  and  Resolution  2.1,  adopted at the second Meeting of the Parties in Bonn, 
Germany  in  September  2002  have  amended  the  Annexes  to  the  agreement,  including  the 
action Plan. 

The  Agreement  requests  in  particular  coordinated  measures  to  achieve  and  maintain  a 
favourable conservation status for African-Eurasian  Migratory  Waterbirds.  Article  III  of  the 
Agreement  provides  for  the  conservation  measures to be taken. Annex  III (the Action plan) 
specifies  actions  which  the  Parties  shall  undertake  in  relation  to  priority  species  consistent 
with the general conservation measures specified in Article III of the Agreement.  

The Agreement mainly refers to matters falling within Community competence which at the 
internal  level  are  regulated  by  Council  Directive  79/409/EEC  on  the  conservation  of  wild 
birds3 and 92/43/EEC on the conservation of natural habitats and of wild fauna and flora4. 

Furthermore,  the  Community  is  a  Party  to  the  Bern  Convention  on  the  Conservation  of 
European Wildlife and Natural Habitats5 and of the Barcelona Convention for the Protection 
of the Mediterranean Sea against Pollution6 and to its protocols, in particular to the Protocol 
on Specially Protected Areas7. 

Accordingly, having signed the Agreement, it is appropriate that the Community should now 
conclude the Agreement on the Conservation of African-Eurasian Migratory Waterbirds. 

3 
4 
5 
6 
7 

OJ L 103, 25.4.1979, p. 1. 
OJ L 206, 22.7.1992, p. 7. 
OJ L 38, 10.2.1982, p. 3. 
OJ L 240, 19.9.1977, p. 3. 
OJ L 68, 10.3.1984, p. 36. 

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2004/0181(CNS) 

Proposal for a 

COUNCIL DECISION 

On the conclusion by the European Community of the Agreement on 
the Conservation of African-Eurasian Migratory Waterbirds 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular, Article 
175  (1),  in  conjunction  with  Article  300  (2),  first  sentence  of  the  first  subparagraph  and 
Article 300 (3), first subparagraph thereof, thereof, 

Having regard to the proposal from the Commission8, 

Having regard to the opinion of the European Parliament9, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

The  Community  is  a  Contracting  Party  to  the  Convention  on  the  Conservation  of 
Migratory Species of Wild Animals (Bonn Convention)10. 

Article IV of the Bonn Convention provides for the conclusion of regional agreements 
which  for  species  with  an  unfavourable  conservation  status  (Appendix  II  species) 
should be concluded as soon as possible, 

Article XI paragraph 5 and 6 of the Bonn Convention provides that an amendment to 
the Appendices shall enter into force for all Parties ninety days after the meeting of the 
Conference  of  the  Parties,  at  which  it  was  adopted,  except  if  a  reservation  is  done 
accordingly to paragraph 6; 

The waterbirds of the African-Eurasian flyways, which are Appendix II species, merit 
immediate  attention  in  order  to  improve  their  conservation  status  and  to  gather 
information as a basis for sound management decisions, 

The first meeting of the Parties to the Bonn Convention called for the development of 
an Agreement for the Conservation of Western Palaearctic Anatidae; and whereas the 
draft  agreement  has  been  subsequently  developed  so  as  to  include  other  species  of 
migratory waterbirds, 

8 
9 
10 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ L 210, 19.7.1982, p. 10. 

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(6) 

(7) 

The conservation of migratory waterbirds mainly falls within Community competence 
taking  into  account  Council  Directives  79/409/EEC,  of  2  April  1979,  on  the 
conservation of wild birds11 and 92/43/EEC of 21 May 1992, on the conservation of 
natural  habitats  and  of  wild  fauna  and  flora12,  both  as  last  amended  by  the  Act 
concerning the conditions of accession of the Czech Republic, the Republic of Estonia, 
the  Republic  of  Cyprus,  the  Republic  of  Latvia,  the  Republic  of  Lithuania,  the 
Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of 
Slovenia  and  the  Slovak  Republic  and  the  adjustments  to  the  Treaties  on  which  the 
European Union is founded13,  

The Commission participated on behalf of the Community, and in accordance with the 
negotiating directives given by the Council on 7 June 1995, in the negotiating meeting 
that  took  place  from  12  to  16  June  1995  in  the  Hague;  and  whereas  this  meeting 
adopted  by  consensus  the  Agreement  on  the  Conservation  of  African-Eurasian 
Migratory Waterbirds (the Agreement), 

(8) 

The Agreement was opened for signature from 16 October 1995, 

(9) 

The Agreement was signed on behalf of the Community on 1 September 1997, 

(10)  The Agreement came into effect on 1 November 1999, 

(11)  The Annexes to the agreement have been amended by Resolutions at the First Meeting 
of the Parties held in Cape Town, South Africa in November 1999 and at the Second 
Meeting of the Parties held in Bonn, Germany in September 2002, 

(12) 

It is now appropriate that the Agreement be concluded by the Community, 

(13) 

In  concluding  the  Agreement  there  is  a  need  to  ensure  unity  in  the  international 
representation of the Community in negotiating and approving future amendments to 
the Agreement or its Action Plan 

HAS DECIDED AS FOLLOWS:  

The African-Eurasian Waterbirds Agreement is hereby approved on behalf of the Community. 

Article 1 

Article 2 

The President of the Council is authorised to designate the person or persons empowered to 
deposit the instrument of approval with the Government of the Kingdom of the Netherlands, 
being the Depositary for the Agreement, in accordance with Article XVII of the Agreement. 

11 
12 
13 

OJ L 103, 25.4.1979, p. 1. 
OJ L 206, 22.7.1992, p. 7. 
OJ L 236, 23.9.2003, p. 33. 

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Article 3 

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The Commission is hereby authorised to negotiate and approve, on behalf of the Community, 
any  amendments  to  the  Action  Plan  provided  for  by  Article  IV  of  the  Agreement  and  the 
amendments  of  the  Agreement  provided  for  by  Article  X.  The  Commission  should  conduct 
these negotiations in consultation with a special committee designated by the Council. It shall 
ensure  that  the  decisions  adopted  under  the  Agreement  are  consistent  with  the  existing 
Community legislation and with the objectives of the Community’s policies. 

Done at Brussels, 

For the Council 
The President 

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ANNEX 

FINANCIAL STATEMENT 

Policy area(s): Environment 

Activity: Contribution to International Environmental Activities 

TITLE  OF  ACTION:  PARTICIPATION  OF  THE  EUROPEAN  COMMUNITY  IN  THE  AGREEMENT  ON 

THE CONSERVATION OF AFRICAN-EURASIAN MIGRATORY WATERBIRDS (AEWA) 

1. 

BUDGET LINE(S) + HEADING(S) 

07 02 02 (formerly B7-811) 

2. 

OVERALL FIGURES 

2.1. 

Total allocation for action (Part B): € 34,700 (2004-2006) 

2.2. 

Period of application: 2004 – 2005 and subsequent years 

The budget of AEWA is established every three years at the Meeting of the Parties. 
The  current  budget  has  been  set  for  2003,  2004  and  2005  (a  year  with  higher 
expenditure, as it will hold the next Meeting of the Parties). For these three years, the 
participation of the Community is an estimate based on a contribution of 2.5% of the 
overall budget. For the years 2006 and beyond, expenditure for subsequent years is 
just a forecast, considering expected evolution of the budget.  

2.3. 

Overall multiannual estimate of expenditure: 

(a) 

Schedule  of  commitment  appropriations/payment  appropriations 
intervention) (see point 6.1.1) 

(financial 

€ thousand (to one decimal places) 

Year 
2004 

Year 

Year 

Total 

2005 

2006 
and 
subs.  

(2004-06) 

Commitments 

Payments 

8.5 

8.5 

16.4 

16.4 

9.8 

9.8 

34.7 

34.7 

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(b) 

Technical and administrative assistance and support expenditure (see point 6.1.2) 

Commitments 

N.A. 

Payments 

N.A. 

Subtotal a+b 

Commitments 

Payments 

8.5 

8.5 

16.4 

16.4 

9.8 

9.8 

34.7 

34.7 

(c) 

Overall  financial  impact  of  human  resources  and  other  administrative  expenditure 
(see points 7.2 and 7.3) 

60 

60 

60 

180 

Commitments/ 
payments 

TOTAL a+b+c 

Commitments 

Payments 

68.5 

68.5 

76.4 

76.4 

69.8 

69.8 

214.7 

214.7 

The  estimative  credits  foreseen  in  this  planning  shall  be  covered  within  the 
allocations  of  appropriations  mentioned  under  section  1  above  and  granted  to  the 
managing  DGs  (DG  Environment,  Research  and  others)  in  the  framework  of  the 
annual budget procedure. 

2.4. 

Compatibility with financial programming and financial perspective 

[X]  Proposal is compatible with existing financial programming. 

[…]  Proposal  will  entail  reprogramming  of  the  relevant  heading  in  the  financial 

perspective. 

[…]  Proposal  may  require  application  of  the  provisions  of  the  Inter-institutional 

Agreement. 

2.5. 

Financial impact on revenue: 

[X]  Proposal  has  no  financial  implications  (involves  technical  aspects  regarding 

implementation of a measure) 

OR 

[…]  Proposal has financial impact – the effect on revenue is as follows: 

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3. 

BUDGET CHARACTERISTICS 

Type of expenditure 

New 

EFTA 
contribution 

Contributions 
from applicant 
countries 

Heading in 
financial 
perspective 

Non-comp 

Diff 

NO 

NO 

N.A. 

No [3] 

4. 

LEGAL BASIS  

The Council decision of ratification constitutes the basic act, in the sense of Article 49 of the 
Financial  Regulation,  of  the  financial  contributions  of  the  Community  to  AEWA  as  a 
Contracting Party thereto (financial contributions to international conventions are considered 
as subscriptions under Article 160 of the Financial Regulation).  

This  action  is  undertaken  in  the  framework  of  the  Treaty  establishing  the  European 
Community (in particular Articles 174 and 175). Participation in international environmental 
agreements  is  an  important  policy  component  of  Decision  1600/2002/EC  of  the  European 
Parliament  and  of  the  Council  laying  down  the  Sixth  Community  Environment  Action 
Programme, OJ L 242, 10.9.2002, p. 1-15.  

This expenditure is carried out under Budget line 07 02 02 (formerly B7-811), which is listed 
as an institutional prerogative of the Commission (cf. budgetary comments).  

5. 

DESCRIPTION AND GROUNDS 

5.1.  Need for Community Intervention:  

The Community already has adopted internal legislation for the conservation of bird 
species, primarily through Council Directive 79/409/EEC. However the protection of 
many migratory bird species, dependent on the EU during part of their annual cycle, 
cannot  be  achieved  by  actions  within  territories  of  the  Member  States  alone.  For 
many species factors operating on the wintering grounds in Africa or in the breeding 
areas  in  Northern  Russia  may  negate  conservation  action  in  the  EU.  Therefore 
ratifying  AEWA  provides  a  legal  basis  for  co-operation  on  conservation  actions 
elsewhere  in  the  range  of  different  species,  to  complement  measures  being  taken 
within the EU under the Birds Directive. 

The  objective  is  to  provide  for  co-ordinated  and  concerted  actions  for  the 
conservation  of  migratory  waterbirds  throughout  their  flyways.  To  be  achieved  by 
implementation  of  the  AEWA  Action  plan  which  entails  species  and  habitat 
conservation  measures,  management  of  human  activities,  research  and  monitoring, 
education and information.  

A legal and technical evaluation has been undertaken of implications of ratification, 
especially as regards EU Birds Directive. 

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5.2.  Action envisaged and budget intervention arrangements:  

The  Community  should  become,  through  the  Council  Decision  of  ratification,  a 
Contracting Party to AEWA. As a contracting party the Community will work with 
Member States in implementing the objectives of AEWA, including participation in 
the relevant international meetings of the Agreement.  

Regular  financial  contributions  to  international  conventions  are  considered  as 
subscriptions  under  Article  160  of  the  Financial  Regulation.  The  Community  will 
pay  in  accordance  with  the  scale  of  contributions  decided  by  the  Meeting  of  the 
Parties.  

As  for  most  international  environmental  agreements,  the  functioning  of  AEWA  is 
also based on additional voluntary contributions from Parties for specific activities. 
The Community is expected, as all Parties, to provide this form of support on a case-
by-case  basis  for  some  activities.  This  form  of  ‘ad  hoc’  support  in  addition  to  the 
regular contribution to the general budget would not be considered as a subscription 
but as a direct grant, to be approved by a financing decision of the College. On an 
indicative basis, it is expected that the average voluntary contributions do not exceed 
€40.000  per  year.  This  expenditure  will  be  covered  within  the  allocations  of 
appropriations  mentioned  granted  to  the  managing  DG  (DG  Environment)  under 
budget line 07 02 02 in the framework of the annual budget procedure.  

5.3.  Methods of implementation: As regards achievement of the objectives of AEWA in 
the  EU  the  principal  mechanism  will  be  through  the  implementation  of  EU 
environmental  legislation,  especially  Council  Directive  79/409  on  the  conservation 
of wild birds.  

6. 

FINANCIAL IMPACT 

6.1. 

Total financial impact on Part B - (over the entire programming period) 

(The method of calculating the total amounts set out in the table below must be explained by 
the breakdown in Table 6.2. ) 

6.1.1.  Financial intervention 

Commitments (in € thousand) 

Breakdown 

Financial contribution 

2004 

8.5 

TOTAL  8.5 

2005 

2006 

Total 

16.4 

16.4 

9.8 

9.8 

34.7 

34.7 

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6.1.2.  Technical  and  administrative  assistance,  support  expenditure  and  IT 

expenditure (commitment appropriations) 

2004 

2005 

2006 

Total 

N.A. 

N.A. 

N.A. 

TOTAL 

6.2. 

Calculation  of  costs  by  measure  envisaged  in  Part  B  (over  the  entire 
programming period) 

Commitments (in € million to three decimal places) 

Breakdown  

Type  
of outputs 
(projects, files ) 

Number of 
outputs 

Average unit 
cost 

(total for years 
1to 5)  

Total cost 

(total for years  

1to 5)  

N.A. 

N.A. 

N.A. 

N.A. 

TOTAL COST 

7. 

IMPACT ON STAFF AND ADMINISTRATIVE EXPENDITURE 

The  needs  for  human  and  administrative  resources  shall  be  covered  within  the  allocation 
granted to DG Environment in the framework of the annual budget procedure. 

7.1. 

Impact on human resources 

Types of post 

Staff to be assigned to management of the 
action using existing and/or additional 
resources 

Total 

Number of 
permanent posts 

Number of 
temporary posts 

Description of tasks deriving from the 
action 

0.5 

0.5 

Desk officers and management 

Officials 
temporary staff 

or 

A 

B 

C 

Other human resources 

Total 

0.5 

0.5 

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7.2. 

Overall financial impact of human resources 

Type of human resources 

Amount (€) 

Method of calculation *  

Officials 

Temporary staff 

54,000 € 

0.5 x 108,000 € 

Other human resources 

0 

(specify budget line) 

Total  54,000 € 

NB:  the  0.5  is  purely  indicative  and  this  activity  will  be  covered  by  the  existing  staff.  No 
additional staff would be required. 

The amounts are total expenditure for twelve months. 

7.3.  Other administrative expenditure deriving from the action 

Budget line 

(number and heading) 

Overall allocation (Title A7) 

A0701 – Missions 

Amount € 

Method of calculation 

6,000€ 

3x1500€ (based on three 5-day missions 
to destinations in the Africa-Asia region, 
including 250€ indemnity+500€ 
travelling+750€ accommodation), plus 
3x500€ (based on 3 missions to AEWA 
Secretariat at Bonn including 350€ 
indemnity (incl.accommodation)+150€ 
travelling) 

Information systems (A-5001/A-4300) 

Other expenditure - Part A (specify) 

Total  6000€ 

The amounts are total expenditure for twelve months. 

1 Specify the type of committee and the group to which it belongs. 

Annual total -administrative- (7.2 + 7.3) 

60,000€ 

I. 

II. 

Duration of action 

III. 

Total cost of action (I x II) 

N.A. 

N.A. 

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8. 

FOLLOW-UP AND EVALUATION 

In  the  framework  of  the  Meeting  of  the  Parties,  the  European  Commission  participates, 
together with the other Contracting Parties, in the regular scrutiny of the implementation of 
the  work  plan  of  AEWA  agreement,  including  its  financial  component,  on  the  basis  of  a 
detailed report presented by the Secretariat.  

9. 

ANTI-FRAUD MEASURES 

Financial  contributions  will  be  subject  to  the  Commission’s  usual  control  mechanisms  and 
therefore  there  is  no  need  for  supplementary  anti-fraud  measures.  Other  costs  only  relate  to 
expenditure on personnel. 

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