2006/871/EC: Council Decision of 18 July 2005 on the conclusion on behalf of the European Community of the Agreement on the Conservation of African-Eurasian Migratory Waterbirds
Date: 2006-07-18
Institutions: Council of the European Union
Subjects: European Community, bird, mixed agreement, protection of animal life, ratification of an agreement, wildlife

L 345/24

EN

Official Journal of the European Union

8.12.2006

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 18 July 2005

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

(2006/871/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Commu-
in conjunction with
nity, and in particular, Article 175(1),
Article 300(2),
subparagraph,
sentence of
first
Article 300(3), first subparagraph, and Article 300(4) thereof,

the first

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

Whereas:

(1)

(2)

(3)

(4)

The European Community is a Contracting Party to the
Convention on the Conservation of Migratory Species of
Wild Animals
the
Bonn Convention) (2).

(hereinafter

referred

to

as

Article IV of the Bonn Convention provides for the con-
clusion of regional agreements which, for species with an
unfavourable conservation status (Appendix II species),
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 infor-
mation as a basis for sound management decisions.

The first Conference of the Parties to the Bonn Conven-
tion decided to draw up an Agreement for the Conserva-
tion of Western Palaearctic Anatidae. The draft Agreement
was subsequently developed and renamed so as to include
other species of migratory waterbirds.

(1) Not yet published in the Official Journal.
(2) OJ L 210, 19.7.1982, p. 10.

(5)

(6)

(7)

(8)

(9)

In the field relating to this agreement, the Community has
adopted Council Directives 79/409/EEC of 2 April 1979
on the conservation of wild birds (3), and 92/43/EEC of
21 May 1992 on the conservation of natural habitats and
of wild fauna and flora (4).

The Commission participated on behalf of the Commu-
nity, and in accordance with the negotiating directives
issued by the Council on 7 June 1995, at the negotiation
meeting that took place from 12 to 16 June 1995 in The
Hague. This meeting adopted by consensus the Agreement
on the Conservation of African-Eurasian Migratory Water-
birds (hereinafter referred to as the Agreement).

The Agreement was opened for signature from 16 Octo-
ber 1995. It was signed on behalf of the Community on
1 September 1997. It came into effect on 1 November 1999.

Article X of the Agreement provides for amendments to
the Annexes to enter into force ninety days after the Meet-
ing of the Parties at which they are adopted for all Parties,
except for Parties that enter a reservation in accordance
with paragraph 6 thereof.

The Annexes to the Agreement were amended by Resolu-
tions at the first Meeting of the Parties, held in Cape Town,
in November 1999, and at the second
South Africa,
Meeting of
in
September 2002.

the Parties, held in Bonn, Germany,

(10)

The Agreement should be approved,

(3) OJ L 103, 25.4.1979, p. 1. Directive as last amended by the 2003

Act of Accession.

(4) OJ L 206, 22.7.1992, p. 7. Directive as last amended by the 2003

Act of Accession.

8.12.2006

EN

Official Journal of the European Union

L 345/25

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement on the Conservation of African-Eurasian Migra-
tory Waterbirds, is hereby approved on behalf of the Community.

The text of the Agreement is attached to this Decision.

Article 2

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

The authorisation referred to in paragraph 1 shall be lim-
3.
ited to those amendments that are consistent with, and do not
entail any modification of, Community legislation on the conser-
vation of wild birds and their natural habitats.

4. Whenever an amendment to the Annexes to the Agree-
ment is not implemented in the relevant Community legislation
within ninety days of the date of its adoption by the Meeting of
the Parties, the Commission shall by written notification to the
Depositary enter a reservation with respect to that amendment
in accordance with Article X(6) of the Agreement before the
expiry of that ninety day period. Where the amendment is sub-
sequently implemented, the Commission shall withdraw the res-
ervation without delay.

Article 4

Article 3

This Decision shall be published in the Official Journal of the Euro-
pean Union.

1.
As regards matters falling within Community competence,
the Commission is hereby authorised to approve, on behalf of
the Community, amendments to the Annexes to the Agreement
adopted in accordance with Article X(5) of the Agreement.

The Commission shall be assisted in carrying out this task

2.
by a special committee appointed by the Council.

Done at Brussels, 18 July 2005.

For the Council

The President

M. BECKETT