Proposal for a Council Decision establishing the position to be adopted on behalf of the European Community with regard to proposals for amending Appendices I and II to the Convention on the conservation of migratory species of wild animals at the ninth meeting of the Conference of the Parties
Date: 2008-11-03
Institutions: European Commission
Subjects: bird, international convention, protected species, protection of animal life

EN 

EN 

   EN 

 
 
COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 3.11.2008 
COM(2008) 695 final 

Proposal for a 

COUNCIL DECISION 

establishing the position to be adopted on behalf of the European Community with 
regard to proposals for amending Appendices I and II to the Convention on the 
conservation of migratory species of wild animals at the ninth meeting of the Conference 
of the Parties 

(presented by the Commission) 

EN 

   EN 

 
 
 
  
 
EXPLANATORY MEMORANDUM 

(1) 

(2) 

(3) 

(4) 

(5) 

The Convention on the conservation of migratory species of wild animals (also known 
as  the  CMS  or  Bonn  Convention)  aims  to  conserve  terrestrial,  marine  and  avian 
migratory species throughout their range. It is an intergovernmental treaty, concluded 
under  the  aegis  of  the  United  Nations  Environment  Programme,  concerned  with  the 
conservation of wildlife and habitats on a global scale. 

The ninth meeting of the Conference of the Parties to the Convention will take place in 
Rome (Italy) from 1 to 5 December 2008. The European Community has been a Party 
to the CMS since 1 November 19831. 

The Conference of the Parties (COP) is the decision-making body of the Convention 
with powers to assess the conservation status of migratory species and, subsequently, 
to review the listing of Appendices I and II to the Convention. For this COP, a number 
of  Parties  have  presented  proposals  to  give  protection  to  several  new  species  by 
amending Appendices I and II to the Convention. 

In  accordance  with  Article  XI  of  the  Convention,  an  amendment  to  the  Appendices 
enters into force for all Parties ninety days after the meeting of the Conference of the 
Parties at which it is adopted, except for those Parties which make a reservation. It is 
therefore necessary for the Council to take a decision based on Article 300(2), second 
subparagraph, for the purpose of establishing the positions to be adopted on behalf of 
the Community at the ninth meeting of the Conference of the Parties. 

None of the proposals for amendments tabled by Parties would require any change in 
Community  law.  They  concern  either  migratory  species  which  already  benefit  from 
appropriate  protection  under  Community  law,  including  the  Birds2  or  Habitats3 
Directives  or  the  Common  Fisheries  Policy  (CFP)4,  or  species  not  falling  within  the 
CFP and whose range occurs outside the European territory of the Member States. The 
Community  should  support 
the  following 
these  proposals  on 
considerations:  (1)  they  are  scientifically  sound;  (2)  for  reasons  of  consistency 
between its internal and external action; and (3) the EC is committed to international 
cooperation for the protection of biodiversity, in accordance with Article 5 of the UN 
Convention  on  Biological  Diversity  and  with  the  target  agreed  at  the  World  Summit 
on  Sustainable  Development  “to  significantly  reduce  the  current  rate  of  biodiversity 
loss by 2010”. 

the  basis  of 

1 

2 

3 

4 

Council Decision 82/461/EEC of 24 June 1982 on the conclusion of the Convention on the conservation 
of migratory species of wild animals, OJ L 210, 24.6.1982, p. 10. 
Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds, OJ L 103, 25.4.1979, 
p. 1. 
Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna 
and flora, OJ L 206, 22.7.1992, p. 7. 
Council  Regulation  (EC)  No  2371/2002  of  20  December  2002  on  the  conservation  and  sustainable 
exploitation of fisheries resources under the Common Fisheries Policy, OJ L 358, 31.12.2002, p. 59. 

EN 

2 

   EN 

 
                                                 
Proposal for a 

COUNCIL DECISION 

establishing the position to be adopted on behalf of the European Community with 
regard to proposals for amending Appendices I and II to the Convention on the 
conservation of migratory species of wild animals at the ninth meeting of the Conference 
of the Parties 

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the Commission5, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

5 
6 

7 

The Community is a Party to the Convention on the conservation of migratory species 
of wild animals (CMS or Bonn Convention)6. 

The Conference of the Parties is the decision-making body of the Convention and the 
powers  conferred  upon  it  include  the  capacity  to  review  and  assess  the  conservation 
status  of  migratory  species  and  review  the  progress  made  for  the  conservation  of 
migratory species, especially those listed in Appendices I and II to the Convention. 

For  the  ninth  meeting  of  the  Conference  of the Parties, that will take place in  Rome 
(Italy) from  1  to 5  December  2008,  a number of Parties have presented proposals to 
give  protection  to  several  new  species  by  amending  Appendices  I  and  II  to  the 
Convention. 

In  accordance  with  Article  XI  of  the  Convention,  an  amendment  to  the  Appendices 
enters into force for all Parties ninety days after the meeting of the Conference of the 
Parties at which it is adopted, except for those Parties which make a reservation. 

None of the proposals for amendments tabled by Parties would require any change in 
Community law. 

The Community should support these proposals because they are scientifically sound, 
in  line  with  Community  legislation  and  with  the  Community’s  commitment  to 
international  cooperation  for  the  protection  of  biodiversity,  in  accordance  with 
Article 5 of the UN Convention on Biological Diversity7 and with the target agreed at 
the  World  Summit  on  Sustainable  Development  in  2002  to  significantly  reduce  the 
current rate of biodiversity loss by 2010, 

OJ C , , p. . 
Council Decision 82/461/EEC of 24 June 1982 on the conclusion of the Convention on the conservation 
of migratory species of wild animals, OJ L 210, 24.6.1982, p. 10. 
Council  Decision  93/626/EEC  of  25  October  1993  concerning  the  conclusion  of  the  Convention  on 
Biological Diversity, OJ L 309, 13.12.1993, p. 1. 

EN 

3 

   EN 

 
                                                 
HAS DECIDED AS FOLLOWS: 

Sole Article 

At the ninth meeting of the Conference of the Parties to the Convention on the conservation of 
migratory species of wild animals (CMS or Bonn Convention), the Commission shall present 
the following position of the Community at the voting on the proposals for giving protection 
to several new species by amending Appendices I and II to that Convention: 

(1) 

the  Commission  is  hereby  authorised  to  support  the  addition  to  Appendix  I  of  the 
following species: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

(i) 

(j) 

(k) 

(l) 

Neophron percnopterus; 

Tursiops truncatus ponticus (population of the Black Sea); 

Falco cherrug; 

Orcaella brevirostris; 

Souza teuszii; 

Acinonyx jubatus; 

Trichechus senegalensis; 

Ammotragus lervia; 

Aythya baeri; 

Sterna lorata; 

Emberiza aureola; 

Dendroica caerulea; 

(m) 

Acrocephalus sorghophilus; 

(2) 

the  Commission  is  hereby  authorised  to  support  the  addition  to  Appendix  II  of  the 
following species: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

(i) 

(j) 

(k) 

(l) 

Phocoena phocoena (North-West African population); 

Grampus griseus (Mediterranean population); 

Tursiops truncatus (whole Mediterranean population); 

Stenella clymene (West African population, Eastern Atlantic Tropical area); 

Lycaon pictus; 

Saiga tatarica; 

Oxyura maccoa; 

Rhychops flavirostris; 

Isurus oxyrinchus; 

Isurus paucus; 

Lamna nasus; 

Squalus acanthias. 

EN 

4 

   EN 

 
Done at Brussels, […] 

For the Council 
The President 
[…] 

EN 

5 

   EN