Proposal for a COUNCIL DECISION establishing the position to be adopted on behalf of the European Union with regard to proposals for amendment of the Appendices of the Convention on the conservation of migratory species of wild animals with a view to the tenth meeting of the Conference of the Parties
Date: 2011-06-01
Institutions: European Commission
Subjects: bird, protected species, protection of animals

EUROPEAN COMMISSION 

Brussels, 1.6.2011 
COM(2011) 316 final 

2011/0142 (NLE) 

Proposal for a 

COUNCIL DECISION 

establishing the position to be adopted on behalf of the European Union with regard to 
proposals for amendment of the Appendices of the Convention on the conservation of 
migratory species of wild animals with a view to the tenth meeting of the Conference of 
the Parties  

 
 
  
 
EXPLANATORY MEMORANDUM 

1. 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  European  Union  has  been  a  Party  to  the  CMS  since  1 
November 19831. 

2. The migratory species to be conserved are listed in Appendices I (endangered species) and 
II (species to be the subjects of agreements) to the Convention. 

3. The Conference of the Parties is the decision-making body of the Convention with powers 
to  assess  the  conservation  status  of  migratory  species  and,  subsequently,  to  amend 
Appendices I and II to the Convention. 

4. In accordance with Article XI of the Convention, proposals for amendment may be made 
by any Party. 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. 

5.  The  tenth  meeting  of  the  Conference  of  the  Parties  to  the  Convention  will  take  place  in 
Bergen  (Norway)  from  20  to  25  November  2011.  For  this  meeting,  it  is  proposed  that  the 
Union makes proposals to amend Appendix I to the Convention to increase the protection of 
two species of birds of prey, namely Falco cherrug and Falco vespertinus, throughout their 
distribution range, including outside the Union, on the basis of the following considerations: 
(1)  the  inclusion  of  such  species  is  scientifically  sound;  (2)  such  an  inclusion  is  consistent 
with the EU legislation; and (3) the Union is committed to international cooperation for the 
protection of biodiversity. These proposals would not require any change in Union's law, as 
they  concern  species  which  already  benefit  from  appropriate  protection  under  Union's  law, 
including the Birds2 and Habitats3 Directives. 

6. It is therefore necessary for the Council to take a decision for the purpose of establishing 
the  position  to  be  adopted  on  behalf  of  the  Union  with  a  view  to  the  tenth  meeting  of  the 
Conference of the Parties with regard to proposals for amendment; 

7. The deadline for submitting proposals for amendment has been fixed by the Secretariat of 
the Convention by 23 June 2011. 

1 

2 

3 

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. 

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8. Before the tenth meeting of the Conference of the Parties, the Secretariat of the Convention 
may  communicate  proposals  made  by  other  Parties  to  amend  Appendices  I  and  II  to  the 
Convention,  which  may  also  require  a  decision  establishing  the  position  to  be  adopted  on 
behalf of the Union with regard to those proposals. 

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2011/0142 (NLE) 

Proposal for a 

COUNCIL DECISION 

establishing the position to be adopted on behalf of the European Union with regard to 
proposals for amendment of the Appendices of the Convention on the conservation of 
migratory species of wild animals with a view to the tenth meeting of the Conference of 
the Parties  

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 191 (1), in conjunction with Article 218 (9), thereof, 

Having regard to the proposal from the Commission4, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

As  a  Party  to  the  Convention  on  the  conservation  of  migratory  species  of  wild 
animals5, the European Union may make proposals for amendment of the Appendices 
to the Convention which list the species to be conserved; 

The Conference of the Parties is the decision-making body of the Convention and the 
powers  conferred  upon  it  include  the  capacity  to  assess  the  conservation  status  of 
migratory species and subsequently amend Appendices I and II to the Convention; 

It  appears  that  the  inclusion  of  the  species  Falco  cherrug  and  Falco  vespertinus  in 
Appendix I would be scientifically sound, in line with the Union legislation and with 
the Union's commitment to international cooperation for the protection of biodiversity; 

The tenth meeting of the Conference of the Parties will take place in Bergen (Norway) 
from 20 to 25 November 2011; 

(5)  With  a  view  to  this  meeting,  it  is  proposed  that  the  Union  makes  proposals  for 
amendment to Appendix I to include the species Falco cherrug and Falco vespertinus. 
These proposals will be communicated to the Secretariat of the Convention 

4 
5 

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. 

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HAS ADOPTED THIS DECISION: 

Sole Article 

With a view to the tenth meeting of the Conference of the Parties to the Convention on the 
conservation of migratory species of wild animals, the Commission shall propose, on behalf 
of the Union, amendments to Appendix I to the Convention on the conservation of migratory 
species  of  wild  animals  to  include  the  species  Falco  cherrug  and  Falco  vespertinus.  The 
Commission shall communicate this proposal to the Secretariat of the Convention. 

Done at Brussels,  

For the Council 
The President 
[..] 

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