Proposal for a COUNCIL DECISION establishing the position to be adopted on behalf of the European Union with regard to the proposals for amending Annexes II and III to the Protocol concerning Specially Protected Areas and Biological Diversity in the Mediterranean of the Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean at the seventeenth meeting of the Contracting Parties
Date: 2012-02-07
Institutions: European Commission
Subjects: Mediterranean Sea, biodiversity, international convention, protected species, protection of animal life, protection of plant life

EUROPEAN COMMISSION 

Brussels, 7.2.2012  
COM(2012) 47 final 

2012/0021 (NLE) 

Proposal for a 

COUNCIL DECISION 

establishing the position to be adopted on behalf of the European Union with regard to 
the proposals for amending Annexes II and III to the Protocol concerning Specially 
Protected Areas and Biological Diversity in the Mediterranean of the Convention for the 
Protection of the Marine Environment and the Coastal Region of the Mediterranean at 
the seventeenth meeting of the Contracting Parties 

 
 
  
 
(1) 

(2) 

(3) 

EXPLANATORY MEMORANDUM 

The Convention for the Protection of the Marine Environment and the Coastal Region 
of  the  Mediterranean  (Barcelona  Convention)  aims  to  prevent,  abate,  combat  and  to 
the  fullest  possible  extent  eliminate  pollution  of  the  Mediterranean  Sea  Area  and  to 
protect and enhance the marine environment in that area so as to contribute towards its 
sustainable development. It is an intergovernmental treaty adopted as a Regional Seas 
Programme  under  the  aegis  of  the  United  Nations  Environment  Programme.  Since 
1977 the European Union has been a Party to the Barcelona Convention1 and in 1999 
it concluded the Protocol concerning specially protected areas and biological diversity 
in the Mediterranean and the annexes thereto (Protocol)2. 

The meeting of the Contracting Parties is the decision-making body of the Convention 
with powers to adopt, review and amend as required the annexes to the Convention or 
to  its  protocols,  on  the  basis  of  amendments  proposed  by  Contracting  Parties.  A 
number  of  proposals  have  been  made  to  amend  Annexes  II  and  III  to  the  Protocol. 
These  proposals  were  submitted  for  evaluation  to  the  meeting  of  the  National  Focal 
Points  held  in  Marseille  (France)  from  17  to  20  May  2011,  with  a  view  to  being 
adopted  at  the  seventeenth  meeting  of  the  Contracting  Parties  to  the  Barcelona 
Convention  and  its  Protocols,  which  will  take  place  in  Paris,  France,  from  8  to  10 
February, 2012. 

In accordance with Article 17 of the Convention and Article 14(1) of the Protocol, an 
amendment  to  the  annexes  to  the  Protocol  will  become  effective  for  all  Contracting 
Parties to the Protocol on the expiry of a period determined by the Contracting Parties 
concerned when adopting the amendment, except for those Contracting Parties which 
have opted out by notifying the Depositary. It is therefore necessary for the Council to 
take  a  decision  based  on  Article  218(9)  of  the  Treaty  on  the  Functioning  of  the 
European Union (TFEU) for the purpose of establishing the positions to be adopted on 
behalf  of  the  Union  at  the  seventeenth  meeting  of  the  Contracting  Parties.  The 
Convention Secretariat has tabled a proposal to upgrade ten shark species from Annex 
III  to  Annex  II  during  its  focal  point  meeting  in  2011,  in  Marseille  (France).  From 
these ten species, two (Galeorinus galeus and Isurus oxirhincus) should remain within 
annex  III,  as  ICCAT  will  review  their  stock  status  during  its  next  annual  meeting. 
Moreover,  the  remaining  two  skate  species  (Leucoraja  circularis  and  L.  melitensis) 
should also be kept in Annex III but would deserve special attention. Measures should 
be taken to collect more data on skates in order to have accurate scientific advice in 
view of a revision of their possible upgrade to Annex II at a later stage.  

(4) 

The proposals for amendments would not require any change in Union law. They do 
not  conflict  with  the  Birds3  and  the  Habitats4  Directives  or  the  Common  Fisheries 

1 

2 

3 

Council Decision 77/585/EEC of 25 July 1977 concluding the Convention for the protection of the 
Mediterranean Sea against pollution and the Protocol for the prevention of the pollution of the 
Mediterranean Sea by dumping from ships and aircraft, OJ L 240, 19.9.1977, p. 1. 
Council  Decision  1999/800/EC  of  22  October  1999  on  concluding  the  Protocol  concerning  specially 
protected  areas  and  biological  diversity  in  the  Mediterranean,  and  on  accepting  the  annexes  to  that 
Protocol (Barcelona Convention), OJ L 322, 14.12.1999, p. 1. 
Council Directive 2009/147/EC of 30 Nov 2009 on the conservation of wild birds, OJ L 20, 26.1.2010, 
p. 7-25. 

EN 

1 

   EN 

 
                                                 
Policy (CFP)5. The Union should support these proposals on the basis of the following 
considerations:  (1)  they  are  scientifically  sound;  (2)  for  reasons  of  consistency 
between its internal and external action; and (3) the EU is committed to international 
cooperation for the protection of biodiversity, in accordance with Article 5 of the UN 
Convention  on  Biological  Diversity,  the  agreements  made  during  the  last  CBD 
Conference of the Parties in Nagoya, 2010, and the target agreed at the World Summit 
on  Sustainable  Development  “to  significantly  reduce  the  current  rate  of  biodiversity 
loss by 2010”.  

In view of the above, at the seventeenth meeting of the Contracting Parties to the Barcelona 
Convention, the Union should support the adoption of the amendment to the annexes. 

4 

5 

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 

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2012/0021 (NLE) 

Proposal for a 

COUNCIL DECISION 

establishing the position to be adopted on behalf of the European Union with regard to 
the proposals for amending Annexes II and III to the Protocol concerning Specially 
Protected Areas and Biological Diversity in the Mediterranean of the Convention for the 
Protection of the Marine Environment and the Coastal Region of the Mediterranean at 
the seventeenth meeting of the Contracting Parties 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
thereof,  
Article 

conjunction 

Article 

with 

218 

192 

(9), 

(1), 

in 

Having regard to the proposal from the European Commission6, 

Whereas: 

(1) 

(2) 

6 
7 

8 

The  EU  is  a  Contracting  Party  to  the  Convention  for  the  Protection  of  the  Marine 
Environment and the Coastal Region of the Mediterranean7 (hereinafter referred to as 
'the Barcelona Convention') and a Party to the Protocol concerning specially protected 
areas  and  biological  diversity  in  the  Mediterranean  and  the  annexes  thereto8 
(hereinafter referred to as 'the Protocol'). 

The meeting of the Contracting Parties is the decision-making body of the Convention, 
and  the  powers  conferred  upon  it  include  the  capacity  to  amend  as  required  the 
annexes to the Convention and to its protocols. In accordance with Article 17 of the 
Barcelona  Convention  and  Article  14(1)  of  the  Protocol,  an  amendment  to  the 
Annexes  of  the  Protocol  shall  become  effective  for  all  Contracting  Parties  to  the 
Protocol on expiry of a period determined by the respective Contracting Parties when 
adopting the amendment, except for those that have notified in writing the Depositary 
that they are unable to approve the amendment. 

OJ C […], […], p. […]. 
Council Decision 77/585/EEC of 25 July 1977 concluding the Convention for the protection of the 
Mediterranean Sea against pollution and the Protocol for the prevention of the pollution of the 
Mediterranean Sea by dumping from ships and aircraft, OJ L 240, 19.9.1977, p. 1. 
Council  Decision  1999/800/EC  of  22  October  1999  on  concluding  the  Protocol  concerning  specially 
protected  areas  and  biological  diversity  in  the  Mediterranean,  and  on  accepting  the  annexes  to  that 
Protocol (Barcelona Convention), OJ L 322, 14.12.1999, p. 1. 

EN 

3 

   EN 

 
  
 
 
                                                 
(3) 

For  the  seventeenth  meeting  of  the  Contracting  Parties  to  the  Barcelona  Convention 
and its Protocols, which will take place in Paris (France) from 8 to 10 February 2012, 
The  Secretariat  of  the  Convention  has  presented  proposals  to  provide  greater 
protection  to  several  additional  species  by  amending  Annexes  II  and  III  to  the 
Protocol. 

(4) 

The proposals for amendments would not require any change in Union law. 

(5) 

The EU should support some of these proposals because they are scientifically sound, 
consistent  with  Union  legislation  and  with  the  Union's  commitment  to  international 
cooperation  for  the  protection  of  biodiversity,  and  are  in  accordance  with  both 
Article 5 of the UN Convention on Biological Diversity9 and the target agreed at the 
Convention on Biological Diversity in 2010 to significantly reduce the current rate of 
biodiversity loss by 2020, 

HAS ADOPTED THIS DECISION:  

Article 1 

At  the  seventeenth  meeting  of  the  Contracting  Parties  to  the  Barcelona  Convention  and  its 
Protocols,  the  European  Commission  shall  present  the  following  position  of  the  European 
Union  at  the  voting  on  the  proposals  for  giving  protection  to  several  species  by  upgrading 
them from Annexes III to Annex II to the Protocol. 

The European Commission shall support the addition of the following species to Annex II to 
the Protocol and their respective deletion from Annex III: 

(a) 

(b) 

(c) 

Lamna nasus (Bonnaterre, 1788); 

Rhinobatos cemiculus (Saint-Hilaire, 1817); 

Rhinobatos rhinobatos (Linnaeus, 1758); 

(d) 

Sphyrna lewini (Griffith & Smith, 1834); 

(e) 

(f) 

Sphyrna mokarran (Rüppell, 1837); 

Sphyrna zygaena (Linnaeus, 1758). 

9 

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 

4 

   EN 

 
 
                                                 
Article 2 

This Decision shall enter into force on [ ....].  

Done at Brussels, 7.2.2012 

For the Council 
The President 
[...] 

EN 

5 

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