Proposal for a COUNCIL DECISION on the position to be taken, on behalf of the European Union, at the 32nd meeting of the Standing Committee of the Convention on the Conservation of European Wildlife and Natural Habitats (Bern Convention)
Date: 2012-09-19
Institutions: European Commission
Subjects: European cooperation, biodiversity, protection of animal life, protection of plant life, standing committee (EU), wildlife

EUROPEAN COMMISSION 

Brussels, 19.9.2012  
COM(2012) 520 final 

2012/0249 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be taken, on behalf of the European Union, at the 32nd meeting of the 
Standing Committee of the Convention on the Conservation of European Wildlife and 
Natural Habitats (Bern Convention) 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

The  Council  of  Europe  Convention  on  the  Conservation  of  European  Wildlife  and  Natural 
Habitats  (hereinafter:  the  Bern  Convention)  was  adopted  on  19  September  1979  in  Bern 
(Switzerland) and came into force on 1 June 1982. It has 50 Contracting Parties: 45 member 
States  of  the  Council  of  Europe,  4  non-member  States  of  the  Council  of  Europe  and  the 
European Union. 

The aims of the Convention are "to conserve wild flora and fauna and their natural habitats, 
especially those species and habitats whose conservation requires the co-operation of several 
States,  and  to  promote  such  co-operation.  Particular  emphasis  is  given  to  endangered  and 
vulnerable species, including migratory species." 

All Contracting Parties of the Bern Convention must take action to: 

– 

– 

– 

– 

promote  national  policies  for  the  conservation  of  wild  flora  and  fauna,  and  their 
natural habitats;  

have  regard  to  the  conservation  of  wild  flora  and  fauna  in  their  planning  and 
development policies, and in their measures against pollution;  

promote  education  and  disseminate  general  information  on  the  need  to  conserve 
species of wild flora and fauna and their habitats;  

co-operate  to  enhance  the  effectiveness  of  these  measures  through  co-ordination  of 
efforts to protect migratory species  and the exchange of information and the sharing 
of experience and expertise. 

The Bern Convention has been implemented at the EU level by both Directive 2009/147/EC 
of the European Parliament and of the Council of 30 November 2009 on the conservation of 
wild  birds1  (Birds  Directive),  and  Council  Directive  92/43/EEC  of  21  May  1992  on  the 
conservation  of  natural  habitats  and  of  wild  fauna  and  flora2  (Habitats  Directive),  which 
provide a common framework for the conservation of wildlife and habitats within the EU and 
are the key EU legal instruments for maintaining the biodiversity of the Members States. The 
directives represent a legal framework for the EU Natura 2000 network, which is the largest 
network of protected areas in the world. 

The  Standing  Committee  is  the  governing  body  of  the  Bern  Convention.  The  Committee's 
principal task is to monitor the provisions of this Convention in the light of development of 
the  wild  flora  and  the  assessment  of  its  needs.  For  this  purpose,  the  Standing  Committee  is 
especially  competent  to  make  recommendations  to  the  Parties  and  to  examine  and  adopt 
amendments to the appendices where these protected species are specified. 

Article 22, paragraph 1 of the Bern Convention states that: 

Any State may, at the time of signature or when depositing its instrument of ratification, 
1 
acceptance,  approval  or  accession,  make  one  or  more  reservations  regarding  certain  species 
specified  in  Appendices I  to  III  and/or,  for  certain  species  mentioned  in  the  reservation  or 
reservations, regarding certain means or methods of killing, capture and other exploitation listed 
in Appendix IV. No reservations of a general nature may be made.  

1 
2 

OJ L 20 of 26.1.2010, p. 7. 
OJ L 206 of 22.7.1992, p. 7. 

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With a view to the 32nd meeting of the Standing Committee to be held in Strasbourg on 27-30 
November  2012  Switzerland  has  submitted  a  proposal  for  amending  Article  22  of  the  Bern 
Convention  to  enable  any  Contracting  Party  to  enter  certain  reservations  concerning  the 
undertaking initially made in the context of the Bern Convention, even after having signed the 
Convention or deposited its instrument of ratification, acceptance, approval or accession. 

The Swiss proposal consists in introducing a new paragraph 1bis in Article 22 that would read 
as follows: 
1bis 
In  addition  to  paragraph  1,  any  State  may,  if  the  circumstances  have  radically 
changed  in  its  territory  since  the  entry  into  force  of  this  Convention,  make  one  or  more 
reservations regarding certain species specified in Appendices I to III." 

Switzerland  has  not  provided  and  the  proposal  appears  not  to  be  justified  by  any  type  of 
analysis or scientific data. 

Moreover,  by  enabling  all  Bern  Convention  signatories  to  make  one  or  more  reservations 
regarding certain species specified in Appendices I to III, the Swiss proposal might have wide 
negative  consequences  as  regards  impact  on  populations  of  fauna  and  flora  of  European 
interest. This would drastically weaken the Convention and impact EU efforts on protection 
of the European species. 

In view of the above, and in order to ensure consistency between the Bern Convention and the 
EU  legislation,  and  keep  its  implementation  successful,  the  Union  should  not  support  the 
Swiss proposal at the next meeting of the Standing Committee. 

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2012/0249 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be taken, on behalf of the European Union, at the 32nd meeting of the 
Standing Committee of the Convention on the Conservation of European Wildlife and 
Natural Habitats (Bern Convention) 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 192 (1), in conjunction with Article 218 (9), thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

The  European  Union  is  a  Party  to  the  Convention  on  the  Conservation  of  European 
Wildlife and Natural Habitats (the Bern Convention). 

The  Bern  Convention  has  been  implemented  at  the  EU  level  by  both  Directive 
2009/147/EC  of  the  European  Parliament  and  of  the  Council  of 30 November  2009 
on the conservation of wild birds3, and Council Directive 92/43/EEC of 21 May 1992 
on the conservation of natural habitats and of wild fauna and flora4. 

Any  amendment  to  the  articles  to  the  Bern  Convention  shall  be  examined  by  the 
Standing Committee. With a view to the 32nd meeting of the Standing Committee that 
will  be  held  in  Strasbourg  on  27-30  November  2012,  Switzerland  has  submitted  a 
proposal to amend Article 22 of the Bern Convention to allow Parties to enter certain 
reservations  concerning  the  undertaking  initially  made  in  the  context  of  the  Bern 
Convention,  even  after  having  signed  the  Convention  or  deposited  its  instrument  of 
ratification, acceptance, approval or accession. This would enable all Bern Convention 
signatories  to  make  one  or  more  reservations  regarding  certain  species  specified  in 
Appendices I to III. 

This proposal has not been justified by analysis or scientific data and may have wide 
negative  consequences  on  populations  of  fauna  and  flora  of  European  interest. 
Moreover, it is not consistent with Union legislation. 

In  view  of  the  above,  the  Union  should  not  support  the  Swiss  proposal  at  the  next 
meeting of the Standing Committee. 

HAS ADOPTED THIS DECISION: 

The position to be taken by the European Union at the 32nd meeting of Standing Committee 
of  the  Convention  on  the  Conservation  of  European  Wildlife  and  Natural  Habitats  (Bern 

Article 1 

3 
4 

OJ L 20 of 26.1.2010, p. 7. 
OJ L 206 of 22.7.1992, p. 7. 

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4 

   EN 

 
                                                 
Convention)  shall  be  not  to  support  the  Swiss  proposal  for  amending  Article  22  of  the  said 
Convention. 

This Decision shall enter into force on the day of its adoption. 

Done at Brussels,  

Article 2 

For the Council 
The President 

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