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 twelfth meeting of the Conference of the Parties
Date: 2017-04-07
Institutions: Directorate-General for Environment, European Commission
Subjects: biodiversity, bird, environmental cooperation, international convention, protected species, protection of animal life, revision of an agreement

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   EUROPEAN COMMISSION  Brussels, 7.4.2017  COM(2017) 166 final 2017/0077 (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 twelfth meeting of the Conference of the Parties  
 
EXPLANATORY MEMORANDUM 

1. 

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CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

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. 

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. 

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. 

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. 

The  twelfth  meeting  of  the  Conference  of  the  Parties  to  the  Convention  will  take  place  in 
Manila (the Philippines) from 22 to 28 October 2017. For this meeting, it is proposed that the 
Union makes a proposal to amend Appendix II to the Convention to increase the protection of 
two  species  of  birds,  namely  the  the  bird  species  Lanius  excubitor  excubitor  and  Lanius 
minor,  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. 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 twelfth meeting of the Conference of the Parties with regard to proposals 
for amendment. 

The deadline for submitting proposals for amendment has been fixed by the Secretariat of the 
Convention, in line with Article XI (3), to be 25 May 2017. 

Before the twelfth 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. 

• 

Consistency with existing policy provisions in the policy area 

This proposal would not require any change in Union law, as it concerns two species which 
already benefit from appropriate protection under Union law, notably the Birds Directive2. 

1 

2 

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. 

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Consistency with other Union policies 

• 
The  proposal  is  consistent  with  the Seventh  Environmental  Action  Programme3  and  the  EU 
biodiversity strategy to 20204, especially Target 6: help avert global biodiversity loss. 

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The proposal is made under Article 192(1), together with Article 218(9) TFEU. 

3. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Collection and use of expertise 

France  submitted  for  consideration  through  the  Expert  Group  on  the  Birds  and  the  Habitats 
Directives the draft amendments on the Union's behalf contained in this proposal. An informal 
exchange of preliminary views with the Member States followed. 

4. 

N/A 

5. 

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BUDGETARY IMPLICATIONS 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

The  proposal  does  not  create  any  new  monitoring  or  reporting  requirements.  All 
implementation planning and monitoring would be part of the regular planning and reporting 
activities under the convention. 

3 

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Decision No 1386/2013/EU of the European Parliament and of the Council of 20 November 2013 on a 
General Union Environment Action Programme to 2020 ‘Living well, within the limits of our planet’   
OJ L 354, 28.12.2013, p. 171. 
COM(2011) 244 final “Our life insurance, our natural capital: an EU biodiversity strategy to 2020”  

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2017/0077 (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 twelfth 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 192(1), in conjunction with Article 218(9) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

As a Party to the Convention on the conservation of migratory species of wild animals 
("the  Convention")  as  approved  by  Council  Decision  82/461/EEC5,  the  Union  may 
propose amendments 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  Lanius  excubitor  excubitor  and  Lanius 
minor in Appendix II would be scientifically sound, in line with the Union legislation 
and  with  the  Union's  commitment  to  international  cooperation  for  the  protection  of 
biodiversity. 

(4)  With  a  view  to  the  twelfth  meeting  of  the  Conference  of  the  Parties  which  will  take 
place  in  Manila  (the  Philippines)  from  22  to  28  October  2017,  the  Union  should 
propose  an  amendment  to  Appendix  II  to  include  the  species  Lanius  excubitor 
excubitor and Lanius minor. 

(5) 

Those proposals should be communicated to the Secretariat of the Convention, 

HAS ADOPTED THIS DECISION: 

Article 1 

With a view to the twelfth meeting of the Conference of the Parties to the Convention on the 
conservation  of  migratory  species  of  wild  animals,  the  Commission  is  hereby  authorised  to 
submit,  on  behalf  of  the  Union,  a  proposal  for  an  amendment  to  Appendix  II  to  the 
Convention to include the species Lanius excubitor excubitor and Lanius minor. 

The Commission shall communicate those proposals to the Secretariat of the Convention. 

5 

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

Done at Brussels, 

Article 2 

For the Council 
The President 

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