Proposal for a COUNCIL DECISION on the submission, on behalf of the European Union, of a proposal for amending Annexes 2 and 3 of the Agreement on the Conservation of African-Eurasian Migratory Waterbirds (AEWA).
Date: 2018-06-05
Institutions: Directorate-General for Environment, European Commission
Subjects: Africa, Canada, Central Asia, Europe, Greenland, Middle East, agreement (EU), bird, protection of animal life, revision of an agreement

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   EUROPEAN COMMISSION  Brussels, 5.6.2018  COM(2018) 399 final 2018/0221 (NLE)  Proposal for a COUNCIL DECISION on the submission, on behalf of the European Union, of a proposal for amending Annexes 2 and 3 of the Agreement on the Conservation of African-Eurasian Migratory Waterbirds (AEWA).  
 
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

1.1. 

The Agreement on the Conservation of African-Eurasian Migratory Waterbirds 

The  Agreement  on  the  Conservation  of  African-Eurasian  Migratory  Waterbirds  (AEWA)  is 
dedicated to the conservation of migratory waterbirds and their habitats across Africa, Europe, 
the Middle East, Central Asia, Greenland and the Canadian Archipelago. 

Developed  under  the  framework  of  the  Convention  on  Migratory  Species  (CMS)  and 
administered  by  the  United  Nations  Environment  Programme  (UNEP),  AEWA  brings 
together  countries  and  the  wider  international  conservation  community  in  an  effort  to 
establish coordinated conservation and management of migratory waterbirds throughout their 
entire migratory range. 

The Agreement entered into force on 1 November 1999. The European Union is a Contracting 
Party  to  this  Agreement  since  1  October  20051.  At  present,  there  are  seventy-seven 
Contracting Parties, forty-one from Eurasia (including the EU) and thirty-six from Africa. 

Directive  2009/147/EC  on  the  conservation  of  wild  birds  (Birds  Directive)2  implements  in 
Union  law  the  commitments  set  out  in  the  Agreement.  The  Birds  Directive  relates  to  the 
conservation  of  all  species  of  naturally  occurring  birds  in  the  wild  state  in  the  European 
territory  of  the  Member  States  to  which  the  Treaty  applies.  It  covers  the  protection, 
management and control of these species and lays down rules for their exploitation. 

1.2. 

The Meeting of the Parties 

The Meeting of the Parties (MOP) is the principal decision-making body for the Agreement. It 
has powers to review the Annexes to the Agreement and it meets every three years.  

The seventh Meeting of the Parties of the Agreement will take place on 4-8 December 2018, 
in South-Africa. 

Pursuant  to  Article  X,  paragraphs  2  and  3  of  the  Agreement,  any  proposals  to  amend  the 
Annexes of the Agreement, shall be communicated to the Agreement Secretariat not less than 
150 days before the opening of the session of the Meeting of the Parties, i.e. 7 July 2018. 

1  Council Decision 2006/871/EC of 18 July 2005 on the conclusion on behalf of the European Community of the 

Agreement on the Conservation of African-Eurasian Migratory Waterbirds. OJ L 345, 8.12.2006, p. 24. 

2  OJ L 20 of 26.01.2010. p. 7  
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2010:020:0007:0025:EN:PDF 

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1.3. 

The proposals from Croatia and Italy 

Croatia  and  Italy  have  proposed  that  the  European  Union  submits  a  proposal  for  amending 
Annex 2 of the Agreement, which lists the species to which the Agreement applies, by adding 
the Shag (Phalacrocorax aristotelis) to Annex 2.  

Croatia  and  Italy  have  also  proposed  that  the  European  Union  submits  a  proposal  for 
amending  Annex  3  of  the  Agreement,  by  listing  the  non-EU  (Barents  Sea)  population  of 
Phalacrocorax  aristotelis  aristotelis  and  the  EU  population  (East  Mediterranean  –  Croatia, 
Adriatic  Sea)  of  Phalacrocorax  aristotelis  desmarestii  in  Column  A  of  Table  1  of  Annex  3 
(respectively, in categories 23 and 1c4). 

The reasons for these proposals are the following. 

The family Phalacrocoracidae (Cormorants) is already included in Annex 2 of the Agreement. 
Based  on  their  migratory  status,  six  out  of  the eight  species  breeding  within the  geographic 
scope  of  the  Agreement  are  listed  in  Annex  2.  Two  unlisted  species  are  European  Shag 
Phalacrocorax aristotelis and Long-tailed Cormorant Phalacrocorax africanus. 

The  European  Shag  inhabits  Atlantic  coast  of  Europe  and  North  Africa,  from  Morocco  to 
northern  Norway  and  Kola  peninsula,  including  Iceland,  as  well  as  the  Mediterranean  and 
parts of the Black Sea coast (del Hoyo et al. 1992). Three subspecies are recognised:  Ph. a. 
aristotelis in Atlantic, Ph. a. desmarestii in the Mediterranean and the Black Sea and Ph. a. 
riggenbachi  from  Morocco.  Overall,  this  species  is  sedentary  or  dispersive,  but  some 
populations  are  truly  migratory:  the  northernmost  populations  of  Ph.  a.  aristotelis  from 
Norway and Russia and the Adriatic population of Ph. a desmarestii. 

The  global  population  was  estimated  to  c.  100,000  pairs  in  1990s  and  to  75,000-81,000  in 
2004  (BirdLife  International  2004).  The  species  is  classified  by  IUCN  as  Least  concern 
(Birdlife  2015).  The  overall  trend  is  decreasing,  although  some  populations  may  be  stable 
(Wetlands  International  2006).  Large  fluctuations  in  population  size  were  recorded.  For 
example,  the  population  in  the  United  Kingdom  showed  21%  increase  between  1969  and 
1987,  from  31,600  pairs  in  1969–1970  to  47,300  pairs  in  1985–1987,  followed  by  27% 
decline in 1998–2002, with further 26% decline to 2011 (Balmer et al. 2013). Also in Norway 
population  shows  large  fluctuations.  The  northernmost,  migratory  population  in  the  Barents 
Sea decreased from 10,000 pairs in 1980 to some 1,000 in 1994 but increased again to 5,000 
pairs in 2013 (Fauchald et al. 2015). 

Subspecies  Ph.  a.  desmaresti  was  estimated  to  number  8,700-11,126  breeding  pairs  (Bazin 
and  Imbert  2012).  In  2006,  the  population  was  estimated  to  c.  10,000  individuals  (Culioli 
2006). Population decrease was recorded at Corsica where the formerly stable population of 
up to 1000 pairs in 1975–1983 declined by > 50% to c. 375 pairs by 1994, with subsequent 
recovery (Dubois et al. 2008). 

3  Pursuant to Table 1 of Annex 3 to the Agreement, Category 2 includes Populations numbering between around 

10,000 and around 25,000 individuals. 

4  Pursuant  to  Table  1  of  Annex  3  to  the  Agreement,  Category  1  includes:  (a)  Species,  which  are  included  in 
Appendix I to the Convention on the Conservation of Migratory species of Wild Animals;  (b) Species, which 
are listed as threatened on the IUCN Red list of Threatened Species, as reported in the most recent summary by 
BirdLife International; or   (c) Populations, which number less than around 10,000 individuals. 

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The subspecies Ph. a. desmarestii is protected in the European part of the range and red-listed 
several  countries,  for  example:  it  is  classified  as  “Vulnerable”  in  Bulgaria,  and  as 
“Endangered”  in  Albania.  Ph.  a.  aristotelis  is  protected  in  part  of  the  range  (UK).  It  was 
recently uplisted from Amber to Red list in the UK (Eaton et al. 2015) and it is Red-listed in 
Russia because of the small population size. A reduction in the population of 15-30 % over 10 
years makes the species qualifies for the category "Near Threatened" in Norway (Korneev et 
al. 2015). 

Velando  and  Freire  (2002)  underline  that  an  effective  conservation  of  the  P.  a.  desmarestii 
should  pass  through  the  protection  of  the  breeding  sites  as  well  as  the  feeding  and  roosting 
areas, and the regulation of demersal fisheries in the feeding areas. According to Velando and 
Freire (2002), the Conservation Actions proposed by Birdlife in 2015 are 1) the identification 
of important sites at sea for this species; 2) subsequent designation as Marine Protected Areas; 
3) management of key breeding and wintering roosting sites, including eradication of invasive 
predators; 4) onboard monitoring programmes of fishing vessels to determine high-risk areas 
for gillnet bycatch; 5) where relevant implement mitigation and protection measures.  

1.4. 

The proposals from Luxemburg 

Luxemburg has proposed to move all populations of the following three species to Column A 
of Table 1 of Annex 3 of the Agreement: Curlew Sandpiper5 (Calidris ferruginea), Atlantic 
Puffin6 (Fratercula arctica) and Razorbill7 (Alca torda). While Luxemburg has not proposed 
any specific category for these three species, according to the criteria established in Table 1 of 
Annex  3  to  the  Agreement,  the  Curlew  Sandpiper  (Calidris  ferruginea)  and  the  Razorbill 
(Alca torda) qualify for category 48 and the Atlantic Puffin (Fratercula arctica) qualifies for 
category 1b9.  

The proposal by Luxemburg refers to Resolution 6.1 of AEWA MOP610 which acknowledged 
the  recent  global  Red  Listing  of  the  Common  Eider  (Somateria  mollissima),  Common 
Pochard  (Aythya 
ferina),  Horned  Grebe  (Podiceps  auritus),  Eurasian  Oystercatcher 
(Haematopus ostralegus), Northern Lapwing (Vanellus vanellus), Bar-tailed Godwit (Limosa 
lapponica), Red Knot (Calidris canutus), Curlew Sandpiper (Calidris ferruginea), Armenian 

5  Table 1 of Annex 3 to the Agreement currently lists two populations of Caladirs ferruginea: the population in 
Western Siberia/West Africa, listed in column B, category 2c, and the population in Central Siberia/SW Asia, 
E & S Africa, listed in column B, category 2c. 

6  Table 1 of Annex 3 to the Agreement currently lists three populations of Fratercula arctica: the population in 
Hudson bay & Maine E to S Greenland, Iceland, Bear Is, Norway to S Novaya Zemlya , listed in column C, the 
population  in  NE  Canada,  N  Greenland,  to  Jan  Mayen,  Svalbard,  N  Novaya  Zemlya,  listed  in  column  A, 
category 3a, and the population in Faeroes, S Norway & Sweden, Britain, Ireland, NW France, listed in column 
C. 

7  Table  1  of  Annex  3  to  the  Agreement  currently  lists  two  populations  of  Alca  torda:  the  population  of  Alca 
torda torda in E North America, Greenland, E to Baltic & White Seas, listed in column C, and the population 
of Alca torda islandica in Iceland, Faeroes, Britain, Ireland, Helgoland, NW France, listed in column C. 

8  Pursuant  to  Table  1  of  Annex  3  to  the  Agreement,  Category  4  includes  species,  which  are  listed  as  Near 
Threatened on the IUCN Red List of Threatened species, as reported in the most recent summary by BirdLife 
International,  but  do  not  fulfil  the  conditions  in  respect  of  Category  1,  2  or  3  and  which  are  pertinent  for 
international action. 

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Supra 4. 
UNEP/AEWA/MOP6/Res.  6.1  -  http://www.unep-aewa.org/en/document/adoption-amendments-aewa-
annexes-2  

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Gull (Larus armenicus), Atlantic Puffin (Fratercula arctica) and Razorbill (Alca torda), and 
noted the importance of considering the implications of these changes in listings for MOP7.  

1.5. 

Analysis of the proposals 

The amendments to Annexes 2 and 3 proposed by Croatia, Italy and Luxembourg would make 
all  populations  of  the  Shag  (Phalacrocorax  aristotelis),  Curlew  Sandpiper  (Calidris 
ferruginea),  Atlantic  Puffin  (Fratercula  arctica)  and  Razorbill  (Alca  torda)  subject  to  the 
requirement  of  Annex  3,  section  2.1.1  of  the  Agreement,  which  establishes  the  species 
conservation legal measures applicable to population of species listed in Colum A of Table 1 
of Annex 3. In particular, for populations listed in Column A of Table 1, Parties shall provide 
protection  to  those  populations  listed  in  accordance  with  Article  III,  paragraph  2(a),  of  the 
Agreement. Such Parties shall in particular and subject to paragraph 2.1.3:   

(a)  prohibit  the  taking  of  birds  and  eggs  of  those  populations  occurring  in  their 
territory;  

(b) prohibit deliberate disturbance in so far as  such  disturbance would be significant 
for the conservation of the population concerned; and  

(c)  prohibit  the  possession  or  utilization  of,  and  trade  in,  birds  or  eggs  of  those 
populations  which  have  been  taken  in  contravention  of  the  prohibitions  laid  down 
pursuant  to  subparagraph  (a)  above,  as  well  as  the  possession  or  utilization  of,  and 
trade in, any readily recognizable parts or derivatives of such birds and their eggs.  

By  way  of  exception  for  those  populations  listed  in  Categories  2  and  3  in  Column  A  and 
which  are  marked  by  an  asterisk,  and  those  populations  listed  in  Category  4  in  Column  A, 
hunting  may  continue  on  a  sustainable  use  basis11.  This  sustainable  use  shall  be  conducted 
within  the  framework  of  an  international  species  action  plan,  through  which  Parties  will 
endeavour to implement the principles of adaptive harvest management12. Such use shall, as a 
minimum, be subject to the same legal measures as the taking of birds from populations listed 
in Column B of Table 1, as required in paragraph 2.1.2. 

The  Italo-Croatian  proposal  as  well  as  the  Luxemburgish  proposals  are  well-founded.  They 
are compatible with and complementary to EU law, particularly the Birds Directive.  

Following  the  written  consultation  of  the  Nature  Directives  Expert  Group  (NADEG),  the 
Commission  proposes  that  the  Union  should  support  the  above  proposals  because  they  are 
science-based  and  in  line  with  the  Union's  commitment  to  international  cooperation  for  the 
protection of biodiversity. The proposals for amendment will not require a change of existing 
Union law. 

Any  proposals  to  amend  the  Annexes  of  the  Agreement,  shall  be  communicated  to  the 
Agreement Secretariat not less than 150 days before the opening of the session (cf. Article X, 
paragraphs 2 and 3 of the Agreement), i.e. 7 July 2018. 

11 “Sustainable use” means the use of components of biological diversity in a way and at a rate that does not lead 
to  the  long-term  decline  of  biological  diversity,  thereby  maintaining  its  potential  to  meet  the  needs  and 
aspirations of present and future generations. 

12 Adaptive  harvest  management  is  the  periodic  process  of  setting  hunting  regulations  based  on  a  system  of 

population and habitat monitoring, harvest-level recording, data analysis and defining regulatory options. 

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It  is  therefore  necessary  for  the  Council  to  urgently  take  a  decision  on  the  submission,  on 
behalf  of  the  European  Union,  of  the  above  proposal  to  Agreement  Secretariat.  This 
constitutes a position to be adopted on the Union’s behalf for the purpose of Article 218(9) 
TFEU. 

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2018/0221 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the submission, on behalf of the European Union, of a proposal for amending 
Annexes 2 and 3 of the Agreement on the Conservation of African-Eurasian Migratory 
Waterbirds (AEWA). 

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) 

The  Agreement  on  the  Conservation  of  African-Eurasian  Migratory  Waterbirds  ('the 
Agreement')  was  concluded  by  the  Union  by  Council  Decision  2006/871/EC1  and 
entered  into  force  on  1  October  2005.  The  Agreement  aims  to  conserve  migratory 
waterbirds  and  their  habitats  across  Africa,  Europe,  the  Middle  East,  Central  Asia, 
Greenland and the Canadian Archipelago. 

As  a  Party  to  the  Agreement,  the  Union  may  make  proposals  for  amendment  of  the 
Annexes  to  the  Agreement.  Annex  2  includes  the  waterbird  species  to  which  the 
Agreement applies. Annex 3 includes the Action Plan, which specifies actions which 
the  Parties  have  to  undertake  in  relation  to  priority  species,  such  as  species 
conservation,  habitat  conservation,  management  of  human  activities,  research  and 
monitoring,  education  and  information,  and  implementation,  consistent  with  the 
general conservation measures specified in Article III of the Agreement.   

Croatia  and  Italy  have  proposed  that  the  European  Union  submit  a  proposal  for 
amending Annex 2 to the Agreement, by adding the Shag (Phalacrocorax aristotelis).  

Croatia and Italy have also proposed that the European Union submits a proposal for 
amending Annex 3 to the Agreement, by listing the non-EU (Barents Sea) population 
of Phalacrocorax aristotelis aristotelis and the EU population (East Mediterranean – 
Croatia, Adriatic Sea) of Phalacrocorax aristotelis desmarestii in Column A of Table 
1 of that Annex respectively, in categories 22 and 1c3). 

1 
2  Pursuant to Table 1 of Annex 3 to the Agreement, Category 2 includes Populations numbering between around 

OJ L 345, 8.12.2006, p. 24. 

10,000 and around 25,000 individuals. 

3  Pursuant  to  Table  1  of  Annex  3  to  the  Agreement,  Category  1  includes:  (a)  Species,  which  are  included  in 
Appendix I to the Convention on the Conservation of Migratory species of Wild Animals;  (b) Species, which 

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(5) 

(6) 

Luxemburg  has  proposed  to  move  all  populations  of  the  following  three  species  to 
Column  A  of  Table  1  of  Annex  3  to  the  Agreement:  Curlew  Sandpiper4  (Calidris 
ferruginea),  Atlantic  Puffin5  (Fratercula  arctica)  and  Razorbill6  (Alca  torda).  While 
Luxemburg has not proposed any specific category for these three species, according 
to  the  criteria  established  in  Table  1  of  Annex  3  to  the  Agreement,  the  Curlew 
Sandpiper (Calidris ferruginea) and the Razorbill (Alca torda) qualify for category 47 
and the Atlantic Puffin (Fratercula arctica) qualifies for category 1b8.  

The  amendments  to  Annexes  2  and  3  proposed  by  Croatia,  Italy  and  Luxembourg 
would make all populations of the Shag (Phalacrocorax aristotelis), Curlew Sandpiper 
(Calidris ferruginea), Atlantic Puffin (Fratercula arctica) and Razorbill (Alca torda) 
subject  to  the  requirement  of  Annex  3,  section  2.1.1  of  the  Agreement,  which 
establishes  the  species  conservation  legal  measures  applicable  to  populations  of 
species listed in Colum A of Table 1 of Annex 3. In particular, for populations listed in 
Column A of Table 1, the Parties to the Agreement are to prohibit the taking of birds 
and  eggs  of  those  populations  occurring  in  their  territory,  prohibit  deliberate 
disturbance in so far as such disturbance would be significant for the conservation of 
the  population  concerned.  By  way  of  exception  for  those  populations  listed  in 
Categories  2  and  3  in  Column  A  and  which  are  marked  by  an  asterisk,  and  those 
populations listed in Category 4 in Column A, hunting may continue on a sustainable 
use  basis9.  This  sustainable  use  is  to  be  conducted  within  the  framework  of  an 
international species action plan, through which Parties will endeavour to implement 
the principles of adaptive harvest management10.  

(7) 

The Italo-Croatian proposal as well as the Luxemburgish proposals are well-founded. 
They are compatible with and complementary to Union law, particularly the Directive 
2009/147/EC11.  

are listed as threatened on the IUCN Red list of Threatened Species, as reported in the most recent summary by 
BirdLife International; or   (c) Populations, which number less than around 10,000 individuals. 

4  Table 1 of Annex 3 to the Agreement currently lists two populations of Caladirs ferruginea: the population in 
Western Siberia/West Africa, listed in column B, category 2c, and the population in Central Siberia/SW Asia, 
E & S Africa, listed in column B, category 2c. 

5  Table 1 of Annex 3 to the Agreement currently lists three populations of Fratercula arctica: the population in 
Hudson bay & Maine E to S Greenland, Iceland, Bear Is, Norway to S Novaya Zemlya , listed in column C, the 
population  in  NE  Canada,  N  Greenland,  to  Jan  Mayen,  Svalbard,  N  Novaya  Zemlya,  listed  in  column  A, 
category 3a, and the population in Faeroes, S Norway & Sweden, Britain, Ireland, NW France, listed in column 
C. 

6  Table  1  of  Annex  3  to  the  Agreement  currently  lists  two  populations  of  Alca  torda:  the  population  of  Alca 
torda torda in E North America, Greenland, E to Baltic & White Seas, listed in column C, and the population 
of Alca torda islandica in Iceland, Faeroes, Britain, Ireland, Helgoland, NW France, listed in column C. 

7  Pursuant  to  Table  1  of  Annex  3  to  the  Agreement,  Category  4  includes  species,  which  are  listed  as  Near 
Threatened on the IUCN Red List of Threatened species, as reported in the most recent summary by BirdLife 
International,  but  do  not  fulfil  the  conditions  in  respect  of  Category  1,  2  or  3  and  which  are  pertinent  for 
international action. 

Supra 15. 

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9  “Sustainable use” means the use of components of biological diversity in a way and at a rate that does not lead 
to  the  long-term  decline  of  biological  diversity,  thereby  maintaining  its  potential  to  meet  the  needs  and 
aspirations of present and future generations. 

10 Adaptive  harvest  management  is  the  periodic  process  of  setting  hunting  regulations  based  on  a  system  of 

population and habitat monitoring, harvest-level recording, data analysis and defining regulatory options. 

11 OJ L 20 of 26.01.2010. p. 7.  

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(8) 

(9) 

The proposals are science-based, in line with the Union's commitment to international 
cooperation for the protection of biodiversity. 

The species are already covered by Directive 2009/147/EC on the conservation of wild 
birds  and  the  Shag  (Phalacrocorax  aristotelis)  is  also  listed  in  Annex  I  to  that 
Directive.  Therefore,  the  proposed  amendments  would  not  require  any  change  in 
Union law.  

(10)  The  Union  should  therefore  submit  those  proposals  to  the  Agreement  Secretariat,  in 
view of the seventh Meeting of the Parties, which will take place on 4 to 8 December 
2018 in South Africa, 

(11) 

HAS ADOPTED THIS DECISION: 

1. 

The Union shall submitt the following proposals for amending Annexes 2 and 3 of 
the Agreement on the Conservation of African-Eurasian Migratory Waterbirds: 

Article 1 

(a)  Adding the Shag (Phalacrocorax aristotelis) to Annex 2 of the Agreement. 

(b)  Listing  the  non-EU  (Barents  Sea)  population  of  Phalacrocorax  aristotelis 
aristotelis and the EU population (East Mediterranean – Croatia, Adriatic Sea) 
of Phalacrocorax aristotelis desmarestii in Column A of Table 1 of Annex 3 
(respectively, categories 2 and 1c). 

(c)  Moving all populations of the Curlew Sandpiper (Calidris ferruginea), Atlantic 
Puffin (Fratercula arctica) and Razorbill (Alca torda) to Column A of Table 1 
of Annex 3 of the Agreement (respectively, categories 4, 1b, and 4). 

2. 

The  Commission  shall  communicate  the  proposal  on  behalf  of  the  Union  to  the 
Secretariat  of  the  Agreement  on  the  Conservation  of  African-Eurasian  Migratory 
Waterbirds. 

Article 2 

This Decision is addressed to the Commission.  

Done at Brussels, 

For the Council 
The President 

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