Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean (the 'Barcelona Convention') as regards the adoption of a Regional Plan on Agriculture Management, a Regional Plan on Aquaculture Management, a Regional Plan on Urban Stormwater Management, in the framework of Article 15 of the Protocol for the Protection of the Mediterranean Sea against Pollution from Land-Based Sources, and as regards the adoption of amendments to Annexes II and III to the Protocol concerning Special Protected Areas and Biological Diversity
Date: 2023-10-16
Institutions: Directorate-General for Environment, European Commission
Subjects: Mediterranean Sea, biodiversity, coastal region, international convention, marine environment, pollution from land-based sources, protected area, protocol to an agreement, revision of an agreement, water treatment

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   EUROPEAN COMMISSION  Brussels, 16.10.2023  COM(2023) 586 final 2023/0357 (NLE)  Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean (the 'Barcelona Convention') as regards the adoption of a Regional Plan on Agriculture Management, a Regional Plan on Aquaculture Management, a Regional Plan on Urban Stormwater Management, in the framework of Article 15 of the Protocol for the Protection of the Mediterranean Sea against Pollution from Land-Based Sources, and as regards the adoption of amendments to Annexes II and III to the Protocol concerning Special Protected Areas and Biological Diversity  
 
 
EXPLANATORY MEMORANDUM 

1. 

SUBJECT MATTER OF THE PROPOSAL 

This proposal concerns the decision establishing the position to be taken on the Union's behalf 
at  the  23rd  Meeting  of  the  Contracting  Parties  to  the  Convention  for  the  Protection  of  the 
Marine  Environment  and  the  Coastal  Region  of  the  Mediterranean  (the  ‘Barcelona 
Convention’)  and  its  Protocols  in  connection  with  the  envisaged  adoption  of  three  new 
Regional  Plans  (Regional  Plan  on  Agriculture  Management,  Regional  Plan  on  Aquaculture 
Management and Regional Plan on Urban Stormwater Management) within the framework of 
Article 15 of the Protocol for the Protection of the Mediterranean Sea against Pollution from 
Land-Based Sources, and the adoption of amendments to Annexes II and III of the Protocol 
on Special Protected Areas and Biological Diversity. 

2. 

2.1. 

CONTEXT OF THE PROPOSAL 

The Convention for the Protection of the Marine Environment and the Coastal 
Region of the Mediterranean and its Protocols 

The  Barcelona  Convention  and  its  seven  Protocols  adopted  in  the  framework  of  the 
Mediterranean  Action  Plan1  constitute  the  main  legally  binding  Multilateral  Environmental 
Agreement for the Mediterranean Sea and aim to protect the marine and coastal environment 
of the Mediterranean. The Barcelona Convention entered into force in 1978 and was amended 
in 1995. The amendments to the Barcelona Convention entered into force in 2004. 

The Protocol for the Protection of the Mediterranean Sea against Pollution from Land-Based 
Sources  (the  ‘LBS  Protocol’)  aims  to  prevent,  abate  and  fully  eliminate  where  possible, 
pollution of the Mediterranean Sea by dumping of waste or other matter. 

The Protocol on Special Protected Areas and Biological Diversity (the ‘SPA and Biodiversity 
Protocol’) aims to safeguard the biological diversity in the Mediterranean through the creation 
and management of Specially Protected Areas and the protection and conservation of species. 

The European Union is a party to the Barcelona Convention and its Protocols, including the 
LBS  Protocol2  and  the  SPA  and  Biodiversity  Protocol3.  Italy,  Greece,  Spain,  France, 
Slovenia,  Malta,  Cyprus  and  Croatia  are  also  Parties  to  the  Convention  and  its  Protocols, 
together with thirteen non-EU Mediterranean countries. 

2.2. 

The  Meeting  of  the  Contracting  Parties  to  the  Barcelona  Convention  and  its 
Protocols 

The  Meeting  of  the  Contracting  Parties  to  the  Barcelona  Convention  and  its  Protocols  (the 
’Meeting  of  the  Contracting  Parties’)  brings  together  the  Ministers  and  senior  officials 
representing  the  Contracting  Parties  to  the  Barcelona  Convention  and  its  Protocols.  The 
Contracting Parties will meet between 4 and 8 December 2023 in Portoroz, Slovenia. 

The  Meeting  of  Contracting  Parties,  which  takes  place  once  every  two  years,  is  the  highest 
decision-making  body  of  the  Convention.  Represented  by  their  competent  Ministries,  the 

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The  Convention  for  the  Protection  of  the  Mediterranean  Sea  Against  Pollution  (the  Barcelona 
Convention)  was  adopted  on  16  February  1976  and  entered  into  force  on  12  February  1978.  The 
Convention  was  amended  by  the  Convention  for  the  Protection  of  the  Marine  Environment  and  the 
Coastal Region of the Mediterranean on 10 June 1995. The amended Convention entered into force on 9 
July 2004; https://wedocs.unep.org/bitstream/handle/20.500.11822/31970/bcp2019_web_eng.pdf 
Council Decision 1999/801/EC, OJ L 322, 14.12.1999, p. 18-31. 
Council Decision 1999/800/EC, OJ L 322, 14.12.1999, p.1. 

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Contracting  Parties  in  these  biannual  meetings  decide  on  the  relevant  policies,  strategies, 
budget and programme of work.  

According to Article 25 of the Barcelona Convention, the EU shall  exercise its right to vote 
with a number of votes equal to the number of its Member States, Contracting Parties to this 
Convention  and  to  one  or  more  of  its  Protocols.  The  EU  shall  not  exercise  its  right  to  vote 
when its Member States exercise theirs and conversely. 

According to Article 15, paragraph 1, of the LBS Protocol, decisions on the adoption of action 
plans, programmes  and  measures shall be made  by a two-thirds majority of the Contracting 
Parties present and voting. 

According  to  Article  23(2)  of  the  Barcelona  Convention,  amendments  to  Annexes  of  the 
Convention or to any Protocol shall be adopted by the Meeting of the Contracting Parties by a 
three-fourth majority vote of the Contracting Parties to the instrument. 

2.3. 

The  envisaged  acts  of  the  23rd  Meeting  of  the  Contracting  Parties  to  the 
Barcelona Convention and its Protocols 

During  the  23rd  Ministerial  meeting,  taking  place  from  4  to  8  December  2023,  the 
Contracting Parties to the Barcelona Convention and its Protocols are to adopt the following 
acts (‘the envisaged acts’): 

– 

Proposals to adopt three Regional Plans in the framework of Article 15 of the LBS 
Protocol:  (1)  the  Regional  Plan  on  Agriculture  Management,  (2)  the  Regional  Plan 
on  Aquaculture  Management,  and  (3)  the  Regional  Plan  on  Urban  Stormwater 
Management; 

– 

A proposal to amend Annexes II and III to the SPA and Biodiversity Protocol. 

The  purpose  of  the  envisaged  Regional  Plans  is  to  reduce  and  prevent  pollution  in  the 
the  unsustainable  management  of  agriculture,  aquaculture  and 
Mediterranean  from 
stormwater  respectively.  The  LBS  Protocol  provides  for  the  adoption  by  the  Convention  of 
regional Action Plans to eliminate pollution from land-based sources and activities. Once the 
Plans are adopted, their measures and timetables become legally binding, in accordance with 
Article 15, paragraph 3 of the LBS Protocol. 

The purpose of the amendment of Annexes II and III to the SPA and Biodiversity Protocol is 
the  inclusion  of  nine  cartilaginous  species:  six  species  in  Annex  II  (list  of  endangered  or 
threatened species) and three species in Annex III (list of species whose exploitation is being 
regulated).  The  amendments  to  the  Annexes  to  the  Protocol  become  effective  to  all 
Contracting Parties to the SPA and Biodiversity Protocol upon expiry of a period determined 
by the Contracting Parties when adopting the amendment, in accordance with Articles 23 of 
the Barcelona Convention and Article 14(1) of the SPA and Biodiversity Protocol. 

3. 

(1) 

POSITION TO BE TAKEN ON THE UNION'S BEHALF 

As regards the Regional Action Plan for Agricultural Management: 

In line with the UN Sustainable Development Goals, in particular  SDG 2, SDG 6 and SDG 
144,  the  UN  Convention  to  Combat  Desertification5  and  the  Stockholm  Convention  on  the 

4 

SDG2: ‘End hunger, achieve food security and improved nutrition and promote sustainable agriculture’; 
SDG  6:  ‘Ensure  availability  and  sustainable  management  of  water  and  sanitation  for  all’;  SDG  14: 
‘Conserve  and  sustainably  use  the  oceans,  seas  and  marine  resources  for  sustainable  development’, 
Adopted at Seventieth session of the UN General Assembly on 25 September 2015, ‘Transforming our 
world: the 2030 Agenda for Sustainable Development. 

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Protection  against  Persistent  Organic  Pollutants6,  the  envisaged  Regional  Plan  requires  the 
establishment  of  a  regulatory  framework  (by  2028),  as  well  as  the  implementation  of 
measures  (by  2030)  for  the  input  reduction  of  pollutants  and  other  waste,  as  well  as  the 
contribution to sustainable agriculture.  

The envisaged Regional Plan is fully in line with the Union’s ambition under the Green Deal, 
in  particular  its  Farm  to  Fork  Strategy7  and  Biodiversity  Strategy8,  which  aim  at  pollution 
reduction  and  encourage  low-input  farming.  The  proposed  position  would  also  fit  in  with 
wider EU policies on protection of the quality of EU water bodies and the marine and coastal 
environment against land-based pollution, as well as on the sustainable use of pesticides and 
the reduction of nutrient losses. 

It is therefore proposed that the Union support the adoption of the envisaged Regional Plan on 
Agriculture Management. 

(2) 

As regards the Regional Action Plan for Aquaculture Management: 

In  line  with  UN  Sustainable  Development  Goal  14,  as  well  as  with  global  and  regional 
guidelines  and  initiatives  related  to  the  sustainable  development  of  aquaculture9,  the 
envisaged Regional Plan requires the establishment of a regulatory framework (by 2027) that 
sets the operational conditions for aquaculture facilities, and provides for the implementation 
of  measures  to  minimise  pollution  from  aquaculture  activities  (by  2028/2030),  to  promote 
environmentally  sustainable aquaculture (by 2027)  and to  regulate the generation of plastic 
waste from aquaculture (by 2028). 

As  the  envisaged  Regional  Plan  is  fully  in  line  with  the  Union’s  ambition  under  the  Green 
Deal  and  related  Strategies10  and  Guidelines,  in  particular  the  Commission  Strategic 
Guidelines for a more sustainable and competitive EU aquaculture for the period 2021-203011 
to improve the environmental performance of aquaculture and reduce plastic pollution, as well 
as environmental policy on ensuring the good quality of EU coastal and marine waters, it is 
proposed that the Union support the adoption of the envisaged act. 

It is therefore proposed that the Union support the adoption of the envisaged Regional Plan on 
Aquaculture Management. 

(3) 

As regards the Regional Action Plan for Urban Stormwater Management: 

In line with UN Sustainable Development Goal 14, the envisaged Regional Plan requires the 
establishment of a regulatory framework (by 2028) to reduce stormwater runoff volume and 
peak  flows  and  to  address  related  pollution  aspects  from  urban  stormwater  management.  It 
also provides for the implementation of stormwater management plans (by 2030) based on the 

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in 

and/or 

drought 

established 

particularly 

in  Africa, 

desertification, 

United  Nations  Convention  to  Combat  Desertification  (UNCCD),  in  those  countries  experiencing 
serious 
1994, 
UNCCD_Convention_ENG_0_0.pdf  
Stockholm Convention (UNEP) on persistent organic pollutants (POPs), which was  adopted on the 22 
May 2001, entered into force on 17 May 2004, and last revised in 2019. https://chm.pops.int. 
Commission  Communication  of  20 May  2020  on  a Farm to Fork Strategy for  a fair,  healthy  and 
environmentally-friendly food system, COM(2020)381 final. 
Commission Communication of 20 May 2020 EU Biodiversity Strategy for 2030 ‘Bringing nature back 
into our lives’, COM(2020)380 final. 
Guidelines  for  Sustainable  Agriculture  are  being  developed  by  the  UN  Food  and  Agriculture 
Organization  (FAO)  for  endorsement  in  2024,  and  Strategic  Guidelines  for  a  more  sustainable  and 
competitive EU aquaculture for the period 2021 to 2030 were adopted by the European Commission in 
May 2021, COM(2021)236 final. 
In  particular  the  EU  Farm  to  Fork  Strategy  (COM(2020)381final),  and  EU  Biodiversity  Strategy 
(COM(2020)380 final). 
COM(2021)236 final. 

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selection  of  applicable  control  measures,  as  well  as  the  implementation  of  seasonal 
maintenance of stormwater collection systems (by 2028) to ensure their efficient functioning. 

The proposed Regional Plan is fully in line with the Union’s policies on the protection of the 
quality  of  EU  water  bodies  and  the  coastal  and  marine  environment  against  pollution  from 
land-based source of pollution, as well as the proper management of urban wastewater. 

It is therefore proposed that the Union support the adoption of the envisaged Regional Plan on 
Urban Stormwater Management. 

(4) 

As  regards  the  amendments  to  Annexes  II  and  III  to  the  SPA  and  Biodiversity 
Protocol: 

According to the assessments of the Red List of the International Union for the Conservation 
of  Species  (IUCS)12,  the  cartilaginous  species  proposed  for  inclusion  in  Annex  II 
(‘endangered  or  threatened  species’)  and  III  (species  whose  exploitation  is  regulated) 
respectively,  are  either  (critically)  endangered,  vulnerable  or  near  threatened.    As  such,  the 
proposed  inclusion  of  the  species  and  the  underlying  justification  are  in  conformity  with 
Decision IG.17/14 on the Common Criteria for proposing amendments to Annexes II and III 
to the SPA and Biodiversity Protocol.13 

The  proposed  amendments  are  fully  in  line  with  the  Union’s  ambitions  under  the  EU 
Biodiversity  strategy,  as  well  as  its  international  commitments  to  protect  and  restore 
biodiversity in the framework of the UN Convention on Biological Diversity (CBD). It is also 
consistent with the Union approach taken in EU fisheries policy on the protection of fisheries 
resources  and  marine  ecosystems 
technical  measures,  which  builds  on 
Recommendations from regional bodies.  

through 

It  is  therefore  proposed  that  the  Union  support  the  amendment  of  Annexes  II  and  III  to  the 
SPA and Biodiversity Protocol. 

A  Union  position  is  needed  for  the  adoption  of  the  envisaged  acts  because  of  the  legally 
binding effects of these acts. 

4. 

LEGAL BASIS 

4.1. 

Procedural legal basis 

4.1.1.  Principles 

Article 218(9) of the Treaty on the Functioning of the European Union (TFEU) provides for 
decisions establishing ‘the positions to be adopted on the Union’s behalf in a body set up by 
an  agreement,  when  that  body  is  called  upon  to  adopt  acts  having  legal  effects,  with  the 
exception of acts supplementing or amending the institutional framework of the agreement.’ 

The concept of ‘acts having legal effects’ includes acts that have legal effects by virtue of the 
rules of international law governing the body in question. It also includes instruments that do 
not  have  a  binding  effect  under  international  law,  but  that  are  ‘capable  of  decisively 
influencing the content of the legislation adopted by the EU legislature’14. 

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The  International  Union  for  Conservation  of  Nature’s  Red  List  of  Threatened  Species  established  in 
1964,  www.iucnredlist.org 
Common Criteria for proposing amendments to Annexes II and III of the Protocol concerning Specially 
Protected  Areas  and  Biological  Diversity  in  the  Mediterranean,  adopted  at  COP15  Barcelona 
Convention, UNEP(DEPI)/MED IG.17/10 Annex V 
Judgment  of 
ECLI:EU:C:2014:2258, paragraphs 61 to 64.  

the  Court  of  Justice  of  7  October  2014,  Germany  v  Council,  C-399/12, 

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4.1.2.  Application to the present case 

The  Meeting  of  the  Contracting  Parties  is  a  body  set  up  by  an  agreement,  namely  the 
Barcelona Convention. 

The acts, which the Meeting of the Contracting Parties is called upon to adopt, constitute acts 
having legal effects. The envisaged acts will be binding under international law in accordance 
with Article 15(3) of the LBS Protocol as regards the envisaged Regional Plans, and Article 
29 of the Barcelona Convention as regards the envisaged amendments of the Annexes to the 
SPA and Biodiversity Protocol. 

The  envisaged  acts  do  not  supplement  or  amend  the  institutional  framework  of  the 
Agreement. 

Therefore, the procedural legal basis for the proposed decision is Article 218(9) TFEU. 

4.2. 

Substantive legal basis 

4.2.1.  Principles 

The  substantive  legal  basis  for  a  decision  under  Article  218(9)  TFEU  depends  primarily  on 
the objective and content of the envisaged act in respect of which a position is taken on the 
Union's  behalf.  If the  envisaged act  pursues two  aims or has two components  and if one of 
those  aims  or  components  is  identifiable  as  the  main  one,  whereas  the  other  is  merely 
incidental, the decision under Article 218(9) TFEU must be founded on a single substantive 
legal basis, namely that required by the main or predominant aim or component. 

4.2.2.  Application to the present case 

The  main  objective  and  content  of  the  envisaged  acts  relate  to  the  protection  of  the 
environment.  

Therefore, the substantive legal basis of the proposed decision is Article 192(1) TFEU. 

4.3. 

Conclusion 

The legal basis of the proposed decision should be Article 192(1) TFEU, in conjunction with 
Article 218(9) TFEU. 

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2023/0357 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be taken on behalf of the European Union in the Convention for the 
Protection of the Marine Environment and the Coastal Region of the Mediterranean 
(the 'Barcelona Convention') as regards the adoption of a Regional Plan on Agriculture 
Management, a Regional Plan on Aquaculture Management, a Regional Plan on Urban 
Stormwater Management, in the framework of Article 15 of the Protocol for the 
Protection of the Mediterranean Sea against Pollution from Land-Based Sources, and as 
regards the adoption of amendments to Annexes II and III to the Protocol concerning 
Special Protected Areas and Biological Diversity 

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 Union is a Contracting Party to the Convention for the Protection of the Marine 
Environment and the Coastal Region of the Mediterranean (hereinafter referred to as 
'the Barcelona Convention')15. 

The Protocol for the Protection of the Mediterranean Sea against Pollution from Land-
Based  Sources  and  Activities  (the  ‘LBS  Protocol’)  was  concluded  by  the  Union  by 
Council Decision 1999/801/EC16 and entered into force on 11 May 2008.  

The  Protocol  concerning  Specially  Protected  Areas  and  Biological  Diversity  in  the 
Mediterranean (the ‘SPA and Biodiversity Protocol’) was concluded by the Union by 
Council Decision 1999/800/EC17 and entered into force on 12 December 1999. 

Pursuant to Article 15 of the LBS Protocol, the Meeting of the Contracting Parties to 
the  Barcelona  Convention  and  its  Protocols  may  adopt  regional  action  plans 
containing measures and timetables for their implementation. 

Pursuant  to  Article  18  of  the  Barcelona  Convention,  the  Meeting  of  the  Contracting 
Parties,  may  adopt  amendments  of  the  Protocols  to  the  Barcelona  Convention. 
Pursuant  to  Article  23  of  the  Barcelona  Convention  and  its  Protocols  in  conjunction 
with  Article  14(1)  of  the  SPA  and  Biodiversity  Protocol,  an  amendment  to  the 
Annexes  to  the Protocol  is  to  become effective to  all Contracting Parties to  the SPA 
and  Biodiversity  Protocol  upon  expiry  of  a  period  determined  by  the  Contracting 
Parties  when  adopting  the  amendment,  except  for  those  that  have  notified  the 
Depositary in writing that they are unable to approve the amendment. 

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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. 
OJ L 322, 14.12.1999, p. 18-31. 
OJ L 322, 14.12.1999, p.1. 

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(6) 

(7) 

(8) 

(9) 

The Meeting of the Contracting Parties to the Barcelona Convention and its Protocols, 
during its 23rd session/meeting held from 4-8 December 2023, is to adopt three new 
Regional Plans under the LBS Protocol (a Regional Plan on Agriculture Management, 
a  Regional  Plan  on  Aquaculture  Management,  and  a  Regional  Plan  on  Urban 
Stormwater Management), and a proposal to amend Annexes II and III to the SPA and 
Biodiversity  Protocol  to  include  nine  cartilaginous  species:  five  species  in  Annex  II 
(list of endangered or threatened species) and four species in Annex III (list of species 
whose exploitation is being regulated). 

It  is  appropriate  to  establish  the  position  to  be  taken  on  the  Union's  behalf  at  the 
Meeting of the Contracting Parties to the Barcelona Convention and its Protocols on 
the  adoption  of  these  proposals,  as  the  Regional  Plans  will  be  binding  on  the  Union 
according  to  Article  15,  paragraph  3  of  the  LBS  Protocol,  and  the  amendments  to 
Annexes II and III of the SPA and Biodiversity Protocol will be binding on the Union 
in accordance with Article 29 of the Barcelona Convention. 

Since the envisaged Regional Plans are in line with the Union’s ambition and policies 
to  reduce  pollution  from  agricultural,  aquaculture  and  urban  stormwater  and  to 
improve the protection of the coastal and marine environment, it is proposed that the 
Union support the adoption of the proposed Regional Plans. 

Since  the  envisaged  amendments  to  Annexes  II  and  III  to  the  SPA  and  Biodiversity 
Protocol are consistent with the Union’s ambition under the Green Deal, in particular 
the EU Biodiversity Strategy, as well as with Union law on the protection of fisheries 
resources and marine ecosystems, it is proposed that the Union support the adoption of 
the proposed amendments, 

HAS ADOPTED THIS DECISION: 

Article 1 

The position to be taken on the Union's behalf in the 23rd session/meeting of the Contracting 
Parties to the Barcelona Convention and its Protocols shall be to support, in the framework of 
Article 15 of the LBS Protocol, the following decisions: 

(a) 

(b) 

(c) 

the adoption of a Regional Plan on Agriculture Management;  

the adoption of a Regional Plan on Aquaculture Management; 

the adoption of a Regional Plan on Urban Stormwater Management.  

Article 2 
The position to be taken on the Union’s behalf in the 23rd session/meeting of the Contracting 
Parties to the Barcelona Convention and its Protocols shall be to support: 

(a) 

the  inclusion  of  the  following  cartilaginous  species  to  Annex  II  to  the  SPA  and 
Biodiversity Protocol: 

– 

– 

– 

– 

– 

Aetomylaeus bovinus (Geoffroy St. Hilaire, 1817); 

Alopias superciliosus (Lowe, 1841); 

Bathytoshia lata (Garman, 1880); 

Dasyatis pastinaca (Linnaeus, 1758); 

Rhinoptera marginata (Geoffroy St. Hilaire, 1817); and 

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(b) 

the  inclusion  of  the  following  cartilaginous  species  in  Annex  III  to  the  SPA  and 
Biodiversity Protocol: 

– 

– 

– 

Dasyatis marmorata (Steindachner, 1892); 

Hexanchus griseus (Bonnaterre, 1788); 

Pteroplatytrygon violacea (Bonaparte, 1832); 

–  Myliobatis aquila (Linnaeus, 1758). 

Article 3 

Minor changes to these positions may be agreed through coordination on the spot, and before 
a decision is taken at the 23rd Meeting of the Contracting Parties to the Barcelona Convention 
and its Protocols. 

This Decision is addressed to the Commission. 

Done at Brussels, 

Article 4 

For the Council 
The President 

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