Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the fifteenth meeting of the Conference of the Parties to the Convention on the Conservation of Migratory Species of Wild Animals (CMS) as regards proposals from various parties to amend the Appendices to that Convention.
Date: 2026-02-19
Institutions: Directorate-General for Environment, European Commission
Subjects: animal life, biodiversity, environmental cooperation, international convention, protected species, protection of animal life, revision of an agreement

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   EUROPEAN COMMISSION  Brussels, 19.2.2026  COM(2026) 88 final 2026/0054 (NLE)  Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union in the fifteenth meeting of the Conference of the Parties to the Convention on the Conservation of Migratory Species of Wild Animals (CMS) as regards proposals from various parties to amend the Appendices to that Convention.  
 
EXPLANATORY MEMORANDUM 

1. 

SUBJECT MATTER OF THE PROPOSAL 

This proposal concerns the decision establishing the position to be taken on the Union's behalf 
in the 15th meeting of the Conference of the Parties to the Convention on the Conservation of 
Migratory  Species  of  Wild  Animals  ('the  Convention')  in  connection  with  the  envisaged 
adoption of decisions concerning the amendment of the Appendices to the Convention. 

2. 

2.1. 

CONTEXT OF THE PROPOSAL 

The  Convention  on  the  Conservation  of  Migratory  Species  of  Wild  Animals 
(CMS) 

The Convention on the Conservation of Migratory Species of Wild Animals aims to conserve 
terrestrial,  marine  and  avian  migratory  species 
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 
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  Convention  entered  into 
force on 1 November 1983.   
The  European  Union  is  a  party  to  the  Convention1.  All  Member  States  are  parties  to  the 
Convention. 

their  range.  It 

throughout 

2.2. 

The Conference of the Parties 

The  Conference  of  the  Parties  is  the  principal  decision-making  body  of  the  Convention.  Its 
functions  are  enumerated  in  Article  VII  of  the  Convention,  including  powers  to  assess  the 
conservation status of migratory species and, subsequently, to amend Appendices I and II to 
the Convention. Decisions at a meeting of the Conference of the Parties require a two-thirds 
majority  of  the  Parties  present  and  voting,  except  where  otherwise  provided  for  by  the 
Convention. 
The  15th  meeting  of  the  Conference  of  the  Parties  will  take  place  in  Campogrande  (Brazil) 
from 23 to 29 March 2026. 

The envisaged act of the Conference of the Parties 

2.3. 
During  its  15th  meeting,  the  Conference  of  the  Parties  is  to  adopt  decisions  regarding 
amendments of the Appendices to the Convention (‘the envisaged acts’). 

The purpose of the envisaged acts is to amend Appendix I and Appendix II to the Convention, 
as provided for in Article XI of the Convention.   

In  accordance  with  Article  III  of  the  Convention,  Appendix  I  to  the  Convention  shall  list 
migratory  species  which  are  endangered  and  for  which  Parties  that  are  Range  States  of  the 
species  concerned  shall  endeavour  to  take  various  conservation  measures  and  shall  prohibit 
the taking of animals belonging to such species. 

Article  IV  to  the  Convention  stipulates  that  Appendix  II  shall  list  migratory  species  which 
have an unfavourable conservation status and which require international agreements for their 
conservation and management, as well as those which have a conservation status which would 

1 

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, 19.7.1982, p. 10. 

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significantly  benefit  from  the  international  cooperation  that  could  be  achieved  by  an 
international agreement.   

If  the  circumstances  so  warrant,  a  migratory  species  may  be  listed  both  in  Appendix  I  and 
Appendix II. 

In accordance with Article XI of the Convention, proposals for amendments 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. 

POSITION TO BE TAKEN ON THE UNION'S BEHALF 

3. 
With regard to the 15th meeting of the Conference of the Parties to the Convention, the Union 
has not proposed any amendments to the Appendices to the Convention.  

Other Parties to the Convention have submitted proposals to amend Appendix I to include the 
following species and subspecies: Acinonyx jubatus (populations of Zimbabwe, Botswana and 
Namibia), Hyaena hyaena, Pteronura brasiliensis, Pterodroma baraui, Pterodroma cervicalis 
occulta,  Pterodroma  hasitata,  Pterodroma  madeira,  Pterodroma  magentae,  Pterodroma 
incerta,  Pseudobulweria  macgillivrayi,  Pseudobulweria  aterrima,  Pseudobulweria  becki, 
Numenius  phaeopus  hudsonicus,  Limosa  haemastica,  Tringa  flavipes,  Alopias  pelagicus, 
Alopias superciliosus, Alopias vulpinus, Sphyrna lewini, Sphyrna mokarran. 

One Party to the Convention, Uzbekistan, has submitted a proposal to amend Appendix I to 
remove  from  this  Appendix  the  following  species  (while  maintaining  it  in  Appendix  II): 
Cervus elaphus yarkandensis. 

Other  Parties  to  the  Convention  have  submitted  proposals  to  amend  Appendix  II  to  include 
the following species: Acinonyx jubatus (populations of Zimbabwe, Botswana and Namibia), 
Hyaena hyaena, Pteronura brasiliensis, Pterodroma leucoptera (populations of Australia and 
New  Caledonia),  Pterodroma  brevipes,  Pterodroma  defilippiana,  Pterodroma  longirostris, 
Pterodroma  cookii  cookii,  Pterodroma  cookii  orientalis,  Pterodroma  pycrofti,  Pterodroma 
juana,  Pterodroma  arminjoniana,  Pterodroma  alba, 
axillaris,  Pterodroma  neglecta 
Pterodroma cervicalis cervicalis, Pterodroma externa, Pterodroma feae, Pterodroma deserta, 
Ardenna  carneipes,  Pseudobulweria  rostrata,  Bubo  scandiacus,  Sporophila  iberaensis, 
Mustelus schmitti, Squatina guggenheim, Pseudoplatystoma corruscans. 

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  15th  meeting  of  the 
Conference of the Parties with regard to all proposals for amendments. 

The  Union  should  support  all  the  above-mentioned  proposals,  with  one  exception  for  the 
species  Cervus  elaphus  yarkandensis,  because  they  are  science-based  and  in  line  with  the 
Union's commitment to international cooperation for the protection of biodiversity, including 
consideration  of  how  to  make  best  use  of  scientific  information  concerning  both  biological 
features and fisheries biological reference points. 

Adding these species to Appendix I or II to the Convention or removing the species Cervus 
elaphus yarkandensis from Appendix I, as proposed, would not require any change in Union 
law.  

The  Union  is  not  a  range  state  for  the  mammals  Acinonyx  jubatus  and  Hyaena  hyaena. 
Adding these species to Appendices I and II should be supported.  

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The mammal Pteronura brasiliensis occurs in the Union only in French Guiana, where Union 
nature  legislation  does  not  apply.  Adding  this  species  to  Appendices  I  and  II  to  the 
Convention should be supported.  

In  reference  to  the  mammal  Cervus  elaphus  yarkandensis,  the  Scientific  Council  of  the 
Convention noted during its eighth session, held in December 2025, the lack of clarity about 
the  taxonomic  scope  of  the  proposal  and  the  need  for  more  data  on  population  numbers. 
Consequently, there is currently a lack of sufficient information to establish a position on this 
species. Therefore, the final EU position on the removal of this species from Appendix I shall 
be  dependent  upon  the  submission  and  consideration  of  new  scientific  or  technical 
information  either  prior  to  or  during  the  Conference  of  the  Parties,  and  it  shall  be  made  in 
accordance with the criteria established in Article III(3) of the Convention. 

The  birds  Pterodroma  cervicalis  occulta,  Pterodroma  hasitata,  Pterodroma  magentae, 
Pterodroma  incerta,  Pseudobulweria  macgillivrayi,  Pseudobulweria  becki,  Pterodroma 
leucoptera (populations of Australia and New Caledonia), Pterodroma brevipes, Pterodroma 
defilippiana,  Pterodroma 
longirostris,  Pterodroma  cookii  cookii,  Pterodroma  cookii 
juana, 
orientalis,  Pterodroma  pycrofti,  Pterodroma  axillaris,  Pterodroma  neglecta 
Pterodroma  arminjoniana,  Pterodroma  alba,  Pterodroma  cervicalis  cervicalis,  Pterodroma 
externa,  Ardenna  carneipes,  Pseudobulweria  rostrata,  Numenius  phaeopus  hudsonicus, 
Limosa  haemastica,  Tringa  flavipes  and  Sporophila  iberaensis  do  not  occur  within  the 
European  territory  to  which  Directive  2009/147/EC  applies.  Hence  adding  these  species  to 
Appendix I or II to the Convention would not require any change in Union law and should be 
supported. 

The birds Pterodroma madeira, Pterodroma feae, Pterodroma deserta and Bubo scandiacus 
are already covered by the EU Birds Directive2. Adding these species to Appendix I or II to 
the Convention should be supported.  

The fishes Alopias pelagicus, Alopias superciliosus and Alopias vulpinus are strictly protected 
under  the  2025  Fishing  Opportunities  Regulation3.  They  are  also  protected  under  the 
Technical  Measures  Regulation4.  The  Technical  Measures  Regulation  also  provides  the 
necessary  level  of  protection  for  the  fishes  Sphyrna  lewini  and  Sphyrna  mokarran.  Adding 
these species to Appendix I or II to the Convention should be supported.  

The  Union  is  not  a  range  state  for  the  fish  species  Mustelus  schmitti,  Squatina  guggenheim 
and  Pseudoplatystoma  corruscans.  Adding  these  species  to  Appendix  I  or  II  to  the 
Convention should be supported.  

2 

3 

4 

Directive  2009/147/EC  of  the  European  Parliament  and  of  the  Council  of  30  November  2009  on  the 
conservation of wild birds OJ L 20, 26.1.2010, pp. 7–25 
Council  Regulation  (EU)  2025/202  of  30  January  2025  fixing  for  2025  and  2026  the  fishing 
opportunities  for  certain  fish  stocks,  applicable  in  Union  waters  and,  for  Union  fishing  vessels,  in 
certain non-Union waters, and amending Regulation (EU) 2024/257 as regards fishing opportunities for 
2025 OJ L, 2025/202, 31.1.2025 
Regulation  (EU)  2019/1241  of  the  European  Parliament  and  of  the  Council  of  20  June  2019  on  the 
conservation of fisheries resources and the protection of marine ecosystems through technical measures, 
amending  Council  Regulations  (EC)  No  1967/2006,  (EC)  No 1224/2009  and  Regulations  (EU) 
No 1380/2013, (EU) 2016/1139, (EU) 2018/973, (EU) 2019/472 and (EU) 2019/1022 of the European 
Parliament  and  of  the  Council,  and  repealing  Council  Regulations  (EC)  No 894/97,  (EC)  No 850/98, 
(EC)  No 2549/2000,  (EC)  No 254/2002,  (EC)  No 812/2004  and  (EC)  No 2187/2005  OJ  L  198 
25.7.2019, p. 105 

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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’5. 

4.1.2. Application to the present case 

The Conference of the Parties is a body set up by an agreement, namely  the Convention on 
the Conservation of Migratory Species of Wild Animals. 

The  acts  which  the  Conference  of  the  Parties  is  called  upon  to  adopt  constitute  acts  having 
legal effects. The envisaged acts will be binding under international law in accordance with 
Article XI of the Convention on the Conservation of Migratory Species of Wild Animals. 

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

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 environmental protection. 

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. 

5. 

PUBLICATION OF THE ENVISAGED ACT 

As the acts of the Conference of the Parties will amend Appendices I and II to the Convention 
on the Conservation of Migratory Species of Wild Animals, it is appropriate to publish them 
in the Official Journal of the European Union after their adoption. 

5 

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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2026/0054 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be taken on behalf of the European Union in the fifteenth meeting of 
the Conference of the Parties to the Convention on the Conservation of Migratory 
Species of Wild Animals (CMS) as regards proposals from various parties to amend the 
Appendices to that 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) 

The  Convention  on  the  Conservation  of  Migratory  Species  of  Wild  Animals  (the 
‘Convention’)  was  concluded  by  the  Union  by  Council  Decision  82/461/EEC6  and 
entered into force on 1 November 1983. 

Pursuant  to  Article  XI  of  the  Convention,  the  Conference  of  the  Parties  to  the 
Convention  (the  ‘Conference  of  the  Parties’)  may  adopt  decisions  to  amend  the 
Appendices to the Convention. 

The Conference of the Parties, during its fifteenth meeting in March 2026, is to adopt 
decisions  to  amend the  Appendices  to the Convention  on proposals  (i)  regarding the 
inclusion  in  Appendix  I  to  the  Convention  of  Acinonyx  jubatus  (populations  of 
Zimbabwe,  Botswana  and  Namibia),  Hyaena  hyaena,  Pteronura  brasiliensis, 
Pterodroma baraui, Pterodroma cervicalis occulta, Pterodroma hasitata, Pterodroma 
madeira,  Pterodroma  magentae,  Pterodroma  incerta,  Pseudobulweria  macgillivrayi, 
Pseudobulweria  aterrima,  Pseudobulweria  becki,  Numenius  phaeopus  hudsonicus, 
Limosa haemastica, Tringa flavipes, Alopias pelagicus, Alopias superciliosus, Alopias 
vulpinus,  Sphyrna  lewini,  Sphyrna  mokarran;  (ii)  regarding  the    removal  from 
Appendix I to the Convention (while maintaining it in Appendix II) of Cervus elaphus 
yarkandensis;  and  (iii)  regarding  the  inclusion  in  Appendix  II  to  the  Convention  of 
Acinonyx  jubatus  (populations  of  Zimbabwe,  Botswana  and  Namibia),  Hyaena 
hyaena, Pteronura brasiliensis, Pterodroma leucoptera  (populations of Australia and 
New  Caledonia),  Pterodroma  brevipes,  Pterodroma  defilippiana,  Pterodroma 
longirostris,  Pterodroma  cookii  cookii,  Pterodroma  cookii  orientalis,  Pterodroma 
pycrofti, Pterodroma axillaris, Pterodroma neglecta juana, Pterodroma arminjoniana, 
Pterodroma alba, Pterodroma cervicalis cervicalis, Pterodroma externa, Pterodroma 
feae,  Pterodroma  deserta,  Ardenna  carneipes,  Pseudobulweria  rostrata,  Bubo 
iberaensis,  Mustelus  schmitti,  Squatina  guggenheim, 
scandiacus,  Sporophila 
Pseudoplatystoma corruscans. 

6 

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, 19.7.1982, p. 10). 

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(4) 

(5) 

The  envisaged  acts  of  the  Conference  of  the  Parties  will  produce  legal  effects  under 
international law for the Union.  

The Union should support all the above-mentioned proposals, with one exception for 
the species Cervus elaphus yarkandensis, because they are science-based, in line with 
the Union's commitment to international cooperation for the protection of biodiversity 
in  accordance  with  Article  5  of  the  UN  Convention  on  Biological  Diversity,  and  in 
line with decisions taken at the Conference of the Parties to that Convention. 

HAS ADOPTED THIS DECISION: 

Article 1 

The position to be taken on the Union's behalf in the fifteenth meeting of the Conference of 
the Parties shall be the following: 

(1) 

to support the addition to Appendix I of the following species or subspecies: 

(1)  Populations of Zimbabwe, Botswana and Namibia of Acinonyx jubatus  

(2)  Hyaena hyaena  

(3)  Pteronura brasiliensis   

(4)  Pterodroma baraui 

(5)  Pterodroma cervicalis occulta  

(6)  Pterodroma hasitata  

(7)  Pterodroma madeira 

(8)  Pterodroma magentae 

(9)  Pterodroma incerta 

(10)  Pseudobulweria macgillivrayi 

(11)  Pseudobulweria aterrima 

(12)  Pseudobulweria becki 

(13)  Numenius phaeopus hudsonicus 

(14)  Limosa haemastica 

(15)  Tringa flavipes 

(16)  Alopias pelagicus 

(17)  Alopias superciliosus 

(18)  Alopias vulpinus 

(19)  Sphyrna lewini 

(20)  Sphyrna mokarran 

(2) 

to make the final position on the removal from Appendix I of the following species 
conditional on the availability of additional information and / or amendments to the 
proposal allowing to determine whether the criteria established in Article III(3) of the 
Convention are met: 

(1)  Cervus elaphus yarkandensis 

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(3) 

to support the addition to Appendix II of the following species: 

(1)  Populations of Zimbabwe, Botswana and Namibia of Acinonyx jubatus  

(2)  Hyaena hyaena  

(3)  Pteronura brasiliensis   

(4)  Populations of Australia and New Caledonia of Pterodroma leucoptera   

(5)  Pterodroma brevipes 

(6)  Pterodroma defilippiana    

(7)  Pterodroma longirostris  

(8)  Pterodroma cookii cookii  

(9)  Pterodroma cookii orientalis 

(10)  Pterodroma pycrofti   

(11)  Pterodroma axillaris  

(12)  Pterodroma neglecta juana  

(13)  Pterodroma arminjoniana  

(14)  Pterodroma alba   

(15)  Pterodroma cervicalis cervicalis 

(16)  Pterodroma externa 

(17)  Pterodroma feae 

(18)  Pterodroma deserta 

(19)  Ardenna carneipes 

(20)  Pseudobulweria rostrata 

(21)  Bubo scandiacus 

(22)  Sporophila iberaensis 

(23)  Mustelus schmitti 

(24)  Squatina guggenheim 

(25)  Pseudoplatystoma corruscans 

Article 2 

Minor technical changes to the positions set out in Article 1 may be agreed to without further 
decision of the Council. 

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

Done at Brussels, 

Article 3 

For the Council 
The President 

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