CELEX: 52012PC0520
Language: en
Date: 2012-09-19
Title: 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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		52012PC0520
		
			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) /* COM/2012/0520 final - 2012/0249 (NLE) */
			
				
		
		
			
			   	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 birds[1] (Birds Directive), and Council
Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and
of wild fauna and flora[2]
(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:
1          Any
State may, at the time of signature or when depositing its instrument of
ratification, 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. 
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.
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)       The European Union is a
Party to the Convention on the Conservation of European Wildlife and Natural
Habitats (the Bern Convention).
(2)       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 birds[3], and Council Directive 92/43/EEC of 21 May 1992 on the conservation
of natural habitats and of wild fauna and flora[4].
(3)       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.
(4)       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.
(5)       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:
Article 1
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
Convention) shall be not to support the Swiss proposal for amending Article 22
of the said Convention.
Article 2
This Decision shall enter into force on the
day of its adoption.
Done at Brussels, 
                                                                       For
the Council
                                                                       The
President
[1]               OJ L 20 of 26.1.2010, p. 7.
[2]               OJ L 206 of 22.7.1992, p. 7.
[3]               OJ L 20 of 26.1.2010, p. 7.
[4]               OJ L 206 of 22.7.1992, p. 7.