CELEX: 52014PC0267
Language: en
Date: 2014-05-08
Title: 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 eleventh meeting of the Conference of the Parties

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		52014PC0267
		
			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 eleventh meeting of the Conference of the Parties /* COM/2014/0267 final - 2014/0139 (NLE) */
			
				
		
		
			
			   	EXPLANATORY MEMORANDUM
1. 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 1983[1].
2. 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.
3. 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.
4. 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.
5. The eleventh meeting of the Conference
of the Parties to the Convention will take place in Quito (Ecuador) from 4 to 9 November 2014. For this meeting, it is proposed that the Union makes a
proposal to amend Appendix I to the Convention to increase the protection of a
species of whales, namely the Mediterranean
subpopulation of Ziphius cavirostris, and the bird species Coracias
garrulus, 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. This proposal would not require any change in
Union law, as it concerns a species which already benefits from appropriate
protection under Union law, notably the Birds[2]
and Habitats Directives. [3]
6. For this meeting, it is furthermore
proposed that the Union makes a proposal to amend Appendix II to the Convention
to increase the protection of three species of thresher sharks, namely Alopias
superciliosus, Alopias vulpinus and Alopias pelagicus, 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. Without requiring any change in Union law, the proposal would provide
additional support for introducing collaborative management of these species
through the CMS itself and through possible inclusion of the species in the CMS
global Memorandum of Understanding (MoU) on the conservation of migratory
sharks, to which the Union is a Party. It would also complement and encourage
improved fisheries management efforts within the Regional Fisheries Management
Organisations.
7. 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 eleventh meeting of the Conference
of the Parties with regard to proposals for amendment.
8. The deadline for submitting proposals
for amendment has been fixed by the Secretariat of the Convention, in line with
Article XI (3), to be 6 June 2014.
9. Before the eleventh 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.
2014/0139 (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 eleventh 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)       As a Party to the
Convention on the conservation of migratory species of wild animals ("the
Convention") as approved by Council Decision 82/461/EEC[4], the Union may propose
amendments of the Appendices to the Convention which list the species to be
conserved.
(2)       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.
(3)       It appears that the
inclusion of the species Coracias garrulus and the Mediterranean
subpopulation of the species Ziphius cavirostris in Appendix I 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)       It appears that the
inclusion of the species Alopias superciliosus,
Alopias vulpinus and Alopias pelagicus 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.
(5)       With a view to the eleventh meeting of the Conference of the Parties which will take
place in Quito (Ecuador) from 4 to 9 November 2014, the
Union should propose an amendment to Appendix I to include the species Coracias
garrulus and the Mediterranean subpopulation of the species Ziphius cavirostris and an amendment to
Appendix II to include the species Alopias superciliosus, Alopias vulpinus and
Alopias pelagicus.
(6)       Those proposals should be
communicated to the Secretariat of the Convention,
HAS ADOPTED THIS DECISION:
Sole Article
With a view to the eleventh 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 I to the
Convention on the conservation of migratory species of wild animals to include the
species Coracias garrulus and the Mediterranean subpopulation of the species
Ziphius cavirostris and a
proposal for an amendment to Appendix II to the Convention to include the
species Alopias superciliosus, Alopias vulpinus and
Alopias pelagicus. 
The Commission shall communicate those
proposals to the Secretariat of the Convention.
Done at Brussels,
                                                                       For
the Council
                                                                       The
President
[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, 24.6.1982, p. 10.
[2]               Council Directive 79/409/EEC of 2 April 1979 on the
conservation of wild birds, OJ L 103, 25.4.1979, p. 1.
[3]               Council Directive 92/43/EEC of 21 May 1992 on
the conservation of natural habitats and of wild fauna and flora, OJ L 206,
22.7.1992, p. 7.
[4]               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).