Explanatory Memorandum to COM(2014)544 - EU position with regard to proposals for amendments to the Appendices of the Convention on the conservation of migratory species of wild animals

Please note

This page contains a limited version of this dossier in the EU Monitor.

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. Article III to the Convention stipulates that Appendix I shall list migratory species which are endangered and provides that 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 significantly benefit from the international cooperation that could be achieved by an international agreement.

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, the Union proposed to amend Appendix I to the Convention to add the Mediterranean subpopulation of Ziphius cavirostris, and the bird species Coracias garrulus, and to amend Appendix II to the Convention to add three species of thresher sharks, namely Alopias superciliosus, Alopias vulpinus and Alopias pelagicus.

6. Other Parties to the Convention have submitted proposals to amend Appendices I and II to the Convention for the species Ursus maritimus, all subspecies of the Panthera leo, Kobus kob, Eudorcas rufifrons, Otis tarda, Calidris pusilla, calidris tenuirostris, Cardellina canadiensis, Carcharhinus falciformis, Sphyrna lewini, Sphyrna mokarran, Anoxypristis cuspidate, Pristis clavata, Pristis pectinata, Pristis zijsron, Pristis pristis, Mobula mobular, Mobula japonica, Mobula thurstoni, Mobula tarapacana, Mobula eregoodootenkee, Mobula kuhlii, Mobula hypostoma, Mobula rochebrunei and Mobula munkiana, Manta alfredi and Anguilla Anguilla.

7. The Union should support all proposals because they are science-based, in line with Union legislation and with the Union's commitment to international cooperation for the protection of biodiversity. Adding these species to Appendix I or II to the Convention, as proposed, would not require any change in Union law;

8. 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.