Toelichting bij COM(2013)12 - Standpunt EU over de voorstellen voor de 16de bijeenkomst van de Conference of Parties bij de conventie over handel in bedreigde diersoorten (CITES), 3-4 maart 2013

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1. CONTEXT OF THE PROPOSAL

1. The 16th meeting of the Conference of the Parties (CoP 16) of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) will be held in Bangkok, Thailand, 3 -14 March 2013.

2. The text of the Convention was amended in 1983 to allow Regional Economic Integration Organisations such as the European Union to become a Party (the so-called Gaborone amendment). However, an insufficient number of Parties have ratified this amendment yet in order for it to come into effect.

3. In view of Union competence on trade and environment matters and of the effects of decisions taken by the Conference of the Parties on the implementation of Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein1, it is necessary to adopt a Union position on proposals submitted to the Conference.

4. Draft Resolutions and discussion papers on interpretation and implementation of the Convention and proposals to amend the appendices prepared by Member States or by the Commission were discussed by the Committee of Member States constituted under Council Regulation (EC) No 338/97 at a meeting on 24 September 2012. All proposals and working documents that were approved were subsequently submitted to the CITES Secretariat by the Presidency on behalf of the European Union Member States acting in the interest of the European Union. The proposals submitted concerned amendments to the Appendices of the Convention and a number of draft resolutions and decisions on matters of implementation. Furthermore, the Committee agreed for the EU to co-sponsor a Brazilian proposal for listing three hammerhead sharks (Sphyrna leweni, Sphyrna mokarran, Sphyrna zygaena) in CITES Appendix II.

5. On 8 November 2012, the Commission services held a consultation meeting with interested stakeholders at which those stakeholders were given an opportunity to set out their views on these issues. On 12 November 2012, the Commission services held an informal meeting with experts from the Member States to discuss the issues to be debated at the Conference of the Parties.

6. Some documents for the Conference were not available in sufficient time for the Commission to propose a Union position at the present time. The Commission therefore proposes that the position on these issues be established during CoP 16 in accordance with Article 2 of the draft Council Decision.

7. The agenda of the Conference falls into three parts: strategic and administrative matters, interpretation and implementation of the Convention and proposals to amend the Appendices. As the Union is not a Party to the Convention, the first part does not generally impact on Council Regulation (EC) No 338/97. The second part deals with questions of interpretation and implementation of the provisions of the Convention and is of considerable importance as those decisions affect the way the Convention is

OJ L 61,3.3.1997, p. 1.                                                            ^Sttïj?

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RESTREINT UE

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applied and thus might have an impact on the relevant Union legislation. The third part (amendment to the appendices of the Convention) has a direct impact on the levels of protection afforded to different species and will be implemented into the Union legislation.

8. There are two annexes to the proposed Council Decision. Annex I outlines the Union

position on the key issues listed above. Annex II contains proposed Union positions on Conference agenda items for which documents were available by 19 November 2012.

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