Legal provisions of COM(2009)585 - EC position with regard to proposals for amending Annexes II and III to the Protocol concerning Specially Protected Areas and Biological Diversity in the Mediterranean (SPA/BD Protocol) of the Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean (Barcelona Convention) at the sixteenth meeting of the Contracting Parties - Main contents
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| dossier | COM(2009)585 - EC position with regard to proposals for amending Annexes II and III to the Protocol concerning Specially Protected Areas ... |
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| document | COM(2009)585  |
| date | October 26, 2009 |
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52009PC0585
Proposal for a Council Decision establishing the position to be adopted on behalf of the European Community with regard to proposals for amending Annexes II and III to the Protocol concerning Specially Protected Areas and Biological Diversity in the Mediterranean (SPA/BD Protocol) of the Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean (Barcelona Convention) at the sixteenth meeting of the Contracting Parties /* COM/2009/0585 final */
[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |
Brussels, 26.10.2009
COM(2009) 585 final
Proposal for a
COUNCIL DECISION
establishing the position to be adopted on behalf of the European Community with regard to proposals for amending Annexes II and III to the Protocol concerning Specially Protected Areas and Biological Diversity in the Mediterranean (SPA/BD Protocol) of the Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean (Barcelona Convention) at the sixteenth meeting of the Contracting Parties
EXPLANATORY MEMORANDUM
1. The Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean (Barcelona Convention) aims to prevent, abate, combat and to the fullest possible extent eliminate pollution of the Mediterranean Sea Area and to protect and enhance the marine environment in that area so as to contribute towards its sustainable development. It is an intergovernmental treaty adopted as a Regional Seas Programme under the aegis of the United Nations Environment Programme. Since 1977 the European Community has been a Party to the Barcelona Convention and in 1999 approved the Protocol concerning specially protected areas and biological diversity in the Mediterranean and the annexes thereto.
2. The meeting of the Contracting Parties is the decision-making body of the Convention with powers to adopt, review and amend as required the annexes to the Convention or to its protocols, on the basis of amendments proposed by Contracting Parties. A number of proposals have been made to amend Annexes II and III to the above-mentioned Protocol. These proposals were submitted for evaluation to the meeting of the National Focal Points held in Floriana (Malta) from 3 to 6 June 2009, with a view to being adopted at the sixteenth meeting of the Contracting Parties to the Barcelona Convention, which will take place in Marrakesh (Morocco) from 3 to 5 November 2009.
3. In accordance with Article 23 of the Convention, an amendment to the Annexes will become effective for all Contracting Parties on expiry of a period determined by the Contracting Parties concerned when adopting the amendment, except for those Contracting Parties which make a reservation. It is therefore necessary for the Council to take a decision based on Article 300(2), second subparagraph, of the EC Treaty, for the purpose of establishing the positions to be adopted on behalf of the Community at the sixteenth meeting of the Contracting Parties.
4. The proposals for amendments that have been tabled would not require any change in Community law. They do not conflict with the Birds and the Habitats Directives or the Common Fisheries Policy (CFP) . The Community should support these proposals on the basis of the following considerations: (1) they are scientifically sound; (2) for reasons of consistency between its internal and external action; and (3) the EC is committed to international cooperation for the protection of biodiversity, in accordance with both Article 5 of the UN Convention on Biological Diversity and the target agreed at the World Summit on Sustainable Development “to significantly reduce the current rate of biodiversity loss by 2010”.
Proposal for a
COUNCIL DECISION
establishing the position to be adopted on behalf of the European Community with regard to proposals for amending Annexes II and III to the Protocol concerning Specially Protected Areas and Biological Diversity in the Mediterranean (SPA/BD Protocol) of the Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean (Barcelona Convention) at the sixteenth meeting of the Contracting Parties
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 175(1), in conjunction with the second subparagraph of Article 300(2), thereof,
Having regard to the proposal from the Commission,
Whereas:
(1) The Community is a Contracting Party to the Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean (Barcelona Convention) and has approved the Protocol concerning specially protected areas and biological diversity in the Mediterranean and the annexes thereto.
(2) The meeting of the Contracting Parties is the decision-making body of the Convention, and the powers conferred upon it include the capacity to amend as required the annexes to the Convention and to its protocols.
(3) For the sixteenth meeting of the Contracting Parties, which will take place in Marrakesh (Morocco) from 3 to 5 November 2009, Contracting Parties have presented proposals to change the taxonomic name of certain species and to give protection to several additional species by amending Annexes II and III to the Protocol concerning Specially Protected Areas and Biological Diversity in the Mediterranean (SPA/BD Protocol) of the Convention.
(4) In accordance with Article 23 of the Convention, an amendment to the Annexes of the Protocol shall become effective for all Contracting Parties on expiry of a period determined by the Contracting Parties concerned when adopting the amendment, except for those Contracting Parties which notify in writing the Depositary.
(5) The proposals for amendments tabled would not require any change in Community law.
(6) The Community should support these proposals because they are scientifically sound, tie in with Community legislation and with the Community’s commitment to international cooperation for the protection of biodiversity, and are in accordance with both Article 5 of the UN Convention on Biological Diversity and the target agreed at the World Summit on Sustainable Development in 2002 to significantly reduce the current rate of biodiversity loss by 2010,
HAS DECIDED AS FOLLOWS:
Sole Article
At the sixteenth meeting of the Contracting Parties to the Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean (Barcelona Convention), the Commission shall present the following position of the Community at the voting on the proposals for giving protection to several species by amending Annexes II and III to the Protocol concerning Specially Protected Areas and Biological Diversity in the Mediterranean (SPA/BD Protocol) of that Convention:
5. the Commission is hereby authorised to support the modification of the denomination of certain species on the list of species of Annexes II and III to the Protocol, in accordance with the Annex to this Decision;
6. the Commission is hereby authorised to support the addition of the following species to Annex II:
7. Cymodocea nodosa (Ucria) Ascherson;
8. Cystoseira genus, except Cystoseira compressa
9. Fucus virsoides J. Agardh;
10. Gymnogongrus crenulatus (Turner) J. Agardh 1851;
11. Kallymenia spathulata (J. Agardh) Codomier ex P.G. Parkinson;
12. Sargassum acinarium (Linnaeus) Setchell;
13. Sargassum flavifolium Kützing;
14. Sargassum hornschuchii C. Agardh;
15. Sargassum trichocarpum J. Agardh;
16. Sphaerococcus rhizophylloides J.J. Rodríguez 1895;
17. Tenarea tortuosa (Esper) Lemoine 1910;
18. Titanoderma trochanter (Bory) Benhissoune, Boudouresque, Perret-Boudouresque et Verlaque;
19. Ceryle r. rudis (Linnaeus, 1758);
20. Charadrius. alexandrinus (Linnaeus, 1758);
21. Charadrius leschenaultii columbines (Lesson, 1826);
22. Halcyons. smyrnensis (Linnaeus, 1758);
23. Larus armenicus (Buturlin,1934);
24. Larus genei (Breme, 1839);
25. Larus melanocephalus (Temminck, 1820);
26. Sterna caspia (Pallas,1770);
27. Sterna nilotica (Gmelin, JF,1789);
28. Squatina spp: Squatina aculeata ( Dumeril, in Cuvier, 1817) , Squatina oculata ( Bonaparte, 1840) Squatina squatina (Linnaeus, 1758);
29. Pristis spp - Pristis pectinata (Latham, 1794); Pristis pristis (Linnaeus, 1758);
30. Oxynotus centrina (Linnaeus, 1758);
31. Carcharias taurus (Rafinesque, 1810);
32. Gymnura altavela (Linnaeus, 1758);
33. Dipturus batis (Linnaeus, 1758);
34. Rostroraja alba (Lacepède, 1803);
35. Odontaspis ferox (Risso, 1810);
36. Rhinobatos spp - Rhinobatos cemiculus (E. Geoffroy Saint-Hilaire, 1817); Rhinobatos rhinobatos (Linnaeus, 1758).
37. the Commission is hereby authorised to support the addition of the following species to Annex III:
38. Carcharhinus plumbeus (Nardo, 1827);
39. Squalus acanthias (Linnaeus, 1758);
40. Mustelus spp: Mustelus asterias (Cloquet, 1821), Mustelus mustelus (Linnaeus, 1758) Mustelus punctulatus (Risso, 1826);
41. Galeorhinus galeus (Linnaeus, 1758);
42. Alopias vulpinus (Bonnaterre, 1788);
43. Heptranchias perlo (Bonnaterre, 1788);
44. Centrophorus granulosus (Bloch & Schneider, 1801);
45. Leucoraja circularis (Couch, 1838);
46. Leucoraja melitensis (Clark, 1926);
47. Sphyrna spp : Sphyrna lewini (Griffith & Smith, 1834). Sphyrna mokarran (Rüppell, 1837) Sphyrna zygaena (Linnaeus 1758).