Explanatory Memorandum to COM(2013)867 - Accession of the EU to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2013)867 - Accession of the EU to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). |
|---|---|
| source | COM(2013)867  |
| date | 06-12-2013 |
The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) entered into force in 1975 and has now 178 Parties (including all EU Member States). Its aim is to ensure that international trade in specimens of wild animals and plants does not threaten their survival. It covers about 35 000 species, which are listed in three Appendices, according to the degree of protection they need. All import, export, re-export and introduction from the sea of species covered by the Convention has to be authorized through a licensing system.
The initial text of the Convention foresaw that CITES membership would be limited to States only. At the second extraordinary meeting of the Conference of the CITES Parties in Gaborone, Botswana, on 30 April 1983, an amendment to the Convention was agreed. It consists of the addition of five paragraphs (numbered from 2 to 6 below) to Article XXI as follows:
1. The present Convention shall be open indefinitely for accession. Instruments of accession shall be deposited with the Depositary Government
2. This Convention shall be open for accession by regional economic integration organizations constituted by sovereign States which have competence in respect of the negotiation, conclusion and implementation of international agreements in matters transferred to them by their Member States and covered by this Convention.
3. In their instruments of accession, such organization shall declare the extent of their competence with respect to the matters governed by the Convention. These organizations shall also inform the Depositary Government of any substantial modification in the extent of their competence. Notifications by regional economic integration organizations concerning their competence with respect to matters governed by this Convention and modifications thereto shall be distributed to the Parties by the Depositary Government.
4. In matters within their competence, such regional economic integration organizations shall exercise the rights and fulfil the obligations which this Convention attributes to their Member States, which are Parties to the Convention. In such cases the Member States of the organizations shall not be entitled to exercise such rights individually.
5. In the fields of their competence, regional economic integration organizations shall exercise their right to vote with a number of votes equal to the number of their Member States which are Parties to the Convention. Such organizations shall not exercise their right to vote if their Member States exercise theirs, and vice versa.
6. Any reference to 'Party' in the sense used in Article 1(h) of this Convention, to 'State'/"States" or to 'State Party'/State Parties" to the Convention shall be construed as including a reference to any regional economic integration organization having competence in respect of the negotiation, conclusion and application of international agreements in matters covered by this Convention.
This amendment (“the Gaborone amendment”) entered into force on 29 November 2013, after its ratification by two-thirds of the 80 countries that were Parties at the time of adoption of the amendment. The European Union has been to date an observer to CITES and the entry into force of the Gaborone amendment now allows the European Union to become a Party to CITES.
The matters covered by CITES relate to areas (protection of the environment, trade, internal market, customs) which are subject to Union law. CITES provisions have been implemented in a harmonized manner at EU level since 1984 and are now regulated through Council Regulation (EC) No 338/97 and various Commission Regulations (Commission Regulation (EC) No 865/2006, Commission Implementing Regulation (EU) No 792/2012 and Commission Implementing Regulation (EU) No 578/2013).
The accession of the European Union to CITES is a logical and necessary step to ensure that the European Union is fully able to pursue its objectives under its environmental policy.
The proposal for the Council Decision aims at approving the accession of the European Union to CITES and at calling upon the President of the Council to designate the person empowered to proceed, on behalf of the European Union, to the deposit of the instrument of accession as provided for in Article XXI of the Convention and of the declaration of competence provided for in Article XXI .
Contents
Not relevant.
CITES, like other Multilateral Environmental Agreements (MEAs) administered by UNEP, is financed through assessed contributions paid by all Parties and that are based on the UN Scale of Assessment adopted every three years by the General Assembly.
It is expected that for CITES as for other global MEAs, the CoP will decide that, following the accession of the European Union to CITES, the EU should pay 2.5% of the total amount of the CITES Trust fund annually.
The next CoP will only meet in 2016 but the EU will be expected to make a contribution in 2014 and 2015 (approximately EUR 112 000, 2.5% of the total amount of the CITES Trust fund for 2015), in line with the practice that Parties should contribute as soon as they accede.