Considerations on COM(2008)711 - EC position with regard to proposals for amendments to the International Convention on the Regulation of Whaling and its Schedule - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2008)711 - EC position with regard to proposals for amendments to the International Convention on the Regulation of Whaling and its ... |
|---|---|
| document | COM(2008)711  |
| date | November 6, 2008 |
(2) Within the Community, Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora (the Habitats Directive) i lists all cetacean species as species of Community interest and requires Member States to maintain these species in, or restore them to, a favourable conservation status in those parts of their territory to which the Treaty applies. All cetaceans are listed in its Annex IV. Therefore, all whale species are strictly protected from deliberate disturbance, capture or killing within Community waters. The same Directive also prohibits the keeping, transport and sale or exchange, of specimens taken from the wild.
(3) Council Regulation 338/97/EC on the protection of species of wild fauna and flora by regulating trade therein,[13] implementing the provisions of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) in the EC, bans the introduction of cetaceans into the Community for primarily commercial purposes i.
(4) Whales are migratory species. Consequently, EC policies and legislation relating to whales will be more effective within Community waters if it is backed by coherent worldwide action.
(5) The International Whaling Commission (IWC) is the competent international organisation regarding the conservation and management of whale stocks at global level and was set up under the International Convention for the Regulation of Whaling (ICRW) signed in 1946. Membership of the IWC is only open to governments.21 Member States of the European Union are parties to the IWC i.The European Community has observer status at the IWC and it is represented by the Commission.
(6) Commercial whaling was suspended in 1986 as a result of a moratorium agreed by the majority of countries represented in the IWC. Leading pro-whaling States have consistently contested the moratorium and still carry out whaling for what they call scientific purposes or under other exceptions.
(7) At the 60th annual meeting of the IWC in Santiago de Chile in June 2008 an important process for determining a way forward for the IWC was launched. Member States should endeavour to participate constructively in all discussions taking account of the objective to ensure an effective international regulatory framework.
(8) The IWC works on the basis of a Schedule that governs the conduct of whaling throughout the world. The Schedule is annexed to the Convention and is defined as an integral part of it. It is binding on Parties and provides detailed whaling regulations with respect to the conservation and utilization of whale resources. Its provisions and amendments thereto are binding on Parties unless a Party formally objects to an amendment in accordance with Article V i of the ICRW.
(9) Proposals for decisions to amend the Schedule adopted within the IWC may have legal effects and affect the achievement of the objectives of Community policies and legislation in relation to cetaceans. Some of the proposals regularly put forward for decision at meetings of the IWC aim at authorising whaling activities, through the establishment of quotas and the application of management measures, or at the setting up of whale sanctuaries, and require the establishment of a Community position.
(10) With due regard to the essentially environmental objectives, which the European Community should pursue in relation to the IWC at this juncture, Article 37 of the Treaty is not proposed as part of the operational legal basis of this decision. This is without prejudice to the exclusive competence of the European Community in the field of the resources of the sea pursuant to the provisions of Article 3(1)( e ) in conjunction with Article 32 and Annex I of the Treaty and thus of all living aquatic resources under the Common Fisheries Policy pursuant to Council Regulation (EC) No 2371/2002 i.This shall not create a precedent for any future negotiations about the conservation and management of living aquatic resources falling under the said regulation.
(11) Member States have a duty of loyal cooperation under Article 10 of the EC Treaty and cannot take on obligations outside the framework of Community legislation which might affect Community rules or alter their scope.
(12) The Community being an observer at the IWC, the Community position in relation to matters within its competence should be decided by the Council and expressed by the Member States acting jointly in the interest of the Community.
(13) At IWC meetings the Community and the Member States should cooperate closely to ensure that any amendments to the ICRW and its Schedule are consistent with the objectives of Community policies and legislation on whales.
HAS DECIDED AS FOLLOWS:
Article 1
The position of the Community at the meetings of the International Whaling Commission (IWC) shall be in accordance with the Annex to this Decision and shall be expressed by the Member States acting jointly in the interest of the Community.
Article 2
Where the position referred to in Article 1 is likely to be affected by new scientific or technical information presented before or during the meetings of the IWC or where proposals are made on the spot on matters which are not yet the subject of a Community position, a position shall be established on the proposal concerned through co-ordination, including on the spot, before the proposal is put to a vote.
Done at
For the Council
The President […]
ANNEX
15. The overarching objective of the European Community in relation to the IWC is to ensure an effective international regulatory framework for the conservation and management of whales guaranteeing a significant improvement in the conservation status of whales in the long term and bringing all whaling operations under IWC control.
16. The Member States acting jointly in the interest of the Community shall take the following position on proposals for decisions by the IWC:
17. Support the maintenance of the moratorium on commercial whaling in the Schedule;
18. Oppose any proposals regarding new types of whaling, currently not envisaged in the Convention, that could undermine the maintenance of the moratorium on commercial whaling, unless such proposals would guarantee a significant improvement in the conservation status of whales in the long term and bring all whaling operations by IWC members under IWC control;
19. Support proposals for the creation of whale sanctuaries according to the IWC rules;
20. Support proposals for the management of aboriginal subsistence whaling, on the condition that the conservation of the relevant stocks is not compromised, having due regard to the precautionary principle and the advice of the Scientific Committee, and that whaling operations are properly regulated and catches remain within the scope of documented and recognised needs;
21. Support proposals aimed to end the conduct of 'scientific whaling' outside IWC control;
22. Oppose any proposals to amend the rules of procedure of the IWC to broaden the scope of secret ballot.