Select Committee on European Scrutiny Twenty-Third Report


CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES (CITES)


(21127)
7213/00
COM(00) 146

Draft Council Decision on the Community position to be adopted on
certain proposals submitted to the 11th meeting of the Conference of
the Parties to the Convention on International Trade in Endangered
Species of Wild Fauna and Flora (CITES), Gigiri, Kenya, 10-20 April
2000.


Legal base: Article 133 EC; qualified majority voting
Department: Environment, Transport and the Regions
Basis of consideration: Minister's letter of 19 June 2000
Previous Committee Report: HC 23-xviii (1999-2000), paragraph 12 (17 May 2000)
To be discussed in Council: See paragraph 7.2 below
Committee's assessment: Politically important
Committee's decision: Cleared (decision reported on 17 May 2000)

Background

  7.1  Although representation on the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) still rests with the Member States, the Commission takes the view that decisions taken under the Convention affect the implementation of the relevant Council Regulation, making it necessary to adopt a Community position on proposals submitted to the Convention. It therefore sought in this document to establish such a position before the 11th meeting of the Conference of the Parties held in April of this year. However, as we noted in our Report of 17 May 2000, this process was hindered by a number of factors. In part, this was because of the lack of prior availability of many of the documents for the Conference, but it also appeared that the Commission's own proposals were published too late to be considered properly by the Council beforehand, and that thereafter on one proposal at least a number of Member States then departed from the agreed Community line. Consequently, although we cleared the document on the basis that we had no difficulty with the substance of the Community position, we did ask the Government to comment both on the apparent procedural defects before the Conference and on the need for all Member States to adhere to the agreed position.

Minister's letter of 19 June 2000

  7.2  In his letter of 19 June 2000, the Parliamentary Under-Secretary of State at the Department of the Environment, Transport and the Regions (Mr Mullin) says that the Government shares our concerns. As regards the timing of decisions, he points out that last November the UK pushed for a meeting of Member States as soon as possible to agree a position, as a result of which the Commission agreed to convene a special meeting in January, where a broad consensus on most of the key issues was reached. However, he goes on to say that we had to accept that the final position could not be formalised until the Environment Council on 30 March, when one Member State insisted on re-opening the debate on one of the items. As a result, despite UK objections, the Council referred the whole Commission paper back to COREPER for further discussion, so that the Council conclusions were not finally agreed until the first day of the Conference on 10 April. The Minister acknowledges that such a late decision makes it difficult for us to perform our rôle, and he also observes that it reduces the opportunity for the Community as a whole to influence other CITES parties in the run-up to the Conference, and indeed at the meeting itself. He says that the Government will therefore be raising at the next Community meeting on CITES later this month the procedures for reaching a common position to try to ensure that such delays are avoided wherever possible in future.

  7.3  As regards the failure of some Member States to adhere to the agreed common position, the Minister says that this kind of behaviour brings the Community into disrepute, and undermines mutual confidence between Member States. He adds that, although the UK voted in accordance with the Community position, the vote in question was a secret ballot, and that it is thus not possible to be certain which Member States departed from that position. He says that the UK will be asking the Commission to investigate, and to advise how any repetition can be avoided, and he believes that several other Member States (and the Commission) share our concern.

Conclusion

  7.4  We are grateful to the Minister for this explanation, and are glad to note the action being taken to avoid a repetition of the two points to which we had earlier drawn attention.


 
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