30 Conservation of wild migratory species
| Committee's assessment
| Legally important |
| Committee's decision | Cleared from scrutiny
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| Document details | Draft Council Decision establishing an EU position on amendments to the Appendices of the Convention of Migratory Species of Wild Animals
|
| Legal base | Article 192(1), in conjunction with Article 218(9), TFEU; QMV
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| Department | Environment, Food and Rural Affairs
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| Document number | (36296), 12755/14, COM(14) 544
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Summary and Committee's conclusions
30.1 The Convention on the Conservation of Migratory Species of
wild animals (CMS) seeks to conserve migratory species of wild
animals throughout their range, with species being afforded protection
through their listing in the relevant Appendices of the Convention.
Decisions as to whether species should be listed are made by the
Conference of the Parties, and this draft Council Decision would
establish an EU negotiating position at the next such meeting
on 4-9 November in response to proposals put forward by other
contracting parties for the listing of a large range of species.
30.2 In general, the Government is content with the listing proposals
as such, but it has drawn attention to the fact that five of these
relate to species which are not indigenous to the EU, and which
it therefore believes fall within Member State competence. Consequently,
it considers that they should be excluded from the draft Decision.
30.3 This document does not raise any significant policy issues,
but, as we have indicated, the Government has expressed concerns
that some of the species which it is proposed should be listed
are not indigenous to the EU and therefore a matter for national
competence. We support the Government's vigilance against competence
creep in this area of shared competence, and, although we see
no need to hold the document under scrutiny, we think it right
to draw those concerns to the attention of the House.
Full details of
the documents: Draft
Council Decision establishing a position to be adopted on behalf
of the European Union on the Conservation of Migratory Species
of Wild Animals for amendments to the Appendices of the Convention
at the eleventh meeting of the Conference of the Parties: (36296),
12755/14, COM(14) 544.
Background
30.4 The Convention on the Conservation of Migratory
Species of wild animals (CMS) is an intergovernmental treaty aimed
at conserving migratory species of wild animals throughout their
range. Species are afforded protection through their listing in
the Appendices of the Convention, Appendix I including endangered
species requiring a high level of protection and Appendix II those
which benefit from subsidiary agreements.
The current document
30.5 Decisions as to whether species should be listed
in the Appendices are made by the Conference of the Parties, and
this draft Decision — which is expected to be adopted by
the Council on 28 October — would establish an EU negotiating
position at the next such meeting on 4-9 November in response
to proposals put forward by other contracting parties for the
listing of a large range of species.
The Government's view
30.6 In his Explanatory Memorandum of 29 September
2014, the Parliamentary Under Secretary for Natural Environment
and Science at the Department for Environment, Food and Rural
Affairs (Lord de Mauley) says that, in three cases (including
the Polar bear), the Government does not believe that sufficient
evidence has been provided to support listing, and that the Commission
and Presidency have written to the CMS Secretariat requesting
further information.
30.7 However, the Minister also points out that an
EU position should only be agreed for proposals for which it has
competence namely, those listing species which are covered by
EU rules, or the listing of which affect EU rules or alter their
scope: where those conditions are not met, the UK's view is that
Member States retain competence, and that any common negotiating
position should be separate from a Council Decision. In this case,
he says that, although most of the proposals to amend the Appendices
to the Convention affect species which are covered by EU rules,
five[146] are not indigenous
to the EU. The UK therefore believes that the relevant listing
proposals fall within Member State competence, and should thus
be excluded from the draft Decision.
Previous Committee Reports
None.
146 White-eared Kob, Red-fronted Gazelle, Semipalmated
Sandpiper, Great Knot, and Canada Warbler. Back
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