Brussels, 9.9.2022

COM(2022) 451 final

Proposal for a

COUNCIL DECISION

on the position to be taken on behalf of the European Union at the 19th meeting of the Conference of the Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES CoP19)

(Panama City, Panama, 14 - 25 November 2022)


EXPLANATORY MEMORANDUM

1.Subject matter of the proposal

This proposal concerns the decision establishing the position to be taken on the Union's behalf at the 19th meeting of the Conference of the Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES CoP19) in connection with the envisaged adoption of decisions to, among other things, amend the Appendices of the Convention.

2.Context of the proposal

2.1.The Convention on International Trade in Endangered Species of Wild Fauna and Flora

The Convention on International Trade in Endangered Species of Wild Fauna and Flora (‘the Convention’ or CITES) aims to protect wild animals and plants from over-exploitation through international trade. The Convention entered into force on 1 July 1975.

The European Union and all its Member States are Parties to the Convention 1 .

2.2.The Conference of the Parties to the Convention

The Conference of the Parties (CoP) is the governing body of the Convention, established under Article XI of the Convention. The CoP meets every two to three years to review the implementation of the Convention. In particular, it considers and adopts proposals to amend the lists of species in Appendices I and II to the Convention. The CoP also considers discussion documents and reports from the Parties, the permanent committees, the Secretariat and working groups, and recommends measures to implement the Convention more effectively.

As far as possible, the CoP decides on proposals to amend Appendices I and II by consensus. If the CoP does not reach consensus, decisions are put to a vote and can be adopted by a two-thirds majority of representatives present and voting under Article XV(1)(b) of the Convention. Each Party has one vote, except regional economic integration organisations which, in the areas of their competence, have the right to vote with a number of votes equal to the number of their Member States which are Parties to the Convention’, under Article XXI(5) of the Convention. The Union and the Member States exercise their voting rights alternately, depending on the subject matter of the decision to be taken. On decisions to amend the Appendices, voting rights are exercised by the Union, given that the CITES Appendices are transposed into relevant Union legislation. 2

2.3.The expected decisions of the Conference of the Parties

Between 14 and 25 November 2022, during its 19th meeting, the Conference of the Parties is to decide on 52 proposals to amend the CITES Appendices (‘listing proposals’). The purpose of including particular species or groups of species in the Appendices is to monitor and regulate (Appendix II) or to generally prohibit (Appendix I) commercial trade in those species.

As integral parts of the Convention, the Appendices are legally binding. Under Article XV(1)(c) of the Convention, amendments decided by the CoP become applicable 90 days after the end of the CoP.

3.Position to be taken on the Union's behalf

As a Party to the Convention, the Union is to take a position on each of the listing proposals and on the numerous other draft decisions on the agenda of the CoP. The listing proposals – including those that were submitted by the Union itself – and the other proposed CoP decisions have been reviewed by experts from the Commission and the Member States, including as regards their potential impacts on relevant Union rules and policies. The position proposed by the Commission is based on these expert discussions, held in the context of relevant Commission expert groups.

The listing proposals and several of the other draft CoP decisions are liable to affect EU rules or alter their scope, mostly because they would entail amendments to relevant Union legislation and implementing rules. Changes to the Appendices of the Convention need to be reflected in the EU acquis, through corresponding changes to Council Regulation (EC) No 338/97 and, where relevant, implementing Regulations. This will result in the creation or removal of restrictions to trade from, into and within the EU for the species affected by these changes.

The Commission is in regular contact with stakeholders with an interest in matters covered by the Convention, such as environmental non-governmental organisations, representatives of business sectors engaged in the trade or use of wildlife products, and hunting or fishing organisations. On 15 July 2022, the Commission held a consultation meeting with interested stakeholders to obtain their views on the issues under discussion for CITES CoP19. The Commission has duly taken the input provided by stakeholders into consideration in developing the proposed Council Decision.

Further analyses of CoP proposals are carried out by the CITES Secretariat and by experts from specialised organisations such as the International Union for Conservation of Nature (IUCN), the wildlife trade monitoring network TRAFFIC, and the Food and Agriculture Organization’s (FAO) Expert Advisory Panel for the assessment of CITES species listing proposals. Most of these analyses were not available in time for the Commission's proposal; they should all be fully considered when the proposal is discussed with Member States in the Council.

Several working documents for CITES CoP19 were also not available in time for the Commission to propose a Union position now. The Commission therefore proposes that the positions on those issues be established during the discussions in the Council working group, or during the CoP meeting for documents that become available only then.

4.Legal basis

4.1.Procedural legal basis

4.1.1.Principles

Article 218(9) of the Treaty on the Functioning of the European Union (TFEU) provides for decisions establishing ‘the positions to be adopted on the Union’s behalf in a body set up by an agreement, when that body is called upon to adopt acts having legal effects, with the exception of acts supplementing or amending the institutional framework of the agreement’.

The concept of ‘acts having legal effects includes acts that have legal effects by virtue of the rules of international law governing the body in question. It also includes instruments that do not have a binding effect under international law, but that are ‘capable of decisively influencing the content of the legislation adopted by the EU legislature 3 .

4.1.2.Application to the present case

The Conference of the Parties is a body set up by an agreement, namely CITES.

Several of the acts which the CoP is called upon to adopt constitute acts with legal effects. The amended Appendices, being an integral part of the Convention, will be binding under international law. Some of the other CoP decisions will decisively influence the content of EU legislation, in particular Commission Regulation (EC) No 865/2006 4  and Commission Implementing Regulation (EU) No 792/2012 5 . This is because both acts are closely aligned with relevant rules for implementing the Convention as decided by the CoP.

The envisaged act does not supplement or amend the institutional framework of the Agreement.

Therefore, the procedural legal basis for the proposed decision is Article 218(9) TFEU.

4.2.Substantive legal basis

4.2.1.Principles

The substantive legal basis for a decision under Article 218(9) TFEU depends primarily on the objective and content of the envisaged act in respect of which a position is taken on the Union's behalf. If the envisaged act pursues two aims or has two components and if one of those aims or components is identifiable as the main one, while the other is merely incidental, the decision under Article 218(9) TFEU must be founded on a single substantive legal basis, namely that required by the main or predominant aim or component.

For an envisaged act that simultaneously pursues a number of objectives, or that has several components, which are inseparably linked without one being incidental to the other, the substantive legal basis of a decision under Article 218(9) TFEU will have to include, exceptionally, the various corresponding legal bases.

4.2.2.Application to the present case

The envisaged CoP decisions pursue objectives and have components in the areas of 'the environment' and 'trade'. These elements of the envisaged act are inseparably linked without one being incidental to the other.

Therefore, the substantive legal basis of the proposed decision comprises the following provisions: Articles 192(1) and 207(3) and (4) first subparagraph.

4.3.Conclusion

The legal basis of the proposed decision should be Articles 192(1) and 207(3) and (4) first subparagraph in conjunction with Article 218(9) TFEU.

Proposal for a

COUNCIL DECISION

on the position to be taken on behalf of the European Union at the 19th meeting of the Conference of the Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES CoP19)

(Panama City, Panama, 14 - 25 November 2022)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 192(1) and 207(3) and (4) first subparagraph, in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1)The Convention on International Trade in Endangered Species of Wild Fauna and Flora (‘the Convention’), to which the Union acceded by Council Decision (EU) 2015/451 of 6 March 2015 6 , entered into force on 1 July 1975.

(2)Pursuant to Article XI(3) of the Convention, the Conference of the Parties may, inter alia, adopt decisions to amend the Appendices to the Convention .

(3)The Conference of the Parties, during its 19th meeting from 14 to 25 November 2022, is to adopt decisions on 52 proposals to amend the Appendices to the Convention, as well as on numerous other matters related to implementation and interpretation of the Convention.

(4)It is appropriate to establish the position to be taken on the Union's behalf in the Conference of the Parties, as the amendments to the Appendices will be binding on the Union and several other decisions will be capable of decisively influencing the content of Union law. These include, in particular, Commission Regulation (EC) No 865/2006 laying down detailed rules concerning the implementation of Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein, and Commission Implementing Regulation (EU) No 792/2012 laying down rules for the design of permits, certificates and other documents provided for in Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein and amending Commission Regulation (EC) No 865/2006.

(5)The proposed position to be taken on the different proposals before the Conference of the Parties is based on expert analysis of their merits, taking into account the provisions of the Convention, in the light of the best available scientific evidence, as well as their consistency with relevant Union rules and policies.

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken on the Union's behalf at the 19th meeting of the Conference of the Parties (CoP) to the Convention on International Trade in Endangered Species of Wild Fauna and Flora is set out in the Annexes.

Article 2

Where the position referred to in Article 1 is likely to be affected by new scientific or technical information presented after the adoption of this Decision and before or during CITES CoP19, or where revised or new proposals are made at that meeting on which there is not yet a Union position, the Union position shall be developed by means of on-the-spot coordination before the Conference of the Parties is called to decide on those proposals. In such cases, the Union position shall be consistent with the principles laid down in the Annexes to this Decision.

Article 3

This Decision is addressed to the Commission.

Done at Brussels,

   For the Council

   The President

(1)    Council Decision (EU) 2015/451 of 6 March 2015 concerning the accession of the European Union to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), OJ L 75, 19.3.2015, pp. 1-3.
(2)    Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein, OJ L 61, 3.3.1997, p. 1, and relevant implementing acts.
(3)    Judgment of the Court of Justice of 7 October 2014, Germany v Council, C-399/12, ECLI:EU:C:2014:2258, paragraphs 61 to 64.
(4)    Commission Regulation (EC) No 865/2006 of 4 May 2006 laying down detailed rules concerning the implementation of Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein.
(5)    Commission Implementing Regulation (EU) No 792/2012 of 23 August 2012 laying down rules for the design of permits, certificates and other documents provided for in Council Regulation (EC) No 338/97 on the protection of species of wild fauna and flora by regulating trade therein and amending Commission Regulation (EC) No 865/2006.
(6)    OJ L 75, 19.3.2015, p. 1-3.

Brussels, 9.9.2022

COM(2022) 451 final

ANNEX

to the

Proposal for a COUNCIL DECISION

on the position to be taken on behalf of the European Union at the 19th meeting of the Conference of the Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES CoP19)







(Panama City, Panama, 14 - 25 November 2022)


ANNEX I

Union Position on key issues to be discussed at the 19th meeting of the Conference of the Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), Panama City, Panama, 14 - 25 November 2022

(Panama City, Panama, 14 - 25 November 2022)

A.General considerations

1.The Union considers CITES a key international convention for biodiversity conservation and against wildlife trafficking.

2.The Union should adopt an ambitious position for CITES CoP19, in line with relevant Union policies and international commitments, in particular the targets relating to wildlife under Sustainable Development Goal 15, the upcoming post-2020 Global Biodiversity Framework under the Convention on Biological Diversity , the CITES Strategic Vision and the UN General Assembly Resolution 75/311 on illicit trafficking in wildlife. The Union's position should also serve to attain the objectives set out at EU level through the Biodiversity strategy for 2030, the upcoming revision of the EU Action Plan against Wildlife Trafficking, the EU approach to promote trade and sustainable development, as reflected in the EU’s open, sustainable and assertive trade policy, and the European Green Deal.

3.The priorities for the Union at CITES CoP19 should be to:

·fully use the CITES instruments to regulate international trade in endangered animals and plant species which are subject to unsustainable levels of trade, pursuing a science-based approach;

·strengthen the response by the international community to wildlife trafficking; 

·ensure that the EU's status and rights as a Party to the Convention remain fully respected. The EU’s status and rights are solely set out in the text of CITES, including paragraphs 2 to 6 of Article XXI;

·ensure that proposals adopted are consistent with relevant Union rules and policies.

4.The Union's position should take account of the contribution that CITES mechanisms can make towards improving species' conservation status and acknowledge the work done by those countries that have implemented effective conservation measures. The Union should ensure that the decisions taken at CoP19 maximise the efficiency of CITES, by minimising unnecessary administrative burdens and by achieving practical, cost-effective and workable solutions to implementation and monitoring issues.

5.The CoP is the governing body of CITES and a number of decisions adopted at CITES CoP19 will be implemented by the Standing Committee, which is the main CoP subsidiary body. The Union's position for CITES CoP19 should therefore also guide the EU's approach at the 75th and 76th meetings of the Standing Committee, which take place directly before and after CoP19.

B.Specific issues

6.Fifty-two proposals for amending the CITES Appendices have been tabled for consideration at CITES CoP19. Thirteen of these proposals have been submitted by the Union as the main proponent or as co-proponent, and their adoption should naturally also be supported by the Union. The Union’s position on all proposals should be based on the conservation status of the relevant species and on the impact that trade has or would have on those species, in line with Resolution Conf. 9.24 on the criteria for amending of Appendices I and II. The views of the range States of the species concerned by the proposals should receive particular attention. The Union also considers that, as a general rule, support should be given to proposals to amend CITES Appendices where these are the result of the work by the CITES Animals and Plants Committees and the Standing Committee. The assessment of the proposals by the CITES Secretariat and IUCN/Traffic 1  and, for commercially exploited marine species, the assessment by the Food and Agriculture Organization’s (FAO) dedicated expert panel should also be taken into account when available.

7.As agreed upon in the Council Decision 2022/982 of 16 June 2022 2 , the Union advocates the inclusion of

Physignathus cocincinus (Chinese water dragon) in Appendix II 

Cuora galbinifrons (Indochinese box turtle) in Appendix I

Laotriton laoensis (Laos warty newt) in Appendix II)

Agalychnis lemur (Lemur leaf frog) in Appendix II) 

all species of Sphyrnidae spp. (Hammerhead sharks) not yet included in Appendix II in Appendix II

Thelenota ananas, T. anax, T. rubralineata (Sea cucumbers) in Appendix II

Khaya spp. (African mahogany) (Populations of Africa) in Appendix II with Annotation #17

Afzelia spp. (Pod mahogany) (Population of Africa) in Appendix II with Annotation #17

Dipteryx spp in Appendix II with Annotation #17 + seeds

Handroantus spp. (Trumpet tree), Tabebuia spp. and Roseodendron spp. in Appendix II with Annotation #17

Pterocarpus spp. (Padauk) (Populations of Africa) in Appendix II with Annotation #17 

Rhodiola spp. in CITES Appendix II with Annotation #2. 

The Union has also decided to co-sponsor the proposal by Panama to list Carcharhinidae spp. (Requiem sharks) in Appendix II.

8.The Union notes that considerable work has been done in recent years to build capacity for the implementation of CITES, not least with regard to marine species, including through the Union's financial support. The Union supports better coordination between CITES, regional fisheries management organisations and other relevant bodies, acting within their respective mandates, with the aim of improving governance and increasing complementarity. 

9.The Union notes an increased focus within CITES on timber species, as also reflected by the Union’s proposals to list additional tree species in CITES Appendix II at CoP19. CITES plays a very important role in the conservation of forests and the Union supports stronger and more consistent action between CITES and other forest-related organisations and processes.

10.The Union's position on proposals related to wildlife trafficking should reflect the EU’s comprehensive approach to preventing wildlife trafficking by addressing its root causes, strengthening legal and policy frameworks to address wildlife trafficking, enforcing existing rules effectively, and fostering global partnerships to address wildlife trafficking. 

11.Consistent with these priorities, the Union is supportive of better protection through CITES of species currently imported into the EU at unsustainable levels or illegally. The Union therefore supports the proposals to amend the Appendices in relation to various species of reptiles and amphibians, in particular several species of turtles that are imported to the EU as pets.

12.The Union should also encourage initiatives that contribute to increasing the capacities of relevant authorities, sharing information and best practices, aiming to better implement CITES and improve cooperation between source, transit and destination countries.

13.In this context the Union notes proposals that call for the creation of specific funds to benefit selected parties. The Union considers that new funds should only be created in duly justified cases, based on a thorough analysis of their feasibility and added value. Access to funding should not be limited to selected parties or groups of parties.

14.It is important for the Union to ensure that all resolutions, and annotations and reservations are uniformly understood and interpreted. As there are still high levels of elephant poaching and ivory trafficking, the Union should specifically promote the clarification of the rules on trade in live elephants, specifically Resolution Conf. 11.20 (Rev. CoP18) and Resolution Conf. 10.10 (Rev. CoP18). At the 74th meeting of the Standing Committee the Union and its Member States expressed their wish to create a common framework for trade in live African elephants, based on the CITES framework and on transparent and robust scientific scrutiny. Harmonising the conditions for trade in live African elephants and promoting actions that directly address the problem of illegal trade in elephants and ivory should be a priority for the Union for all CoP19 agenda items relating to elephants.

15.The Union notes that several proposals have been tabled by Parties in relation to legal trade in elephant ivory. International trade in ivory is currently banned under the CITES framework. The Union considers that the conditions for reauthorising this trade are not met and does not support proposals for CoP19 to re-open it. For domestic ivory markets, the Union should continue to support proportionate and effective measures based on the best available evidence, within the scope of the Convention.

16.The Union acknowledges that international trade in wildlife may pose a risk for the emergence of zoonotic diseases. CITES should play a role, in accordance with its mandate, in reducing potential risks to the health of animals and people. No organisation can address on its own the multiple challenges that could lead to the emergence and spread of wildlife-related diseases. The Union should therefore encourage CITES to continue strengthening their active collaboration with other intergovernmental organisations, including those involved in animal or public health, trade, food and transport, in line with the one health approach. The Union strongly supports the renewed commitment between the World Organisation for Animal Health and CITES to work together on animal health and welfare issues worldwide to safeguard biodiversity and protect animals.

17.The wildlife-trafficking crisis, combined with the extension of the scope of CITES to new species and Parties, means that more activities have been brought within the scope of the CITES umbrella in recent years and that the workload of the CITES Secretariat has increased considerably. The Union should take these developments into account when deciding on its priorities at CoP19 and on the future budget for the CITES Secretariat.

(1)    The International Union for Conservation of Nature (IUCN) and TRAFFIC are specialised in wildlife trade issues and provide a thorough assessment of proposals to amend CITES Appendices before each CoP.
(2)    https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=uriserv:OJ.L_.2022.167.01.0095.01.ENG

Brussels, 9.9.2022

COM(2022) 451 final

ANNEX

to the

Proposal for a COUNCIL DECISION

on the position to be taken on behalf of the European Union at the 19th meeting of the Conference of the Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES CoP19)




(Panama City, Panama, 14 - 25 November 2022)


Union Position on certain proposals submitted to the 19th meeting of the Conference of the Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)

(Panama City, Panama, 14 - 25 November 2022)

“+”

indicates a position in favour

“–“

indicates a position against

“0”

indicates an open position due to the lack of sufficient information to establish a position

“(+)”

indicates support conditional on the availability of additional information and/or amendments to the proposal

“(-)”

indicates opposition to be reconsidered if further supporting evidence is provided and/or the proposal is significantly amended

1.Working Documents

No.

Agenda item

Proponent 1

Comments

Position

Opening ceremony

No document

Welcoming addresses

No document

Administrative and financial matters

1.

Election of Chair and Vice-Chair of the meeting and of Chairs of Committees I and II

No document

2.

Adoption of the agenda

CoP19 Doc. 2

 Sec.

 

3.

Adoption of the working programme

CoP19 Doc. 3

 

 

4.

Rules of Procedure of the Conference of the Parties

 

 

 

4.1

Report of the Standing Committee CoP19 Doc. 4.1

SC

Support recommended amendments to Rule 7. Support recommended amendments to Rule 25.6 and stress the importance that any change in the voting order would need to be exceptional and duly justified by the Chair in the meeting. 

+

 

4.2

Proposed amendment to Rule 26

CoP19 Doc. 4.2

Botswana and Zimbabwe

Reject the proposal as it is contrary to article XV of the Convention, which implies one vote per party. This change would result in highly complicated negotiations before every vote.

-

5.

Credentials Committee

 

 

5.1

Establishment of the Credentials Committee

No document

 

5.2

Report of the Credentials Committee

No document

6.

Admission of observers

CoP19 Doc. 6

 

7.

Administration, finance and budget of the Secretariat and of meetings of the Conference of the Parties

 

 

7.1

Administration of the Secretariat
CoP19 Doc. 7.1

Sec.

 

7.2

Report of the Executive Director of UNEP on administrative and other matters

CoP19 Doc. 7.2

UNEP

 

 

7.3

Financial reports for 2020-2022
CoP19 Doc. 7.3

 

7.4

Budget and work programme for 2023 to 2025

CoP19 Doc. 7.4

 

7.5

Access to funding

CoP19 Doc. 7.5

 

7.6

Sponsored delegates project
CoP19 Doc. 7.6

Sec.

Support the proposal as the administrative work related to expanding the Programme to SC and Animals and Plants Committee will be a heavier burden for the Secretariat.

+

8.

Language strategy for the Convention
CoP19 Doc. 8

Document not available on time for analysis.

Strategic matters

9.

Committee reports and recommendations

 

 

 

9.1

Standing Committee

 

 

 

 

9.1.1

Report of the Chair
CoP19 Doc. 9.1.1

 

 

9.1.2

Election of new regional and alternate regional members

No documents

 

9.2

Animals Committee

 

 

 

9.2.1

Report of the Chair

CoP19 Doc. 9.2.1

AC

 

 

9.2.2

Election of new regional and alternate regional members

No documents

 

9.3

Plants Committee

 

 

 

9.3.1

Report of the Chair
CoP19 Doc. 9.3.1

PC

 

 

9.3.2

Election of new regional and alternate regional members

No documents

10.

CITES Strategic Vision 
CoP19 Doc. 10

SC

Support the set of decisions. The indicators might be further modified depending on the developments in the post-2020 Global Biodiversity Framework.

(+)

11.

Appendix-I listed species

CoP19 Doc. 11

AC, PC

Support the proposal, while remaining open to discussing adjustments to the proposed process if suggested by other Parties.

+

12.

World Wildlife Trade Report 
CoP19 Doc. 12

South Africa

The idea of the report and the intersessional working group is generally supported. However, there are still uncertainties in the proposal. Thereby, it can solely be supported if a process is started, through a set of decisions, to better define the report with the view to decide at CoP20, or if the proposal is improved during the CoP to provide more clarity on the content of the report.

(+)

13.

Engagement of indigenous peoples and local communities

CoP19 Doc. 13

SC

Support the recommendation to adopt the revised decisions contained in Annex 1 to the document.

+

14.

Livelihoods

CoP19 Doc. 14

SC

Support the adoption of the revised decisions and the deletion of Decisions 18.37 and 18.36.

+

15.

Participatory mechanisms for rural communities in CITES

CoP19 Doc. 15

Eswatini, Namibia and Zimbabwe

Oppose the proposals as a standalone document. While the topic is important, there are already two separate processes under CITES focusing on IPLC (see agenda points 13 and 14).

In order to be more efficient and to be consistent when it comes to engagement of indigenous peoples and local as well as rural communities, the proponents should align their proposal with the processes under agenda points 13 and 14, and submit it in the respective WG or both WGs, as appropriate, for consideration.

(-)

16.

Capacity building

CoP19 Doc. 16

SC

Support the draft resolution and the set of proposals to continue work on an integrated capacity-building framework. Some minor clarifications might be necessary in particular to clarify the scope of point 2 b in the draft resolution.

+

17.

Cooperation with organizations and multilateral environmental agreements

 

 

 

17.1

Cooperation with other biodiversity-related conventions 

CoP19 Doc. 17.1

SC

Support, as synergies among biodiversity MEAs should continue to be strengthened and it is appropriate for the SC to keep matters under review.

+

 

17.2

Cooperation with Global Strategy for Plant Conservation 
CoP19 Doc. 17.2

PC

Support new draft Decisions.

+

 

17.3

Cooperation with the Intergovernmental Science-Policy

Platform on Biodiversity and Ecosystem Services
CoP19 Doc. 17.3

SC

Support the draft decisions contained in the Annex I of the document.

+

17.4

Joint CITES-CMS African Carnivores Initiative

CoP19 Doc. 17.4

Sec.

Support this draft decision to convey relevant information to AC and to advise the Secretariat accordingly on African Carnivore Initiative, as suggested by AC and several observer organizations.

+

17.5

International Consortium on
Combating Wildlife Crime

CoP19 Doc. 17.5

Document not available on time for analysis.

18.

United Nations World Wildlife Day

CoP19 Doc. 18

Sec.

Support deletion of Decision 18.38 on World Wildlife Day as it has been implemented.

+

19.

CITES and forests

CoP19 Doc. 19

Sec.

Support proposal but some further assessment needed. Suggest the PC could be consulted on the terms of reference of the study (possibly through the chair to make the process simpler).

(+)

20.

Tree species programme

CoP19 Doc. 20

Sec.

Support the draft decisions and encourage all parties to build on the results of the EU-funded CITES Tree Species Programme and further contribute to the implementation of CITES regarding listed tree species.

+

21.

Review of the ETIS programme
CoP19 Doc. 21

SC

All recommendations can be supported. The EU has always been a strong supporter of the ETIS programme and should actively voice support.

+

22.

MIKE and ETIS programmes
CoP19 Doc. 22

SC

Support proposal, however, it should be emphasized that a stronger focus should be laid on the long-term financial viability of MIKE and ETIS.

+

23.

Role of CITES in reducing risk of future zoonotic disease emergence associated with international wildlife trade

CoP19 Doc. 23

 

23.1

Report of the Standing Committee
CoP19 Doc. 23.1

SC

Welcome the work done by the intersessional working group. Support the proposed decisions and the amendments to Resolution Conf. 10.21 (Rev. CoP16) on transport of live specimens.

+

 

23.2

One Health and CITES:

Human and animal health risks from wildlife trade
CoP19 Doc. 23.2

Côte d’Ivoire, Gabon, The Gambia, Liberia, Nigeria and Senegal

Support some of the elements in the draft resolution, such as the use of international definitions, cooperation with animal and public health authorities and suggest their integration in Doc 23.1.

Oppose the other elements that go beyond CITES remit or are unclear.

(-)

24.

Implications of the COVID‑19 pandemic on the implementation of the Convention

CoP19 Doc. 24

Sec.

Support the recommendations proposed by the Secretariat to ensure that CITES meetings and inter-sessional work can take place also when faced with exceptional operational issues.

+

25.

Action plan on gender-related matters
CoP19 Doc. 25

Panama

It is generally supported to explore and address gender related issues effectively. However, it should be defined beforehand what role and form an action plan in the context of CITES should take.

(+)

Interpretation and implementation matters

Existing Resolutions and Decisions

 

 

26.

Review of Resolutions 
CoP19 Doc. 26

Sec.

Support changes to the Resolutions and the deletion of Decision 14.81 if the relevant change to Resolution Conf. 14.8 (Rev. CoP17) is adopted.

+

27.

Review of Decisions

CoP19 Doc. 27

Document not available on time for analysis.

General compliance and enforcement

 

 

28.

National laws for implementation of the Convention

CoP19 Doc. 28

Sec.

Support adoption of the draft decisions contained in Annex 1 to document CoP18 Doc. 26, as well as deletion of Decisions 18.62-18.67.

+

29.

CITES compliance matters

29.1

Implementation of Article XIII and Resolution Conf. 14.3 (Rev. CoP18)

on CITES compliance procedures

CoP19 Doc. 29.1

Document not available on time for analysis.

29.2

Totoaba (Totoaba macdonaldi)

CoP19 Doc. 29.2

29.2.1

Report of the Secretariat

CoP19 Doc. 29.2.1

Document not available on time for analysis.

29.2.2

Renewed and updated Decisions for CoP19

CoP19 Doc. 29.2.2

United States of America

To be considered together with 29.2.1, which was not available on 22/07/2022.

29.3

Malagasy ebonies (Diospyros spp.) and palisanders and rosewoods
(Dalbergia spp.)

CoP19 Doc. 29.3

Sec. in consultation with the Chair of the SC

Support draft decisions; in particular, to Madagascar to secure all stockpiles and to Parties not to accept (re) exports for commercial purposes from Madagascar of specimens of Diospyros spp (#5) or Dalbergia spp (#15) until Madagascar has made a Legal Acquisition Finding and a Non-Detriment Finding for these species on a national level to the satisfaction of the Secretariat.

+

30.

Compliance Assistance Programme

CoP19 Doc. 30

 SC

Support the decisions on the implementation of the Compliance Assistance Programme. Request addition of preliminary budget and sources of funding.

+

31.

Country-wide Significant Trade Reviews CoP19 Doc. 31

SC, incorporates draft decisions proposed

by the Chairs of the AC and PC

Support, as an evaluation of whether the issues identified in the country-wide Review of Significant Trade for Madagascar are sufficiently addressed is needed.

+

32.

Review of Resolution Conf. 11.3 (Rev. CoP18) on Compliance and enforcement

CoP19 Doc. 32

SC

Support the adoption of the proposed amendments to Resolution Conf. 11.3 (Rev. CoP18).

+

33.

Enforcement matters

CoP19 Doc. 33

Sec.

Support the recommendations, stressing the importance of continuing to promote active enforcement of the Convention at national and international level which relies above all on sufficient capacity of enforcement institutions and the specialisation of their units.

+

34.

Annual illegal trade reports

CoP19 Doc. 34

Document not available on time for analysis.

35.

Task Force on illegal trade in specimens of CITES-listed tree species

CoP19 Doc. 35

SC

Support the recommendations: a) take note of the document, including the proposed amendment to draft decision 19.CC on Identification of timber and other wood products, as presented by the PC in document CoP19 Doc. 44,2; b) the deletion of Decisions 18.79 and 18.80 on enforcement.

+

36.

Wildlife crime enforcement support in West and Central Africa

 

36.1

Report of the Standing Committee

CoP19 Doc. 36.1

SC

Support the proposed decisions. Encourage Parties in West and Central Africa to make efforts to strengthen CITES implementation and enforcement. Encourage other Parties, governmental, intergovernmental and non-governmental organizations and interested stakeholders to provide support to these subregion.

+

 

36.2

Wildlife crime and CITES enforcement support

in West and Central Africa

CoP19 Doc. 36.2

Côte d'Ivoire, The Gambia, Liberia, Nigeria and Senegal

General support to the idea but disagree with prioritization of one region. The possible fund should be open to all Parties. It must be evaluated whether other options exist to address the issues more quickly. Agree in principle with draft decisions 19.CC and 19.DD, which however need clarification. Disagree with 19.EE - CITES Secretariat should not be involved in fundraising for meetings organised by other organisations.

Not object to establishment of inter-sessional WG if ECOWAS countries find it useful and desirable.

0

37.

Wildlife crime linked to the Internet

CoP19 Doc. 37

Sec.

Support the changes to Resolution Conf. 11.3 (Rev. CoP18) and the draft Decisions. Suggest that together with best practices, also “national laws” in place by Parties should be identified (addition to the proposed Decision 19.AA).

+

38.

Demand reduction to combat illegal trade

CoP19 Doc. 38

SC

Support the adoption of the guidance at CoP19. Support also the adoption of draft decisions and amendments of Resolution Conf. 17.4 to improve the availability of the guidance to Parties in all CITES languages and encourage Parties to use it.

+

39.

Domestic markets for frequently illegally traded specimens

CoP19 Doc. 39

SC

Support the recommendations.

+

Regulation of trade

 

 

40.

Guidance for making legal acquisition findings

CoP19 Doc. 40

SC

EU position will be developed after the planned workshop on Legal Acquisition Findings has taken place (August 2022), and once the updated document becomes available.

41.

Electronic systems and information technologies and Authentication and control of permits

CoP19 Doc. 41

SC

Support the conclusion of the study on permit authentication and control. Support the proposed amendments to Resolution Conf. 12.3 (Rev. CoP18) on permits and certificates with the suggestion to take more into account systems organised over a hub architecture. Support for the proposed amendments to resolution Conf.11.3 (Rev. COP18) on compliance and enforcement in particular to allow customs to access information in permitting databases of Management Authorities.

(+)

42.

Purpose codes on CITES permits and certificates

CoP19 Doc. 42

SC

Agree with suggested amendments to the relevant resolutions and support the adoption of the proposed draft decisions to re-establish an intersessional joint working group to further review the use of purpose of transaction codes by Parties and among others to continue the discussions on purpose codes P and T.

+

43.

Non-detriment findings

 

43.1

Report of the Animals and Plants Committees

CoP19 Doc. 43.1

AC, PC

Support the draft decisions agreed at AC31 and PC25.

+

43.2

Making non-detriment findings for specimens of Appendix-II species taken in the marine environment not under the jurisdiction of any State

CoP19 Doc. 43.2

United Kingdom of Great Britain and Northern Ireland

Support the draft decisions, as they align with the ongoing initiative to strengthen synergies between CITES and fisheries with a view to improving the conservation of CITES-listed and threatened sharks and rays.

+

44.

Identification materials

 

 

 

44.1

Review of Resolution Conf. 11.19 (Rev. CoP16)

CoP19 Doc. 44.1

SC

Support the recommendations.

+

44.2

Identification of timber and other wood products

CoP19 Doc. 44.2

PC

Support draft decisions as a lot of information have been collected over the years and putting them together would be useful.

+

45.

Labelling system for trade in caviar

CoP19 Doc. 45

 SC

Support draft decisions proposed and the deletion of decision 18.146.

Suggest the establishment of an intersessional WG of the SC that can start its work once the analysis and recommendations of the Secretariat are available.

46.

Trade in stony corals

CoP19 Doc. 46

European Union and its Member States

Document submitted by the EU and its Member States.

+

47.

Specimens produced through biotechnology

CoP19 Doc. 47

SC, Sec.

Support the recommendations, especially for a specialist meeting to develop clarity around definitions and conservation issues.

+

48.

Definition of the term 'appropriate and acceptable destinations'

CoP19 Doc. 48

SC

Support approval of both non-binding guidance documents.

Support draft decision in Annex 3.

+

49.

Introduction from the sea

CoP19 Doc. 49

SC

Support the proposed decisions.

+

50.

Disposal of confiscated specimens

CoP19 Doc. 50

SC

Support the proposed draft CoP19 decisions as recommended by the SC74 and deletion Decisions 18.159 to 18.164.

+

51.

Quotas for leopard (Panthera pardus) hunting trophies

CoP19 Doc. 51

SC

Support amending paragraph 1 a) of Resolution Conf. 10.14 (Rev. CoP16).

+

52.

Transport of live specimens:

improving implementation of the transport regulations

CoP19 Doc. 52

Canada, Côte d'Ivoire, Kenya, Mexico, Nigeria, Senegal and the United States of America

Support the proposed decisions and the changes in the resolutions, especially with regard to the access to IATA Regulations. Clarify the purpose of the first (minor) change in Res. Conf 10.21 (inclusion of “regardless of the method of transport”).

+

Exemptions and special trade provisions

 

 

 

53.

Review of CITES provisions related to trade in specimens of animals

and plants not of wild source

CoP19 Doc. 53

SC

Support the continuation of the intersessional WG because the issues addressed are complex and there was not enough time to discuss all the points in the mandate.

+

54.

Review of the provisions of Resolution Conf. 17.7 on Review of trade

in animal specimens reported as produced in captivity

CoP19 Doc. 54

Sec. on behalf of the SC and in consultation with the Chair of the AC.

General support but more work is needed to scrutinise the wording of the amendments of the Resolution and the draft decisions and their impact.

(+)

55.

Registration of operations that breed

Appendix-I animal species in captivity for commercial purposes

CoP19 Doc. 55

United States of America

General support for the proposal as suggested changes could be useful, however further scrutiny is necessary.

(+)

56.

Guidance on the term ‘artificially propagated

CoP19 Doc. 56

PC

Support proposal, however, questions regarding agarwood, the use of source code Y, and other issues remain to be clarified.

(+)

57.

Specimens grown from wild-collected seeds or spores that are deemed to be artificially propagated

CoP19 Doc. 57

PC in consultation with the Chair of the SC

Support deletion of Decisions 18.179 - 18.181 as work is completed.

+

Species specific matters

58.

West African vultures (Accipitridae spp.)

CoP19 Doc. 58

SC in consultation with the Sec.

Agree to adopt draft Decisions 19.AA to 19.FF replacing Decisions 18.186 to 18.192.

+

59.

Illegal trade in cheetahs 
(Acinonyx jubatus)

CoP19 Doc. 59

Ethiopia

Support the recommendations as there is the need to clarify the task of the Big Cat Task Force and the implicated range, transit and destination countries to make further progress.

+

60.

Conservation of amphibians 
(Amphibia spp.)

CoP19 Doc. 60

AC

Support the recommendations as a sufficient data on amphibian species in international trade has not been collected.

+

61.

Eels
(Anguilla spp.)

CoP19 Doc. 61

SC in consultation with the Chair of the AC

Support the recommendations of the SC to adopt the draft decisions 19.AA to 19.DD presented in Annex 1.

+

62.

Agarwood-producing taxa

(Aquilaria spp. and Gyrinops spp.)

 

 

62.1

Report of the Plants Committee

CoP19 Doc. 62.1

 PC

Support the draft Decision. However, make clear that Res. 10.13 on Implementation of the Convention for tree species and other potential Resolutions must not be weakened regarding definitions and specifications of artificial propagation.

+

 

62.2

The history and challenges of agarwood and CITES

CoP19 Doc. 62.2

United Kingdom of Great Britain and Northern Ireland. 

Support after clarifying who is meant to coordinate the proposed studies.

(+)

63.

Boswellia trees 
(Boswellia spp.)

CoP19 Doc. 63

PC

Support. The Draft Decisions provide a reasonable way forward to close gaps in knowledge and for potential future listing proposals by parties.

+

64.

Marine turtles
(Cheloniidae spp. and
Dermochelyidae spp.)

 

 

 

64.1

Report of the Secretariat and of the Standing Committee

CoP19 Doc. 64.1

SC, Sec.

Support. Two marine turtle species are critically endangered, one is endangered, and all assessments of the IUCN predict a negative population trend. Increased efforts are needed to prevent the further decline and extinction.

+

64.2

Conservation of marine turtles

CoP19 Doc. 64.2

Brazil, Colombia, Costa Rica, Peru and the United States of America

More analysis needed to understand the need for a new resolution. It should be considered if some elements can be added into the renewed decisions about marine turtles.

0

65.

Sharks and rays 
(Elasmobranchii spp.)

CoP19 Doc. 65

SC, AC, in consultation

with the Sec. and the AC

Support the recommendations of the Standing Committee and the Animals Committee to adopt the draft decisions 19.AA to 19.FF contained in Annex 4 of the document.

+

66.

Elephants (Elephantidae spp.)

 

66.1

Implementation of Resolution Conf. 10.10 (Rev. CoP18) on Trade in elephant specimens

CoP19 Doc. 66.1

Sec. at the request of the SC

Support the set of decisions in Annex 1 to Annex 4 of the document related to closure of domestic ivory markets, trade in mammoth ivory, trade in Asian elephants, stocks and stockpiles of elephant ivory and the implementation of the National Ivory Action Plan process.

+

66.2

Ivory stockpiles

66.2.1

Ivory stockpiles:

implementation of Resolution Conf. 10.10 (Rev. CoP18) on Trade in elephant specimens

CoP19 Doc. 66.2.1

Benin, Burkina Faso, Equatorial Guinea, Ethiopia, Gabon, Kenya,

Liberia, Niger, Senegal and Togo

Acknowledge the need for proper reporting but of the opinion that suggested new draft decisions contained in Annex 4 of CoP19 Doc. 66.1 are sufficient.

0

66.2.2

Establishing a fund accessible to range States

upon non-commercial disposal of ivory stockpiles

CoP19 Doc. 66.2.2

Kenya

Further assessment is required. The opinion of range states – those affected most by the proposal – is unclear. Non-commercial disposal of ivory is generally supported but it is questionable whether an institutionalised funding process is necessary to support one of the disposal methods for just one type of specimens seized.

0

66.3

Implementing aspects of Resolution Conf. 10.10 (Rev. CoP18)

on the closure of domestic ivory markets

CoP19 Doc. 66.3

Benin, Burkina Faso, Equatorial Guinea, Ethiopia, Gabon, Liberia,

Niger, Senegal and Togo

Support the draft resolution.

+

66.4

Trade in live African elephants

66.4.1

International trade in live African elephant specimens: Proposed revision to Resolution Conf. 10.10 (Rev. CoP18)

on Trade in elephant specimens

CoP19 Doc. 66.4.1

Benin, Burkina Faso, Equatorial Guinea, Ethiopia, Liberia, Niger,

Senegal and Togo

Oppose. A broader solution needs to be found on these different elements (interpretation of annotation 2, specific rules related to trade in live African elephants that consider exceptional ex situ transfers as well as the non-binding guidance on “housing and care” as well as “in situ conservation benefits”). The purpose of this document corresponds with the objective shared by the EU (see doc. 66.4.2) which is to restrict trade in live elephants to in situ conservation programmes with only limited exceptions, and be open to discussing the way forward with the proponents to achieve the objective.

(-)

66.4.2

Clarifying the framework:

Proposal of the European Union.

CoP19 Doc. 66.4.2

European Union and its Member States

Document submitted by the EU and its Member States.

+

66.5

Report on Monitoring the Illegal Killing of Elephants (MIKE)

CoP19 Doc. 66.5

Sec.

No decision needed.

66.6

Report on the Elephant Trade Information System (ETIS)

CoP19 Doc. 66.6

Sec.

Further analysis needed on the impact of the change in the submission date.

0

66.7

Review of the National Ivory Action Plan process

CoP19 Doc. 66.7

Malawi, Senegal and the United States of America

The EU should support the review process provided that it is focused on the specific issues that have been identified in the document (mainly reporting issues), not on the whole process.

(+)

67.

CITES Big Cats Task Force (Felidae spp.)

CoP19 Doc. 67

SC

Support the proposed draft decisions on revised terms of reference and modus operandi for the CITES Big Cats Task Force as agreed at the SC74 and the deletion of Decisions 18.245 and 18.248

+

68.

Asian big cats (Felidae spp.)

CoP19 Doc. 68

 

Document not available on time for analysis.

69.

Seahorses (Hippocampus spp.)

 

69.1

Report of the Standing Committee

CoP19 Doc. 69.1

SC

Support the recommendations of the Standing Committee to adopt the draft decisions 19.AA to 19.CC contained in Annex 1 of the document.

+

 

69.2

Next steps towards the successful implementation of the Appendix-II listing for seahorses

CoP19 Doc. 69.2

Maldives, Monaco, Nigeria, Peru, Senegal, Sri Lanka, Togo, the United Kingdom of Great Britain and Northern Ireland and the United States of America

The proposals need to be analysed further, more information is needed.

0

70.

Rosewood timber species 
[Leguminosae (Fabaceae)]

CoP19 Doc. 70

PC

Support the draft decisions as agreed by the Plants Committee on Rosewood Tree.

+

71.

Pangolins
(Manis spp.)

71.1

Report of the Standing Committee

and the Animals Committee

CoP19 Doc. 71.1

SC in consultation with the Chair of the AC

Support the recommendations, however additional points raised in doc. 71.2 could be added.

+

71.2

Proposed amendments to Resolution Conf. 17.10

CoP19 Doc. 71.2

United Kingdom of Great Britain and Northern Ireland

Support the proposed amendments as further action is needed to prevent illegal trade in pangolins.

+

72.

African lions
(Panthera leo)
CoP19 Doc. 72

Sec. in consultation with the Chair of the SC

Support the suggestion of the AC, for further intersessional work on African lions (Panthera leo) and the adoption of a new Decision.

+

73.

Jaguars 
(Panthera onca)

73.1

Report of the
Standing Committee

CoP19 Doc. 73.1

SC

Support the Implementation of Decision 18.251 and 18.253 recommended by the SC and adopt the draft decisions on jaguars in Annex 1 to the present document.

+

 

73.2

Proposed amendments to the draft decisions

on jaguars agreed at SC74

CoP19 Doc. 73.2

Costa Rica, El Salvador, Mexico and Peru

Support in principle the proposed amendments to the decisions of the 74th meeting of the Standing Committee shown in the Annex to this document but further information and discussion is needed to ensure the best framework for an effective actions related to jaguars.

Oppose the creation of the new working group as jaguar is a priority species of the CITES Big Cats Task Force. Establishing another intersessional working group on Jaguar duplicates the work.

0

74.

Songbird trade and conservation management
(Passeriformes spp.)

CoP19 Doc. 74

AC

Support the recommendations of the Animals Committee to renew Decisions 18.256 to 18.259 on Songbird trade and conservation management (Passeriformes spp.) as funding became available.

+

75.

Rhinoceroses
(Rhinocerotidae spp.)

CoP19 Doc. 75

Document not available on time for analysis.

76.

Saiga antelope 
(Saiga spp.)

CoP19 Doc. 76

SC.

Support decisions proposed by AC as amended by the Secretariat.

+

77.

Queen conch 
(Strombus gigas)

CoP19 Doc. 77

Sec.

Support the draft decisions 19.AA to 19.DD in the Annex 1 to the present document and deleting Decisions 18.275 to 18.280.

+

78.

Tortoises and freshwater turtles 
(Testudines spp.)

CoP19 Doc. 78

Sec.

Agree that Decisions 18.286 to 18.291 have been implemented and may be deleted. Propose a follow up Decision which requests Madagascar to present a comprehensive conservation strategy for its threatened turtle species.

+

79.

African tree species

CoP19 Doc. 79

PC

Support. Updating the list of African tree species and the related CITES processes contained in the Annex to document PC25 Doc. 28 is a necessary step.

+

80.

Marine ornamental fishes

CoP19 Doc. 80

AC

 Support to adopt the draft decisions 19.AA to 19.BB in the Annex 1 to the present document and delete Decisions 18.263 to 18.265.

 +

81.

Neotropical tree species

CoP19 Doc. 81

PC

Support. Updating the list of neotropical tree species and the related CITES processes included in the Annex to document PC25 Doc. 29 is a necessary step.

+

82.

Trade in medicinal and aromatic plant species

CoP19 Doc. 82

PC

Support, however, emphasize that a potential new Resolution should not be limited to medicinal products, but should incorporate all types of products that contain specimens of medicinal and aromatic plant species.

+

83.

Identifying species at risk of extinction for CITES Parties

CoP19 Doc. 83

The Gambia, Liberia, Nigeria and Senegal

Oppose the establishment of a new database, as the existing IUCN Red List is a sufficient basis for assessment.

-

Maintenance of the Appendices

 

 

84.

Standard nomenclature 

 

84.1

Report of the Animals and Plants Committees

CoP19 Doc. 84.1

AC, prepared by the AC respective

specialists on nomenclature

Support the adoption of the proposed Decisions and the renewal of Decisions from CoP18 as outlined in Doc. 84.1 and support the adoption of the revised Resolution Conf. 12.11 (Rev. CoP18) with respect to both Flora and Fauna.

+

84.2

Standard nomenclature for 
Dipteryx spp.

CoP19 Doc. 84.2

European Union and its Member States

Document submitted by the EU and its Member States.

+

84.3

Standard nomenclature for
Khaya spp.

CoP19 Doc. 84.3

European Union and its Member States

Document submitted by the EU and its Member States.

+

 

84.4

Standard nomenclature for
Rhodiola spp.

CoP19 Doc. 84.4

European Union and its Member States

Document submitted by the EU and its Member States.

+

85.

Annotations

85.1

Report of the Standing Committee

CoP19 Doc. 85.1

Support to the document which was presented by the SC, and support the re-establishment of the Working Group.

+

85.2

Information system for trade in

specimens of CITES-listed
tree species

CoP19 Doc. 85.2

Support, as it is important to identify and build on existing work.

+

85.3

Informal review mechanism of existing and proposed annotations

CoP19 Doc. 85.3

Support the proposed decision related to the informal review mechanism for existing and proposed annotations.

+

86.

Products containing specimens of Appendix-II orchids

CoP19 Doc. 86

SC

Support draft decisions and deletion of Decisions 18.327 to 18.330.

+

87.

Amendments to Resolution Conf. 9.24 (Rev. CoP17)

87.1

Proposed amendments to Resolution Conf. 9.24 (Rev. CoP17)

CoP19 Doc. 87.1

Eswatini

This proposal requires further assessment. Certain elements are strong, however draft resolution requires clarification and needs partial reformulation.

(-)

87.2

Aquatic species listed in the CITES Appendices:

proposals for a new approach to the listing of sharks and rays

CoP19 Doc. 87.2

Document not available on time for analysis.

88.

Reservations entered after the 18th meeting of the Conference of the Parties

CoP19 Doc. 88

Document not available on time for analysis.

Proposals to amend the Appendices

89.

Proposals to amend Appendices I and II

 

Listing proposals are addressed in Part 2 of this document, below.

89.1

Secretariat’s assessment of the proposals to amend Appendices I and II

CoP19 Doc. 89.1

Document not available on time for analysis.

89.2

Comments from Parties

CoP19 Doc. 89.2

Document not available on time for analysis.

89.3

Comments from statutory consultees

CoP19 Doc. 89.3

Document not available on time for analysis.

Conclusion of the meeting

90.

Determination of the time and venue of the next regular meeting of the Conference of the Parties

 No document

91.

Closing remarks (Observers, Parties, CITES Secretary-General, Host Government)

 No document



2.Listing Proposals

No.

Taxon / Detail

Proposal

Proponent

Comments

Position

FAUNA - MAMMALIA

1.

Hippopotamus amphibious
(Hippopotamus)

II – I

Transfer from Appendix II to Appendix I

Benin, Burkina Faso, Central African Republic, Gabon, Guinea, Liberia, Mali, Niger, Senegal, Togo

Oppose. The population does not meet Appendix I listing criteria.

-

2.

Ceratotherium simum simum
(Southern white or southern square-lipped rhinoceros) (population of Namibia)

I – II

Transfer population of Namibia from App. I to App. II with the following annotation:

For the exclusive purpose of allowing international trade in:

a) live animals for in-situ conservation only; and

b) hunting trophies.

All other specimens shall be deemed to be specimens of species included in Appendix I and the trade in them shall be regulated accordingly.

Botswana,
Namibia

Biological criteria for downlisting seem to be met. Given the restricted downlisting, the precautionary measures also seem to be met. However, data on reproduction, population structure, effective population size are missing, which hinders a final assessment.

0

3.

Ceratotherium simum simum (Southern white or southern square-lipped rhinoceros) (population of Eswatini)

Remove the existing annotation on the Appendix II listing of Eswatini’s population

Eswatini

Oppose. The population continues to meet App. II listing criteria, but removal of the annotation as proposed would not meet the precautionary safeguards set out in Para A. 2. a) in Annex 4 of Res. Conf. 9.24. Resumption of rhino horn trade would send a wrong signal at this point in time, given the high level of poaching and illegal trade. It would also undermine demand reduction action by many Parties for this species.

-

4.

Loxodonta
a
fricana
(African elephant) (populations of Botswana, Namibia, South Africa and Zimbabwe)

Amend Annotation 2 pertaining to the populations of Botswana, Namibia, South Africa and Zimbabwe

Proposed amendments are shown in strike through:

For the exclusive purpose of allowing:

a) trade in hunting trophies for non-commercial purposes

b) trade in live animals to appropriate and acceptable destinations, as defined in Resolution Conf. 11.20 (Rev. CoP17), for Botswana and Zimbabwe and for in situ conservation programmes for Namibia and South Africa;

c) trade in hides;

d) trade in hair;

e) trade in leather goods for commercial or non-commercial purposes for Botswana, Namibia, South Africa and Zimbabwe and for non-commercial purposes for Zimbabwe;

f) trade in individually marked and certified ekipas incorporated in finished jewellery for non-commercial purposes for Namibia and ivory carvings for non-commercial purposes for Zimbabwe;

g) trade in registered raw ivory (for Botswana, Namibia, South Africa and Zimbabwe, whole tusks, and pieces) subject to the following:

i) only registered government-owned stocks, originating in the State (excluding seized ivory and ivory of unknown origin);

ii) only to trading partners that have been verified by the Secretariat, in consultation with the Standing Committee, to have sufficient national legislation and domestic trade controls to ensure that the imported ivory will not be re-exported and will be managed in accordance with all requirements of Resolution Conf. 10.10 (Rev. CoP17) concerning domestic manufacturing and trade;

iii) not before the Secretariat has verified the prospective importing countries and the registered government-owned stocks;

iv) raw ivory pursuant to the conditional sale of registered government-owned ivory stocks agreed at CoP12, which are 20,000 kg (Botswana), 10,000 kg (Namibia) and 30,000 kg (South Africa);

v) in addition to the quantities agreed at CoP12, government-owned ivory from Botswana, Namibia, South Africa and Zimbabwe registered by 31 January 2007 and verified by the Secretariat may be traded and despatched, with the ivory in paragraph (g) iv) above, in a single sale per destination under strict supervision of the Secretariat;

vi) the proceeds of the trade are used exclusively for elephant conservation and community conservation and development programmes within or adjacent to the elephant range; and

vii) the additional quantities specified in paragraph g) v) above shall be traded only after the Standing Committee has agreed that the above conditions have been met; and

h) no further proposals to allow trade in elephant ivory from populations already in Appendix II shall be submitted to the Conference of the Parties for the period from CoP14 and ending nine years from the date of the single sale of ivory that is to take place in accordance with provisions in paragraphs g) i), g) ii), g) iii), g) vi) and g) vii). In addition such further proposals shall be dealt with in accordance with Decisions 16.55 and 14.78 (Rev. CoP16).

On a proposal from the Secretariat, the Standing Committee can decide to cause this trade to cease partially or completely in the event of non-compliance by exporting or importing countries, or in the case of proven detrimental impacts of the trade on other elephant populations.

All other specimens shall be deemed to be specimens of species included in Appendix I and the trade in them shall be regulated accordingly.

Zimbabwe

Oppose in the current state as the requested change would result in opening up international ivory trade, and therefore does not respect the precautionary measures in Annex 4 to Res. Conf. 9.24. If there would be agreement at the CoP19 about the effects of a reservation to changes to an annotation (former annotation would remain in place), and changes to the annotation would be limited to deletion of redundant parts on the former one-off sales and/or deletion of the reference to the resolution in a manner that is in line with EU proposed document 66.4.2, EU could vote in favour of a change.

(-)

5.

Loxodonta
a
fricana
(African elephant) (populations of Botswana, Namibia, South Africa and Zimbabwe)

II – I

Transfer populations of Botswana, Namibia, South Africa and Zimbabwe from Appendix II to Appendix I

Burkina Faso, Equatorial Guinea, Mali, Senegal

These 4 populations do not meet the criteria for listing in Appendix I.

-

6.

Cynomys mexicanus
(Mexican prairie dog)

I – II

Transfer from Appendix I to Appendix II

Mexico

Criteria for Appendix I listing are no longer fulfilled. Since the species was listed in Appendix I of CITES in 1975, only two international trade transactions have been recorded (both involving samples for scientific purposes). The Mexican Law Enforcement Authority (PROFEPA) reported that from 2013 to 2019, at the national level, nine specimens were seized. There is no official record of the sale of specimens of this species, nor is there a national or international market that threatens its wild populations.

+

FAUNA – AVES

7.

Branta canadensis leucopareia (Aleutian cackling goose)

I - II

Transfer from Appendix I to Appendix II

United States of America

Support the proposal. The population of this subspecies has well recovered from the brink of extinction in the 1960's to a population of 162.000 today which is well managed through regulated hunting. No illegal trade is reported.

+

8.

Kittacincla
malabarica
(White-rumped Shama)

Include in Appendix II

Malaysia,
Singapore

Support the proposal, as the species meets Appendix II listing criteria. Due to its singing ability, this species is one of the most valuable species in the South-East Asian cage bird trade and belongs to the most important species used in singing competitions.

+

9.

Pycnonotus zeylanicus
(Straw-headed bulbul)

II - I

Transfer from Appendix II to Appendix I

Malaysia,
Singapore,
United States of America

Support the proposal. This species meets the biological criteria in Annex 1 of Resolution Conf. 9.24 (Rev. CoP17).

+

10.

Phoebastria
albatrus
(Short-tailed albatross)

I - II

Transfer from Appendix I to Appendix II

United States of America

Support the proposal as the international trade is no longer a threat and there is no longer a significant demand for the species. However, as the population is still very small and vulnerable, the US and other range states should be encouraged to ensure that appropriate conservation measures are undertaken to ensure a stable, increasing population.

+

FAUNA – REPTILIA

11.

Caiman latirostris (Broad-snouted caiman) (population of Brazil)

I - II

Transfer the population of Brazil from Appendix I to Appendix II

Brazil

Support, as criteria in accordance with Article II, paragraph 2. a), of the Convention and with Resolution Conf. 9.24 (Rev. CoP17) Annex 4, paragraph A. 2. A, ii) are met. Species is in good state, there is a good management system, and species has recovered quickly.

+

12.

Crocodylus
porosus 
(Saltwater crocodile) (population of the Palawan Islands (Philippines)

I - II

Transfer the population of the Palawan Islands (Philippines) from Appendix I to Appendix II with a zero export quota for wild specimens

Philippines

Support to the proposal, as Appendix I criteria are no longer met. Some further analysis necessary regarding conservation efforts by the proponent.

(+)

13.

Crocodylus
siamensis
(Siamese Crocodile) (population of Thailand)

I - II

Transfer the population of Thailand from Appendix I to Appendix II with a zero quota for wild specimens

Thailand

Oppose this proposal, as the biological criteria for an Appendix I listing are still met. The transfer of this subspecies to Appendix II is not in accordance with the Precautionary Measures in Annex 4 of CITES Resolution Conf. 9.24 (Rev. CoP17).

-

14.

Physignathus cocincinus
(Indo-Chinese Water Dragon)

0 - II

Include in Appendix II

European Union, Viet Nam

EU proposal

+

15.

Cyrtodactylus jeyporensis (Jeypore hill gecko)

0 - II

Include in Appendix II

India

Support, as Appendix II criteria are met. There is a high number of trade in a relatively small distribution of the species.

+

16.

Tarentola chazaliae
(Helmethead gecko)

0 - II

Include in Appendix II

Mauritania,
Senegal

The proposal meets the Appendix II listing criteria, however further information should be requested in particular on outcomes of consultation with other range countries and the up-to-date data concerning population size, structure and trends,

(+)

17.

Phrynosoma platyrhinos
(Desert horned lizard)

0 - II

Include in Appendix II

United States of America

Further assessment needed. It seems that trade levels remained relatively stable during recent years and that trade may not pose a serious threat at the moment.

0

18.

Phrynosoma spp. (Horned Lizards)

0 - II

Include in Appendix II

Mexico

Further assessment needed. Criteria A is not fulfilled, as the species is not threatened, and no specific data shows that it might become endangered by trade in the near future. Criterion B of Annex 2a Conf. 9.24 (Rev. CoP17) may be applicable as legal exports could have an effect under extremely adverse harvesting strategies.

0

19.

Tiliqua adelaidensis
(Pygmy Bluetongue Lizard)

0 - I

Include in Appendix I

Australia

Support. The species meets several listing criteria outlined in Annex 1 paragraphs B and C.

+

20.

Epicrates
inornatus 
(Puerto Rican boa)

I - II

Transfer from Appendix I to Appendix II

United States of America

Support to the proposal. This species no longer meets Appendix I criteria.

+

21.

Crotalus horridus (Timber Rattlesnake)

0 - II

Include in Appendix II

United States of America

Oppose. This species does not meet the Appendix II listing criteria. International trade is very low, Appendix II listing may not help in-country protection of the species. The proposal could be reconsidered if additional supporting evidence is provided.

(-)

22.

Chelus fimbriata and C. orinocensis
(Amazon matamata and Orinoco matamata)

0 - II

Include in Appendix II

Brazil, Colombia, Costa Rica, Peru

The proposal presents inconsistent data about the source of specimens in legal and illegal trade and lacks current population data. In its current form, the proposal neither demonstrates that the species are threatened, nor that trade has detrimental influence on its survival. The proposal could be supported if the proponents provide evidence that the illegally traded specimens originated from the wild and/or that illegally ranched specimens are laundered into the breeding farms, and this cannot be prevented without listing the species in Appendix II.

0

23.

Macrochelys temminckii and Chelydra serpentine
(Aligator Snapping Turtle and Common Snapping Turtle)

0 - II

Include in Appendix II

United States of America

Listing Macrochelys temmincki in Appendix II can be supported, as the species meets the criteria. However, this is not the case for Chelydra serpentine. The EU could support a narrower proposal if the proponents decide to limit it to Macrochelys temmincki.

(+)

24.

Graptemys barbouri, G. ernsti, G. gibbonsi, G. pearlensis and G. pulchra
(Barbour's map turtle, Escambia map turtle, Pascagoula map turtle, Pearl River map turtle, Alabama map turtle)

0 - II

Include in Appendix II

United States of America

The Appendix II criteria do not seem to be met. While it is demonstrated that all the species are affected by multiple threats, there is no indication that trade is among them. Decision can be reconsidered if proponent can explain why CITES Appendix III listing is not sufficient and how CITES Appendix II listing would improve the situation.

0

25.

Batagur kachuga (Red-crowned Roofed Turtle)

II - I

Transfer from Appendix II to Appendix I

India

Support to the proposal. This species meets Appendix I listing criteria. Species is threatened and natural habitat is difficult to protect.

+

26.

Cuora galbinifrons
(Indochinese Box Turtle)

I - II

Transfer from Appendix II to Appendix I

European Union, Viet Nam

EU proposal

+

27.

Rhinoclemmys spp.
(Neotropical wood turtles)

0 - II

Include in Appendix II

Brazil, Colombia, Costa Rica,
Panama

Further assessment needed. The listing in Appendix II of R. diademata, R. nasuta, and R. rubida is justified by their relatively small range and R. pulcherrima according to the high trade volume in the past. However, it is unclear, if other species fulfil Appendix II criteria.

0

28.

Claudius
angustatus
(Narrow-bridged Musk Turtle)

0 - II

Include in Appendix II

Mexico

Support to the proposal. Criterion B of Annex 2a is fulfilled as legal and illegal harvest from the wild probably has a conservation relevant volume.

+

29.

Kinosternon spp. (Mud turtles)

0 - I

0 - II

Include Kinosternon cora and K. vogti in Appendix I and all other species of Kinosternon spp. in Appendix II

Brazil, Colombia, Costa Rica,
El Salvador,
Mexico, Panama, United States of America

The EU could support a narrower proposal if the proponents decide to limit it to those species for which it can be demonstrated that they meet the listing criteria, especially that these species are significantly traded. K. cora and K. vogti seem to qualify for listing in Appendix I; further species of the genus seem to qualify for listing in Appendix II, but many species are neither threatened nor is trade reported.

(+)

30.

Staurotypus salvinii and S. triporcatus
(Mexican giant musk turtle)

0 - II

Include in Appendix II

El Salvador,
Mexico

Support. Listing of Staurotypus triporcatus is justified, as there is a high demand in trade. It is not clear, if Staurotypus Salvinii meets the biological criteria for Appendix II, but distinguishing from Staurotypus triporcatus is difficult, so it most likely still meets the look-alike criterion of Res 9.24 (criterion A of Annex 2 b).

+

31.

Sternotherus spp. (Musk Turtle)

0 - II

Include in Appendix II

United States of America

Further assessment needed. Support could be considered for some species, especially S. depressus.

(+)

32.

Apalone spp. (Softshell turtle)

0 - II

Include in Appendix II (except the subspecies included in Appendix I)

United States of America

Criterion B of Annex 2a could be fulfilled, however there is a lack of relevant population data, which makes it difficult to evaluate the impact of trade on wild populations. There is only few evidence for poaching in wild Apalone spp.. However, life history traits and additional threats make softshell turtles potentially vulnerable to exploitation, which requires precautionary measures.

(+)

33.

Nilssonia leithii (Leith's Softshell Turtle)

II – I

Transfer from Appendix II to Appendix I

India

Support the proposal as criteria for listing in Appendix I are met.

+

FAUNA - AMPHIBIA

34.

Centrolenidae spp. (Glass Frogs)

0 - II

Include in Appendix II

Argentina, Brazil, Costa Rica,
Côte d'Ivoire,
Dominican Republic, Ecuador, El Salvador, Gabon, Guinea, Niger, Panama, Peru, Togo, United States of America

Further assessment needed. The listing criterion for Appendix II listing are clearly not met by the whole family with its 158 species.

0

35.

Agalychnis lemur (Lemur leaf Frog)

0 - II

Include in Appendix II with a zero annual export quota for wild-taken specimens traded for commercial purposes

Colombia, Costa Rica, European Union, Panama

EU proposal

+

36.

Laotriton laoensis (Laos warty newt)

0 - II

Include in Appendix II with a zero export quota for wild-taken specimens traded for commercial purposes

European Union

EU proposal

+

FAUNA – ELASMOBRANCHII (Sharks)

37.

Carcharhinidae spp. (Grey reef shark, dusky shark, smalltail shark, Ganges shark, sandbar shark, Borneo shark, Pondicherry shark, smoothtooth blacktip shark, sharptooth lemon shark, Caribbean reef shark, daggernose shark, night shark, whitenose shark, blacknose shark, whitecheek shark, lost shark, Pacific smalltail shark, Borneo broadfin shark and the broadfin shark)

0 - II

Include in Appendix II

Bangladesh,
Colombia,
Dominican Republic, Ecuador, El Salvador,
European Union, Gabon, Israel, Maldives,
Panama, Senegal, Seychelles,
Sri Lanka, Syrian Arab Republic, United Kingdom of Great Britain and Northern Ireland

Co-proposed by the EU

+

38.

Sphyrnidae spp. (Hammerhead shark)

0 - II

Include in Appendix II

Brazil, Colombia, Ecuador,
European Union, Panama

EU proposal

+

39.

Potamotrygon albimaculata,
P. henlei,
P. jabuti,
P. leopoldi,
P. marquesi,
P. signata and P. wallacei
 (Tapajós freshwater stingray, bigtooth river stingray, pearl freshwater stingray, white-blotched river stingray, Marques's freshwater stingray, Parnaiba river stingray, cururu stingray)

0 - II

Include in Appendix II

Brazil

Further assessment needed. Unclear whether all species meet the listing criteria, and whether the listing would help to fight illegal trade. More information is needed on how the range states interpret and position themselves in relation to the proposal.

0

40.

Rhinobatidae spp. (Guitarfish)

0 - II

Include in Appendix II

Israel, Kenya, Panama, Senegal

Support, as most species are endangered and subject to intense fishing pressure. Listing as appendix II will not only ensure that international trade is non detrimental to the survival of these species, but also enable the collection of better trade data. Several species could become eligible for inclusion in Appendix I in the future if trade is not regulated.

+

41.

Hypancistrus zebra (zebra pleco)

0 - I

Include in Appendix I

Brazil

The proposal in the current form should not be supported. However, the EU could support a proposal for a listing in Appendix II with a 0-export quota for wild specimens. The species might fulfil the biological criteria for appendix I, however, while some illegal trade from Brazil apparently exists, it is unclear how this trade influences wild populations.

(+)

FAUNA – HOLOTHUROIDEA

42.

Thelenota spp. (Pineapple sea cucumber, giant sea cucumber, Red-lined sea cucumber)

0 - II

Include in Appendix II

European Union, Seychelles,
United States of America

EU proposal

+

FLORA (PLANTS)

43.

Apocynaceae, Cactaceae, Cycadaceae, Dicksoniaceae, Euphorbiaceae, Gnetaceae, Liliaceae, Magnoliaceae, Nepenthaceae, Orchidaceae, Papaveraceae, Podocarpaceae, Sarraceniaceae, Trochodendraceae, Zamiaceae, Zingiberaceae

Flora species with annotation #1, #4, #14 and Appendix-I listed species of Orchidaceae (orchids)    

Amend Annotation #1 to read as follows: All parts and derivatives, except: […] b) seedling or tissue cultures obtained in vitro, in solid or liquid media, transported in sterile containers;

Amend Annotation #4 to read as follows: All parts and derivatives, except: […] b) seedling or tissue cultures obtained in vitro, in solid or liquid media, transported in sterile containers;

Amend Annotation #14 to read as follows: All parts and derivatives except: […] b) seedling or tissue cultures obtained in vitro, in solid or liquid media, transported in sterile containers; […] f) finished products packaged and ready for retail trade,; this exemption does not apply to wood chips, beads, prayer beads and carvings.

Amend paragraph f) of the text in French of Annotation #14 to read as follows: f) les produits finis conditionnés et prêts pour la vente au détail; cette dérogation ne s’applique pas aux copeaux en de bois, aux perles, aux grains de chapelets et aux gravures.

Amend the parenthetical annotation to Appendix I Orchidaceae in the Appendices to read as follows: ORCHIDACEAE Orchids (For all of the following Appendix-I species, seedling or tissue cultures obtained in vitro, in solid or liquid media, and transported in sterile containers are not subject to the provisions of the Convention only if the specimens meet the definition of ‘artificially propagated’ agreed by the Conference of the Parties).

Canada

Support, as it is a necessary amendment to harmonize all occurrences of the phrase “in solid or liquid media” in the CITES Appendices and in hash-series annotations.

+

FLORA – BIGNONIACEAE

44.

Handroanthus spp., Roseodendron spp. and Tabebuia spp. (Trumpet trees)

0 - II

Include in Appendix II with annotation #17 (Logs, sawn wood, veneer sheets, plywood and transformed wood.)

Colombia,
European Union,
Panama

EU proposal

+

FLORA – CRASSULACEAE

45.

Rhodiola spp. (Big flower rhodiola, Rhodiola)

0 - II

Include in Appendix II with annotation #2 (All parts and derivatives except: a) seeds and pollen; and b) finished products packaged and ready for retail trade.)

China, European Union, Ukraine, United Kingdom of Great Britain and Northern Ireland, United States of America

EU proposal

+

FLORA – LEGUMINOSAE

46.

Afzelia spp.

(African populations) (African mahogany)

0 – II

Include all African populations in Appendix II with annotation #17 (Logs, sawn wood, veneer sheets, plywood and transformed wood.)

Benin, Côte dIvoire,
European Union, Liberia, Senegal

EU proposal

+

47.

Dalbergia sissoo (North Indian rosewood)

II - 0

Delete from Appendix II

India, Nepal

In principle, oppose the proposal as distinguishing this species from others requires specialised expertise. If proponents can provide additional evidence on identification techniques, the position can be reconsidered.

(-)

48.

Dipteryx spp. (Cumaru, Tonka)

0 - II

Include in Appendix II with annotation "Logs, sawn wood, veneer sheets, plywood, transformed wood and seeds"

Colombia,
European Union, Panama

EU proposal

+

49.

Paubrasilia echinata (Pernambuco wood, Brazilwood)

II – I

Transfer from Appendix II to Appendix I with annotation "All parts, derivatives and finished products, including bows of musical instruments, except musical instruments and their parts, composing travelling orchestras, and solo musicians carrying musical passports in accordance with Res. 16.8."

Brazil

This proposal is not in compliance with the provisions of Article I (b) (iii) of the Convention which provides that it is not possible to have an annotation for a plant species listed in Appendix I. In addition, the text of the annotation is unclear.

0

50.

Pterocarpus spp.

(African populations) (African bloodwood, Eared bloodwood, African rosewood, small-leaved bloodwood, round-leaved bloodwood, African padauk)

0 - II

Include all African populations in Appendix II with annotation #17 (Logs, sawn wood, veneer sheers, plywood and transformed wood) and amend annotations of Pterocarpus erinaceus and P. tinctorius, already listed in Appendix II, to annotation #17

Côte d'Ivoire, European Union, Liberia, Senegal, Togo

EU proposal

+

FLORA – MELIACEAE

51.

Khaya spp. (African mahogany)

Include all African populations in Appendix II with annotation #17 (Logs, sawn wood, veneer sheets, plywood and transformed wood.)

Benin, Côte d'Ivoire,
European Union, Liberia, Senegal

EU proposal

+

FLORA – ORCHIDACEAE

52.

Orchidaceae spp. (Orchids)

Amend Annotation #4, with the addition of new paragraph g), to read: ‘g) finished products packaged and ready for retail trade of cosmetics containing parts and derivatives of Bletilla striata, Cycnoches cooperi, Gastrodia elata, Phalaenopsis amabilis or P. lobbii’

Switzerland

Oppose unless Annotation is changed to exclude source codes "W" and "Y”. The current proposal is problematic with regard to the risk of wildlife laundering.

(-)

ANNEX […]

(1)    Sec. = CITES Secretariat
SC = Standing Committee

AC = Animals Committee

PC = Plants Committee