Overview. IFS: Resolution Conf (Rev. CoP16) IFS-related Decisions adopted at CoP16:

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2 Overview A word on CITES IFS: Resolution Conf (Rev. CoP16) Permits & Certificates: Resolution Conf (Rev. CoP16) IFS-related Decisions adopted at CoP16: - Decisions (chartering) - Decision (capacity building)

3 Origins of CITES CITES was adopted on 3 March 1973, at a plenipotentiary conference convened in response to a recommendation of the 1972 UN Conference on the Human Environment The working paper underlying the negotiations made provision for introduction from the sea CITES entered into force on 1 July , 90 days after the 10th ratification Washington, D.C., the United States of America, on 3 March 1973

4 How CITES works Similar requirements Similar rules and regulations Similar authorities Similar procedures COMMON PROCEDURAL MECHANISMS Similar documents

5 CITES Parties countries

6 Convention provisions relating to IFS Article I Definitions Article III Regulation of trade in Appendix I specimens Article IV Regulation of trade in Appendix II specimens Article XIV Effect on domestic legislation and international conventions

7 IFS: Resolution Conf (Rev. CoP16) Introduction from the sea means transportation into a State of specimens of any species which were taken in the marine environment not under the jurisdiction of any State [Article I, paragraph (e) of the Convention]. The marine environment not under the jurisdiction of any State means those marine areas beyond the areas subject to the sovereignty or sovereign rights of a State consistent with international law, as reflected in the United Nations Convention on the Law of the Sea [Resolution Conf (Rev. CoP16)]. 7

8 IFS: Resolution Conf (Rev. CoP16) RECOGNIZING the need for a common understanding of the provisions of the Convention relating to specimens taken in the marine environment not under the jurisdiction of any State, in order to facilitate the standard implementation of trade controls for such specimens and improve the accuracy of CITES trade data, The Conference of the Parties to the Convention has agreed that: whenever any specimen of a species included in Appendix I or II is taken in the marine environment not under the jurisdiction of any State by a vessel registered in one State and is transported into that same State, the provisions of Article III, paragraph 5, or Article IV, paragraphs 6 and 7, respectively, should be applied; with that State being the State of introduction

9 IFS: Resolution Conf (Rev. CoP16) The CoP has also agreed that: Whenever any specimen of a species included in Appendix I or II is taken in the marine environment not under the jurisdiction of any State by a vessel registered in one State and is transported into a different State, the provisions of Article III, paragraphs 2 and 3, or Article IV, paragraphs 2, 3 and 4, respectively, should be applied, with the State in which the vessel that took the specimen is registered being the State of export and the State into which the specimen is transported being the State of import;

10 IFS: Resolution Conf (Rev. CoP16) In addition, the CoP has agreed on guidance for determining the State of introduction and the State of export in the case of chartering operations This guidance applies under the conditions that (i) the operation is under a written agreement between the State where the vessel is registered and the chartering State, consistent with the framework on chartering operations of a relevant RFMO/A and that (ii) the CITES Secretariat has been informed of this arrangement in advance of its entry into effect and that the CITES Secretariat makes this arrangement available to all Parties and to any relevant RFMO/A

11 IFS: Resolution Conf (Rev. CoP16) The CoP has recommended that the State of introduction, State of export or State of import, in satisfying itself that the provisions of the Convention have been met: take into account whether or not the specimen was or will be acquired and landed: in a manner consistent with applicable measures under international law for the conservation and management of living marine resources, including those of any other treaty, convention or agreement with conservation and management measures for the marine species in question; and through any illegal, unreported or unregulated (IUU) fishing activity.

12 Permits/certificates: Resolution Conf (Rev. CoP16) The Conference of the Parties has recommended that: Regarding the standardization of CITES permits and certificates, the source code X be used to indicate specimens taken in the marine environment not under the jurisdiction of any State [section I(i)];

13 CoP16 Decisions to IFS - chartering The Secretariat shall report to the CITES Standing Committee on the implementation of the Convention by Parties concerned in relation to the provision on chartering arrangements provided for in Resolution Conf (Rev. CoP16) The report should focus on the conditions under which non-detriment findings are made and permits and certificates are issued and assess the capacity of chartering States and States in which the vessels are registered to control compliance with the provisions of the CITES Convention. On the basis of the assessment of the Standing Committee and any other relevant information, the Parties should review at CoP17 (2016) the provisions on chartering provided for in Resolution Conf (Rev. CoP16).

14 CoP16 Decision 16.52: IFS - Capacity building & special requirements of developing States The Secretariat shall: Develop capacity-building tools and materials for use by Parties (e.g. a module in the CITES Virtual College) related to the implementation of the Convention for specimens taken from the marine environment not under the jurisdiction of any State.

15 CITES and FAO working for legal, sustainable and traceable international trade in sharks and manta rays, supported by the European Union 15