CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA (CITES) Gaborone Amendment to the Convention Information pack for Parties March 2007 CONTENTS I. Background and rationale for ratification of the Gaborone amendment II. Text of the Amendment III. How to approve an amendment to the Convention IV. Model of instrument of acceptance of an amendment V. List of countries having / not having ratified the Amendment VI. Extract from CITES World Article CITES in the European Union VII. Further information
I. BACKGROUND AND RATIONALE FOR RATIFICATION OF THE GABORONE AMENDMENT Introduction The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), which has been in place since 1975, regulates international trade in endangered species by establishing a permitting system whereby trade can only take place when it is deemed to be sustainable and commercial trade is suspended for those species most at risk of extinction. CITES is one of the Biodiversity-related Conventions, which, together, aim to reach the target set out at the 2002 World Summit on Sustainable Development in Johannesburg, of significantly reducing the rate of biodiversity loss by 2010 and thus to contribute to achieving the Millennium Development Goals (MDGs). Through its powerful trade regulating mechanisms, CITES is regarded as one of the most important legal international conservation instruments. Although the European Union is one of the largest markets for CITES-listed species in the world and the competence for regulating the trade in wildlife lies with the European Community (and not with its 25 individual Member States, who have transferred their competence in the matter to the European Community), it cannot play its full role in CITES because it is not a Party to the Convention. As one of the earliest Multilateral Environmental Agreements, the Convention only foresaw membership by States. Since then it has become common for Conventions to allow membership by Regional Economic Integration Organisations (REIOs), i.e. supranational organizations constituted by sovereign States that have transferred part of their competences to them. The Gaborone amendment to CITES, which was adopted at the 4 th meeting of the Conference of the Parties in 1983, would allow for accession by REIOs, and thus would enable the European Community to become a Party to the Convention. Current status of ratification of the Gaborone amendment to CITES In order for the Gaborone amendment to enter into force, 54 of the 80 countries that were Party to CITES at the time of its adoption have to ratify the amendment. To date, 46 of those countries have done so, along with 35 other countries that have become a Party to the Convention subsequently. 1 The CITES Secretariat and the Conference of the Parties have repeatedly called for Parties that have not yet done so, to ratify the Gaborone amendment. Under its Goal n 6 Progress towards global membership the CITES Strategic Vision, adopted at the 11 th meeting of the Conference of the Parties (CoP) to CITES in 2000, calls for further progress to be made in the ratification of the amendment. In addition, a decision adopted at the 12 th CoP and a resolution agreed at the 13 th CoP urge all Parties that have not yet done so to ratify the amendment as soon as possible. 1 As of 15 November 2006, at least 8 countries would still need to ratify the amendment.
Why should Parties ratify the Gaborone amendment? The European Community is the only REIO with competence for implementing CITES. Therefore, entry into force of the Gaborone amendment would enable it to become a Party to CITES. Accession to CITES by the European Community would enable it to play a full role in the work of the Convention. It would provide a single focal point for Parties and the Secretariat to address themselves to. Accession would legally bind the European Community and all its Member States to implement and enforce the Convention and therefore create formal responsibilities for the European Community. As a result, the European Community as a Party would become accountable to other Parties for its implementation of the Convention. Additional support and funding for the Convention and Parties CITES membership would also provide the European Community with a stronger institutional basis for contributing towards CITES projects and for assisting individual Parties in their capacity building programmes. Furthermore, the European Community would contribute to the running costs of the Convention through the budget by paying a percentage rate of the core budget. A balanced position The European Community, as a Party, would ensure a coherent EU position and be open to the concept of sustainable use at CITES negotiations. The European Community fully supports the principles of the Convention and is very receptive to the concerns of developing countries. Accession would enable the Commission on behalf of the European Community to lead negotiations and to be a catalyst in achieving a balanced compromise between the 25 Member States positions. Accession would not change the balance of power within the Convention. The European Community would not get an additional vote, it would vote with the number of votes of its Member States; Implementation of CITES in the European Union Given its competence in the field of wildlife trade, the European Community has been fully implementing the Convention since 1 January 1984, through a comprehensive set of Regulations. It must be clear, however, that, under the European Community s current status as non-party, its Regulations are self-imposed and that it is not bound by the Convention. It can therefore not officially be called to order by the Secretariat or the Conference of the Parties. They have to officially address themselves to individual Member States who have transferred their competence to the European Community.
Next steps The European Commission urges all Parties that have not yet done so to ratify the Gaborone amendment as soon as possible, in order for it to enter into force and for the European Community to become a Party to the Convention. This will enable the European Community to fully assume its responsibilities in implementing and effectively contributing to the implementation of the provisions of CITES.
II. TEXT OF THE AMENDMENT In Article XXI, after the words "Depositary Government.", insert the following five paragraphs: 1. This Convention shall be open for accession by regional economic integration organizations constituted by sovereign States which have competence in respect of the negotiation, conclusion and implementation of international agreements in matters transferred to them by their Member States and covered by this Convention. 2. In their instruments of accession, such organization shall declare the extent of their competence with respect to the matters governed by the Convention. These organizations shall also inform the Depositary Government of any substantial modification in the extent of their competence. Notifications by regional economic integration organizations concerning their competence with respect to matters governed by this Convention and modifications thereto shall be distributed to the Parties by the Depositary Government. 3. In matters within their competence, such regional economic integration organizations shall exercise the rights and fulfil the obligations which this Convention attributes to their Member States, which are Parties to the Convention. In such cases the Member States of the organizations shall not be entitled to exercise such rights individually. 4. In the fields of their competence, regional economic integration organizations shall exercise their right to vote with a number of votes equal to the number of their Member States which are Parties to the Convention. Such organizations shall not exercise their right to vote if their Member States exercise theirs, and vice versa. 5. Any reference to "Party" in the sense used in Article 1(h) of this Convention, to "State"/"States" or to "State Party"/State Parties" to the Convention shall be construed as including a reference to any regional economic integration organization having competence in respect of the negotiation, conclusion and application of international agreements in matters covered by this Convention. In accordance with Article XVII, paragraph 3, of the Convention, the Gaborone amendment shall enter into force 60 days after 54 of the 80 States that were party to CITES on 30 April 1983 (i.e. two-thirds of them) have deposited their instruments of acceptance. However, at that time it will enter into force only for those States that have accepted the amendment (no matter on what date they became party to the Convention.) The amended text of the Convention will apply automatically to any State that becomes a Party after the date of entry into force of the amendment. However, for States that became party to the Convention before that date and have not accepted the amendment, it will enter into force 60 days after they do accept it.
III. HOW TO APPROVE AN AMENDMENT TO THE CONVENTION Each Party to the Convention should approve the amendments to its text adopted by the Conference of the Parties by depositing an instrument of acceptance with the Government of the Swiss Confederation (the depositary government). The deposition is made through the usual diplomatic channels, as laid down in the Constitution or the laws of each State. Generally the Ministry of Foreign Affairs is the competent authority. Where should it be deposited? The instrument of acceptance may be deposited: in Bern, with the Federal Department of Foreign Affairs, in cases where the Embassy of the State concerned is accredited in Switzerland in Geneva, with the Permanent Mission of Switzerland to the Office of the United Nations or in any Swiss Embassy in the world. Who should sign it? According to established international practice, in order to be valid, the instrument of deposition has to be signed by the Head of State, or by the Head of the Government, or by the Minister of Foreign Affairs. It should clearly indicate: the full title of the Convention as adopted in Washington, D.C. on 3 March 1973; the expression of the State s readiness to be bound by the amendment, to respect its provisions and to apply them. It should be mentioned, however, that a simple letter of the Minister of Foreign Affairs can be accepted by the (depository) Swiss Government, provided that it contains the information mentioned above.
IV. MODEL OF INSTRUMENT OF ACCEPTANCE OF AN AMENDMENT Acceptance of... of the amendment to Article XXI of the Convention on International Trade in Endangered Species of Wild Fauna and Flora The Head of the State or Government of... (or the Minister of Foreign Affairs of...) A Convention on International Trade in Endangered Species of Wild Fauna and Flora having been concluded in Washington, DC, United States of America, on 3 March 1973; After seeing and examining the amendment to Article XXI of this Convention as amended in Gaborone, Botswana in 1983, we have accepted it and we accept it in all and any of its parts; In accordance with the provisions it contains and with Article... of the Constitution; We formally declare the acceptance by... of the amendment to Article XXI of this Convention and promise that it will be inviolably respected; In witness whereof we have signed this document and have caused the seal of... to be attached. Signed at: on:
V. LIST OF COUNTRIES HAVING / NOT HAVING RATIFIED THE GABORONE AMENDMENT The following 46 states that were parties on 30.04.1983 have ratified the amendment (54 ratifications are needed for entry into force purposes): 1. Monaco 24.08.1983 2. Seychelles 15.09.1983 3. Norway 15.02.1984 4. Togo 24.02.1984 5. Uruguay 21.12.1984 6. Austria 21.01.1985 7. Germany 20.03.1985 8. Chile 06.09.1985 9. United Kingdom 13.12.1985 10. Italy 23.01.1986 11. Brazil 05.02.1986 12. France 16.09.1986 13. Zimbabwe 08.02.1988 14. Belize 14.03.1988 15. Senegal 28.03.1988 16. Philippines 17.05.1988 17. China 07.07.1988 18. Mauritius 21.07.1988 19. Sri Lanka 07.11.1988 20. Denmark 10.01.1989 21. India 11.01.1989 22. Finland 27.06.1989 23. Rwanda 30.08.1989 24. Botswana 04.09.1989 25. Morocco 07.08.1990 26. Malawi 17.08.1990 27. Argentina 19.12.1990 28. Australia 13.11.1991 29. Portugal 05.03.1992 30. Sweden 11.03.1993 31. Bolivia 26.04.1993 32. Cyprus 29.11.1993 33. Switzerland 22.11.1994 34. Canada 01.02.1999 35. St Lucia 09.02.1999 36. Peru 20.05.1999 37.Venezuela 11.06.1999 38. Ghana 16.12.1999 39. Liechtenstein 21.12.2000 40. Paraguay 22.01.2001 41. Niger 07.06.2002 42. Kenya 04.11.2002 43. Egypt 17.07.2003 44. Tanzania 09.12.2004 45. Colombia 22.09.2006 46. Madagascar 09.10.2006 The following 34 states were parties to CITES on 30 April 1983 but have not yet ratified the amendment 1. Bahamas 2. Bangladesh 3. Cameroon 4. Central African Republic 5. Costa Rica 6. Dem. Rep. of Congo 7. Ecuador 8. Gambia 9. Guatemala 10. Guinea 11. Guyana 12. Indonesia 13. Iran 14. Israel 15. Japan 16. Jordan 17. Liberia 18. Malaysia 19. Mozambique 20. Nepal 21. Nicaragua 22. Nigeria 23. Pakistan 24. Panama 25. Papua New Guinea 26. Russian Federation 27. South Africa 28. Sudan 29. Surinam 30. Thailand 31. Tunisia 32. United Arab Emirates 33. USA 34. Zambia The following states have ratified the amendment but were not party on 30.04.1983 (These ratifications do not count in order for the amendment to enter into force) 1. Trinidad and Tobago 17.05.1984 19. Iceland 30.01.2000 2. Netherlands 12.02.1985 20. Slovenia 24.01.2000 3. Belgium 30.07.1985 21. Congo 07.02.2000 4. Luxembourg 20.08.1989 22. Croatia 14.03.2000 5. Spain 29.01.1991 23. Estonia 14.04.2000 6. Uganda 13.03.1992 24. Ireland 08.01.2002 7. Burkina Faso 09.04.1992 25. Bhutan 15.08.2002 8. Brunei Darussalam 18.06.1992 26. Greece 24.09.2002 9. Slovakia 02.03.1993 27. Republic of Korea 21.07.2003 10. Barbados 07.06.1993 28. Palau 16.04.2004 11. Saint Kitts and Nevis 30.05.1994 29. Lithuania 15.05.2004 12. Eritrea 22.01.1995 30. Czech Republic 05.08.2004 13. Antigua and Barbuda 08.07.1997 31. Samoa 09.11.2004 14. Mali 04.08.1997 32. Hungary 19.04.2005 15. New Zealand 04.08.1997 33. Poland 13.06.2005 16. Fiji 30.09.1997 34. Cape Verde 10/08/2005 17. Uzbekistan 29.01.1998 35. Latvia 19/08/2005 18. Grenada 30.08.1999
VI. EXTRACT FROM CITES WORLD ARTICLE CITES IN THE EUROPEAN UNION CITES in the European Union Published in CITES World Official Newsletter of the Parties, Issue Number 15 July 2005 Although the European Union is not yet a Party to CITES 2, its provisions have been implemented in European Community law since 1982, when the first Community-wide legislation implementing the Convention entered into force. There are three main reasons why CITES is implemented at EU level and not individually by each of the 25 EU Member States 3 : - the fact that external trade rules are of exclusive Community competence; - the absence of systematic border controls as a result of the customs union; and - the existence of a Community policy on the environment and legislation on the protection and conservation of the Community s indigenous species. Currently CITES is implemented across the EU through a comprehensive Regulation adopted in 1996 (Council Regulation (EC) No. 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein 4 ) and a more detailed implementing Regulation (Commission Regulation (EC) 1808/2001 5 ), which dates back to 2001 but is in the process of being revised (expected to be published autumn 2005). Together, these two Regulations reflect the provisions of the Convention and those CoP Resolutions which the Member States have decided collectively to implement. However, they are stricter than the Convention in a number of crucial respects: Council Regulation (EC) No. 338/97 has four Annexes of which Annexes A, B and C loosely correspond to Appendices I, II and III respectively of the Convention but not exactly for example, some Appendix II and III species are listed in Annex A because of their status on other Community nature protection legislation (the Birds and Habitats Directives), while Annexes A and B also include some non-cites species; Annex D, which has no equivalent in CITES, lists species for which import levels are monitored; Stricter import conditions apply for species in Annexes A and B than for those in the corresponding Appendices I and II of the Convention; 2 Accession by the Community requires the ratification of the Gaborone Amendment to the Convention by 54 Countries that were a Party in 1983. 44 Parties have ratified to date. 3 Austria, Belgium, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, The Netherlands, United Kingdom 4 OJ L 61, 3.3.1997, p. 1 5 OJ L 250, 19.9.2001, p. 1.
Import permits are also required for Annex B species and these can only be granted when the importing Member State if necessary, in consultation with all the Member States deems that trade in the relevant species from the country concerned is sustainable; import notifications are required for Annex C and D species; There are additional requirements regarding housing and transport of live specimens; More comprehensive restrictions apply for internal trade in Annex A species. In addition, the Regulations allow for the Commission to establish general restrictions on the introduction into the Community from certain countries of origin of: - Annex A specimens if, the introduction would have a harmful effect on the conservation status of the species, or on the extent of the territory occupied by the relevant population of the species, or on the grounds of other factors relating to conservation; - Annex B specimens if, given the current or anticipated trade levels, the introduction would have a harmful effect on the conservation status of the species, or on the extent of the territory occupied by the relevant population of the species or on the grounds of other factors relating to conservation; - live specimens in Annex B, which have a high mortality rate during shipment or as to which it has been established that live animals are unlikely to survive in captivity for a considerable proportion of their life span; and - live specimens of species for which it has been established that their introduction into the natural environment of the Community would present an ecological threat to wild species of fauna and flora indigenous to the Community. Import restrictions can only be established after consultation with the countries of origin. They are published in the Official Journal of the EU. The most recent Suspensions Regulation is Regulation (EC) No 252/2005 of 14 February 2005 6 Council Regulation (EC) No. 338/97 establishes three Committees. There is a Regulatory Committee which approves legislative changes made by the Commission and agrees common interpretation of existing provisions. The Scientific Review Group deals with scientific aspects in particular, it makes decisions regarding species/countries where imports might be unsustainable, which can lead to formal import suspensions. The Enforcement Working Group, which serves as a forum for the exchange of information among enforcement officers in the Member States. These Committees are chaired by the Commission and meet in total about 10 times a year. 6 OJ L 43/3 of 15.2.2005
The Regulations implementing CITES are directly binding in all Member States. A few provisions, however, require national legislation. In particular, Council Regulation (EC) No. 338/97 requires Member States to put sanctions in place for a range of specified fraud offences, such as import without a permit, falsification of a permit etc.. In addition, responsibility for issuance of relevant permits and for enforcement lies with the Member States CITES Team, European Commission
VII. Further information For further information on CITES implementation in the European Union and the role that the European Community could play as a Party to the Convention please contact: Lucy Swan CITES Team Directorate General for Environment European Commission B-1049 Brussels Tel. +32 2 295 77 01 Fax. +32 2 296 95 58 E-mail: lucy.swan@ec.europa.eu Or Dörthe Ohm CITES Team Directorate General for Environment European Commission B-1049 Brussels Tel. +32 2 296 36 92 Fax. +32 2 296 95 58 E-mail: doerthe.ohm@ec.europa.eu Or consult the European Commission s CITES web-page at: Web: http://europa.eu.int/comm/environment/cites/home_en.htm For further information on how to ratify the Gaborone amendment, please contact: Jonathan Barzdo Chief of Unit Convention Support Unit CITES Secretariat International Environment House Chemin des Anémones CH-1219 Châtelaine, Geneva Switzerland Tel: (+4122) 917-8133 Fax: (+4122) 797-3417 Email: jonathan.barzdo@cites.org