Summary of Conclusions 71 st MEETING OF THE COMMITTEE ON TRADE IN WILD FAUNA AND FLORA Brussels, 3 July 2015 1. Adoption of the agenda With the addition of three points under "Any other business" (Tiger trophies from South Africa, caviar exemption, studies), the agenda was adopted. 2. Update on on-going activities The Chair gave an update on on-going activities: - Annual Report 2014 and Biennial Report 2013-2014: Deadline for submission of these reports was 15 June 2015. Member States that had not yet submitted their contributions to the Commission were invited to do so as soon as possible, notably because the information contained in the reports is very relevant in the perspective of a possible future EU Wildlife Action Plan. - Revision of Annexes to Council Regulation (EC) No 338/97: Following the recent changes to CITES Appendix III, the Commission would prepare a new version of the Annexes. - "Suspension Regulation": The latest Commission Implementing Regulation (EU) No 2015/736 prohibiting the introduction into the Union of specimens of certain species of wild fauna and flora was adopted on 7 May 2015 and published in the Official Journal L 117 of 08.05.2015. - Revision of Implementing Regulations: Commission Regulation (EU) 2015/870 amending Regulation (EC) No. 865/2006 has been published on 6 June 2015. Commission Regulation (EU) 2015/870 replaces Regulation (EU) 2015/56, which had to be repealed for procedural reasons. The content of the new Regulation is identical to Regulation (EU) 2015/56. Acts adopted under Regulation (EU) 2015/56 remain valid. - CITES Notifications: There had been a number of CITES Notifications with imminent deadlines. Usually, unless specific otherwise, it would be sufficient for Member States to copy the Commission into their replies to the CITES Secretariat. Regarding sharks and the reporting format, however, the Commission would prepare a coordinated reply. The representative from the Commission invited Member States to look in particular into the new reporting format and to make sure that the new version is fine for them. Member States were therefore invited to submit information concerning these issues to the Commission by 10 July 2015.
- Workshop with neighbouring countries: This workshop brought together management, scientific and enforcement authorities from Albania, Bosnia and Herzegovina, the Former Yugoslav Republic of Macedonia, Kosovo 1, Montenegro and Serbia with a view to identifying their needs in terms of capacity building. The meeting report would be circulated when finalised. The workshop showed that the level of implementation of CITES and knowledge of the EU wildlife trade regulations vary greatly between the countries concerned. The need for more regional collaboration was also identified. In that perspective, another meeting focusing on enforcement and bringing together EU and non-eu countries from the region might prove useful. Member States were invited to submit proposals for future cooperation with the countries concerned in that regard. 3. Summary of conclusions of the 70 th Committee meeting (SoC COM 70) The document was tabled for information. 4. Outstanding Actions Points (COM 71 OAP) The list of outstanding action points was tabled for information. Member States should submit any relevant information as appropriate. 5. Short report by the Commission on the outcome of the 72 nd meeting of the Scientific Review Group (SRG 72 of 02/07/15) The Chair of the SRG informed the Committee about the main issues raised at the 72 nd meeting of the Scientific Review Group (SRG 72) held on 2 July 2015 (other than those included on the agenda of COM 71): - The SRG agreed on a positive opinion for Swietenia macrophylla from Belize. - Regarding Prunus africana from the Democratic Republic of the Congo, the SRG confirmed the positive opinion for an annual quota of 72 000 kg of dry bark from Itathama and Mwenda regions; however, the decision for an additional quota was deferred, and the Commission would further consult with the country. - The SRG discussed the general sustainability of harvesting of and trade in Prunus africana in Central Africa and that there might be a need to review some of the guidelines used for assessing import applications over the last years. - A representative from Uganda gave a presentation on the management and exports of Prunus africana. The SRG agreed on a positive opinion for a quota of 176 179 kg of dry bark for this species / country combination. He also pointed out that only one company was currently authorised to export Prunus africana. - The decision for a new quota request for Prunus africana from Cameroon was deferred, and the Commission would further consult with the country. - The SRG issued a positive opinion for Aquilaria spp. from Malaysia. 1 This designation is without prejudice to positions on status, and is in line with UNSCR 1244 and the ICJ opinion on the Kosovo declaration of independence 2.
- Given the preoccupying situation in Mozambique, Tanzania and Zambia, the SRG agreed on or confirmed the negative opinions for imports of hunting trophies of Loxodonta africana from those countries. - The SRG noted an increase of the Romanian export quotas for Canis lupus, Ursus arctos and Felis silvestris and agreed to review the situation at its next meeting based on information to be submitted by Romania. - Based on a recent IUCN assessment, the SRG would review the situation for Panthera leo at its next meeting. - Preparations for the upcoming meetings of the Animals and Plants Committees were well under way. The Chair of the SRG recalled that SRG opinions became applicable immediately after each meeting, and were therefore applicable to any new import application submitted to Member States. In line with this, import applications submitted to Member States before the SRG meeting should be assessed on the basis of the SRG opinion in place before the meeting of the SRG. 6. Short report by the Commission on the outcome of the 30 th meeting of the Enforcement Group (EG 30 of 27/04/15) The Chair of the Enforcement Group (EG) summarised the discussions and outcome of the last meeting of the Enforcement Group held on 27 April 2015. In particular, the following issues were raised: - In the analysis of trends in legal and illegal trade, an important number of seizures of medicinal or health supplements were noted. - The EG discussed the issue of controlled deliveries and the cooperation with China in this context. - Presentations were made regarding rare iguanas, the trade in hybrids of wolves and wild dogs, seizures of shahtoosh shawls as well as timber and health supplements. - International organisations gave an update about recent activities. - The training material for enforcement officers had been updated and made available on Circabc. 7. Future structure of the Management Committee (COM 71/7) The Chair recalled the reasoning behind the need to create an expert group on wildlife trade issues, composed of the competent management CITES authorities of the EU Member States as well as, upon their explicit request, expert staff from the European Parliament. Individual experts could be invited on an ad hoc basis for specific items. The Commission would organise meetings of the Committee and the expert group back to back. The first set of meetings was scheduled for September. At its first meeting, the expert group would approve its own rules of procedure, which are currently revised by the Commission. 3.
8. EU accession to CITES The EU would become the 181 st Party to CITES on 8 July 2015. The Chair stressed that the preparation for CoP meetings should continue as in the past, i.e. based on a Council Decision setting out the EU positions on all relevant items. In terms of representation, the EU would be sitting with other Parties and statements on issues of EU competence delivered behind the EU nameplate. As in other Multilateral environment agreements (MEAs), and based on the EU treaty, the Commission and EU Member States would identify before CoP meetings the issues for which statements are done behind the EU nameplate and for which the EU would vote (with 28 votes) instead of the individual Member States, as well as clarify any other issue linked to EU representation at CITES CoPs. Member States' participation in CoP meetings remains crucial in order to ensure on the spot coordination, participation in the numerous working groups and decisions on issues such as their budgetary contributions to the CITES trust fund. As in other MEAs, it is expected that the EU would contribute with 2.5% to the overall budget of CITES. Member States would continue to submit their reports on trade data (Annual report) and on the implementation of CITES (so far the Biennial report) directly to the CITES Secretariat. The Committee would discuss the questions of reservations at the next meeting. 9. Guidance documents The Chair informed the Committee that the Commission was in the process of establishing more harmonised and consistent procedures regarding guidance documents. This would in all likelihood require more consultations with the other Commission services and possibly even entail adoption by the Commission. The Commission would update Member States about the new arrangements as soon as possible. The revised document regarding the export, re-export and intra-union trade of rhinoceros horns had recently been agreed by Member States. However, awaiting the outcome of these internal discussions, the Commission is not yet in a position to publish the document. 9.1 Overview document (COM 71/9/1) The overview document was tabled for information. 9.2 Guidance on how to fill in a certificate (COM 71/9/2) The coordinator for this topic informed the Committee that most of the comments received had been incorporated in the revised version. The Committee approved the document. 4.
9.3 Worked specimens (COM 71/9/3) The coordinator for this topic introduced the updates made to the document. The Committee welcomed this useful document. The Chair invited Member States to submit comments on this revised document by 7 August 2015 with the view to discuss the matter further at the next meeting. 9.4. Re-export and intra-eu trade of pre-convention and antique ivory (COM 71/9/4) The Chair indicated that the Commission would look into the pros and cons of establishing a ban on the re-export of raw ivory from the EUas part of the future Wildlife Action Plan. This matter was also discussed recently in the context of bilateral discussions with China. In relation to the draft guidance document, the Chair invited Member States to submit their comments on this document to the Commission by 15 August 2015. 10. International issues 10.1 Preparation for the 66 th meeting of the Standing Committee (COM 71/10/1) The Chair noted that the deadline for submission of documents for the 66 th meeting of the Standing Committee (SC 66) was 12 November 2015. The Committee would continue to follow the modus operandi in preparation for SC 66 as was established for previous meetings. In this respect, the Commission would prepare, in cooperation with the Presidency, the EU representatives in the Standing Committee and interested EU Member States, a first draft of the orientation paper as soon as SC 66 documents became available. The Commission would also attempt to prepare an outreach document. Regarding pangolins, a number of countries had replied to the detailed questionnaire. A workshop on this species was held in June in Vietnam. The report of this workshop would be made available as soon as possible. Concerning the other SC working groups, not much progress could be reported. 10.2 Preparation for CoP 17 (COM 71/10/2) The Chair of the SRG informed the Committee that the SRG had identified a number of species that may warrant further consideration in view of CoP17. The subsequent consultations with the range states concerned were under way. In September, the SRG would review the information available on these species, including responses received from range states, and then decide which species should be brought to the attention of the Committee for further consideration. Member States were invited to provide any further information or suggestions on proposals to the Commission by 31 July 2015. The Commission would submit a draft timetable for CoP preparations as soon as possible. Furthermore, the Commission would create a CoP folder on Circabc where useful information would be stored. 5.
11. Update on the development of the EU Action Plan against wildlife trafficking The Chair informed the Committee that the adoption of an EU Action Plan against wildlife trafficking has been included in the list of Commission planned initiatives for 2015 2. As a first step, the Commission would soon publish a roadmap which would be followed by a four-week public consultation. The aim was to have the Action Plan adopted by the end of the year or early 2016 and to have broad Council discussions with a view to getting wide endorsement. The Commission line was to ensure better and more even implementation of the Wildlife Trade Regulations across the EU rather than to change existing legislation. In this context, TRAFFIC would look into the situation in Member States. The Commission would consult further with Member States if this assessment would prompt any recommendations. The Commission has also commissioned an analysis of the business engagement against wildlife trafficking and how best practices could be identified in various sectors. The results of this study should be available by the end of the year. The Chair also reported on ongoing discussions in the UN General Assembly initiated and led by Germany and Gabon for the adoption of a Resolution on the illegal trafficking in wildlife. 12. Anguilla anguilla (COM 71/12) The representative from the Commission informed the Committee about the recent workshop that was organised by ICES in March 2015, and the criteria developed by ICES with regards to the conditions under which a Non-Detriment Finding should be made for the species. He also reported about the important levels of illegal trade in glass eels from the EU to Asia. This had also been discussed at the last meeting of the Enforcement Group. He informed the Group that the Commission envisaged to organise a specific session on this issue at the next meeting of the Enforcement Group. 13. Legality of timber (COM 71/13) Following several discussions at previous meetings, the Commission has tabled for discussion a considerably revised draft document. Its purpose is to ensure a common interpretation of the new provisions in Article 7(6) of Commission Regulation (EC) No 865/2006, as well as to promote cooperation with national authorities in charge of the EU Timber Regulation. Member States were invited to submit comments on the document to the Commission by 15 August 2015. Regarding the information platform elaborated under the EUTR, Member States were invited to contact their colleagues in charge of EUTR to obtain access to the restricted section (http://capacity4dev.ec.europa.eu/home). 2 http://ec.europa.eu/atwork/pdf/planned_commission_initiatives_2015.pdf 6.
14. Application of Article 54 (2) IR 865/2006 for specimens with source code C whose founder stocks were initially exported to a third country when a negative opinion was in place in the EU (COM 71/14) The Committee looked again at the question how to deal with applications for specimens with source code C when the founder stock came from another third country and where a negative opinion was in place for that country at the time. It was clarified that the case of captive-bred Uroplatus species from Ukraine was raised with the view to draw Member States' attention to this specific situation. The Group recognised that any future similar application had to be looked at on a case by case basis. 15. Pericopsis elata / Democratic Republic of the Congo (COM 71/15) As the situation regarding the NDF for this species remained unclear, the SRG decided to maintain the "no opinion" (decision deferred) for this species / country combination. Each application should be assessed on a case-by-case basis, with the proviso that Member States should only accept import applications from the 9 forestry titles (cf Annex 2) for which management inventories were submitted by companies to the DRC forestry administration before 31 October 2014, corresponding to an overall quota of 23 240 m³ for the year 2015. Furthermore, as of 1 January 2015, DRC committed to provide an annex to each permit containing the following information: - references of the contract for the forest concession, - references to the Annual Allowable Cut of the four-year management plan, - references of the felling licence(s), - felling numbers of the trees, as well as any other information demonstrating that the products were legally acquired as necessary. Member States were request to carefully check that this information was provided, and that the timber to be imported into the EU originated from one of the nine abovementioned forestry titles. In addition, Member States should only accept applications for timber that was harvested in 2015, since the quotas for the years 2013 and 2014 had already been fully used. In accordance with CITES Notification 2014/017, Member States should not accept CITES export permits or certificates issued by DRC unless the validity had been confirmed by the Secretariat. Four Member States reported that they had received applications for Pericopsis elata since 1 January 2015. 16. Musical instruments certificate (COM 71/16) The Committee agreed to the draft information note regarding the new EU provisions for musical instruments certificates. The Commission would transmit the document to the CITES Secretariat and ask for the publication of a notification. 7.
17. Debriefing from Operation Cobra III (COM 71/17) The representative from the Commission informed the Committee about this successful operation. Most of the Member States took part in this operation which was facilitated by Europol. The Enforcement Group would continue discussions about lessons learnt and future operations of this kind. 18. Debriefing from the meeting of the European Commission with the Chinese State Forestry Administration The representative from the Commission reported on the recent meeting with the Chinese State Forestry Administration where the issues of ivory, marine and timber species and CoP preparations were discussed. The Commission would explore further with China how to improve the cooperation on ivory and controlled deliveries. The Commission would circulate the summary report of the meeting as soon as available. 19. Any other business 19.1 Import of tiger trophies from South Africa Several Member States had recently received applications for captive-bred tiger trophies from South Africa. The Commission would endeavour to propose a way forward how to deal with such applications. 19.2 Exemption for caviar The CITES Working Group on caviar was currently looking into the question whether the amount allowed under the caviar exemption should be changed and proposed different options. The Committee agreed that the amount under the exemption for caviar should be kept as is, i.e. maximum of 125 grams per person. At the last meeting of the Enforcement Group, the same approach was supported. 19.3 Studies on raw ivory trade and reception conditions for seized animals The Committee was informed that two studies on raw ivory trade and reception conditions for seized animals had recently been launched in one Member State. 8.
Annex 1 ATTENDANCE LIST of the 71 st MANAGEMENT COMMITTEE MEETING ON CITES Brussels, 2 July 2015 MEMBER STATE ORGANISATION PARTICIPANTS BELGIUM Federal Public Service Health, Food Chain and Environment 2 BULGARIA Ministry of Environment and Water 1 CROATIA Ministry of Environment and Nature Protection 1 CZECH REPUBLIC Ministry of the Environment 1 Agency for Nature Conservation 1 CYPRUS Ministry of Agriculture, Natural Resources and Environment 0 DENMARK Ministry of Environment 1 GERMANY Bundesamt für Naturschutz 1 Federal Ministry for the Environment 1 ESTONIA Ministry of Environment 1 IRELAND Department of Arts, Heritage and the Gaeltacht 2 GREECE Ministry of Productive Reconstruction, Environment and Energy 1 SPAIN Ministerio de Economia y Competitividad 1 FRANCE ITALY Ministère de l'écologie et du développement durable Ministero dell'ambiente e della Tutela del Territorio e del Mare 1 4 Corpo Forestale 2 LATVIA Nature Conservation Agency 2 LITHUANIA Ministry of Environment 1 9.
LUXEMBOURG Ministry for sustainable Development and Infrastructures - Environment department 2 HUNGARY Ministry for Rural Development 2 MALTA Environment and Planning Authority 2 NETHERLANDS Ministry of Economic Affairs 2 AUSTRIA Ministry of Agriculture and Forestry, Environment and Water Management 1 POLAND Ministry of Environment 1 PORTUGAL Instituto da Conservação da Natureza 1 ROMANIA Ministry of Environment and Forestry 0 SLOVENIA Ministry of Environment 1 SLOVAKIA Ministry of Environment 1 FINLAND Finnish Environment Institute 1 SWEDEN Swedish Board of Agriculture 1 UNITED KINGDOM Department for Environment, Food & Rural Affairs (DEFRA) 1 10.
Annex 2 Pericopsis elata / Democratic Republic of the Congo List of 9 forestry titles for which management inventories have been submitted by companies to the DRC forestry administration before 31 October 2014, corresponding to an overall quota of 23 240 m³, and from which Member States could accept import applications.