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22.9.2012 Official
Journal
of
the
European
Union L
256/1
II
(Non-legislative acts)
INTERNATIONAL AGREEMENTS
COUNCIL DECISION
of 10 July 2012
establishing the position to be adopted on behalf of the European Union with regard to the
amendments to Annexes II and III to the Protocol concerning Specially Protected Areas and
Biological Diversity in the Mediterranean of the Convention for the Protection of the Marine
Environment and the Coastal Region of the Mediterranean, adopted by the seventeenth meeting
of the Contracting Parties (Paris, France, 8-10 February 2012)
(2012/510/EU)
THE COUNCIL OF THE EUROPEAN UNION,
the decision-making body of the Convention, and the
powers conferred upon it include the capacity to
amend the annexes to the Convention and to its
Having regard to the Treaty on the Functioning of the European
protocols, as required. In accordance with Article 23(2)
Union, and in particular Article 192(1), in conjunction with
of the Barcelona Convention and Article 14(1) of the
Article 218(9) thereof,
Protocol, an amendment to the Annexes to the
Protocol shall become effective for all Contracting
Parties to the Protocol on the expiry of a period
Having regard to the proposal from the European Commission,
determined by the respective Contracting Parties when
adopting the amendment, except for those that have
notified in writing the Depositary that they are unable
to approve the amendment within this period of time.
Whereas:
(3) On
8
February
2012,
the
Commission
transmitted
to
the
(1)
The Union is a Contracting Party to the Convention for
Council a Proposal for a Council Decision establishing
the Protection of the Mediterranean Sea against Pollution,
the position to be adopted on behalf of the European
subsequently renamed Convention for the Protection of
Union with regard to the proposals for amending
the Marine Environment and the Coastal Region of the
Annexes II and III to the Protocol concerning Specially
Mediterranean ( 1 ) (‘the Barcelona Convention’) and a Party
Protected Areas and Biological Diversity in the Mediter
to the Protocol concerning specially protected areas and
ranean of the Convention for the Protection of the
biological diversity in the Mediterranean and the annexes
Marine Environment and the Coastal Region of the Medi
thereto ( 2 ) (‘the Protocol’). Annex II to the Protocol
terranean at the seventeenth meeting of the Contracting
contains the list of endangered and threatened species
Parties (Paris, 8-10 February 2012). Due to the timing of
and Annex III to the Protocol contains the list of
the arrival of the Commission proposal, the Council was
species whose exploitation is regulated.
not able to consider it or act upon it prior to the Meeting
of the Contracting Parties and hence the Union position
and interests could not be expressed or defended in a
(2) In
accordance
with
Article
18
of
the
Barcelona
timely and appropriate manner.
Convention, the meeting of the Contracting Parties is
( 1 ) Council Decision 77/585/EEC of 25 July 1977 concluding the
(4) The
seventeenth
meeting
of
the
Contracting
Parties
to
the
Convention for the protection of the Mediterranean Sea against
Barcelona Convention and its Protocols adopted
pollution and the Protocol for the prevention of the pollution of
amendments to Annexes II and III to the Protocol by
the Mediterranean Sea by dumping from ships and aircraft (OJ
Decision IG.20/5 to provide for greater protection to
L 240, 19.9.1977, p. 1). The amendments to the Convention
ten shark species.
were accepted by Council Decision 1999/802/EC of 22 October
1999 on the acceptance of amendments to the Convention for
the Protection of the Mediterranean Sea against Pollution and to
the Protocol for the Prevention of Pollution by Dumping from
(5) In
accordance
with
Article
23(2)(vi)
of
the
Barcelona
Ships and Aircraft (OJ L 322, 14.12.1999, p. 32).
Convention, an amendment to the Annexes becomes
( 2 ) Council Decision 1999/800/EC of 22 October 1999 on concluding
effective for all Contracting Parties on the expiry of a
the Protocol concerning specially protected areas and biological
diversity in the Mediterranean, and on accepting the annexes to
period determined by the Contracting Parties concerned
that Protocol (Barcelona Convention) (OJ L 322, 14.12.1999, p. 1).
when adopting the amendment, except for those

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L 256/2
EN
Official Journal of the European Union
22.9.2012
Contracting Parties which notify the Depository that they
(d) Leucoraja circularis (Couch, 1838);
are unable to approve the amendment. The seventeenth
meeting of the Contracting Parties determined this period
(e) Leucoraja melitensis (Clark, 1926);
to be 180 days; the deadline for submitting a notification
expires on 8 August 2012. The Union should therefore
(f) Rhinobatos cemiculus (Saint-Hilaire, 1817);
communicate to the Depositary of the Protocol the
(g) Rhinobatos rhinobatos (Linnaeus, 1758);
amendments it does not approve within that deadline.
(6) The
amendments
to
the
Protocol
would
not
require
any (h) Sphyrna lewini (Griffith & Smith, 1834);
change in Union law.
(i) Sphyrna mokarran (Rüppell, 1837);
(7) The
amendments
on
the
addition
of
ten
species
to
Annex
II and their corresponding deletion from Annex III,
(j) Sphyrna zygaena (Linnaeus, 1758).
adopted by the seventeenth meeting of the Contracting
Article 2
Parties, are scientifically sound, consistent with Union
legislation and with the Union’s commitment to inter
The Commission is hereby authorised to notify the Depositary
national cooperation for the protection of biodiversity,
of the Protocol, in writing, that the Union approves the
and in accordance with both Article 5 of the UN
amendments specified in Article 1, in accordance with
Convention on Biological Diversity ( 1 ) and the target
Article 23(2)(iv) of the Barcelona Convention. It shall do so
agreed at the Conference of the Parties to that
before the expiry of the 180-day period from the adoption of
Convention in 2010 to significantly reduce the current
the amendments by the seventeenth meeting of the Contracting
rate of biodiversity loss by 2020. The Union should
Parties.
therefore approve these amendments,
Article 3
HAS ADOPTED THIS DECISION:
This Decision shall enter into force on the date of its adoption.
Article 1
The Union shall approve the amendments to add the following
species to Annex II to the Protocol and to delete them from
Done at Brussels, 10 July 2012.
Annex III:
(a) Galeorhinus galeus (Linnaeus, 1758);
For the Council
(b) Isurus oxyrinchus (Rafinesque, 1810);
The President
(c) Lamna nasus (Bonnaterre, 1788);
V. SHIARLY
( 1 ) Council Decision 93/626/EEC of 25 October 1993 concerning the
conclusion of the Convention on Biological Diversity (OJ L 309,
13.12.1993, p. 1).

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