19.7.1982 EN Official Journal of the European Communities L 210/11 CONVENTION ON THE CONSERVATION OF MIGRATORY SPECIES OF WILD ANIMALS THE CONTRACTING PARTIES, RECOGNIZING that wild animals in their innumerable forms are an irreplaceable part of the earth's natural system which must be conserved for the good of mankind; AWARE that each generation of man holds the resources of the earth for future generations and has an obligation to ensure that this legacy is conserved and, where utilized, is used wisely; CONSCIOUS of the ever-growing value of wild animals from environmental, ecological, genetic, scientific, aesthetic, recreational, cultural, educational, social and economic points of view; CONCERNED particularly with those species of wild animals that migrate across or outside national jurisdictional boundaries; RECOGNIZING that the States are and must be the protectors of the migratory species of wild animals that live within or pass through their national jurisdictional boundaries; CONVINCED that conservation and effective management of migratory species of wild animals require the concerted action of all States within the national jurisdictional boundaries of which such species spend any part of their life cycle; RECALLING Recommendation 32 of the Action Plan adopted by the United Nations Conference on the Human Environment (Stockholm, 1972) and noted with satisfaction by the Twenty-seventh Session of the General Assembly of the United Nations, HAVE AGREED AS FOLLOWS: Article I Interpretation 1. For the purpose of this Convention: (a) ‘migratory species’ means the entire population or any geographically separate part of the population of any species or lower taxon of wild animals, a significant proportion of whose menbers cyclically and predictably cross one or more national jurisdictional boundaries; (b) ‘conservation status of a migratory species’ means the sum of the influences acting on the migratory species that may affect its long-term distribution and abundance; (c) ‘conservation status’ will be taken as ‘favourable’ when: 1. population dynamics data indicate that the migratory species is maintaining itself on a long-term basis as a viable component of its ecosystems; 2. the range of the migratory species is neither currently being reduced, nor is likely to be reduced, on a long-term basis; 3. there is, and will be in the foreseeable future, sufficient habitat to maintain the population of the migratory species on a long-term basis; and 4. the distribution and abundance of the migratory species approach historic coverage and levels to the extent that potentially suitable ecosystems exist and to the extent consistent with wise wildlife management; (d) ‘conservation status’ will be taken as ‘unfavourable’ if any of the conditions set out in subparagraph (c) of this paragraph is not met; (e) ‘endangered’ in relation to a particular migratory species means that the migratory species is in danger of extinction throughout all or a significant portion of its range; (f) ‘range’ means all the areas of land or water that a migratory species inhabits, stays in temporarily, crosses or overflies at any time on its normal migration route; (g) ‘habitat’ means any area in the range of a migratory species which contains suitable living conditions for that species; (h) ‘Range State’ in relation to a particular migratory species means any State (and where appropriate any other party referred to under subparagraph (k) of this paragraph) that exercises jurisdiction over any part of the range of that migratory species, or a State, flag vessels of which are engaged outside national jurisdictional limits in taking that migratory species; (i) ‘taking’ means taking, hunting, fishing, capturing, harassing, deliberate killing, or attempting to engage in any such conduct; (l) ‘Agreement’ means an international agreement relating to the conservation of one or more migratory species as provided for in Articles IV and V of this Convention; and (k) ‘Party’ means a State or any regional economic integration organization constituted by sovereign States which has competence in respect of the negotiation, conclusion and application of international agreements in matters covered by this Convention for which this Convention is in force. 2. In matters within their competence, the regional economic integration organizations which are Parties to this Convention shall in their own name exercise the rights and fulfil the responsibilities which this Convention attributes to their member States. In such cases the member States of these organizations shall not be entitled to exercise such rights individually. 3. Where this Convention provides for a decision to be taken by either a two-thirds majority or a unanimous decision of ‘the Parties present and voting’ this shall mean ‘the Parties present and casting an affirmative or negative vote’. Those abstaining from voting shall not be counted amongst ‘the Parries present and voting’ in determining the majority. Article II Fundamental principles 1. The Parties acknowledge the importance of migratory species being conserved and of Range States agreeing to take action to this end whenever possible and appropriate, paying special attention to migratory species the conservation status of which is unfavourable, and taking individually or in cooperation appropriate and necessary steps to conserve such species and their habitat. 2. The Parties acknowledge the need to take action to avoid any migratory species becoming endangered. 3. In particular, the Parties: (a) should promote, cooperate in our support research relating to migratory species; (b) shall endeavour to provide immediate protection for migratory species included in Appendix I; and (c) shall endeavour to conclude Agreements covering the conservation and management of migratory species included in Appendix II. Article III Endangered migratory species: Appendix I 1. Appendix I shall list migratory species which are endangered. 2. A migratory species may be listed in Appendix I provided that reliable evidence, including the best scientific evidence available, indicates that the species is endangered. 3. A migratory species may be removed from Appendix I when the Conference of the Parties determines that: (a) reliable evidence, including the best scientific evidence available, indicates that the species is no longer endangered, and (b) the species is not likely to become endangered again because of loss of protection due to its removal from Appendix I. 4. Parties that are Range States of a migratory species listed in Appendix I shall endeavour: (a) to conserve and, where feasible and appropriate, restore those habitats of the species which are of importance in removing the species from danger of extinction; (b) to prevent, remove, compensate for or minimize, as appropriate, the adverse effects of activities or obstacles that seriously impede or prevent the migration of the species; and (c) to the extent feasible and appropriate, to prevent, reduce or control factors that are endangering or are likely to further endanger the species, including strictly controlling the introduction of, or controlling or eliminating already introduced, exotic species. 5. Parties that are Range States of a migratory species listed in Appendix I shall prohibit the taking of animals belonging to such species. Exceptions may be made to this prohibition only if: (a) the taking is for scientific purposes; (b) the taking is for the purpose of enhancing the propagation or survival of the affected species; (c) the taking is to accommodate the needs of traditional subsistence users of such species; or (d) extraordinary circumstances so require: provided that such exceptions are precise as to content and limited in space and time. Such taking should not operate to the disadvantage of the species. 6. The Conference of the Parties may recommend to the Parties that are Range States of a migratory species listed in Appendix I that they take further measures considered appropriate to benefit the species. 7. The Parties shall as soon as possible inform the Secretariat of any exceptions made pursuant to paragraph 5 of this Article. Article IV Migratory species to be the subject of Agreements: Appendix II 1. Appendix II shall list migratory species which have an unfavourable conservation status and which require international agreements for their conservation and management, as well as those which have a conservation status which would significantly benefit from the international cooperation that could be achieved by an international agreement. 2. If the circumstances so warrant, a migratory species may be listed both in Appendix I and Appendix II. 3. Parties that are Range States of migratory species listed in Appendix II shall endeavour to conclude Agreements where these would benefit the species and should give priority to those species in an unfavourable conservation status. 4. Parties are encouraged to take action with a view to concluding agreements for any population or any geographically separate part of the population of any species or lower taxon of wild animals, members of which periodically cross one or more national jurisdictional boundaries. 5. The Secretariat shall be provided with a copy of each Agreement concluded pursuant to the provision of this Article. Article V Guidelines for Agreements 1. The object of each Agreement shall be to restore the migratory species concerned to a favourable conservation status or to maintain it in such a status. Each Agreement should deal with those aspects of the conservation and management of the migratory species concerned which serve to achieve that object. 2. Each Agreement should cover the whole of the range of the migratory species concerned and should be open to accession by all Range States of that species, whether or not they are Parties to this Convention. 3. An Agreement should, wherever possible, deal with more than one migratory species. 4. Each Agreement should: (a) identify the migratory species covered; (b) describe the range and migration route of the migratory species; (c) provide for each Party to designate its national authority concerned with the implementation of the Agreement; (d) establish, if necessary, appropriate machinery to assist in carrying out the aims of the Agreement, to monitor its effectiveness, and to prepare reports for the Conference of the Parties; (e) provide for procedures for the settlement of disputes between Parties to the Agreement; and (f) at a minimum, prohibit, in relation to a migratory species of the Order Cetacea, any taking that is not permitted for that migratory species under any other multilateral agreement and provide for accession to the Agreement by States that are not Range States of that migratory species. 5. Where appropriate and feasible, each Agreement should provide for, but not be limited to: (a) periodic review of the conservation status of the migratory species concerned and the identification of the factors which may be harmful to that status; (b) coordinated conservation and management plans; (c) research into the ecology and population dynamics of the migratory species concerned, with special regard to migration; (d) the exchange of information on the migratory species concerned, special regard being paid to the exchange of the results of research and of relevant statistics; (e) conservation and, where required and feasible, restoration of the habitats of importance in maintaining a favourable conservation status, and protection of such habitats from disturbances, including strict control of the introduction of, or control of already introduced, exotic species detrimental to the migratory species; (f) maintenance of a network of suitable habitats appropriately disposed in relation to the migration routes; (g) where it appears desirable, the provision of new habitats favourable to the migratory species or reintroduction of the migratory species into favourable habitats; (h) elimination of, to the maximum extent possible, or compensation for activities and obstacles which hinder or impede migration; (i) prevention, reduction or control of the release into the habitat of the migratory species of substances harmful to that migratory species; (j) measures based on sound ecological principles to control and manage the taking of the migratory species; (k) procedures for coordinating action to suppress illegal taking; (l) exchange of information on substantial threats to the migratory species; (m) emergency procedures whereby conservation action would be considerably and rapidly strengthened when the conservation status of the migratory species is seriously affected; and (n) making the general public aware of the contents and aims of the Agreement. Article VI Range States 1. A list of the Range States of migratory species listed in Appendices I and II shall be kept up to date by the Secretariat using information it has received from the Parties. 2. The Parties shall keep the Secretariat informed as to which of the migratory species listed in Appendices I and II they consider they are Range States; including provision of information on their flag vessels engaged outside national jurisdictional limits in taking the migratory species concerned and where possible future plans in respect of such taking. 3. The Parties which are Range States for migratory species listed in Appendix I or Appendix II should inform the Conference of the Parties through the Secretariat, at least six months prior to each ordinary meeting of the Conference, on measures that they are taking to implement the provisions of this Convention for these species. Article VII The Conference of the Parties 1. The Conference of the Parties shall be the decision-making organ of this Convention. 2. The Secretariat shall call a meeting of the Conference of the Parties not later than two years after the entry into force of this Convention. 3. Thereafter the Secretariat shall convene ordinary meetings of the Conference of the Parties at intervals of not more than three years, unless the Conference decides otherwise, and extraordinary meetings at any time on the written request of at least one-third of the Parties. 4. The Conference of the Parties shall establish and keep under review the financial regulations of this Convention. The Conference of the Parties shall, at each of its ordinary meetings, adopt the budget for the next financial period. Each Party shall contribute to this budget according to a scale to be agreed upon by the Conference. Financial regulations, including the provisions on the budget and the scale of contributions as well as their modifications, shall be adopted by unanimous vote of the Parties present and voting. 5. At each of its meetings the Conference of the Parties shall review the implementation of this Convention and may in particular: (a) review and assess the conservation status of migratory species; (b) review the progress made toward the conservation of migratory species, especially those listed in Appendices I and II; (c) make such provision and provide such guidance as may be necessary to enable the Scientific Council and the Secretariat to carry out their duties; (d) receive and consider any reports presented by the Scientific Council, the Secretariat, any Party or any standing body established pursuant to an Agreement; (e) make recommendations to the Parties for improving the conservation status of migratory species and review the progress being made under Agreements; (f) in those cases where an Agreement has not been concluded, make recommendations for the convening of meetings of the Parties that are Range States of a migratory species or group of migratory species to discuss measures to improve the conservation status of the species; (g) make recommendations to the Parties for improving the effectiveness of this Convention; and (h) decide on any additional measure that should be taken to implement the objects of this Convention. 6. Each meeting of the Conference of the Parties should determine the time and venue of the next meeting. 7. Any meeting of the Conference of the Parties shall determine and adopt rules of procedure for that meeting. Decisions at a meeting of the Conference of the Parties shall require a two-thirds majority of the Parties present and voting, except where otherwise provided for by this Convention. 8. The United Nations, its Specialized Agencies, the International Atomic Energy Agency, as well as any State not a party to this Convention and, for each Agreement, the body designated by the parties to that Agreement may be represented by observers at meetings of the Conference of the Parties. 9. Any agency or body technically qualified in protection, conservation and management of migratory species, in the following categories, which has informed the Secretariat of its desire to be represented at meetings of the Conference of the Parties by observers, shall be admitted unless at least one-third of the Parties present object: (a) international agencies or bodies, either governmental or non-governmental, and national governmental agencies and bodies; and (b) national non-governmental agencies or bodies which have been approved for this purpose by the State in which they are located. Once admitted, these observers shall have the right to participate but not to vote. Article VIII The Scientific Council 1. At its first meeting, the Conference of the Parties shall establish a Scientific Council to provide advice on scientific matters. 2. Any Party may appoint a qualified expert as a member of the Scientific Council. In addition, the Scientific Council shall include as members qualified experts selected and appointed by the Conference of the Parties; the number of these experts, the criteria for their selection and the terms of their appointments shall be as determined by the Conference of the Parties. 3. The Scientific Council shall meet at the request of the Secretariat as required by the Conference of the Parties. 4. Subject to the approval of the Conference of the Parties, the Scientific Council shall establish its own rules of procedure. 5. The Conference of the Parties shall determine the functions of the Scientific Council, which may include: (a) providing scientific advice to the Conference of the Parties, to the Secretariat, and, if approved by the Conference of the Parties, to any body set up under this Convention or an Agreement or to any Party; (b) recommending research and the coordination of research on migratory species, evaluating the results of such research in order to ascertain the conservation status of migratory species and reporting to the Conference of the Parties on such status and measures for its improvement; (c) making recommendations to the Conference of the Parties as to the migratory species to be included in Appendices I or II, together with an indication of the range of such migratory species; (d) making recommendations to the Conference of the Parties as to specific conservation and management measures to be included in Agreements on migratory species; and (e) recommending to the Conference of the Parties solutions to problems relating to the scientific aspects of the implementation of this Convention, in particular with regard to the habitats of migratory species. Article IX The Secretariat 1. For the purposes of this Convention, a Secretariat shall be established. 2. Upon entry into force of this Convention, the Secretariat is provided by the Executive Director of the United Nations Environment Programme. To the extent and in the manner he considers appropriate, he may be assisted by suitable inter-governmental or nongovernmental, international or national agencies and bodies technically qualified in protection, conservation and management of wild animals. 3. If the United Nations Environment Programme is no longer able to provide the Secretariat, the Conference of the Parties shall make alternative arrangements for the Secretariat. 4. The functions of the Secretariat shall be: (a) to arrange for and service meetings: (i) of the Conference of the Parties, and (ii) the Scientific Council; (b) to maintain liaison with and promote liaison between the Parties, the standing bodies set up under Agreements and other international organizations concerned with migratory species; (c) to obtain from any appropriate source reports and other information which will further the objects and implementation of this Convention and to arrange for the appropriate dissemination of such information; (d) to invite the attention of the Conference of the Parties to any matter pertaining to the objectives of this Convention; (e) to prepare for the Conference of the Parties reports on the work of the Secretariat and on the implementation of this Convention; (f) to maintain and publish a list of Range States of all migratory species included in Appendices I and II; (g) to promote, under the direction of the Conference of the Parties, the conclusion of Agreements; (h) to maintain and make available to the Parties a list of Agreements and, if so required by the Conference of the Parties, to provide any information on such Agreements; (i) to maintain and publish a list of the recommendations made by the Conference of the Parties pursuant to subparagraphs (e), (f) and (g) of paragraph.5 of Article VII or of decisions made pursuant to subparagraph (h) of that paragraph; (j) to provide for the general public information concerning this Convention and its objectives; and (k) to perform any other function entrusted to it under this Convention or by the Conference of the Parties. Article X Amendment of the Convention 1. This Convention may be amended at any ordinary or extraordinary meeting of the Conference of the Parties. 2. Proposals for amendment may be made by any Party. 3. The text of any proposed amendment and the reasons for it shall be communicated to the Secretariat at least one hundred and fifty days before the meeting at which it is to be considered and shall promptly be communicated by the Secretariat to all Parties. Any comments on the text by the Parties shall be communicated to the Secretariat not less than sixty days before the meeting begins. The Secretariat shall, immediately after the last day for submission of comments, communicate to the Parties all comments submitted by that day. 4. Amendments shall be adopted by a two-thirds majority of Parties present and voting. 5. An amendment adopted shall enter into force for all Parties which have accepted it on the first day of the third month following the date on which two-thirds of the Parties have deposited an instrument of acceptance with the Depositary. For each Party which deposits an instrument of acceptance after the date on which two-thirds of the Parties have deposited an instrument on acceptance, the amendment shall enter into force for that Party on the first day of the third month following the deposit of its instrument of acceptance. Article XI Amendment of the Appendices 1. Appendices I and II may be amended at any ordinary or extraordinary meeting of the Conference of the Parties. 2. Proposals for amendment may be made by any Party. 3. The text of any proposed amendment and the reasons for it, based on the best scientific evidence available, shall be communicated to the Secretariat at least one hundred and fifty days before the meeting and shall promptly be communicated by the Secretariat to all Parties. Any comments on the text by the Parties shall be communicated to the Secretariat not less than sixty days before the meeting begins. The Secretariat shall, immediately after the last day for submission of comments, communicate to the Parties all comments submitted by that day. 4. Amendments shall be adopted by a two-thirds majority of Parties present and voting. 5. An amendment to the Appendices shall enter into force for all Parties ninety days after the meeting of the Conference of the Parties at which it was adopted, except for those Parties which make a reservation in accordance with paragraph 6 of this Article. 6. During the period of ninety days provided for in paragraph 5 of this Article, any Party may by notification in writing to the Depositary make a reservation with respect to the amendment. A reservation to an amendment may be withdrawn by written notification to the Depositary and thereupon the amendment shall enter into force for that Party ninety days after the reservation is withdrawn. Article XII Effect on international conventions and other legislation 1. Nothing in this Convention shall prejudice the codification and development of the law of the sea by the United Nations Conference on the Law of the Sea convened pursuant to Resolution 2750 C (XXV) of the General Assembly of the United Nations nor the present or future claims and legal views of any State concerning the law of the sea and the nature and extent of coastal and flag State jurisdiction. 2. The provisions of this Convention shall in no way affect the rights or obligations of any Party deriving from any existing treaty, convention or agreement. 3. The provisions of this Convention shall in no way affect the right of Parties to adopt stricter domestic measures concerning the conservation of migratory species listed in Appendices I and II or to adopt domestic measures concerning the conservation of species not listed in Appendices I and II. Article XIII Settlement of disputes 1. Any dispute which may arise between two or more Parties with respect to the interpretation or application of the provisions of this Convention shall be subject to negotiation between the Parties involved in the dispute. 2. If the dispute cannot be resolved in accordance with paragraph 1 of this Article, the Parties may, by mutual consent, submit the dispute to arbitration, in particular that of the Permanent Court of Arbitration at The Hague, and the Parties submitting the dispute shall be bound by the arbitral decision. Article XIV Reservations 1. The provisions of this Convention shall not be subject to general reservations. Specific reservations may be entered in accordance with the provisions of this Article and Article XI. 2. Any State or any regional economic integration organization may, on depositing its instrument of ratification, acceptance, approval or accession, enter a specific reservation with regard to the presence on either Appendix I or Appendix II or both, of any migratory species and shall then not be regarded as a Party in regard to the subject of that reservation until ninety days after the Depositary has transmitted to the Parties notification that such reservation has been withdrawn. Article XV Signature This Convention shall be open for signature at Bonn for all States and any regional economic integration organization until the twenty-second day of June, 1980. Article XVI Ratification, acceptance, approval This Convention shall be subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Government of the Federal Republic of Germany, which shall be the Depositary. Article XVII Accession After the twenty-second day of June 1980 this Convention shall be open for accession by all non-signatory States and any regional economic integration organization. Instruments of accession shall be deposited with the Depositary. Article XVIII Entry into force 1. This Convention shall enter into force on the first day of the third month following the date of deposit of the fifteenth instrument of ratification, acceptance, approval or accession with the Depositary. 2. For each State or each regional economic integration organization which ratifies, accepts or approves this Convention or accedes thereto after the deposit of the fifteenth instrument of ratification, acceptance, approval or accession, this Convention shall enter into force on the first day of the third month following the deposit by such State or such organization of this instrument of ratification, acceptance, approval or accession. Article XIX Denunciation Any Party may denounce this Convention by written notification to the Depositary at any time. The denunciation shall take effect twelve months after the Depositary has received the notification. Article XX Depositary 1. The original of this Convention, in the English, French, German, Russian and Spanish languages, each version being equally authentic, shall be deposited with the Depositary. The Depositary shall transmit certified copies of each of these versions to all States and all regional economic integration organizations that have signed the Convention or deposited instruments of accession to it. 2. The Depositary shall, after consultation with the governments concerned, prepare official versions of the text of this Convention in the Arabic and Chinese languages. 3. The Depositary shall inform all signatory and acceding States and all signatory and acceding regional economic integration organizations and the Secretariat of signatures, deposit of instruments of ratification, acceptance, approval or accession, entry into force of this Convention, amendments thereto, specific reservations and notifications of denunciation. 4. As soon as this Convention enters into force, a certified copy thereof shall be transmitted by the Depositary to the Secretariat of the United Nations for registration and publication in accordance with Article 102 of the Charter of the United Nations. IN WITNESS WHEREOF the undersigned, being duly authorized to that effect, have signed this Convention. DONE at Bonn, 23 June 1979. APPENDIX I INTERPRETATION 1. Migratory species included in this Appendix are referred to: (a) by the name of the species or subspecies; or (b) as being all of the migratory species included in a higher taxon or designated part thereof. 2. Other references to taxa higher than species are for the purposes of information or classification only. 3. The abbreviation ‘(s.I.)’ is to used denote that the scientific name is used in its extended meaning. 4. The symbol ( - ) followed by a number placed against the name of a taxon indicates the exclusion from that taxon of designated geographically separate populations as follows: - 101 Peruvian populations. 5. The symbol ( + ) followed by a number placed against the name of a species denotes that only designated geographically separate populations of that species are included in this Appendix, as follows: + 201 Northwest African populations + 202 African populations + 203 Upper Amazon populations. 6. An asterisk (*) placed against the name of a species indicates that the species or a separate population of that species or a higher taxon which includes that species, is included in Appendix II. MAMMALIA CHIROPTERA Molossidae Tadarida brasiliensis PRIMATES Pongidae Gorilla gorilla beringei CETACEA Balaenopteridae Balaenoptera musculus Megaptera novaeangliae Balaenidae Balaena mysticetus Eubalaena glacialis (s.I.) PINNIPEDIA Phocidae Monachus monachus* PERISSODACTYLA Equidae Equus grevyi ARTIODACTYLA Camelidae Vicugna vicugna* - 101 Cervidae Cervus elaphus barbarus Bovidae Bos sauveli Addax nasomaculatus Gazella cuvieri Gazella dama Gazella dorcas + 201 AVES PROCELLARIIFORMES Diomedeidae Diomedea albatrus Procellariidae Pterodroma cahow Pterodroma phaeopygia CICONIIFORMES Ardeidae Egretta eulophotes Ciconiidae Ciconia boyciana Threskiornithidae Geronticus eremita ANSERIFORMES Anatidae Cbloephaga rubidiceps * FALCONIFORMES Accipitridae Haliaeetus pelagicus * GRUIFORMES Gruidae Grus japonensis* Grus leucogeranus* Grus nigricollis* Olididae Chlamydotis undulata* + 201 CHARADRIIFORMES Scolopacidae Numenius borealis* Numenius benuirostris * Laridae Larus audouinii Larus relictus Larus saundersi Alcidae Synthliboramphus antiquus wumizusume PASSERIFORMES Parulidae Dendroica kirtlandii Fringillidae Serinus syriacus REPTILIA TESTUDINES Cheloniidae Lepidochelys kempii* Dermochelidae Dermochelys coriacea* Pelomedusidae Podocnemis expansa* + 203 CROCODYLIA Gavialidae Gavialis gangeticus PISCES SILURIFORMES Schilbeidae Pangasianodon gigas APPENDIX 11 INTERPRETATION 1. Migratory species included in this Appendix are referred to: (a) by the name of the species or subspecies; or (b) as being all of the migratory species included in a higher taxon or designated part thereof. Unless otherwise indicated, where reference is made to a taxon higher than species, it is understood that all the migratory species within that taxon could significantly benefit from the conclusion of Agreements. 2. The abbreviation ‘spp.’ following the name of a family or genus is used to denote all migratory species within that family or genus. 3. Other references to taxa higher than species are for purposes of information or classification only. 4. The abbreviation ‘(s.I.)’ is used to denote that the scientific name is used in its extended meaning. 5. The symbol ( + ) followed by a number placed against the name of a species or higher taxon denotes that only designated geographically separate populations of that taxon are included in this Appendix as follows: + 201 Asian populations. 6. As asterisk (*) placed against the name of a species or higher taxon indicates that the species or a separate population of that species or one or more species included in that higher taxon, are included in Appendix I. MAMMALIA CETACEA Monodontidae Delphinapterus lencas PROBOSCIDAE Elephantidae Loxodonta africana SIRENIA Dugongidae Dugong dugon PINNIPEDIA Phocidae Monachus monachus * ARTIODACTYLA Camelidae Vicugna vicugna * Bovidae Oryx dammab Gazella gazella + 201 AVES PELECANIFORMES Pelecanidae Pelecanus crispus CICONIIFORMES Ciconia ciconia Ciconiidae Ciconia nigra Threskiornithidae Platalea leucorodia Phoenicopteridae spp. ANSERIFORMES Anatidae spp.* FALCONIFORMES Cathartidae spp. Pandionidae Pandion haliaetus Accipitridae spp.* Falconidae spp. GALLIFORMES Phasianidae Coturnix coturnix coturnix GRUIFORMES Gruidae Grus spp.* Anthropoides virgo Otididae Chlamydotis undulata* + 201 CHARADRIIFORMES Charadriidae spp. Scolopacidae spp.* Recurvirostridae spp. Phalaropodidae spp. PASSERIFORMES Muscicapidae (s.I.) spp. REPTILIA TESTUDINES Cheloniidae spp.* Dermochelyidae spp.* Pelomedusidae Podocnetnis expansa* CROCODYLIA Crocodylidae Crocodilus porosus PISCES ACIPENSERIFORMES Acipenseridae Acipenser fulvescens INSECTA LEPIDOPTERA Danaidae Danaus plexippus

Summary: Convention on the conservation of migratory species of wild animals — Bonn Convention Convention on the conservation of migratory species of wild animals — Bonn Convention SUMMARY OF: Convention on the conservation of migratory species of wild animals Decision 82/461/EEC — conclusion of the convention on the conservation of migratory species of wild animals WHAT IS THE AIM OF THE CONVENTION AND OF THE DECISION? The objective of the Bonn Convention is the conservation of migratory species* of wild animals worldwide. Wild animals require special attention because of their importance from the environmental, ecological, genetic, scientific, recreational, cultural, educational, social and economic points of view. Conservation of migratory species particularly requires international cooperation to ensure protection across their full range*. The decision concludes the convention on behalf of the EEC (now the EU). KEY POINTS The parties to the convention acknowledge the importance of conserving migratory species, and the need to pay special attention to species whose conservation status* is unfavourable. To avoid any migratory species becoming endangered*, the parties must aim to: promote, cooperate in or support research relating to migratory species; andconclude agreements covering the conservation and management of migratory species listed in Appendix II. To protect endangered migratory species, the parties to the convention will aim to: provide immediate protection for migratory species included in Appendix I;conserve or restore the habitats of endangered species;prevent, remove, compensate for or minimise the adverse effects of activities or obstacles that impede the migration of the species; andprevent, reduce or control factors that are endangering or are likely to further endanger the species, as far as feasible and appropriate. Range countries of migratory species must prohibit the taking of animals belonging to species listed in Appendix I, with certain exceptions, such as taking for scientific purposes, or to enhance the breeding or survival of the species. These exceptions must be precise as to content and limited in place and time, and should not operate to the disadvantage of the species. The conservation and management of the species listed in Appendix II may require international agreements. Guidelines for agreements: restore or maintain the migratory species concerned;cover the whole of the range of the migratory species concerned;be open to accession by all range countries, whether or not they are parties to the Convention;where feasible, concern several species. Each agreement must contain the following information: the name of the migratory species concerned;its range and migration route;measures for implementing the agreement;procedures for the settlement of disputes;designation of the authority concerned with the implementation of the agreement. Agreements may also provide for: research into the species;the exchange of information on the migratory species;the restoration or maintenance of a network of suitable habitats for the conservation of the species;periodic review of the conservation status of the species;emergency procedures whereby conservation action would be rapidly strengthened. A different type of agreements are those under Article IV (4) of the Convention. These are not restricted to species listed in Appendix II of the Convention, and may be concluded for any population or any geographically separate part of the population of any species or lower taxon of wild animals, whose members periodically cross one or more national jurisdictional boundaries. The Conference of the Parties is the decision-making body of the convention. It reviews the implementation of the convention and can adopt recommendations. The convention, and its Appendices I and II, can be amended. Any dispute between parties to the convention must be settled by negotiation between the parties involved. If the dispute cannot be resolved by negotiation, it may be submitted to arbitration, in particular that of the Permanent Court of Arbitration at The Hague, whose decision will be binding on the parties. DATE OF ENTRY INTO FORCE The Bonn Convention was signed in 1979 and entered into force on 1 November 1983. BACKGROUND For more information, see: Global biodiversity (European Commission) CMS (Convention on the Conservation of Migratory Species of Wild Animals). KEY TERMS Migratory species: the entire population or any geographically separate part of the population of any species or lower taxon of wild animals a significant proportion of whose members cyclically and predictably cross one or more national jurisdictional boundaries. Range: areas of land or water that a migratory species inhabits, crosses or overflies on its migration route. Conservation status of a migratory species: the sum of the influences acting on the migratory species that may affect its long-term distribution and abundance. Endangered: the migratory species is in danger of extinction throughout all or part of the territory of a country. MAIN DOCUMENTS Convention on the conservation of migratory species of wild animals (OJ L 210, 19.7.1982, pp. 11-22) Council Decision 82/461/EEC of 24 June 1982 on the conclusion of the Convention on the conservation of migratory species of wild animals (OJ L 210, 19.7.1982, p. 10) RELATED DOCUMENTS Council Decision 2006/871/EC of 18 July 2005 on the conclusion on behalf of the European Community of the Agreement on the Conservation of African-Eurasian Migratory Waterbirds (OJ L 345, 8.12.2006, pp. 24-25) Council Decision 98/145/EC of 12 February 1998 on the approval, on behalf of the European Community, of the amendments to Appendices I and II to the Bonn Convention on the conservation of migratory species of wild animals as decided by the fifth meeting of the Conference of the parties to the Convention (OJ L 46, 17.2.1998, pp. 6-7) last update 12.05.2020


EUR-Lex - 31998L0070 - EN Avis juridique important | 31998L0070 Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998 relating to the quality of petrol and diesel fuels and amending Council Directive 93/12/EEC Official Journal L 350 , 28/12/1998 P. 0058 - 0068 DIRECTIVE 98/70/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 13 October 1998 relating to the quality of petrol and diesel fuels and amending Council Directive 93/12/EEC THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 100a thereof,Having regard to the proposal from the Commission (1),Having regard to the opinion of the Economic and Social Committee (2),Acting in accordance with the procedure laid down in Article 189b of the Treaty (3) in the light of the joint text approved on 29 June 1998 by the Conciliation Committee,(1) Whereas disparity between the laws or administrative measures adopted by the Member States on specifications of conventional and alternative fuels used by vehicles equipped with positive-ignition and compression-ignition engines creates barriers to trade in the Community and may thereby directly affect the establishment and functioning of the internal market and the international competitiveness of the European vehicle and refining industries; whereas in accordance with the provisions of Article 3b of the Treaty, it therefore appears necessary to approximate the laws in this field;(2) Whereas Article 100a(3) of the Treaty envisages that Commission proposals aimed at the establishment and functioning of the internal market and concerning, inter alia, health and environmental protection will take as a base a high level of protection;(3) Whereas primary air pollutants such as nitrogen oxides, unburnt hydrocarbons, particulate matter, carbon monoxide, benzenes and other toxic exhaust emissions which contribute to the formation of secondary pollutants such as ozone are emitted in significant amounts through the exhaust and evaporative fumes of motor vehicles thereby posing directly and indirectly a considerable risk to human health and the environment;(4) Whereas despite the increasing stringency of vehicle emission limit values laid down by Council Directive 70/220/EEC (4), and by Council Directive 88/77/EEC (5), further measures to reduce atmospheric pollution caused by vehicles and other sources are necessary in order to achieve satisfactory air quality;(5) Whereas Article 4 of Directive 94/12/EC of the European Parliament and of the Council (6) introduced a new approach with regard to emission reduction policies for and beyond the year 2000 and required the Commission to examine, inter alia, the contribution that improvements in the quality of petrol and diesel and other fuels could make to reducing air pollution;(6) Whereas, in addition to an initial stage of fuel specifications beginning in the year 2000, provision must be made for a second stage, to come into effect in 2005, to enable the industry to make the necessary investments to adapt its production plans;(7) Whereas petrol and diesel fuel complying with the specifications set out in Annexes I, II, III and IV are already available on the market in the European Community;(8) Whereas the European auto/oil programme, the details of which are outlined in the Commission's communication on a future strategy for the control of atmospheric emissions from road transport, contributes towards a scientific, technical and economic basis for recommending the introduction at Community level of new environmental fuel specifications for petrol and diesel fuels;(9) Whereas the introduction of environmental fuels specifications for petrol and diesel fuels is an important element of the cost-effective package of Europe-wide and national/regional/local measures that should be put into effect, taking into account the costs and benefits of any action;(10) Whereas the implementation of a combination of Europe-wide and national/regional/local measures to reduce vehicle emissions is part of the Commission's overall strategy to reduce air emissions from mobile and stationary sources in a way that is balanced and meets cost-benefit criteria;(11) Whereas it is necessary to obtain in the short term a reduction, in particular in urban areas, of polluting vehicle emissions, including primary pollutants such as unburnt hydrocarbons and carbon monoxide, secondary pollutants such as ozone, toxic emissions such as benzene and particle emissions; whereas the reduction of polluting vehicle emissions in urban areas can be immediately achieved on motor vehicles through changes in fuel composition;(12) Whereas the incorporation of oxygen and the significant reduction in aromatics, olefins, benzene and sulphur can permit better fuel quality to be obtained from an air quality standpoint;(13) Whereas the provisions of Council Directive 92/81/EEC of 19 October 1992 on the harmonisation of the structures of excise duties on mineral oils (7), and in particular Article 8(4) thereof, discourage and may prevent Member States from operating excise tax differentiation designed to accelerate fuel quality above Community-wide fuel specifications;(14) Whereas the use by Member States of differentiated excise taxation can encourage the introduction of more advanced fuels in line with national priorities, capacity and requirements;(15) Whereas the Commission has brought forward a proposal for an Energy Products Directive; whereas this proposal has the objective of, inter alia, permitting Member States to make more active use of fiscal incentives through differentiated excise taxation, so as to facilitate the introduction of more advanced fuels;(16) Whereas fuel specifications aiming at the reduction of both exhaust and evaporative emissions are generally lacking;(17) Whereas atmospheric pollution by lead arising from the combustion of leaded petrol constitutes a risk for human health and the environment; whereas it is a great step forward that by 2000 virtually all petrol-driven road vehicles will be able to run on unleaded petrol and whereas therefore it is appropriate to restrict severely the marketing of leaded petrol;(18) Whereas the need for vehicle emission reduction and the availability of the necessary refinery technology justify the setting of environmental fuel specifications for the marketing of unleaded petrol and diesel fuels;(19) Whereas it seems appropriate to provide for the availability of two types of diesel and petrol fuel, one of which would be a higher-quality diesel and one of which would be a higher quality petrol; whereas it is appropriate for this higher quality diesel or petrol to replace diesel or petrol of lower quality on the market by 2005; whereas, however, appropriate provision should be made for such replacement to be delayed when application of the date of 2005 in a Member State would cause severe difficulties for its industries in making the necessary changes in its manufacturing facilities;(20) Whereas, in order to protect human health and/or the environment in specific agglomerations or in specific ecologically sensitive areas with special problems of air quality, Member States should be permitted, subject to a procedure established in this Directive, to require that fuels may be marketed only if they comply with more stringent environmental specifications than established under this Directive; whereas this procedure is a derogation from the information procedure laid down in Directive 98/34/EC of 22 June 1998 of the European Parliament and of the Council laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on information society services (8);(21) Whereas, in order to ensure compliance with the fuel quality standards required under this Directive, Member States should introduce monitoring systems; whereas such monitoring systems should be based on common procedures for sampling and testing and whereas information on fuel quality collected by Member States should be communicated to the Commission according to a common format;(22) Whereas, on the basis of a comprehensive assessment, the Commission is to submit a proposal complementing the mandatory specifications for petrol and diesel fuels referred to in Annexes III and IV to be applied as from 1 January 2005; whereas the Commission's proposal may, as appropriate, also set down environmental specifications for other types of fuel such as liquid petroleum gas, natural gas and biofuels; whereas captive vehicle fleets exist (buses, taxis, commercial vehicles, etc.) which are responsible for a large proportion of urban pollution and would benefit from separate specifications;(23) Whereas further developments with regard to reference methods for measuring the specifications set out in this Directive may be desirable in the light of scientific and technical progress; whereas to this end, provisions should be made in order to adapt the Annexes to this Directive to technical progress;(24) Whereas Council Directive 85/210/EEC of 20 March 1985 on the approximation of the laws of the Member States concerning the lead content of petrol (9), Council Directive 85/536/EEC of 5 December 1985 relating to crude-oil savings through the use of substitute fuel components in petrol (10), and Article 1(1)(b) and Article 2(1) of Council Directive 93/12/EEC of 23 March 1993 relating to the sulphur content of certain liquid fuels (11), should be repealed accordingly;(25) Whereas the transitional measures for Austria referred to in Article 69 of the 1994 Act of Accession include Article 7 of Directive 85/210/EEC; whereas the application of this transitional measure should, for specific reasons of the protection of the environment, be prolonged until 1 January 2000;(26) Whereas a modus vivendi between the European Parliament, the Council and the Commission concerning the implementing measures for acts adopted in accordance with the procedure laid down in Article 189b of the Treaty (12) was concluded on 20 December 1994,HAVE ADOPTED THIS DIRECTIVE:Article 1 Scope This Directive sets technical specifications on health and environmental grounds for fuels to be used for vehicles equipped with positive-ignition and compression-ignition engines.Article 2 Definitions For the purpose of this Directive:1. 'petrol` means any volatile mineral oil intended for the operation of internal combustion positive-ignition engines for the propulsion of vehicles and falling within CN codes 2710 00 27, 2710 00 29, 2710 00 32, 2710 00 34 and 2710 00 36;2. 'diesel fuels` means gas oils falling within CN codes 2710 00 66 and used for self-propelling vehicles as referred to in Directive 70/220/EEC and Directive 88/77/EEC.For gas oils used for engines in non-road mobile machinery and agricultural tractors Member States may require the same sulphur content as defined for diesel fuels in this Directive or the sulphur content as defined for diesel fuels in Directive 93/12/EEC.Article 3 Petrol 1. No later than 1 January 2000, Member States shall prohibit the marketing of leaded petrol within their territory.2. (a) Member States shall ensure that, no later than 1 January 2000, unleaded petrol can be marketed within their territory only if it complies with the environmental specifications set out in Annex I.(b) Without prejudice to the provisions of subparagraph (a), Member States shall, from 1 January 2000, permit the marketing within their territory of unleaded petrol complying with the specifications of Annex III.(c) Member States shall also ensure that, no later than 1 January 2005, unleaded petrol can be marketed within their territory only if it complies with the environmental specifications set out in Annex III.3. By way of derogation from paragraph 1, a Member State may be allowed, on a request to be submitted to the Commission no later than 31 August 1999, to continue to permit the marketing of leaded petrol, until at the latest 1 January 2005, if it can demonstrate that the introduction of a ban would result in severe socioeconomic problems or would not lead to overall environmental or health benefits because of, inter alia, the climatic situation in that Member State.The lead content of leaded petrol shall not exceed 0,15 g/l and the benzene content shall comply with the specifications in Annex I. The other values of the specifications may remain unchanged compared to the present situation.4. Notwithstanding the provisions of paragraph 2, a Member State may be authorised, on a request to be submitted to the Commission no later than 31 August 1999, to continue to permit the marketing within its territory, until at the latest 1 January 2003, of unleaded petrol with a sulphur content which does not comply with the specification for sulphur content in Annex I but which does not exceed the current content, if it can demonstrate that severe difficulties would ensue for its industries in making the necessary changes in their manufacturing facilities during the period of time between the date of adoption of this Directive and 1 January 2000.5. Notwithstanding the provisions of paragraph 2, a Member State may be authorised, on a request to be submitted to the Commission no later than 31 August 2003, to continue to permit the marketing within its territory, until at the latest 1 January 2007, of unleaded petrol with a sulphur content which does not comply with Annex III but which does comply with Annex I, if it can demonstrate that severe difficulties would ensue for its industries in making the necessary changes in their manufacturing facilities during the period of time between the date of adoption of this Directive and 1 January 2005.6. The Commission may authorise the derogations referred to in paragraphs 3, 4 and 5 in accordance with the Treaty.The Commission shall notify the Member States and inform the European Parliament and the Council of its decision.7. Notwithstanding paragraph 1, Member States may continue to permit the marketing of small quantities of leaded petrol with the specifications mentioned in the second subparagraph of paragraph 3 to a maximum of 0,5 % of total sales to be used by old vehicles of a characteristic nature and to be distributed through special interest groups.Article 4 Diesel fuel 1. (a) Member States shall ensure that, no later than 1 January 2000, diesel fuel can be marketed within their territory only if it complies with the environmental specifications set out in Annex II.(b) Without prejudice to the provisions of subparagraph (a), Member States shall, from 1 January 2000, permit the marketing within their territory of diesel fuel complying with the specifications of Annex IV.(c) Member States shall also ensure that, no later than 1 January 2005, diesel fuel can be marketed within their territory only if it complies with the environmental specifications set out in Annex IV.2. Notwithstanding the provisions of paragraph 1, a Member State may be authorised, on a request to be submitted to the Commission no later than 31 August 1999, to continue to permit the marketing within its territory, until at the latest 1 January 2003, of diesel fuel with a sulphur content which does not comply with the specification for sulphur content in Annex II but which does not exceed the current content, if it can demonstrate that severe difficulties would ensue for its industries in making the necessary changes in their manufacturing facilities during the period of time between the date of adoption of this Directive and 1 January 2000.3. Notwithstanding the provisions of paragraph 1, a Member State may be authorised, on a request to be submitted to the Commission no later than 31 August 2003, to continue to permit the marketing within its territory, until at the latest 1 January 2007, of diesel fuel with a sulphur content which does not comply with Annex IV but which does comply with Annex II, if it can demonstrate that severe difficulties would ensue for its industries in making the necessary changes in their manufacturing facilities during the period of time between the date of adoption of this Directive and 1 January 2005.4. The Commission may authorise the derogations referred to in paragraphs 2 and 3 in accordance with the Treaty.The Commission shall notify the Member States and inform the Council and the European Parliament of its decision.Article 5 Free circulation No Member State may prohibit, restrict or prevent the placing on the market of fuels which comply with the requirements of this Directive.Article 6 Marketing of fuels with more stringent environmental specifications 1. By way of derogation from Articles 3, 4 and 5, Member States may require that in specific areas fuels may only be marketed if they comply with more stringent environmental specifications than those provided for in this Directive for all or part of the vehicle fleet with a view to protecting the health of the population in a specific agglomeration or the environment in a specific ecologically sensitive area in a Member State, if atmospheric pollution constitutes or may reasonably be expected to constitute a serious and recurrent problem for human health or the environment.2. A Member State wishing to make use of a derogation provided for in paragraph 1 shall submit its request in advance, including the justification for it, to the Commission. The justification shall include evidence that the derogation respects the principle of proportionality and that it will not disrupt the free movements of persons and goods.3. The Member States involved shall provide the Commission with data on ambient air quality for the area in question a well as the predicted effects on air quality of the measures proposed.4. The Commission shall provide this information to the other Member States without delay.5. Member States may give their comments on the request and its justification within two months of the date of the Commission's provision of information.6. The Commission shall take a decision on the request of Member States within three months after the date on which Member States have submitted their comments. The Commission will take Member States' comments into account and will notify them of its decision and inform the European Parliament and the Council at the same time.7. Any Member State may refer the Commission's decision to the Council within one month of its notification or, in the case of a non-decision, refer the matter to the Council within one month of the expiry of the period referred to in paragraph 6.8. The Council, acting by a qualified majority, may take a different decision within two months of the matter being referred to it.Article 7 Change in supply of crude oils If, as a result of exceptional events, a sudden change in the supply of crude oils or petroleum products renders it difficult for the refineries in a Member State to respect the fuel specification requirements of Articles 3 and 4, that Member State shall inform the Commission thereof. The Commission, after informing the other Member States, may authorise higher limit values in that Member State for one or more fuel components for a period not exceeding six months.The Commission shall notify the Member States and inform the European Parliament and the Council of its decision.Any Member State may refer the Commission's decision to the Council within one month of its notification.The Council, acting by a qualified majority, may take a different decision within one month of the matter being referred to it.Article 8 Monitoring compliance and reporting 1. Member States shall monitor compliance with the requirements of Articles 3 and 4 on the basis of the analytical methods set out in Annex I and II.2. The Commission will promote the development of a uniform system for fuel quality monitoring. The Commission may for the purpose of developing such a system request the assistance of the European Committee for Standardisation.3. The Commission shall establish a common format for the submission of a summary of national fuel quality data no later than 30 June 2000.4. Each year by 30 June Member States shall submit their summary for the preceding calendar year to the Commission for the first time by 30 June 2002.Article 9 Review process 1. The Commission shall, periodically and for the first time not later than 12 months from the date of adoption of this Directive but in any event not later than 31 December 1999, and in the light of the assessment carried out in accordance with the requirements of Article 3 of Directive 98/69/EC of the European Parliament and of the Council of 13 October 1998 relating to measures to be taken against air pollution by emissions from motor vehicles and amending Council Directive 70/220/EEC (13), submit to the European Parliament and the Council a proposal for a revision of this Directive as an integral part of the strategy designed to produce effects to meet the requirements of the Community air quality standards and related objectives.2. The proposal shall contain environmental specifications complementing the mandatory specifications stipulated in Annex III for petrol and Annex IV for diesel fuels on the basis, inter alia, of accumulated knowledge concerning requirements on emission reductions related to air quality, the effective functioning of new pollution abatement technologies and developments affecting international fuel markets.3. In addition to the provisions of paragraphs 1 and 2, the Commission may, inter alia, bring forward- proposals taking into consideration the particular situation of captive fleets and the need to propose levels of specifications for the special fuels they use,- proposals setting levels of specifications applicable to liquid petroleum gas, natural gas and biofuels.Article 10 Procedure for adaptation to technical progress Any amendments which are necessary in order to adapt the measuring methods as laid down in the right hand section ('tests`) of Annexes I, II, III and IV to this Directive, to take account of technical progress, shall be adopted by the Commission assisted by the Committee established in accordance with Article 12 of Directive 96/62/EC (14) and in accordance with the procedure laid down in Article 11 of this Directive.Such adaptation must not result in any direct or indirect modification of the limit values laid down in this Directive or to any change in the dates from which they apply.Article 11 Committee procedure 1. The representative of the Commission shall submit to the committee referred to in Article 10 a draft of the measures to be taken. The committee shall deliver its opinion on the draft within a time limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148(2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the committee shall be weighted in the manner set out in that Article. The chairman shall not vote.2. The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the committee.If the measures envisaged are not in accordance with the opinion of the committee, or if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal relating to the measures to be taken. The Council shall act by a qualified majority.If, on the expiry of three months from the date of referral to the Council, the Council has not acted, the proposed measures shall be adopted by the Commission.Article 12 Repeal and amendment of the Directives related to the fuel quality of petrol and diesel fuels 1. Directives 85/210/EEC, 85/536/EEC and 87/441/EEC are repealed as from 1 January 2000.2. Directive 93/12/EEC is amended by deleting Article 1(1)(b) and Article 2(1) as from 1 January 2000.Article 13 Transposition into national legislation 1. Member States shall adopt and publish the laws, regulations and administrative provisions necessary to comply with this Directive not later than 1 July 1999. They shall immediately inform the Commission thereof.Member States shall apply these measures from 1 January 2000.When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.2. Member States shall communicate to the Commission the texts of the main provisions of domestic law which they adopt in the field covered by this Directive.Article 14 Austria Article 7 of Directive 85/210/EEC, as far as the benzene content of petrol referred to in Article 4 of that Directive is concerned, shall, until 1 January 2000, not apply to Austria.Article 15 Entry into force of the Directive This Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 16 Addressees This Directive is addressed to the Member States.Done at Luxembourg, 13 October 1998.For the European ParliamentThe PresidentJ.M. GIL-ROBLESFor the CouncilThe PresidentC. EINEM(1) OJ C 77, 11.3.1997, p. 1 and OJ C 209, 10.7.1997, p. 25.(2) OJ C 206, 7.7.1997, p. 113.(3) Opinion of the European Parliament of 10 April 1997 (OJ C 132, 28.4.1997, p. 170), Council Common Position of 7 October 1997 (OJ C 351, 19.11.1997, p. 1) and Decision of the European Parliament of 18 February 1998 (OJ C 80, 16.3.1998, p. 92). Decision of the European Parliament of 15 September 1998 (OJ C 313, 12.10.1998). Decision of the Council of 17 September 1998.(4) OJ L 76, 6.4.1970, p. 1. Directive as last amended by Directive 98/69/EC of the European Parliament and of the Council (see page 1 of this Official Journal).(5) OJ L 36, 9.2.1988, p. 33. Directive as last amended by Directive 96/1/EC of the European Parliament and of the Council (OJ L 40, 17.2.1996, p. 1).(6) OJ L 100, 19.4.1994, p. 42.(7) OJ L 316, 31.10.1992, p. 12. Directive as last amended by Directive 94/74/EC (OJ L 365, 31.12.1994, p. 46).(8) OJ L 204, 21.7.1998, p. 37. Directive as amended by Directive 98/48/EC (OJ L 217, 5.8.1998, p. 18).(9) OJ L 96, 3.4.1985, p. 25. Directive as last amended by the 1994 Act of Accession.(10) OJ L 334, 12.12.1985, p. 20. Directive as amended by Commission Directive 87/441/EEC (OJ L 238, 21.8.1987, p. 40).(11) OJ L 74, 27.3.1993, p. 81.(12) OJ C 102, 4.4.1996, p. 1.(13) See page 1 of this Official Journal.(14) OJ L 296, 21.11.1996, p. 55.ANNEX I ENVIRONMENTAL SPECIFICATIONS FOR MARKET FUELS TO BE USED FOR VEHICLES EQUIPPED WITH POSITIVE-IGNITION ENGINES >TABLE>ANNEX II ENVIRONMENTAL SPECIFICATIONS FOR MARKET FUELS TO BE USED FOR VEHICLES EQUIPPED WITH COMPRESSION IGNITION ENGINES >TABLE>ANNEX III ENVIRONMENTAL SPECIFICATIONS FOR MARKET FUELS TO BE USED FOR VEHICLES EQUIPPED WITH POSITIVE IGNITION ENGINES >TABLE>ANNEX IV ENVIRONMENTAL SPECIFICATIONS FOR MARKET FUELS TO BE USED FOR VEHICLES EQUIPPED WITH COMPRESSION IGNITION ENGINES >TABLE>Commission statements Re Article 3(5) and Article 4(3) When examining requests for derogations under Article 3(5) and Article 4(3), the Commission will verify whether the derogation is compatible with Community law, including competition law, taking account of the availability in the Community of sufficient quantities of fuels of a satisfactory quality.Re the European Parliament's Amendment No 18 The Commission recognises the importance of fiscal incentive measures to encourage the use of improved fuels. It will take due account of this when implementing Council Directive 92/81/EEC and will ensure, within the limits of its powers, that the relevant provisions of that Directive are implemented rapidly.

Summary: Quality of petrol and diesel fuels: sulphur and lead Quality of petrol and diesel fuels: sulphur and lead SUMMARY OF: Directive 98/70/EC on the quality of petrol and diesel fuels WHAT IS THE AIM OF THE DIRECTIVE? It sets EU-wide standards for petrol and diesel used in cars, trucks and other off-road vehicles to protect human health and the environment, including a ban on lead in petrol and a limit of sulphur content in diesel fuels. It requires fuel suppliers to gradually reduce life cycle greenhouse gas emissions from fuel or energy supplied by 6% by 2020 compared to a 2010 fossil fuel baseline. It impacts the blending of alternative fuels of non-fossil origin in petrol and diesel blends used in road transport, as well as to gas oils used in non-road mobile machinery*, agricultural and forestry tractors, inland waterborne and recreational crafts when not at sea. KEY POINTS Petrol EU countries can only place on the market petrol that complies with the specifications in Annex I of the directive. These specifications are used when marketing petrol sold in the EU. EU countries can only market petrol with very small quantities of lead for use only by old vehicles. The lead content can be no higher than 0.15g/l, and can only constitute a maximum of 0.03% of total sales. Certain EU countries have the option of placing on the market petrol with higher vapour pressure during the summer if the ambient temperature is low or if there are higher blends of ethanol in the petrol (which results in lower vapour pressure). The European Commission must assess the duration and desirability of these exceptions. Diesel EU countries can only place on the market diesel that complies with the Annex II. These specifications are used when marketing diesel sold in the EU. If all other requirements in Annex II are met, EU countries can introduce diesel with higher fatty-acid methyl esters (FAME), which are the primary molecules in biodiesel fuel. The sulphur content of diesel must not exceed 10mg/kg. Some exceptions to this rule are possible for remote regions and for EU countries with severe winter weather. GHG emissions reductions EU countries designate the responsibility to fuel suppliers for annual monitoring and reporting on GHG life-cycle emissions* from fuel. Fuel suppliers have to gradually reduce life cycle GHG emissions by up to 10% by 31 December 2020, compared with the fuel baseline standard (set out in Annex II to Council Directive (EU) 2015/652). That reduction consists of a mandatory 6% reduction target by 31 December 2020, an indicative additional target of 2% by 31 December 2020 to be achieved through the type of energy supplied for transport and/or the use of any technology (including carbon capture and storage) capable of reducing life cycle greenhouse gas emissions per unit of energy from fuel or energy supplied; and an indicative additional target of 2% by the same date to be achieved through the use of credits purchased through the Clean Development Mechanism of the Kyoto Protocol. Reporting Each year, by 31 August, EU countries must submit information regarding their national fuel quality and the reduction of the greenhouse gas intensity of petrol and diesel fuels supplied to road transport, to non-road mobile machinery in a report that collects all the relevant data from the previous calendar year. The data must be collected from a fuel quality monitoring system in line with relevant EU standards. By 31 August each year, each EU country must submit information according to Article 8(1) and 7a of Directive 98/70/EC (as amended). Article 8(1) requires a summary of fuel quality monitoring data collected during the period January to December of the previous calendar year.Article 7a imposes requirements on fuel suppliers to reduce the greenhouse gas intensity of energy supplied for road transport. Each year by 31 December, EU countries must submit information regarding their progress. FROM WHEN DOES THE DIRECTIVE APPLY? It had to become law in the EU countries by 1 July 1999. EU countries had to apply the rules as of 1 January 2000. BACKGROUND For more information, see: Transport emissions (European Commission) Fuel quality (European Commission). KEY TERMS Non-road mobile machinery: a large number of engine installations in machines used for purposes other than transporting goods or passengers, such as bulldozers, compressors, back loaders, or front loaders. GHG life-cycle emissions reporting: reporting on the emissions of CO2, CH4 and N2O from the extraction, processing and distribution of the fuels. MAIN DOCUMENT Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998 relating to the quality of petrol and diesel fuels and amending Council Directive 93/12/EEC (OJ L 350, 28.12.1998, pp. 58-68) Successive amendments to Directive 98/70/EC have been incorporated into the original text. This consolidated version is of documentary value only. RELATED DOCUMENTS Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council (OJ L 328, 21.12.2018, pp. 1-77) Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (recast) (OJ L 328, 21.12.2018, pp. 82-209) Council Directive (EU) 2015/652 of 20 April 2015 laying down calculation methods and reporting requirements pursuant to Directive 98/70/EC of the European Parliament and of the Council relating to the quality of petrol and diesel fuels (OJ L 107, 25.4.2015, pp. 26-67) Commission Regulation (EU) No 1307/2014 of 8 December 2014 on defining the criteria and geographic ranges of highly biodiverse grassland for the purposes of Article 7b(3)(c) of Directive 98/70/EC of the European Parliament and of the Council relating to the quality of petrol and diesel fuels and Article 17(3)(c) of Directive 2009/28/EC of the European Parliament and of the Council on the promotion of the use of energy from renewable sources (OJ L 351, 9.12.2014, pp. 3-5) Commission Recommendation 2005/27/EC of 12 January 2005 on what, for the purposes of Directive 98/70/EC of the European Parliament and of the Council concerning petrol and diesel fuels, constitutes availability of unleaded petrol and diesel fuel with a maximum sulphur content on an appropriately balanced geographical basis (OJ L 15, 19.1.2005, pp. 26-29) last update 19.09.2019


26.7.2008 EN Official Journal of the European Union L 198/1 COUNCIL REGULATION (EC) No 717/2008 of 17 July 2008 establishing a Community procedure for administering quantitative quotas (Codified version) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof, Having regard to the proposal from the Commission, Whereas: (1) Council Regulation (EC) No 520/94 of 7 March 1994 establishing a Community procedure for administering quantitative quotas (1) has been substantially amended several times (2). In the interests of clarity and rationality the said Regulation should be codified. (2) Under Article 14 of the Treaty, the internal market comprises, since 1 January 1993, an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured. (3) A system for administering quantitative quotas should therefore be established in line with that objective and based on the principle of a uniform common commercial policy, in accordance with the guidelines laid down by the Court of Justice of the European Communities. (4) There should be a choice between several allocation methods, depending on criteria such as the situation of the Community market, the type of product concerned, specific characteristics of the supplier countries and the Community’s international obligations, particularly those which undertake to allow for traditional trade flows. (5) Flexibility should be allowed in the redistribution of the quantities that are not allocated, assigned or used. However, to avoid possible excessive accumulation of imports, the question of whether such a redistribution after the end of the quota period is appropriate should be examined on a case-by-case basis and the relevant arrangements decided on, notably with regard to the period of validity of licences, taking into account the type of product in question and the purpose for which the quotas concerned were introduced. (6) The administration of import and export quotas should be based on a system of licences issued by the Member States in line with quantitative criteria established at Community level. (7) The administrative procedure should ensure that all applicants have fair access to quotas, and the documents issued should be such that they can be used throughout the Community. (8) If unused quantities are to be redistributed as efficiently as possible, reliable and full information is needed on the actual use made of import licences issued. For that purpose, all import licences, whether used or unused, should have to be returned to the competent national authorities within 10 working days of their expiry date at the latest. (9) The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (3). (10) The provisions of this Regulation and those governing its implementation should not prejudice existing national and Community rules concerning professional secrecy. (11) The products listed in Annex I to the Treaty, together with textiles and other products that are subject to specific common import arrangements laying down specific provisions as regards quota administration should be excluded from the scope of this Regulation, HAS ADOPTED THIS REGULATION: CHAPTER I GENERAL ADMINISTRATIVE PRINCIPLES Article 1 1. This Regulation establishes the rules governing the administration of quantitative import and export quotas, hereinafter referred to as ‘quotas’, whether autonomous or conventional, established by the Community. 2. This Regulation shall not apply to products listed in Annex I to the Treaty, nor to other products that are subject to specific common import or export arrangements laying down special provisions for quota administration. Article 2 1. Quotas shall be allocated among applicants as soon as possible after they have been opened. It may be decided, in accordance with the procedure referred to in Article 22(2), to allocate them in several tranches. 2. Quotas may, inter alia, be administered using one of the following methods, or a combination of those methods: (a) a method based on traditional trade flows, in accordance with Articles 6 to 11; (b) a method based on the order in which applications are submitted (on a ‘first come, first served’ basis), in accordance with Article 12; (c) a method allocating quotas in proportion to the quantities requested when the applications are submitted (using the ‘simultaneous examination’ procedure), in accordance with Article 13. 3. The allocation method to be used shall be determined in accordance with the procedure referred to in Article 22(2). 4. If it is apparent that none of the methods indicated in paragraph 2 of this Article is appropriate to the specific requirements of a quota which has been opened, any other appropriate method shall be determined in accordance with the procedure referred to in Article 22(2). 5. Quantities that are not allocated, assigned or used shall be redistributed in accordance with Article 14 in time to allow them to be used before the end of the period covered by the quota. If it is found that it has not been possible to redistribute such quantities in time, their possible redistribution during the following quota period shall be decided on a case-by-case-basis, in accordance with the procedure referred to in Article 22(2). 6. Save where other provisions are adopted when the quota is set, the release for free circulation or export of products subject to quotas shall be conditional on the presentation of an import or export licence issued by the Member States in accordance with this Regulation. 7. Member States shall designate the administrative authorities competent to carry out implementing measures for which they are responsible under this Regulation. They shall notify the Commission of the authority thus designated. Article 3 The Commission shall publish a notice announcing the opening of quotas in the Official Journal of the European Union, setting out the allocation method chosen, the conditions to be met by licence applications, time limits for submitting them and a list of the competent national authorities to which they must be sent. Article 4 1. All Community importers and exporters, no matter where they are established in the Community, may submit a single licence application for each quota or tranche of a quota to the competent authority of the Member State of their choice, drawn up in the official language or languages of the Member State concerned. Where a quota is limited to one or several regions of the Community, the application shall be made to the competent authorities in the Member State(s) of the region(s) in question. 2. Applications for licences shall be submitted in accordance with the arrangements determined in accordance with the procedure referred to in Article 22(2). Article 5 The Commission shall ensure that the licences to be issued are for economically significant quantities, having regard to the nature of the product covered by the quota. CHAPTER II SPECIFIC RULES FOR THE DIFFERENT ADMINISTRATIVE METHODS SECTION A Method based on traditional trade flows Article 6 1. Where quota allocation takes account of traditional trade flows, one portion of the quota shall be reserved for traditional importers or exporters while the other shall be set aside for other importers or exporters. 2. Importers or exporters shall be deemed to be traditional if they are able to demonstrate that in the course of a previous period, to be known as ‘the reference period’ they have imported into the Community or exported from it the product or products covered by the quota. 3. The portion set aside for traditional importers or exporters, the reference period and the portion allocated to other applicants shall be determined in accordance with the procedure referred to in Article 22(2). 4. The allocation shall be carried out in accordance with the principles set out in Articles 7 to 11. Article 7 To qualify for the allocation of the part of the quota set aside for them, and to provide evidence of the imports or exports carried out during the reference period, traditional importers or exporters shall enclose with their licence applications: — a certified copy of the original of the entry for free circulation or export declaration made out in the name of the importer or exporter concerned or, where applicable, that of the operator whose activities they have taken over, — any equivalent evidence, as determined in accordance with the procedure referred to in Article 22(2). Article 8 Member States shall, within the period laid down in the notice opening the quota concerned, inform the Commission of the number and the aggregate amount of the import or export applications, broken down into those from traditional importers or exporters and other importers or exporters, and of the amount of the previous imports or exports carried out by the applicants during the reference period. Article 9 The Commission shall examine the information provided by the Member States at the same time and shall establish the quantitative criteria according to which traditional importers’ or exporters’ applications are to be met as follows: (a) where aggregate applications are equal to or less than the amount set aside for traditional importers or exporters, applications shall be met in full; (b) where aggregate applications exceed the amount set aside for traditional importers or exporters, applications shall be met on a pro rata basis, calculated in accordance with each applicant’s share of the total reference imports or exports; (c) where the use of this quantitative criterion would entail allocating amounts greater than those applied for, the excess quantities shall be reassigned following the procedure laid down in Article 14. Article 10 The portion of the quota set aside for non-traditional importers or exporters shall be allocated in accordance with Article 12. Article 11 Where no applications are received from traditional importers or exporters, the importers or exporters that do apply shall have access to the whole quota or tranche concerned. In such cases, the allocation shall be carried out following the procedure laid down in Article 12. SECTION B Method based on the order in which applications are submitted Article 12 1. Where a quota or tranche of a quota is allocated on a ‘first come, first served’ basis the quantity to which operators are entitled until the quota is exhausted shall be determined in accordance with the procedure referred to in Article 22(2). In setting that quantity, the same for all operators, allowance shall be made for the need to assign economically significant quantities having regard to the nature of the product concerned. 2. When the competent authorities have checked the Community balance still available, they shall assign to each importer or exporter the quantity determined in accordance with paragraph 1 of this Article. 3. When licence-holders can prove that they have indeed imported or exported the total quantity for which they were issued a licence or a portion to be determined in accordance with the procedure referred to in Article 22(2), they may submit a new licence application. This application shall be processed in accordance with the same conditions as previously. This procedure may be repeated until the quota is exhausted. 4. To ensure that all applicants have equal access to the quota, the Commission shall specify the dates and times of access to the Community balance available in the notice opening the quota. SECTION C Method allocating quotas in proportion to the quantities requested Article 13 1. Where a quota is allocated in proportion to the quantities applied for, the competent authorities of the Member States shall inform the Commission of the licence applications they have received in compliance with the deadlines and conditions established in accordance with the procedure referred to in Article 22(2). That information shall specify the number of applicants and the aggregate quantities applied for. 2. Within the deadline set in accordance with the procedure referred to in Article 22(2), the Commission shall examine the information provided by the competent authorities of the Member States at the same time, and shall determine the quantity of the quota or of the tranches concerned for which those authorities are to issue import or export licences. 3. Where aggregate licence applications are equal to, or less than, the quantity of the quota concerned, applications shall be met in full. 4. Where aggregate applications exceed the quantity of the quota concerned, they shall be met on a pro rata basis, in proportion to the quantities applied for. SECTION D Allocation of quantities for redistribution Article 14 1. Quantities for redistribution shall be determined by the Commission on the basis of the information provided by Member States in accordance with Article 20. 2. Where the quota is initially allocated using the method laid down in Article 12, the Commission shall immediately add the quantities for redistribution to any amounts still available, or use them to reconstitute the quota if the latter is exhausted. 3. Where the quota is initially allocated using another method, the quantities for redistribution shall be assigned in accordance with the procedure referred to in Article 22(2). In that case, the Commission shall publish an additional notice in the Official Journal of the European Union. CHAPTER III RULES CONCERNING IMPORT OR EXPORT LICENCES Article 15 1. Where the method used is that laid down in Article 12, Member States shall issue licences immediately on verification of the Community balance available. 2. In other cases the following shall apply: (a) the Commission shall notify the competent authorities in the Member States, within a period to be determined in accordance with the procedure referred to in Article 22(2), of the quantities for which they issue licences to the various applicants. It shall inform the other Member States thereof; (b) the competent authorities in the Member States shall issue import or export licences within 10 working days of notification of the Commission Decision or within the time limit set by the Commission; (c) the competent authorities shall inform the Commission that import or export licences have been issued. Article 16 The issue of licences may be made conditional upon the lodging of a security, in accordance with the procedure referred to in Article 22(2). Article 17 1. Import or export licences shall authorise the import or export of products which are subject to quotas and shall be valid throughout the Community, regardless of the place of import or export mentioned in the applications by the operators. Where a quota is limited to one or several regions of the Community, import or export licences shall be valid only in the Member State(s) of the region(s) in question. 2. The period of validity of import or export licences to be issued by the competent authorities of the Member States shall be four months. However, a different period of validity may be set in accordance with the procedure referred to in Article 22(2). 3. The holders of import or export licences may, on request, obtain extracts thereof from the competent authorities which issued the licences in the Member State concerned. Such extracts shall have the same legal effects as the licences from which they are derived, up to the quantity for which the licences were issued. 4. Applications for import or export licences, licences and extracts shall be drawn up on forms conforming to a specimen the characteristics of which shall be established in accordance with the procedure referred to in Article 22(2). Article 18 Without prejudice to the specific provisions to be adopted in accordance with the procedure referred to in Article 22(2), import or export licences and their extracts may not be loaned or transferred, whether for a consideration or free of charge, by the person in whose name the document was issued. Article 19 1. Import or export licences or extracts shall, except in cases of force majeure, be returned to the competent authorities of the Member State of issue within 10 working days of their expiry date at the latest. 2. Where the issue of import or export licences is conditional upon the lodging of a security, the security shall, except in cases of force majeure, be forfeit where the time limit referred to in paragraph 1 is not complied with. Article 20 The competent authorities of the Member States shall notify the Commission, immediately upon being so informed and in any case no later than 20 days after the expiry date of the licences, of the quantities of quotas assigned and not used, with a view to their subsequent redistribution pursuant to Article 2(5). Article 21 The competent authorities of the Member States shall inform the Commission, by the end of each month, of the quantities of products subject to quotas which have been imported or exported during the preceding month. CHAPTER IV FINAL PROVISIONS Article 22 1. The Commission shall be assisted by a committee. 2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply. The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at one month. Article 23 The procedures for applying this Regulation shall be adopted in accordance with the procedure referred to in Article 22(2). They shall in particular determine the implementation of the methods of allocation, the information to be transmitted by the competent authorities in the Member States and the measures intended to ensure compliance with this Regulation. Article 24 1. The information received by the Council, the Commission or the Member States pursuant to this Regulation may be used only for the purposes for which it was requested. 2. The Council, the Commission and the Member States, and those acting on their behalf, shall not disclose information in respect of which a duly substantiated request for confidential treatment has been lodged, except where express authorisation is granted by the party providing the information. 3. This Article shall not prevent the Community authorities from disclosing information of a general nature, in particular the grounds on which decisions are taken pursuant to this Regulation, or evidence used by them to justify their arguments in the event of legal proceedings. Such disclosure must take into account the legitimate interest of the parties concerned in preserving commercial confidentiality. Article 25 Member States and the Commission shall provide each other with the requisite information and shall cooperate in applying this Regulation. Communication and information dissemination procedures shall, where necessary, be established in accordance with the procedure referred to in Article 22(2). Article 26 Regulation (EC) No 520/94, as amended by the Regulations listed in Annex I, is repealed. References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex II. Article 27 This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 17 July 2008. For the Council The President M. BARNIER (1) OJ L 66, 10.3.1994, p. 1. Regulation as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1). (2) See Annex I. (3) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11). ANNEX I Repealed Regulation with list of its successive amendments Council Regulation (EC) No 520/94 (OJ L 66, 10.3.1994, p. 1). Council Regulation (EC) No 138/96 (OJ L 21, 27.1.1996, p. 6). Council Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1). Only point 11 of Annex II ANNEX II Correlation table Regulation (EC) No 520/94 This Regulation Articles 1 to 5 Articles 1 to 5 Article 6(1), (2) and (3) Article 6(1), (2) and (3) Article 6(4) — Article 6(5) Article 6(4) Articles 7 and 8 Articles 7 and 8 Article 9, initial wording Article 9, initial wording Article 9, first, second and third indents Article 9(a), (b) and (c) Articles 10 to 14 Articles 10 to 14 Article 15(1) Article 15(1) Article 15(2) initial wording Article 15(2) initial wording Article 15(2), first, second and third indents Article 15(2)(a), (b) and (c) Articles 16 to 21 Articles 16 to 21 Article 22(1) Article 22(1) Article 22(2) Article 22(3) Article 23, first paragraph Article 22(2), first subparagraph Article 23, second paragraph Article 22(2), second subparagraph Article 24 Article 23 Article 25 Article 24 Article 26 Article 25 Article 27 — — Article 26 Article 28 Article 27 — Annex I — Annex II

Summary: Allocation of EU import and export quotas and licences Allocation of EU import and export quotas and licences SUMMARY OF: Regulation (EC) No 717/2008 — administering quantitative quotas WHAT IS THE AIM OF THE REGULATION? It establishes rules for the administration of European Union (EU) import and export quotas. KEY POINTS Certain products are excluded from the regulation, including agricultural products listed in Annex I to the Treaty on the Functioning of the EU. Among the general principles for administering EU quotas are: quotas should be allocated among applicants as soon as possible; quotas may be administered using one or a combination of specific methods, e.g. based on traditional trade flows, or on a ‘first come, first served’ basis; publication of a notice in the Official Journal of the EU announcing the quotas. Specific rules for the different methods of administering quotas are set out. So, for example, for the method: based on traditional trade flows, one portion of the quota is set aside as a priority for traditional importers or exporters, i.e. those that can show that they have previously imported into or exported from the EU the product covered by the quota; based on a ‘first come, first served’ basis, the European Commission determines the quantity to which the importers or exporters are entitled until the quota is exhausted; allocating quotas in proportion to the quantities requested, the Commission determines the quantity of the quota based on the information from EU countries on the number of licence applications they have received. In relation to the ‘first come, first served’ method, import and export licences authorising the import or export of the relevant products are to be issued immediately. In all other cases, they are issued within 10 days of notification of the relevant Commission decision or within the time limit set by the Commission. FROM WHEN DOES THE REGULATION APPLY? Regulation (EC) No 717/2008 is the codified version of an original act (Regulation (EC) No 520/94), and its subsequent amendments. It has applied since 15 August 2008. BACKGROUND Over the years, as more and more countries have become members of the World Trade Organization, this regulation in practice now only applies to imports from a limited number of countries. It currently applies to imports of textiles from Belarus and North Korea. There are no quantitative quotas on EU exports. MAIN DOCUMENT Council Regulation (EC) No 717/2008 of 15 July 2008 establishing a Community procedure for administering quantitative quotas (Codified version) (OJ L 198, 26.7.2008, pp. 1–7) Corrigendum to Council Regulation (EC) No 717/2008 of 17 July 2008 establishing a Community procedure for administering quantitative quotas (OJ L 206, 2.8.2008, p. 34) last update 27.02.2017