Valid

Valid Document

Asian big cats (Felidae spp.)

Asian big cats (Felidae spp.)
 
Directed to the Parties, especially Appendix-I Asian big cat range States
16.68 All Parties, particularly Appendix-I Asian big cat range States, are encouraged to:
  a)  support the activities to be conducted in compliance with Decision 16.70, paragraph c), to enable the Secretariat to prepare a report with findings and recommendations, including reporting on the implementation of Resolution Conf. 12.5 (Rev. CoP16) (Conservation of and trade in tigers and other Appendix-I Asian big cat species), at the 65th meeting of the Standing Committee; and
  b)  provide information on incidents of poaching of and illegal trade in all Asian big cat species, including their parts and derivatives, which will enable the compilation of a report for the law enforcement community, in compliance with Decision 16.70, paragraph d).

Illegal trade in cheetahs (Acinonyx jubatus)

Illegal trade in cheetahs (Acinonyx jubatus)
 
Directed to the Secretariat
16.71 The Secretariat shall, subject to external funding, contract independent consultants to undertake a study of the legal and illegal trade in wild cheetahs, and to assess the impact of this trade on the species conservation in the wild. The study should aim to determine the source of cheetahs in illegal trade, and the transit routes of illegally trafficked cheetahs, and should document the measures taken by Parties to deal with or dispose of confiscated live specimens. All range States must be fully consulted as stakeholders. The Secretariat shall make the results of the study available to the Animals and Standing Committees for their consideration.

Reporting on the implementation of Resolution Conf. 10.14 (Rev. CoP16) on Quotas for leopard hunting trophies and skins for personal use

Reporting on the implementation of Resolution Conf. 10.14 (Rev. CoP16) on Quotas for leopard hunting trophies and skins for personal use
 
Directed to Parties
16.76 Parties shall, by the 66th meeting of the Standing Committee, submit a report to the Secretariat on the implementation of the system as set out in paragraphs c) to j) of Resolution Conf. 10.14 (Rev. CoP16), including details of any problems with the processing of CITES documents, the management and tracking system in general, and the system in place to replace lost or damaged tags.

Monitoring of illegal trade in ivory and other elephant specimens (Elephantidae spp.)

Monitoring of illegal trade in ivory and other elephant specimens (Elephantidae spp.)
 
Directed to the Secretariat
16.78 The Secretariat shall, subject to external funding:
  a)  convene a CITES Ivory Enforcement Task Force, consisting of representatives from China (including Hong Kong SAR), Kenya, Malaysia, the Philippines, South Africa, Thailand, Uganda, the United Republic of Tanzania and Viet Nam, in cooperation with partner organizations in the International Consortium on Combating Wildlife Crime (ICCWC) and, as appropriate, other Parties and experts, to:
  i)  evaluate the concerns identified in the examples in document SC62 Doc. 26, Annex, regarding trade in specimens claimed to be derived from captive breeding or ranching;
  ii)  propose measures to African and Asian enforcement authorities to promote long-term collaboration between them, for example through exchange programmes or the secondment of law enforcement officers from destination or transit countries to source countries and vice versa;
  b)  examine and advise about existing DNA-based and forensic identification techniques for sourcing and ageing ivory, identify relevant forensic facilities and research institutions, and consider the need for further research in these areas;
  c)  convene a workshop for Parties on the use of controlled deliveries, in collaboration with ICCWC partner organizations, with the aim of expanding the application of this investigation technique, particularly in Africa and Asia; and
  d)  develop, in cooperation with the World Bank and other ICCWC partners, an anti-money-laundering and asset recovery manual with a specific focus on wildlife crime, that can be used for the training of investigators, prosecutors and judges.
  The Secretariat shall report on progress on the implementation of the present Decision at the 65th and 66th meetings of the Standing Committee, with recommendations as necessary.

 

Potential conflicts of interest in the Animals and Plants Committees

Potential conflicts of interest in the Animals and Plants Committees
 
Directed to the Standing Committee
16.9 The Standing Committee shall, at its 65th meeting and on the basis of a review from the Secretariat, assess the functioning of the conflict of interest policy set out in paragraph c) under Regarding representation in the Animals and Plants Committees of Resolution Conf. 11.1 (Rev. CoP16), and make recommendations for refining the definition of conflict of interest, if appropriate, and for a mechanism to deal with such conflicts, having reference to such mechanisms developed in other multilateral environmental agreements or relevant international organizations and bodies, for consideration at the 17th meeting of the Conference of the Parties.

 

Action plan for Diospyros spp. and Dalbergia spp.

Action plan for Diospyros spp. and Dalbergia spp.
 
Madagascar shall:
1 Establish, in collaboration with the CITES Secretariat, a science-based precautionary export quota for the listed taxa where an adequate non-detriment finding can be undertaken and clearly documented for any species planned for export;
2 Establish, as appropriate, and with key partners [including the CITES Secretariat, CITES Plants Committee, International Tropical Timber Organization (ITTO), main importing countries, and national and international research/conservation organizations] a process (research, information gathering and analysis) to identify the main species to be exported. Workshops should be organized for selected species to establish the adequate non-detriment findings required in paragraph 1;
3 Collaborate, as appropriate, and with key partners, as indicated in paragraph 2 above, to prepare identification material and tests for use in CITES enforcement to identify main taxa as they are traded;
4 Put in place an embargo on export of stocks of these timbers until the CITES Standing Committee has approved the results of a stockpile audit and use plan to determine what component of the stockpile have been legally accumulated and can be legally exported;
5 Collaborate, as appropriate, and with key partners, as indicated in paragraph 2 above, to establish enforcement mechanisms to assist in implementation of any export quota, stockpile control and opening of any legal and sustainable trade utilizing timber tracking systems and other technology as appropriate;
6 Provide written reports on progress with the implementation of the plan to the Secretariat and Plants Committee, in compliance with document deadlines for meeting of that Committee; and
7 Provide a document outlining progress with the implementation and any required adjustments to the Action Plan at the 17th meeting of the Conference of the Parties.
The Plants Committee shall:
1 Work with Madagascar to implement this Action Plan and provide a format for and guidance on reporting on progress at the 17th meeting of the Conference of the Parties;
2 Receive reports from Madagascar on the implementation of the plan, analyse and assess these, and assist and advise on same at its 21st and 22nd meetings; and
3 Recommend and facilitate the preparation of a standard reference for the names of Diospyros spp. (populations of Madagascar) and Dalbergia spp. (populations of Madagascar) to be adopted, if appropriate, at the 17th meeting of the Conference of the Parties.
Importing countries, especially developed country Parties, shall:
1 Work with Madagascar to implement this Action Plan, make recommendations on sources of funding when necessary, and provide funding and technical support to implement the plan on a voluntary basis.
The Secretariat shall:
1 Subject to available resources, assist Madagascar in the preparation of a stockpile audit and use plan, consistent with the Convention and relevant Resolutions and Decisions of the Conference of the Parties, for presentation to the CITES Standing Committee;
2 Seek external funding from interested Parties, intergovernmental and non-governmental organizations, exporters, importers and other entities directly interested in supporting this Decision;
3 Inform relevant Parties of the management of funds that have been raised, of technical assistance available and how they may access these resources;
4 Request technical assistance of ITTO in the framework of Resolution Conf. 14.4 on Cooperation between CITES and ITTO regarding trade in tropical timber, and
5 Promote, facilitate and assist capacity building in Madagascar and in importing countries, including as appropriate transit countries, through workshops, training and other activities considered relevant between the 16th and 17th meetings of the Conference of the Parties.

 

Terms of Reference for an evaluation of the Review of Significant Trade

Terms of Reference for an evaluation of the Review of Significant Trade
 
Objectives
1 The objectives of the evaluation of the Review of Significant Trade are to:
  a)  evaluate the contribution of the Review of Significant Trade to the implementation of Article IV, paragraphs 2 (a), 3 and 6 (a);
  b)  assess the impact over time of the actions taken in the context of the Review of Significant Trade on the trade and conservation status of species selected for review and subject to recommendations, taking into consideration the possible effects of these measures on other CITES-listed species;
  c)  formulate recommendations in view of the results and findings of the evaluation and the impact assessment; and
  d)  prepare a document on the evaluation of the Review of Significant Trade and the resulting conclusions and recommendations for consideration at the first appropriate meeting of the Conference of the Parties.
Process
2 The evaluation will commence immediately after the 14th meeting of the Conference of the Parties, contingent on the availability of sufficient funds to ensure its completion.
3 The Animals and Plants Committees will oversee the evaluation, which will be administered by the Secretariat. Consultants may be engaged to assist it in this regard.
4 A working group composed of members of the Animals and Plants Committees, Parties, the Secretariat and invited experts will be responsible for advising on the evaluation process, reviewing the findings of associated research and developing recommendations for wider consideration by the Parties.
5 The Secretariat will regularly report on the progress of the evaluation at meetings of the Animals and Plants Committees.
6 A final report, which may include proposed amendments to existing Resolutions or Decisions, or other recommendations, and which will incorporate the comments of the Animals and Plants Committees and of range States addressed in the report, will be submitted by the Chairmen of the Animals and Plants Committees for consideration at a future meeting of the Conference of the Parties. The Chairman of the Animals or Plants Committee may submit an interim report to the Standing Committee when appropriate and considered useful.
Content of the evaluation
7 The evaluation of the Review of Significant Trade should include the following activities:
  a)  assess:
  i)  the process used to select species for review (including the reliance on numerical data), and the species selected as a result;
  ii)  the process and means used to compile and review information concerning the implementation of Article IV, paragraphs 2 (a), 3 and 6 (a), for the selected species (including communications with the range States), and the subsequent use of this information by the Animals and Plants Committees for the categorization of species and the issuance of recommendations;
  iii)  the types and frequency of recommendations made;
  iv)  the nature and rate of responses to recommendations, and problems identified;
  v)  the use of the recommendations by range States as guidance for managing target species and other CITES-listed species with similar characteristics;
  vi)  the nature and scale of the support provided to range States for implementing the recommendations, including field projects, financial aid and assistance in building local capacities;
  vii)  the ongoing process to monitor and review the implementation of recommendations, having regard to differing points of view as to where this responsibility should lie; and
  vii)  the impacts of the process on other aspects of CITES implementation, including how problems identified in the course of the review but not directly related to the implementation of Article IV, paragraphs 2 (a), 3 and 6 (a), were addressed;
  b)  conduct case studies of a representative range of species and countries subject to recommendations to assess subsequent short- and long-term changes, and whether these could be attributed to the process, in:
  i)  conservation status of the target taxa in the range States;
  ii)  trade volumes and patterns of the target taxa, considering trade involving the range States subject to recommendations, other range States and non-range States;
  iii)  production or management strategies for the target taxa;
  iv)  market developments of conservation relevance (such as shifts in supply or demand);
  v)  costs and benefits associated with the management of and trade in the target taxa (such as the effects of trade suspensions and export quotas, shift in trade to non-CITES species or increased illegal trade);
  vi)  protection status of the target taxa within range States, and regulatory measures outside range States;
  vii)  trade patterns, conservation status and management for other CITES-listed species that might be suitable ‘substitutes’ for the target taxa; and
  vii)  changes in conservation policies in range States; and
  c)  analyse the information to assess the effectiveness, costs and benefits 6 of the Review of Significant Trade as implemented so far, by reference to the cost of the process and the time it takes, and identify means to improve the contribution it makes to the objectives of the Convention by reducing the threats to wild species.

5 Note from the Secretariat: this Annex was adopted at the 14th meeting of the Conference of the Parties.

6 The phrase 'effectiveness, costs and benefits' is intended to address issues such as whether or not the funds spent on the process give value for money comparable to that for other CITES activities, and whether the time-scale envisaged in the process is too long for species that are in rapid decline.

Terms of Reference for the consultancy envisaged in Decision 14.30 (Rev. CoP15) on Cooperation between Parties and promotion of multilateral measures

Terms of Reference for the consultancy envisaged in Decision 14.30 (Rev. CoP15) on Cooperation between Parties and promotion of multilateral measures
 
1 Assessment as to whether the Resolutions of the Conference of the Parties are implemented by all Parties as consistently as possible and whether there is a need to clarify, revise or repeal them.
  a)  identification of the Resolutions that are implemented inconsistently and the reasons for deviations from the provisions of the Resolutions.
  Recommended approach: The consultant to be appointed by the CITES Secretariat will analyse biennial reports submitted to the Secretariat and identify Resolutions that are implemented inconsistently or provide challenges in terms of implementation. The following key issue must be identified by the consultant:
  i)  reasons for deviation from the provisions of the Resolutions;
  ii)  challenges experienced in terms of implementation; and
  iii)  reasons for implementing stricter domestic measures.
  Where required, further consultation with CITES Parties relating to the above will be undertaken.
  Existing documents to be reviewed by the consultant include document CoP14 Doc. 17. Based on information contained in document CoP14 Doc. 17, the following Resolutions have been identified by the members of the Working Group and should form part of the assessment to be conducted by the Consultant:
      Resolutions
    Resolution Conf. 4.22 (Proof of foreign law)
    Resolution Conf. 6.7 (Interpretation of Article XIV, paragraph 1 of the Convention)
    Resolution Conf. 10.16 (Rev.) (Specimens of animal species bred in captivity)
    Resolution Conf. 10.19 (Rev. CoP14) (Traditional medicines)
    Resolution Conf. 10.20 (Frequent cross-border movements of personally owned live animals)
    Resolution Conf. 11.3 (Rev. CoP15) (Compliance and Enforcement)
    Resolution Conf. 11.11 (Rev. CoP15) (Regulation of trade in plants)
    Resolution Conf. 11.18 (Trade in Appendix-II and -III species)
    Resolution Conf 12.3 (Rev. CoP15) (Permit and certificates)
    Resolution Conf. 12.10 (Rev. CoP15) (Registration of operations that breed Appendix-I species in captivity for commercial purposes)
    Resolution Conf. 13.6 (Implementation of Article VII, paragraph 2, concerning ‘pre-Convention’ specimens)
    Resolution Conf. 13.7 (Rev. CoP14) (Control of trade in personal and household effects)
      Resolution Conf. 13.10 (Rev. CoP14) (Trade in alien invasive species)
  In instances where Working Groups have been established to discuss specific matters, for example the Working Group on personal and household effects, the consultant should obtain all relevant information from the Chairperson of the Working Group.
 

b)  dentification of the Resolutions that require clarification, revision or repeal and make recommendations relating to the appropriate action to be taken. Substantiation of the recommendations made relating to clarification, revision or repeal.

Based on the assessment referred to in subparagraph a) above and the key challenges identified by the Working Group, Resolutions that require clarification, revision or repeal will be identified by the consultant and recommendations made relating to the appropriate action to be taken.

The Working Group identified the following challenges relating to the uniform application or implementation of Resolutions:

  i)  lack of knowledge about existing Resolutions and the provisions contained in Resolutions;
  ii)  complex issues and concepts are difficult to understand and interpret, especially in the absence of definitions or interpretation guidelines;
  iii)  difficulties experienced by Parties to implement provisions contained in Resolutions due to limited resources available;
  iv)  different interpretation of provisions or requirements by Parties. Some Parties may interpret a provision in a strict manner, while another may interpret it with greater leniency, resulting in differences in implementation; and
  v)  conflicting provisions in different Resolutions; or non-alignment between separate Resolutions that address similar matters.
2 Assessment as to whether the scope for multilateral CITES processes that reduce the need by Parties for recourse to stricter domestic measures and reservations should be further developed.
  a)  Give examples of stricter domestic measures, i.e. legislation, directives and policies. Solely for purposes of the consultancy, and not for the purpose of serving as a definition of the measures provided for under Article XIV, paragraph 1(a), of the Convention, ‘stricter domestic measures’ means:
  Domestic measures (legislation, regulations, decrees, policies, directives, notices, etc.) adopted by a Party regarding conditions or restrictions for international trade, taking, possession or transport of specimens of species included in the Appendices, or the complete prohibition thereof, which extend over and above the requirements of the Convention for that species 4 .
  b)  Identify current stricter domestic measures

A list of Parties which do / do not accept certificates of ownership (in relation to frequent cross-border movements of personally owned live animals); and, various Notifications to the Parties contain detailed descriptions of Parties' stricter domestic measures. However, a comprehensive list of stricter domestic measures is not available on the CITES website. The consultant should provide information or recommendations which could assist the Secretariat to initiate in the future a portal or Web-based system for Parties to provide information on their stricter domestic measures on a voluntary basis.

  c)  Use of a case study approach to determine stricter domestic measures currently in place in selected countries and the scope and rationale for these measures, including divergence and convergence in stricter domestic measures between different countries. The consultant will conduct case studies relating to stricter domestic measures currently in place. The Working Group recommended that at least two case studies be conducted, one involving a major importing country’s stricter domestic measures, and one involving a major exporting country.
  d)  Review of current information on reservations entered by Parties (e.g. available on the CITES website).

Consultant to analyse information on the CITES website relating to reservations entered by Parties and collate a report relating to the Reservations currently in place. Other sources of information and relevant studies conducted should also be referenced.

  e)  Analysis of current multilateral measures and their appropriateness / potential to address Parties requirements that currently result in stricter domestic measures or reservations.

Based on the information contained in various documents relating to stricter domestic measures and discussions in the Working Group, it seems as if the existing measures, especially Resolutions and the process to review and amend these, assist in providing the means to obtain uniform implementation, but the provisions in the Resolutions must be aligned with the basic requirements in the text of the Convention (and not add additional burdens on Parties); Resolutions must be clear (unambiguous); definitions should be provided, where appropriate; guidelines should be developed, where needed (complex matters); capacity building should be provided in some instance; consistent alignment between Resolutions are required; and bilateral discussions should take place to address different interpretation of provisions.

Special care / consideration should be given to stricter domestic measures that result in complete / nearly complete closure of markets AND may conflict with processes already agreed in CITES (Periodic Review / Review of Significant Trade, etc).

With due consideration of information collated through the process, including Notifications and reports, the consultant should analyse the current multilateral measures and make recommendations relating to their potential to address Parties challenges relating to uniform implementation of the Convention.

  f)  Recommendation, if appropriate, of the amendment of current, or the development of alternative, multilateral measures that could assist or facilitate cooperation between Parties and reduce the need for stricter domestic measures or reservations.

Recommendations to be developed, if required, based on the analysis to be done in terms of paragraph v. It is anticipated that the amendment of current measures and development of new measures will be continuous processes as already observed in terms of the Resolutions adopted by the Conference of Parties to CITES.

3 . Note from the Secretariat: Decision 14.30 (Rev. CoP15) was repealed at the 16th meeting of the Conference of the Parties (CoP16). These Terms of Reference, reproduced here for historical information, were accepted by the Standing Committee at its 62nd meeting (Geneva, July 2012) and amended at CoP16.

4 .This definition is intended to encompass only those stricter domestic measures with strong relevance to the conservation of the species through the mitigation of impacts resulting from international trade in those species

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