- Minor treaty actions
Amendments to Appendix III of CITES, and the International Sugar Agreement
3.1Minor treaty actions are generally technical amendments to existing treaties that do not significantly affect the national interest.
3.2Minor treaty actions are presented to the Committee with an explanatory statement and are published on the Committee’s website unless a request for confidentiality is received and agreed to by the Committee. The Committee can choose to formally inquire into these treaty actions or accept them without a formal inquiry. Once considered, they are incorporated into a report of the Committee at the next opportunity.
3.3This chapter deals with four minor treaty actions:
- three amendments to Appendix III of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)
- amendment to the International Sugar Agreement1992.
Amendments to Appendix III of CITES as contained in notifications 2022/073, 2023/011 and 2023/018
3.4On 11 April 2023, the Minister for Foreign Affairs, Senator the Hon Penny Wong, referred the following minor treaty action to the Committee:
- amendment to Appendix III of CITES as contained in notification 2022/073 Caribena versicolor (Antilles pinktoe tarantula).
- On 19 April 2023, the Minister for Foreign Affairs, Senator the Hon Penny Wong, referred the following two minor treaty actions to the Committee:
- amendment to Appendix III of CITES as contained in notification 2023/11 Daboia palaestinae (Palestine viper)
- amendment to Appendix III of CITES as contained in notification 2023/018 Papilio phorbanta (small Réunion swallowtail).
Background
3.6CITES is a multilateral treaty comprising mechanisms for regulating international trade in endangered species. It contains three appendices listing the endangered species of animals or plants, whether dead or alive, and products derived from these animals or plants to which the regulations apply. Parties agree not to allow trade in specimens of species included in the appendices except in accordance with provisions of CITES.
Appendix III and amendments
3.7Appendix III of CITES includes species that a CITES Party identifies as being subject to regulation within its jurisdiction to prevent or restrict exploitation. Listing a species in Appendix III indicates that the listing Party needs the cooperation of other CITES Parties to control trade in that species. Exports or imports of specimens of species included in Appendix III can only take place with an export permit.
3.8Amendments to Appendix III of CITES can be made unilaterally and do not require agreement by a Conference of the Parties. They automatically enter into force 90 days after communication of the listing to the Parties by the CITES Secretariat. However, reservations can be made by CITES Parties at any time after the communication of the listing.
Proposed treaty actions
Caribena versicolor
3.9On 13 October 2023, the CITES Secretariat notified Parties (Notification to the Parties 2022/073) that the European Union had requested the inclusion of Caribena versicolor (Antilles pinktoe tarantula) in Appendix III of CITES.
3.10The amendment entered into force on 11 January 2023 for all CITES Parties that did not enter a reservation to it. Australia did not enter a reservation to the amendment and, as such, is already bound by it.
3.11The Caribena versicolor is a tree dwelling tarantula species endemic to the island of Martinique. According to the Explanatory Statement, Caribena versicolor does not occur in Australia, nor does Australia trade in specimens of this species. None of the tarantula species can be legally imported to Australia under the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act).
Daboia palaestinae
3.12On 3 February 2023, the CITES Secretariat notified Parties (Notification to the Parties 2023/011) that Israel had requested the inclusion of Daboia palaestinae (Palestine viper) in Appendix III of CITES.
3.13The amendment entered into force on 4 May 2023 for all CITES Parties that did not enter a reservation to it. According to the Explanatory Statement, Australia did not intend to enter a reservation and would be bound by the amendment.
3.14Daboia palaestinae is a venomous snake found in Israel, Jordan, Lebanon, Palestine and Syria. The Explanatory Statement advised Daboia palaestinae does not occur in Australia, nor does Australia trade in specimens of this species. The species cannot be legally imported to Australia under the EPBC Act.
Papilio phorbanta
3.15On 20 February 2023, the CITES Secretariat notified Parties (Notification to the Parties 2023/018) that the European Union had requested the inclusion of Papilio phorbanta (small Réunion swallowtail) in Appendix III of CITES.
3.16The amendment entered into force on 21 May 2023 for all CITES Parties that did not enter a reservation to it. The Explanatory Statement advised Australia did not intend to enter a reservation and would be bound by the amendment.
3.17Papilio phorbanta is a butterfly found on the French territory of Réunion. According to the Explanatory Statement, Papilio phorbanta does not occur in Australia, nor does Australia trade in specimens of this species. The species cannot be legally imported to Australia under the EPBC Act.
Legislative amendments
3.18Subsection 303CA(1) of the EPBC Act provides that the Minister must, by legislative instrument, establish a list of CITES species for the purposes of the EPBC Act. Under subsection 303CA(3) of the EPBC Act, the list must include all species from time to time included in any of Appendices I, II and III to CITES. The Explanatory Statements advise that the list will be updated to reflect the amendments.
Reasons for Australia to take the proposed treaty action
3.19The Explanatory Statements argue that the treaty actions are consistent with Australia’s strong commitment to CITES and to international cooperation for the protection and conservation of wildlife more generally.
Conclusion
3.20The amendment to CITES contained in notification 2022/073 Caribena versicolor,had entered into force prior to referral to the Committee. Consequently, it was not necessary for the Committee to consider whether binding treaty action be taken.
3.21The amendment to CITES contained in notification 2023/011 Daboia palaestinae had entered into force prior to Committee consideration. Consequently, it was not necessary for the Committee to consider whether binding treaty action be taken.
3.22The Committee agreed the amendment contained in notification 2023/018 Papilio phorbanta be endorsed as a minor treaty action, and that binding treaty action be taken.
Amendment of the International Sugar Agreement 1992
Referral of the proposed minor treaty action
3.23On 18 October 2022, the Minister for Foreign Affairs, Senator the Hon Penny Wong, referred to the Committee the amendment of the International Sugar Agreement 1992.
Background
3.24The objectives of the International Sugar Agreement 1992 are to: promote international cooperation on world sugar matters; provide a forum for intergovernmental consultations on sugar; facilitate trade through the collection and provision of information on the world sugar market; and encourage increased demand for sugar.
3.25Australia, according to the Department of Agriculture, Fisheries and Forestry, is the fourth largest exporter of raw sugar and one of the ‘most prominent and influential participants in the international sugar trade, independent of its participation in the International Sugar Organization’.
Proposed minor treaty action
3.26The proposed minor treaty action is to accept amendments to the International Sugar Agreement 1992 that would, amongst other things:
- update the objectives of the International Sugar Agreement (article 1)
- amend the appointment arrangements for the Executive Director (article 23)
- adjust the calculation method for membership votes (article 25)
- broaden the collection and publication of statistical information (articles 32–34).
Reasons for Australia to take the proposed treaty action
3.27According to the Explanatory Statement, Australia supported the amendments and was of the view changes to the vote calculation method would ‘ensure the distribution of members’ votes … reflects the characteristics of the contemporary world sugar market’.
3.28Should Australia not accept the amendment, it would cease to be a party to the International Sugar Organization, which the Explanatory Statement advised would ‘significantly diminish Australia’s influence over international sugar policy’.
Conclusion
3.29The Committee agreed the amendment of the International Sugar Agreement 1992 be endorsed as a minor treaty action and that binding treaty action be taken.
Mr Josh Wilson MPChair14 June 2023