CMS 2026 Migratory Species Protection: What Fishing and Agriculture Must Do

Key data

The EU's fishing, agricultural and transport sectors are in the spotlight of an international decision that may translate into new operational restrictions. Council Decision (EU) 2026/733, adopted on 19 March 2026, establishes the European Union's official position for the Fifteenth Conference of the Parties (COP15) of the Convention on the Conservation of Migratory Species of Wild Animals (CMS).

This decision does not impose direct obligations on companies today, but it defines which proposed amendments to the CMS appendices the EU will support. If those proposals succeed, the result will be a higher level of protection for various species, with direct consequences for how fishing fleets, agricultural holdings and transport companies that interact with those species or their habitats operate.

What does this regulation establish?

Decision 2026/733 has a specific purpose: to formally set the EU's negotiating position at CMS COP15, determining which proposed amendments to the convention's appendices the Union will support in international negotiations.

The CMS appendices function as a classification system for species according to their degree of threat:

• Appendix I: Endangered migratory species. Generates the strictest conservation obligations for State Parties.
• Appendix II: Migratory species with unfavourable conservation status that require international cooperation agreements.

The position adopted by the EU determines which new species could come under enhanced protection. This is relevant because the EU exercises exclusive competence in trade policy and shared competence with Member States in nature conservation, making its position binding on all Member States in the negotiations.

Proposals to amend the appendices come from various Parties to the convention. The decision does not publicly specify which particular species are on the table, but it does establish that the practical implications affect the fishing, agricultural and transport sectors.

Economic and operational impact

The economic impact of this decision is indirect and contingent on the outcome of COP15. There are no fines or immediate costs arising from Decision 2026/733 itself. However, companies must understand the chain of possible consequences:

• Fishing sector: If new species of migratory fish, cetaceans or seabirds are included in Appendix I or II, fishing fleets could face bans, restrictions on fishing gear, exclusion zones or more restrictive quotas.
• Agricultural sector: Holdings in areas used as passage or breeding grounds for migratory species could see certain practices restricted (use of pesticides, wetland drainage, installation of infrastructure) if the affected species come under enhanced protection.
• Transport sector: Transport infrastructure crossing migratory corridors could require additional impact assessments or mitigation measures.

The key moment for assessing the real impact will be the conclusion of COP15 and the subsequent transposition of the agreements reached into European and national legislation.

Who is affected?

• Fishing sector companies: Fleets operating in waters inhabited by migratory species potentially affected by amendments to the CMS appendices.
• Agricultural holdings: Especially those located in passage, wintering or breeding areas for migratory species.
• Transport and infrastructure companies: Operators active in migratory corridors or developing infrastructure projects in sensitive areas.
• EU Member States: Bound by the negotiating position set out in Decision 2026/733, they must align their vote and actions at COP15 with the Union's position.
• Legal and compliance advisors in the above sectors, who must anticipate the regulatory changes arising from COP15.

Practical example

A Spanish fishing company operating in the North Atlantic and catching migratory fish species should follow this scenario closely. If COP15, with the support of the EU position set out in Decision 2026/733, approves the inclusion in Appendix I of a species that forms part of its regular catches, the company could be required to:

• Review its fishing gear to reduce incidental catches of that species.
• Apply for new authorisations or adapt to more restrictive quotas imposed by the European transposition legislation.
• Bear operational adaptation costs (changing nets, modifying fishing areas, training) whose magnitude will depend on the specific species and the volume of activity affected.

Similarly, an agricultural holding in a wetland area of Extremadura that serves as a wintering area for migratory birds could see its water management practices or the use of certain plant protection products restricted if the species present in its surroundings come under enhanced protection following COP15.

What should companies do now?

1. Identify whether your activity interacts with migratory species: Review whether your operations (fishing, agriculture, transport) take place in areas or involve species that could be affected by new CMS protections. This is the first filter for determining whether you need to act.
2. Monitor COP15 outcomes: Decision 2026/733 sets the EU's position, but the real impact depends on what is agreed at the conference. Set up a system for tracking CMS COP15 results.
3. Consult with advisors specialised in environmental and sectoral regulation: If your sector is fishing, agriculture or transport and you operate in sensitive areas, anticipate the analysis of what operational changes could result from an expansion of the CMS appendices.
4. Review the current CMS appendices: Check whether any of the species your activity interacts with are already listed in the CMS appendices and what obligations this currently generates. This will give you a basis for anticipating the impact of possible expansions.
5. Prepare a contingency adaptation plan: Without waiting for COP15 agreements to become binding, design operational adaptation scenarios for the most likely cases, especially if your risk exposure is high.

Official source

Disclaimer: This article is for informational purposes only and does not constitute legal advice. For specific decisions, please consult a qualified professional. Source: https://eur-lex.europa.eu/./legal-content/AUTO/?uri=CELEX:32026D0733