Legal provisions of COM(2023)109 - EU position on amending the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal

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Article 1

1. The position to be taken on the Union’s behalf at the meetings of the Conference of the Parties to the Basel Convention is the following:

(a)the Union shall not support the amendments to paragraph 2 of Article 6 of the Convention, as submitted by the Russian Federation. The Union shall support initiatives designed to improve the functioning of the procedure of “prior informed consent”, on the conditions that they are in line with broad Union policies and objectives and do not require an amendment to the Convention.

(b)the Union shall continue supporting the adoption of the amendments to Annex IV and certain entries in Annexes II and IX of the Convention. If this is needed in order to ensure that consensus is found on an amendment of Annex IV, the Union should show flexibility and agree to depart from the proposal tabled at CoP15, as long as the amendment contributes to increase legal clarity of the Annex and to the implementation of the control mechanisms of the Convention, and does not undermine the EU legal regime on the management and shipments of waste.

Article 2

Refinement of the position referred to in Article 1 may be agreed to, in the light of developments at the 16th Conference of the Parties and following meetings of the Conference of the Parties, by representatives of the Union, in consultation with the Member States, during on-the-spot coordination meetings.

Article 3

This Decision is addressed to the Commission.