Considerations on COM(2023)42 - EU position on the Prior Informed Consent Procedure for certain hazardous chemicals and pesticides in international trade on amendments to the Convention (Annex III)

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dossier COM(2023)42 - EU position on the Prior Informed Consent Procedure for certain hazardous chemicals and pesticides in international trade on ...
document COM(2023)42 EN
date April 25, 2023
 
table>(1)The Rotterdam Convention on the Prior Informed Consent Procedure for certain hazardous chemicals and pesticides in international trade (1) (‘the Convention’) entered into force on 24 February 2004 and was concluded on behalf of the Union by Council Decision 2006/730/EC (2).
(2)Pursuant to Article 7 of the Convention, the Conference of the Parties to the Convention may adopt decisions to list chemicals in Annex III to the Convention.

(3)At its eleventh meeting, the Conference of the Parties is expected to adopt decisions to list further chemicals in Annex III to the Convention.

(4)In order to promote shared responsibility and cooperative efforts among Parties in the international trade of certain hazardous chemicals with a view to protecting human health and the environment from potential harm and to contribute to their environmentally sound use, it is necessary and appropriate to list further chemicals that were found to meet all the relevant criteria set out in Annex II to the Convention.

(5)Furthermore, the Conference of the Parties will consider a proposal to amend the Convention submitted by Switzerland, Australia, Burkina Faso, Ghana and Mali. That proposal aims at addressing the difficulty to list new chemicals in Annex III to the Convention originating from the need to achieve consensus for a decision to amend Annex III in accordance with the Convention. It is necessary and appropriate to support the adoption of that proposal or, if there is not sufficient support by other Parties, to advocate for an amendment of the decision-making procedure for listing chemicals.

(6)It is appropriate to establish the position to be taken on the Union’s behalf in the Conference of the Parties, as the decisions will be binding on the Union or capable of decisively influencing the content of Union law, namely Regulation (EU) No 649/2012 of the European Parliament and of the Council (3).

(7)However, in accordance with Article 21 of the Convention, any amendments to the Convention are to be ratified, accepted or approved by at least three fourths of the Parties in order to enter into force. Furthermore, Article 22(6) of the Convention provides that an additional annex related to an amendment to the Convention is not to enter into force until such time as the amendment to the Convention enters into force.

Whilst the Council is currently establishing a position to be taken in a body set up by the Convention, a subsequent approval might, depending on the outcome of those discussions, necessitate a decision on the conclusion of such an amending agreement in accordance with the procedure set out in Article 218(6) TFEU,