# L_2023135EN.01011101.xml

| 23.5.2023 | EN | Official Journal of the European Union | L 135/111 |
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23.5.2023

EN

Official Journal of the European Union

L 135/111

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COUNCIL DECISION (EU) 2023/990

of 25 April 2023

on the position to be taken on behalf of the European Union at the Conference of the Parties to the Rotterdam Convention on the Prior Informed Consent Procedure for certain hazardous chemicals and pesticides in international trade as regards certain amendments to the Convention and its Annex III

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 192(1) and 207, in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

| (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). |
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(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. |
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(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. |
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(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. |
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(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. |
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(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). |
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(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, |
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(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,

HAS ADOPTED THIS DECISION:

Article 1

The position to be taken on the Union’s behalf at the eleventh meeting of the Conference of the Parties to the Convention shall be to support the adoption of the amendments to Annex III to the Convention as regards the inclusion of acetochlor, carbosulfan, chrysotile asbestos, fenthion (ultra low volume (ULV) formulations at or above 640 g active ingredient/L), iprodione, liquid formulations (emulsifiable concentrate and soluble concentrate) containing paraquat dichloride at or above 276 g/L, corresponding to paraquat ion at or above 200 g/L, and terbufos.

Article 2

1.   The position to be taken on the Union’s behalf at the eleventh meeting of the Conference of the Parties to the Convention shall be to support the adoption of the amendments submitted by Switzerland, Australia, Burkina Faso, Ghana and Mali (document UNEP/FAO/RC/COP.11/13/Add.2), provided that the following conditions are met, and that necessary amendments are made to that effect:

| (a) | the additional rules and procedures introduced by the amendments are coherent with the existing rules and procedures under the Convention; |
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(a)

the additional rules and procedures introduced by the amendments are coherent with the existing rules and procedures under the Convention;

| (b) | the amendments ensure that preference is given to the listing of chemicals in Annex III to the Convention and that the additional rules do not interfere with the listing of a chemical in Annex III, including where that chemical will already have been listed in Annex VIII to the Convention; |
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(b)

the amendments ensure that preference is given to the listing of chemicals in Annex III to the Convention and that the additional rules do not interfere with the listing of a chemical in Annex III, including where that chemical will already have been listed in Annex VIII to the Convention;

| (c) | the amendments ensure that the rules that will apply to the export of chemicals listed in Annex VIII to the Convention will not be weaker as regards the protection of importing Parties than those that apply to the export of chemicals listed in Annex III to the Convention; |
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(c)

the amendments ensure that the rules that will apply to the export of chemicals listed in Annex VIII to the Convention will not be weaker as regards the protection of importing Parties than those that apply to the export of chemicals listed in Annex III to the Convention;

| (d) | the amendments ensure that all Parties that ratify the amendment will be bound by any decision to list a chemical in Annex VIII to the Convention, including any decision that is taken by a vote. |
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(d)

the amendments ensure that all Parties that ratify the amendment will be bound by any decision to list a chemical in Annex VIII to the Convention, including any decision that is taken by a vote.

2.   In the event that there is not sufficient support by other Parties for the proposed amendments referred to in paragraph 1 of this Article, the position to be taken on the Union’s behalf at the eleventh meeting of the Conference of the Parties to the Convention shall be to advocate for an amendment of the decision-making procedure for listing chemicals in Annex III to the Convention that would introduce the possibility to vote in accordance with Article 22(4), read in conjunction with Article 22(3), without the application of Article 22(3), point (b), of the Convention.

Article 3

Refinement of the position referred to in Articles 1 and 2, in light of the developments at the eleventh meeting of the Conference of the Parties to the Convention, may be agreed upon by representatives of the Union, in consultation with the Member States, during on-the-spot coordination meetings without further decision of the Council.

Article 4

This Decision shall enter into force on the date of its adoption.

Done at Luxembourg, 25 April 2023.

For the Council

The President

P. KULLGREN

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(1)  
  OJ L 63, 6.3.2003, p. 29.

1

(2)  Council Decision 2006/730/EC of 25 September 2006 on the conclusion, on behalf of the European Community, of the Rotterdam Convention on the Prior Informed Consent Procedure for certain hazardous chemicals and pesticides in international trade (OJ L 299, 28.10.2006, p. 23).

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(3)  Regulation (EU) No 649/2012 of the European Parliament and of the Council of 4 July 2012 concerning the export and import of hazardous chemicals (OJ L 201, 27.7.2012, p. 60).

3

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