COUNCIL DECISION (EU) 2022/1024

of 7 April 2022

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 amendments of Annex III to that Convention

THE COUNCIL OF THE EUROPEAN UNION,D

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(1) and 207(3) and the first subparagraph of Article 207(4), 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 (the ‘Convention’) entered into force on 24 February 2004 and was concluded on behalf of the Union by Council Decision 2006/730/EC (1).

(2) Regulation (EU) No 649/2012 of the European Parliament and of the Council implements the Convention within the Union (2).

(3) Pursuant to Article 7 of the Convention, the Conference of the Parties to the Convention may list chemicals in Annex III to the Convention.

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

(5) In order to ensure that importing Parties benefit from the protection offered by the Convention, and since all relevant criteria under the Convention are met, it is necessary and appropriate to support the recommendation from the Chemical Review Committee under the Convention as regards the inclusion in Annex III to the Convention of acetochlor, carbosulfan, chrysotile asbestos, decabromodiphenyl ether, fenthion, certain liquid formulations containing paraquat dichloride, and perfluorooctanoic acid (PFOA), its salts and PFOA-related compounds. The use of those chemicals is already banned or severely restricted within the Union, and, pursuant to Regulation (EU) No 649/2012, most of them are subject to export requirements that go beyond what is required under the Convention.

(6) It is appropriate to establish the position to be taken on the Union’s behalf at the tenth meeting of the Conference of the Parties as regards amendments to Annex III to the Convention, as those amendments will be binding on the Union,

HAS ADOPTED THIS DECISION:

Article 1 The position to be taken on the Union’s behalf at the tenth meeting of the Conference of the Parties to the Rotterdam Convention on the Prior Informed Consent Procedure for certain hazardous chemicals and pesticides in international trade shall be to support the amendment of Annex III to the Convention as regards the inclusion of acetochlor, carbosulfan, chrysotile asbestos, decabromodiphenyl ether, fenthion (ultra low volume (ULV) formulations at or above 640 g active ingredient/L), 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 perfluorooctanoic acid (PFOA), its salts and PFOA-related compounds.

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

Article 3 This Decision shall enter into force on the date of its adoption.

Done at Brussels, 7 April 2022. For the Council The President J. DENORMANDIE

(1) 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).

(2) 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).