COUNCIL DECISION (EU) 2022/550

of 17 March 2022

on the position to be taken on behalf of the European Union at the second segment of the fourth meeting of the Conference of the Parties to the Minamata Convention on Mercury as regards the adoption of a Decision establishing thresholds for mercury waste, in accordance with Article 11(2) of that Convention

THE COUNCIL OF THE EUROPEAN UNION

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

Having regard to the proposal from the European Commission,

Whereas:

(1) The Minamata Convention on Mercury (‘the Convention’) was concluded by the Union by Council Decision (EU) 2017/939 (1) and entered into force on 16 August 2017.

(2) Pursuant to Decision MC-1/1 on Rules of Procedures adopted by the Conference of the Parties to the Convention (‘COP’) at its first meeting, the Parties should make every effort to reach agreement on all matters of substance by consensus.

(3) The COP, during its third meeting on 25-29 November 2019, adopted Decision MC-3/5 setting thresholds for waste consisting of or containing mercury or mercury compounds, as referred to in Article 11(2) of the Convention, and requiring the group of technical experts, established by the COP at its second meeting on 19-23 November 2018, to develop thresholds for waste contaminated with mercury or mercury compounds (‘mercury contaminated waste’), including for tailings from mining other than primary mercury mining.

(4) The COP, during the second segment of its fourth meeting on 21-25 March 2022, is expected to adopt a Decision (‘the proposed Decision’) on thresholds for mercury contaminated waste, as referred to in Article 11(2) of the Convention, which would, as a result, define the scope of application of Article 11 of the Convention for such waste. Mercury contaminated waste that would fall under Article 11(2) of the Convention, should be subject to environmentally sound management by virtue of Article 11(3) of the Convention.

(5) It is appropriate to establish the position to be taken on the Union’s behalf at the COP, as the proposed Decision, if approved, will have legal effects since the Parties to the Convention will have to take measures to implement it at national or regional levels, or both.

(6) The Union contributed significantly to the development of the waste provisions of the Convention and to the intersessional expert work launched by Decision MC-3/5 and that has led to the proposed Decision.

(7) The Union acquis already requires that all mercury waste referred to in Article 11(2) of the Convention, including mercury contaminated waste, be managed without endangering human health and without harming the environment, irrespective of their mercury content.

(8) The Union should support the adoption of a Decision by the COP only if it is consistent with the Union acquis,

HAS ADOPTED THIS DECISION:

Article 1 The position to be taken on the Union’s behalf in the second segment of the fourth meeting of the Conference of the Parties to the Convention shall be to support the adoption of a Decision on thresholds for contaminated mercury waste that is consistent with the Union acquis.

Article 2 This Decision shall enter into force on the date of its adoption.

Done at Brussels, 17 March 2022. For the Council The President B. POMPILI

(1) Council Decision (EU) 2017/939 of 11 May 2017 on the conclusion on behalf of the European Union of the Minamata Convention on Mercury (OJ L 142, 2.6.2017, p. 4).