2006/730/EC: Council Decision 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
Date: 2006-09-25
Institutions: Council of the European Union
Subjects: UN convention, chemical product, dangerous substance, environmental protection, international trade, pesticide, public health, ratification of an agreement

28.10.2006

EN

Official Journal of the European Union

L 299/23

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

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

(2006/730/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty
establishing the European
Community, and in particular Article 133 and Article 175(1),
in conjunction with the first sentence of the first subparagraph
of Article 300(2) and the first subparagraph of Article 300(3)
thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

Whereas:

(1)

for

and pesticides

in international

Council Decision 2003/106/EC of 19 December 2002
the European
concerning the approval, on behalf of
Community, of the Rotterdam Convention on the Prior
certain hazardous
Informed Consent Procedure
trade (2)
chemicals
authorised the President of the Council to designate the
person or persons empowered to deposit the instrument
the Community with the
of approval on behalf of
in accordance
Secretary-General of the United Nations,
with Article 25(1) of
(hereinafter
‘the Rotterdam Convention’) (3). The
referred to as
instrument of approval, together with the Declaration
of competence set out in Annex B to that Decision,
was
lodged with the Depositary on 20 December
2002. The Rotterdam Convention entered into force on
24 February 2004.

that Convention,

(1) Opinion delivered on 5 September 2006 (not yet published in

Official Journal).

(2) OJ L 63, 6.3.2003, p. 27.
(3) OJ L 63, 6.3.2003, p. 29.

(2)

(3)

the Court of

In its judgment of 10 January 2006 in Case C-94/03
(Commission v Council) (4),
Justice
annulled Decision 2003/106/EC as it was based solely
on Article 175(1),
in conjunction with Article 300 of
the Treaty, ruling that both Articles 133 and 175(1), in
conjunction with the relevant provisions of Article 300,
were the appropriate legal basis.

therefore not

The Court's judgment does not affect the Community's
status as Party to the Convention. In accordance with
Article 46 of the Vienna Convention on the Law of
Treaties, the deposit of a new instrument of ratification
is
required. A new Council Decision
approving
the Rotterdam Convention is however
necessary together with an amended Declaration of
competence to reflect the change in the legal base,
in
accordance with Article 25(3) of
the Rotterdam
Convention.

(4)

To ensure legal certainty and to avoid a legal void, it is
appropriate for this Decision to take effect from the date
at which Decision 2003/106/EC was adopted,

HAS DECIDED AS FOLLOWS:

Article 1

The Rotterdam Convention on the Prior Informed Consent
Procedure for certain hazardous chemicals and pesticides in
international
trade signed in Rotterdam on 11 September
1998, (hereinafter referred to as ‘the Rotterdam Convention’),
is hereby approved on behalf of the Community.

(4) Not yet reported.

L 299/24

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Official Journal of the European Union

28.10.2006

The President of the Council is hereby authorised to designate the person(s) empowered to deposit, on
behalf of the Community, the Declaration of competence set out in the Annex to this Decision,
in
accordance with Article 25(3) of the Rotterdam Convention.

Article 2

This Decision shall take effect from 19 December 2002.

Article 3

Done at Brussels, 25 September 2006.

For the Council
The President

M. PEKKARINEN

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Official Journal of the European Union

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ANNEX

Declaration by the European Community in accordance with Article 25(3) of the Rotterdam Convention

The European Community declares that, in accordance with the Treaty establishing the European Community, and in
particular Article 175(1) thereof, it is competent to enter into international agreements, and to implement the obligations
resulting therefrom, which contribute to the pursuit of the following objectives:

— preserving, protecting and improving the quality of the environment,

— protecting human health,

— prudent and rational utilisation of natural resources,

— promoting measures at international level to deal with regional or worldwide environmental problems.

The European Community also declares that, in accordance with Article 133 of the Treaty, it has exclusive competence on
common commercial policy, concerning, in particular, trade in goods.

Moreover the European Community declares that it has already adopted legal instruments, including Regulation (EC) No
304/2003 of the European Parliament and of the Council of 28 January 2003 concerning the export and import of
dangerous chemicals (1), binding on its Member States, covering matters governed by the Rotterdam Convention, and will
submit and update, as appropriate, a list of those legal instruments to the Secretariat of the Rotterdam Convention.

The European Community is responsible for the performance of
Convention which are covered by Community law in force.

those obligations resulting from the Rotterdam

The exercise of Community competence is, by its nature, subject to continuous development.

(1) OJ L 63, 6.3.2003, p. 1. Regulation as last amended by Commission Regulation (EC) No 777/2006 (OJ L 136, 24.5.2006, p. 9).