Proposal for a Council Decision establishing the position to be adopted on behalf of the European Community with regard to a proposal for the amendment of Annex III to the Rotterdam Convention
Date: 2008-04-10
Institutions: European Commission
Subjects: UN convention, chemical product, dangerous substance, environmental protection, international trade, pesticide, public health

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 10.4.2008 
COM(2008) 176 final 

Proposal for a 

COUNCIL DECISION 

establishing the position to be adopted on behalf of the European Community with 
regard to a proposal for the amendment of Annex III to the Rotterdam Convention 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

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Under the auspices of the Food and Agriculture Organisation (FAO) and the United 
Nations  Environment  Programme  (UNEP),  negotiations  for  a  Convention  for  the 
application  of  the  prior  informed  consent  (PIC)  procedure  for  certain  hazardous 
chemicals and pesticides in international trade were concluded in March 1998. 

The  Convention  was  opened  for  signature  at  a  Ministerial  Diplomatic  Conference 
held  in  September  1998  in  Rotterdam.  It  was  signed  by  the  Community  on 
11 September 1998. 

The  Rotterdam  Convention  represents  a  major  step  forward  in  the  international 
regulation  of  certain  hazardous  chemicals,  including  pesticides.  Its  objective  is  to 
promote  shared  responsibility  and  co-operative  efforts  among  the  Parties  in  the 
international  trade  of  such  chemicals  in  order  to  protect  human  health  and  the 
environment  from  potential  harm  and  to  contribute  to  their  environmentally  sound 
use.  

The  Community  has  implemented  the  Convention  through  Regulation  (EC)  No 
304/2003  of  the  European  Parliament  and  of  the  Council  of  28  January  2003 
concerning  the  export  and  import  of  dangerous  chemicals1.  By  its  Decision 
2006/730/EC of 25 September 20062, the Council decided to approve the Convention 
on behalf of the European Community.  

The Convention entered into force on 24 February 2004. The fourth meeting of the 
Conference  of  the  Parties  (COP4)  will  take  place  in  Rome  from  27  to  31  October 
2008.  In  addition  to  the  Community,  26  of  its  Member  States  are  Parties  to  the 
Convention. 

On  the  basis  of  recommendations  from  the  Chemical  Review  Committee  (CRC),  a 
subsidiary  body  under  the  authority  of  the  COP,  the  Conference  of  the  Parties  is 
expected  to  take  a  decision  on  the  inclusion  of  further  chemicals  in  the  PIC 
procedure by adding them to Annex III of the Convention.  

The  three  chemicals  recommended  by  the  CRC  for  inclusion  in  Annex  III  to  the 
Rotterdam  Convention,  namely  chrysotile  asbestos,  endosulfan  and  tributyltin 
compounds,  are  already  subject  to  similar  restrictions  under  Community  law.  The 
Commission, therefore, is proposing to the Council a decision to support, on behalf 
of the Community, the amendment of Annex III to the Convention at COP4. 

The proposed decision will have no impact on the Community budget.  

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OJ L 63, 6.3.2003, p.1 
OJ L299, 28.10.2006, p.23 

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Proposal for a 

COUNCIL DECISION 

establishing the position to be adopted on behalf of the European Community with 
regard to a proposal for the amendment of Annex III to the Rotterdam Convention 

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the Commission3, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

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The  European  Community  has  ratified  the  Rotterdam  Convention  on  the  prior 
informed  consent  procedure  for  certain  hazardous  chemicals  and  pesticides  in 
international trade (the 'Rotterdam Convention')4.  

Regulation  (EC)  No  304/2003  of  the  European  Parliament  and  of  the  Council  of  28 
January 2003 concerning the export and import of dangerous chemicals5 implements 
the Rotterdam Convention in the Community. 

It  is  necessary  and  appropriate  to  support  the  recommendation  from  the  Chemical 
Review Committee as regards the inclusion in Annex III to the Rotterdam Convention 
of chrysotile asbestos, endosulfan and tributyltin compounds to ensure that importing 
countries  benefit  from  the  protection  offered  by  the  Rotterdam  Convention.  These 
three substances are already banned  or  severely restricted in the Community and are 
therefore subject to export requirements which go beyond what is required under the 
Rotterdam Convention. 

The  fourth  meeting  of  the  Conference  of  the  Parties  (COP4)  of  the  Rotterdam 
Convention is expected to take a decision on the proposed amendment to Annex III. 
The Community should support this amendment. 

At COP4, the Community and the Member States should cooperate closely to ensure 
that any amendment to the Annex III is compatible with Community law. 

OJ C , , p. . 
OJ L299, 28.10.2006, p.23 
OJ L 63, 6.3.2003, p.1. Regulation as last amended by Commission Regulation (EC) No 1376/2007 (OJ 
L 307, 24.11.2007, p. 14) 

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HAS DECIDED AS FOLLOWS:  

Sole Article  

At  the  fourth  meeting  of  the  Conference  of  the  Parties  of  the  Rotterdam  Convention,  the 
Commission  shall  support  on  behalf  of  the  Community,  the  adoption  of  the  proposed 
amendment  to  Annex  III  with  a  view  to  adding  to  it  chrysotile  asbestos,  endosulfan  and 
tributyltin compounds . 

Done at Brussels,  

For the Council 
The President 

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