Proposal for a COUNCIL DECISION establishing the position to be adopted on behalf of the European Union with regard to proposals for amendments of Annex III to the Rotterdam Convention
Date: 2011-01-11
Institutions: European Commission
Subjects: UN convention, chemical product, dangerous substance, environmental protection, international trade, pesticide, public health

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EUROPEAN COMMISSION 

Brussels, 11.1.2011 
COM(2010) 814 final 

2010/0394 (NLE) 

Proposal for a 

COUNCIL DECISION 

establishing the position to be adopted on behalf of the European Union with regard to 
proposals for amendments of Annex III to the Rotterdam Convention 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

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  Union  has  implemented  the  Convention  through  Regulation  (EC)  No  689/2008  of  the 
European Parliament and of the Council of 17 June 2008 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 fifth meeting of the Conference 
of the Parties (COP5) will take place in Geneva from 20 to 24 June 2011. In addition to the 
Union, 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  Conference  of  the  Parties  (COP),  COP  is  expected  to  take 
decisions on the inclusion of further chemicals in the PIC procedure by adding them to Annex 
III of the Convention.  

The  four  chemicals  recommended  by  the  CRC  for  inclusion  in  Annex  III  to  the  Rotterdam 
Convention, namely chrysotile asbestos, endosulfan, alachlor and aldicarb, are already subject 
to  similar  restrictions  under  Union  law.  The  Commission,  therefore,  is  proposing  to  the 
Council  a  decision  to  support,  on  behalf  of  the  Union,  the  amendments  of  Annex  III  to  the 
Convention at COP5. 

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OJ L 204, 31.7.2008, p. 1 
OJ L299, 28.10.2006, p. 23 

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2010/0394 (NLE) 

Proposal for a 

COUNCIL DECISION 

establishing the position to be adopted on behalf of the European Union with regard to proposals 
for amendments of Annex III to the Rotterdam 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) 
and Article 207, in conjunction with Article 218(9), thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

The  European  Union  has  ratified  the  Rotterdam  Convention  on  the  prior  informed  consent 
procedure for certain hazardous chemicals and pesticides in international trade (the 'Rotterdam 
Convention')3. 

Regulation (EC) No 689/2008 of the European Parliament and of the Council of 17 June 2008 
concerning  the  export  and  import  of  dangerous  chemicals  implements  the  Rotterdam 
Convention in the Union4. 

In order to ensure that importing countries benefit from the protection offered by the Rotterdam 
Convention, 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, alachlor and aldicarb. These four substances are already banned 
or  severely  restricted  in  the  Union  and  are  therefore  subject  to  export  requirements  which  go 
beyond what is required under the Rotterdam Convention. 

(4) 

The  fifth  meeting  of  the  Conference  of  the  Parties  (COP5)  of  the  Rotterdam  Convention  is 
expected to take decisions on the proposed amendments to Annex III. The Union should support 
these amendments. 

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OJ L299, 28.10.2006, p. 23 
OJ L 204, 31.7.2008, p. 1 

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HAS ADOPTED THIS DECISION:  

Sole Article 

At  the  fifth  meeting  of  the  Conference  of  the  Parties  of  the  Rotterdam  Convention,  the  Commission 
shall,  on  behalf  of  the  Union,  support  the  adoption  of  the  amendments  to  add  chrysotile  asbestos, 
endosulfan, alachlor and aldicarb to Annex III of the Rotterdam Convention.  

Done at Brussels, 

For the Council 
The President 

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