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: 2012-12-13
Institutions: European Commission
Subjects: chemical product, dangerous substance, export (EU), import (EU), international trade

EUROPEAN 
COMMISSION 

Brussels, 13.12.2012  
COM(2012) 753 final 

2012/0347 (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 

EN 

   EN 

 
 
 
  
 
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 sixth meeting of the Conference 
of the Parties (COP6) will take place in Geneva from 28 April to 11 May 2013. 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 Annex III to the Convention, making them 
subject to the PIC procedure.  

perfluorooctane 

The  chemicals  recommended  by  the  CRC  for  inclusion  in  Annex  III  to  the  Rotterdam 
Convention,  namely  azinphos-methyl,  chrysotile  asbestos,  octabromodiphenyl  ether 
commercial  mixtures,  pentabromodiphenyl  ether  and  pentabromodiphenyl  ether  commercial 
perfluorooctanesulfonates, 
mixtures, 
perfluorooctanesulfonamides  and  perfluorooctanesulfonyls,  and 
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, are already subject to restrictions 
on export under Union law, that are similar to those under the Convention. 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 COP6. 

sulfonic 

liquid 

acid, 

1 
2 

OJ L 204, 31.7.2008, p. 1. 
OJ L 299, 28.10.2006, p. 23. 

EN 

2 

   EN 

                                                 
2012/0347 (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  azinphos-methyl,  chrysotile  asbestos,  octabromodiphenyl 
ether commercial mixtures, pentabromodiphenyl ether and pentabromodiphenyl ether 
commercial  mixtures,  perfluorooctane  sulfonic  acid,  perfluorooctanesulfonates, 
perfluorooctanesulfonamides  and  perfluorooctanesulfonyls,  and  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. These 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  sixth  meeting  of  the  Conference  of  the  Parties  (COP6)  of  the  Rotterdam 
Convention is expected to take decisions on the proposed amendments to Annex III. 
The Union should support these amendments. 

3 
4 

OJ L 299, 28.10.2006, p. 23. 
OJ L 204, 31.7.2008, p. 1. 

EN 

3 

   EN 

                                                 
HAS ADOPTED THIS DECISION:  

Sole Article 

At  the  sixth  meeting  of  the  Conference  of  the  Parties  to  the  Rotterdam  Convention,  the 
Commission  shall,  on  behalf  of  the  Union,  support  the  adoption  of  the  amendments  to  add 
azinphos-methyl,  chrysotile  asbestos,  octabromodiphenyl  ether  commercial  mixtures, 
pentabromodiphenyl 
commercial  mixtures, 
perfluorooctane  sulfonic  acid,  perfluorooctanesulfonates,  perfluorooctanesulfonamides  and 
perfluorooctanesulfonyls,  and  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, to Annex III to the Rotterdam Convention. 

and  pentabromodiphenyl 

ether 

ether 

Done at Brussels,  

For the Council 
The President 

EN 

4 

   EN