Recommendation for a COUNCIL DECISION on authorising the opening of negotiations on the amendment of the Convention on the Transboundary Effects of Industrial Accidents
Date: 2014-10-23
Institutions: European Commission
Subjects: dangerous substance, frontier region, industrial hazard, international convention, revision of an agreement, safety standard













EUR-Lex - 52014PC0651 - EN











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52014PC0651

Recommendation for a COUNCIL DECISION on authorising the opening of negotiations on the amendment of the Convention on the Transboundary Effects of Industrial Accidents /* COM/2014/0651 final */









EXPLANATORY MEMORANDUM
1.           CONTEXT OF THE PROPOSAL
The European Union and most of its Member
States are Parties to the UNECE Convention on the Transboundary Effects of
Industrial Accidents (hereinafter referred to as "Convention"). The
Convention applies to the prevention of, preparedness for and response to
industrial accidents at sites where hazardous activities take place capable of
causing transboundary effects. 
The Seveso II Directive is the legal
instrument to fulfil the obligations of the European Union arising out of the
Convention. Annex I to the Convention and Annex I to the Seveso II Directive
contain categories of and individual hazardous substances for the purpose of
defining hazardous activities. In June 2015 the Seveso II Directive will be replaced
by the Seveso III Directive, which amongst others, modifies Annex I.
2.           RESULTS OF CONSULTATIONS
WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS
At its 7th meeting in 2012, the Conference
of the Parties (CoP) to the UNECE Convention on the Transboundary Effects of
Industrial Accidents mandated the Working Group on the Development of the
Convention (WGD) to evaluate a list of possible amendments in areas suggested
by the CoP. The WGD has concluded after its fourth meeting in April 2014 that
four areas would benefit from an amendment:
(1)        Revised and additional
definitions (art.1): The WGD recommended amending certain definitions to ensure
alignment with other ECE Conventions (Aarhus Convention and Convention on
Impact Assessment in a Transboundary Context (Espoo Convention)), adjustment of
the definitions to internationally accepted developments, improved clarity and
legal certainty and to enhance the internal consistency within the Convention.
(2)        Strengthened public
participation (art. 9): The WGD recommended amending Article 9 to achieve
consistency with other ECE conventions.
(3)        Frequency of meetings (art. 18):
The Convention envisages an annual conference of the Parties. However, practice
is to meet only every two years. The WGD proposed to amend Article 18 to align
it with current practice.
(4)        Application of amendments to new
Parties (art. 29): The WGD recommended inserting a new paragraph in Article 29
implying that States acceding to the Convention once an amendment has entered
into force would also automatically accede to the amendment. This would improve
clarity and ensure legal certainty for new Parties.
None of these areas to be opened for
possible amendment would lead to modifications of the Convention causing
environmental or socio-economic impacts in the EU. Some of the amendments would
rather have a positive impact as they would result in higher standards in non-EU
Parties to the Convention, hereby enhancing the level playing field between EU
and non-EU establishments, and reducing risks of accidents with potential
transboundary effects in the EU. 
For all other technical areas suggested by
the COP it was found that providing guidance would be sufficient and that no
amendment would be required.
A separate issue under consideration concerns
the potential accession to the Convention by Member States of the United
Nations which are not Member States of UNECE. This should take account of the
related discussion taking place separately, scheduled for the 71st Session of
the UN General Assembly in September 2016.
3.           LEGAL ELEMENTS OF THE
PROPOSAL
None of the potential areas for amendments
are likely to have any impact on existing legislation in the European Union,
since they are either already covered by the more stringent EU acquis or refer
to the internal organisation of the Convention.
4.           BUDGETARY IMPLICATION
Out of the potential areas for amendments
only the issue of accession by non-UNECE countries is likely to have budgetary
implications. Likely candidates for accession would constitute beneficiary
countries thus putting pressure on the budget of the Convention. However, the
Financial Mechanism under the Convention is based on voluntary contributions.
Therefore, the parties are free in defining their level of contribution. At the
same time a globally open Convention could explore additional funding sources
such as the Global Environment Facility. Although overall budgetary
implications are likely to be very limited, they are likely to be a decisive
factor during the negotiations.
In view of the above, it is appropriate to
authorise the opening of negotiations on the amendment of the Convention on the
Transboundary Effects of Industrial Accidents.
Recommendation for a
COUNCIL DECISION
on authorising the opening of negotiations
on the amendment of the Convention on the Transboundary Effects of Industrial
Accidents
(Text with EEA relevance)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the
Functioning of the European Union, and in particular Article 218(3) and (4)
thereof, 
Having regard to the recommendation from
the European Commission,
Whereas:
(1)        The Union is a Party to the Convention on the
Transboundary Effects of Industrial Accidents  (hereinafter referred to as
"the Convention").
(2)        At their 7th Conference of the Parties in 2012 the
Parties requested the Working Group on Development to evaluate the need for
amendments in certain areas.
(3)        At its 4th meeting in April 2014 the Working Group on
Development concluded that most issues could be solved by providing guidance
but also identified four areas in which an amendment would improve the
Convention. These concern definitions, public participation, frequency of
meetings and the application of amendments to new parties. 
(4)        The Working Group on Development concluded that further
information and discussion was required for evaluating the issue of potential
accession to the Convention by Member States of the United Nations which are
not Member States of UNECE.
(5)        The negotiations are not expected to have an impact on existing
legislation in the European Union in view of the more stringent provisions in
Directive 2012/18/EC in the areas under consideration.
(6)        The Union should participate in the negotiations on a
potential amendment on the Convention,
HAS ADOPTED THIS DECISION: 
Article 1
The Commission is hereby authorised to
negotiate, on behalf of the Union as regards matters falling within the Union's competence, potential amendments to the Convention on the Transboundary Effects of
Industrial Accidents.
Article 2
The negotiating directives are set out in
the Annex.
Done at Brussels,
                                                                       For
the Council
                                                                       The
President
ANNEX
Attachment
to the Proposal for a 
Council Decision 
on authorising the opening of
negotiations on the amendment of the Convention on the Transboundary Effects of
Industrial Accidents
Directives
for the negotiation of amendments to the Convention on the Transboundary
Effects of Industrial Accidents
(1)              
Any agreed amendment shall be consistent with
the measures in Directive 2012/18/EU or other relevant legislation.
(2)              
All amendments agreed in the areas under
consideration shall be part of a single package.
(3)              
The Commission shall ensure that the agreement
contains appropriate provisions allowing the Union to become a Party thereto.
(4)              
The Commission shall ensure only to agree to
amendments if they are proposed for adoption at the same time.  
(5)              
The Commission reports to the consultative
committee designated by the Council on the outcome of the negotiations and,
where appropriate, on any problem that may arise during the negotiations.