Proposal for a COUNCIL DECISION establishing the position to be adopted on behalf of the European Union within the Conference of the Parties with regard to amendments of Annex III to the Rotterdam Convention
Date: 2017-02-13
Institutions: Directorate-General for Environment, European Commission
Subjects: chemical product, dangerous substance, export (EU), import (EU), international convention, international trade, revision of an agreement

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   EUROPEAN COMMISSION  Brussels, 13.2.2017  COM(2017) 73 final 2017/0027 (NLE)   Proposal for a COUNCIL DECISION establishing the position to be adopted on behalf of the European Union within the Conference of the Parties with regard to amendments of Annex III to the Rotterdam Convention  
 
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  (EU)  No  649/2012  of  the 
European  Parliament  and  of  the  Council1.  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  eighth  meeting  of  the 
Conference of the Parties (COP8) will take place in Geneva from 24 April to 5 May 2017. In 
addition to the Union, 27 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.  Chemicals recommended  by  the  CRC  for  listing in  Annex  III 
were found to meet the criteria of Annex II to the Convention. 

The  chemicals  recommended  by  the  CRC  for  inclusion  in  Annex  III  to  the  Rotterdam 
Convention,  namely  carbofuran,  carbosulfan,  chrysotile  asbestos,  short-chain  chlorinated 
paraffins,  all  tributyltin  compounds,  trichlorfon,  fenthion  (ultra  low  volume  (ULV) 
formulations  at  or  above  640  g  active  ingredient/L)  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,  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 COP8. 

2. 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

The procedural legal basis for the proposed Council Decision is Article 218(9) TFEU, which 
is  the  appropriate  basis  for  an  act  defining  the  EU  position  in  a  "body  set  up  by  an 
international agreement" (such as the Conference of the Parties to the Rotterdam Convention), 
when that body is called upon to adopt acts having legal effects. 

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Regulation (EU) No 649/2012 of the European Parliament and of the Council of 4 July 2012 concerning 
the export and import of hazardous chemicals (OJ L 201, 27.7.2012, p. 60). 
Council  Decision  2006/730/EC  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 (OJ L 299, 28.10.2006, p. 23). 

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The substantive legal bases are Article 207 and Article 192 of the TFEU, paragraph 1, given 
that the measures agreed under the Rotterdam Convention, while  pursuing an environmental 
objective, are to a large extent of a trade-related nature. 

3. 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

The proposal for a Council Decision establishing the position to be adopted on behalf of the 
European Union with regard to proposals for amendments of the Rotterdam Convention does 
not create any new legally binding requirements. All chemicals that are proposed for listing 
under the Convention are already subject to  restrictions on export  under  Union law that  are 
similar to those under the Convention. 

4. 

BUDGETARY IMPLICATIONS 

As a Party, the EU has to provide an annual contribution to the Rotterdam Convention Trust 
Fund.  This  contribution  will  evolve  depending  on  the  conclusions  of  the  discussions  at  the 
eighth meeting of the Conference of the Parties on the budget for the period 2018-2019. The 
annual contribution  by the EU  for 2016 amounted  to  about 58000 EUR which was  covered 
within existing envelopes. 

5. 

OTHER ELEMENTS 

The  proposal  does  not  create  any  new  monitoring  or  reporting  requirements.  After 
transposition of the listings adopted under the Convention in Union law, implementation and 
reporting will be done in accordance with  existing arrangements under Regulation (EU) No 
649/2012. 

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2017/0027 (NLE) 

Proposal for a 

COUNCIL DECISION 

establishing the position to be adopted on behalf of the European Union within the 
Conference of the Parties with regard to 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 
Articles 192(1) and 207(3), in conjunction with Article 218(9), thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

The  European  Union  has  approved  the  Rotterdam  Convention  on  the  prior  informed 
consent procedure for certain hazardous chemicals and pesticides in international trade 
(the 'Rotterdam Convention')3, which entered into force on 24 February 2004. 
Regulation  (EU)  No  649/2012  of  the  European  Parliament  and  of  the  Council4 
implements the Rotterdam Convention in the Union. 

Pursuant  to  Article  7  of  the  Rotterdam  Convention,  the  Conference  of  the  Parties  is 
expected  to  take  decisions  on  the  inclusion  of  further  chemicals  in  Annex  III  to  the 
Convention on recommendation from the Chemical Review Committee. 

The  Union  should  determine  the  position  to  be  taken  within  the  Conference  of  the 
Parties with regard to the inclusion of further chemicals in Annex III. 

In order to ensure that importing countries benefit from the protection offered by the 
Rotterdam  Convention,  it  is  necessary  to  support  the  recommendation  from  the 
Chemical Review Committee as  regards the  inclusion in  Annex III to the Rotterdam 
Convention  of  carbofuran,  carbosulfan,  chrysotile  asbestos,  short-chain  chlorinated 
paraffins,  all  tributyltin  compounds,  trichlorfon,  fenthion  (ultra  low  volume  (ULV) 
formulations  at  or  above  640  g  active  ingredient/L)  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. Those 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. 

(6) 

The eighth  meeting  of  the Conference of the Parties to  the Rotterdam  Convention is 
expected  to  take  decisions  on  the  proposed  amendments  to  Annex  III.  The  Union 
should support those amendments. 

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Council  Decision  2006/730/EC  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 (OJ L 299, 28.10.2006, p. 23). 
Regulation (EU) No 649/2012 of the European Parliament and of the Council of 4 July 2012 concerning 
the export and import of hazardous chemicals (OJ L 201, 27.7.2012, p. 60). 

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(7) 

The  position  of  the  Union  within  the  Conference  of  the  Parties  should  therefore  be 
based on this Decision, 

HAS ADOPTED THIS DECISION:  

Article 1 

1. The position to be adopted on behalf of the European Union at the eighth meeting of the 
Conference  of  the  Parties  to  the  Rotterdam  Convention  is  that  the  Union  shall  support  the 
adoption of the amendments to Annex III to the Rotterdam Convention on the Prior Informed 
Consent  Procedure  for  certain  hazardous  chemicals  and  pesticides  in  international  trade  as 
regards the inclusion of carbofuran, carbosulfan, chrysotile asbestos, short-chain chlorinated 
paraffins,  all  tributyltin  compounds,  trichlorfon,  fenthion  (ultra  low  volume  (ULV) 
formulations  at  or  above  640  g  active  ingredient/L)  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. 

2.  Minor  changes  to  this  position  may  be  agreed  to  by  the  representatives  of  the  Union,  in 
light  of  the  developments  at  the  eighth  meeting  of  the  Conference  of  the  Parties  to  the 
Rotterdam Convention, without further decision of the Council.  

This Decision shall enter into force on the date of its adoption. 

Done at Brussels, 

Article 2 

For the Council 
The President 

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