Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union at the Conference of the Parties as regards amendments of Annex III to the Rotterdam Convention on the Prior Informed Consent Procedure for certain hazardous chemicals and pesticides in international trade
Date: 2021-04-20
Institutions: Directorate-General for Environment, European Commission
Subjects: UN convention, chemical product, dangerous substance, environmental protection, export, import, international trade, pesticide, public health, revision of an agreement

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   EUROPEAN COMMISSION  Brussels, 20.4.2021  COM(2021) 194 final 2021/0100 (NLE)  Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union at the Conference of the Parties as regards amendments of Annex III to the Rotterdam Convention on the Prior Informed Consent Procedure for certain hazardous chemicals and pesticides in international trade  
 
EXPLANATORY MEMORANDUM 

1. 

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CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

The  Rotterdam  Convention  on  the  Prior  Informed  Consent  Procedure  for  certain  hazardous 
chemicals  and  pesticides  in  international  trade  (the  Convention)  entered  into  force  on  24 
February 2004. It was approved by the Council Decision concerning 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 (2006/730/EC 
with  retroactive  effect  from  19  December  2002)1  and  entered  into  force  for  the  European 
Community  on  24  February  2004.  The  aim  of  the  Convention  is  to  promote  shared 
responsibility  and  cooperative  efforts  among  Parties  in  the  international  trade  of  certain 
hazardous  chemicals  in  order  to  protect  human  health  and  the  environment  from  potential 
harm  and  to  contribute  to  their  environmentally  sound  use.  The  Convention  provides  a 
framework  for  information  exchange  about  the  characteristics  of  certain  chemicals,  for  a 
national  decision-making  process  on  their  import  and  export  and  for  disseminating  those 
decisions to Parties. 

Regulation (EU) No 649/2012 of the European Parliament and of the Council of 4 July 20122 
implements in Union law the commitments set out in the Convention. 

Established  pursuant  to  Article  18  of  the  Convention,  the  Conference  of  the  Parties  is  the 
governing body of the Rotterdam Convention. This body normally meets every two years to 
monitor the implementation of the Convention. It also reviews chemicals brought forward for 
its consideration by the Chemical Review Committee (CRC). 

In accordance with Article 5(1) of the Convention, Parties are required to submit notifications 
of  final  regulatory  action  taken  to  ban  or  severely  restrict  the  use  of  a  chemical  at  national 
level. After receipt by the Secretariat of two such notifications on the same chemical from two 
Parties  belonging  to  two  different  PIC  regions,  those  notifications  will  be  presented  to  the 
CRC. The CRC is to review those notifications against the criteria laid down in Annex II to 
the Convention. Based on the outcome of that review, the CRC recommended the listing of 
acetochlor,  carbosulfan,  chrysotile  asbestos,  decabromodiphenyl  ether,  fenthion  (ultra  low 
volume  (ULV)  formulations  at  or  above  640  g  active  ingredient/L),  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,  and  perfluorooctanoic  acid 
(PFOA),  its  salts  and  PFOA-related  compounds  in  Annex  III  to  the  Convention  since  all 
criteria  were  found  to  be  met.  The  procedure  for  adoption  of  amendments  to  Annexes  is 
governed by Article 22 of the Convention. 

In accordance with Article 23 of the Convention, each party has one vote. However, regional 
economic integration organisations such as the EU exercise their right to vote with a number 
of votes equal to the number of their Member States that are parties to the Convention. 

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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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At  the  tenth  ordinary  meeting,  the  Conference  of  the  Parties  will  consider  the  adoption  of 
decisions  to  list  acetochlor,  carbosulfan,  chrysotile  asbestos,  decabromodiphenyl  ether, 
fenthion (ultra low volume (ULV) formulations at or above 640 g active ingredient/L), 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,  and 
perfluorooctanoic  acid  (PFOA),  its  salts  and  PFOA-related  compounds  in  Annex  III  to  the 
Convention. 

The listing in Annex III has the effect that the chemicals will be subject to the Prior Informed 
Consent  Procedure  when  internationally  traded.  This  will  require  Parties  to  submit  import 
responses to the Secretariat so that the Secretariat can make those import responses available 
to  all  Parties.  Exporting  Parties  will  be  required  to  respect  the  import  responses  when 
exporting those chemicals. 

The envisaged act will become binding on the Parties in accordance with Article 22(5)(c) of 
the  Convention,  which  provides:  ‘A  decision  to  amend  Annex  III  shall  forthwith  be 
communicated to the Parties by the Depositary. The amendment shall enter into force for all 
Parties on a date to be specified in the decision.’ 

The  use  of  acetochlor,  carbosulfan,  chrysotile  asbestos,  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,  is  prohibited  in  the  Union  by  the 
respective  legislation.  The  use  of  decabromodiphenyl  ether  and  perfluorooctanoic  acid 
(PFOA), its salts and PFOA-related  compounds is  restricted by Regulation (EU) 2019/1021 
on  persistent  organic  pollutants3,  since  both  chemicals  are  subject  to  the  Stockholm 
Convention on persistent organic pollutants. 

This proposal concerns the decision establishing the position to be taken on the Union's behalf 
at  the  Conference  of  the  Parties  to  the  Rotterdam  Convention  in  connection  with  the 
envisaged  adoption  of  decisions  to  amend  Annex  III  by  listing  acetochlor,  carbosulfan, 
chrysotile asbestos, decabromodiphenyl ether, fenthion (ultra low volume (ULV) formulations 
at  or  above  640  g  active  ingredient/L),  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,  and  perfluorooctanoic  acid  (PFOA),  its  salts  and  PFOA-
related compounds. 

• 

Consistency with existing policy provisions in the policy area 

The proposal  is  coherent with  and complements the implementation  of Regulation  (EU) No 
649/2012, which implements the Rotterdam Convention in the Union. It is fully in line with 
the  objective  of  the  Convention  to  promote  shared  responsibility  and  cooperative  efforts 
among  Parties  in  the  international  trade  of  certain  hazardous  chemicals  in  order  to  protect 
human  health  and  the  environment  from  potential  harm  and  to  contribute  to  their 
environmentally sound use. 

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Regulation  (EU)  2019/1021  of  the  European  Parliament  and  of  the  Council  of  20  June  2019  on 
persistent organic pollutants (OJ L 169, 25.6.2019, p. 45). 

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• 

Consistency with other Union policies 

The proposal is coherent with Regulation (EC) No 1107/2009, Regulation (EU) No 528/2012 
and  Regulation  (EC)  No  1907/2006  since  it  does  not  interfere  with  any  decisions  on  the 
placing on the market of chemicals in the European Union.  

2. 

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LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The procedural legal basis for the proposed Council Decision is Article 218(9) TFEU, which 
is the appropriate basis for an act defining the position of the European Union in relation to an 
international agreement, in this case the Rotterdam Convention. 

The substantive legal basis is Article 192 of the TFEU, paragraph 1, given that the measures 
agreed  under  the  Rotterdam  Convention  predominantly  pursue  an  environmental  objective 
(i.e.  the  protection  of  human  health  and  the  environment  through  the  control  of  the 
international trade in certain hazardous chemicals and pesticides). 

Consequently,  the  legal  basis  of  the  proposed  decision  should  be  Article  192(1),  in 
conjunction with Article 218(9) TFEU. 

• 

Subsidiarity (for non-exclusive competence)  

Protecting  human  health  and  the  environment  from  potential  harm  of  certain  hazardous 
chemicals  and  contributing  to  their  environmentally  sound  use  is  a  global  concern  and  the 
Rotterdam Convention is implemented in the Union by Regulation (EU) No 649/2012. Since 
the  Union  is  a  Party  to  the  Convention,  it  is  appropriate  that  the  Union  participates  in  the 
decision-making at the Conference of the Parties. 

• 

Proportionality 

Protecting  human  health  and  the  environment  from  potential  harm  of  certain  hazardous 
chemicals  and  contributing  to  their  environmentally  sound  use  is  a  global  concern  and 
requires  a  global  effort.  The  listing  of  acetochlor,  carbosulfan,  chrysotile  asbestos, 
decabromodiphenyl ether, fenthion (ultra low volume (ULV) formulations at or above 640 g 
active  ingredient/L),  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, and perfluorooctanoic acid (PFOA), its salts and PFOA-related compounds in Annex 
III has been recommended by the Chemical Review Committee of the Convention since the 
chemicals  were  found  to  meet  the  criteria  in  accordance  with  Annex  II  to  the  Convention. 
Therefore,  it  is  proportionate  to  support  the  listing  of  those  chemicals  in  Annex  III  to  the 
Convention to ensure that appropriate action is taken at global level. 

3. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Stakeholder consultations 

A  systematic  stakeholder  consultation  has  not  been  carried  out  since  there  will  be  no 
consequences  for  stakeholders  in  the  European  Union,  except  that  certain  rules  have  to  be 
followed when exporting those chemicals. However, stakeholders were consulted throughout 
the  review  of  the  notifications  on  those  chemicals  carried  out  by  the  Chemical  Review 
Committee of the Convention and their comments were addressed. 

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Impact assessment 

An impact assessment has not been carried out since the decisions that may be adopted under 
the  Convention  will  not  have  any  impact  on  the  use  of  those  chemicals  in  the  European 
Union.  

• 

Regulatory fitness and simplification 

The proposal may have a minor impact on commercial activity since the chemicals are not in 
commercial use in the Union but may be produced for export and, therefore, does not exempt 
micro-enterprises  and  does  not  include  special  rules  for  SMEs.  The  proposal  may  have  a 
minor  impact  on  sectorial  EU  competitiveness  or  on  trade  between  the  Union  and  third 
countries  since  certain  rules  would  have  to  be  followed  when  trading  those  chemicals 
internationally. 

4. 

BUDGETARY IMPLICATIONS 

The proposal has no budgetary implications. 

5. 

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OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

An implementation plan, monitoring, evaluation and reporting are not deemed necessary. 

• 

Detailed explanation of the specific provisions of the proposal 

The  proposal  gives  the  Commission  the  mandate  to  support  the  listing  of  acetochlor, 
carbosulfan, chrysotile asbestos, decabromodiphenyl ether, fenthion (ultra low volume (ULV) 
formulations  at  or  above  640  g  active  ingredient/L),  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,  and  perfluorooctanoic  acid  (PFOA),  its 
salts  and  PFOA-related  compounds  at  the  Conference  of  the  Parties  to  the  Rotterdam 
Convention on behalf of the European Union. 

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2021/0100 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be taken on behalf of the European Union at the Conference of the 
Parties as regards amendments of Annex III to the Rotterdam Convention on the Prior 
Informed Consent Procedure for certain hazardous chemicals and pesticides in 
international trade 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 192(1) in conjunction with Article 218(9) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

The  Rotterdam  Convention  on  the  Prior  Informed  Consent  Procedure  for  certain 
hazardous  chemicals  and  pesticides  in  international  trade  (‘the  Convention’)  entered 
into force on 24 February 2004 and was concluded on behalf of the Union by Council 
Decision (2006/730/EC)1. 

Regulation (EU) No 649/2012 of the European Parliament and of the Council of 4 July 
2012 implements the Rotterdam Convention in the Union2. 

Pursuant  to  Article  7  of  the  Convention,  the  Conference  of  the  Parties  shall  decide 
whether to list chemicals in Annex III. 

The  tenth  meeting  of  the  Conference  of  the  Parties  to  the  Rotterdam  Convention  is 
expected to adopt decisions to list further chemicals in Annex III. 

It  is  appropriate  to  establish  the  position  to  be  taken  on  the  Union's  behalf  in  the 
Conference of the Parties, as the decisions will be binding on the Union. 

In order to ensure that importing countries benefit from the protection offered by the 
Rotterdam Convention and since all relevant criteria under the Convention are met, it 
is  necessary  and  appropriate  to  support  the  recommendation  from  the  Chemical 
Review  Committee,  a  subsidiary  body  of  the  Rotterdam  Convention,  as  regards  the 
inclusion  in  Annex  III  to  the  Rotterdam  Convention  of  acetochlor,  carbosulfan, 
chrysotile  asbestos,  decabromodiphenyl  ether,  fenthion  (ultra  low  volume  (ULV) 
formulations at or above 640 g active ingredient/L), 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,  and  perfluorooctanoic  acid 
(PFOA), its salts and PFOA-related compounds. The use of those substances is already 
banned  or  severely  restricted  in  the  Union  and  most  of  them  are  subject  to  export 

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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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requirements  that  go  beyond  what  is  required  under  the  Rotterdam  Convention 
pursuant to Regulation (EU) No 649/2012, 

HAS ADOPTED THIS DECISION:  

Article 1 

The  position  to  be  adopted  on  behalf  of  the  European  Union  at  the  tenth  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  acetochlor,  carbosulfan,  chrysotile  asbestos,  decabromodiphenyl 
ether, fenthion (ultra low volume (ULV) formulations at or above 640 g active ingredient/L), 
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,  and 
perfluorooctanoic acid (PFOA), its salts and PFOA-related compounds. 

This Decision is addressed to the Commission. 

Done at Brussels, 

Article 2 

For the Council 
The President 

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