L 135/112
EN
Official Journal of the European Union
23.5.2023
Whilst the Council is currently establishing a position to be taken in a body set up by the Convention, a subsequent approval might, depending on the outcome of those discussions, necessitate a decision on the conclusion of such an amending agreement in accordance with the procedure set out in Article 218(6) TFEU,
HAS ADOPTED THIS DECISION:
Article 1 The position to be taken on the Union’s behalf at the eleventh meeting of the Conference of the Parties to the Convention shall be to support the adoption of the amendments to Annex III to the Convention as regards the inclusion of acetochlor, carbosulfan, chrysotile asbestos, fenthion (ultra low volume (ULV) formulations at or above 640 g active ingredient/L), iprodione, 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 terbufos.
Article 2 1.
The position to be taken on the Union’s behalf at the eleventh meeting of the Conference of the Parties to the Convention shall be to support the adoption of the amendments submitted by Switzerland, Australia, Burkina Faso, Ghana and Mali (document UNEP/FAO/RC/COP.11/13/Add.2), provided that the following conditions are met, and that necessary amendments are made to that effect: (a) the additional rules and procedures introduced by the amendments are coherent with the existing rules and procedures under the Convention; (b) the amendments ensure that preference is given to the listing of chemicals in Annex III to the Convention and that the additional rules do not interfere with the listing of a chemical in Annex III, including where that chemical will already have been listed in Annex VIII to the Convention; (c) the amendments ensure that the rules that will apply to the export of chemicals listed in Annex VIII to the Convention will not be weaker as regards the protection of importing Parties than those that apply to the export of chemicals listed in Annex III to the Convention; (d) the amendments ensure that all Parties that ratify the amendment will be bound by any decision to list a chemical in Annex VIII to the Convention, including any decision that is taken by a vote. 2.
In the event that there is not sufficient support by other Parties for the proposed amendments referred to in paragraph 1 of this Article, the position to be taken on the Union’s behalf at the eleventh meeting of the Conference of the Parties to the Convention shall be to advocate for an amendment of the decision-making procedure for listing chemicals in Annex III to the Convention that would introduce the possibility to vote in accordance with Article 22(4), read in conjunction with Article 22(3), without the application of Article 22(3), point (b), of the Convention.
Article 3 Refinement of the position referred to in Articles 1 and 2, in light of the developments at the eleventh meeting of the Conference of the Parties to the Convention, may be agreed upon by representatives of the Union, in consultation with the Member States, during on-the-spot coordination meetings without further decision of the Council.
Article 4 This Decision shall enter into force on the date of its adoption.