CELEX: 52011SC0304
Language: en
Date: 2011-03-11 00:00:00
Title: RECOMMENDATION FROM THE COMMISSION TO THE COUNCIL to amend Council Decision of 26 July 2010 on the participation of the European Union in negotiations of amendments to the 1998 Protocol on Heavy Metals to the 1979 Convention on Long-range Transboundary Air Pollution

EN
EN    EN
 ---pagebreak---                     EUROPEAN COMMISSION
                                                   Brussels, 11.3.2011
                                                   SEC(2011) 304 final
         RECOMMENDATION FROM THE COMMISSION TO THE COUNCIL
   to amend Council Decision of 26 July 2010 on the participation of the European Union
      in negotiations of amendments to the 1998 Protocol on Heavy Metals to the 1979
                  Convention on Long-range Transboundary Air Pollution
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 ---pagebreak---                          A.       EXPLANATORY MEMORANDUM
   1.  OBJECTIVES
       The objective of this Recommendation is to amend the Council Decision of 26 July
       2010 on the participation of the European Union in negotiations of amendments to
       the 1998 Protocol on Heavy Metals to the 1979 Convention on Long-Range
       Transboundary Air Pollution (hereafter: the Council Decision) in view of the
       decision of the Convention's Executive Body in December 2010 to broaden the scope
       of the negotiations to include mercury containing products and adjust the timing for
       the finalisation of the negotiations.
   2.  GENERAL CONTEXT
       The European Union is a Party to the UN-ECE Convention on Long-Range
       Transboundary Air Pollution (hereinafter: the Convention) since 15 July 1982 and to
       the Protocol on Heavy Metals (hereinafter: the Protocol) since 3 May 2001. The
       Protocol sets obligations for the Parties that aim at reducing air emissions of heavy
       metals, in particular for cadmium, lead and mercury.
       The Executive Body of the Convention in December 2009 decided to revise the
       Protocol with the aim of facilitating for non-parties to accede to an amended Protocol
       and mandated the Working Group on Strategies and Review (hereinafter: WGSR) to
       start negotiations. At that time negotiations on mercury containing products (Annex
       VI and VII) were excluded from the mandate awaiting further information on
       progress in the recently opened negotiations under UNEP on a global legally binding
       instrument for mercury. The WGSR was mandated to aim at concluding negotiations
       by the end of 2011.
       On 26 July 2010, the Council authorised the Commission to participate on behalf of
       the EU in the negotiations of the revision of the Protocol. The Council Decision was
       adopted in view of the mandate given to the WGSR in December 2009 and therefore
       does not include an authorisation to negotiate obligations on mercury containing
       products (described in Annex VI and VII). In this respect, the Council Decision in
       Article 1 Paragraph 4 stipulates that the Council may, in any case, consider
       reviewing the negotiating directives, should the Executive Body decide to broaden
       the mandate to amend Annex VI, including consequential changes to other parts of
       the Protocol and its Annexes.
       Furthermore, the Commission was authorised to participate on behalf of the EU in
       the negotiations until the end of 2011, in accordance with the original plan of the
       negotiations under the Convention.
   3.  RECENT DEVELOPMENTS
       On 17 December 20101 the Executive Body of the Convention decided to broaden
       the scope of negotiations to include also aspects of mercury containing products (i.e.
       Annex VI and VII) and consequential changes to the other parts of the Protocol. It
       further mandated the WGSR to continue negotiations with the view of finalizing the
       discussions and presenting proposed amendments to the Protocol in 2012 at the
   1
      Report of the twenty-eight session of the Executive Body of the Convention (Section VI B)
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 ---pagebreak---             latest. The main reason for broadening the scope was the positive signals from some
            non-Parties, in particular Belorussia and the Russian Federation, that amendments of
            Annex VI and VII would be important for these countries to accede to an amended
            Protocol. In the light of Article 1 Paragraph 4 of the Council Decision and in
            accordance with Article 218 (3) of the Treaty on the Functioning of the European
            Union, it is necessary for the Commission to make recommendations to the Council
            which shall authorize the Commission to participate in the negotiations on behalf of
            the EU also on the above mentioned additional elements. At the same time the
            Recommendation proposes to adjust the time frame of the authorization in order to
            enable the Commission to participate in the negotiations until the end of 2012.
   4.       EXISTING UNION'S PROVISIONS
            The subject matter of Annexes VI (product measures) and VII (product management)
            is covered by EU legislation. This includes Directive 98/70/EC of the European
            Parliament and of the Council of 13 October 1998 relating to the quality of petrol and
            diesel fuels2 and Directive 2006/66/EC on batteries and accumulators and waste
            batteries and accumulators3 (as amended by Directive 2008/103/EC4).
            Product management measures now listed in Annex VII are covered inter alia by
            Regulation 1103/20105 on the labeling of batteries, Directive 2002/95/EC on
            restriction of the use of certain hazardous substances in electrical and electronic
            equipment6, Directive 2002/96/EC on waste electrical and electronic equipment
            (WEEE)7 and Directive 2007/51/EC relating to restrictions on the marketing of
            certain measuring devices containing mercury8.
                                      B.  RECOMMENDATION
   In the light of the above, the Commission recommends amending the Council Decision as
   follows:
   (a)      In Article 1 Paragraph 1, the words '2010 and 2011' are replaced by '2011 and 2012';
   (b)      Article 1 Paragraph 4 is replaced by the following:
            '4. The Council may review the content of the negotiating directives at any time. The
            Council may, in particular, consider reviewing them in case of relevant developments
            during 2011 and 2012. To this effect, the Commission shall report to the Council on
            the outcome of the negotiations at regular intervals.'
   (c)      Point 1 of the Negotiating Directives set out in the Annex to the Council Decision is
            replaced by the following:
            '1. In the negotiation process under the auspices of the UNECE, the Commission
            shall endeavour to ensure the objectives falling within the scope of the mandate
            given by the Executive Body of the Convention on Long-Range Transboundary Air
   2
           OJ L 350 , 28.12.1998 p. 58
   3
           OJ L 266, 26.9.2006, p. 1
   4
           OJ L 327, 5.12.2008, p. 7
   5
           OJ L 313 30.11.2010, p 3
   6
           OJ L 37, 13.2.2003, p. 19
   7
           OJ L 37, 13.2.2003, p. 24
   8
           OJ L 257, 3.10.2007, p.13
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 ---pagebreak---    Pollution to the Working Group on Strategies and Review (WGSR) on 17 December
   2010, that is:
   "(a) To continue negotiations with the view of finalizing the discussions and
   presenting proposed amendments to the Protocol on Heavy Metals at the thirtieth
   session of the Executive Body in 2012 at the latest. It requested the Working Group
   to consider potential revisions to the Protocol on Heavy Metals that fall within the
   following scope:
         (i)      As a first priority for any revision possibilities for increasing
         ratifications of the Protocol taking into consideration possible options put
         forward by the Task Force on Heavy Metals;
         (ii)     Potential revisions to the text of the Protocol and annexes I to VII,
         taking into consideration possible options put forward by the Task Force on
         Heavy Metals as well as the relevant adopted amendments to the Protocol on
         POPs and the proposed amendments to the Gothenburg Protocol, provided that
         such revisions would not make it more difficult to achieve increased
         ratifications;
         (iii) Possibilities to make the Protocol more adaptable to future
         developments by producing a guidance document on best available techniques
         extracted from annex III and updated as appropriate".
   (b) To focus the negotiations, as requested in 2011,on those proposed amendments
   aimed at increasing ratifications and that address issues raised also in the revision of
   the Gothenburg Protocol.
   (c) To be mindful of the work of the Intergovernmental Negotiating Committee,
   under the auspices of the United Nations Environment Program, when considering
   proposals for amendments to Annexes VI and VII regarding mercury containing
   products (based on the proposal by the European Union and the work of the Task
   Force on Heavy Metals) given that this Intergovernmental Negotiating Committee is
   working towards a legally-binding global instrument to address mercury including
   mercury containing products.'
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