natgillin/translations-raw huggingface dataset:
This means adding chemicals which will be subject to an EU-export ban at a known date in the future, for example mercury.
This means adding chemicals which will be subject to an EU-export ban at a known date in the future, for example mercury.
It is now already clear that the export of mercury will be banned in the near future (almost certainly before this Regulation enters into force).
It is now already clear that the export of mercury will be banned in the near future (almost certainly before this Regulation enters into force).
The Rotterdam Convention on the Prior Informed Consent (PIC) Procedure for certain hazardous chemicals and pesticides in international trade was adopted in September 1998 and entered into force on 24 February 2004.
The Rotterdam Convention on the Prior Informed Consent (PIC) Procedure for certain hazardous chemicals and pesticides in international trade was adopted in September 1998 and entered into force on 24 February 2004.
Regulation (EC) No 304/2003 of the European Parliament and of the Council of 28 January 2003 concerning the export and import of dangerous chemicals
Regulation (EC) No 304/2003 of the European Parliament and of the Council of 28 January 2003 concerning the export and import of dangerous chemicals
OJ L 67, 6.3.2003, p.
OJ L 67, 6.3.2003, p.
1. implemented the Convention.
1. implemented the Convention.
The Commission felt compelled to bring an action against the Council and the European Parliament before the Court of Justice because it did not agree with the change in the legal basis (from the common commercial policy to environmental policy).
The Commission felt compelled to bring an action against the Council and the European Parliament before the Court of Justice because it did not agree with the change in the legal basis (from the common commercial policy to environmental policy).
In its judgment of 10 January 2006, the Court of Justice annulled the Regulation because it ought to have been based both on Article 133 and on Article 175(1) of the Treaty
In its judgment of 10 January 2006, the Court of Justice annulled the Regulation because it ought to have been based both on Article 133 and on Article 175(1) of the Treaty
Case C-178/03. .
Case C-178/03. .
At the same time, the Court maintained the effects of the Regulation until the adoption, within a reasonable period, of a new regulation founded on the appropriate legal bases.
At the same time, the Court maintained the effects of the Regulation until the adoption, within a reasonable period, of a new regulation founded on the appropriate legal bases.
The Commission therefore submitted a fresh proposal for a new regulation based on the two above-mentioned legal bases.
The Commission therefore submitted a fresh proposal for a new regulation based on the two above-mentioned legal bases.
It simultaneously proposed making certain technical changes to the proposal in the light of a report on experience of the procedures to date.
It simultaneously proposed making certain technical changes to the proposal in the light of a report on experience of the procedures to date.
Substance of the Commission proposal
Substance of the Commission proposal
In substance, the text is virtually identical to Regulation (EC) No 304/2003, with the exception of the new twofold legal basis and a few technical changes of substance in the light of an implementation report (COM(2006)747).
In substance, the text is virtually identical to Regulation (EC) No 304/2003, with the exception of the new twofold legal basis and a few technical changes of substance in the light of an implementation report (COM(2006)747).
The Regulation implements the Rotterdam Convention for the European Community.
The Regulation implements the Rotterdam Convention for the European Community.
It is intended to promote joint responsibility between parties with regard to international trade in chemicals which elsewhere are strictly controlled or banned.
It is intended to promote joint responsibility between parties with regard to international trade in chemicals which elsewhere are strictly controlled or banned.
By means of exchanges of information between the parties, and by means of compulsory national decision-making on the acceptability of imports and exports of these chemicals, the awareness of the countries concerned is to be increased.
By means of exchanges of information between the parties, and by means of compulsory national decision-making on the acceptability of imports and exports of these chemicals, the awareness of the countries concerned is to be increased.
The Regulation includes annexes listing hazardous substances, exports of which must be reported annually to importing countries.
The Regulation includes annexes listing hazardous substances, exports of which must be reported annually to importing countries.
For some substances, explicit authorisation must be obtained from the importing country before the substance may be exported.
For some substances, explicit authorisation must be obtained from the importing country before the substance may be exported.
This is called the prior informed consent (PIC) procedure.
This is called the prior informed consent (PIC) procedure.
In order to give a clear picture of the regulation, it is important to note that four categories of substances exist :
In order to give a clear picture of the regulation, it is important to note that four categories of substances exist:
1. 'chemical subject to export notification': any chemical that is banned or severely restricted within the Community within one or more categories or sub‑categories, and any chemical that is subject to the PIC procedure listed in Part 1 of Annex I;
1. 'chemical subject to export notification': any chemical that is banned or severely restricted within the Community within one or more categories or sub‑categories, and any chemical that is subject to the PIC procedure listed in Part 1 of Annex I;
2. 'chemical qualifying for PIC notification': any chemical that is banned or severely restricted within the Community or a Member State within one or more categories, listed in Part 2 of Annex I;
2. 'chemical qualifying for PIC notification': any chemical that is banned or severely restricted within the Community or a Member State within one or more categories, listed in Part 2 of Annex I;
3. 'chemical subject to the PIC procedure': any chemical listed in Part 3 of Annex I to the Regulation (and Annex III to the Rotterdam Convention) to which the PIC procedure applies pursuant to the Rotterdam Convention;
3. 'chemical subject to the PIC procedure': any chemical listed in Part 3 of Annex I to the Regulation (and Annex III to the Rotterdam Convention) to which the PIC procedure applies pursuant to the Rotterdam Convention;
4. chemicals and articles whose export is banned and which are listed in Annex V to the Regulation.
4. chemicals and articles whose export is banned and which are listed in Annex V to the Regulation.
Only Category 3 is directly taken from the Rotterdam Convention.
Only Category 3 is directly taken from the Rotterdam Convention.
The other categories are derived from other EU legislation or from attempts to anticipate possible extensions of the Rotterdam Convention.
The other categories are derived from other EU legislation or from attempts to anticipate possible extensions of the Rotterdam Convention.
In addition, it may be said that Categories 1 to 4 correspond to increasingly strict rules.
In addition, it may be said that Categories 1 to 4 correspond to increasingly strict rules.
It is logical that the EU should adopt more far-reaching measures in this connection than provided for in the Rotterdam Convention.
It is logical that the EU should adopt more far-reaching measures in this connection than provided for in the Rotterdam Convention.
At present, 39 substances are listed in Annex III to the Rotterdam Convention, to which the PIC procedure applies.
At present, 39 substances are listed in Annex III to the Rotterdam Convention, to which the PIC procedure applies.
This means, therefore, that countries may refuse to allow the importation of these substances.
This means, therefore, that countries may refuse to allow the importation of these substances.
Since 2004, no more substances have been added to this list.
Since 2004, no more substances have been added to this list.
Next year, the p esticide endosulfan and the biocide tributyl tin (TBT) will probably be added to the list.
Next year, the pesticide endosulfan and the biocide tributyl tin (TBT) will probably be added to the list.
In two years' time, four other chemicals may follow: benzidin and its salts, endrin, methamidofos and mirex.
In two years' time, four other chemicals may follow: benzidin and its salts, endrin, methamidofos and mirex.
In addition, there is a list of 160 chemicals which are awaiting decisions.
In addition, there is a list of 160 chemicals which are awaiting decisions.
However, decision-making is very laborious and slow.
However, decision-making is very laborious and slow.
Despite repeated attempts, it has not yet proved possible to add white asbestos (chrysotile) to the list of substances subject to the PIC procedure.
Despite repeated attempts, it has not yet proved possible to add white asbestos (chrysotile) to the list of substances subject to the PIC procedure.
The principal changes which the Commission proposal makes to the existing Regulation are as follows:
The principal changes which the Commission proposal makes to the existing Regulation are as follows:
Change of legal basis: Article 175(1) of the EC Treaty (environment) replaced by a twofold legal basis: Article 133 of the EC Treaty (common commercial policy) and Article 175(1) of the EC Treaty (environment);
Change of legal basis: Article 175(1) of the EC Treaty (environment) replaced by a twofold legal basis: Article 133 of the EC Treaty (common commercial policy) and Article 175(1) of the EC Treaty (environment);
Amendment of the definition of 'exporter' to include exporters not based in the EU who export from the EU;
Amendment of the definition of 'exporter' to include exporters not based in the EU who export from the EU;
Amendment of the provisions on explicit consent to make exports possible if requests for explicit authorisation to import a substance do not receive a sufficiently prompt response;
Amendment of the provisions on explicit consent to make exports possible if requests for explicit authorisation to import a substance do not receive a sufficiently prompt response;
Reassignment from Member States to the Commission of responsibility for obtaining import decisions from third countries;
Reassignment from Member States to the Commission of responsibility for obtaining import decisions from third countries;
Introduction of instruments to make it easier for customs services to enforce the provisions of the Regulation with regard to exports.
Introduction of instruments to make it easier for customs services to enforce the provisions of the Regulation with regard to exports.
This includes the introduction of unique Harmonised Nomenclature (GN) codes, scope for mention in the integrated tariff of the European Communities (Taric), which contains all the Community measures relating to customs tariffs, trade measures and agriculture that are applicable in trade, and a customs module on the website of the European Chemicals Agency enabling customs officers to check information on compliance with the Regulation.
This includes the introduction of unique Harmonised Nomenclature (GN) codes, scope for mention in the integrated tariff of the European Communities (Taric), which contains all the Community measures relating to customs tariffs, trade measures and agriculture that are applicable in trade, and a customs module on the website of the European Chemicals Agency enabling customs officers to check information on compliance with the Regulation.
Point 1 is an inevitable consequence of the Court's judgment; the other points are mainly technical changes arising from the aforementioned evaluation report.
Point 1 is an inevitable consequence of the Court's judgment; the other points are mainly technical changes arising from the aforementioned evaluation report.
Comments on the Commission proposal
Comments on the Commission proposal
It is important that adequate rules should be adopted worldwide and at European level to provide a high level of protection of the environment and public health.
It is important that adequate rules should be adopted worldwide and at European level to provide a high level of protection of the environment and public health.
The problems involved in international trade in hazardous substances necessitate this.
The problems involved in international trade in hazardous substances necessitate this.
The Commission proposal makes a contribution to the development of the policy infrastructure in less developed countries.
The Commission proposal makes a contribution to the development of the policy infrastructure in less developed countries.
This could combat irresponsible use of chemicals which would otherwise damage ecology, the economy and working conditions.
This could combat irresponsible use of chemicals which would otherwise damage ecology, the economy and working conditions.
Your rapporteur can accept most of the changes.
Your rapporteur can accept most of the changes.
Only the amendment of the provisions on explicit authorisation to permit exports meets with objections.
Only the amendment of the provisions on explicit authorisation to permit exports meets with objections.
The proposal also does not entirely correspond to the REACH Regulation.
The proposal also does not entirely correspond to the REACH Regulation.
The EU so far (i.e. under the Regulation as it currently stands) unilaterally requires explicit authorisation from importing countries for these substances.
The EU so far (i.e. under the Regulation as it currently stands) unilaterally requires explicit authorisation from importing countries for these substances.
Exporters from non-EU countries can supply these substances without obtaining prior authorisation from the importing country.
Exporters from non-EU countries can supply these substances without obtaining prior authorisation from the importing country.
The Commission proposal allows exports to proceed temporarily if no explicit authorisation is received.
The Commission proposal allows exports to proceed temporarily if no explicit authorisation is received.
Consequently, European exporters of chemicals which are severely restricted in Europe can export these substances more easily.
Consequently, European exporters of chemicals which are severely restricted in Europe can export these substances more easily.
If an importing country is unable to give an export response within 90 days, exports may proceed for 12 months.
If an importing country is unable to give an export response within 90 days, exports may proceed for 12 months.
After this, authorisation must again be sought.
After this, authorisation must again be sought.
The disadvantage of this more flexible approach is that a country which is unable to respond within 90 days will no longer enjoy any protection against imports of the substance in question, which is strictly regulated in the EU.
The disadvantage of this more flexible approach is that a country which is unable to respond within 90 days will no longer enjoy any protection against imports of the substance in question, which is strictly regulated in the EU.
From the environmental point of view, this is undesirable and is not the intended outcome.
From the environmental point of view, this is undesirable and is not the intended outcome.
However, the point of departure should be that account is to be taken of protection of the least developed countries.
However, the point of departure should be that account is to be taken of protection of the least developed countries.
Two criteria on the basis of which the competent authorities in the Member States can decide after a non-response period to allow exports are defensible: the existence of an assessment and authorisation of the substance in the importing country or the fact that the importing country is an OECD country.
Two criteria on the basis of which the competent authorities in the Member States can decide after a non-response period to allow exports are defensible: the existence of an assessment and authorisation of the substance in the importing country or the fact that the importing country is an OECD country.
However, the argument that substances can be exported if the same substances have previously been imported into the country in question without that country's having taken any regulatory action is not one which your rapporteur can accept.
However, the argument that substances can be exported if the same substances have previously been imported into the country in question without that country's having taken any regulatory action is not one which your rapporteur can accept.
The aim of the legislation is after all to encourage administrative measures in less developed countries.
The aim of the legislation is after all to encourage administrative measures in less developed countries.
3.2 Connection with other legislation It is important to adequately incorporate into this Regulation prohibitions of or restrictions on the use of chemicals arising from new or amended directives and regulations.
3.2 Connection with other legislation It is important to adequately incorporate into this Regulation prohibitions of or restrictions on the use of chemicals arising from new or amended directives and regulations.
The lists of chemicals must be complete.
The lists of chemicals must be complete.
In the case of the following EU legislation, in particular, it is important to ascertain whether relevant chemicals should be added to the annexes to this Regulation:
In the case of the following EU legislation, in particular, it is important to ascertain whether relevant chemicals should be added to the annexes to this Regulation:
· POP Regulation (EC) No 850/2004, Annex IV
· POP Regulation (EC) No 850/2004, Annex IV
· REACH Regulation (EC) No 1907/2006, Annex XVII
· REACH Regulation (EC) No 1907/2006, Annex XVII
· Directive 67/548/EEC, Annex I.
· Directive 67/548/EEC, Annex I.
по предложението за регламент на Европейския парламент и на Съвета относно износа и вноса на опасни химикали
on the proposal for a regulation of the European Parliament and of the Council concerning the export and import of dangerous chemicals
This legislative proposal under consideration seeks to replace Reg.
This legislative proposal under consideration seeks to replace Reg.
304/2003 on the same subject because of a Ruling by the Court of Justice, which annulled it on legal grounds.
304/2003 on the same subject because of a Ruling by the Court of Justice, which annulled it on legal grounds.
It should be noted that "in a parallel judgment, the Court annulled for the same reasons Council Decision 2003/106/EC of 19 December 2002 on the approval, on behalf of the European Community, of the Convention.
It should be noted that "in a parallel judgment, the Court annulled for the same reasons Council Decision 2003/106/EC of 19 December 2002 on the approval, on behalf of the European Community, of the Convention.
The Commission recently put forward a separate proposal to that end, which was adopted by the Council on 25 September 2006 (Decision 2006/730/EC)" ( COM(2006)0745 , p.3).
The Commission recently put forward a separate proposal to that end, which was adopted by the Council on 25 September 2006 (Decision 2006/730/EC)" ( COM(2006)0745 , p.3).
Hence, the proposal under consideration proposes a dual legal basis : Articles 133 and 175(1), as suggested by the Court.
Hence, the proposal under consideration proposes a dual legal basis : Articles 133 and 175(1), as suggested by the Court.
In addition, it includes a number of technical adjustments considered as necessary, while retaining the substance of the annulled regulation; therefore it seeks to:
In addition, it includes a number of technical adjustments considered as necessary, while retaining the substance of the annulled regulation; therefore it seeks to:
(a) Implement the Rotterdam Convention on the Prior Informed Consent Procedure (PIC);
(a) Implement the Rotterdam Convention on the Prior Informed Consent Procedure (PIC);
(b) Establish the procedure for export notification for those chemicals which do not fall under the Rotterdam Convention and the PIC but which are forbidden or restricted within the EU;
(b) Establish the procedure for export notification for those chemicals which do not fall under the Rotterdam Convention and the PIC but which are forbidden or restricted within the EU;
(c) Promote shared responsibility and cooperative efforts in the international movement of hazardous chemicals;
(c) Promote shared responsibility and cooperative efforts in the international movement of hazardous chemicals;
(d) Contribute to their environmentally sound use;
(d) Contribute to their environmentally sound use;
(e) Apply the Community provisions concerning classification, packaging and labelling of chemicals dangerous to man or to the environment to all such chemicals when they are exported from the Member States to other parties or other countries.
(e) Apply the Community provisions concerning classification, packaging and labelling of chemicals dangerous to man or to the environment to all such chemicals when they are exported from the Member States to other parties or other countries.
The Rotterdam Convention
The Rotterdam Convention
The proposal under consideration implements the Rotterdam Convention on the Prior Informed Consent (PIC) Procedure for certain hazardous chemicals and pesticides in international trade.
The proposal under consideration implements the Rotterdam Convention on the Prior Informed Consent (PIC) Procedure for certain hazardous chemicals and pesticides in international trade.
The Rotterdam Convention was adopted in September 1998.
The Rotterdam Convention was adopted in September 1998.
It entered into force on 24 February 2004, having as objective the promotion of shared responsibility and cooperative efforts among parties in the international trade in hazardous chemicals.
It entered into force on 24 February 2004, having as objective the promotion of shared responsibility and cooperative efforts among parties in the international trade in hazardous chemicals.
The goal is to reduce the risk to human health and the environment from hazardous chemicals.
The goal is to reduce the risk to human health and the environment from hazardous chemicals.
The underlying logic of the Rotterdam Convention is simple: 'help participating countries learn more about the characteristics of potentially hazardous chemicals and pesticide formulations'.
The underlying logic of the Rotterdam Convention is simple: 'help participating countries learn more about the characteristics of potentially hazardous chemicals and pesticide formulations'.
It provides countries with the information and the means to stop the unwanted imports of toxic chemicals.
It provides countries with the information and the means to stop the unwanted imports of toxic chemicals.
The Convention puts the requirement on the exporter to advise of an export of hazardous substances and an onus on the exporting country to comply with the decisions of importing countries and those transit countries through whose territory the waste will pass.
The Convention puts the requirement on the exporter to advise of an export of hazardous substances and an onus on the exporting country to comply with the decisions of importing countries and those transit countries through whose territory the waste will pass.
The proposal in question goes beyond the requirements of the Convention.
The proposal in question goes beyond the requirements of the Convention.
The Commission memorandum summarised the differences:
The Commission memorandum summarised the differences:
"- The rules apply to exports to all countries, whether or not they are Parties to the Convention;
"- The rules apply to exports to all countries, whether or not they are Parties to the Convention;