CELEX ID: 32006D0730

--- ENGLISH ---

Document:
28.10.2006
EN
Official Journal of the European Union
L 299/23
COUNCIL DECISION
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
(2006/730/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 133 and Article 175(1), in conjunction with the first sentence of the first subparagraph of Article 300(2) and the first subparagraph of Article 300(3) thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament 
(
1
)
,
Whereas:
(1)
Council Decision 2003/106/EC of 19 December 2002 concerning the approval, 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 
(
2
)
 authorised the President of the Council to designate the person or persons empowered to deposit the instrument of approval on behalf of the Community with the Secretary-General of the United Nations, in accordance with Article 25(1) of that Convention, (hereinafter referred to as ‘the Rotterdam Convention’) 
(
3
)
. The instrument of approval, together with the Declaration of competence set out in Annex B to that Decision, was lodged with the Depositary on 20 December 2002. The Rotterdam Convention entered into force on 24 February 2004.
(2)
In its judgment of 10 January 2006 in Case C-94/03 (Commission v Council) 
(
4
)
, the Court of Justice annulled Decision 2003/106/EC as it was based solely on Article 175(1), in conjunction with Article 300 of the Treaty, ruling that both Articles 133 and 175(1), in conjunction with the relevant provisions of Article 300, were the appropriate legal basis.
(3)
The Court's judgment does not affect the Community's status as Party to the Convention. In accordance with Article 46 of the Vienna Convention on the Law of Treaties, the deposit of a new instrument of ratification is therefore not required. A new Council Decision approving the Rotterdam Convention is however necessary together with an amended Declaration of competence to reflect the change in the legal base, in accordance with Article 25(3) of the Rotterdam Convention.
(4)
To ensure legal certainty and to avoid a legal void, it is appropriate for this Decision to take effect from the date at which Decision 2003/106/EC was adopted,
HAS DECIDED AS FOLLOWS:
Article 1
The Rotterdam Convention on the Prior Informed Consent Procedure for certain hazardous chemicals and pesticides in international trade signed in Rotterdam on 11 September 1998, (hereinafter referred to as ‘the Rotterdam Convention’), is hereby approved on behalf of the Community.
Article 2
The President of the Council is hereby authorised to designate the person(s) empowered to deposit, on behalf of the Community, the Declaration of competence set out in the Annex to this Decision, in accordance with Article 25(3) of the Rotterdam Convention.
Article 3
This Decision shall take effect from 19 December 2002.
Done at Brussels, 25 September 2006.
For the Council
The President
M. PEKKARINEN
(
1
)
  Opinion delivered on 5 September 2006 (not yet published in Official Journal).
(
2
)
  
            
OJ L 63, 6.3.2003, p. 27
.
(
3
)
  
            
OJ L 63, 6.3.2003, p. 29
.
(
4
)
  Not yet reported.
ANNEX
Declaration by the European Community in accordance with Article 25(3) of the Rotterdam Convention
The European Community declares that, in accordance with the Treaty establishing the European Community, and in particular Article 175(1) thereof, it is competent to enter into international agreements, and to implement the obligations resulting therefrom, which contribute to the pursuit of the following objectives:
—
preserving, protecting and improving the quality of the environment,
—
protecting human health,
—
prudent and rational utilisation of natural resources,
—
promoting measures at international level to deal with regional or worldwide environmental problems.
The European Community also declares that, in accordance with Article 133 of the Treaty, it has exclusive competence on common commercial policy, concerning, in particular, trade in goods.
Moreover the European Community declares that it has already adopted legal instruments, including 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 
(
1
)
, binding on its Member States, covering matters governed by the Rotterdam Convention, and will submit and update, as appropriate, a list of those legal instruments to the Secretariat of the Rotterdam Convention.
The European Community is responsible for the performance of those obligations resulting from the Rotterdam Convention which are covered by Community law in force.
The exercise of Community competence is, by its nature, subject to continuous development.
(
1
)
  
            
OJ L 63, 6.3.2003, p. 1
. Regulation as last amended by Commission Regulation (EC) No 777/2006 (
OJ L 136, 24.5.2006, p. 9
).

Summary:
International trade in hazardous chemicals (Rotterdam Convention)
SUMMARY OF:
Rotterdam Convention
Decision 2003/106/EC on the approval of the Rotterdam Convention
Decision 2006/730/EC on the conclusion of the Rotterdam Convention
WHAT IS THE AIM OF THE CONVENTION AND OF THE DECISIONS?
The convention provides for a 
prior informed consent procedure
 (PIC) for certain hazardous chemicals and pesticides traded internationally.
The decisions ensure that the 
EU
 approves, concludes and participates in the 
Rotterdam Convention
 since the 
Court of Justice
 annulled the original legislative decision on a point of law.
KEY POINTS
The convention:
regulates the import and export of 52 hazardous chemicals and pesticides;
requires any of the chemicals that it lists to have received an importer's prior consent before they can be exported;
establishes a procedure for exchanging information on decisions taken by importing countries;
requires each signatory to the convention to appoint a national authority to ensure it is fully implemented;
asks each signatory whether or not it is prepared to accept imports of the chemicals and pesticides it lists;
requires exporters to ensure that the listed chemicals are not exported if the importing country has not given its formal approval;
requests parties that have banned or severely restricted a chemical to notify this to the convention's 
Secretariat
;
provides for the exchange of scientific, technical, economic and legal information on the chemicals it covers and the possibility of technical assistance for developing countries on chemical regulation;
allows a signatory to withdraw from the convention 1 year after receiving its notification to do so;
does not cover narcotics, radioactive materials, waste, chemical weapons, food and food additives, genetically modified organisms or chemicals exported for research.
DATE OF ENTRY INTO FORCE
The convention entered into force on 
24 February 2004
.
BACKGROUND
On 
10 January 2006
, the Court of Justice gave a judgment in 
case C-94/03
. The 
European Commission
 had brought the case against the 
Council
, asking the Court to 
annul
 Council Decision 
2003/106/EC
, which had approved the Rotterdam Convention on behalf of the EU.
The Commission argued that the decision should have been based exclusively on the treaty article on common commercial policy (at the time, 
Article 133
 of the Amsterdam Treaty) and not on the article used, which covered environmental policy (
Article 175
 of the same treaty).
The Court ruled that both articles were required to provide the necessary legal basis and annulled the original Council decision. The new decision, which took effect on the date its predecessor was adopted, ensures there is no legal void.
For more information, see:
History of the Rotterdam Convention
 (
European Commission
)
The objectives of the Rotterdam Convention
 (
European Commission
).
MAIN DOCUMENTS
Rotterdam 
convention
 on the prior informed consent procedure for certain hazardous chemicals and pesticides in international trade (OJ L 63, 
6.3.2003
, 
pp. 29-47
)
Council Decision 
2003/106/EC
 of 
19 December 2002
 concerning the approval, 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 63, 
6.3.2003
, 
pp. 27-28
)
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
, 
pp. 23-25
)
RELATED DOCUMENTS
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
, 
pp. 60-106
)
Successive amendments to Regulation (EU) 
No 649/2012
 have been incorporated in the original text. This 
consolidated version
 is of documentary value only.
last update 
6.8.2020

--- DANISH ---

Document:
$da_document

Summary:
$da_summary