Legal provisions of COM(2023)42 - EU position on the Prior Informed Consent Procedure for certain hazardous chemicals and pesticides in international trade on amendments to the Convention (Annex III)

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dossier COM(2023)42 - EU position on the Prior Informed Consent Procedure for certain hazardous chemicals and pesticides in international trade on ...
document COM(2023)42 EN
date April 25, 2023

Contents

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 and any subsequent Conference of the Parties where the point is on the agenda shall be that the Union shall 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

The position to be taken on the Union's behalf at the eleventh meeting of the Conference of the Parties to the Convention and any subsequent Conference of the Parties where the point is on the agenda shall be that the Union shall advocate an amendment that would introduce a voting mechanism for the listing of chemicals in Annex III to the Convention. The alternative position shall be to support the adoption of the amendments submitted by Switzerland, Australia and Mali (document XXX), provided that the following conditions are met and necessary amendments are made to that effect:

(a)there is no sufficient support by other Parties for an amendment of the decision-making procedure for listing chemicals in Annex III that would introduce the possibility to vote in accordance Article 22(4) read in conjunction with Article 22(3), but without the application of Article 22(3), point (b), of the Convention,

(b)the additional rules and procedures introduced by the amendments are coherent with the existing rules and procedures under the Convention,

(c)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 when that chemical will have been already listed in Annex VIII to the Convention,

(d)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,

(e)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.

Article 3

Refinements 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 and any subsequent Conference of the Parties where the point is on the agenda, may be agreed upon by representatives of the Union, in consultation with the Member States, during on-the-spot coordination meetings without a further decision of the Council.

Article 4

This Decision is addressed to the Commission.