Annexes to COM(2023)542 - EU position at the fifth meeting of the Conference of the Parties to the Minamata Convention on Mercury as regards the adoption of a Decision to amend Annexes A and B to that Convention

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Annexes A and B to the Minamata Convention on Mercury.

3Council Decision (EU) 2017/939 of 11 May 2017 on the conclusion on behalf of the European Union of the Minamata Convention on Mercury (OJ L 142, 2.6.2017, p. 4).

4References to articles and annexes in this document are references to articles and annexes to the Minamata Convention on Mercury, unless otherwise specified.

5For the purpose of this document, ‘Parties’ means Parties to the Convention on Mercury.

6Decision adopted by the first Conference of the Parties to the Minamata Convention on Mercury - MC-1/1: Rules of procedure, 22 November 2017,

https://mercuryconvention.org/sites/default/files/documents/decision/UNEP-MC-COP1-Dec1-RulesProcedure.EN.pdf

7First meeting of the Conference of the Parties to the Minamata Convention on Mercury (COP-2), Geneva, Switzerland, 24 – 29 September 2017, https://mercuryconvention.org/en/meetings/cop1

8Decision adopted by the third Conference of the Parties to the Minamata Convention on Mercury - MC-3/1 Review of annexes A and B, UNEP/MC/COP3/Dec. 1, available at: http://www.mercuryconvention.org/Meetings/COP3/Decisions/tabid/8654/language/en-US/Default.aspx

9Proposals by the Africa Region, Canada and Norway to amend Parts I and II of Annex A to the Minamata Convention on Mercury, available at: https://mercuryconvention.org/en/meetings/cop4#cop-documents

10UNEP/MC/COP.4/26/Add1 Proposal by the European Union to amend Part I and II of Annex A and Part I of Annex B to the Minamata Convention on Mercury, available at: https://mercuryconvention.org/en/documents/proposal-european-union-amend-part-i-annex-part-ii-annex-and-part-i-annex-b-minamata

11Decision adopted by the fourth Conference of the Parties to the Minamata Convention on Mercury MC-4/3 Review and amendments of annexes A and B, UNEP/MC/COP4/Dec. 3, available at: https://mercuryconvention.org/sites/default/files/documents/decision/4_Dec3_Amendment.English.pdf

12Proposal by the Africa Region to amend Parts I and II to Annex A, available at: https://mercuryconvention.org/en/meetings/cop5

13See Council Conclusions 'Review of the Community Strategy concerning Mercury', 14 March 2011

14Communication from the Commission of 11.12.219, The European Green Deal, COM(2019) 640 final.

15Communication of the Commission ‘Chemicals Strategy for Sustainability Towards a Toxic-Free Environment’ (COM(2020) 667 final, of 14.10.2020.

16Regulation (EU) 2017/852 of the European Parliament and of the Council of 17 May 2017 on Mercury and repealing Regulation (EC) No 1102/2008 (OJ L 137, 24.05.2017, p. 1).

17Submission from the EU on mercury-added products and manufacturing processes using mercury or mercury compounds (March 2020), available at: http://www.mercuryconvention.org/Portals/11/documents/meetings/COP4/submissions/EU_AnnexAB.pdf

18The notion of ‘placing on the internal market’ includes ‘import’ under EU legislation regulating the placing on the market of mercury-added products.

19The full list of relevant EU law is available in the Commission Staff Working Document Impact Assessment ‘Ratification and Implementation by the EU of the Minamata Convention on Mercury Accompanying the document Proposal for a Regulation of the European Parliament and of the Council on mercury, and repealing Regulation (EC) No 1102/2008’ (SWD/2016/017 final, of 2.2.2016).

20Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment (OJ L 174, 01.07.2011, p. 88).

21Regulation No 1907/2006 of the European Parliament and of the Council of 18 December 2006 on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396 of 30.12.2006, p. 1).

22Commission Delegated Regulation (EU) .../... of 14 July 2023 amending Regulation (EU) 2017/852 of the European Parliament and of the Council as regards mercury-added products subject to manufacturing, import and export prohibitions (C(2023)4683 final).

23Judgment of the Court of Justice of 7 October 2014, Germany v Council, C-399/12, ECLI:EU:C:2014:2258, paragraphs 61 to 64.

24Council Decision (EU) 2017/939 of 11 May 2017 on the conclusion on behalf of the European Union of the Minamata Convention on Mercury (OJ L 142, 2.6.2017, p. 4).

25Council Decision (EU) 2021/727 of 29 April 2021 on the submission, on behalf of the European Union, of proposals to amend Annexes A and B to the Minamata Convention on Mercury, regarding mercury-added products and manufacturing processes in which mercury or mercury compounds are used (OJ L 155, 5.5.2021, p. 23).

26Decision MC-4/3: Review and amendment of annexes A and B to the Minamata Convention on Mercury, 25 March 2022.

27Council Decision (EU) 2021/727 of 29 April 2021 on the submission, on behalf of the European Union, of proposals to amend Annexes A and B to the Minamata Convention on Mercury, regarding mercury-added products and manufacturing processes in which mercury or mercury compounds are used (OJ L 155, 5.5.2021, p. 23).

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