Date: 2018-11-16Category: Not ApplicableState: Union GovernmentCountry: Europe
Council Decision (EU) 2018/1730 of 12 November 2018 on the position to be taken on behalf of the European Union at the second meeting of the Conference of the Parties to the Minamata Convention on Mercury with regard to the adoption of guidelines on the environmentally sound interim storage of mercury, other than waste mercury, referred to in Article 10(2) and (3) of the Convention
Executive Summary:
This Council Decision establishes the European Union's position at the second meeting of the Conference of the Parties (COP2) to the Minamata Convention on Mercury, held from November 19-23, 2018. The EU will support the adoption of guidelines regarding the environmentally sound interim storage of mercury (excluding waste mercury) as referenced in Articles 10(2) and 3 of the Convention. The decision entered into force on November 12, 2018.
Key Points / Main Content:
* **Objective:** To define the EU's stance at COP2 of the Minamata Convention.
* **Subject Matter:** Guidelines on the environmentally sound interim storage of mercury (other than waste mercury).
* **EU Position:**
* Support the adoption of the guidelines as presented in documents submitted for adoption at COP2.
* Representatives of the Union may agree to minor changes to the documents, in consultation with Member States, without further Council decision.
* **Legal Basis & Compliance:**
* The decision is based on Article 192(1) in conjunction with Article 218(9) of the Treaty on the Functioning of the European Union.
* Regulation (EU) 2017/852, particularly Article 7(3), aligns with Article 10(2) of the Convention, as complemented by the revised draft guidelines.
Impact Analysis:
European Union:
* Impact: The EU is required to take a defined position at the COP2 meeting regarding mercury storage guidelines. This ensures a unified and compliant approach to the Minamata Convention.
* Action Required: Support the adoption of the guidelines at COP2, and be prepared to address minor changes in consultation with Member States.
Member States:
* Impact: Member States are to be consulted regarding any minor changes to the guidelines documents at COP2.
* Action Required: Participate in on-the-spot coordination meetings to provide input on any proposed changes to the guidelines.
Conference of the Parties to the Minamata Convention on Mercury:
* Impact: The EU's position will influence the adoption of guidelines on mercury storage.
* Action Required: Consider the EU's position when adopting the guidelines.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
Minamata Convention on Mercury: An international treaty designed to protect human health and the environment from anthropogenic emissions and releases of mercury and mercury compounds.
Council of the European Union: A body composed of government ministers from each EU member state to discuss, amend and adopt laws, and coordinate policies.
European Commission: An institution of the European Union, responsible for proposing legislation, implementing decisions, upholding the EU treaties and managing the day-to-day business of the EU.
Conference of the Parties: A meeting of the Parties to the Minamata Convention on Mercury.
Regulation EU 2017/852: A regulation of the European Parliament and of the Council on mercury, and repealing Regulation (EC) No 1102/2008.
Article 10(2): Article within the Minamata Convention on Mercury related to the environmentally sound interim storage of mercury.
Brussels: The de facto capital city of the European Union located in Belgium.
16.11.2018 EN Official Journal of the European Union L 288/7
DECISIONS
COUNCIL DECISION (EU) 2018/1730
of 12 November 2018
on the position to be taken on behalf of the European Union at the second meeting of the
Conference of the Parties to the Minamata Convention on Mercury with regard to the adoption of
guidelines on the environmentally sound interim storage of mercury, other than waste mercury,
referred to in Article 10(2) and (3) of the Convention
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(1), in conjunction
with Article 218(9) thereof,
Having regard to the proposal from the European Commission,
Whereas:
(1) The Minamata Convention on Mercury ‘the Convention’) was concluded by the Union by means of Council
Decision (EU) 2017/939 (1) and entered into force on 16 August 2017.
(2) Pursuant to Decision MC-1/1 on rules of procedure, adopted by the Conference of the Parties to the Convention
at its first meeting, the Parties are to make every effort to reach agreement on all matters of substance by
consensus.
(3) During its second meeting from 19 to 23 November 2018, the Conference of the Parties to the Convention is to
adopt guidelines on the environmentally sound interim storage of mercury, other than waste mercury (the
‘guidelines’).
(4) It is appropriate to establish the position to be taken on behalf of the Union at the second meeting of the
Conference of the Parties to the Convention, as the guidelines will have legal effects since the Parties to the
Convention have to take such guidelines into account when taking measures with regard to interim storage.
(5) The Union contributed to the revision of the draft guidelines in the framework of the intersessional expert work
launched by Decision MC-1/18, which was adopted by the Conference of the Parties to the Convention at its first
meeting. The Union did not consider it necessary to propose further amendments to the revised draft guidelines
resulting from that intersessional work.
(6) Regulation (EU) 2017/852 of the European Parliament and of the Council (2), and in particular Article 7(3)
thereof, complies with the provisions of Article 10(2) of the Convention, as complemented by the revised draft
guidelines.
(7) The revised draft guidelines should therefore be supported,
HAS ADOPTED THIS DECISION:
Article 1
The position to be taken on behalf of the European Union at the second meeting of the Conference of the Parties to the
Minamata Convention on Mercury (‘COP2’) shall be to support the adoption of the guidelines on the environmentally
sound interim storage of mercury, other than waste mercury, referred to in Article 10(2) and (3) of the Convention, as
contained in the documents submitted for adoption at COP2.
Minor changes to the documents referred to in the first paragraph may be agreed to, in the light of developments at
COP2, by the representatives of the Union, in consultation with Member States during on-the-spot coordination
meetings, without a further decision of the Council.
(1) Council 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).
(2) Regulation (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, 24.5.2017, p. 1).L 288/8 EN Official Journal of the European Union 16.11.2018
Article 2
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 12 November 2018.
For the Council
The President
G. BLÜMEL