Explanatory Memorandum to COM(2014)652 - EU position with regard to the proposal for an amendment of Annex I to the Helsinki Convention on Transboundary Effects of Industrial Accidents

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52014PC0652

Proposal for a COUNCIL DECISION on the position to be adopted, on behalf of the European Union, at the Eighth Conference of the Parties to the Helsinki Convention on Transboundary Effects of Industrial Accidents with regard to the proposal for an amendment of Annex I /* COM/2014/0652 final - 2014/0301 (NLE) */


Explanatory Memorandum

1.

CONTEXT OF THE PROPOSAL



The European Union and most of its Member States are Parties to the UNECE Convention on the Transboundary Effects of Industrial Accidents[1]. The Convention applies to the prevention of, preparedness for and response to industrial accidents at sites where hazardous activities take place capable of causing transboundary effects.

The Seveso II Directive[2] is the legal instrument to fulfill the obligations of the European Union arising out of the Convention. Annex I to the Convention and Annex I to the Seveso II Directive list categories of and individual hazardous substances for the purpose of defining hazardous activities. In June 2015 the Seveso II Directive will be replaced by the Seveso III Directive[3], which amongst others, modifies Annex I.

2.

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS



At its 7th meeting in 2012, the Conference of the Parties (CoP) to the UNECE Convention on the Transboundary Effects of Industrial Accidents mandated the Working Group on the Development of the Convention (WGD) to draft a revised Annex I to the Convention to bring it in line with the United Nations Globally Harmonized System of Classification and Labelling of Chemicals (GHS) and to maintain consistency with the corresponding European Union legislation (i.e. the Seveso III Directive).

The Working Group finalised a proposal for the amendment of Annex I to the Convention. EU Member States' experts and the Commission participated in the discussions. The proposal was endorsed by the Bureau of the Convention at its meeting in July 2014 and will be submitted in the CoP for adoption at its December 2014 meeting.

As this proposal aligns Annex I to the Convention with Annex I to the Seveso III Directive, it would not cause any environmental or social-economic impacts in the EU.

3.

LEGAL ELEMENTS OF THE PROPOSAL



The draft text adjusts the content of Annex I to the Convention to that of Annex I to the Seveso III Directive. Consequently it is fully in line with existing European Union legislation and all relevant reservations expressed by the European Union regarding the current Annex I to the Convention can be lifted once the proposed amendment is adopted by the Conference of the Parties and has become effective.

4.

BUDGETARY IMPLICATION



The proposed decision does not have budgetary implications for the Union.

In view of the above, at the eighth meeting of the UNECE Convention on the Transboundary Effects of Industrial Accidents, the European Union should support the adoption of the draft revised Annex I.