Considerations on COM(2023)541 - 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 establishing a threshold for mercury waste, in accordance with Article 11, paragraph 2, of that Convention - Main contents
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| dossier | COM(2023)541 - EU position at the fifth meeting of the Conference of the Parties to the Minamata Convention on Mercury as regards the ... |
|---|---|
| document | COM(2023)541 |
| date | October 23, 2023 |
(2) Pursuant to Decision MC-1/1 on Rules of Procedures adopted by the Conference of the Parties to the Agreement (‘Conference of the Parties’) at its first meeting, the Parties shall make every effort to reach agreement on all matters of substance by consensus.
(3) The Conference of the Parties to the Agreement, during its third meeting on 25-29 November 2019, adopted Decision MC-3/5 setting thresholds for waste consisting of or containing mercury or mercury compounds, as referred to in Article 11, paragraph 2, of the Agreement, and requiring the group of technical experts, established by the Conference of the Parties at its second meeting on 19-23 November 2018, to develop thresholds for waste contaminated with mercury or mercury compounds (‘mercury contaminated waste’), including for tailings from mining other than primary mercury mining.
(4) The Conference of the Parties, during the second segment of its fourth meeting on 21-25 March 2022, was not able to adopt a Decision on thresholds for mercury contaminated waste, as referred to in Article 11, paragraph 2 (c), of the Agreement. Rather, Decision MC-4/6 requested the group of technical experts to continue its work primarily by electronic means and to hold one face-to-face meeting of sufficient duration to address mercury wastes falling under paragraph 2 (c) of article 11, subject to the availability of resources, and to report on its work to the Conference of the Parties at its fifth meeting.
(5) It is appropriate to establish the position to be taken on the Union's behalf in the Conference of the Parties, as this proposed Decision, if approved, will have legal effects since the Parties to the Agreement will have to take measures to implement it at national and/or regional levels.
(6) The Union contributed significantly to the development of the waste provisions of the Agreement and to the intersessional expert work launched by Decision MC-3/5 and that has led to the recommendations; whereas the Union acquis requires already that all mercury waste referred to in Article 11, paragraph 2, of the Agreement, including mercury contaminated waste, be managed without endangering human health and without harming the environment, irrespective of their mercury content.
(7) The Union should only support the adoption of a Decision by the Conference of the Parties that is consistent with the Union acquis.