Declaration in accordance with article 25 (3):
"The Community declares that, in accordance with the Treaty establishing the European Community, and in particular article 175 thereof, it is competent for entering into international environmental agreements, and for implementing the obligations resulting therefrom, which contribute to the pursuit of the following objectives:
- Preserving, protecting and improving the quality of the environment,
- Protecting human health,
- Prudent and rational utilisation of natural resources,
- Promoting measures at international level to deal with regional or worldwide environmental problems.
Moreover, the Community declares that it has already adopted legal instruments, binding on its Member States, covering matters governed by this Convention, and will submit and update, as appropriate, a list of those legal instruments to the Conference of the Parties in accordance with article 15 (1) of the Convention.
The Community is responsible for the performance of those obligations resulting from the Convention which are covered by Community law in force.
The exercise of Community competence is, by its nature, subject to continuous development."
On 19 August 2015, the European Union notified the Secretary-General of the following: "The Sixth Conference of the Parties to the Stockholm Convention on Persistent Organic Pollutants (the 'Convention') adopted in May 2013 Decision SC-6/13: Listing of hexabromocyclododecane (hereinafter 'HBCDD'). The Decision entered into force on 26 November 2014. On 24 November 2014, pursuant to Article 22.3 (b) of the Convention, the European Union (hereinafter 'the EU') notified the depositary of the Stockholm Convention that, due to an ongoing internal legislative process for HBCDD, the EU was "unable to accept Decision SC-6/13 from its entry into force on 26 November 2014 and until 21 August 2015 after which the EU accepts the Decision and will be able to comply". Since the submission of that notification to the depositary, the EU has been preparing the measures necessary to be able to comply with Decision SC-6/13. However, due to the timeline of internal administrative adoption processes, those measures implementing the requirements of the Decision will not be in place in the EU by 21 August 2015. Therefore the EU is informing the depositary, pursuant to Article 22(3)(b) of the Convention, and in line with the declaration of competence submitted at the moment of ratification by the EU in accordance with Article 25.3 of the Convention, that the EU will not be in a position to accept the Decision on 21 August 2015 and will need to extend the EU's period of non-acceptance of the Decision until such time as the internal administrative processes are finalised. At that point, the EU will inform the depositary that the notification of non-acceptance is withdrawn." Thereafter, on 22 April 2016, the European Union notified the Secretary-General, in accordance with paragraphs 3 (b) and 4 of article 22 of the Convention, of its withdrawal of the notification of non-acceptance of the amendment (see C.N.370.2016.TREATIES-XXVII.15).
On 24 November 2014 the European Union notified the Secretary-General of the following:
"The Sixth Conference of the Parties to the Stockholm Convention on Persistent Organic Pollutants adopted in May 2013 Decision SC-6/13: Listing of hexabromocyclododecane (hereinafter 'HBCDD'). The Decision was received by the depositary on 26 November 2013 and will thus take effect for all Parties that have stated to accept the procedures pursuant to Article 22.3 (b) on 26 November 2014.
The European Union (hereinafter 'the EU') has already legislative measures in place governing the manufacturing, importation and use of HBCD. These measures have been identified as leading to a temporary legal conflict with the said Decision.
Therefore the EU is hereby informing, pursuant to Article 22.3 (b) of the Convention, and in line with the declaration of competence submitted at the moment of ratification by the EU in accordance with Article 25.3 of the Convention, that the EU is unable to accept Decision SC-6/13 from its entry into force on 26 November 2014 and until 21 August 2015 after which the EU accepts the Decision and will be able to comply."
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