[pic] | COMMISSION OF THE EUROPEAN COMMUNITIES |

Brussels, 31.3.2008

SEC (2008) 381 final

RECOMMENDATION FROM THE COMMISSION TO THE COUNCIL

to authorise the Commission to open negotiations on the participation of the European Community in negotiations on amendments to the Protocol on Persistent Organic Pollutants (POPs) under the UN-ECE Convention on Long-range Transboundary Air Pollution

RECOMMENDATION FROM THE COMMISSION TO THE COUNCIL

to authorise the Commission to open negotiations on the participation of the European Community in negotiations on amendments to the Protocol on Persistent Organic Pollutants (POPs) under the UN-ECE Convention on Long-range Transboundary Air Pollution

A. EXPLANATORY MEMORANDUM

1. The Executive Body of the UNECE Convention on Long-Range Trans-boundary Air Pollution (CLRTAP) adopted the Protocol on POPs in June 1998. The Protocol on POPs focuses currently on a list of 16 substances comprising eleven pesticides, two industrial chemicals and three unintentional by-products. The ultimate objective is to eliminate any discharge, emission and loss of these POP substances. The Protocol on POPs entered into force 23 October 2003. 29 Parties, including the Community and 21 Member States have ratified it[1].

2. The Council adopted a Decision on the conclusion, on behalf of the European Community, of the Protocol on 19 February 2004[2] The instrument for Community approval was deposited on 30 April 2004.

3. According to Article 14 of the Protocol, any Party may propose amendments to the Protocol and its annexes. The Parties meeting within the Executive Body shall discuss the proposed amendments and adopt them by consensus of the Parties present at the meeting.

4. On 13 December 2007, the twenty-fifth session of the Executive Body mandated the Working Group on Strategies and Review to negotiate draft amendments to the Protocol on POPs to be presented to the twenty-sixth session of the Executive Body in December 2008. The amendments covers: i) The scheduled reassessment for the substance-related provision as well as the potential revisions to the provisions of the Protocol related to best available techniques (BAT) and emission limit values (ELVs); ii) inclusion of the seven "new" substances[3] in the Protocol annexes and; iii) an expedited procedure regarding amendments of the annexes.

5. According to Article 174.1 of the EC Treaty, one of the objectives of Community environment policy is the promotion of measures at international level to deal with regional or worldwide environmental problems. To achieve this objective, the Community may conclude agreements with third parties in accordance with Articles 175 and 300.

6. According to Article 300.1 of the EC Treaty, for the conclusion of agreements between the Community and one or more States or international organisations, the Commission shall make recommendations to the Council, which shall authorise the Commission to open the necessary negotiations. The Commission shall conduct these negotiations in consultation with special committees appointed by the Council to assist it in this task and within the framework of such directives as the Council may issue to it.

7. The above mentioned amendments, discussed under the Protocol on POPs, will be negotiated in the Working Group on Strategies and Review and in the Executive Body. These amendments will constitute agreements in the sense of Article 300.1 of the EC Treaty. A number of EC legislative instruments[4] cover the seven proposed substances. Member States cannot take on obligations outside the framework of Community legislation which might affect Community rules or alter their scope.

8. Therefore, it is necessary for the Commission to make recommendations to the Council, which shall authorise the Commission to participate in the necessary negotiations on these issues at the next meetings of the Working Group on Strategies and Review in April and September 2008 and of the Executive Body in December 2008.

B. RECOMMENDATION

In the light of the above, the Commission recommends that:

1. the Council authorises the Commission to participate, on behalf of the European Community, as regards matters falling under Community competence, in the negotiations on amendments to the UNECE Protocol on POPs at the meetings of the Working Group on Strategy and Review in April and September 2008 and of the Executive Body in December 2008;

2. the Commission conducts these negotiations on behalf of the European Community, as regards matters falling within Community competence, in consultation with a special committee of representatives of Member States in accordance with the appended negotiating directives;

3. when the above mentioned amendments deal with matters falling within the shared competence of the Community and of the Member States, the Commission and the Member States should cooperate closely during the negotiation process, with a view to aiming for unity in the international representation of the European Community;

4. the Commission reports to the Council on the outcome of the negotiations and, where appropriate, on any problem that may arise during the negotiations.

ANNEX

NEGOTIATING DIRECTIVES

1. The Commission shall ensure that any amendment to the Protocol on POPs is consistent with relevant Community legislation.

2. The Commission shall also seek to ensure that the amendments to the Protocol:

a) are modified in accordance with the scheduled reassessment for the substance-related provision as well as the potential revisions to the provisions of the Protocol related to best available techniques (BAT) and emission limit values (ELVs);

b) add to Annex I, II and/or III as appropriate the following substances: Hexachlorobutadiene (HCBD); Commercial Octabromodiphenyl ether (c-OctaBDE); Pentachlorobenzene (PeCB); Polychlorinated napthalenes, (PCNs); Short-chained chlorinated paraffins (SCCPs); Perfluorooctane sulfonate (PFOS); Commmercial Pentabromodiphenylether (c-PentaBDE);

c) introduce an expedited procedure to amend the Annexes I – IV, VI and VIII of the Protocol.

[1] According to the most recent update on 18 September 2007 by the POPs secretariat.

[2] Council Decision 2004/259/EC of 19 February 2004 concerning the conclusion, on behalf of the European Community, of the Protocol to the 1979 Convention on Long Range Transboundary Air Pollution on Persistent Organic Pollutants, OJ L81, 19.3.2004, p 37.

[3] Hexachlorobutadiene (HCBD); Commercial Octabromodiphenyl ether (c-OctaBDE); Pentachlorobenzene (PeCB); Polychlorinated napthalenes, (PCNs); Short-chained chlorinated paraffins (SCCPs); Perfluorooctane sulfonate (PFOS); Commmercial Pentabromodiphenylether (c-PentaBDE).

[4] Inter alia Directive 2002/45/EC of the European Parliament and of the Council of 25 June 2002 amending for the twentieth time Council Directive 76/769/EEC relating to restrictions on the marketing and use of certain dangerous substances and preparations (short-chain chlorinated paraffins), OJ L177, 6.7.2002, p 21;Directive 2003/11/EC of the European Parliament and of the Council of 6 February 2003 amending for the 24th time Council Directive 76/769/EEC relating to restrictions on the marketing and use of certain dangerous substances and preparations (pentabromodiphenyl ether, octabromodiphenyl ether), OJ L 42, 15.2.2003, p 45; and Directive 2006/122/EC of the European Parliament and of the Council of 12 December 2006 amending for the 30th time Council Directive 76/769/EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations (perfluorooctane sulfonates), OJ L 372, 27.12.2006, p.32. Hexachlorobutadiene and Pentachlorobenzene are priority hazardous substances under Art. 2 of Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy, OJ L 327, 22.12.2000, p 1; Directive 96/61/EC concerning integrated pollution prevention and control, OJ L 257, 10.10.1996, p. 26.