EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

•Reasons for and objectives of the proposal

The Stockholm Convention on Persistent Organic Pollutants (the Convention) entered into force on 17 May 2004. It was approved by Council Decision of 14 October 2004 concerning the conclusion, on behalf of the European Community, of the Stockholm Convention on Persistent Organic Pollutants (2006/507/EC) and entered into force for the European Community on 14 February 2005. The aim of the Convention is to protect human health and the environment from persistent organic pollutants (POPs). The Convention provides a framework, based on the precautionary principle, for elimination of production, use, import and export of POPs, their safe handling and disposal and elimination or reduction of releases of certain unintentionally produced POPs.

Regulation (EU) 2019/1021 of the European Parliament and of the Council implements in Union law the commitments set out in the Convention and in the Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution on Persistent Organic Pollutants (the Protocol), approved by Council Decision 259/2004/EC.

Established pursuant to Article 19 of the Convention, the Conference of the Parties is the governing body of the Stockholm Convention. This body normally meets every two years to monitor the implementation of the Convention. It also reviews chemicals brought forward for its consideration by the Persistent Organic Pollutants Review Committee (POPRC).

In accordance with Article 8(1) of the Convention, a Party submitted a proposal to the Secretariat for listing of perfluorohexane sulfonic acid (PFHxS), its salts and PFHxS-related compounds in Annex A to the Convention, which was reviewed by the POPRC following Article 8(3) and (4). The POPRC recommended to the Conference of the Parties the listing of perfluorohexane sulfonic acid (PFHxS), its salts and PFHxS-related compounds in Annex A without specific exemptions. The procedure for adoption of amendments to Annexes is governed by Article 22 of the Convention.

In accordance with Article 23 of the Convention, each party has one vote. However, regional economic integration organisations such as the EU exercise their right to vote with a number of votes equal to the number of their Member States that are parties to the Convention.

At the tenth ordinary meeting, the Conference of the Parties will consider the adoption of a decision to list perfluorohexane sulfonic acid (PFHxS), its salts and PFHxS-related compounds in Annex A (elimination), Annex B (restriction) and/or Annex C (unintentional production) to the Convention.

The listing in Annexes A, B and/or C has the effect that the chemicals will be subject to measures aiming at eliminating or restricting their production and use, including the reduction or elimination of releases of unintentionally produced POPs.

The envisaged act will become binding on the parties in accordance with Article 22(4) of the Convention, which provides: ‘The proposal, adoption and entry into force of amendments to Annex A, B or C shall be subject to the same procedures as for the proposal, adoption and entry into force of additional annexes to this Convention, except that an amendment to Annex A, B or C shall not enter into force with respect to any Party that has made a declaration with respect to amendment to those Annexes in accordance with paragraph 4 of Article 25, in which case any such amendment shall enter into force for such a Party on the ninetieth day after the date of deposit with the depositary of its instrument of ratification, acceptance, approval or accession with respect to such amendment.’

Perfluorohexane sulfonic acid (PFHxS), its salts and PFHxS-related compounds are not intentionally used in the European Union, but the chemicals may be present as an impurity in fluorine-based fire-fighting foams and in perfluorooctane sulfonic acid (PFOS). Concerning the presence of PFHxS in PFOS, it should be noted that PFOS is listed in Annex B to the Stockholm Convention and in Annex I to Regulation (EU) 2019/1021, which prohibits the use of PFOS in the Union with the exception of one remaining use as mist-suppressant in hard-chromium plating until 2025. That use of PFOS has already been phased out in almost all Member States.

This proposal concerns the decision establishing the position to be taken on the Union's behalf at the Conference of the Parties to the Stockholm Convention in connection with the envisaged adoption of a decision to amend Annex A by listing perfluorohexane sulfonic acid (PFHxS), its salts and PFHxS-related compounds. If the Conference of the Parties to the Stockholm Convention decided to list PFHxS in Annex A, Parties to the Convention will be required to take the necessary measures to eliminate or restrict the use of PFHxS in their territory, in line with their obligations under the Convention. In order to implement the decision in the Union, the Commission will propose a delegated act to amend Annex I to the POPs Regulation to include perfluorohexane sulfonic acid (PFHxS), its salts and PFHxS-related compounds. Production and use of these substances will be forbidden in the Union.