2004/259/EC: Council Decision 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
Date: 2004-02-19
Institutions: Council of the European Union
Subjects: UN convention, air quality, environmental protection, organic pollution, protocol, transfrontier pollution

19.3.2004

EN

Official Journal of the European Union

L 81/35

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

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

(2004/259/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 175(1) thereof, in conjunction
with Article 300(2), first sentence of the first subparagraph and
Article 300(3), first subparagraph thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

Having regard to the opinion of the European Economic and
Social Committee (2),

After consulting the Committee of the Regions,

Whereas:

(1)

(2)

(3)

The promotion of measures at international level to deal
with regional or worldwide environmental problems is
one of the objectives of the Community's policy on the
environment,
the
Treaty.

in accordance with Article 174 of

The Community signed in Aarhus on 24 June 1998 the
Protocol to the 1979 Convention on Long Range Trans-
boundary Air Pollution on Persistent Organic Pollutants
(hereinafter referred to as the Protocol).

The Protocol aims at controlling, reducing or eliminating
discharges, emissions and losses of persistent organic
pollutants
that cause significant adverse effects on
human health or the environment as a result of their
long-range transboundary atmospheric transport.

(4)

(5)

(6)

(7)

(8)

The Protocol stipulates, in principle, the elimination or
reduction of production and use of thirteen substances
regarded as persistent organic pollutants.
In addition,
Parties have to take effective measures to reduce or stabi-
lise total annual emissions of certain substances.

The Protocol is open to ratification, acceptance, approval
or accession by States and by regional economic integra-
tion organisations Parties to the Convention.

As most of the provisions of the Protocol concern envir-
onmental protection and the protection of human
health, it is appropriate to choose Article 175(1) as the
legal basis, in conjunction with Article 300.

the
The Protocol contributes to the achievement of
objectives of
the Com-
munity. It is therefore appropriate that the Community
approves this Protocol as soon as possible.

the environmental policy of

already

adopted instruments
The Community has
covering matters governed by the Protocol,
including
Council Directives 79/117/EEC of 21 December 1978
prohibiting the placing on the market and use of plant
protection
active
substances (3), and 96/59/EC of 16 September 1996 on
the disposal of polychlorinated biphenyls and polychlori-
nated terphenyls (PCB/PCT) (4),

containing

products

certain

(1) Opinion delivered on 20 November 2003 (not yet published in the

Official Journal).

(2) Opinion delivered on 29 October 2003 (not yet published in the

Official Journal).

(3) OJ L 33, 8.2.1979, p. 36. Directive as last amended by Regulation

(EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).

(4) OJ L 243, 24.9.1996, p. 31.

L 81/36

EN

Official Journal of the European Union

19.3.2004

HAS DECIDED AS FOLLOWS:

Article 1

The Protocol to the 1979 Convention on Long Range Transboundary Air Pollution on Persistent Organic
Pollutants, is hereby approved on behalf of the Community.

The text of the Protocol is attached to this Decision.

The President of the Council is hereby authorised to designate the person(s) empowered to deposit the
instrument of approval on behalf of the Community with the Secretary-General of the United Nations, in
accordance with Article 16 of the Protocol.

Article 2

Done at Brussels, 19 February 2004.

For the Council

The President

M. McDOWELL