Proposal for a Council Decision concerning proposals, on behalf of the European Community and the Member States, for amendments to Annexes I - III of the 1998 Protocol to the 1979 Convention on Long Range Transboundary Air Pollution on Persistent Organic Pollutants and to Annexes A - C of the Stockholm Convention on Persistent Organic Pollutants
Date: 2004-08-04
Institutions: European Commission
Subjects: EU environmental policy, atmospheric pollutant, international convention, market approval, organic chemical, pollution control measures, transfrontier pollution

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 4.8.2004 
COM(2004) 537 final 

Proposal for a 

COUNCIL DECISION 

concerning proposals, on behalf of the European Community and the Member States, 
for amendments to Annexes I - III of the 1998 Protocol to the 1979 Convention  
on Long Range Transboundary Air Pollution on Persistent Organic Pollutants and to 
Annexes A - C of the Stockholm Convention on Persistent Organic Pollutants 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

The  1998  Protocol  to  the  1979  Convention  on  Long  Range  Transboundary  Air 
Pollution  on  Persistent  Organic  Pollutants  entered  into  force  on  23  October  2003. 
The aim of the Protocol is to control, reduce or eliminate 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. The Protocol lists 16 substances in Annexes I, II and III which are subject 
to production and use prohibitions or restrictions or emission control measures. 

The Council adopted a Decision on the conclusion, on behalf of the Community, of 
the  Protocol  on  17  February  2004.  The  instrument  for  Community  ratification  was 
deposited on 30 April 2004. 

The Stockholm Convention on persistent organic pollutants entered into force on 17 
May  2004.  The  aim  of  the  Convention  is  to  protect  human  health  and  the 
environment  from  persistent  organic  pollutants.  The  Convention  provides  a 
framework, based on the precautionary principle, for elimination of production, use, 
import and export of the initial twelve priority persistent organic pollutants, their safe 
handling  and  disposal  and  elimination  or  reduction  of  releases  of  certain 
unintentional persistent organic pollutants.  

The  Commission  made  in  June  2003  a  proposal  for  a  Council  Decision  on  the 
conclusion,  on  behalf  of  the  Community,  of  the  Convention.  The  Council  has 
reached  an  agreement  on  the  proposal  but  has  not  yet  adopted  the  Decision. 
However, it is assumed that the Community becomes a Party to the Convention by 
the end of 2004.  

According  to  Article  14  of  the  Protocol,  any  Party  may  propose  amendments  to 
Annexes  I,  II  or  III  of  the  Protocol  by  submitting  proposals  in  writing  to  the 
Executive  Secretary  of  the  United  Nations  Economic  Commission  for  Europe.  The 
proposing Party shall provide the information specified in Executive Body Decision 
1998/2.  In  the  Convention,  Article  8(1)  stipulates  that  any  Party  may  submit  a 
proposal to the Secretariat for listing a chemical in Annexes A, B or C. The proposal 
shall contain the information specified in Annex D. The procedure for the adoption 
of amendment to Annexes is foreseen by Article 14 of the Protocol and Article 22 of 
the Convention. 

Proposals to amend Annexes to the Convention or the Protocol should only be done 
on behalf of the Community and its Member States, based on the obligation of co-
operation and unity in the international representation of the Community that flows 
from Article 10 of the EC Treaty. 

Annexes I and II of the Protocol contain currently three persistent organic pollutants 
that  are  not  listed  in  the  Stockholm  Convention.  These  intentionally  produced 
substances,  chlordecone,  hexabromobifenyl  and  hexachlorocyclohexane  (HCH, 
including  lindane)  fulfil  the  screening  criteria  laid  down  in  Annex  D  of  the 
Convention and they should be added also to Annex A of the global Convention in 
order to protect human health and the environment.  

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8. 

9. 

According  to  available  scientific  information  and  review  reports  and  taking  due 
account  of  the  screening  criteria  laid  down  in  Annex  D  of  the  Convention  and 
Executive  Body  Decision  1998/2,  hexachlorbutadiene,  pentachlorbenzene  and 
polychlorinated  napthalenes  exhibit  characteristics  of  persistent  organic  pollutants. 
The same applies to pentabromodiphenyl ether on which Norway has already made a 
proposal  for  the  inclusion  in  the  Protocol,  octabromodiphenyl  ether  and  short-
chained  chlorinated  paraffins  which  have  all  been  evaluated  under  the  Council 
Regulation  (EEC)  No  793/93  on  evaluation  and  control  of  risks  of  existing 
substances1 and their marketing and use has been prohibited or severely restricted by 
Directive  76/769/EEC  on 
laws,  regulations  and 
the  approximation  of 
administrative  provisions  of  the  Member  States  relating  to  restrictions  on  the 
marketing and use of certain dangerous substances and preparations2.  

the 

The production, placing on the market and use of these substances has already ceased 
or has been severely restricted in the Community, whereas it cannot be excluded that 
they  are  still  in  production  or  use  in  other  countries.  Due  to  the  potential  for  long-
range environmental transport of these chemicals, the measures taken nationally or at 
the  Community  level  are  not  sufficient  to  safeguard  the  high  level  of  protection  of 
the environment and human health but wider international action is necessary.  

10. 

The  Council  Decision  on  proposing  new  substances  to  be  included  in  the  Protocol 
and in the Convention concerns environmental protection. Therefore, it is appropriate 
that the Decision is based on Article 175(1), in conjunction with Article 300(2). 

It is thus appropriate to propose, on behalf of the Community and the Member States which 
are  Parties  to  the  Protocol  and  to  the  Convention,  inclusion  of  hexachlorbutadiene, 
pentachlorbenzene,  polychlorinated  napthalenes,  octabromodiphenyl  ether  and  short-chained 
chlorinated  paraffins  to  the  relevant  Annexes  of  the  Protocol  and  of  the  Stockholm 
Convention. Moreover, pentabromodiphenyl ether, chlordecone, hexabromobifenyl and HCH, 
including  lindane,  should  be  proposed  to  be  included  in  Annex  A  of  the  Stockholm 
Convention. 

1 
2 

OJ L 84, 5.4.1993, p. 1. 
OJ L 262, 27.9.1976, p. 201. Directive as last amended by Commission Directive 2004/21/EC (OJ L 57, 
25.2.2004,  p.  4).  As  regards  pentabromodiphenyl  ether  the  legislative  procedure  has  been  initiated  to 
allow for a time limited exception linked to the security of aircraft passengers. 

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Proposal for a 

COUNCIL DECISION 

concerning proposals, on behalf of the European Community and the Member States, for 
amendments to Annexes I - III of the 1998 Protocol to the 1979 Convention on Long Range 
Transboundary Air Pollution on Persistent Organic Pollutants and to Annexes A - C of the 
Stockholm Convention on Persistent Organic Pollutants 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Article 175(1) in conjunction with Article 300(2), second paragraph,  

Having regard to the proposal from the Commission3, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

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, in accordance with Article 174 of the Treaty. 

The Community ratified on 30 April 2004 the Protocol to the 1979 Convention on Long 
Range  Transboundary  Air  Pollution  on  Persistent  Organic  Pollutants  (hereafter  called 
“the  Protocol”)  and  is  in  the  process  of  ratification  of  the  Stockholm  Convention  on 
Persistent Organic Pollutants (hereafter called “the Convention”). 

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. The Protocol stipulates, in principle, the elimination or reduction of production 
and use and emissions of sixteen substances regarded as persistent organic pollutants.  

The  Convention  provides  a  framework,  based  on  the  precautionary  principle,  for 
elimination of production, use, import and export of the initial twelve priority Persistent 
Organic  Pollutants,  their  safe  handling  and  disposal  and  elimination  or  reduction  of 
releases of certain unintentional Persistent Organic Pollutants. 

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OJ C , , p. . 

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(5) 

(6) 

(7) 

According to Article 14 of the Protocol and Article 8 of the Convention, any Party may 
propose amendments to the Protocol and to the Convention, respectively. The procedure 
for the adoption of amendment to Annexes is foreseen by Article 14 of the Protocol and 
Article 22 of the Convention. Based on the obligation to ensure unity in the international 
representation  of  the Community and in order to ensure that proposals are justified and 
have  sufficient  support  in  the  Community,  only  joint  proposals  by  the  Community  and 
the Member States should be submitted.  

Having taken due account of Decision 1998/2 of the Executive Body for the Convention 
on Long-Range Transboundary Air Pollution and Annex D of the Convention it has been 
shown  that  hexachlorbutadiene,  pentachlorbenzene  and  polychlorinated  napthalenes, 
pentabromodiphenyl  ether,  octabromodiphenyl  ether  and  short-chained  chlorinated 
paraffins exhibit characteristics of persistent organic pollutants. Due to the potential for 
long-range environmental transport of these chemicals, the measures taken nationally or 
at  Community  level  are  not  sufficient  to  safeguard  a  high  level  of  protection  of  the 
environment and human health but wider international action is necessary. It is therefore 
appropriate that the Community and the Member States which are Parties to the Protocol 
or to the Convention, propose inclusion of these substances to the relevant Annexes of the 
Protocol  and  of  the  Convention  taking  into  account  the  existing  Community  legislation 
and the possible authorised uses and derogations given therein. 

Chlordecone  and  hexabromobifenyl  are  currently  listed  in  Annex  I  of  the  Protocol  and 
hexachlorocyclohexane  (HCH,  including  lindane)  is  listed  in  Annex  II  of  the  Protocol. 
Taking  due  account  of  Annex  D  of  the  Convention,  these  substances  exhibit 
characteristics  of  persistent  organic  pollutants  and  warrant  global  action.  It  is  therefore 
appropriate  that  the  Community  and  the  Member  States  which  are  Parties  to  the 
Convention,  propose  inclusion  of  these  substances  to  the  relevant  Annexes  of  the 
Convention. 

(8) 

The provisions of the Protocol and the Convention concern environmental protection, and 
consequently,  it  is  appropriate  to  choose  Article  175(1),  in  conjunction  with  Article 
300(2), as the legal basis. 

HAS DECIDED AS FOLLOWS:  

Article 1 

The  Commission  is  hereby  authorised  to  submit  to  the  Executive  Secretariat  of  the  United 
Nations  Economic  Commission  for  Europe  the  proposal,  on  behalf  of  the  Community  and  the 
Member  States  which  are  Parties  to  the  Protocol  to  the  1979  Convention  on  Long  Range 
Transboundary  Air  Pollution  on  Persistent  Organic  Pollutants,  to  include  the  following 
substances in the Protocol:  

a) to Annex I of the Protocol: 

- hexachlorobutadiene (CAS number: 87-68-3),  

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- octabromodiphenyl ether (CAS number: 32536-52-0), and 

- pentachlorobenzene (CAS number: 608-93-5); 

b) to Annex I and III of the Protocol: 

- polychlorinated napthalenes (a group of substances containing one to eight chlorine atoms);  

c) to Annex II of the Protocol: 

- short-chained chlorinated paraffins (alkanes, C10-C13, chloro). 

The  Commission  together  with  the  Member  States  shall  ensure  that  relevant  information 
supporting the proposals is submitted to the Secretariat.  

Article 2 

The  Commission  is  hereby  authorised  to  submit  to  the  Secretariat  of  the  Convention  the 
proposal, on behalf of the Community and the Member States which are Parties to the Stockholm 
Convention  on  Persistent  Organic  Pollutants,  to  include  the  following  substances  in  the 
Convention:  

a) to Annex A of the Convention: 

- the substances listed in Article 1 subparagraph (a), 

- pentabromodiphenyl ether (CAS number: 32534-81-9) 

- chlordecone (CAS number: 145-50-0), 

- hexabromobifenyl (CAS number: 36355-01-8), and  

- hexachlorocyclohexane (HCH, including lindane) (CAS numbers: 608-73-1 and 58-89-9); 

b) to Annex A and C of the Convention: 

- polychlorinated napthalenes (a group of substances containing one to eight chlorine atoms);  

c) to Annex B of the Convention: 

- short-chained chlorinated paraffins (alkanes, C10-C13, chloro). 

The  Commission  together  with  the  Member  States  shall  ensure  that  relevant  information 
supporting the proposals is submitted to the Secretariat. 

Done at Brussels,  

For the Council 
The President 

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