Recommendation from the Commission to the Council concerning proposals, on behalf of the European Community together with the Member States, for amendments to Annex I of the Protocol on Persistent Organic Pollutants (POPs) under the UN-ECE Convention on Long-Range Transboundary Air Pollution
Date: 2008-07-01
Institutions: European Commission
Subjects: EU environmental policy, air quality, chemical product, environmental protection, international convention, organic pollution

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 1.7.2008 
COM(2008) 413 final 

RECOMMENDATION FROM THE COMMISSION TO THE COUNCIL 

Concerning proposals, on behalf of the European Community together with the 
Member States, for amendments to Annex I of the Protocol on Persistent 
Organic Pollutants (POPs) under the UN-ECE Convention on Long-Range 
Transboundary Air Pollution  

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A. 

EXPLANATORY MEMORANDUM 

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, 
three 
two 
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 it1. 

industrial  chemicals  and 

The  Council  adopted  a  Decision  on  the  conclusion,  on  behalf  of  the 
European Community, of the Protocol on 19 February 20042. The instrument 
for Community approval was deposited on 30 April 2004.  

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. 

Proposals to amend Annexes to 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. 

With  a  view  to  starting  the  procedures  towards  negotiations  on  possible 
amendments of the Annexes to the Protocol, the Commission, with respect to 
matters falling within Community competence, has submitted in 2005 to the 
Executive  Body  of  the  Protocol,  the  proposal,  on  behalf  of  the  Community 
and  together  with  Member  States  which  are  Parties  to  the  Convention,  to 
amend  the  relevant  Annexes  of  the  Protocol  by  adding  the  following 
substances: Hexachlorobutadiene (HCBD); Commercial Octabromodiphenyl 
ether 
Polychlorinated 
napthalenes  (PCNs);  Short-chained  chlorinated  paraffins  (SCCPs);  and 
Perfluorooctane sulfonate (PFOS). 

Pentachlorobenzene 

(c-OctaBDE); 

(PeCB); 

According to available scientific information and review reports, endosulfan 
and trifluralin exhibit characteristics of POPs. The two substances have been 
evaluated under the Council Directive 91/414/EEC concerning the placing of 
plants  protection  products  on  the  market3.  As  a  result,  plant  protection 
products containing endosulfan have been totally and definitively withdrawn 
by  December  20074  and  plant  protection  products  containing  trifluralin 

According to the most recent update on 18 September 2007 by the POPs secretariat. 
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. 
OJ L 230, 19.8.1991, p. 1. Directive as last amended by Commission Directive 2005/58/EC 
(OJ L 246, 22.9.2005, p. 17). 
OJ L 317, 3.12.2005, p. 25. 

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should be totally and definitively withdrawn by December 20085. 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 
and  wider  international  action  is  therefore  necessary.  The  substances  were 
nominated,  by  the  Community  and  the  Member  States,  to  the  Stockholm 
Convention on POPs in 2007. It is therefore appropriate that the Community 
and the Member States which are Parties to the Protocol, propose to amend 
the relevant Annexes to the Protocol by adding these two substances. 

B. 

RECOMMENDATION 

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

The  Council  authorises,  with  a  view  to  starting  the  procedures  towards  negotiations 
on  possible  amendments  of  the  Annexes  to  the  UN-ECE  Protocol  on  POPs,  the 
Commission  to  submit  to  the  Executive  Body  of  the  Protocol  on  POPs,  in  time  for 
consideration  by  the  next  Meeting  of  the  Executive  Body  in  December  2008,  the 
proposal,  on  behalf  of  the  Community  and  together  with  Member  States  which  are 
Parties to the Convention, to amend the relevant Annexes of the Protocol by adding 
the following substances to Annex I: 

- Endosulfan 

- Trifluralin 

The  Commission  together  with  the  Member  States  shall  ensure  that  relevant 
information in support of the proposals is submitted to the Executive Body. 

Done at Brussels,  

For the Council, The President 

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Commission  Decision  of  20  September  2007  concerning  the  non-inclusion  of  trifluralin  in 
Annex  I  to  Council  Directive  91/414/EEC  and  the  withdrawal  of  authorisations  for  plant 
protection products containing that substance. OJ L 255, 29.9.2007, p 42. 

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