Proposal for a Council Decision establishing the position to be adopted on behalf of the European Community with regard to proposals for amending Annexes A, B and C of the Stockholm Convention at the fourth meeting of the Conference of Parties on 4 – 8 May 2009
Date: 2009-01-28
Institutions: European Commission
Subjects: chemical product, environmental protection, international convention, market approval, organic pollution, toxic substance

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 28.1.2009 
COM(2009) 27 final 

Proposal for a 

COUNCIL DECISION 

establishing the position to be adopted on behalf of the European Community with 
regard to proposals for amending Annexes A, B and C of the Stockholm Convention at 
the fourth meeting of the Conference of Parties on 4 – 8 May 2009  

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

The  Stockholm  Convention  on  Persistent  Organic  Pollutants  (POPs)1  was  adopted  in  May 
2001,  upon  completion  of  three  years  of  negotiations  conducted  in  the  framework  of  the 
United Nations Environment Programme (UNEP). The European Community and its Member 
States2  are  parties  to  the  Convention3  and  the  provisions  of  the  Convention  have  been 
implemented in EU law by Regulation (EC) 850/2004 of the European Parliament and of the 
Council  of  29  April  2004  on  persistent  organics  pollutants  and  amending  Directive 
79/117/EEC4.  

The  overall  objective  of  the  Stockholm  Convention  is  to  protect  human  health  and  the 
environment from POPs. Specific reference is made to a precautionary approach as set out in 
Principle 15 of the 1992 Rio Declaration on Environment and Development. The principle is 
made operational in Article 8, which lays down the rules for including additional chemicals in 
the Annexes of the Convention.  

The  nine  intentionally  produced  chemicals  currently  listed  in  Annex  A  of  the  Stockholm 
Convention  (aldrin,  chlordane,  dieldrin,  endrin,  heptachlor,  hexachlorobenzene,  mirex, 
toxaphene  and  PCBs)  are  subject  to  a  ban  on  production  and  use  except  where  there  are 
generic or specific exemptions. In addition, the production and use of DDT, a pesticide still 
used  in  many  developing  countries  for  malaria  and  other  disease  vector  control,  is  severely 
restricted,  as  set  out  in  Annex  B  of  the  Stockholm  Convention.  Finally  three  substances 
(PCDD/PCDF, HCB and PCB) which may be formed and released unintentionally are listed 
in Annex C. 

1. 

ADDING NEW POP SUBSTANCES TO THE ANNEXES OF THE CONVENTION 

According  to  Art  8  of  the  Convention,  parties  may  submit  proposals  to  the  Secretariat  for 
listing a chemical in Annexes A, B and/or C. The Secretariat shall verify whether the proposal 
contains the necessary information. If the proposal is satisfactory it shall be forwarded to the 
Persistent Organic Pollutants Review Committee (POP RC). The POP RC shall examine the 
proposal  taking  into  account  all  information  provided.  Where  the  POP  RC  decides  that  the 
criteria have been fulfilled it shall review the proposal and prepare a draft risk profile.  

If this review concludes that the chemical is likely, as a result of its long-range environmental 
transport, to lead to significant adverse human health and/or environmental effects such that 
global action is warranted, the proposal shall proceed and a risk management evaluation that 
includes an analysis of possible control measures shall be drawn up. On this basis, the POP 
RC  recommends  whether  the  chemical  should  be  considered  by  the  Conference  of  Parties 
(COP) for listing in Annexes A, B and/or C. The final decision is taken by the COP. 

Altogether  twelve  new  substances  have  been  nominated  since  the  entry  into  force  of  the 
Convention. The European Community and its Member States have nominated seven of the 
new  substances  (chlordecone,  hexabromobiphenyl,  PFOS  compounds,  octa-BromoDiphenyl 
Ether  (octa-BDE),  pentachlorobenzene,  short-chained-chlorinated-parafines  (SCCP)  and 

1 
2 
3 
4 

http://www.pops.int/documents/convtext/convtext_en.pdf  
Three EU Member States have not yet ratified (Ireland, Italy and Malta) 
OJ L 209, 31.7.2006, p. 1 
OJ L 158, 30.4.2004, p. 7 

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two 

(HBCDD)) 

(penta-  BromoDiphenyl  Ether 
three 
and  Mexico 

Endosulfan),  Norway 
and 
alpha-
hexabromocyclododecane 
hexachlorocyclohexane  (α-HCH)  and  beta-hexachlorocyclohexane  (β-HCH)).  The  POP  RC 
has not yet concluded its work on Endosulfan and SCCP. It is the expectation that these two 
substances will only be ready for the fifth COP expected to take place in 2011. HBCDD was 
nominated on 19 June 2008, but it was not discussed officially by the POP RC due to the late 
availability of the dossier, so it will only be ready for the sixth COP at the earliest, if it meets 
the criteria set out in the Convention. 

(penta-BDE) 
(lindane, 

The forthcoming COP is the first conference where changes to Annexes will be discussed and 
decided.  

2. 

RULES FOR CHANGES OF THE ANNEXES A, B AND/OR C 

According to Art 22 of the Convention, the Annexes A, B and/or C are amended by a decision 
of  the  COP  and  enter  into  force  one  year  from  the  date  of  the  communication  by  the 
depositary of the adoption of changes to Annexes A, B and/or C, save for those parties who 
chose to opt out from the amendment to the Annex. 

3. 

THE SUBSTANCES AND COMMUNITY LAW 

The  European  chemicals  legislation  has  been  substantially  reformed  with  the  adoption  of 
Regulation  (EC)  No  1907/2006  of  the  European  Parliament  and  of  the  Council  of  18 
December  2006  concerning  the  Registration,  Authorisation  and  Restriction  of  Chemicals 
(REACH)5. While REACH has not yet regulated any of the substances on the agenda for the 
fourth  meeting  of  the  COP,  several  substances  are  covered  by  restrictions  imposed  by  the 
Council Directive 76/769/EEC6 which will be incorporated into Annex XVII of REACH with 
effect  from  1  June  2009.  New  substances  to  be  nominated  to  the  Convention  will  in  many 
cases be found amongst those on the European Chemicals Agency's (ECHA) candidate list of 
substances established in accordance with REACH Art 59.1. 

All substances that will be listed in Annexes A, B and/or C to the Stockholm Convention7 will 
need  to  be  included  in  the  EU  Regulation  on  POPs  in  order  to  ensure  that  the  EU 
implementation corresponds to its international commitments. In addition to restricting certain 
substances,  the  international  instruments  also  contain  reporting  requirements,  which  are 
included in the Regulation as well. Therefore, in order to maintain a manageable overview of 
how the Community meets its international commitments and to ensure consistent reporting, it 
would be appropriate to add all the substances to the appropriate Annexes of the Regulation, 
even  in  cases  where  these  may  already  be  restricted,  partly  or  fully,  by  other  Community 
instruments. 

1.1. 

The POP RC recommendations 

Parties to the Convention were informed on 29 October 2008 by the Executive Director that 
the  POP  RC  has  decided  at  its  third  and  fourth  meetings  to  recommend  the  listing  of  nine 

5 
6 
7 

OJ. L 136, 25.5.2007, p. 3 
OJ L 262, 27.9.1976, p 201 
The same applies to substances added to Annexes I, II and/or III of the UN-ECE Protocol on POPs  

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chemicals in Annexes A, B and/or C of the Convention and to submit that recommendation to 
the COP for its consideration at the meeting on 4 – 8 May 2009, in accordance with Article 8 
paragraph 9 of the Convention.  

1.2. 

Chlordecone and Hexabromobiphenyl  

The  third  meeting  of  the  POP  RC  (19  -  23  November  2007)  decided  to  recommend  listing 
Chlordecone and Hexabromobiphenyl in Annex A of the Convention 

The two substances are already included in Annexes I and/or II of the UNECE POPs Protocol 
without exemptions and have therefore been completely prohibited to use and produce in the 
EU since the entry into force of the POPs Regulation adopted on 29 April 2004.  

During  the  evaluation  by  the  POP  RC  of  the  two  substances,  several  requests  from  the 
Secretariat  of  the  Stockholm  Convention  were  sent  to  Parties  and  observers  to  identify 
remaining  uses  and/or  production.  Information  sent  by  Parties  and  observers  indicated  no 
remaining uses and/or production of these two substances. Therefore, there is good reason to 
believe  that  all  parties  should  be  able  to  accept  the  listing  of  the  substances  in  Annex  A 
(elimination) without exemption. 

1.3. 

α-HCH, β-HCH and γ-HCH (Lindane) 

At its third meeting POP RC decided to recommend the listing of Lindane (γ-HCH) 
in  Annex  A  and  at  the  fourth  meeting  the  POP  RC  (13  –  17  October  2008) 
recommended listing α-HCH and β-HCH in the same Annex. 

In  the  POPs  Regulation,  HCH  compounds  are  covered  by  one  entry  (i.e.,  HCH, 
including Lindane) and two CAS No (608-73-1 and 58-89-9). Lindane (CAS RN: 58-
89-9) is the common name for the γ-isomer of HCH. Technical HCH (CAS RN: 608-
73-1)  is  an  isomeric  mixture  that  contains  mainly  five  forms  of  HCH.  The  five 
principal  isomers  are  present  in  the  mixture  in  the  following  proportions:  α-HCH 
(53%–70%), β-HCH (3%–14%), γ-HCH (11%–18%), δ-HCH (6%–10%) and ε-HCH 
(3%–5%). The γ-isomer is the only isomer showing strong insecticidal properties. 

After  almost  forty  years  of  extensive  use  worldwide,  there  has  been  a  gradual 
replacement of technical HCH by lindane. No significant uses of technical HCH have 
been reported after 2000 at worldwide level.  

For  lindane,  the  POPs  Regulation  allowed  Member  States  the  right  to  provide 
derogations  for  HCH  (including  lindane)  until  1  September  2006  for  professional 
remedial  and  industrial  treatment  of  lumber,  timber  and  logs  and  indoor  industrial 
and  residential  applications.  A  second  set  of  derogations,  which  expired  on  31 
December  2007,  allowed  technical  HCH  for  use  as  an  intermediate  in  chemical 
manufacturing and products in which at least 99% of the HCH isomer is lindane only 
for  use  as  public  health  and  veterinary  topical  insecticide.  Today,  both  lindane  and 
technical HCH are totally banned within EU. 

However,  some  Parties  currently  produce  and  use  lindane  as  topical  insecticide  for  public 
health purposes (scabies, lice). There is good reason to believe that all Parties should be able 
to  accept  the  listing  of  lindane  in  Annex  A  (elimination)  but  with  an  exemption  for  public 
health purposes. 

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α-HCH  and  β-HCH  are  chemical  intermediates  to  manufacture  lindane.  The 
manufacture of lindane has resulted in a huge amount of HCH residuals, which must 
be  disposed  of  or  otherwise  managed.  In  the  absence  of  exact  data,  it  has  been 
estimated  that  there  are  1.9  to  4.8  million  tons  of  HCH  residuals  based  on  global 
lindane production. The main issue for α-HCH and β-HCH will be the management 
of  their  stockpiles.  However,  their  listing  in  Annex  A  should  be  accepted  by  all 
Parties, but with an exemption for their uses as intermediate to produce lindane. 

1.4. 

Commercial  pentabromodiphenyl  ether  and  commercial  octabromodiphenyl 
ether 

The  third  POP  RC  decided  to  recommend  listing  in  Annex  A  of  the  Convention  2,2',4,4'- 
tetraBDE  (BDE-47,  CAS  No.  40088-47-9)  and  2,2',4,4',5-pentaBDE  (BDE-99,  CAS  No. 
32534-81-9) and other tetra- and penta-BDE present in commercial pentaBDE.  

The  subsequent  POP  RC  decided  to  recommend  listing  in  Annex  A  of  the  Convention 
2,2',4,4',5,5'-hexaBDE (BDE-153, CAS No. 68631-49-2), 2,2',4,4',5,6'- hexaBDE (BDE-154, 
CAS  No.  207122-15-4),  2,2',3,3',4,5',6-heptaBDE  (BDE-175,  CAS  No.  446255-22-7)  and 
2,2',3,4,4',5',6-heptaBDE (BDE-183 CAS No. 207122-16-5) and other hexa- and hepta-BDE 
present in commercial octaBDE. 

These substances are used as flame-retardants but have been restricted in the EU since 20038. 
The  EU  restriction  covers  all  pentaBDE  and  octaBDE  congeners  and  is  therefore  wider  in 
scope than only targeting the specific commercial forms of the two substances. The POP RC 
concluded that all polyBDEs with four or five bromines (for commercial penta-BDE) and all 
polybrominated  diphenyl  ethers  with  six  or  seven  bromines  (for  commercial  octa-BDE) 
present  in  the  commercial  pentaBDE  and  octaBDE  are  likely,  due  to  the  characteristics  of 
their components and as a result of long-range environmental transport, to lead to significant 
adverse effects on human health and the environment. Therefore, the POP RC recommended 
the listing of all those congeners in Annex A of the Convention. 

The  European  Community  legislation  is  not  identical  to  the  proposed  rules  at  international 
level,  but  it  is  the  Commission's  assessment  that,  in  practice,  the  addition  of  the  polyBDEs 
with  four  to  seven  bromines  to  Annex  I  of  the  POPs  Regulation  will  not  change  the 
restrictions  already  in  place.  However,  the  existing  restrictions  only  apply  to  placing  on  the 
market and do therefore not restrict the production of these substances, which may take place 
with  a  view  to  their  export  outside  the  EU.  The  listing  of  polyBDEs  with  four  to  seven 
bromines in Annex A of the Convention without exemption means that production at global 
level  must  cease  as  other  Parties  must  not  import  polyBDEs  from  the  EU.  Therefore, 
prohibiting export from the EU is a necessity to meet the international obligations but it will 
have a de jure impact on possible EU producers as there should be no parties to export to, but 
only those countries which are not parties to the Convention9. 

During  the  evaluation  by  the  POP  RC  of  these  substances,  several  requests  from  the 
Secretariat  of  the  Stockholm  Convention  were  sent  to  Parties  and  observers  to  identify 

8 

9 

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).  
On 1 December 2008, 162 parties were registered. 

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remaining  uses  and/or  production.  Information  sent  by  Parties  and  observers  indicated  no 
remaining uses and/or production of these two substances. In addition, there are no reports to 
the POP RC that any commercial mixture is still being produced that could contain polyBDEs 
with four to seven bromines above trace level. Therefore, there is good reason to believe that 
all  parties  should  be  able  to  accept  the  listing  of  the  substances  in  Annex  A  (elimination) 
without exemption as proposed by the POP RC. 

It  should  be  noted  that  the  management  of  articles  containing  polyBDE  (e.g.,  EEE 
equipments)  upon  becoming  wastes  will  probably  be  problematic  for  certain  developing 
country  Parties  as  the  waste  will  have  to  be  treated  in  accordance  with  article  6(d)  of  the 
Convention.  This  may  call  for  transitional  rules  and  /  or  need  for  financial  and  technical 
support. 

1.5. 

Perfluorooctane  sulfonic  acid  (PFOS,  CAS  No.  1763-23-1),  its  salts  and 
perfluorooctane sulfonyl fluoride (PFOSF, CAS No. 307-35-7) () 

The third meeting of the POP RC decided to recommend the listing of PFOS (CAS No. 1763-
23-1),  its  salts  and  PFOSF  (CAS  No.  307-35-7)  in  Annex  A  or  B  of  the  Convention  and 
specifying the related control measures.  

PFOS  and  its  compounds  are  expected  to  be  the  most  controversial  substances  for  the 
Convention COP as  there  is still  significant production and uses of the substances at global 
scale. Certain developing countries are expected to request financial and technical assistance 
in order to be able to deal with the replacement of PFOS compounds with safer alternatives. 

By  listing  PFOSF,  which  is  used  as  a  common  intermediate  in  the  production  of  PFOS 
substances, the POP RC definition aims to restrict production of this intermediate and thereby 
excluding production of any PFOS substances.  

PFOS and its compounds have been restricted in the EU since 200610 with respect to use and 
putting  the  substance  on  the  market.  The  EU  directive  defines  PFOS  substances  as 
"C8F17SO2X  (X  =  OH,  Metal  salt  (O-M+),  halide,  amide,  and  other  derivatives  including 
polymers)", which means all possible PFOS substances produced via PFOSF intermediate or 
via any other intermediate. The legislators acknowledged that for certain uses there were not 
yet alternatives available, thus specific exemptions have been granted, some of them without 
time limit. It is an obligation of the Commission to keep under review the availability of safer 
alternative  substances  and  to  propose  measures  to  reduce  identified  risks  when  these 
alternatives are available. The scope of the EU definition is in some aspects slightly broader 
than  the  proposed  definition  by  POP  RC,  which  should  be  kept  in  mind  during  the 
negotiations. 

Therefore, there is good reason to believe that some Parties will only accept the listing of the 
PFOS and its compounds in Annex B, with a number of exemptions. 

10 

OJ L 372, 27.12.2006, p. 32; 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) 

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1.6. 

Pentachlorobenzene 

The fourth meeting of the POP RC decided to recommend listing in Annex A and C of the 
Convention Pentachlorobenzene (PeCB). 

There  is  no  known  production  or  use  of  PeCB  but  it  is  one  of  the  priority  hazardous 
substances  under  the  Water  Framework  Directive  (2000/60/EC)11.  The  substance  is  not 
covered by marketing or use restrictions at the Community level. During the evaluation by the 
POP  RC  of  PeCB,  several  requests  from  the  Secretariat  of  the  Stockholm  Convention  were 
sent to Parties  and observers  to  identify remaining uses and/or production.  Information sent 
by Parties and observers indicated no remaining uses and/or production of PeCB. Therefore, 
there is good reason to believe that all parties should be able to accept the listing of PeCB in 
Annex A without exemption. 

PeCB may also occur as an unintentional by-product from diffuse sources such as impurities 
in products e.g. as solvents, pesticides and wood preservative products; barrel burning; open 
fireplaces;  accidental  fires;  and  forest  burning  for  agricultural  purposes.  The  POP  RC 
concluded that most measures taken to reduce PCDD/F releases as set out in the Convention's 
best  available  techniques  /  best  environmental  practises  (BAT/BEP)  guidelines  for 
incinerators and other thermal processes would lead to a significant reduction of the releases 
of  PeCB.  Nevertheless,  the  POP  RC  recommended listing PeCB in  Annex C.  Unintentional 
emissions  of  PCDD/F  are  already  regulated  in  the  EU12.  Due  to  the  possible  additional 
administrative  burden  of  the  listing  of  PeCB  in  Annex  C  for  Parties  and  the  possible  low 
added value of such a listing, some Parties could be opposed to add the substances in Annex 
C. 

4. 

CONCLUSION 

In  view  of  the  above,  at  the  COP-4  of  the  Stockholm  Convention  on  4  –  8  May  2009,  the 
Community should support the adoption of the amendments to the Annexes A, B and/or C to 
that Convention as proposed in the Council Decision. 

11 

12 

OJ L 327, 22.12.2000, p. 1.; 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 332, 28.12.2000, p 91; Directive 2000/76/EC of the European Parliament and of the Council of 4 
December 2000 on the incineration of waste 

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Proposal for a 

COUNCIL DECISION 

establishing the position to be adopted on behalf of the European Community with 
regard to proposals for amending Annexes A, B and C of the Stockholm Convention at 
the fourth meeting of the Conference of Parties on 4 – 8 May 2009  

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal from the Commission13, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

The  promotion  of  measures  at  international  level  to  deal  with  global  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  16  November  2004  the  Stockholm  Convention  on 
Persistent  Organic  Pollutants  (hereafter  called  the  Convention)  based  on  the  Council 
Decision 2006/507/EC of 14 October 2004 concerning the conclusion, on behalf of the 
European  Community,  of 
the  Stockholm  Convention  on  Persistent  Organic 
Pollutants14. 

The Community has implemented the obligations from the Convention in Community 
law  by  way  of  Regulation  (EC)  No  850/2004  of  the  European  Parliament  and  the 
Council  of  29  April  2004  on  persistent  organics  pollutants  and  amending  Directive 
79/117/EEC15 (hereafter called the POPs Regulation). 

The Community places strong emphasis on the need for the Convention to gradually 
expand  its  Annexes  A,  B  and/or  C  with  new  substances  which  meet  the  criteria  of 
being POP substances, taking into account the precautionary principle, with a view to 
meeting the objective of the Convention and the commitment of all governments made 
at the Johannesburg Summit in 2002 to minimise the adverse effects of chemicals by 
2020. 

(5) 

In accordance with Article 22 of the Convention, amendments to Annexes A, B and C 
of the Convention are adopted by decision of the Conference of the Parties and enter 

13 
14 
15 

OJ C […], […], p. […]. 
OJ L 209, 31.7.2006, p. 1 
OJ L 158, 30.4.2004, p. 7 

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(6) 

(7) 

(8) 

(9) 

into  force  one  year  from  the  date  of  communication  by  the  depositary  of  an 
amendment, save for those parties that have opted out.  

Following nominations of substances received from the European Community and its 
Member  States16,  Norway17  and  Mexico18,  the  Persistent  Organic  Pollutants  Review 
Committee established under the Convention has concluded its work on nine proposed 
substances  which  have  been  found  to  meet  the  criteria  of  the  Convention.  The 
forthcoming  Conference  of  Parties  to  the  Convention  is  expected  to  decide  on  the 
inclusion of these substances into the Annexes of the Convention. 

hexachlorocyclohexane,  Beta 

All  nine  substances  are  already  subject  to  Community  legislation  and  five  of  them 
(Alpha 
hexachlorocyclohexane,  Chlordecone, 
Hexabromobiphenyl and Lindane) are subject to a complete production and use ban as 
they are included in Annex I, Part B of the POPs Regulation since they were listed in 
Annex I and/or II of the POPs Protocol.  

the  market  and  use  of  PFOS19,  pentabromodiphenyl  ether  and 
Putting  on 
octabromodiphenyl  ether20  have  been  restricted 
through 
amendments  to  the  Directive  76/76921.  Pentachlorobenzene  is  a  priority  hazardous 
substance under the Water Framework Directive (2000/60/EC)22. 

the  Community 

in 

The amendments to the Annexes A, B and/or C of the Convention by adding the nine 
new substances will require amendments to the POPs Regulation. According to Article 
14 (1) of the Regulation, when substances are added to the Convention, changes to the 
Annexes  of  the  Regulation  can  be  made  in  accordance  with  the  normal  committee 
procedures established in Articles 5 and 7 of Decision 1999/468/EC, having regard to 
the provisions of Article 8 thereof. 

16 
http://www.pops.int/documents/meetings/poprc/chem_review/Chlordecone/Chlordecone_Letter.pdf. 

Chlordecone, hexabromobiphenyl, nominated on 5 May 2005, see 

PFOS 

nominated on 14 June 2005, see 

http://www.pops.int/documents/meetings/poprc/chem_review/PFOS/PFOS_Letter.pdf. 

Octabromodiphenyl 

ether, Pentachlorobenzene (and SCCP, not on the agenda for COP-4) nominated on 29 June 2006, see 

Pentabromodiphenyl ether, nominated on 28 January 2005, see 

http://www.pops.int/documents/meetings/poprc/chem_review/OctaBDE/OctaBDE_Letter.pdf  
17 
http://www.pops.int/documents/meetings/poprc/chem_review/PentaBDE/PentaBDE_Letter.pdf  
18 
http://www.pops.int/documents/meetings/poprc/chem_review/Lindane/Lindane_Letter_e.pdf  
Alpha and Beta hexachlorohexane, nominated on 25 July 2006, see 
http://www.pops.int/documents/meetings/poprc/chem_review/AlphaHCH/AlphaHCH_Letter_e.PDF  
19 

Lindane, nominated on 29 June 2005, see 

OJ L 372, 27.12.2006, p. 32; 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  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  262,  27.9.1976,  p.  201;  Council  Directive  of  27  July  1976  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 
OJ L 327, 22.12.2000, p. 1; 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 

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(10)  At the fourth Conference of Parties to the Stockholm Convention, the Community and 
the  Member  States  should  cooperate  closely  to  ensure  that  any  amendments  to  the 
Annexes are compatible with Community law and/or policies, 

HAS DECIDED AS FOLLOWS:  

Sole Article 

At the fourth meeting of the Conference of the Parties to the Stockholm Convention on POPs, 
the Commission shall present the following position of the Community on the proposals for 
adding substances to Annexes A, B and/or C to that Convention: 

(1) To list in Annex A of the Convention without use and production exemptions: 

•  2,2',4,4'- 

tetrabromodiphenyl  ether  (BDE-47,  CAS  No.  40088-47-9)  and 
2,2',4,4',5-pentabromodiphenyl  ether  (BDE-99,  CAS  No.  32534-81-9)  and  other 
tetra- and pentabromodiphenyl ethers present in commercial pentabromodiphenyl 
ether 

•  2,2',4,4',5,5'-hexabromodiphenyl  ether 

(BDE-153,  CAS  No.  68631-49-2), 
2,2',4,4',5,6'-  hexabromodiphenyl  ether  (BDE-154,  CAS  No.  207122-15-4), 
2,2',3,3',4,5',6-heptabromodiphenyl  ether  (BDE-175,  CAS  No.  446255-22-7)  and 
2,2',3,4,4',5',6-heptabromodiphenyl  ether  (BDE-183  CAS  No.  207122-16-5)  and 
other  hexa- 
commercial 
octabromodiphenyl ether 

and  heptabromodiphenyl 

ethers  present 

in 

•  Chlordecone 

•  Hexabromobiphenyl 

•  Alpha hexachlorocyclohexane 

•  Beta hexachlorocyclohexane 

•  Lindane 

(2)  To  list  in  Annex  A  of  the  Convention  and  specifying  the  related  control  measures  of 
following chemicals: 

•  Perfluorooctane sulfonic acid (CAS No. 1763-23-1), its salts and perfluorooctane 

sulfonyl fluoride (CAS No. 307-35-7) with the following use exemptions: 

– 

– 

– 

– 

photoresists or anti reflective coatings for photolithography processes; 

photographic coatings applied to films, papers, or printing plates; 

mist  suppressants  for  non-decorative  hard  chromium  (VI)  plating  and 
wetting agents for use in controlled electroplating systems; 

hydraulic fluids for aviation; 

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– 

fire-fighting  foams,  placed  on  the  market  before  the  ban,  can  be  used 
until  two  years  after  the  entry  into  force  of  the  Decision  under  the 
Convention.  

(3) To list in Annex A and C of the Convention without use and production exemptions: 

•  Pentachlorobenzene 

Done at Brussels, […] 

For the Council 
The President 

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