Recommendation from the Commission to the Council concerning a proposal, on behalf of the European Union, for amendments to Annexes A and C to the Stockholm Convention on Persistent Organic Pollutants
Date: 2010-04-15
Institutions: European Commission
Subjects: chemical product, environmental protection, international convention, market approval, organic pollution, toxic substance

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EUROPEAN COMMISSION 

Brussels, 15.4.2010 
COM(2010)151 final 

RECOMMENDATION FROM THE COMMISSION TO THE COUNCIL 

concerning a proposal, on behalf of the European Union, for amendments to Annexes A 
and C to the Stockholm Convention on Persistent Organic Pollutants 

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RECOMMENDATION FROM THE COMMISSION TO THE COUNCIL 

concerning a proposal, on behalf of the European Union, for amendments to Annexes A 
and C to the Stockholm Convention on Persistent Organic Pollutants 

A. 

1. 

2. 

3. 

4. 

5. 

EXPLANATORY MEMORANDUM 

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 currently twenty-one priority persistent organic pollutants, their 
safe  handling  and  disposal  and  elimination  or  reduction  of  releases  of  certain 
unintentional persistent organic pollutants. 

Regulation (EC) No 850/2004 implements in Union law the commitments set out in 
the  Stockholm  Convention  on  Persistent  Organic  Pollutants,  hereinafter  "the 
Convention", approved by Council Decision 2006/507/EC1 and in the Protocol to the 
1979 Convention on Long-Range Transboundary Air Pollution on Persistent Organic 
Pollutants approved by Council Decision 259/2004/EC2. 

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 22 of the Convention. 

According  to  available  scientific  information  and  review  reports  and  taking  due 
account  of  the  screening  criteria  laid  down  in  Annex  D  of  the  Convention 
hexachlorobutadiene,  pentachlorophenol  and  chlorinated  naphthalenes  exhibit 
characteristics of persistent organic pollutants.  

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

6. 

The Council's authorisation for negotiations is based on Article 218(2) TFEU. 

B. 

RECOMMENDATION 

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

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OJ L 209, 31.7.2006, p. 1 
OJ L 81, 19.02.2004, p. 35  

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The Council authorises, with a view to starting the review procedures towards negotiations on 
possible  amendments  of  Annexes  A  and  C  to  the  Stockholm  Convention  on  Persistent 
Organic Pollutants, the Commission to submit to the Executive Secretariat of the Convention, 
in  time  for  consideration  by  the  next  Persistent  Organic  Pollutants  Review  Committee 
meeting  in  October  2010,  the  proposal,  on  behalf  of  the  European  Union,  to  amend  the 
relevant  annexes  to  the  Convention  by  adding  the  following  substances  to  Annex  A  and/or 
Annex C: 

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

–  pentachlorophenol (CAS number: 87-86-5); 

–  chlorinated naphthalenes (a group of 75 chlorinated naphthalenes containing one to eight 

chlorine atoms);  

The  Commission  together  with  the  Member  States  shall  ensure  that  relevant  information  in 
support of the proposals is submitted to the Persistent Organic Pollutants Review Committee. 

Done at Brussels,  

For the Council, The President 

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