Proposal for a COUNCIL DECISION establishing the position to be adopted on behalf of the European Union at the Fifth Conference of the Parties to the Stockholm Convention on Persistent Organic Pollutants (POPs) with regard to the proposal for an amendment of Annex A
Date: 2011-02-16
Institutions: European Commission
Subjects: Sweden, environmental protection, international convention, organic pollution

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EUROPEAN COMMISSION 

Brussels, 16.2.2011 
COM(2011) 67 final 

2011/0035 (NLE) 

Proposal for a 

COUNCIL DECISION 

of [ ... ] 

establishing the position to be adopted on behalf of the European Union at the Fifth 
Conference of the Parties to the Stockholm Convention on Persistent Organic Pollutants 
(POPs) with regard to the proposal for an amendment of Annex A 

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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 (hereafter called the POPs Regulation).  

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  originally  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.  These  original  substances  were  supplemented  with  additional  nine  new 
substances 
chlordecone, 
hexabromobiphenyl, alpha hexachlorocyclohexane, beta hexachlorocyclohexane, lindane and 
Pentachlorobenzene) added to the Annexes by decisions made by the fourth Conference of the 
Parties in May 2009. 

commercial  penta-BDE,  PFOS, 

(commercial  octa-BDE, 

At the fifth Conference of the Parties in April 2011, a decision should be taken to add to the 
Annex A of the Stockholm Convention a new substance (endosulfan) nominated in 2007 by 
the European Union. 

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 

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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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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. 

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 SUBSTANCE AND EU LAW 

Endosulfan has been subject to a decision for non-inclusion in Council Directive 91/414/EEC 
of  15  July  1991  concerning  the  placing  of  plant  protection  products  on  the  market.  Any 
substances  that  will  be  listed  in  Annexes  A,  B  and/or  C  to  the  Stockholm  Convention5  will 
need  to  be  included  in  the  POPs  Regulation  in  order  to  ensure  that  the  EU  implementation 
corresponds to the 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  EU 
meets  its  international  commitments  and  to  ensure  consistent  reporting,  it  would  be 
appropriate to add endosulfan to the appropriate Annex of the Regulation, even if it is already 
restricted partly by another EU instrument. 

4. 

THE POP RC RECOMMENDATIONS 

The POP RC has decided at its fifth meeting in October 2010 to recommend the listing of the 
technical endosulfan (CAS No: 115-29-7), its related isomers (CAS No: 959-98-8 and CAS 
No: 33213-65-9) and endosulfan sulfate (CAS No: 1031-07-8) in Annex A of the Convention 
with specific exemptions and to submit that recommendation to the COP for its consideration 
at  the  meeting  on  25  –  29  April  2011,  in  accordance  with  Article  8  paragraph  9  of  the 
Convention.  

The Conference of the Parties may need to decide on possible time-restricted exemptions for 
certain Parties to allow a gradual phase-in of the elimination requirement for endosulfan, its 
related isomers and endosulfan sulphate. 

5. 

THE EU POSITION 

In view of the above, at the Fifth Conference of the Parties to the Stockholm Convention the 
European Union should support the adoption of the amendment to the Stockholm Convention 
by adding technical endosulfan, its related isomers and endosulfan sulfate to annex A.  

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The same applies to substances added to Annexes I, II and/or III of the UN-ECE Protocol on POPs  

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2011/0035 (NLE) 

Proposal for a 

COUNCIL DECISION 

of [ ... ] 

establishing the position to be adopted on behalf of the European Union at the Fifth Conference 
of the Parties to the Stockholm Convention on Persistent Organic Pollutants (POPs) with regard 
to the proposal for an amendment of Annex A 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192 
thereof,  
(1), 

conjunction 

Article 

with 

218 

(9), 

in 

Having regard to the proposal from the Commission6, 

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  European  Union's  policy  on  the  environment,  in  accordance  with 
Article 191 of the Treaty. 

The  European  Union  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 Pollutants7. 

The European Union has implemented the obligations from the Convention in European Union 
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/EEC8  (hereafter 
called the POPs Regulation). 

The  European  Union  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. 

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

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(5) 

(6) 

(7) 

(8) 

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

Following  a  nomination  of  endosulfan  received  from  the  European  Union  in  2007,  the 
Persistent  Organic  Pollutants  Review  Committee  established  under  the  Convention  has 
concluded its work on endosulfan. POP RC has found that endosulfan meets the criteria of the 
Convention. The forthcoming Conference of the Parties to the Convention is expected to decide 
on the inclusion of technical endosulfan, its related isomers and endosulfan sulfate in Annex A 
of  the  Convention.  Specific  exemptions  (time  limited  exemptions  for  certain  Parties)  may  be 
requested and the EU should be in a position to respond to such requests during COP5. 

Endosulfan  is  subject  to  Commission  Decision  of  2  December  2005  concerning  the  non-
inclusion  of  endosulfan  in  Annex  I  to  the  Council  Directive  91/414/EEC  of  15  July  1991 
concerning  the  placing  of  plant  protection  products  on  the  market9  and  the  withdrawal  of 
authorisation for plant protection products containing this active substance10.  

The amendment to Annex A of the Convention by technical endosulfan, its related isomers and 
endosulfan sulfate 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. 

(9) 

The amendment to Annex A should be supported, 

HAS ADOPTED THIS DECISION:  

Sole Article 

At the Fifth Conference of the Parties to the Stockholm Convention, the Commission shall support, on 
behalf of the European Union, the adoption of the amendment to the Stockholm Convention by adding 
endosulfan to annex A.  

Done at Brussels, […] 

For the Council 
The President 
[...] 

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10 

OJ L 230, 19.8.1991, p. 1 
OJ L 317, 03.12.2005, p. 25 

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