Proposal for a COUNCIL DECISION on the position to be adopted, on behalf of the European Union, at the Sixth Conference of the Parties to the Stockholm Convention on Persistent Organic Pollutants with regard to the proposal for an amendment of Annexes A and B
Date: 2013-03-12
Institutions: European Commission
Subjects: international convention, market approval, marketing standard, organic chemical, pollutant, pollution control measures

EUROPEAN 
COMMISSION 

Brussels, 12.3.2013  
COM(2013) 134 final 

2013/0075 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be adopted, on behalf of the European Union, at the Sixth Conference 
of the Parties to the Stockholm Convention on Persistent Organic Pollutants with regard 
to the proposal for an amendment of Annexes A and B 

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EXPLANATORY MEMORANDUM 

CONTEXT OF THE PROPOSAL 

1. 
The  Stockholm  Convention  on  Persistent  Organic  Pollutants  (POPs)1  was  adopted  in  May 
2001  in  the  framework  of  the  United  Nations  Environment  Programme  (UNEP).  The 
European Union 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 organic pollutants and 
amending Directive 79/117/EEC4 (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 the 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 of the Convention, which lays down the rules for including 
additional chemicals in the Annexes to the Convention. 

At  the  sixth  Conference  of  the  Parties  in  May  2013,  a  decision  should  be  taken  to  add  to 
Annex  A  of  the  Stockholm  Convention,  which  lists  substances  to  be  eliminated,  a  new 
substance, Hexabromocyclododecane (HBCDD)5, nominated in 2008 by Norway. At the same 
meeting, a decision should be taken to delete a number of specific exemptions and acceptable 
purposes for the production, placing on the market and use of Perfluorooctane sulfonic acid 
(PFOS) and its derivatives. 

HBCDD AND EU LAW 

HBCDD  is  used  solely  as  an  additive  flame  retardant  in  Expanded  Polystyrene  (EPS), 
Extruded Polystyrene (XPS), High Impact Polystyrene (HIPS) and in polymer dispersion for 
textiles. 

HBCDD  is  a  persistent,  bioaccumulative  and  toxic  (PBT)  substance.  As  such,  it  has  been 
identified  as  a  Substance  of  Very  High  Concern  (SVHC)  under  Regulation  (EC)  No 
1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning 
the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH)6. In 2011 
HBCDD  was  included7  in  Annex  XIV  to  REACH  and  thereby  made  subject  to  the 
authorisation procedure under that Regulation. Therefore, if a person wishes to place on the 
market and/or use HBCDD after 21 August 2015 (the so-called sunset date), he must submit 
an  application  for  authorisation  for  the  relevant  use  to  the  European  Chemicals  Agency 
(ECHA)  by  21  February  2014.  After  21  August  2015,  placing  on  the  market  and  use  of 
HBCDD  will  be  prohibited  unless  an  authorisation  is  granted  to  a  particular  person  for  a 
particular use. 

1 
2 
3 
4 
5 

6 
7 

http://www.pops.int/documents/convtext/convtext_en.pdf. 
Two EU Member States have not yet ratified (Italy and Malta).  
OJ L 209, 31.7.2006, p. 1. 
OJ L 158, 30.4.2004, p. 7. 
Hexabromocyclododecane  (CAS  No.:  25637-99-4),  1,2,5,6,9,10-hexabromocyclododecane  (CAS  No.: 
3194-55-6)  and  its  main  diastereoisomers:  alpha-hexabromocyclododecane  (CAS  No.:  134237-50-6); 
beta-hexabromocyclododecane (CAS No.: 134237-51-7); and gamma-hexabromocyclododecane (CAS 
No: 134237-52-8). 
OJ L 396, 30.12.2006, p. 1. 
Regulation  (EU)  No  143/2011  of  17  February  2011  amending  Annex  XIV  to  Regulation  (EC)  No 
1907/2006  of  the  European  Parliament  and  of  the  Council  on  the  Registration,  Evaluation, 
Authorisation and Restriction of Chemicals (‘REACH’), L 44, 18.2.2011, p.2. 

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After  21  August  2015,  EU  manufacturers  of  EPS,  XPS,  HIPS  and  textiles,  containing 
HBCDD  will  be  able  to  manufacture  these  materials  only  if  authorised  to  do  so.  Imported 
articles containing HBCDD are outside of the scope of authorisation under REACH. 
Substances  listed  in  Annexes  A,  B  and/or  C  to  the  Stockholm  Convention8  will  need  to  be 
included in the POPs Regulation in order to ensure that the EU implementation corresponds to 
the international commitments. 

PFOS AND EU LAW 

At the fourth meeting of the Conference of the Parties to the Convention on 4–8 May 2009, it 
was agreed to list, inter alia, PFOS and its derivatives under Annex B to the Convention, with 
a number of specific exemptions and acceptable purposes. The implementing EU legislation is 
more restrictive than the Stockholm Convention as it does not include the exemptions and the 
acceptable  purposes  that  were  already  banned  in  the  EU  under  REACH.  This  was  done  in 
order  to  comply  with  the  over-arching  principle  of  not  lowering  the  level  of  environmental 
protection in the EU. 

PROCEDURE FOR ADDING NEW POP SUBSTANCES AND AMENDING THE ANNEXES OF 

THE CONVENTION 

According to Article 8 of the Convention, Parties may submit proposals to the Secretariat for 
listing  a  chemical  in  Annexes  A,  B  and/or  C.  The  Persistent  Organic  Pollutants  Review 
Committee (POP RC) shall examine the proposal. 

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.  

For the EU, amendments to the Annexes A, B and/or C enter into force one year from the date 
of the communication by the depositary of their adoption by the COP. 

THE POP RC RECOMMENDATIONS 

The POP RC has decided at its eighth meeting in October 2012 to recommend the listing of 
HBCDD  in  Annex  A  to  the  Convention  with  specific exemptions for  production and  use in 
EPS  and  XPS  in  buildings.  The  POP  RC  recommendation  is  based  on  the  existence  of 
alternatives to HBCDD. However, their availability in sufficient quantities and potentially the 
need to adapt the production system for EXP and EPS in buildings within a short period of 
time is questionable, in particular for some developing countries. 

The POP RC also notes in the decision that the end-of-life disposal of products and articles 
containing HBCDD will represent a long-term source of emissions into the environment, and 
that,  if  HBCDD  is  listed  in  Annex  A  to  the  Convention,  waste  management  measures  in 
accordance with Article 6 paragraph 1(d) of the Convention would ensure that products and 
articles  containing  HBCDD  are  disposed  of  in  such  a  way  that  their  persistent  organic 
pollutant content is destroyed or otherwise disposed of in an environmentally sound manner. 

In  accordance  with  Article  8  paragraph  9  of  the  Convention,  the  POP  RC  has  decided  to 
submit that recommendation to the COP for its consideration at the meeting in May 2013. 

8 

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

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The POP RC also adopted a number of recommendations on alternatives to the use of PFOS 
in  open  applications.  In  its  recommendations,  POP  RC  considers  that  information  on  the 
commercial  availability  and  effectiveness  of  safer  alternatives  to  PFOS  for  the  following 
applications  has  become  available,  and  encourages  parties  to  stop  using  PFOS  for  these 
applications:  fire-fighting  foams;  insecticides  for  the  control  of  red  imported  fire  ants  and 
termites;  decorative  metal  plating;  carpets;  leather  and  apparel;  textiles  and  upholstery. 
Furthermore, POP RC encourages parties to restrict the use of PFOS in hard metal plating, to 
closed-loop systems only. 

THE POP RC RECOMMENDATIONS AND EU LAW 

The  POP  RC  recommendation,  if  followed  by  the  COP  in  May  2013,  will  result  in  an 
international ban on manufacturing, placing on the market and use of HBCDD, except for its 
use in EPS and XPS in building-related applications. This specific exemption will apply for a 
period of five years, extendable, if necessary, by another five years.  

The listing of HBCDD in Annex A to the Convention 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  5a  of  Decision  1999/468/EC9,  having 
182/201110.  
regard 
The  inclusion  of  HBCDD  under  the  Convention  should  be  timed  so  that  the  subsequent 
amendment  of  the  POPs  Regulation  could  be  applicable  from  the  finalisation  of  the 
authorisation procedure for HBCDD under REACH. This may require allowing the Parties to 
the  Convention  to  postpone  the  transposition  of  the  relevant  COP  decision  until  February 
2016. 

of  Regulation 

to  Articles 

(EU)  No 

and 

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10 

The time limited exemption under the Convention has a similar objective to the authorisation 
procedure under REACH. Both devices force operators to phase out problematic substances, 
whilst  allowing  for  reasonable  time  to  do  so.  In  the  case  of  HBCDD,  the  timing  of  both 
instruments  will  coincide,  thus  they  will  have  similar  effects  on  the  majority11  of  the  EU 
market. Manufacturers, traders and users of HBCDD in building-related applications of EPS 
and  XPS,  which  are  covered  by  the  exemption,  will  be  able  to  apply  for  and  benefit  from 
authorisations under REACH. Manufacturers, traders and users of HBCDD in HIPS, textiles 
and non-building-related applications of EPS and XPS must switch to alternatives. However, 
due to the availability of alternatives, the small size of the relevant markets and – in the case 
of  textiles  -  based  on  the  current  market  trends  where  the  use  of  HBCDD  has  significantly 
diminished over the last years, it is unlikely that the relevant market operators would invest in 
applications  for  authorisations.  Therefore,  even  without  listing  of  HBCDD  under  the 
Convention, it is expected that these uses will be phased out and effectively banned in the EU 
after 21 August 2015 under REACH. 

9 

10 

11 

Council  Decision  1999/468/EC  of  28  June  1999  laying  down  the  procedures  for  the  exercise  of 
implementing powers conferred on the Commission, OJ L 184, 17.7.1999, p. 23. 
Regulation  (EU)  No  182/2011  of  the  European  Parliament  and  of  the  Council  of  16  February  2011 
laying down the rules and general principles concerning mechanisms for control by Member States of 
the Commission’s exercise of implementing powers, OJ L 55, 28.2.2011, p. 13. 
In 2008 the use of HBCDD in EPS and XPS constituted 96.3% of the total use of HBCDD in the EU. 
According to the 2011 assessment of the consumption of HBCDD in EPS and XPS in conjunction with 
national  fire  requirements  (see  http://www.klif.no/publikasjoner/2819/ta2819.pdf),  in  Europe,  70%  of 
EPS is used in building related applications, 25% in packaging and 5 % in other applications. Packaging 
material is generally thought to be HBCDD free. Therefore, vast majority of HBCDD containing EPS is 
used  in  building-related  applications. HBCDD  containing  XPS  is  thought  to  be used only  in building 
related applications. 

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Whilst  the  effect  on  the  EU  market  of  both  measures  is  largely  similar,  listing  of  HBCDD 
under the Convention and the implementation in EU law will bring significant added value. 
HBCDD  is  a  persistent  organic  pollutant  capable  of  long-range  environmental  transport. 
Therefore, the REACH authorisation procedure may not be sufficient to protect EU citizens 
and the environment from adverse effects of HBCDD, as it will not affect manufacturing and 
use of HBCDD in third countries. Global action is therefore necessary. Furthermore, listing of 
HBCDD under the Convention will level the playing field between its users in the EU and in 
third  countries.  Whilst  the  former  group  is  obliged  under  REACH  to  invest  resources  in 
switching  to  alternatives  and/or  preparing  applications  for  authorisation,  the  latter  group  is 
currently  not  subjected  to  such  pressures,  as  imported  articles  are  not  subject  to  REACH 
authorisation.  Listing  HBCDD  with  the  time-barred  exemption  under  the  Convention  will 
force  third  country  operators  to  start  investing  in  switching  to  alternatives  just  like  the 
REACH authorisation process forces EU users to invest in the switch. 

Once adopted by the COP, the POP RC recommendation on HBCDD should be implemented 
in the EU Law in a manner which would make REACH and the POPs Regulation complement 
rather  than  contradict  one  another.  This  means  that  the  exemption  for  building  related  uses, 
when  implemented  through  the  POPs  Regulation,  will  be  limited  to  those  authorised  under 
REACH.  This  approach  will  be  in  line  with  the  overarching  principle  of  not  lowering  the 
environmental protection in the EU. It will also protect the investment of the market operators 
who  were  successful  in  obtaining  authorisations  under  REACH.  The  exemption  under  the 
POPs  Regulation  will  have  to  be  time-barred.  This  means  that,  unless  extended,  the 
exemption will expire 5 years after its entry into force (February 2021). However, if despite 
the information submitted by the industry, more time is needed in order to substitute HBCDD, 
the EU may propose to extend the validity of the exemption under the Convection by another 
5 years (February 2026). 

With regards to PFOS and its derivatives, a deletion of the specific exemptions listed in the 
decision of the POP RC will have no impact on the EU law as the relevant exemptions were 
either not implemented in the POPs Regulations or have already expired. The only exception 
to this is the exemption for the use of PFOS in hard metal plating in open systems, currently 
exempted under the POPs Regulation for the use as wetting agents in controlled electroplating 
systems. This exemption under the POPs Regulation is however only allowed until 26 August 
2015.  

THE EU POSITION 

In  view  of  the  above,  at  the  Sixth  COP  to  the  Stockholm  Convention,  the  European  Union 
should support the adding of HBCDD to Annex A to the Convention (with the exemption for 
its  production  and  use  in  EPS  and  XPS  in  buildings).  Parties  to  the  Convention  should  be 
allowed to postpone the transposition of listing of HBCDD until February 2016. Furthermore, 
the  European  Union  should  support  the  deletion  of  the  relevant  specific  exemptions  and 
acceptable  purposes  for  PFOS  and  its  derivatives,  except  for  the  exemption  for  the  use  as 
wetting  agents  in  controlled  electroplating  systems.  That  exemption  should  be  maintained 
until its expiry in 2015. The exemption should not be extended beyond that date.  

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

The relevant risks and socio economic considerations related to the use of HBCDD 
in  the  EU  and  in  the  world  were  investigated  by  ECHA  in  2008  and  POP  RC 
between  2009  and  2012.  Both  investigations  involved  consultation  with  interested 
parties. 

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THE CONSULTATION 

When HBCDD was recommended for inclusion in Annex XIV to REACH, ECHA prepared a 
background  document12  supporting  the  recommendation.  The  background  document  was 
based  on  a  paper  entitled  Data  on  Manufacture,  Import,  Export,  Uses  and  Releases  of 
HBCDD as well as Information on Potential Alternatives to its Use13. Both documents were 
subject to public consultation. 

The  information  presented  in  those  two  documents  on  manufacture  import  and  export,  uses 
and releases from uses is based on the Risk Assessment Report with additional data supplied 
by the HBCD Industry User Group in October 2008. This additional data comprises summary 
data for the total sales and consumption of HBCDD across the EU for each year from 2003 
until 2007. The information on possible alternatives to HBCDD has been taken from a wide 
variety  of  sources  including  reviews  undertaken  by  both  industry  and  regulators  that  have 
aimed to identify candidate substances/techniques. 

At  its  seventh  meeting,  the  POP  RC  adopted  the  risk  management  evaluation  (RME)  for 
HBCDD14. The RME was consulted with the stakeholders, including industry representatives, 
between 2010 – 2012 POP RC invited the ad hoc working group on HBCDD that prepared 
the RME to collect further information in respect of HBCDD. POP RC agreed to review the 
additional information and to consider at its eighth meeting whether to specify the annex to 
the  Convention  and  possible  exemptions  to  be  considered  by  the  COP  in  listing  HBCDD. 
Twenty-six  Parties  and  country  observers  submitted  information15.  In  addition,  seven  non-
governmental observers submitted information16. 

RESULTS OF THE CONSULTATION 

Listing  of  HBCDD  under  the  Convention  in  accordance  with  the  POP  RC  recommendation 
and  the  subsequent  implementation  in  the  EU  through  the  POPs  Regulation  will  ban  the 
production, placing on the market and use of HBCDD in, HIPS and textiles as well as non-
building-related applications of EPS and XPS. 

HIPS 

According to the documents published by ECHA, HIPS with HBCDD is mainly used in video 
and  stereo  equipment,  distribution  boxes  for  electrical  lines  in  the  construction  sector  and 
refrigerator  lining.  Different  sources  estimate  the  HBCDD  content  of  flame-retarded  HIPS 
between 1-7% (w/w) and the EU Risk Assessment Report assumed as a realistic worst case, 
that  HIPS  contains  7%  HBCDD.  The  use  volume  has  not  changed  in  the  last  few  years  in 
Europe and is estimated at 210 tonnes/year (1.81% of the total use of HBCDD in the EU). 

HBCDD  is  not  widely  used  in  HIPS  and  it  is  reasonable  to  assume  that  alternative  flame 
retardants  are  available  for  this  application.  The  following  chemicals  can  be  used  as 
alternatives  to  HBCDD  in  HIPS:  Ethylenebis(tetrabromophthalimide)  (EBTPI),  (technically 
feasible, commercially available and used extensively); Decabromodiphenylethane (DBDPE) 

12 
13 
14 

15 

16 

http://echa.europa.eu/documents/10162/42ddec00-863a-4cff-abd2-6d4b39abe114. 
http://echa.europa.eu/documents/10162/eb5129cf-38e3-4a25-a0f7-b02df8ca4532. 
UNEP/POPS/POPRC.7/19/Add.1, available at: 
http://chm.pops.int/Convention/POPsReviewCommittee/POPRCMeetings/POPRC7/POPRC7Document
s/tabid/2267/language/en-US/Default.aspx. 
Argentina,  Azerbaijan,  Brazil,  Bulgaria,  Cambodia,  Cameroon,  Canada,  China,  Germany,  Guatemala, 
Indonesia,  Ireland,  Israel,  Italy,  Kiribati,  Latvia,  Mali,  Mexico,  Monaco,  Myanmar,  the  Netherlands, 
Norway, Poland, Romania, Thailand and United States of America. 
Great Lakes Solutions, Green Chemicals Srl, International POPs Elimination Network IPEN, PS Foam 
Industry, Extruded Polystyrene Foam Association, and jointly the industry associations EXIBA (a Cefic 
sector group) and EPS (PlasticsEurope), as well as former POPRC member. 

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(technically  feasible,  commercially  available  and  used  extensively).  DBDPE  is  commonly 
used in HIPS and textiles, with better effect than HBCDD and approximately equal price as 
HBCDD;  Triphenyl  phosphate  (technically  feasible,  commercially  available  and  used 
extensively); Bisphenol A bis (biphenyl phosphate) (BDP) (technically feasible, commercially 
available  and  used  extensively);  Diphenyl  cresyl  phosphate 
feasible, 
commercially available and used extensively). 

(technically 

Other  chemicals  that  can  be  used  as  alternatives  to  HBCDD  in  HIPS  include  a  variety  of 
brominated  flame  retardants  used  in  conjunction  with  antimony  trioxide  (ATO).  These 
include:  Tris(tribromoneopentyl)phosphate;  Tetrabromobisphenol  A-Bis(2,3-dibromopropyl 
ether) 
triazine;  Ethane-1,2-
bis(pentabromophenyl) and Ethylenebis(tetrabromophtalimide).  

(TBBPA-DBPE);  2,4,6-tris(2,4,6-tribromophenoxy)-1,3,5 

Alternative materials to HIPS are also on the market. More specifically, in electrical products 
HIPS  can  be  replaced  by  various  alternative  materials,  including  blends  of  polycarbonate  / 
acrylonitrile  butadiene  styrene  (PC/ABS),  polystyrene  /  polyphenylene  ether  (PS/PPE)  and 
polyphenylene ether / high impact polystyrene (PPE/HIPS ) without flame retardants or with 
the use of non-halogenated phosphorus flame retardants. 

Textiles 

According to the documents published by ECHA, HBCDD is used in textile applications to 
comply  with  British  and  German  DIN  flame  retardant  standards,  mainly  for  upholstered 
furniture and seating in transportation, draperies, bed mattress ticking, interior and automobile 
textiles. A likely HBCDD concentration in the final product is estimated to be 10-15%. After 
a substantial reduction of this use during the last few years it is estimated that only about 210 
tonnes/year  are  currently  used  in  textile  coating  (1.81%  of  the  total  use  of  HBCDD  in  the 
EU). 

The relatively low quantity of HBCDD used in textile coatings and the high reduction in its 
use  in  the  last  few  years  was  assumed  to  reflect  the  availability  of  equally  effective 
alternatives.  Flame  retardant  use  in  textiles  can  be  avoided  if  the  material  itself  is  non- 
flammable  or  has  low  flammability.  Some  natural  materials  such  as  wool  may  therefore  be 
used as barrier materials in furniture. Other inherently flame retardant materials include rayon 
with  a  phosphorus  additive,  polyester  fibres,  and  aramids.  Also  several  chemicals  are 
available that may be used as drop-in alternatives for HBCDD in textile applications.  

(technically 

For textile back coating, chemical alternatives to HBCDD include, Decabromodiphenylethane 
(DBDPE)  (technically  feasible,  commercially  available  and  used  extensively);  ethylene 
bis(tetrabromophtalimide) 
and  used 
feasible, 
extensively);  chlorinated  paraffins  (technically  feasible,  available  and  used  extensively)  and 
ammonium  polyphosphates  (technically  feasible,  available  and  used  extensively).  It  should 
nevertheless  be  noted  that,  with  the  exception  of  ammonium  polyphosphates,  these  are 
halogenated  and  persistent  substances  with  the  potential  of  being  themselves  classified  as 
POPs  at  a  later  stage.  Furthermore,  short  chain  chlorinated  paraffins  (SCCPs)  are  already 
restricted17 under the POPs Regulation. 

commercially 

available 

In textiles fire safety may also be achieved by the use of intumescent systems. Intumescence 
is  the  formation  of  a  foamed  char,  which  acts  as  heat  insulation.  An  intumescent  system  is 
generally a combination of a source of carbon to build up char, an acid generating compound 
and a decomposing compound to generate blowing gases to produce foamed char. 

17 

Commission Regulation (EU) No 519/2012 of 19 June 2012 amending Regulation (EC) No 850/2004 of 
the European Parliament and of the Council on persistent organic pollutants as regards Annex I, OJ L 
159, 20.6.2012, p. 1. 

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Non-building-related applications of EPS and XPS 

According to the 2011 report entitled Assessment of the consumption of HBCDD in EPS and 
XPS  in  conjunction  with  national  fire  requirements18,  in  the  EU,  70%  of  EPS  is  used  in 
building  related  applications,  25%  in  packaging  (industrial  and  food)  and  5%  in  other 
applications.  Packaging  material  is  generally  thought  to  be  HBCDD  free.  The  main  non-
building related use of HBCDD containing EPS is the use in automobile cushions for children 
to meet the needs of the FMVSS 302 standard. There do not appear to be any non-building-
related applications of HBCDD-containing XPS in the EU. 

During the two year consultation period no request for a specific exemption for non-building 
related  uses  of  EPS  and  XPS  has  been  made  by  governments  or  industry.  It  is  therefore 
assumed  that  there  are  either  alternative  chemicals  used  in  those  applications  or  alternative 
materials altogether. 

Building-related applications of EPS and XPS 

The main use of HBCDD in the EU is in the production of EPS and XPS. HBCDD-containing 
EPS  is  mainly  used  in  building-related  applications.  HBCDD-containing  XPS  appears  to  be 
used only in building-related applications. 

At  present,  suitable  flame  retardant  is  available  but  in  insufficient  quantities  to  replace 
HBCDD in most building-related uses of XPS or EPS, as much higher levels of non-halogen 
flame  retardant  (EPS  and  XPS  contain  0.7  %  and  2.5  %  HBCDD  respectively)  would  be 
necessary. In March 2011, Great Lakes Solutions announced it will scale up production of a 
high  molecular  weight  brominated  co-polymer  of  styrene  and  butadiene  flame  retardant 
(Polymeric FR) suitable for EPS and XPS. It is expected, however, to take several years for 
the industry to fully convert to this technology. According to the industry hazard assessment, 
it is persistent, but not bioaccumulative or toxic. 

According to the information presented during the eighth meeting of POP RC, currently pilot 
scale quantities of Polymeric FR are being submitted to downstream users for testing. Plant 
scale  production  trials  have  run  successfully  and  Polymeric  FR  should  be  commercially 
available in 2012 from Great Lakes Solutions-Chemtura Corporation. ICL-Industrial Products 
recently  announced  that  they  are  aiming  for  commercial  production  by  2014  (10  000  MT). 
Albemarle  (US)  will  have  the  chemical  commercially  available  in  2014.  The  sufficient 
capacity to replace HBCDD should therefore be reached within 3-5 years. 

Considering  the  foregoing,  the  time-limited  exemption  for  the  use  of  HBCDD  in  building-
related  applications  of  EPS  and  XPS  should  be  supported  in  order  to  allow  the  industry 
enough time to switch to the alternatives. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

The  proposal  consists  in  a  Council  Decision,  based  on  Articles  192(1)  and  218(9)  of  the 
TFEU, establishing the position to be adopted, on behalf of the EU, at COP6 of the Stockholm 
Convention on Persistent Organic Pollutants with regard to the proposal for an amendment of 
Annexes A and B. 

Article 218(9) TFEU is the appropriate legal basis as the act that COP6 is called upon to adopt 
is a decision amending an annex to the Stockholm Convention which has legal effects. 

18 

http://www.klif.no/publikasjoner/2819/ta2819.pdf. 

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2013/0075 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be adopted, on behalf of the European Union, at the Sixth Conference 
of the Parties to the Stockholm Convention on Persistent Organic Pollutants with regard 
to the proposal for an amendment of Annexes A and B 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 192(1), in conjunction with Article 218(9) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

19 
20 
21 

The Stockholm Convention on Persistent Organic Pollutants (hereinafter referred to as 
'the Convention') was ratified by the European Union on 16 November 2004, 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 Pollutants19. 

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/EEC20 (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  persistent  organic  pollutants  (POPs),  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. 

Pursuant  to  Article  22  of  the  Convention,  the  Conference  of  the  Parties  (COP)  may 
adopt  decisions  amending  Annexes  A,  B  and  C  to  the  Convention.  Those  decisions 
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  Hexabromocyclododecane  (HBCDD)21  received  from 
Norway  in  2008,  the  Persistent  Organic  Pollutants  Review  Committee  (POP  RC) 
established  under  the  Convention  has  concluded  its  work  on  HBCDD.  POP  RC  has 
found that HBCDD meets the criteria of the Convention for a listing in Annex A. The 

OJ L 209, 31.7.2006, p. 1. 
OJ L 158, 30.4.2004, p. 7. 
Hexabromocyclododecane  (CAS  No.:  25637-99-4),  1,2,5,6,9,10-hexabromocyclododecane  (CAS  No.: 
3194-55-6)  and  its  main  diastereoisomers:  alpha-hexabromocyclododecane  (CAS  No.:  134237-50-6); 
beta-hexabromocyclododecane (CAS No.: 134237-51-7); and gamma-hexabromocyclododecane (CAS 
No: 134237-52-8). 

EN 

9 

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(6) 

(7) 

(8) 

(9) 

forthcoming Conference of the Parties to the Convention is expected to decide on the 
inclusion of HBCDD in Annex A of the Convention.  
In 2011, HBCDD was included22 in Annex XIV to Regulation (EC) No 1907/2006 of 
the  European  Parliament  and  of  the  Council  of  18  December  2006  concerning  the 
Registration,  Evaluation,  Authorisation  and  Restriction  of  Chemicals  (REACH)23. 
HBCDD  is  therefore  subject  to  the  authorisation  procedure  under  that  Regulation. 
Placing on the market and use of HBCDD will be prohibited unless an authorisation is 
granted to a particular person for a particular use. Since HBCDD is capable of long-
range environmental transport, a global phase-out of the use of this substance will be 
more beneficial to the EU citizen than an EU-wide phase-out under REACH. 

In order to align the listing under the POPs Regulation with the relevant deadline in 
Annex XIV to REACH, the Parties to the Convention should be allowed to delay the 
transposition of the COP decision listing HBCDD until February 2016. 

POP  RC  recommends  the  listing  of  HBCDD  under  the  Convention  with  a  specific 
time  limited  exemption  for  production  and  use  of  HBCDD  in  building-related 
applications of EPS and XPS. Those applications represent the vast majority of the use 
of HBCDD in the EU. Three to five years are needed in the EU in order to reach the 
sufficient capacity to replace HBCDD in the EU. The EU should therefore support the 
proposed specific exemption during COP6. 

POP RC notes that if HBCDD is listed in Annex A, waste management measures in 
accordance  with  of  Article  6  paragraph  1(d)  of  the  Convention  would  ensure  that 
products  and  articles  containing  HBCDD  are  disposed  of  in  such  a  way  that  their 
persistent  organic  pollutant  content  is  destroyed  or  otherwise  disposed  of  in  an 
environmentally sound manner. 

(10)  Wastes  containing  HBCDD,  especially  EPS  and  XPS  used  in  building-related 
applications, are currently recycled in a number of countries which are Parties to the 
Convention.  These  Parties  may  propose  an  exemption,  allowing  temporarily  the 
recycling  of  HBCDD  containing  wastes  in  an  analogous  fashion  to  the  clause  which 
was included during COP4 in Part IV to Annex A and allows the recycling of wastes 
containing  tetrabromodiphenyl  ether  and  pentabromodiphenyl  ether  under  certain 
well-defined conditions. 
In  2010,  Perfluorooctane  sulfonic  acid  (PFOS)  and  its  derivatives  were  listed24  in 
Annex I to the POPs Regulation. 

(11) 

(12)  POP RC encourages parties to stop using PFOS in fire-fighting foams; insecticides for 
the  control  of  red  imported  fire  ants  and  termites;  decorative  metal  plating;  carpets; 
leather and apparel; textiles and upholstery. POP RC also encourage parties to restrict 
the use of PFOS in hard metal plating, currently allowed as a specific exemption, to 
closed-loop  systems  only,  currently  allowed  as  an  acceptable  purpose  under  the 
Convention. 

22 

23 
24 

Regulation  (EU)  No  143/2011  of  17  February  2011  amending  Annex  XIV  to  Regulation  (EC)  No 
1907/2006  of  the  European  Parliament  and  of  the  Council  on  the  Registration,  Evaluation, 
Authorisation and Restriction of Chemicals (‘REACH’), L 44, 18.2.2011, p.2. 
OJ L 396, 30.12.2006, p. 1. 
Commission Regulation (EU) No 757/2010 of 24 August 2010 amending Regulation (EC) No 850/2004 
of the European Parliament and of the Council on persistent organic pollutants as regards Annexes I and 
III, OJ L 223, 25.8.2010, p. 29. 

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(13)  PFOS and its derivatives were listed in Annex I to the POPs Regulation only with a 
small number of exemptions provided for under the Convention. Considering POP RC 
decision,  the  relevant  specific  exemptions  and  acceptable  purposes  for  PFOS  and  its 
derivatives should be deleted except for the exemption for the use as wetting agents in 
controlled  electroplating  systems.  That  exemption  should  be  maintained  until  its 
expiry in 2015. The exemption should not be extended beyond that date. 

HAS ADOPTED THIS DECISION:  

Article 1 

The position to be taken by the European Union at the Sixth Conference of the Parties 

1 
to the Stockholm Convention shall be to support 

the  listing  of  hexabromocyclododecane  (HBCDD)25  in  Annex  A  to  the  Convention 
- 
with  a  time  limited  exemption  for  production  and  use  of  HBCDD  in  building-related 
applications; 

the  deletion  of  the  following  exemptions  and  acceptable  purposes  from  the  entry  on 
- 
Perfluorooctane sulfonic acid (PFOS) and its derivatives in Annex B to the Convention: fire-
fighting foams; insecticides for the control of red imported fire ants and termites; decorative 
metal plating; carpets; leather and apparel; textiles and upholstery, 
in line with the recommendations of the Persistent Organic Pollutants Review Committee26. 

Minor  changes  vis-à-vis  the  recommendations  of  the  Persistent  Organic  Pollutants  Review 
Committee may be agreed to by the representatives of the Union at the Sixth Conference of 
the Parties to the Stockholm Convention without further decision of the Council. 

The Parties to the Convention should be allowed to postpone the transposition of the 

2 
listing of HBCDD in Annex A to the Convention until February 2016. 

3 
In  case  the  inclusion  in  Annex  A  of  a  clause  temporarily  allowing  the  recycling  of 
wastes containing HBCDD under specific, well-defined conditions is proposed, the European 
Union may support such an amendment. 

Article 2 

After its adoption, the Decision of the Conference of the Parties to the Stockholm Convention 
shall be published in the Official Journal of the European Union. 

Done at Brussels,  

For the Council 
The Presiden 

25 

26 

Hexabromocyclododecane  (CAS  No.:  25637-99-4),  1,2,5,6,9,10-hexabromocyclododecane  (CAS  No.: 
3194-55-6)  and  its  main  diastereoisomers:  alpha-hexabromocyclododecane  (CAS  No.:  134237-50-6); 
beta-hexabromocyclododecane (CAS No.: 134237-51-7); and gamma-hexabromocyclododecane (CAS 
No: 134237-52-8). 
Decisions  POPRC-8/3:  Hexabromocyclododecane  and  POPRC-8/8:  Perfluorooctane  sulfonic  acid,  its 
salts,  perfluorooctane  sulfonyl  fluoride  and  their  related  chemcials  in  open  applications  (part  of 
at: 
POPRC-8/16), 
http://chm.pops.int/Convention/POPsReviewCommittee/LatestMeeting/POPRC8/MeetingDocuments/ta
bid/2801/Default.aspx 

available 

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