Proposal for a COUNCIL DECISION on the submission, on behalf of the European Union, of a proposal for the listing of additional chemicals in Annex A to the Stockholm Convention on Persistent Organic Pollutants
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) 131 final 

2013/0073 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the submission, on behalf of the European Union, of a proposal for the listing of 
additional chemicals in Annex A to the Stockholm Convention on Persistent Organic 
Pollutants 

EN 

   EN 

 
 
 
  
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

The  Stockholm  Convention  on  Persistent  Organic  Pollutants  (the  Convention),  approved  by 
Council  Decision  2006/507/EC1,  entered  into  force  on  17  May  2004.  The  aim  of  the 
Convention is to protect human health and the environment from persistent organic pollutants 
(POPs).  The  Convention  provides  a  framework,  based  on  the  precautionary  principle,  for 
elimination of production, use, import and export of currently twenty-two priority POPs, their 
safe  handling  and  disposal  and  elimination  or  reduction  of  releases  of  certain  unintentional 
POPs. 
Regulation (EC) No 850/2004 on persistent organic pollutants2 implements in Union law the 
commitments set out in the Convention and in the Protocol to the 1979 Convention on Long-
Range Transboundary Air Pollution on Persistent Organic Pollutants (the Protocol), approved 
by Council Decision 259/2004/EC3. 

Article  8(1)  of  the  Convention  stipulates  that  any  Party  may  submit  a  proposal  to  the 
Secretariat for listing a chemical in Annexes A, B or C to the Convention which will then be 
reviewed by the Persistent Organic Pollutants Review Committee (POP RC) following Article 
8(3) and (4). The proposal shall contain the information specified in Annex D. The procedure 
for the adoption of amendments to Annexes is governed by Article 22 of the Convention. 

According to available scientific information and review reports as well as taking due account 
of  the  screening  criteria  laid  down  in  Annex  D  to  the  Convention,  dicofol  exhibit 
characteristics of POPs. 
Dicofol  has  not  been  included4  as  active  substances  in  Annex I  to  Directive  91/414/EEC  of 
15 July 1991  concerning  the  placing of plant protection products on the market5. Moreover, 
dicofol  has  not  been  included6  in  Annex  I  or  IA  to  Directive  98/8/EC  of  the  European 
Parliament  and  of  the  Council  of  16  February  1998  concerning  the  placing  of  biocidal 
products  on  the  market7.  Therefore,  the  placing  on  the  market  and  use  of  the  substance  has 
already ceased or has been severely reduced in the EU. 
In  2008,  on  the  basis  of  Risk  Profile  and  Summary  Report  for  Dicofol8  prepared  by  the 
Netherlands, the EU nominated dicofol for listing as a POP under the Protocol. Furthermore, 
dicofol has been assessed by POP RC as a potential alternative to endosulfan. On the basis of 
this  assessment  POP  RC  considers  that  dicofol  meets  the  criteria  of  Annex  D  to  the 
Convention and therefore could be considered as a POP. 

It  cannot  be  excluded  that  dicofol  is  still  produced,  used  or  significantly  unintentionally 
emitted in other countries. Due to the potential for long-range environmental transport of this 

1 
2 
3 
4 

5 
6 

7 
8 

OJ L 209, 31.7.2006, p. 1. 
OJ L 158, 30.4.2004, p. 7. 
OJ L 81, 19.3.2004, p. 35. 
Commission Decision (2008/764/EC) of 30 September 2008 concerning the non-inclusion of dicofol in 
Annex  I  to  Council  Directive  91/414/EEC  and  the  withdrawal  of  authorisations  for  plant  protection 
products containing that substance (OJ L 262, 1.10.2008, p. 40). 
OJ L 230, 19.8.1991, p. 1. 
Commission Regulation (EC) No 1451/2007 of 4 December 2007 on the second phase of the 10-year 
work programme referenced in Article 16(2) of Directive 98/8/EC of the European Parliament and of 
the Council concerning the placing of biocidal products on the market (OJ L 325, 11.12.2007, p. 3). 
OJ L 123, 24.4.1998, p 1. 
Available at: 
http://www.unece.org/fileadmin/DAM/env/lrtap/TaskForce/popsxg/2008/Dicofol_RA%20dossier_prop
osal%20for%20submission%20to%20UNECE%20POP%20protocol.pdf. 

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chemical, 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  and  wider  international 
action is necessary. 

With  a  view  to  the  next  POP  RC  meeting  in  October  2013,  it  is  appropriate  that  the 
Commission submit on behalf of the Union a proposal for the listing of dicofol for inclusion 
in Annex A to the Secretariat of the Stockholm Convention. This constitutes a position to be 
the  purpose  of  Article  218(9)  TFEU.
adopted  on 

the  Union's  behalf 

for 

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2013/0073 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the submission, on behalf of the European Union, of a proposal for the listing of 
additional chemicals in Annex A to the Stockholm Convention on Persistent Organic 
Pollutants 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 191(1), in conjunction with Article 218(9) thereof,  

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

The  Union  ratified  the  Stockholm  Convention  on  Persistent  Organic  Pollutants  (the 
Convention) on 16 November 2004 by 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 Pollutants9. 

As  a  Party  to  the  Convention,  the  Union  may  make  proposals  for  amendment  of  the 
Annexes  to  the  Convention.  Annex  A  to  the  Convention  lists  persistent  organic 
pollutants (POPs) to be eliminated. 

According to available scientific information and review reports as well as taking due 
account  of  the  screening  criteria  laid  down  in  Annex  D  to  the  Convention,  dicofol 
exhibits characteristics of POPs.  

Dicofol was nominated by the EU as a potential POP under the Protocol to the 1979 
Convention  on  Long-Range  Transboundary  Air  Pollution.  Furthermore,  according  to 
the  preliminary  assessment  by  the  Persistent  Organic  Pollutants  Review  Committee, 
undertaken in the context of identification of alternatives to endosulfan, dicofol meets 
the criteria laid down in Annex D to the Convention. 

The  placing  on  the  market  and  use  of  dicofol  has  already  ceased  in  the  Union.  It 
cannot  be  excluded  that  the  substance  is  still  produced,  used  or  significantly 
unintentionally emitted in third countries. 

Due  to  the  potential  for  long-range  environmental  transport  of  dicofol,  the  measures 
taken  nationally  or  at  Union  level  are  not  sufficient  to  safeguard  the  high  level  of 
protection  of  the  environment  and  human  health  and  wider  international  action  is 
necessary. 

(7) 

The Union should therefore submit a proposal to the Secretariat of the Convention for 
the listing of dicofol in Annex A to the Convention, 

9 

OJ L 209, 31.7.2006, p. 1. 

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HAS ADOPTED THIS DECISION:  

Article 1 

1.  The  Union  shall  submit  a  proposal  for  the  listing  of  dicofol  (CAS  number:  115-32-2)  in 
Annex A to the Stockholm Convention on Persistent Organic Pollutants (the Convention): 

2. The Commission shall communicate the proposal on behalf of the Union to the Secretariat 
of the Convention with all the information required under Annex D to the Convention. 

This Decision shall enter into force on the day of its adoption.  

Done at Brussels,  

Article 2 

For the Council 
The President 

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