Proposal for a COUNCIL DECISION on the position to be adopted, on behalf of the European Union, at the Eighth Conference of the Parties to the Stockholm Convention on Persistent Organic Pollutants regarding the proposals for amendments of Annexes A and C
Date: 2017-03-17
Institutions: Directorate-General for Environment, European Commission
Subjects: chemical product, dangerous substance, environmental protection, international convention, organic pollution, pollution control measures, public health, revision of an agreement

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   EUROPEAN COMMISSION  Brussels, 17.3.2017  COM(2017) 132 final 2017/0058 (NLE)   Proposal for a COUNCIL DECISION on the position to be adopted, on behalf of the European Union, at the Eighth Conference of the Parties to the Stockholm Convention on Persistent Organic Pollutants regarding the proposals for amendments of Annexes A and C  
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

• 
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 Union law by Regulation (EC) No 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 eighth Conference of the Parties (COP8) in April/May 2017, three decisions should be 
taken  to  add  decabromodiphenyl  ether  (commercial  mixture,  c-decaBDE)  and  short-chain 
chlorinated  paraffins  to  Annex  A  (elimination)  and  hexachlorobutadiene  to  Annex  C 
(unintentional production). Hexachlorobutadiene is already listed in Annex A and should also 
be considered for listing in Annex C, based on the recommendation by the Persistent Organic 
Pollutants Review Committee (POPRC), since there are a number of unintentional releases. 

As regards the three substances, the production, placing on the market, use and unintentional 
emission  have  already  ceased  or  have  been  substantially  reduced  in  the  Union,  whereas  it 
cannot  be  excluded  that  they  are  still  produced,  placed  on  the  market,  used  and/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. 

THE POP RC RECOMMENDATIONS 

Decabromodiphenyl ether (commercial mixture, c-decaBDE) 

its  11th  meeting, 

At 
risk  management  evaluation  on 
decabromodiphenyl  ether  (commercial  mixture,  c-decaBDE).  The  risk  management 
evaluation concluded inter alia that: 

the  POPRC  adopted 

the 

– 

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C-decaBDE is an intentionally produced chemical consisting of the fully brominated 
decaBDE congener or BDE-209 (≥90-97%), with small amounts of nona- and octa-
bromodiphenyl  ether.  C-decaBDE  has  been  under  investigation  for  its  potential 
health  and  environmental  impacts  for  more  than  a  decade  and  has  been  subject  to 

http://www.pops.int/documents/convtext/convtext_en.pdf. 
One EU Member State has not yet ratified (Italy).  
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  Pollutants  (OJ  L  209, 
31.7.2006, p. 1). 
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/EEC (OJ L 158, 30.4.2004, p. 7). 

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– 

restrictions and voluntary risk management actions in some countries and regions, as 
well as by some companies. However, production of c-decaBDE is still ongoing in a 
few countries globally. 

Emissions of c-decaBDE to the environment occur at all its life cycle stages, but are 
assumed  to  be  highest  during  service  life  and  in  the  waste  phase.  Monitoring  data 
shows that c-decaBDE levels are generally highest near wastewater discharges and in 
areas  around  electronic  waste  and  recycling  plants.  The  average  service  life  for 
electric and electronic equipment is about 10 years hence c-decaBDE will continue 
to be released to the environment through articles in use for years to come. The most 
efficient  control  measure  to  reduce  the  releases  of  c-decaBDE  and  its  main 
constituent  BDE-209,  would  be  to  list  BDE-209  (c-decaBDE)  in  Annex  A  of  the 
Convention without specific exemptions. 

The POPRC at its 12th meeting  decided, in  accordance  with paragraph 9 of Article 8 of the 
Convention,  to  recommend  to  the  Conference  of  the  Parties  that  it  consider  listing 
decabromodiphenyl ether (BDE-209; decaBDE) of c-decaBDE in Annex A to the Convention 
with  specific  exemptions  for  some  critical  spare  parts,  to  be  further  defined,  for  the 
automotive and aerospace industries. 

For the automotive industry, the POPRC recommended the production and use of c-decaBDE 
limited  to  certain  spare  parts  for  use  in  legacy  vehicles.  Legacy  vehicles  are  defined  as 
vehicles that have ceased mass production, and the spare parts are defined by one or more of 
the following categories: 

(a) Powertrain and under-hood applications such as battery mass wire, battery interconnection 
wire,  mobile  air-conditioning  (MAC)  pipe,  powertrains,  exhaust  manifold  bushings,  under-
hood  insulation,  wiring  and  harness  under  hood  (engine  wiring,  etc.),  speed  sensors,  hoses, 
fan modules and knock sensors; 

(b) Fuel system applications such as fuel hoses, fuel tanks and fuel tanks under body; 

(c) Pyrotechnical devices and applications affected by pyrotechnical devices such as air bag 
ignition cables, seat covers/ fabrics (only if airbag relevant) and airbags (front and side). 

For  the  aerospace  industry,  a  phase-out  of  c-decaBDE  in  new  aircrafts  by  2018  is  widely 
supported, while conflicting information was provided by the aerospace and defence industry 
in Europe and in North America, as regards the timing of a phase-out of decaBDE in existing 
aircraft types and in spare parts for existing aircraft types. Some information indicates that it 
would be possible to phase-out c-decaBDE by 2018, whereas there was also a request for an 
exemption for the continued use of c-decaBDE in all spare parts for existing aircraft types for 
the remainder of their products lives. The POPRC concluded that the information provided on 
spare  parts  containing  c-decaBDE  used  in  existing  aircraft  types  did  not  allow  the  further 
defining of critical spare parts by the Committee. 

Short-chain chlorinated paraffins (SCCPs) 

At  its  twelfth  meeting,  the  POPRC  adopted  the  risk  management  evaluation  on  short-chain 
chlorinated paraffins (SCCPs). The risk management evaluation concluded inter alia that: 

– 

SCCPs  may  be  released  into  the  environment  at  all  life  cycle  stages:  during 
production,  storage,  transportation,  use,  and  disposal  of  SCCPs  and  products  that 
contain  SCCPs.  Although  data  are  limited,  major  sources  of  release  of  SCCPs  are 
likely  the  formulation  and  manufacturing  of  products  containing  SCCPs,  such  as 
PVC plastics, and use in metalworking fluids. 

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– 

Listing  SCCPs  to  the  Convention  in  Annex  A  or  B  to  eliminate  or  restrict  the 
production and  use  of SCCPs is  expected to result in  benefits  to  human health, the 
environment, agriculture and biota. The benefits of eliminating or restricting SCCPs 
are  considered  to  be  significant  given  the  costs  associated  with  the  significant 
adverse  effects  on  human  health  and  the  environment  that  are  likely  to  result  from 
the continued production and use of SCCPs. 

The POPRC at its 12th meeting  decided, in  accordance  with paragraph 9  of Article 8 of the 
Convention, to recommend to the Conference of the Parties that it consider listing short-chain 
chlorinated paraffins in Annex A to the Convention, including controls to limit the presence 
of  SCCPs  in  other  chlorinated  paraffin  mixtures,  with  or  without  specific  exemptions.  The 
POPRC  considered  that  the  EU  has  taken  measures  to  limit  the  content  of  SCCPs  in  other 
chlorinated paraffin mixtures, which demonstrates that controlling unintentional production is 
technically feasible. In the EU, only the use of substances or preparations containing SCCPs 
in  concentrations  lower  than  1%  by  weight  or  articles  containing  SCCPs  in  concentrations 
lower than 0.15% by weight is allowed. However, the POPRC did not specify particular limits 
in the decision adopted at its 12th meeting. 

Hexachlorobutadiene (HCBD) 

its  ninth  meeting, 

At 
hexachlorobutadiene (HCBD). The risk management evaluation concluded inter alia that: 

the  risk  management  evaluation  on 

the  POPRC  adopted 

– 

– 

HCBD  is  generated  as  an  unintentional  by-product  from  industrial  manufacturing 
processes  (particularly  the  production  of  other  chlorinated  hydrocarbons  and  the 
production  of  magnesium).  Measures  to  minimise  releases  during  production  are 
known and already applied in countries that are parties to the Stockholm Convention.  

HCBD  is  unintentionally  generated during  combustion  and  other  thermal  processes 
and  industrial  processes.  Measures  to  reduce  unintentional  releases  of  POPs  from 
such  processes  will  lead  to  a  further  reduction  of  HCBD  releases.  Monitoring  of 
HCBD may induce additional costs.  

HCBD is released to an unknown extent from former waste disposal sites. Control measures 
to  minimise  such  releases  are  available.  The  POPRC  at  its  9th  meeting  in  October  2013 
recommended  the  listing  of  HCBD  in  Annex  A  and  Annex  C  to  the  Convention  without 
exemption. 

In  accordance  with  Article  8  (9)  of  the  Convention,  the  POPRC  submitted  these 
recommendations  to  the  COP7  for  its  consideration  at  the  meeting  in  May  2015.  COP7 
decided  to  add  HCBD  to  Annex  A  to  the  Convention  and  requested  to  collect  further 
information related to the sources of unintentional release of HCBD so as to better inform the 
decision-making at COP8 on possible listing in Annex C. POPRC was requested to evaluate 
that information and concluded at its 12th meeting that although unintentional production and 
releases declined in recent decades, the existing and remaining sources are still important to 
the unintentional generation and release of HCBD. Application of BAT and BEP has strong 
beneficial  effects  to  further  control  and  reduce  emissions.  Costs  for  implementation  of 
measures to reduce releases of HCBD, enforcement and supervision are considered low as the 
control measures for other unintentional POPs are already applied. 

OTHER POSSIBLE ACTIONS BY THE CONFERENCE OF THE PARTIES 

Perfluorooctane sulfonic acid (PFOS) 

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Perfluorooctane sulfonic acid (PFOS), its salts and perfluorooctane sulfonyl fluoride (PFOS-
F) are listed in Annex B to the Convention with acceptable purposes for which production and 
use  is  still  allowed.  The  POPRC  endorsed,  at  its  twelfth  meeting,  consolidated  guidance  on 
alternatives to perfluorooctane sulfonic acid (PFOS) and its related chemicals. That guidance 
includes  recommendations  for  the  use  of  alternatives  for  those  uses  of  PFOS  that  are  still 
allowed as acceptable purposes under the Convention. 

The  guidance  concludes  that  fluorinated  or  non-fluorinated  alternatives  exist  for  nearly  all 
current uses of PFOS. While the alternatives may be initially slightly more expensive and less 
effective,  they  may  be  less  hazardous,  but  that  has  to  be  assessed  accordingly.  Since  the 
assessment is rather complex, the POPRC thought that there may be a need to use more often 
Article 9, subparagraph 1 (b), of the Convention which states that each Party shall facilitate or 
undertake the exchange of information relevant to alternatives to persistent organic pollutants, 
including information relating to their risks as well as to their economic and social cost. 

When evaluating alternatives it should be considered that chemicals with structures similar to 
those of the listed PFOS substances could cause concerns similar to those related to the latter 
substances.  Therefore,  POPRC  underlined  that  increasing  effort  will  be  needed  to  study  the 
toxicological  and  environmental  properties  of  alternatives  and  to  make  the  resulting 
information  public  and  trustworthy.  More  international  cooperation  and  private  sector 
transparency can save resources and speed up processes. 

The POPRC  concluded that  alternatives  are available for the acceptable purposes  for use  of 
PFOS  in  photo  imaging,  fire-fighting  foam,  certain  medical  devices  (such  as  ethylene 
tetrafluoroethylene  copolymer  (ETFE)  layers  and  radio-opaque  ETFE  production,  in  vitro 
diagnostic  medical  devices,  and  CCD  colour  filters)  and  metal  plating  (hard  metal  plating) 
only in closed-loop systems. 

For the following acceptable purposes for use of PFOS the POPRC did not conclude whether 
it  is  technically  feasible  to  use  alternatives  since  detailed  chemicals  information  about  the 
alternatives  was  missing:  aviation  hydraulic  fluids,  photo-resist  and  anti-reflective  coatings 
for semi-conductors, etching agent for compound semi-conductors and ceramic filters.  

As regards the use of PFOS in insect baits for the control of leaf cutting ants from Atta spp. 
and  Acromyrmex  spp.,  the  POPRC  concluded  that  it  seems  possible  to  use  alternatives  for 
some countries, but not yet for all. 

The  Secretariat  of  the  Convention  is  requested  by  decision  SC-7/5  to  prepare  a  document 
providing possible actions by the Conference of the Parties, should the Conference conclude 
that  there  is  no  continued  need  for  the  various  acceptable  purposes  for  perfluorooctane 
sulfonic  acid,  its  salts  and  perfluorooctane  sulfonyl  fluoride  listed  in  Annex  B,  for 
consideration by the Conference of the Parties at its eighth meeting. 

• 

Consistency with Union policies 

DECABDE AND UNION LAW 

Directive  2011/65/EU  (ROHS  Directive)  restricts  the  use  of  decabromodiphenyl  ether  in 
electrical  and  electronic  equipment5.  Manufacture,  placing  on  the  market  or  use  of 
decabromodiphenyl  ether  (decaBDE)  either  as  a  substance,  or  as  a  constituent  in  other 
substances, in mixtures and in articles is restricted pursuant to Commission Regulation (EU) 

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Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction 
of the use of certain hazardous substances in electrical and electronic equipment (OJ L 174, 1.7.2011, p. 
88). 

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2017/227 establishing a new entry 67 in Annex XVII to Regulation (EC) No 1907/2006 of the 
European  Parliament  and  of  the  Council  (REACH)6.  Pursuant  to  entry  67,  manufacture, 
placing  on  the  market  or  use  of  decabromodiphenyl  ether  shall  only  be  allowed  for  the 
production  of  aircrafts7  until  2  March  2027,  for  spare  parts  of  aircrafts  produced  before  the 
expiry of that period, and for the production of spare parts for motor vehicles, agricultural and 
forestry  vehicles  or  machinery8  produced  before  2  March  2019.  Additionally,  electrical  and 
electronic  equipment  under  the  scope  of  the  ROHS  Directive  and  articles  placed  on  the 
market before 2 March 2019 are also exempted. The restriction was published in the Official 
Journal on 10 February 20179. 

The  listing  of  decaBDE  in  Annex  A  to  the  Convention  with  the  scope  suggested  by  the 
POPRC would require an amendment of Annex A to the POPs Regulation and would have an 
effect  on  Union  law  since  certain  derogations  under  REACH  would  have  to  be  deleted. 
Although all sectors of industry had the possibility to participate in the review process under 
the Convention, it cannot be assumed that the absence of any comments from the agricultural 
and forestry vehicles and machinery industries are an indication that the derogations recently 
granted under REACH for these sectors are no longer needed. Therefore, the Commission will 
consult  the  relevant  stakeholders  involved  in  the  process  under  REACH  prior  to  COP8  to 
enable  them  to  provide  further  clarification.  If  the  need  for  the  exemptions  granted  under 
REACH  can  be  demonstrated,  the  Union  should  put  forward  to  COP8  a  request  for  such 
exemptions. 

SCCPS AND UNION LAW 

SCCPs are listed in the Protocol on POPs of the Convention on Long Range Transboundary 
Air  Pollution  and,  therefore,  Parties  are  requested  to  eliminate  its  production  and  use.  By 
virtue of Commission Regulation (EU) No 2015/203010, which amends Regulation (EC) No 
850/2004, production, placing on the market and use of SCCPs is prohibited in the Union. 

However, by way of derogation, the production, placing on the market and use of substances 
or  preparations  containing  SCCPs  in  concentrations  lower  than  1  %  by  weight  or  articles 
containing SCCPs in concentrations lower than 0,15 % by weight is still allowed. In addition, 
use  is  allowed  in  respect  of:  (a)  conveyor  belts  in  the  mining  industry  and  dam  sealants 
containing SCCPs already in use before or on 4 December 2015; and (b) articles containing 
SCCPs other than those referred to in (a) already in use before or on 10 July 2012. 

The listing of SCCPs in Annex A with the scope suggested by the POPRC is not expected to 
require changes of Union law since production, placing on the market and use of SCCPs are 

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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), 
establishing  a  European  Chemicals  Agency,  amending  Directive  1999/45/EC  and  repealing  Council 
Regulation  (EEC)  No  793/93  and  Commission  Regulation  (EC)  No  1488/94  as  well  as  Council 
Directive  76/769/EEC  and  Commission  Directives  91/155/EEC,  93/67/EEC,  93/105/EC  and 
2000/21/EC (OJ L 396, 30.12.2006, p. 1). 
The concept of 'aircraft' is defined for the purpose of the entry. 
Motor vehicles within the scope of Directive 2007/46/EC, agricultural and forestry vehicles within the 
scope  of  Regulation  (EU)  No  167/2013  of  the  European Parliament  and  of  the  Council or  machinery 
within the scope of Directive 2006/42/EC of the European Parliament and of the Council. 
Commission Regulation (EU) 2017/227 of 9 February 2017 amending Annex XVII to Regulation (EC) 
No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, 
Authorisation and Restriction of Chemicals (REACH) as regards bis(pentabromophenyl)ether (OJ L 35, 
10.2.2017, p. 6). 
Commission  Regulation  (EU)  2015/2030  of  13  November  2015  amending  Regulation  (EC)  No 
850/2004  of  the  European  Parliament  and  of  the  Council  on  persistent  organic  pollutants  as  regards 
Annex I (OJ L 298, 14.11.2015, p. 1). 

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already  prohibited  and  limit  values  for  the  presence  of  SCCPs  in  other  chlorinated  paraffin 
mixtures resulting from the manufacturing process are already set. 

HCBD AND UNION LAW 

HCBD  is  a  priority  hazardous  substance  under  the  Water  Framework  Directive  (Directive 
2000/60/EC)11.  Furthermore,  HCBD  is  listed  in  the  Protocol  on  POPs  of  the  UNECE 
Convention  on  Long-Range  Transboundary  Air  Pollution  (CLRTAP)  and,  therefore,  Parties 
are  requested  to  eliminate  its  production  and  use.  Commission  Regulation  (EU)  No 
519/201212 implements the ban in Union law. However, wastes and contaminated land issues 
remain, as well as consideration of measures to prevent re-introduction. 

Whilst  the  production  of  HCBD  is  prohibited  in  the  Union,  it  still  may  be  produced 
unintentionally in  some  industrial activities. Such activities, when  meeting  the thresholds in 
the Directive on industrial emissions (Directive 2010/75/EU13), are required to apply the best 
available  techniques  (BAT)  to  prevent  and  reduce  emissions  and  the  impact  on  the 
environment as a whole.  In order to operate, an industrial installation must obtain a permit 
from a Member State competent authority. These permits must contain emission limit values 
for  the  polluting  substances  listed  in  Annex  II  of  Directive  2010/75/EU,  as  well  as  other 
substances, likely to be emitted in significant quantities having regard to their nature and their 
potential for cross-media pollutant transfer.  

The listing of HCBD in Annex C with the scope suggested by the POPRC is not expected to 
require changes of Union law since the prevention and reduction of unintentional releases of 
HCBD is already addressed by Directive 2010/75/EU. 

PFOS AND UNION LAW 

The production, placing on the market and use of PFOS is prohibited pursuant to Regulation 
(EC)  No  850/2004,  but  certain  derogations  are  granted  in  line  with  acceptable  purposes 
specified  in  Annex  B  to  the  Convention,  which  are  registered  under  the  Convention. 
Depending  on the outcome of  the review of the continued need  for the acceptable purposes 
that  will  be  carried  out  by  COP8,  which  will  also  consider  the  continued  need  for  the 
acceptable  purposes  in  the  Union,  it  may  be  necessary  to  revise  the  Union  law  by  deleting 
those derogations that may no longer be available since they are no longer needed by Parties, 
including the Union. 

The continued need for the derogations in the Union has been continuously analysed by the 
Commission in cooperation with the Member States in recent years in order to identify those 
that  are  no  longer  needed,  as  requested  by  the  Convention.  The  most  recent  study  (not  yet 
published)  concludes  that  three  acceptable  purposes  are  still  needed  in  the  Union  since 
industry  did  not  yet  phase-out  those  uses:  photo-resist and  anti-reflective  coatings  for  semi-
conductors,  etching  agent  for  compound  semi-conductors  and  ceramic  filters,  metal  plating 
(hard metal plating) only in closed-loop systems. Exemptions for those uses should continue 
to be available in the coming years. 

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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 327, 22.12.2000, p.1.) 
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, 20.06.2012, p.1). 
Directive  2010/75/EU  of  the  European  Parliament  and  of  the  Council  of  24  November  2010  on 
industrial emissions (integrated pollution prevention and control) (OJ L 334, 17.12.2010, p. 17). 

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The  acceptable  purposes  for  use  of  PFOS  in  photo  imaging  and  aviation  hydraulic  fluids, 
which are currently registered by the EU under the Convention, are no longer required since 
alternatives are used by industry. 

The  acceptable  purposes  for  use  of  PFOS  in  insect  baits  for  the  control  of  leaf  cutting  ants 
from Atta spp. and Acromyrmex spp., fire-fighting foam and certain medical devices (such as 
ethylene tetrafluoroethylene copolymer (ETFE) layers and radio-opaque ETFE production, in 
vitro diagnostic medical devices, and CCD colour filters), which are not registered by the EU 
under the Convention, should be deleted since viable alternatives exist. 

PROCEDURE FOR ADDING NEW POP SUBSTANCES AND AMENDING THE ANNEXES OF 
THE CONVENTION 

According to Article 8 of the Convention, any Party may submit a proposal to the Secretariat 
for  listing  a  chemical  in  Annexes  A,  B  and/or  C.  The  Persistent  Organic  Pollutants  Review 
Committee (POPRC) 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 and of the availability of alternatives shall 
be  drawn  up.  On  this  basis,  the  POPRC  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 Union, 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 AND UNION LAW 

The  POPRC  recommendation,  if  followed  by  the  COP  in  April/May  2017,  will  result  in 
international  bans  on  manufacturing,  placing  on  the  market,  import/export  and  use  of  c-
decaBDE  and  SCCPs,  excluding  c-decaBDE  production  and  use  for  spare  parts  for  motor 
vehicles  and  possibly  aircrafts.  The  COP  may  be  required  to  consider  the  need  for  other 
specific exemptions since Parties may put forward requests at the COP. 

The  listing  of  c-decaBDE  in  Annex  A  to  the  Convention  with  the  scope  suggested  by  the 
POPRC will require an amendment to Annex I of the POPs Regulation and may have effects 
on current Union laws. 

The listing of SCCPs in Annex A and of HCBD in Annex C to the Convention with the scope 
suggested by the POPRC is not expected to require changes of existing entries in the Annexes 
of the POPs  Regulation but  will require the transfer of those chemicals into the appropriate 
Annex 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  committee 

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procedures established in Articles 5a of Decision 1999/468/EC14, having regard to Articles 10 
and 11 of Regulation (EU) No 182/201115. 

The European Union POSITION 

In  view  of  the  above,  at  the  eighth  COP  to  the  Stockholm  Convention,  the  Union  should 
support adding:  

 

 

 

decaBDE  to  Annex  A,  with  specific  exemptions  for  spare  parts  for  the  automotive 
and the aerospace industry, and specific exemptions for aircrafts and for spare parts 
for  agricultural  and  forestry  vehicles  and  certain  machinery  coherent  with  Union 
legislation.  In  conformity  with  the  POPRC  recommendations,  the  listing  without 
'specific  exemptions'  for  aircrafts  and  for  spare  parts  for  agricultural  and  forestry 
vehicles  and  certain  machinery  may  be  supported,  if  the  relevant  stakeholders 
involved in the process under REACH cannot demonstrate prior to COP8 that those 
exemptions are still necessary; 

SCCPs  to  Annex  A,  with  use  conditions  and  exemptions  coherent  with  Union 
legislation; 

HCBD to Annex C, as already supported at COP7, coherent with Union legislation. 

Furthermore, the Union should support the deletion of the acceptable purposes for PFOS and 
its  derivatives  that  are  no  longer  needed  by  Parties,  except  those  for  photo-resist  and  anti-
reflective coatings for semi-conductors, as etching agent for compound semi-conductors and 
ceramic filters and in metal plating (hard metal plating) only in closed-loop systems. 

2. 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

The procedural legal basis for the proposed Council Decision is Article 218(9) TFEU, which 
is the appropriate basis for an act defining the European Union position in a "body set up by 
an  international  agreement"  (such  as  the  Conference  of  the  Parties  to  the  Stockholm 
Convention), when that body is called upon to adopt acts having legal effects. 

The substantive legal basis is Article 192 of the TFEU, paragraph 1, given that the measures 
agreed  under  the  Stockholm  Convention  predominantly  pursue  an  environmental  objective 
(i.e. the elimination of persistent organic pollutants). 

3. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Stakeholder consultations 

As  SCCPs  are  already  listed  in  the  POPs  Regulation  (EC)  No  850/2004  no  further 
consultation within the Union is considered warranted. As HCBD is already listed in Annex A 
to  the  Stockholm  Convention  and  in  the  POPs  Regulation  (EC)  No  850/2004  no  further 
consultation within the Union is considered warranted.  

As the placing on the market and use of c-decaBDE is restricted in the Union pursuant to the 
entry  67  in  Annex  XVII  to  Regulation  (EC)  No  1907/2006  (REACH)  and  there  are 

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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). 

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discrepancies with the POPRC recommendations, further consultation is deemed necessary to 
obtain information in order to clarify whether the derogations recently granted under REACH 
for  aircrafts  and  for  spare  parts  for  agricultural  and  forestry  vehicles  and  certain  machinery 
are no longer needed.  

The continued need for the acceptable purposes for PFOS by the Union has been continuously 
analysed  in  recent  years  by  the  Commission  in  cooperation  with  the  Member  States  and  in 
consultation  with  stakeholders,  inter  alia  through  studies  analysing  the  continued  need  for 
acceptable purposes by the Union and discussions at competent authority meetings in which 
stakeholders participate. Member States and stakeholders agreed to the analysis including the 
conclusions, which is also reflected in the position of the Union at previous COPs. 

All  substances  have  been  subjected  to  open  consultations  with  stakeholders  world-wide 
during the POPRC assessment and stakeholders have also been admitted to the deliberations 
of POPRC. 

• 

Impact assessment 

Before the POPRC makes its recommendations for a chemical in accordance with Article 8(9) 
of the Stockholm Convention, the POPRC prepares both a risk profile and a risk management 
evaluation for each chemical. 

Persistent  Organic  Pollutants  (POPs)  pose  a  risk  to  human  health  and  the  environment  and, 
due to their potential for long range transport, require global action to reduce or eliminate any 
releases of POPs. In the light of this objective and the requirements of Article 8(7)(a) of the 
Stockholm  Convention,  the  POPRC  undertakes  a  risk  management  evaluation  regarding 
possible control measures for chemicals under consideration for inclusion in the Convention, 
encompassing  the  full  range  of  options  for  that  chemical,  including  management  and 
elimination.  For  the  purpose  of  preparing  this  evaluation,  both  Parties  and  observers  to  the 
Convention are invited  to provide the POPRC with  relevant  information  on socio-economic 
considerations associated with possible control measures for that chemical. 

In accordance with Annex F to the Stockholm Convention, the information provided should 
reflect due regard for the differing capabilities and conditions among the Parties and should 
include consideration of the following indicative list of items: 

(a) Efficacy and efficiency of possible control measures in meeting risk reduction goals; 

(b) Alternatives (products and processes); 

(c) Positive and/or negative impacts on society of implementing possible control measures; 

(d) Waste and disposal implications (in particular, obsolete stocks of pesticides and clean-up 
of contaminated sites); 

(e) Access to information and public education; 

(f) Status of control and monitoring capacity; and 

(g) Any national or regional control actions taken, including information on alternatives, and 
other relevant risk management information. 

On  the  basis  of  the  risk  profiles  and  risk  management  evaluations  prepared  for  the  three 
chemicals  that  are  proposed  to  be  listed  in  the  Annexes  to  the  Stockholm  Convention  at 
COP8,  the  POPRC  recommended,  at  its  12th  meeting,  the  measures  (explained  above)  that 
should be taken for each chemical in order to achieve the objectives of the Convention whilst 
taking into account the socio-economic effects of those measures. 

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4. 

BUDGETARY IMPLICATIONS 

As  a  Party,  the  Union  has  to  provide  an  annual  contribution  to  the  Stockholm  Convention 
Trust Fund. This contribution will evolve depending on the conclusions of the discussions at 
the eighth meeting of the Conference of the Parties on the budget for the period 2018-2019. 
The annual contribution by the Union for 2016 amounted  to about 113000 EUR which was 
covered within existing envelopes. 

5. 

• 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

The  Stockholm  Convention  requires  Parties  to  establish  an  Implementation  Plan  and  to 
regularly revise that plan by addressing newly listed chemicals. The Convention also includes 
requirements  on  monitoring,  effectiveness  evaluation  and  reporting.  All  those  elements  are 
reflected in Regulation (EC) No 850/2004 implementing the Convention. 

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2017/0058 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be adopted, on behalf of the European Union, at the Eighth 
Conference of the Parties to the Stockholm Convention on Persistent Organic Pollutants 
regarding the proposals for amendments of Annexes A and C 

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) 

On 14 October 2004, the Stockholm Convention on Persistent Organic Pollutants ("the 
Convention")  was  approved,  on  behalf  of  the  European  Community,  by  Council 
Decision 2006/507/EC16. 

The Union has implemented the obligations of the Convention in Union law by way of 
Regulation (EC) No 850/2004 of the European Parliament and the Council17. 

The Union places strong emphasis on the need for the gradual expansion of Annexes 
A,  B  and/or  C  to  the  Convention  with  new  substances  which  fulfil  the  criteria  for 
persistent  organic  pollutants  (POPs),  taking  into  account  the  precautionary  principle, 
with  a  view  to  meeting  the  objective  of  the  Convention  and  the  commitment  of 
governments  made  at  the  World  Summit  on  Sustainable  Development  held  in 
Johannesburg 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/or 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  to  the  Convention  ("the  Parties")  that  have  opted 
out.  

Following  a  nomination  of  commercial  decabromodiphenyl  ether  (c-decaBDE) 
received from Norway in 2013, the Persistent Organic Pollutants Review Committee 
("POPRC") established under the Convention has concluded its work on c-decaBDE. 
POPRC has found that c-decaBDE meets the criteria of the Convention for a listing in 
Annex A. At its eighth meeting, the COP is expected to decide on the inclusion of c-
decaBDE in Annex A to the Convention. 

(6)  Manufacture, placing on the market or use of decabromodiphenyl ether as a substance, 
as a constituent in other substances, in mixtures and in articles is restricted pursuant to 

16 

17 

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  Pollutants  (OJ  L  209, 
31.7.2006, p. 1). 
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/EEC (OJ L 158, 30.4.2004, p. 7). 

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(7) 

(8) 

(9) 

Commission  Regulation  (EU)  2017/22718  establishing  entry  67  of  Annex  XVII  to 
Regulation  (EC)  No  1907/2006  of  the  European  Parliament  and  of  the  Council 
(REACH)19.  Pursuant  to  entry  67,  manufacture,  placing  on  the  market  or  use  of 
decabromodiphenyl ether shall only be allowed for a limited time for new aircrafts and 
for  spare  parts  for  aircraft,  motor  vehicles,  agricultural  and  forestry  vehicles  and 
certain machinery. 

Following  a  nomination  of  short-chain  chlorinated  paraffins  (SCCPs)  received  from 
the Union in 2006, POPRC has found that short-chain chlorinated paraffins (SCCPs) 
meet the criteria of the Convention for a listing in Annex A. At its eighth meeting, the 
COP is expected to decide on the inclusion of SCCPs in Annex A to the Convention. 

The  production,  placing  on  the  market  and  use  of  SCCPs  is  prohibited  with  certain 
exemptions for products already in use in the Union pursuant to Regulation (EC) No 
850/2004,  as  amended  by  Commission  Regulation  (EU)  No  2015/203020.  That 
Regulation also specifies limit values for the presence of SCCPs in other chlorinated 
paraffin mixtures resulting from the manufacturing process. Since SCCPs are capable 
of long-range environmental transport, a global phase-out of the use of this substance 
would be more beneficial to the Union  citizen than  the prohibition under Regulation 
(EC) No 850/2004 in the Union. 

Following a nomination of hexachlorobutadiene (HCBD) received from the Union in 
2011, POPRC has found that HCBD meets the criteria of the Convention for a listing 
in Annexes A and C. At its seventh meeting, the COP decided to list HCBD in Annex 
A. However, the COP adopted decision SC-7/11, by which the POPRC was requested 
to further evaluate HCBD on the basis of newly available information in relation to its 
listing  in  Annex  C  and  to  make  a  recommendation  to  the  COP  on  listing  HCBD  in 
Annex C for further consideration at its eighth meeting. 

(10)  The  production,  placing  on  the  market  and  use  of  HCBD  is  prohibited  in  the  Union 
pursuant  to  Regulation  (EC)  No  850/2004,  as  amended  by  Commission  Regulation 
(EU)  No  519/201221,  but  it  may  be  produced  unintentionally  in  some  industrial 
activities.  Such  activities  are  covered  under  Directive  2010/75/EU  of  the  European 
Parliament  and  of  the  Council22  and  require  the  application  of  certain  emission 
management measures. Since HCBD is capable of long-range environmental transport, 
global action on unintentional releases of this substance would be more beneficial to 
the Union citizen than the measures under Regulation (EC) No 850/2004 in the Union. 

18 

19 

20 

21 

22 

Commission Regulation (EU) 2017/227 of 9 February 2017 amending Annex XVII to Regulation (EC) 
No 1907/2006 of the European Parliament and of the Council concerning the Registration, Evaluation, 
Authorisation and Restriction of Chemicals (REACH) as regards bis(pentabromophenyl)ether (OJ L 35, 
10.2.2017, p. 6). 
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), 
establishing  a  European  Chemicals  Agency,  amending  Directive  1999/45/EC  and  repealing  Council 
Regulation  (EEC)  No  793/93  and  Commission  Regulation  (EC)  No  1488/94  as  well  as  Council 
Directive  76/769/EEC  and  Commission  Directives  91/155/EEC,  93/67/EEC,  93/105/EC  and 
2000/21/EC (OJ L 396, 30.12.2006, p. 1). 
Commission  Regulation  (EU)  2015/2030  of  13  November  2015  amending  Regulation  (EC)  No 
850/2004  of  the  European  Parliament  and  of  the  Council  on  persistent  organic  pollutants  as  regards 
Annex I (OJ L 298, 14.11.2015, p. 1). 
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, 20.06.2012, p.1). 
Directive  2010/75/EU  of  the  European  Parliament  and  of  the  Council  of  24  November  2010  on 
industrial emissions (integrated pollution prevention and control) (OJ L 334, 17.12.2010, p. 17). 

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(11)  Perfluorooctane sulfonic acid (PFOS) and its derivatives are listed in Annex B to the 
Convention  with  a  number  of  acceptable  purposes.  The  COP  will  be  requested  to 
review the continued need of those acceptable purposes. Regulation (EC) No 850/2004 
prohibits the production, placing on the market and use of PFOS but exempts certain 
uses  that  are  still  needed  in  the  Union.  Consequently,  the  Union  should  support  the 
deletion of the  ‘acceptable purposes’  for PFOS and its derivatives that are no longer 
needed by Parties, except those for photo-resist and anti-reflective coatings for semi-
conductors, as etching agent for compound semi-conductors and ceramic filters and in 
metal plating (hard metal plating) only in closed-loop systems. 

HAS ADOPTED THIS DECISION:  

1.  The  position  to  be  taken  by  the  Union  at  the  eighth  Conference  of  the  Parties  to  the 
Stockholm Convention shall be, in line with the recommendations of the Persistent  Organic 
Pollutants Review Committee23, to support: 

Article 1 

– 

– 

– 

– 

the  listing  of  decabromodiphenyl  ether  (BDE-209)  present  in  commercial 
decabromodiphenyl  ether  in  Annex  A  to  the  Convention.  The  Union  shall 
support  the  listing  with  'specific  exemptions'  for  the  production  and  use  of 
decaBDE  in  spare  parts  for  the  automotive  and  the  aerospace  industry,  in 
aircrafts  and  in  spare  parts  for  agricultural  and  forestry  vehicles  and  certain 
machinery.  In  conformity  with  the POPRC  recommendations,  the  Union  may 
support the listing without 'specific exemptions' for aircrafts and for spare parts 
for agricultural and forestry vehicles and certain machinery if no other Parties 
or directly implicated stakeholders can demonstrate their need; 

the  listing  of  short-chain  chlorinated  paraffins  (SCCPs)  in  Annex  A  to  the 
Convention; 

the listing of hexachlorobutadiene (HCBD) in Annex C to the Convention; 

the  deletion  of  the  following  acceptable  purposes  from  the  entry  on 
perfluorooctane  sulfonic  acid  (PFOS)  and  its  derivatives  in  Annex  B  to  the 
Convention: photo imaging, aviation hydraulic fluids, certain medical devices 
(such  as  ethylene  tetrafluoroethylene  copolymer  (ETFE)  layers  and  radio-
opaque ETFE production, in vitro diagnostic medical devices, and CCD colour 
filters), fire-fighting foam, insect baits for control of leaf-cutting ants from Atta 
spp. and Acromyrmex spp.. 

2.  Minor  changes  to  this  position  may  be  agreed  to  by  the  representatives  of  the  Union,  in 
light  of  the  developments  at  the  eighth  meeting  of  the  Conference  of  the  Parties  to  the 
Stockholm Convention, without further decision of the Council.  

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

Article 2 

23 

Decisions POPRC-12/3, POPRC-12/4, POPRC-12/5 

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Done at Brussels, 

For the Council 
The President 

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