Proposal for a COUNCIL DECISION on the submission, on behalf of the European Union, of a proposal for the listing of methoxychlor in Annex A to the Stockholm Convention on Persistent Organic Pollutants
Date: 2019-02-15
Institutions: Directorate-General for Environment, European Commission
Subjects: chemical product, chlorine, environmental protection, international convention, organic pollution, pollution control measures, public health, revision of an agreement, toxic substance

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   EUROPEAN COMMISSION  Brussels, 15.2.2019  COM(2019) 82 final 2019/0039 (NLE)  Proposal for a COUNCIL DECISION on the submission, on behalf of the European Union, of a proposal for the listing of methoxychlor in Annex A to the Stockholm Convention on Persistent Organic Pollutants  
 
 
EXPLANATORY MEMORANDUM 

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CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

The  Stockholm  Convention  on  Persistent  Organic  Pollutants  (the  Convention),  which  was 
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 POPs, their safe handling 
and disposal and elimination or reduction of releases of certain unintentional POPs. 

Regulation (EC) No 850/2004 of the European Parliament and of the Council2 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 and/or C to the Convention which will then 
be  reviewed  by  the  Persistent  Organic  Pollutants  Review  Committee  (POPRC)  following 
Article 8(3) and (4). The proposal shall contain the information specified in Annex D. Based 
on the recommendation of the POPRC, the Conference of the Parties decides whether to list a 
substance  in  Annex  A  (elimination),  Annex  B  (restriction)  and/or  Annex  C  (unintentional 
production).  The  procedure  for  the  adoption  of  amendments  to  Annexes  is  governed  by 
Article 22 of the Convention. 

Methoxychlor is prohibited to be used as active substance in plant protection products and in 
biocidal  products  in  the  European  Union  pursuant  to  Regulation  (EC)  No  1107/2009  of  the 
European Parliament and of the Council4 and Regulation (EU) No 528/2012 of the European 
Parliament  and  of  the  Council5,  respectively.  In  addition,  methoxychlor  is  not  registered  in 
accordance  with  Regulation  (EC)  No  1907/2006  of  the  European  Parliament  and  of  the 
Council6 and consequently, it is not allowed to be manufactured or placed on the market in the 
Union in quantities of one tonne or more per year per manufacturer or importer. 

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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  of  the  Council  of  29  April  2004  on 
persistent organic pollutants and amending Directive 79/117/EEC (OJ L 158, 30.4.2004, p. 7). 
Council  Decision  (2004/259/EC)  of  19  February  2004  concerning  the  conclusion,  on  behalf  of  the 
European  Community,  of  the  Protocol  to  the  1979  Convention  on  Long  Range  Transboundary  Air 
Pollution on Persistent Organic Pollutants (OJ L 81, 19.3.2004, p. 35). 
Regulation  (EC)  No  1107/2009  of  the  European  Parliament  and  of  the  Council  of  21  October  2009 
concerning  the  placing  of  plant  protection  products  on  the  market  and  repealing  Council  Directives 
79/117/EEC and 91/414/EEC (OJ L 309, 24.11.2009, p. 1). 
Regulation  (EU)  No  528/2012  of  the  European  Parliament  and  of  the  Council  of  22  May  2012 
concerning the making available on the market and use of biocidal products (OJ L 167, 27.6.2012, p. 1). 
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). 

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According  to  the  available  information  and  data  on  intrinsic  properties  of  methoxychlor, 
which were assessed against the Annex D criteria of the Convention, it can be concluded that 
methoxychlor  is  persistent,  bio-accumulative  and  toxic.  In  addition,  methoxychlor  is  also 
subject to long range environmental transport and has been found in remote areas such as the 
Arctic. Given that information regarding the PBT and LRT properties of methoxychlor, it is 
proposed  that  methoxychlor  meets  the  criteria  of  Annex  D  to  the  Convention  and  therefore 
should  be  considered  as  a  POP.  The  details  of  the  assessment  are  available  in  the  scientific 
dossier  that  will  accompany  the  proposal  for  listing  methoxychlor  in  Annex  A  to  the 
Stockholm Convention. 

Although methoxychlor was prohibited to be used as an active substance in plant protection 
products  and  biocidal  products  in  the  Union  some  years  ago  and  there  are  no  other  known 
uses,  it  cannot  be  excluded  that  methoxychlor  is  still  produced,  used  or  emitted  in  other 
countries.  Due  to  the  potential  for  long-range  environmental  transport  of  this  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  POPRC  meeting  in  September  2019,  it  is  appropriate  that  the 
Commission  submit  on  behalf  of  the  Union  a  proposal  for  the  listing  of  methoxychlor  in 
Annex A to the Secretariat of the Stockholm Convention. That proposal will be reviewed in 
accordance  with  the  criteria  and  procedures  under  the  Convention  before  a  decision  on  the 
listing will be taken by the Conference of the Parties. 

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Consistency with existing policy provisions in the policy area 

The proposal  is  coherent  with  and complements  the implementation  of Regulation (EC) No 
850/2004, which implements the Stockholm Convention in the Union. It is fully in line with 
the objective to protect human health and the environment from persistent organic pollutants. 

• 

Consistency with other Union policies 

The  proposal  is  coherent  with  Regulation  (EC)  No  1107/2009  and  Regulation  (EU)  No 
528/2012  since  both  provide  for  criteria  not  allowing  the  placing  on  the  market  and  use  of 
substances  that  are  PBT  and  of  substances  that  are  classified  as  POP.  A  Common 
Understanding  Paper7  examines  the  relationship  between  the  Stockholm  Convention, 
Regulation  (EC)  850/2004  and  Regulation  (EC)  No  1907/2006,  with  regards  to  restrictions 
and authorisation requirements, to ensure coherency. 

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LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The procedural legal basis for the proposed Council Decision is Article 218(9) TFEU, which 
is the appropriate basis for an act defining the position of the European Union in relation to an 
international agreement, in this case the Stockholm Convention. 

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). 

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http://ec.europa.eu/growth/sectors/chemicals/reach/special-cases_en  

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Subsidiarity (for non-exclusive competence)  

Persistent  organic  pollutants  are  of  global  concern  and  the  Stockholm  Convention  is 
implemented in the Union by Regulation (EC) No 850/2004. Since the Union is a Party to the 
Convention, it is appropriate that the nomination of a new chemical is done by the Union. 

• 

Proportionality 

Persistent  organic  pollutants  are  of  global  concern  and  the  Stockholm  Convention  aims  at 
eliminating  the  production  and  use  of  those  chemicals.  Therefore,  it  is  proportionate  to 
propose that chemical  to the Convention to  ensure that appropriate action is  taken at  global 
level. 

3. 

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RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Stakeholder consultations 

The  proposal  was  discussed  with  the  Member  States  an/d  other  stakeholders  in  several 
meetings  of  the  Competent  Authorities  for  Regulation  (EC)  850/2004  and  in  addition  in  a 
meeting  and  in  a  written  procedure  of  the  PBT  expert  group  of  the  European  Chemicals 
Agency and the comments received were addressed. 

• 

Impact assessment 

An impact assessment was not carried out. The nomination of the chemical to the Convention 
will not have any impact because it does not appear to be used in the EU. In the event that the 
POPRC  concludes  that  the  chemical  is  a  persistent  organic  pollutant,  an  assessment  of  the 
impact  of  potential  management  measures  will  be  done  by  the  POPRC  taking  into  account 
socio-economic information. 

• 

Regulatory fitness and simplification 

The proposal has no impact on commercial activity since the chemical is not in commercial 
use  in  the  Union  and,  therefore,  does  not  exempt  micro-enterprises  and  does  not  include 
special  rules  for  SMEs.  The  proposal  does  not  have  any  impact  on  sectorial  EU 
competitiveness or on trade since it is not traded between the Union and third countries. 

4. 

BUDGETARY IMPLICATIONS 

The proposal has no budgetary implications. 

5. 

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OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

An implementation plan, monitoring, evaluation and reporting are not deemed necessary. 

• 

Detailed explanation of the specific provisions of the proposal 

The proposal gives the Commission the mandate to nominate methoxychlor to the Stockholm 
Convention on behalf of the European Union. 

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2019/0039 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the submission, on behalf of the European Union, of a proposal for the listing of 
methoxychlor 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 192(1), in conjunction with Article 218(9) thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

(2) 

(3) 

On 14 October 2004, the Stockholm Convention on Persistent Organic Pollutants  was 
concluded by the European Community by Council Decision 2006/507/EC8. 

As a Party to the Convention, the Union may submit proposals for amendment of the 
Annexes  to  the  Convention.  Annex  A  to  the  Convention  lists  persistent  organic 
pollutants to be eliminated, Annex B lists persistent organic pollutants to be restricted 
and  Annex  C  lists  persistent  organic  pollutants  the  releases  of  which  from 
unintentional production are to be reduced or eliminated.  

According  to  available  scientific  information  and  review  reports,  and  taking  due 
account of the screening criteria set out in Annex D to the Convention, methoxychlor 
exhibits characteristics of a persistent organic pollutant.  

(4)  Methoxychlor  is  not  approved  as  active  substance  pursuant  to  Regulation  (EC)  No 
1107/2009  of  the  European  Parliament  and  of  the  Council9  and  is  therefore  not 
allowed to be placed on the market or used in the Union in plant protection products. 
Methoxychlor  is  also  not  approved  as  active  substance  pursuant  to  Regulation  (EU) 
No  528/2012  of  the  European  Parliament  and  of  the  Council10  and  is  therefore  not 
allowed  to  be  placed  on  the  market  or  used  in  the  Union  in  biocidal  products.  In 
addition,  methoxychlor  is  not  registered  in  accordance  with  Regulation  (EC)  No 
1907/2006 of the European Parliament and of the Council11 and, consequently, it is not 

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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  1107/2009  of  the  European  Parliament  and  of  the  Council  of  21  October  2009 
concerning  the  placing  of  plant  protection  products  on  the  market  and  repealing  Council  Directives 
79/117/EEC and 91/414/EEC (OJ L 309, 24.11.2009, p. 1). 
Regulation  (EU)  No  528/2012  of  the  European  Parliament  and  of  the  Council  of  22  May  2012 
concerning the making available on the market and use of biocidal products (OJ L 167, 27.6.2012, p. 1). 
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). 

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allowed to be manufactured or placed on the market in the Union in quantities of one 
tonne or more per year per manufacturer or importer. 

(5) 

Although methoxychlor has been phased-out in the Union many years ago, it may still 
be used as a pesticide and dispersed in the environment ouside the Union, which may 
be the reason why it is detected in the environment. Due to the potential for long-range 
environmental  transport  of  methoxychlor,  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. 

(6) 

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

HAS ADOPTED THIS DECISION:  

Article 1 

The Union shall submit a proposal for the listing of methoxychlor (CAS No: 72-43-5, EC No 
200-779-9) in  Annex A to  the Stockholm  Convention on Persistent  Organic Pollutants  (‘the 
Convention’). 

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 is addressed to the Commission. 

Done at Brussels, 

Article 2 

For the Council 
The President 

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