Proposal for a COUNCIL DECISION on the submission, on behalf of the European Union, of a proposal for the listing of chlorpyrifos in Annex A to the Stockholm Convention on Persistent Organic Pollutants
Date: 2021-02-09
Institutions: Directorate-General for Environment, European Commission
Subjects: chemical product, chlorine, environmental protection, international convention, organic pollution, pesticide, pollution control measures, public health, revision of an agreement, toxic substance

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   EUROPEAN COMMISSION  Brussels, 9.2.2021  COM(2021) 47 final 2021/0026 (NLE)  Proposal for a COUNCIL DECISION on the submission, on behalf of the European Union, of a proposal for the listing of chlorpyrifos in Annex A to the Stockholm Convention on Persistent Organic Pollutants  
 
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

The  Stockholm  Convention  on  Persistent  Organic  Pollutants  (the  Convention)  entered  into 
force on 17 May 2004. It was approved by Council Decision of 14 October 2004 concerning 
the  conclusion,  on  behalf  of  the  European  Community,  of  the  Stockholm  Convention  on 
Persistent  Organic  Pollutants  (2006/507/EC1)  and  entered  into  force  for  the  European 
Community on 14 February 2005. 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  (EU)  2019/1021  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. 

Chlorpyrifos 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, chlorpyrifos is not registered for any 
other use 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 

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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  (EU)  2019/1021  of  the  European  Parliament  and  of  the  Council  of  20  June  2019  on 
persistent organic pollutants (OJ L 169, 25.6.2019, p. 45). 
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 

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market  in  the  Union  for  such  other  use  in  quantities  of  one  tonne  or  more  per  year  per 
manufacturer or importer. 

According to the available information and data on intrinsic properties of chlorpyrifos, which 
were  assessed  against  the  Annex  D  criteria  of  the  Convention,  it  can  be  concluded  that 
chlorpyrifos is persistent, bio-accumulative and toxic (PBT). In addition, chlorpyrifos is also 
subject to long-range environmental transport (LRT) and has been found in remote areas such 
as the Arctic. Given that information regarding the PBT and LRT properties of chlorpyrifos, it 
is suggested that chlorpyrifos 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 chlorpyrifos in Annex A to the Stockholm 
Convention. 

Since  chlorpyrifos  was  only  recently  prohibited  to  be  used  as  an  active  substance  in  plant 
protection products in the Union, it cannot be excluded that chlorpyrifos is still produced for 
export.  Moreover,  it  appears  that  chlorpyrifos  is  still  produced,  used  and  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  2021,  it  is  appropriate  that  the 
Commission  submits  on  behalf  of  the  Union  a  proposal  for  the  listing  of  chlorpyrifos  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  (EU) 
2019/1021, 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  the  general  approach  of  Regulation  (EC)  No  1107/2009  and 
Regulation  (EU)  No  528/2012  vis-à-vis  PBT  substances  since  both  provide  for  criteria  not 
allowing,  in  principle,  the  placing  on  the  market  and  use  of  substances  that  are  PBT.  A 
Common  Understanding  Paper7  examines 
the  Stockholm 
Convention, Regulation (EU) 2019/1021 and Regulation (EC) No 1907/2006, with regards to 
restrictions and authorisation requirements, to ensure coherency. 

the  relationship  between 

2. 

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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. 

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

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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). 

• 

Subsidiarity (for non-exclusive competence)  

Persistent  organic  pollutants  are  of  global  concern  and  the  Stockholm  Convention  is 
implemented in the Union by Regulation (EU) 2019/1021. 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. 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Stakeholder consultations 

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The  proposal  was  discussed  with  the  Member  States  and  other  stakeholders  in  the  22nd 
meeting  of  the  Competent  Authorities  for  Regulation  (EU)  2019/1021  and  in  addition  in  a 
meeting  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. 

• 

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 chlorpyrifos to the Stockholm 
Convention on behalf of the European Union. 

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2021/0026 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the submission, on behalf of the European Union, of a proposal for the listing of 
chlorpyrifos 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) 

(4) 

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On 14 October 2004, the European Community approved the Stockholm Convention 
(‘the  Convention’)  by  Council  Decision 
on  Persistent  Organic  Pollutants 
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.  

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

Chlorpyrifos is  not  approved as  an  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. 
Chlorpyrifos is also not approved as an 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, chlorpyrifos is not registered for any other use in accordance with Regulation 
(EC)  No  1907/2006  of  the  European  Parliament  and  of  the  Council11  and, 
consequently,  it  is  not  allowed  to  be  manufactured  or  placed  on  the  market  in  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  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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Union for such other use in quantities of one tonne or more per year per manufacturer 
or importer. 

(5) 

Although chlorpyrifos has been phased-out in the Union, it appears that it is still used 
as a pesticide and dispersed in the environment outside the Union. Due to the potential 
for long-range environmental transport of chlorpyrifos, 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 chlorpyrifos in Annex A to the Convention, 

HAS ADOPTED THIS DECISION:  

Article 1 

The Union shall submit a proposal for the listing of chlorpyrifos (CAS No: 2921-88-2, EC No 
220-864-4) 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. 

Article 2 

Done at Brussels, 

For the Council 
The President 

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