Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union at the tenth meeting of the Conference of the Parties to the Stockholm Convention on Persistent Organic Pollutants as regards the proposal for amendment of Annex A
Date: 2021-04-13
Institutions: Directorate-General for Environment, European Commission
Subjects: chemical product, dangerous substance, environmental protection, international convention, organic acid, organic pollution, pollution control measures, public health, revision of an agreement

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   EUROPEAN COMMISSION  Brussels, 13.4.2021  COM(2021) 174 final 2021/0093 (NLE)  Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union at the tenth meeting of the Conference of the Parties to the Stockholm Convention on Persistent Organic Pollutants as regards the proposal for amendment of Annex A  
 
EXPLANATORY MEMORANDUM 

1. 

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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 unintentionally produced 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. 

Established  pursuant  to  Article  19  of  the  Convention,  the  Conference  of  the  Parties  is  the 
governing body of the Stockholm Convention. This body normally meets every two years to 
monitor the implementation of the Convention. It also reviews chemicals brought forward for 
its consideration by the Persistent Organic Pollutants Review Committee (POPRC). 

In  accordance  with  Article  8(1)  of  the  Convention,  a  Party  submitted  a  proposal  to  the 
Secretariat for listing of perfluorohexane sulfonic acid (PFHxS), its salts and PFHxS-related 
compounds  in  Annex  A  to  the  Convention,  which  was  reviewed  by  the  POPRC  following 
Article 8(3) and (4). The POPRC recommended to the Conference of the Parties the listing of 
perfluorohexane sulfonic acid (PFHxS), its salts and PFHxS-related compounds in Annex A 
without  specific  exemptions.  The  procedure  for  adoption  of  amendments  to  Annexes  is 
governed by Article 22 of the Convention. 

In accordance with Article 23 of the Convention, each party has one vote. However, regional 
economic integration organisations such as the EU exercise their right to vote with a number 
of votes equal to the number of their Member States that are parties to the Convention. 

At the tenth ordinary meeting, the Conference of the Parties will  consider the adoption of a 
decision  to  list  perfluorohexane  sulfonic  acid  (PFHxS),  its  salts  and  PFHxS-related 
compounds  in  Annex  A  (elimination),  Annex  B  (restriction)  and/or  Annex  C  (unintentional 
production) to the Convention. 

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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). 

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The  listing  in  Annexes  A,  B  and/or  C  has  the  effect  that  the  chemicals  will  be  subject  to 
measures aiming at eliminating or restricting their production and use, including the reduction 
or elimination of releases of unintentionally produced POPs. 

The envisaged act will become binding on the parties in accordance with Article 22(4) of the 
Convention, which provides: ‘The proposal, adoption and entry into force of amendments to 
Annex  A,  B  or  C  shall be  subject  to  the  same  procedures  as  for  the  proposal,  adoption  and 
entry into force of additional annexes to this Convention, except that an amendment to Annex 
A, B or C shall not enter into force with respect to any Party that has made a declaration with 
respect  to  amendment  to  those  Annexes  in  accordance  with  paragraph  4  of  Article  25,  in 
which case any such amendment shall enter into force for such a Party on the ninetieth day 
after  the  date  of  deposit  with  the  depositary  of  its  instrument  of  ratification,  acceptance, 
approval or accession with respect to such amendment.’ 

Perfluorohexane  sulfonic  acid  (PFHxS),  its  salts  and  PFHxS-related  compounds  are  not 
intentionally used in the European Union, but the chemicals may be present as an impurity in 
fluorine-based  fire-fighting  foams  and  in  perfluorooctane  sulfonic  acid  (PFOS).  Concerning 
the  presence  of  PFHxS  in  PFOS,  it  should  be  noted  that  PFOS  is  listed  in  Annex  B  to  the 
Stockholm Convention and in Annex I to Regulation (EU) 2019/1021, which prohibits the use 
of PFOS in the Union with the exception of one remaining use as mist-suppressant in hard-
chromium  plating  until  2025.  That  use  of  PFOS  has  already  been  phased  out  in  almost  all 
Member States. 

This proposal concerns the decision establishing the position to be taken on the Union's behalf 
at  the  Conference  of  the  Parties  to  the  Stockholm  Convention  in  connection  with  the 
envisaged adoption of a decision to amend Annex A by listing perfluorohexane sulfonic acid 
(PFHxS),  its  salts  and  PFHxS-related  compounds.  If  the  Conference  of  the  Parties  to  the 
Stockholm Convention decided to list PFHxS in Annex A, Parties to the Convention will be 
required  to  take  the  necessary  measures  to  eliminate  or  restrict  the  use  of  PFHxS  in  their 
territory,  in  line  with  their  obligations  under  the  Convention.  In  order  to  implement  the 
decision in the Union, the Commission will propose a delegated act to amend Annex I to the 
POPs  Regulation  to  include  perfluorohexane  sulfonic  acid  (PFHxS),  its  salts  and  PFHxS-
related compounds. Production and use of these substances will be forbidden in the Union. 

• 

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 active substances that are PBT. A 
Common  Understanding  Paper4  examines 
the  Stockholm 
Convention, Regulation (EU) 2019/1021 and Regulation (EC) No 1907/2006 with regards to 
restrictions and authorisation requirements, to ensure coherence. 

the  relationship  between 

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

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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. 

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). 

Consequently,  the  legal  basis  of  the  proposed  decision  should  be  Article  192(1),  in 
conjunction with Article 218(9) TFEU. 

• 

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  Union  participates  in  the  decision-making  at  the 
Conference of the Parties. 

• 

Proportionality 

Persistent  organic  pollutants  are  of  global  concern  and  the  Stockholm  Convention  aims  at 
eliminating the production and use of those chemicals. The listing of perfluorohexane sulfonic 
acid (PFHxS), its salts and PFHxS-related compounds in Annex A has been recommended by 
the  Persistent  Organic  Pollutants  Review  Committee  of  the  Convention  since  the  chemical 
was found to meet the criteria in accordance with Annex D to the Convention. Therefore, it is 
proportionate to support the listing of that chemical in Annex A 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 

• 
The  proposal  was  discussed  with  the  Member  States  and  other  stakeholders  in  the  23rd 
meeting  of  the  Commission  Expert  Group:  Competent  Authorities  for  Regulation  (EU) 
2019/1021. In addition, stakeholders were extensively consulted throughout the assessment of 
the  chemical  carried  out  by  the  Persistent  Organic  Pollutants  Review  Committee  of  the 
Convention and their comments were addressed. 

• 

Impact assessment 

An impact assessment was not carried out, but a socio-economic assessment and an analysis 
of  alternatives  have  been  done  in  the  context  of  the  REACH  restriction  dossier  on 
perfluorohexane sulfonic acid (PFHxS), its salts and PFHxS-related compounds5. The ECHA 
opinion  concludes  that  the  socio-economic  costs  from  the  proposed  restriction  should  be 
limited  and  that  it  is  proportionate  to  severely  restrict  the  manufacturing,  placing  on  the 
market and use of PFHxS. 

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https://echa.europa.eu/registry-of-restriction-intentions/-/dislist/details/0b0236e1827f87da 

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The  Persistent  Organic  Pollutants  Review  Committee  concluded  that  the  chemical  is  a 
persistent organic pollutant and recommended the listing without a specific exemption. This 
recommendation is based on an assessment of the impact of potential management measures 
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  the  chemical  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  support  the  listing  of  perfluorohexane 
sulfonic acid (PFHxS), its salts and PFHxS-related compounds in Annex A without specific 
exemptions  at  the  Conference  of  the  Parties  to  the  Stockholm  Convention  on  behalf  of  the 
European Union. 

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2021/0093 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be taken on behalf of the European Union at the tenth meeting of the 
Conference of the Parties to the Stockholm Convention on Persistent Organic Pollutants 
as regards the proposal for amendment of Annex A 

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) 

(6) 

The  Stockholm  Convention  on  Persistent  Organic  Pollutants  (‘the  Convention’) 
entered  into  force  on  17  May  2004  and  was  concluded  on  behalf  of  the  Union  by 
Council Decision 2006/507/EC1. 
Regulation  (EU)  2019/1021  of  the  European  Parliament  and  of  the  Council2 
implements the Stockholm Convention in the Union. 

Pursuant  to  Article  8  of  the  Convention,  the  Conference  of  the  Parties  shall  decide 
whether to list a chemical, and specify its related control measures, in Annexes A, B 
and/or C. 

The  tenth  meeting  of  the  Conference  of  the  Parties  to  the  Stockholm  Convention  is 
expected to adopt a decision to list further chemicals in Annex A. 

It  is  appropriate  to  establish  the  position  to  be  taken  on  the  Union's  behalf  in  the 
Conference of the Parties, as the decision will be binding on the Union. 

In  order  to  protect  human  health  and  the  environment  from  further  releases  of 
perfluorohexane sulfonic acid (PFHxS), its salts and PFHxS-related compounds, it is 
necessary to  reduce or eliminate the production and use of those chemicals at  global 
level and support their listing in the Convention, 

HAS ADOPTED THIS DECISION:  

Article 1 

The position to be taken on behalf of the Union at the tenth meeting of the Conference of the 
Parties 
the  relevant 
recommendations  of  the  Persistent  Organic  Pollutants  Review  Committee,  to  support  the 

the  Stockholm  Convention  shall  be, 

in  accordance  with 

to 

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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). 

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listing of perfluorohexane sulfonic acid (PFHxS), its salts and PFHxS-related compounds in 
Annex A to the Convention without specific exemptions. 

Refinement  of  this  position,  in  light  of  the  developments  at  the  tenth  meeting  of  the 
Conference of the Parties to the Stockholm Convention, may be agreed by representatives of 
the Union, in consultation with the Member States, through coordination on the spot without 
further decision of the Council. 

This Decision is addressed to the Commission. 

Done at Brussels, 

Article 2 

For the Council 
The President 

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