Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union at the eleventh meeting of the Conference of the Parties to the Stockholm Convention on Persistent Organic Pollutants as regards the proposals for amendment of Annex A to that Convention
Date: 2023-01-30
Institutions: Directorate-General for Environment, European Commission
Subjects: dangerous substance, environmental protection, international convention, organic chemical, organic pollution, pollution control measures, public health, revision of an agreement

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   EUROPEAN COMMISSION  Brussels, 30.1.2023  COM(2023) 41 final 2023/0014 (NLE)  Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union at the eleventh meeting of the Conference of the Parties to the Stockholm Convention on Persistent Organic Pollutants as regards the proposals for amendment of Annex A to that Convention  
 
EXPLANATORY MEMORANDUM 

1. 

SUBJECT MATTER OF THE PROPOSAL 

This proposal concerns the decision establishing the position to be taken on the Union's behalf 
at  the  eleventh  meeting  of  the  Conference  of  the  Parties  to  the  Stockholm  Convention  on 
Persistent Organic Pollutants in connection with the envisaged adoption of decisions to amend 
Annex A by adding dechlorane plus, methoxychlor and UV-328. 

2. 

CONTEXT OF THE PROPOSAL 

2.1. 

The Stockholm Convention 

The Stockholm Convention on Persistent Organic Pollutants (the Convention) aims to protect 
human health and the environment from persistent organic pollutants (POPs). The Convention 
entered into force on 17 May 2004.  The European Union is  a party to  the Agreement1. 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. 

2.2. 

The Conference of the Parties 

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,  Parties  submitted  proposals  to  the 
Secretariat  for  listing  of  dechlorane  plus,  methoxychlor  and  UV-328  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  methoxychlor  in  Annex  A 
without specific exemptions, and the listing of dechlorane plus and UV-328 in Annex A with 
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. 

2.3. 

The envisaged act of the Conference of the Parties 

At the eleventh ordinary meeting, the Conference of the Parties will consider the adoption of 
decisions to list dechlorane plus, methoxychlor and UV-328 in Annex A (elimination), Annex 
B (restriction) and/or Annex C (unintentional production) to the Convention. 

The purpose of the decisions is the listing in Annexes A, B and/or C, which 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 acts 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 

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OJ L 209, 31.7.2006, p. 1. 

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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.’ 

3. 

POSITION TO BE TAKEN ON THE UNION'S BEHALF 

The position to be taken on the Union's behalf at the eleventh meeting of the Conference of 
the Parties to the Stockholm Convention on Persistent Organic Pollutants should be to support 
the  listing  of  dechlorane  plus,  methoxychlor  and  UV-328  in  line  with  the  relevant 
recommendations of the Persistent Organic Pollutants Review Committee (POPRC).  

In  accordance  with  Article  8(1)  of  the  Convention,  Parties  submitted  proposals  to  the 
Secretariat  for  listing  of  dechlorane  plus,  methoxychlor  and  UV-328  in  Annex  A  to  the 
Convention, which was reviewed by the POPRC following Article 8(3) and (4). The POPRC 
examined the proposals by applying the screening criteria in accordance with Annex D to the 
Convention  and  concluded  that  the  criteria  are  fulfilled.  After  having  evaluated  the  risk 
profiles  for  dechlorane  plus,  methoxychlor  and  UV-328,  and  having  decided  that  those 
substances  are  likely,  as  a  result  of  their  long-range  environmental  transport,  to  lead  to 
significant  adverse  human  health  and/or  environmental  effects  such  that  global  action  is 
warranted, the POPRC recommended to the Conference of the Parties to consider the listing 
of methoxychlor in Annex A without specific exemptions, and the listing of dechlorane plus 
and UV-328 in Annex A with specific exemptions. 

In  order  to  protect  human  health  and  the  environment  from  further  releases  of  dechlorane 
plus, methoxychlor and UV-328, it is necessary to reduce or eliminate the production and use 
of  those  chemicals  at  global  level  and  to  support  their  listing  in  the  relevant  annexes  to  the 
Convention.  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 POPs. 

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  Paper2  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 

4. 

LEGAL BASIS 

4.1. 

Procedural legal basis 

4.1.1.  Principles 

Article 218(9) of the Treaty on the Functioning of the European Union (TFEU) provides for 
decisions establishing ‘the positions to be adopted on the Union’s behalf in a body set up by 
an  agreement,  when  that  body  is  called  upon  to  adopt  acts  having  legal  effects,  with  the 
exception of acts supplementing or amending the institutional framework of the agreement.’ 

The concept of ‘acts having legal effects’ includes acts that have legal effects by virtue of the 
rules of international law governing the body in question. It also includes instruments that do 

2 

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

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not  have  a  binding  effect  under  international  law,  but  that  are  ‘capable  of  decisively 
influencing the content of the legislation adopted by the EU legislature’3. 

4.1.2.  Application to the present case 

The  Conference  of  the  Parties  is  a  body  set  up  by  an  agreement,  namely  the  Stockholm 
convention on Persistent Organic Pollutants. 

The acts, which the Conference of the Parties is called upon to adopt, constitute acts having 
legal effects. The envisaged acts will be binding under international law in accordance with 
Article 22 of the Stockholm Convention. 

The  envisaged  act  does  not  supplement  or  amend  the  institutional  framework  of  the 
Agreement. 

Therefore, the procedural legal basis for the proposed decision is Article 218(9) TFEU. 

4.2. 

Substantive legal basis 

4.2.1.  Principles 

The  substantive  legal  basis  for  a  decision  under  Article  218(9)  TFEU  depends  primarily  on 
the objective and content of the envisaged act in respect of which a position is taken on the 
Union's behalf.  If the  envisaged act  pursues two  aims or has two components  and if one of 
those  aims  or  components  is  identifiable  as  the  main  one,  whereas  the  other  is  merely 
incidental, the decision under Article 218(9) TFEU must be founded on a single substantive 
legal basis, namely that required by the main or predominant aim or component. 

4.2.2.  Application to the present case 

The main objective and content of the envisaged act relate to the environment. 

Therefore, the substantive legal basis of the proposed decision is Article 192 of the TFEU. 

4.3. 

Conclusion 

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

3 

Judgment  of 
ECLI:EU:C:2014:2258, paragraphs 61 to 64.  

the  Court  of  Justice  of  7  October  2014,  Germany  v  Council,  C-399/12, 

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2023/0014 (NLE) 

Proposal for a 

COUNCIL DECISION 

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

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) 

The  Stockholm  Convention  on  Persistent  Organic  Pollutants  (the  ‘Convention’)  was 
concluded by the Union by Council Decision 2006/507/EC4 and entered into force on 
17 May 2004. 

Pursuant  to  Article  8  of  the  Convention,  the  Conference  of  the  Parties  to  the 
Convention  may  list  chemicals  in  Annexes  A,  B  and/or  C  to  the  Convention  and 
specify control measures related to such chemicals. 

At its eleventh meeting, the Conference of the Parties to the Convention is expected to 
adopt decisions to list further chemicals in Annex A to the Convention. 

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

In  order  to  protect  human  health  and  the  environment  from  further  releases  of 
dechlorane plus, methoxychlor and UV-328, it is necessary to reduce or eliminate the 
production and use of those chemicals at global level and to support their listing in the 
relevant annexes to the Convention, 

HAS ADOPTED THIS DECISION: 

Article 1 

The position to be taken on the Union's behalf at the eleventh meeting of the Conference of 
the Parties to the Stockholm Convention on Persistent Organic Pollutants and any subsequent 
Conference of the Parties where the point is on the agenda shall be the following, taking due 
account  of  the  relevant  recommendations  of  the  Persistent  Organic  Pollutants  Review 
Committee (POPRC): 

(a) 

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to  support  the  listing  of  dechlorane  plus  in  Annex  A,  with  the  specific  exemptions 
recommended by the POPRC; 

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). 

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(b) 

(c) 

to support the listing of methoxychlor in Annex A, without any specific exemptions; 

to  support  the  listing  of  UV-328  in  Annex  A,  with  the  specific  exemptions 
recommended by the POPRC. 

Article 2 

Refinements  of  the  position  referred  to  in  Article  1,  in  light  of  the  developments  at  the 
eleventh  meeting  of  the  Conference  of  the  Parties  to  the  Convention  and  any  subsequent 
Conference  of  the  Parties  where  the  point  is  on  the  agenda  may  be  agreed  upon  by 
representatives  of  the  Union,  in  consultation  with  the  Member  States,  during  on-the-spot 
coordination meetings without a further decision of the Council. 

This Decision is addressed to the Commission. 

Done at Brussels, 

Article 3 

For the Council 
The President 

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