Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union at the twelfth meeting of the Conference of the Parties to the Stockholm Convention on Persistent Organic Pollutants as regards the requests for extension of specific exemptions and the proposals for amendment of Annex A to that Convention
Date: 2025-02-18
Institutions: Directorate-General for Environment, European Commission
Subjects: dangerous substance, environmental protection, international convention, organic chemical, organic pollution, per- and polyfluoroalkyl substances, pollution control measures, public health, revision of an agreement

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   EUROPEAN COMMISSION  Brussels, 18.2.2025  COM(2025) 50 final 2025/0028 (NLE)  Proposal for a COUNCIL DECISION on the position to be taken on behalf of the European Union at the twelfth meeting of the Conference of the Parties to the Stockholm Convention on Persistent Organic Pollutants as regards the requests for extension of specific exemptions and 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 twelfth meeting of the Conference of the Parties (COP) to the Stockholm Convention on 
Persistent Organic Pollutants in connection with the envisaged adoption of decisions to amend 
Annex A by adding chlorinated paraffins with carbon chain lengths in the range C14–17 and 
chlorination levels at or exceeding 45 per cent chlorine by weight (medium-chain chlorinated 
paraffins,  MCCP),  chlorpyrifos  and  long-chain  perfluorocarboxylic  acids,  their  salts  and 
related compounds. 

MCCP  are  used  as  flame  retardants  and  plasticizers  in  plastic  and  as  additives  in  metal-
working  fluids.  The  European  Chemicals  Agency  published  opinions  of  its  scientific 
committees  on  a  restriction  dossier  submitted  under  REACH.  Both  committees  supported  a 
ban  but  had  diverging  views  whether  to  grant  a  time-limited  exemption  for  use  in 
metalworking  fluids.  Such  exemption  for  metal  working  fluids  is  contained  in  the 
recommendation of the POPs Review Committee (POPRC) to the COP. It seems that the EU 
needs  additional  exemptions  and  extended  expiry  dates  for  some  uses  in  defence  and 
aerospace applications (coatings, lubricants, and ammunition and its packaging). 

Chlorpyrifos  is  widely  used  worldwide  as  an  insecticide  in  agriculture  and  as  a  biocide  to 
control  non-agricultural  pests.  In  the  European  Union,  its  use  as  active  substance  in  plant 
protection products and in biocidal products is prohibited. 

Long-chain  perfluorocarboxylic  acids,  their  salts  and  related  compounds  in  the  EU  mainly 
occur  as  unavoidable  byproducts  during  the  manufacture  of  per-  and  polyfluorinated 
substances (PFAS). Outside of the EU, they are used, or may have been used, in a range of 
applications,  including:  industrial  uses;  electronic  articles,  and  medical  and  laboratory 
devices;  photo-imaging;  inks;  food  contact  materials;  paints,  coatings  and  varnishes 
(including those applied to building and construction materials); fire-fighting foams; textiles 
and  apparel;  personal  care  products;  cleaning  and  washing  agents;  ski  waxes;  and  in  the 
automotive  industry.  The  chemicals  are  already  restricted  under  REACH  in  the  EU  with  a 
number of exemptions that are amongst the specific exemptions recommended by the POPRC 
or can be covered by setting an Unintentional Trace Contaminant level in the EU. 

In  addition,  this  proposal  concerns  the  decision  establishing  the  position  to  be  taken  on  the 
Union's  behalf  in  the  Conference  of  the  Parties  to  the  Stockholm  Convention  in  connection 
with the proposal to amend the entry on UV-328 in Annex A to the Convention submitted by 
Ethiopia by adding a specific exemption for aviation. 

Furthermore, this proposal concerns the decision establishing the position to be taken on the 
Union's  behalf  in  connection  with  the  envisaged  adoption  of  a  decision  to  extend  specific 
exemptions  for  the  use  of  perfluorooctanoic  acid  (PFOA),  its  salts  and  PFOA-related 
compounds  and perfluorooctane sulfonic acid (PFOS), its salts and perfluorooctane sulfonyl 
fluoride in fire-fighting foam for liquid fuel vapor suppression and liquid fuel fires (Class B 
fires)  in  installed  systems,  including  both  mobile  and  fixed  systems,  based  on  requests 
submitted by the Republic of Korea. 

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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 chlorinated paraffins with carbon chain lengths in the range C14–17 
and chlorination levels at or exceeding 45 per cent chlorine by weight, chlorpyrifos and long-
chain  perfluorocarboxylic  acids,  their  salts  and  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 chlorinated paraffins with carbon 
chain lengths in the range C14–17 and chlorination levels at or exceeding 45 per cent chlorine 
by  weight,  chlorpyrifos  and  long-chain  perfluorocarboxylic  acids,  their  salts  and  related 
compounds 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 acts of the Conference of the Parties 

At the twelfth ordinary meeting, the Conference of the Parties will consider the adoption of 
decisions  to  list  chlorinated  paraffins  with  carbon  chain  lengths  in  the  range  C14–17  and 
chlorination  levels  at  or  exceeding  45  per  cent  chlorine  by  weight,  chlorpyrifos  and  long-
chain perfluorocarboxylic acids, their salts and related compounds 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. 

In  addition,  the Conference of the Parties  will consider a proposal  submitted by Ethiopia to 
amend Annex A to the Convention by adding a specific exemption for certain uses of UV-328 
in civilian and military aircraft, including in relevant spare parts. UV-328 had been listed in 
Annex  A  to  the  Stockholm  Convention  by  Decision  SC-11/11  without  these  specific 
exemptions,  since  the  need  for  such  specific  exemptions  was  not  known  at  that  time. 
Recently,  the  need  for  such  exemptions  has  been  identified  by  industry  stakeholders  and 
communicated to some Parties. 

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 

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OJ L 209, 31.7.2006, p. 1. 

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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.’ 

Furthermore, the Conference of the Parties will consider requests submitted by the Republic 
of Korea to extend the specific exemptions for the use of perfluorooctanoic acid (PFOA), its 
salts  and  PFOA-related  compounds  and  perfluorooctane  sulfonic  acid  (PFOS),  its  salts  and 
perfluorooctane sulfonyl fluoride in  fire-fighting foam  for liquid  fuel  vapor suppression and 
liquid fuel fires (Class B fires) in installed systems, including both mobile and fixed systems. 
The Conference of the Parties will be required to decide on an extension of the expiry date of 
these specific exemptions for a period of up to five years in accordance with Article 4(7) of 
the Convention. 

3. 

POSITION TO BE TAKEN ON THE UNION'S BEHALF 

The position to be taken on the Union's behalf at the twelfth meeting of the Conference of the 
Parties to the Stockholm Convention on Persistent Organic Pollutants should be to support the 
listing  of  chlorinated  paraffins  with  carbon  chain  lengths  in  the  range  C14–17  and 
chlorination levels at or exceeding 45 per cent chlorine by weight(medium-chain chlorinated 
paraffins,  MCCP),  chlorpyrifos  and  long-chain  perfluorocarboxylic  acids,  their  salts  and 
related compounds in Annex A in line with the respective recommendations of the POPRC, 
except in relation to MCCP since it seems that the Union needs additional specific exemptions 
for  use  in  certain  defence  and  aerospace  applications  (coatings,  lubricants,  and  ammunition 
and  its  packaging)  and  extended  expiry  dates  for  certain  uses  in  defence  and  aerospace 
applications.  These  needs  have  been  communicated  by  stakeholders  from  the  defence  and 
aerospace sectors and are based on information on current use of MCCP. 

In  accordance  with  Article  8(1)  of  the  Convention,  Parties  submitted  proposals  to  the 
Secretariat for listing of MCCP, chlorpyrifos and long-chain perfluorocarboxylic acids, their 
salts  and  related  compounds  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  MCCP,  chlorpyrifos  and 
long-chain perfluorocarboxylic acids, their salts and related compounds, 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  MCCP,  chlorpyrifos  and  long-chain  perfluorocarboxylic  acids,  their  salts  and  related 
compounds in Annex A with specific exemptions. 

In  order  to  protect  human  health  and  the  environment  from  further  releases  of  MCCP, 
chlorpyrifos and long-chain perfluorocarboxylic acids, their salts and related compounds, 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  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. 

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The position to be taken on the Union's behalf at the twelfth meeting of the Conference of the 
Parties to the Stockholm Convention as regards the proposal submitted by Ethiopia to amend 
Annex  A  to  the  Convention  by  adding  a  specific  exemption  for  certain  uses  of  UV-328  in 
civilian and military aircraft including in relevant spare parts should be to support the addition 
of those specific exemptions since the identification of alternatives requires some time and the 
lifetime of the parts where UV-328 is used is rather long in these applications, subject to the 
availability of specific information justifying the need for these exemptions. If such specific 
exemptions  are  granted,  they  should  be  as  short  as  possible  to  ensure  an  as  fast  as  possible 
phase-out of UV-328 in these applications. 

The position to be taken on the Union's behalf at the twelfth meeting of the Conference of the 
Parties  to  the  Stockholm  Convention  as  regards  the  request  submitted  by  the  Republic  of 
Korea to extend the expiry date of certain specific exemptions for the use of perfluorooctanoic 
acid  (PFOA),  its  salts  and  PFOA-related  compounds  and  perfluorooctane  sulfonic  acid,  its 
salts  and  perfluorooctane  sulfonyl  fluoride  should  be  to  support  the  requests  since  the 
Republic of Korea needs more time to completely phase-out the respective uses, including by 
identifying alternatives. 

As  regards  chlorpyrifos,  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.  Regarding  MCCP  and  long-chain  perfluorocarboxylic  acids,  their 
salts  and  related  compounds,  a  Common  Understanding  Paper2  examines  the  relationship 
between  the  Stockholm  Convention,  Regulation  (EU)  2019/1021  and  Regulation  (EC)  No 
1907/2006 with regards to restrictions and authorisation requirements, to ensure coherence. 

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 
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 and will need to be implemented in Regulation (EU) 
2019/1021. 

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http://ec.europa.eu/growth/sectors/chemicals/reach/special-cases_en 
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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The  envisaged  acts  do  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. 

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2025/0028 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the position to be taken on behalf of the European Union at the twelfth meeting of the 
Conference of the Parties to the Stockholm Convention on Persistent Organic Pollutants 
as regards the requests for extension of specific exemptions and 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) 

(6) 

(7) 

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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 twelfth 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 
chlorinated paraffins with carbon chain lengths in the range C14–17 and chlorination 
levels  at  or  exceeding  45  per  cent  chlorine  by  weight,  chlorpyrifos  and  long-chain 
perfluorocarboxylic acids, their salts and related compounds, 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. 

Since the Persistent Organic Pollutants (POPs) Review Committee identified the need 
for certain specific exemptions for all three chemicals to allow for some time to phase-
out  their  use,  including  by  identifying  alternatives,  certain  time-limited  specific 
exemptions should be granted, some of which are needed by the Union. 

The  scope  of  the  specific  exemptions  for  chlorinated  paraffins  with  carbon  chain 
lengths  in  the  range  C14–17  and  chlorination  levels  at  or  exceeding  45  per  cent 
chlorine by weight recommended by the POPs Review Committee does not cover all 
uses that are needed by the Union before completing the transition to alternatives and 
therefore  the  Union  should  request  the  addition  of  specific  exemptions  for  use  in 

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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(8) 

(9) 

certain defence and aerospace applications (coatings, lubricants, and ammunition and 
its  packaging)  and,  where  needed,  longer  time  limits  to  allow  identification  of 
alternatives and substitution in these highly regulated sectors. 

In order to allow for a reasonable time to identify alternatives and to use certain spare 
parts  in  the  aviation  sector,  it  is  necessary  to  allow  the  continued  use  of  UV-328  in 
civilian and military aircraft including in relevant spare parts, and thus to support the 
proposal from Ethiopia to add the respective specific exemption to the entry on UV-
328 in Annex A to the Convention.  

In order to allow the Republic of Korea more time to identify alternatives for the use 
of  perfluorooctanoic  acid  (PFOA),  its  salts  and  PFOA-related  compounds  and 
perfluorooctane  sulfonic  acid,  its  salts  and  perfluorooctane  sulfonyl  fluoride  in  fire-
fighting foam for liquid fuel vapor suppression and liquid fuel fires (Class B fires) in 
installed systems, including both mobile and fixed systems, it is appropriate to accept 
the  request  submitted  by  the  Republic  of  Korea  to  extend  the  expiry  date  of  these 
specific exemptions for the use of perfluorooctanoic acid (PFOA), its salts and PFOA-
its  salts  and 
related  compounds  and  perfluorooctane  sulfonic  acid  (PFOS), 
perfluorooctane sulfonyl fluoride, 

HAS ADOPTED THIS DECISION: 

Article 1 

The position to be taken on the Union's behalf at the twelfth meeting of the Conference of the 
Parties  to  the  Stockholm  Convention  on  Persistent  Organic  Pollutants  and  any  subsequent 
Conference of the Parties where the listing of the chemicals mentioned in points (a), (b) and 
(c)  is  on  the  agenda  shall  be  the  following,  taking  due  account  of  the  relevant 
recommendations of the Persistent Organic Pollutants Review Committee (POPRC): 

(a) 

(b) 

(c) 

to support the listing of chlorinated paraffins with carbon chain lengths in the range 
C14–17  and  chlorination  levels  at  or  exceeding  45  per  cent  chlorine  by  weight  in 
Annex  A,  with  the  specific  exemptions  recommended  by  the  POPRC,  but  with  the 
possibility  to  request  additional  specific  exemptions  for  use  in  certain  defence  and 
aerospace applications (coatings, lubricants, and ammunition and its packaging) and 
extended  expiry  dates  for  some  exemptions  for  aerospace  and  defence  applications 
until 2041, and for spare parts until 2046; 

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

to support the listing of long-chain perfluorocarboxylic acids, their salts and related 
compounds in Annex A, with the specific exemptions recommended by the POPRC. 

Article 2 

The position to be taken on the Union's behalf at the twelfth meeting of the Conference of the 
Parties  to  the  Stockholm  Convention  on  Persistent  Organic  Pollutants  and  any  subsequent 
Conference  of  the  Parties  where  the  proposal  from  Ethiopia  is  on  the  agenda  shall  be  to 
support the proposal submitted by Ethiopia to amend Annex A to the Convention by adding a 
specific  exemption  for  certain  uses  of  UV-328  in  civilian  and  military  aircraft  including  in 
relevant spare parts. 

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Article 3 

The position to be taken on the Union's behalf at the twelfth meeting of the Conference of the 
Parties  to  the  Stockholm  Convention  on  Persistent  Organic  Pollutants  and  any  subsequent 
Conference of the Parties where the request of the Republic of Korea is on the agenda shall be 
to  accept  the  request  submitted  by  the  Republic  of  Korea  to  extend  the  expiry  date  of  the 
specific exemptions for the use of perfluorooctanoic acid (PFOA), its salts and PFOA-related 
compounds and perfluorooctane sulfonic acid (PFOS), its salts and perfluorooctane sulfonyl 
fluoride in fire-fighting foam for liquid fuel vapor suppression and liquid fuel fires (Class B 
fires) in installed systems, including both mobile and fixed systems. 

Article 4 

Refinements of the position referred to in Article 1, in light of the developments at the twelfth 
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 5 

For the Council 
The President 

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