CELEX: 52013PC0131
Language: en
Date: 2013-03-12
Title: Proposal for a COUNCIL DECISION on the submission, on behalf of the European Union, of a proposal for the listing of additional chemicals in Annex A to the Stockholm Convention on Persistent Organic Pollutants

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		52013PC0131
		
			Proposal for a COUNCIL DECISION on the submission, on behalf of the European Union, of a proposal for the listing of additional chemicals in Annex A to the Stockholm Convention on Persistent Organic Pollutants /* COM/2013/0131 final - 2013/0073 (NLE) */
			
				
		
		
			
			   	EXPLANATORY MEMORANDUM
1.           CONTEXT OF THE PROPOSAL
The Stockholm Convention on Persistent
Organic Pollutants (the Convention), approved by Council Decision 2006/507/EC[1], 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 currently twenty-two priority POPs, their safe handling and
disposal and elimination or reduction of releases of certain unintentional
POPs.
Regulation (EC) No 850/2004 on persistent
organic pollutants[2]
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/EC[3].
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 or C to the Convention which will then be reviewed by the
Persistent Organic Pollutants Review Committee (POP RC) following Article 8(3)
and (4). The proposal shall contain the information specified in Annex D. The
procedure for the adoption of amendments to Annexes is governed by Article 22
of the Convention.
According to available scientific
information and review reports as well as taking due account of the screening
criteria laid down in Annex D to the Convention, dicofol exhibit characteristics
of POPs.
Dicofol has not been included[4] as active substances in Annex I
to Directive 91/414/EEC of 15 July 1991 concerning
the placing of plant protection products on the market[5]. Moreover,
dicofol has not been included[6]
in Annex I or IA to Directive 98/8/EC of the European
Parliament and of the Council of 16 February 1998 concerning the placing of
biocidal products on the market[7].
Therefore, the placing on the market and use of the
substance has already ceased or has been severely reduced in the EU.
In 2008, on the basis of Risk Profile and
Summary Report for Dicofol[8]
prepared by the Netherlands, the EU nominated dicofol for listing as a POP
under the Protocol. Furthermore, dicofol has been assessed by POP RC as a
potential alternative to endosulfan. On the basis of this assessment POP RC
considers that dicofol meets the criteria of Annex D to the Convention and
therefore could be considered as a POP.
It cannot be excluded that dicofol is still
produced, used or significantly unintentionally 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 POP RC meeting in
October 2013, it is appropriate that the Commission submit on behalf of the Union a proposal for the listing of dicofol for inclusion in Annex A to the Secretariat of
the Stockholm Convention. This constitutes a position to be adopted on the Union's behalf for the purpose of Article 218(9) TFEU.
2013/0073 (NLE)
Proposal for a
COUNCIL DECISION
on the submission, on behalf of the
European Union, of a proposal for the listing of additional chemicals 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 191(1), in
conjunction with Article 218(9) thereof, 
Having regard to the proposal from the
European Commission,
Whereas:
(1)       The Union ratified the
Stockholm Convention on Persistent Organic Pollutants (the Convention) on 16
November 2004 by 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[9].
(2)       As a Party to the
Convention, the Union may make proposals for amendment of the Annexes to the
Convention. Annex A to the Convention lists persistent organic pollutants (POPs)
to be eliminated.
(3)       According to available
scientific information and review reports as well as taking due account of the
screening criteria laid down in Annex D to the Convention, dicofol exhibits
characteristics of POPs. 
(4)       Dicofol was nominated by
the EU as a potential POP under the Protocol to the 1979 Convention on
Long-Range Transboundary Air Pollution. Furthermore, according to the
preliminary assessment by the Persistent Organic Pollutants Review Committee,
undertaken in the context of identification of alternatives to endosulfan,
dicofol meets the criteria laid down in Annex D to the Convention.
(5)       The placing on the market
and use of dicofol has already ceased in the Union. It cannot be excluded that the
substance is still produced, used or significantly unintentionally emitted in third
countries.
(6)       Due to the potential for
long-range environmental transport of dicofol, 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.
(7)       The Union should therefore
submit a proposal to the Secretariat of the Convention for the listing of
dicofol in Annex A to the Convention,
HAS ADOPTED THIS DECISION: 
Article 1
1. The Union shall submit a proposal for
the listing of dicofol (CAS number: 115-32-2) in Annex A to the Stockholm
Convention on Persistent Organic Pollutants (the Convention):
2. 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.
Article 2
This Decision shall enter into force on the day of its
adoption. 
Done at Brussels, 
                                                                       For
the Council
                                                                       The
President
[1]               OJ L 209, 31.7.2006, p. 1.
[2]               OJ L 158, 30.4.2004, p. 7.
[3]               OJ L 81, 19.3.2004, p. 35.
[4]               Commission Decision (2008/764/EC) of 30 September
2008 concerning the non-inclusion of dicofol in Annex I to Council Directive
91/414/EEC and the withdrawal of authorisations for plant protection products
containing that substance (OJ L 262, 1.10.2008, p. 40).
[5]               OJ L 230, 19.8.1991, p. 1.
[6]               Commission Regulation (EC) No 1451/2007 of 4 December
2007 on the second phase of the 10-year work programme referenced in Article
16(2) of Directive 98/8/EC of the European Parliament and of the Council
concerning the placing of biocidal products on the market (OJ L 325,
11.12.2007, p. 3).
[7]               OJ L 123, 24.4.1998, p 1.
[8]               Available at: http://www.unece.org/fileadmin/DAM/env/lrtap/TaskForce/popsxg/2008/Dicofol_RA%20dossier_proposal%20for%20submission%20to%20UNECE%20POP%20protocol.pdf.
[9]               OJ L 209, 31.7.2006, p. 1.