Explanatory Memorandum to COM(2003)332 - Conclusion of the 1998 Protocol to the 1979 Convention on Long Range Transboundary Air Pollution on Persistent Organic Pollutants

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dossier COM(2003)332 - Conclusion of the 1998 Protocol to the 1979 Convention on Long Range Transboundary Air Pollution on Persistent Organic ...
source COM(2003)332 EN
date 12-06-2003
1. The Community has been a Party to the Convention on Long Range Transboundary Air Pollution (LRTAP) since 1982. This Convention was negotiated and adopted under the auspices of the United Nations Economic Commission for Europe.

2. The Executive Body of the LRTAP Convention decided in 1996 to open negotiations on a Protocol on persistent organic pollutants. The negotiations were concluded in February 1998. The Commission participated on behalf of the Community and in accordance with the negotiating directives given by the Council on 7 October 1997.

3. The Protocol on Persistent Organic Pollutants was adopted and opened for signature at a special session of the Executive Body which was held in conjunction with the Ministerial Conference 'Environment for Europe' in Aarhus, Denmark on 23-25 June 1998. The Community and all the Member States signed the Protocol on 24 June 1998.

4. The aim of the Protocol is to control, reduce or eliminate discharges, emissions and losses of persistent organic pollutants that cause significant adverse effects on human health or the environment as a result of their long-range transboundary atmospheric transport. The Protocol stipulates the elimination or reduction of production and use of thirteen substances regarded as persistent organic pollutants. In addition, Parties have to take effective measures to reduce or stabilise total annual emissions of certain substances.

5. To ensure that proposals for listing additional substances in the Protocol are justified and have sufficient support in the Community, only joint proposals by the Community and the Member States should be submitted to the Secretariat. Therefore, appropriate provisions on submitting new proposals should be included in the Decision.

6. When Annexes I, II or III of the Protocol are amended, the Commission should be authorised to approve, on behalf of the Community, the amendments provided that the Annexes to the Regulation (EC) [No .../200..] have been amended accordingly.

7. While the main purpose and the content of the Protocol concerns environmental protection, the provisions concerning prohibitions and restrictions of intentional production and use of chemicals are relevant to the functioning of the internal market. Therefore, it is appropriate that the Decision on ratification is based on Articles 175 i and 95 i, in conjunction with Article 300.

8. In parallel to this proposed Decision, the Commission has put forward a proposal for a Council Decision concerning the conclusion of the Stockholm Convention on Persistent Organic Pollutants, which was signed by the Community in May 2001, and a Regulation by the European Parliament and the Council to implement certain provisions of the Protocol and the Stockholm Convention, which are not yet implemented by the Community legislation.

It is therefore possible for the Community to approve the Protocol on Persistent Organic Pollutants.