Considerations on COM(2009)27 - EC position with regard to proposals for amending Annexes A, B and C of the Stockholm Convention at the fourth meeting of the Conference of Parties on 4 - 8 May 2009

Please note

This page contains a limited version of this dossier in the EU Monitor.

 
 
1. The promotion of measures at international level to deal with global environmental problems is one of the objectives of the Community's policy on the environment, in accordance with Article 174 of the Treaty.

2. The Community ratified on 16 November 2004 the Stockholm Convention on Persistent Organic Pollutants (hereafter called the Convention) based on the 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 i.

3. The Community has implemented the obligations from the Convention in Community law by way of Regulation (EC) No 850/2004 of the European Parliament and the Council of 29 April 2004 on persistent organics pollutants and amending Directive 79/117/EEC i (hereafter called the POPs Regulation).

4. The Community places strong emphasis on the need for the Convention to gradually expand its Annexes A, B and/or C with new substances which meet the criteria of being POP substances, taking into account the precautionary principle, with a view to meeting the objective of the Convention and the commitment of all governments made at the Johannesburg Summit in 2002 to minimise the adverse effects of chemicals by 2020.

5. In accordance with Article 22 of the Convention, amendments to Annexes A, B and C of the Convention are adopted by decision of the Conference of the Parties and enter into force one year from the date of communication by the depositary of an amendment, save for those parties that have opted out.

6. Following nominations of substances received from the European Community and its Member States i, Norway i and Mexico i, the Persistent Organic Pollutants Review Committee established under the Convention has concluded its work on nine proposed substances which have been found to meet the criteria of the Convention. The forthcoming Conference of Parties to the Convention is expected to decide on the inclusion of these substances into the Annexes of the Convention.

7. All nine substances are already subject to Community legislation and five of them (Alpha hexachlorocyclohexane, Beta hexachlorocyclohexane, Chlordecone, Hexabromobiphenyl and Lindane) are subject to a complete production and use ban as they are included in Annex I, Part B of the POPs Regulation since they were listed in Annex I and/or II of the POPs Protocol.

8. Putting on the market and use of PFOS i, pentabromodiphenyl ether and octabromodiphenyl ether i have been restricted in the Community through amendments to the Directive 76/769 i. Pentachlorobenzene is a priority hazardous substance under the Water Framework Directive (2000/60/EC) i.

9. The amendments to the Annexes A, B and/or C of the Convention by adding the nine new substances will require amendments to the POPs Regulation. According to Article 14  i of the Regulation, when substances are added to the Convention, changes to the Annexes of the Regulation can be made in accordance with the normal committee procedures established in Articles 5 and 7 of Decision 1999/468/EC, having regard to the provisions of Article 8 thereof.

10. At the fourth Conference of Parties to the Stockholm Convention, the Community and the Member States should cooperate closely to ensure that any amendments to the Annexes are compatible with Community law and/or policies,

HAS DECIDED AS FOLLOWS:

Sole Article

At the fourth meeting of the Conference of the Parties to the Stockholm Convention on POPs, the Commission shall present the following position of the Community on the proposals for adding substances to Annexes A, B and/or C to that Convention:

(1) To list in Annex A of the Convention without use and production exemptions:

- 2,2',4,4'- tetrabromodiphenyl ether (BDE-47, CAS No. 40088-47-9) and 2,2',4,4',5-pentabromodiphenyl ether (BDE-99, CAS No. 32534-81-9) and other tetra- and pentabromodiphenyl ethers present in commercial pentabromodiphenyl ether

- 2,2',4,4',5,5'-hexabromodiphenyl ether (BDE-153, CAS No. 68631-49-2), 2,2',4,4',5,6'- hexabromodiphenyl ether (BDE-154, CAS No. 207122-15-4), 2,2',3,3',4,5',6-heptabromodiphenyl ether (BDE-175, CAS No. 446255-22-7) and 2,2',3,4,4',5',6-heptabromodiphenyl ether (BDE-183 CAS No. 207122-16-5) and other hexa- and heptabromodiphenyl ethers present in commercial octabromodiphenyl ether

- Chlordecone

- Hexabromobiphenyl

- Alpha hexachlorocyclohexane

- Beta hexachlorocyclohexane

- Lindane

(2) To list in Annex A of the Convention and specifying the related control measures of following chemicals:

- Perfluorooctane sulfonic acid (CAS No. 1763-23-1), its salts and perfluorooctane sulfonyl fluoride (CAS No. 307-35-7) with the following use exemptions:

- photoresists or anti reflective coatings for photolithography processes;

- photographic coatings applied to films, papers, or printing plates;

- mist suppressants for non-decorative hard chromium (VI) plating and wetting agents for use in controlled electroplating systems;

- hydraulic fluids for aviation;

- fire-fighting foams, placed on the market before the ban, can be used until two years after the entry into force of the Decision under the Convention.

(3) To list in Annex A and C of the Convention without use and production exemptions:

- Pentachlorobenzene

Done at Brussels, […]

For the Council

The President
[…], […], p. […].

www.pops.int/documents/meetings/poprc/chem_review PFOS nominated on 14 June 2005, see

www.pops.int/documents/meetings/poprc/chem_review Octabromodiphenyl ether, Pentachlorobenzene (and SCCP, not on the agenda for COP-4) nominated on 29 June 2006, see

www.pops.int/documents/meetings/poprc/chem_review

www.pops.int/documents/meetings/poprc/chem_review

www.pops.int/documents/meetings/poprc/chem_review

Alpha and Beta hexachlorohexane, nominated on 25 July 2006, see

www.pops.int/documents/meetings/poprc/chem_review