Considerations on COM(2004)537 - Proposals, on behalf of the EC and the Member States, for amendments to Annexes I - III of the 1998 Protocol to the 1979 Convention on Long Range Transboundary Air Pollution on Persistent Organic Pollutants and to Annexes A - C of the Stockholm Convention on Persistent Organic Pollutants - Main contents
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| dossier | COM(2004)537 - Proposals, on behalf of the EC and the Member States, for amendments to Annexes I - III of the 1998 Protocol to the 1979 ... |
|---|---|
| document | COM(2004)537  |
| date | August 4, 2004 |
(2) The Community ratified on 30 April 2004 the Protocol to the 1979 Convention on Long Range Transboundary Air Pollution on Persistent Organic Pollutants (hereafter called 'the Protocol') and is in the process of ratification of the Stockholm Convention on Persistent Organic Pollutants (hereafter called 'the Convention').
(3) The Protocol aims at controlling, reducing or eliminating 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, in principle, the elimination or reduction of production and use and emissions of sixteen substances regarded as persistent organic pollutants.
(4) The Convention provides a framework, based on the precautionary principle, for elimination of production, use, import and export of the initial twelve priority Persistent Organic Pollutants, their safe handling and disposal and elimination or reduction of releases of certain unintentional Persistent Organic Pollutants.
(5) According to Article 14 of the Protocol and Article 8 of the Convention, any Party may propose amendments to the Protocol and to the Convention, respectively. The procedure for the adoption of amendment to Annexes is foreseen by Article 14 of the Protocol and Article 22 of the Convention. Based on the obligation to ensure unity in the international representation of the Community and in order to ensure that proposals are justified and have sufficient support in the Community, only joint proposals by the Community and the Member States should be submitted.
(6) Having taken due account of Decision 1998/2 of the Executive Body for the Convention on Long-Range Transboundary Air Pollution and Annex D of the Convention it has been shown that hexachlorbutadiene, pentachlorbenzene and polychlorinated napthalenes, pentabromodiphenyl ether, octabromodiphenyl ether and short-chained chlorinated paraffins exhibit characteristics of persistent organic pollutants. Due to the potential for long-range environmental transport of these chemicals, the measures taken nationally or at Community level are not sufficient to safeguard a high level of protection of the environment and human health but wider international action is necessary. It is therefore appropriate that the Community and the Member States which are Parties to the Protocol or to the Convention, propose inclusion of these substances to the relevant Annexes of the Protocol and of the Convention taking into account the existing Community legislation and the possible authorised uses and derogations given therein.
(7) Chlordecone and hexabromobifenyl are currently listed in Annex I of the Protocol and hexachlorocyclohexane (HCH, including lindane) is listed in Annex II of the Protocol. Taking due account of Annex D of the Convention, these substances exhibit characteristics of persistent organic pollutants and warrant global action. It is therefore appropriate that the Community and the Member States which are Parties to the Convention, propose inclusion of these substances to the relevant Annexes of the Convention.
(8) The provisions of the Protocol and the Convention concern environmental protection, and consequently, it is appropriate to choose Article 175(1), in conjunction with Article 300(2), as the legal basis.
HAS DECIDED AS FOLLOWS:
Article 1
The Commission is hereby authorised to submit to the Executive Secretariat of the United Nations Economic Commission for Europe the proposal, on behalf of the Community and the Member States which are Parties to the Protocol to the 1979 Convention on Long Range Transboundary Air Pollution on Persistent Organic Pollutants, to include the following substances in the Protocol:
a) to Annex I of the Protocol:
- hexachlorobutadiene (CAS number: 87-68-3),
- octabromodiphenyl ether (CAS number: 32536-52-0), and
- pentachlorobenzene (CAS number: 608-93-5);
b) to Annex I and III of the Protocol:
- polychlorinated napthalenes (a group of substances containing one to eight chlorine atoms);
c) to Annex II of the Protocol:
- short-chained chlorinated paraffins (alkanes, C10-C13, chloro).
The Commission together with the Member States shall ensure that relevant information supporting the proposals is submitted to the Secretariat.
Article 2
The Commission is hereby authorised to submit to the Secretariat of the Convention the proposal, on behalf of the Community and the Member States which are Parties to the Stockholm Convention on Persistent Organic Pollutants, to include the following substances in the Convention:
a) to Annex A of the Convention:
- the substances listed in Article 1 subparagraph (a),
- pentabromodiphenyl ether (CAS number: 32534-81-9)
- chlordecone (CAS number: 145-50-0),
- hexabromobifenyl (CAS number: 36355-01-8), and
- hexachlorocyclohexane (HCH, including lindane) (CAS numbers: 608-73-1 and 58-89-9);
b) to Annex A and C of the Convention:
- polychlorinated napthalenes (a group of substances containing one to eight chlorine atoms);
c) to Annex B of the Convention:
- short-chained chlorinated paraffins (alkanes, C10-C13, chloro).
The Commission together with the Member States shall ensure that relevant information supporting the proposals is submitted to the Secretariat.
Done at Brussels,
For the Council
The President