Considerations on COM(2011)67 - EU position at the Fifth Conference of the Parties to the Stockholm Convention on Persistent Organic Pollutants (POPs) with regard to the proposal for an amendment of Annex A

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dossier COM(2011)67 - EU position at the Fifth Conference of the Parties to the Stockholm Convention on Persistent Organic Pollutants (POPs) with ...
document COM(2011)67 EN
date February 16, 2011
 
1. The promotion of measures at international level to deal with global environmental problems is one of the objectives of the European Union's policy on the environment, in accordance with Article 191 of the Treaty.

2. The European Union 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[7].

3. The European Union has implemented the obligations from the Convention in European Union 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[8] (hereafter called the POPs Regulation).

4. The European Union 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 (COP) 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 a nomination of endosulfan received from the European Union in 2007, the Persistent Organic Pollutants Review Committee established under the Convention has concluded its work on endosulfan. POP RC has found that endosulfan meets the criteria of the Convention. The forthcoming Conference of the Parties to the Convention is expected to decide on the inclusion of technical endosulfan, its related isomers and endosulfan sulfate in Annex A of the Convention. Specific exemptions (time limited exemptions for certain Parties) may be requested and the EU should be in a position to respond to such requests during COP5.

7. Endosulfan is subject to Commission Decision of 2 December 2005 concerning the non-inclusion of endosulfan in Annex I to the Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market[9] and the withdrawal of authorisation for plant protection products containing this active substance[10].

8. The amendment to Annex A of the Convention by technical endosulfan, its related isomers and endosulfan sulfate will require amendments to the POPs Regulation. According to Article 14 (1) 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.

9. The amendment to Annex A should be supported.