Address https://gelex.eu/eli/EU/decision/2021/592@2021-04-07/en

Contents

1. Preamble
2. 1. Article 1
   2. Article 2

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(1), in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) On 14 October 2004, the European Community approved the Stockholm Convention on Persistent Organic Pollutants (the Convention) by means of Council Decision 2006/507/EC.

(2) As a Party to the Convention, the Union is able to submit proposals for the amendment of the Annexes to the Convention. Annex A to the Convention lists chemicals to be eliminated.

(3) According to available scientific information and review reports, and taking due account of the screening criteria set out in Annex D to the Convention, chlorpyrifos exhibits characteristics of a persistent organic pollutant.

(4) Chlorpyrifos is not approved as an active substance pursuant to Regulation (EC) No 1107/2009 of the European Parliament and of the Council and is therefore not allowed to be placed on the market or used in the Union in plant protection products. Chlorpyrifos is also not approved as an active substance pursuant to Regulation (EU) No 528/2012 of the European Parliament and of the Council and is therefore not allowed to be placed on the market or used in the Union in biocidal products. In addition, chlorpyrifos is not registered for any other use in accordance with Regulation (EC) No 1907/2006 of the European Parliament and of the Council and, consequently, it is not allowed to be manufactured or placed on the market in the Union for such other use in quantities of 1 tonne or more per year per manufacturer or importer.

(5) Although chlorpyrifos has been phased out in the Union, it appears that it is still used as a pesticide and dispersed in the environment outside the Union. Due to the potential for long-range environmental transport of chlorpyrifos, the measures taken nationally or at Union level are not sufficient to safeguard the high level of protection of the environment and human health. Wider international action is therefore necessary.

(6) The Union should therefore submit a proposal to the Secretariat of the Convention for the listing of chlorpyrifos in Annex A to the Convention,

HAS ADOPTED THIS DECISION:

Article 1

The Union shall submit a proposal for the listing of chlorpyrifos (CAS No: 2921-88-2, EC No 220-864-4) in Annex A to the Stockholm Convention on Persistent Organic Pollutants. The Commission shall, on behalf of the Union, communicate the proposal referred to in the first subparagraph 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 date of its adoption.

Done at Brussels, 7 April 2021. For the Council The President A. P. Zacarias

Versions

1. 2021-04-07

Cited by

• Judgment of the general Court (Seventh Chamber, Extended Composition) 4 October 2023 Judgment · Grade B

  The applicants add that, while chlorpyrifos was the subject of Council Decision (EU) 2021/592 of 7 April 2021 on the submission, on behalf of the European Union, of a proposal for the listing of chlorpyrifos in Annex A to the Stockholm Convention on Persistent Organic Pollutants (OJ 2021 L 125, p. 52), CHP-methyl has not been the subject of a similar proposal.

• Judgment of the general Court (Seventh Chamber, Extended Composition) 4 October 2023 Judgment · Grade B

  In addition, as regards more specifically the reliance on Decision 2021/592, it should be borne in mind that, in an action for annulment under Article 263 TFEU, the legality of the contested measure must be assessed on the basis of the facts and the law as they stood at the time the measure was adopted (see paragraph 221 above). Accordingly, that decision, which was adopted after the contested regulation was adopted, cannot usefully be relied on.