25.8.2010 Official Journal of the European Union L 223/29 COMMISSION REGULATION (EU) No 757/2010 of 24 August 2010 amending Regulation (EC) No 850/2004 of the European Parliament and of the Council on persistent organic pollutants as regards Annexes I and III (Text with EEA relevance) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Regulation (EC) No 850/2004 of the European Parliament and of the Council of 29 April 2004 on persistent organic pollutants and amending Directive 79/117/EEC ('), and in particular Article 14(1) thereof, Whereas: Regulation (EC) No 850/2004 implements in the law of the Union the commitments set out in the Stockholm Convention on Persistent Organic Pollutants (hereinafter ‘the Convention’) approved by 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 () and in the Protocol to the 1979 Convention on Long-Range Transboundary  Air Pollution on Persistent Organic Pollutants (hereinafter ‘the  Protocol) approved by Council Decision 2004/259/EC of 19 February 2004 concerning the conclusion, on behalf of the European Community, of the Protocol to the 1979 Convention on Long Range Transboundary Air Pollution on Persistent Organic Pollutants (). Following nominations of substances received from the European Union and its Member States, Norway and Mexico, the Persistent Organic Pollutants Review Committee established under the Convention has concluded its work on the nine proposed substances, which have been found to meet the criteria of the Convention. At the fourth meeting of the Conference of the Parties to the Convention on 4-8 May 2009 (here- inafter ‘COP4’) it was agreed to add all nine substances to the Annexes to the Convention. In view of the decisions taken at COP4 it is necessary to update Annexes I and III to Regulation (EC) No 850/2004. Annex I to Regulation (EC) No 850/2004 should be amended to take into account that substances can be listed only in the Convention. 158, 30.4.2004, p. 7. 0] L 0J L 209, 31.7.2006, p. 1. 0J L 81, 19.3.2004, p. 35. ) The COP4 decided to list eight of the substances in Annex A (elimination) to the Convention. The ninth substance, Perfluorooctane sulfonic acid and its derivatives (hereinafter PFOS) is still widely used worldwide and COP4 decided to list it in Annex B (restriction) with a range of exemptions. Regulation (EC) No 850/2004 has a similar structure with Annex I (prohibition) and Annex II (restriction). The Convention contains obligations to prohibit or restrict production, use, import and export of the substances listed in its Annexes A and B. By listing the substance covered by the COP4 decisions in Regulation (EC) No 850/2004, the scope of the restriction is brought in conformity with the COP4 decision as Regulation (EC) No 850/2004 includes conditions for production, use and waste management in addition to restricting placing on the market. Placing on the market and use of PFOS has been restricted in the Union by virtue of Annex XVII to Regu- lation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Au- thorisation and Restriction of Chemicals (REACH) (*). The existing restriction on PFOS in the Union contains only few exemptions compared to those included in the COP4 decision. PFOS was also listed in Annex I to the revised Protocol adopted on 18 December 2009. Therefore PFOS should be listed together with the other eight substances in Annex I to Regulation (EC) No 850/2004. Derogations that were applicable for PFOS when listed in Annex XVII are carried over and listed in Annex I to Regulation (EC) No 850/2004 with only few amendments. The dero- gations should be subject to the use of best available technique where applicable. The specific derogation to use PFOS as wetting agents for use in controlled elec- troplating systems is time limited in accordance with the COP4 decision. If technically justified the deadline can be prolonged, subject to approval by the Conference of the Parties to the Convention. Member States must report every four years on the use of the allowed derogations. The European Union as a Party to the Convention should report to it based on the Member State reports. The Commission should continue to review the remaining derogations and the availability of safer alternative substances or technologies. The provisions in Article 4(1)(b) of Regulation (EC) No 850/2004 regarding substances occurring as an uninten- tional trace contaminant should be defined for PFOS to ensure a harmonised enforcement and control of that Regulation, while at the same time guaranteeing conformity with the Convention. By virtue of Annex XVII to Regulation (EC) No 1907/2006 PFOS was () O] L 396, 30.12.2006, p. 1.