/ EUROPEAN COMMISSION
DIRECTORATE-GENERAL
ENVIRONMENT
Directorate D - Water, Chemicals and Biotechnology
ENV.D.3 – Chemicals and Nanomaterials

Brussels, 29 October 2010

POP-CA7/2010/06

Seventh Meeting of the Competent Authorities
for the implementation of Regulation (EC) Nr 850/2004 of the European Parliament and of the Council on
Persistent Organic Pollutants

Centre de Conférence A. Borschette, room 1D, rue Froissart 36, Brussels

12November 2010 (10:00 – 18:00)

Concerns: Terms of reference for contract on "Technical support on reporting obligations and update of the Community Implementation Plan under the POPs Regulation"

Agenda Point:7

Action Requested:This document contains terms of reference for contract which will start next year and whose objectives are:

- To prepare a second synthesis report and a summary report covering the period between 2007 and 2009

- To review and update the Community Implementation Plan (CIP)

- To review the current reporting format and to propose a new reporting format/system

The document provides detailed description of work and timeline, including timeline for commenting by Competent Authorities.

The POP-CA is invited to:

- take note of this document andconsider the planned work in their planning

PART 1: TECHNICAL DESCRIPTION

1. Background

Regulation (EC) 850/2004[1] on persistent organic pollutants (the POP Regulation) was adopted in April 2004, in order to implement the Stockholm Convention and the POP Protocol under the Convention on Long-Range Transboundary Air Pollution (the POP Protocol) within the European Union.

The POP Regulation contains provisions regarding production, placing on the market and use of chemicals, management of stockpiles and wastes and measures to reduce unintentional releases of POPs. Furthermore, Member States must set up emission inventories for unintentionally produced POPs, national implementation plans (NIPs) and monitoring and information exchange mechanisms.

Article 12 of the Regulation requires annual reporting by Member Stateson the actual production and use of POPs and triennial reporting on the actual stockpiles, waste management, releases and environmental levels as well as more general information on the application of the POP Regulation. The Commission is required to compile the reports and integrate them with the information from the EPER[2], the E-PRTR[3]and the CORINAIR Emission Inventory of EMEP[4]in a synthesis report. This report shall also include information on the use of derogations as referred to in Article 7(4) of the POP Regulation. The Commission shall forward a summary of the synthesis report to the European Parliament and to the Council and make it available to the public without delay.

The first synthesis report was prepared by a contractor on behalf of the Commission in 2009 and made publicly available on the Commission's website[5]. It was based on the first triennial reports covering, in most of the cases, the period between 2004 and 2006 and on the annual reports for years 2006, 2007 and 2008. Findings of the synthesis report and progress achieved in the implementation of the actions listed in the CIP until the end of 2009 were summarized in the Commission report on the application of the POP Regulation and forwarded to the European Parliament and the Council. The deadline for the second triennial reporting by the Member States was due in May 2010 and currently there is a need to prepare a second synthesis report and a summary report for the period between 2007 and 2009 taking into account the 2007-2009 triennial reports and the annual reports for 2007, 2008, 2009 and 2010.

In order to facilitate Article 12 reporting by MS, the Commission in its decision 2007/639/EC[6] established a common format for both annual and triennial reporting. The adopted reporting format fulfilled its role to facilitate the first reporting, but currently there is a need for its revision. Although a major part of the format is also relevant for subsequent reports, some parts of the triennial report are only relevant for the first reporting, such as e.g. questions related to the development of national implementation and action plans. In addition, experience from the first reporting showed that clarity of questions should be improved to receive appropriate information, the format could be simplified as some data may be already reported under other obligations (e.g. emissions data) and the reporting format should become electronic and automatized as much as possible to effectively work with numeric values reported.

Article 8 (4) of the POP Regulation requires that the Commission draw up a plan for the implementation of Community obligations under the Stockholm Convention and when appropriate the Commission should review the plan and update it. The Community Implementation Plan (CIP) was developed as the Commission staff working document[7] in 2007 and subsequently submitted to the Secretariat of the Stockholm Convention. The CIP covers the substances listed in the Stockholm Convention or in the POP Protocol. The overall purpose of the CIP was to take stock of actions taken and lay down a strategy and action plan for further Community measures related to POPs. As shown in the recently adopted Commission report on the application of the POP Regulation, a significant number of actions identified in the CIP have already been finalized and many more are being finalised on a continual basis. In addition, new substances were listed in the Stockholm Convention and the POP Protocol in the course of 2009. Therefore there is a need to review and update the CIP to take into account the technical and legislative developments in the field, findings presented in the Commission report on the application of the POP Regulation and the new obligations related to the listing of new substances in the Convention and the POP Protocol.

2. Objectives

The objectives of the contract are:

  1. To prepare a second synthesis report and a summary report covering the period between 2007 and 2009
  2. To review and update the Community Implementation Plan (CIP) to take into account the technical and legislative developments in the field, findings presented in the Commission report on the application of the POP Regulation and the new obligations related to the listing of new substances in the Stockholm Convention and the POP Protocol.
  3. To review the current reporting format with a view to increasing its clarity and usability of the data and making it compatible with Shared Environmental Information System[8] (SEIS) principles and to propose a new reporting format/system

3. Content / Description of the tasks

  • In cooperation with the Commission, organize a kick-off meeting in Brussels to fine-tune the details of the project

TaskA

  • Develop an inception report for the synthesis report
  • It should contain at least a proposal for the structure of the report, a description of the proposed content and/or parts of drafted text for each section.
  • A consultation with the Commission should be envisaged to agree on details of the content and structure of the synthesis report
  • Instructions given below for a draft synthesis report should be followed.
  • Develop a draft synthesis report for the period between 2007 and 2009
  • It should include information from 2007-2009 triennial reports, information from annual reports for years 2007, 2008, 2009 and 2010, information available in the context of the EPER, E-PRTR, the CORINAIR Emission Inventory of EMEP[9], information on the use of derogations as referred to in Article 7(4) and information available in the National Implementation Plans.
  • It should be prepared in the format compatible with the Commission's layout for publications, which is a predefined MS Word template and which will be made available to the contractor during the kick off meeting.
  • The synthesis report should contain synthesised information. Compilation of the information should be done in the Annexes to the report.
  • The report should also contain an evaluation of the individual provisions of the POP Regulation, i.e. it should contain a judgment of the results and impacts of the POP Regulation against the desired effect of implementation. In other words it should provide responses to questions such as: How well are we doing? Are the objectives reached? Should we keep doing the same things? Is it useful? How can we do better?
  • Develop a draft summary report for the period between 2007 and 2009
  • It should be based on the draft synthesis report and it should highlight the most important messages from findings in the synthesis report
  • It should be prepared in the format compatible with the Commission's layout for publications, which is a predefined MS Word template and which will be made available to the contractor during the kick off meeting.
  • Organize consultation of the draft synthesis and draft summary report with the Competent Authorities (CAs) and observers
  • Assist DG ENV in organization of the 1st meeting of CAs and observers;
  • The draft synthesis and draft summary report should be distributed to the CAs and observers at least 1 month before the meeting takes place
  • The Contractor will be asked to present the reports to the CAs and observers at their 1st meeting in Brussels
  • The CAs and observers will be asked to provide comments during the meeting of CAs and observers and in writing within 2 weeks after the meeting takes place
  • The Contractor should prepare a draft of the minutes from the 1st meeting of CAs and observers which should be submitted to the Commission at the latest 2 weeks after the meeting takes place.
  • Prepare a final version of the synthesis and summary report
  • These reports should take into account comments of the CAs and observers and the Commission

TaskB

  • Develop an inception report on the new CIP
  • It should contain at least a proposal for the structure of the report, a description of the proposed content and/or parts of drafted text for each section.
  • The inception report should be discussed with the Commission to agree on the content and structure of the new CIP
  • Instructions given below for a 1st draft of the new CIP should be followed.
  • Develop a 1st draft of the new CIP
  • The basis for the development of the new CIP is the current CIP; it should be used as a starting point;
  • The new CIP should reflect findings of the first report on the application of the POP Regulation, findings of the second report on the application of the POP Regulation prepared under Task A, listing of the new POP substances in the Stockholm Convention and the POP Protocol and the latest technical and legislative developments in the field;
  • The new CIP should contain recommendations and lessons learned emerging from the reports on the application of the POP Regulation, together with the action proposed to be taken in relation to those recommendations.
  • The document should be developed in the format compatible with the Commission's layout for publications, which is a predefined MS Word template and which will be made available to the contractor during the kick off meeting.
  • Organize a public consultation on the 1st draft of the new CIP
  • This should be done in cooperation with the Commission using the Commission's public consultation portal Your Voice in Europe[10] and in accordance with the Minimum Standards for consultation[11].
  • The consultation portal Your Voice in Europe will be used for the announcement of the consultation with a direct link to the consultation portal of DG ENV[12] where the consultation document, a questionnaire and a description of the consultation will be posted.
  • Before the consultation is launched, the Contractor should develop a pre-consultation summary document containing the context, scope and objectives of consultation, including a description of the specific issues open for discussion or questions with particular importance for the new CIP.The Contractor should further develop a questionnaire which participants in the public consultation will be asked to answer. The Contractor is responsible for the development of the questionnaire, i.e. formulating the questions. The questionnaire will be posted at the DG ENV public consultation portal by the DG ENV in an appropriate electronic format.
  • The Consultation will last 10 weeks;
  • After the consultation, the contractor should prepare a post-consultation summary document containing a short description of the consultation process, a short description of the main results and reasoned, general feedback: how the major clusters of comments were taken into account (or not) in the 2nd draft of the new CIP.
  • Develop a 2nd draft of the new CIP
  • The second draft of the new CIP should take into account relevant comments from the public consultation
  • The document should be developed in the format compatible with the Commission's layout for publications, which is a predefined MS Word template and which will be made available to the contractor during the kick off meeting.
  • Organize a consultation on the 2nd version of the new CIP with the POP Competent Authorities (CAs) and observers
  • Assist DG ENV in the organization of the 2nd meeting of CAs and observers;
  • The 2nd draft of the new CIP should be distributed to the CAs and observers at least 1 month before the meeting takes place
  • The Contractor will be asked to present the 2nd draft of the new CIP to the CAs and observers at their 2nd meeting in Brussels
  • The CAs and observers will be asked to provide additional comments during the meeting and in writing within 2 weeks after the meeting takes place
  • The Contractor should prepare a draft of the minutes from the meeting of CAs and observers which should be submitted to the Commission at the latest 2 weeks after the meeting takes place.
  • Prepare the final version of the new CIP
  • This report should take into account relevant comments of the CAs and observers
  • The document should be developed in the format compatible with the Commission's layout for publications, which is a predefined MS Word template and which will be made available to the contractor during the kick off meeting.

Task C

  • Critically review the existing reporting format with a view to simplifying it, automatizing it, increasing its clarity and usability of the data using the experience from compilation of the reports performed under Task A;
  • Evaluate clarity of questions in the current reporting format
  • Evaluate whether questions are relevant for continuous reporting or only for the first report
  • Evaluate whether there is missing information which would improve the quality of reports on the implementation of the POP Regulation (as prepared under task A)
  • Evaluate whether there is information which is already reported under other obligations with the aim to avoid duplication of work
  • In cooperation with the Commission, organize a meeting in Brussels with the representatives of DG ENV and the European Environmental Agency (EEA) to discuss the possibility of electronic reporting via the EEA reporting web portal and to discuss how it could be ensured that relevant data reported under other obligations (e.g. emission data) are automatically available also for this reporting.
  • The contractor should develop in cooperation with the DG ENV a discussion paper for the meeting and circulate it to participants 2 weeks before the meeting; the document should present intention of the work, initial proposal for changes in the reporting format and facts finding questions to participants
  • The contractor will be also responsible for drafting the minutes of the meeting which should be submitted to the Commission at the latest 2 weeks after the meeting takes place
  • Develop a draft proposal for an updated reporting format with argumentation for changes proposed;
  • Principles of Shared Environmental Information System should be followed when drafting the proposal
  • The draft proposal should contain a reporting format for reporting on paper or using Word document (as the current situation).
  • It should contain precise specification of information required in the form of a questionnaire (as is the case currently);
  • In addition, the draft proposal should contain a project plan for the establishment of electronic reporting via the EEA reporting system
  • If more options for electronic reporting are possible, the draft proposal may list available options with description of pros and cons.
  • The contractor is not expected to develop an IT solution for reporting; he is, however, expected to provide recommendations and a work plan as to how possible IT solutions could be developed within the existing reporting structure and facilities in the EU
  • Organize consultation of the draft proposal for the updated reporting format with the Competent Authorities and observers
  • The consultation should be done during the 2nd Meeting of Competent Authorities and observers organized under Task B;
  • The draft proposal should be distributed to the CAs and observers at least 1 month before the meeting takes place
  • The Contractor will be asked to present the proposal to the CAs and observers at the 2nd meeting in Brussels (the same meeting as in Task B);
  • The CAs and observers will be asked to provide comments during the meeting and in writing within 2 weeks after the meeting takes place
  • Prepare a final proposal for the updated reporting format taking into account comments from the CAs and observers and the Commission
  • The final proposal should also be prepared in the format compatible with the Commission's layout for publications, which is a predefined MS Word template and which will be make available to the contractor during the kick off meeting.

General

  • All products and documents including the compilation of raw data in tables should be prepared in English and made available to the Commission also in electronic format.
  • The Commission has 10 working days from the date of receipt of the draft deliverables to comment on them, after which the contractor has 5 working days to incorporate the comments and submit the final deliverables to the Commission for acceptance.
  • The contractor should envisage its participation in the following meetings held in Brussels:
  • Kick off meeting
  • 1st meeting of CAs and observers
  • Discussion meeting with DG ENV and EEA on change of the reporting format
  • 2nd meeting of CAs and observers
  • In addition, the contractor should envisage participating in up to 2 additional meetings held in Brussels. Some of these meetings can be replaced by video/teleconferencing if feasible.

4. Experience required of the Contractor