2022-02-08 | BWBV0001437 | Protocol bij het Verdrag van 1979 betreffende grensoverschrijdende luchtverontreiniging over lange afstand, inzake zware metalen

verdrag/protocol-bij-het-verdrag-van-1979-betreffende-grensoverschrijdende-luchtverontre/BWBV0001437/README.md

@@ -25,8 +25,9 @@ For the purposes of the present Protocol,
 7. “Heavy metals” means those metals or, in some cases, metalloids which are stable and have a density greater than 4.5 g/cm^3 and their compounds;
 8. “Emission” means a release from a point or diffuse source into the atmosphere;
 9. “Stationary source” means any fixed building, structure, facility, installation, or equipment that emits or may emit a heavy metal listed in annex I directly or indirectly into the atmosphere;
-10. “New stationary source” means any stationary source of which the construction or substantial modification is commenced after the expiry of two years from the date of entry into force of: i) this Protocol; or ii) an amendment to annex I or II, where the stationary source becomes subject to the provisions of this Protocol only by virtue of that amendment. It shall be a matter for the competent national authorities to decide whether a modification is substantial or not, taking into account such factors as the environmental benefits of the modification;
+10. “New stationary source” means any stationary source of which the construction or substantial modification is commenced after the expiry of two years from the date of entry into force for a Party of the present Protocol. A Party may decide not to treat as a new stationary source any stationary source for which approval has already been given by the appropriate competent national authority at the time of entry into force of the Protocol for that Party and provided that the construction or substantial modification is commenced within five years of that date. It shall be a matter for the competent national authorities to decide whether a modification is substantial or not, taking into account such factors as the environmental benefits of the modification;
 11. “Major stationary source category” means any stationary source category that is listed in annex II and that contributes at least one per cent to a Party's total emissions from stationary sources of a heavy metal listed in annex I for the reference year specified in accordance with annex I.
+12. The terms “this Protocol”, “the Protocol” and “the present Protocol” mean the 1998 Protocol on Heavy Metals, as amended from time to time.
 
 ### Artikel 2
 
@@ -38,23 +39,49 @@ The objective of the present Protocol is to control emissions of heavy metals ca
 
 **2.**
 
-Each Party shall, no later than the timescales specified in annex IV, apply:
+Subject to paragraphs 2 bis and 2 ter, each Party shall, no later than the timescales specified in annex IV, apply:
 
-a) The best available techniques, taking into consideration annex III, to each new stationary source within a major stationary source category for which annex III identifies best available techniques;
+a) The best available techniques, taking into consideration annex III, to each new stationary source within a major stationary source category for which guidance adopted by the Parties at a session of the Executive Body identifies best available techniques;
 b) The limit values specified in annex V to each new stationary source within a major stationary source category. A Party may, as an alternative, apply different emission reduction strategies that achieve equivalent overall emission levels;
-c) The best available techniques, taking into consideration annex III, to each existing stationary source within a major stationary source category for which annex III identifies best available techniques. A Party may, as an alternative, apply different emission reduction strategies that achieve equivalent overall emission reductions;
+c) The best available techniques, taking into consideration annex III, to each existing stationary source within a major stationary source category for which guidance adopted by the Parties at a session of the Executive Body identifies best available techniques. A Party may, as an alternative, apply different emission reduction strategies that achieve equivalent overall emission reductions;
 d) The limit values specified in annex V to each existing stationary source within a major stationary source category, insofar as this is technically and economically feasible. A Party may, as an alternative, apply different emission reduction strategies that achieve equivalent overall emission reductions.
 
+**2 bis.** A Party that was already a Party to the present Protocol prior to the entry into force of an amendment that introduces new source categories may apply the limit values applicable to an “existing stationary source” to any source in such a new category the construction or substantial modification of which is commenced before the expiry of two years from the date of entry into force of that amendment for that Party, unless and until that source later undergoes substantial modification.
+
+**2 ter.** A Party that was already a Party to the present Protocol prior to the entry into force of an amendment that introduces new limit values applicable to a “new stationary source” may continue to apply the previously applicable limit values to any source the construction or substantial modification of which is commenced before the expiry of two years from the date of entry into force of that amendment for that Party, unless and until that source later undergoes substantial modification.
+
 **3.** Each Party shall apply product control measures in accordance with the conditions and timescales specified in annex VI.
 
 **4.** Each Party should consider applying additional product management measures, taking into consideration annex VII.
 
-**5.** Each Party shall develop and maintain emission inventories for the heavy metals listed in annex I, for those Parties within the geographical scope of EMEP, using as a minimum the methodologies specified by the Steering Body of EMEP, and, for those Parties outside the geographical scope of EMEP, using as guidance the methodologies developed through the work plan of the Executive Body.
+**5.** Each Party shall develop and maintain emission inventories for the heavy metals listed in annex I. Parties within the geographic scope of EMEP shall use the methodologies specified in guidelines prepared by the Steering Body of EMEP and adopted by the Parties at a session of the Executive Body. Parties in areas outside the geographic scope of EMEP shall use as guidance the methodologies developed through the workplan of the Executive Body.
 
 **6.** A Party that, after applying paragraphs 2 and 3 above, cannot achieve the requirements of paragraph 1 above for a heavy metal listed in annex I, shall be exempted from its obligations in paragraph 1 above for that heavy metal.
 
 **7.** Any Party whose total land area is greater than 6,000,000 km2 shall be exempted from its obligations in paragraphs 2 b), (c), and (d) above, if it can demonstrate that, no later than eight years after the date of entry into force of the present Protocol, it will have reduced its total annual emissions of each of the heavy metals listed in annex I from the source categories specified in annex II by at least 50 per cent from the level of emissions from these categories in the reference year specified in accordance with annex I. A Party that intends to act in accordance with this paragraph shall so specify upon signature of, or accession to, the present Protocol.
 
+**8.** Each Party should actively participate in programmes under the Convention on the effects of air pollution on human health and the environment and programmes on atmospheric monitoring and modelling.
+
+### Artikel 3 bis
+
+**1.** Notwithstanding article 3, paragraphs 2 (c) and 2 (d), a Party to the Convention that becomes a Party to the present Protocol between 1 January 2014 and 31 December 2019 may apply flexible transitional arrangements for the implementation of best available techniques and limit values to existing stationary sources in specific stationary source categories under the conditions specified in this article.
+
+**2.**
+
+Any Party electing to apply the flexible transitional arrangements under this article shall indicate in its instrument of ratification, acceptance, approval or accession to the present Protocol the following:
+
+a) The specific stationary source categories listed in annex II for which the Party is electing to apply flexible transitional arrangements, provided that no more than four such categories may be listed;
+b) Stationary sources for which construction or the last substantial modification commenced prior to 1990 or an alternative year of the period 1985–1995 inclusive, specified by a Party upon ratification, acceptance, approval or accession, which are eligible for flexible transitional arrangements as set out in paragraph 5; and
+c) An implementation plan consistent with paragraphs 3 and 4 identifying a timetable for full implementation of the specified provisions.
+
+**3.** A Party shall, as a minimum, apply best available techniques for existing stationary sources in categories 1, 2, 5 and 7 of annex II no later than eight years after the entry into force of the present Protocol for the Party, or 31 December 2022, whichever is sooner, except as provided in paragraph 5.
+
+**4.** In no case may a Party’s application of best available techniques or limit values for any existing stationary sources be postponed past 31 December 2030.
+
+**5.** With respect to any source or sources indicated pursuant to paragraph 2 (b), a Party may decide, no later than eight years after entry into force of the present Protocol for the Party, or 31 December 2022, whichever is sooner, that such source or sources will be closed down. A list of such sources shall be provided as part of the Party’s next report pursuant to paragraph 6. Requirements for application of best available techniques and limit values will not apply to any such source or sources, provided the source or sources are closed down no later than 31 December 2030. For any such source or sources not closed down as of that date, a Party must thereafter apply the best available techniques and limit values applicable to new sources in the applicable source category.
+
+**6.** A Party electing to apply the flexible transitional arrangements under this article shall provide the Executive Secretary of the Commission with triennial reports of its progress towards implementation of best available techniques and limit values to the stationary sources in the stationary source categories identified pursuant to this article. The Executive Secretary of the Commission will make such triennial reports available to the Executive Body.
+
 ### Artikel 4
 
 **1.**
@@ -106,16 +133,21 @@ i) Gathering information on levels of heavy metals in certain products, on the p
 
 Subject to its laws governing the confidentiality of commercial information:
 
-a) Each Party shall report, through the Executive Secretary of the Commission, to the Executive Body, on a periodic basis as determined by the Parties meeting within the Executive Body, information on the measures that it has taken to implement the present Protocol;
-b) Each Party within the geographical scope of EMEP shall report, through the Executive Secretary of the Commission, to EMEP, on a periodic basis to be determined by the Steering Body of EMEP and approved by the Parties at a session of the Executive Body, information on the levels of emissions of the heavy metals listed in annex I, using as a minimum the methodologies and the temporal and spatial resolution specified by the Steering Body of EMEP. Parties in areas outside the geographical scope of EMEP shall make available similar information to the Executive Body if requested to do so. In addition, each Party shall, as appropriate, collect and report relevant information relating to its emissions of other heavy metals, taking into account the guidance on the methodologies and the temporal and spatial resolution of the Steering Body of EMEP and the Executive Body.
+a) Each Party shall report, through the Executive Secretary of the Commission, to the Executive Body, on a periodic basis as determined by the Parties meeting within the Executive Body, information on the measures that it has taken to implement the present Protocol. Moreover:
+
+(i) Where a Party applies different emission reduction strategies under article 3 paragraphs 2 (b), (c) or (d), it shall document the strategies applied and its compliance with the requirements of those paragraphs;
+(ii) Where a Party judges the application of certain limit values, as specified in accordance with article 3, paragraph 2 (d), not to be technically and economically feasible, it shall report and justify this;
+b) Each Party within the geographical scope of EMEP shall report to EMEP, through the Executive Secretary of the Commission, information on the levels of emissions of heavy metals listed in annex I, using the methodologies specified in guidelines prepared by the Steering Body of EMEP and adopted by the Parties at a session of the Executive Body. Parties in areas outside the geographical scope of EMEP shall report available information on levels of emissions of the heavy metals listed in annex I. Each Party shall also provide information on the levels of emissions of the substances listed in annex I for the reference year specified in that annex;
+c) Each Party within the geographical scope of EMEP should report available information to the Executive Body, through the Executive Secretary of the Commission, on its air pollution effects programmes on human health and the environment and atmospheric monitoring and modelling programmes under the Convention using guidelines adopted by the Executive Body;
+d) Parties in areas outside the geographical scope of EMEP should make available information similar to that specified in subparagraph (c), if requested to do so by the Executive Body.
 
 **2.** The information to be reported in accordance with paragraph 1 a) above shall be in conformity with a decision regarding format and content to be adopted by the Parties at a session of the Executive Body. The terms of this decision shall be reviewed as necessary to identify any additional elements regarding the format or the content of the information that is to be included in the reports.
 
-**3.** In good time before each annual session of the Executive Body, EMEP shall provide information on the long-range transport and deposition of heavy metals.
+**3.** Upon the request of and in accordance with timescales decided by the Executive Body, EMEP and other subsidiary bodies shall provide relevant information on the long-range transport and deposition of heavy metals.
 
 ### Artikel 8
 
-EMEP shall, using appropriate models and measurements and in good time before each annual session of the Executive Body, provide to the Executive Body calculations of transboundary fluxes and depositions of heavy metals within the geographical scope of EMEP. In areas outside the geographical scope of EMEP, models appropriate to the particular circumstances of Parties to the Convention shall be used.
+Upon the request of and in accordance with timescales decided by the Executive Body, EMEP and its technical bodies and centres shall, using appropriate models and measurements,, provide to the Executive Body calculations of transboundary fluxes and depositions of heavy metals within the geographical scope of EMEP. In areas outside the geographical scope of EMEP, models appropriate to the particular circumstances of Parties to the Convention shall be used.
 
 ### Artikel 9
 
@@ -139,7 +171,7 @@ ii) Evaluate whether additional emission reductions beyond the levels required b
 iii) Take into account the extent to which a satisfactory basis exists for the application of an effects-based approach;
 c) The procedures, methods and timing for such reviews shall be specified by the Parties at a session of the Executive Body.
 
-**4.** The Parties shall, based on the conclusion of the reviews referred to in paragraph 3 above and as soon as practicable after completion of the review, develop a work plan on further steps to reduce emissions into the atmosphere of the heavy metals listed in annex I.
+**4.** The Parties shall consider, based on the conclusion of the reviews referred to in paragraph 3 above and as soon as practicable after completion of the review, developing a work plan on further steps.
 
 ### Artikel 11
 
@@ -172,16 +204,28 @@ The annexes to the present Protocol shall form an integral part of the Protocol.
 
 **2.** Proposed amendments shall be submitted in writing to the Executive Secretary of the Commission, who shall communicate them to all Parties. The Parties meeting within the Executive Body shall discuss the proposed amendments at its next session, provided that the proposals have been circulated by the Executive Secretary to the Parties at least ninety days in advance.
 
-**3.** Amendments to the present Protocol and to annexes I, II, IV, V and VI shall be adopted by consensus of the Parties present at a session of the Executive Body, and shall enter into force for the Parties which have accepted them on the ninetieth day after the date on which two thirds of the Parties have deposited with the Depositary their instruments of acceptance thereof. Amendments shall enter into force for any other Party on the ninetieth day after the date on which that Party has deposited its instrument of acceptance thereof.
+**3.** Amendments to the present Protocol other than to annexes III and VII shall be adopted by consensus of the Parties present at a session of the Executive Body, and shall enter into force for the Parties which have accepted them on the ninetieth day after the date on which two thirds of those that were Parties at the time of their adoption have deposited with the Depositary their instruments of acceptance thereof. Amendments shall enter into force for any other Party on the ninetieth day after the date on which that Party has deposited its instrument of acceptance thereof.
 
-**4.** Amendments to annexes III and VII shall be adopted by consensus of the Parties present at a session of the Executive Body. On the expiry of ninety days from the date of its communication to all Parties by the Executive Secretary of the Commission, an amendment to any such annex shall become effective for those Parties which have not submitted to the Depositary a notification in accordance with the provisions of paragraph 5 below, provided that at least sixteen Parties have not submitted such a notification.
+**4.** Amendments to annexes III and VII shall be adopted by consensus of the Parties present at a session of the Executive Body. On the expiry of 180 days from the date of its communication to all Parties by the Executive Secretary of the Commission, an amendment to any such annex shall become effective for those Parties which have not submitted to the Depositary a notification in accordance with the provisions of paragraph 5 below, provided that at least sixteen Parties have not submitted such a notification.
 
 **5.**
 
-Any Party that is unable to approve an amendment to annex III or VII shall so notify the Depositary in writing within ninety days from the date of the communication of its adoption.
+Any Party that is unable to approve an amendment to annex III or VII shall so notify the Depositary in writing within 180 days from the date of the communication of its adoption.
 
 The Depositary shall without delay notify all Parties of any such notification received. A Party may at any time substitute an acceptance for its previous notification and, upon deposit of an instrument of acceptance with the Depositary, the amendment to such an annex shall become effective for that Party.
 
+**5 bis.** For those Parties having accepted it, the procedure set out in paragraph 5 ter supersedes the procedure set out in paragraph 3 in respect of amendments to annexes II, IV, V and VI.
+
+**5 ter.**
+
+Amendments to annexes II, IV, V and VI shall be adopted by consensus of the Parties present at a session of the Executive Body. On the expiry of one year from the date of its communication to all Parties by the Executive Secretary of the Commission, an amendment to any such annex shall become effective for those Parties which have not submitted to the Depositary a notification in accordance with the provisions of subparagraph (a):
+
+a) Any Party that is unable to approve an amendment to annexes II, IV, V and VI shall so notify the Depositary in writing within one year from the date of the communication of its adoption. The Depositary shall without delay notify all Parties of any such notification received. A Party may at any time substitute an acceptance for its previous notification and, upon deposit of an instrument of acceptance with the Depositary, the amendment to such an annex shall become effective for that Party;
+b) Any amendment to annexes II, IV, V and VI shall not enter into force if an aggregate number of 16 or more Parties have either:
+
+(i) Submitted a notification in accordance with the provisions of subparagraph (a); or
+(ii) Not accepted the procedure set out in this paragraph and not yet deposited an instrument of acceptance in accordance with the provisions of paragraph 3.
+
 **6.**
 
 In the case of a proposal to amend annex I, VI or VII by adding a heavy metal, a product control measure or a product or product group to the present Protocol:
@@ -203,6 +247,8 @@ b) The Parties shall evaluate the proposal in accordance with the procedures set
 
 **2.** The present Protocol shall be open for accession as from 21 December 1998 by the States and organizations that meet the requirements of article 14, paragraph 1.
 
+**3.** A State or regional economic integration organization shall declare in its instrument of ratification, acceptance, approval or accession if it does not intend to be bound by the procedures set out in article 13, paragraph 5 ter, as regards the amendment of annexes II, IV, V and VI.
+
 ### Artikel 16
 
 The instruments of ratification, acceptance, approval or accession shall be deposited with the Secretary-General of the United Nations, who will perform the functions of Depositary.