rijk/verdrag/protocol-bij-het-verdrag-van-1979-betreffende-grensoverschrijdende-luchtverontre/BWBV0002775

titel	bwb_id	type	status	datum_inwerkingtreding	bron	citeertitel
Protocol bij het Verdrag van 1979 betreffende grensoverschrijdende luchtverontreiniging over lange afstand inzake de beheersing van emissies van stikstofoxyden of van de grensoverschrijdende stromen van deze stikstofverbindingen	BWBV0002775	verdrag	geldend	1991-02-14	https://wetten.overheid.nl/BWBV0002775	Protocol bij het Verdrag van 1979 betreffende grensoverschrijdende luchtverontreiniging over lange afstand inzake de beheersing van emissies van stikstofoxyden of van de grensoverschrijdende stromen van deze stikstofverbindingen

Protocol bij het Verdrag van 1979 betreffende grensoverschrijdende luchtverontreiniging over lange afstand inzake de beheersing van emissies van stikstofoxyden of van de grensoverschrijdende stromen van deze stikstofverbindingen

Artikel 1

For the purposes of the present Protocol,

1. 1. "Convention" means the Convention on Long-range Transboundary Air Pollution, adopted in Geneva on 13 November 1979;
2. 2. "EMEP" means the Co-operative Programme for Monitoring and Evaluation of the Long-range Transmission of Air Pollutants in Europe;
3. 3. "Executive Body" means the Executive Body for the Convention constituted under article 10, paragraph 1 of the Convention;
4. 4. "Geographical scope of EMEP" means the area defined in article 1, paragraph 4 of the Protocol to the 1979 Convention on Long-range Transboundary Air Pollution on Long-term Financing of the Co-operative Programme for Monitoring and Evaluation of the Long-range Transmission of Air Pollutants in Europe (EMEP), adopted in Geneva on 28 September 1984;
5. 5. "Parties" means, unless the context otherwise requires, the Parties to the present Protocol;
6. 6. "Commission" means the United Nations Economic Commission for Europe;
7. 7. "Critical load" means a quantitative estimate of the exposure to one or more pollutants below which significant harmful effects on specified sensitive elements of the environment do not occur according to present knowledge;
8. 8. "Major existing stationary source" means any existing stationary source the thermal input of which is at least 100 MW;
9. 9. "Major new stationary source" means any hew stationary source the thermal input of which is at least 50 MW;
10. "Major source category" means any category of sources which emit or may emit air pollutants in the form of nitrogen oxides, including the categories described in the Technical Annex, and which contribute at least 10 per cent of the total national emissions of nitrogen oxides on an annual basis as measured or calculated in the first calendar year after the date of entry into force of the present Protocol, and every fourth year thereafter;
11. "New stationary source" means any stationary source the construction or substantial modification of which is commenced after the expiration of two years from the date of entry into force of this Protocol;
12. "New mobile source" means a motor vehicle or other mobile source which is manufactured after the expiration of two years from the date of entry into force of the present Protocol.

Artikel 2

1. The Parties shall, as soon as possible and as a first step, take effective measures to control and/or reduce their national annual emissions of nitrogen oxides or their transboundary fluxes so that these, at the latest by 31 December 1994, do not exceed their national annual emissions of nitrogen oxides or transboundary fluxes of such emissions for the calendar year 1987 or any previous year to be specified upon signature of, or accession to, the Protocol, provided that in addition, with respect to any Party specifying such a previous year, its national average annual transboundary fluxes or national average annual emissions of nitrogen oxides for the period from 1 January 1987 to 1 January 1996 do not exceed its transboundary fluxes or national emissions for the calendar year 1987.

2.

Furthermore, the Parties shall in particular, and no later than two years after the date of entry into force of the present Protocol:

(a) (a) Apply national emissions standards to major new stationary sources and/or source categories, and to substantially modified stationary sources in major source categories, based on the best available technologies which are economically feasible, taking into consideration the Technical Annex; (b) (b) Apply national emission standards to new mobile sources in all major source categories based on the best available technologies which are economically feasible, taking into consideration the Technical Annex and the relevant decisions taken within the framework of the Inland Transport Committee of the Commission; and (c) (c) Introduce pollution control measures for major existing stationary sources, taking into consideration the Technical Annex and the characteristics of the plant, its age and its rate of utilization and the need to avoid undue operational disruption.

3. (a) (a) The Parties shall, as a second step, commence negotiations, no later than six months after the date of entry into force of the present Protocol, on further steps to reduce national annual emissions of nitrogen oxides or transboundary fluxes of such emissions, taking into account the best available scientific and technological developments, internationally accepted critical loads and other elements resulting from the work programme undertaken under article 6. (b) (b) To this end, the Parties shall co-operate in order to establish:

        (i)
        Critical loads;
      
      
        (ii)
        Reductions in national annual emissions of nitrogen oxides or transboundary fluxes of such emissions as required to achieve agreed objectives based on critical loads; and
      
      
        (iii)
        Measures and a time-table commencing no later than 1 January 1996 for achieving such reductions.

(i) (i) Critical loads; (ii) (ii) Reductions in national annual emissions of nitrogen oxides or transboundary fluxes of such emissions as required to achieve agreed objectives based on critical loads; and (iii) (iii) Measures and a time-table commencing no later than 1 January 1996 for achieving such reductions.

4. Parties may take more stringent measures than those required by the present article.

Artikel 3

1.

The Parties shall, consistent with their national laws, regulations and practices, facilitate the exchange of technology to reduce emissions of nitrogen oxides, particularly through the promotion of:

(a) (a) Commercial exchange of available technology; (b) (b) Direct industrial contacts and co-operation, including joint ventures; (c) (c) Exchange of information and experience; and (d) (d) Provision of technical assistance.

2. In promoting the activities specified in subparagraphs (a) to (d) above, the Parties shall create favourable conditions by facilitating contacts and co-operation among appropriate organizations and individuals in the private and public sectors that are capable of providing technology, design and engineering services, equipment or finance.

3. The Parties shall, no later than six months after the date of entry into force of the present Protocol, commence consideration of procedures to create more favourable conditions for the exchange of technology to reduce emissions of nitrogen oxides.

Artikel 4

The Parties shall, as soon as possible and no later than two years after the date of entry into force of the present Protocol, make unleaded fuel sufficiently available, in particular cases as a minimum along main international transit routes, to facilitate the circulation of vehicles equipped with catalytic converters.

Artikel 5

1. The Parties shall regularly review the present Protocol, taking into account the best available secientific substantiation and technological development.

2. The first review shall take place no later than one year after the date of entry into force of the present Protocol.

Artikel 6

The Parties shall give high priority to research and monitoring related to the development and application of an approach based on critical loads to determine, on a scientific basis, necessary reductions in emissions of nitrogen oxides. The Parties shall, in particular, through national research programmes, in the work plan of the Executive Body and through other co-operative programmes within the framework of the Convention, seek to:

(a) (a) Identify and quantify effects of emissions of nitrogen oxides on humans, plant and animal life, waters, soils and materials, taking into account the impact on these of nitrogen oxides from sources other than atmospheric deposition; (b) (b) Determine the geographical distribution of sensitive areas; (c) (c) Develop measurements and model calculations including harmonized methodologies for the calculation of emissions, to quantify the long-range transport of nitrogen oxides and related pollutants; (d) (d) Improve estimates of the performance and costs of technologies for control of emissions of nitrogen oxides and record the development of improved and new technologies; and (e) (e) Develop, in the context of an approach based on critical loads, methods to integrate scientific, technical and economic data in order to determine appropriate control strategies.

Artikel 7

The Parties shall develop without undue delay national programmes, policies and strategies to implement the obligations under the present Protocol that shall serve as a means of controlling and reducing emissions of nitrogen oxides or their transboundary fluxes.

Artikel 8

1.

The Parties shall exchange information by notifying the Executive Body of the national programmes, policies and strategies that they develop in accordance with article 7 and by reporting to it annually on progress achieved under, and any changes to, those programmes, policies and strategies, and in particular on:

(a) (a) The levels of national annual emissions of nitrogen oxides and the basis upon which they have been calculated; (b) (b) Progress in applying national emission standards required under article 2, subparagraphs 2 (a) and 2 (b), and the national emission standards applied or to be applied, and the sources and/or source categories concerned; (c) (c) Progress in introducing the pollution control measures required under article 2, subparagraph 2 (c), the sources concerned and the measures introduced or to be introduced; (d) (d) Progress in making unleaded fuel available; (e) (e) Measures taken to facilitate the exchange of technology; and (f) (f) Progress in establishing critical loads.

2. Such information shall, as far as possible, be submitted in accordance with a uniform reporting framework.

Artikel 9

EMEP shall, utilizing appropriate models and in good time before the annual meetings of the Executive Body, provide to the Executive Body calculations of nitrogen budgets and also of transboundary fluxes and deposition of nitrogen oxides 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 therein shall be used.

Artikel 10

The Technical Annex to the present Protocol is recommendatory in character. It shall form an integral part of the Protocol.

Artikel 11

1. Any Party may propose amendments to the present Protocol.

2. Proposed amendments shall be submitted in writing to the Executive Secretary of the Commission who shall communicate them to all Parties. The Executive Body shall discuss the proposed amendments at its next annual meeting provided that these proposals have been circulated by the Executive Secretary to the Parties at least ninety days in advance.

3. Amendments to the Protocol, other than amendments to its Technical Annex, shall be adopted by consensus of the Parties present at a meeting 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 their instruments of acceptance thereof. Amendments shall enter into force for any Party which has accepted them after two-thirds of the Parties have deposited their instruments of acceptance of the amendment, on the ninetieth day after the date on which that Party deposited its instrument of acceptance of the amendments.

4. Amendments to the Technical Annex shall be adopted by consensus of the Parties present at a meeting of the Executive Body and shall become effective thirty days after the date on which they have been communicated in accordance with paragraph 5 below.

5. Amendments under paragraph 3 and 4 above shall, as soon as possible after their adoption, be communicated by the Executive Secretary to all Parties.

Artikel 12

If a dispute arises between two or more Parties as to the interpretation or application of the present Protocol, they shall seek a solution by negotiation or by any other method of dispute settlement acceptable to the parties to the dispute.

Artikel 13

1. The present Protocol shall be open for signature at Sofia from 1 November 1988 until 4 November 1988 inclusive, then at the Headquarters of the United Nations in New York until 5 May 1989, by the member States of the Commission as well as States having consultative status with the Commission, pursuant to paragraph 8 of Economic and Social Council resolution 36 (IV) of 28 March 1947, and by regional economic integration organizations, constituted by sovereign States members of the Commission, which have competence in respect of the negotiation, conclusion and application of international agreements in matters covered by the Protocol, provided that the States and organizations concerned are Parties to the Convention.

2. In matters within their competence, such regional economic integration organizations shall, on their own behalf, exercise the rights and fulfil the responsibilities which the present Protocol attributes to their member States. In such cases, the member States of these organizations shall not be entitled to exercise such rights individually.

Artikel 14

1. The present Protocol shall be subject to ratification, acceptance or approval by Signatories.

2. The present Protocol shall be open for accession as from 6 May 1989 by the States and organizations referred to in article 13, paragraph 1.

3. A State or organization which accedes to the present Protocol after 31 December 1993 may implement articles 2 and 4 no later than 31 December 1995.

4. 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.

Artikel 15

1. The present Protocol shall enter into force on the ninetieth day following the date on which the sixteenth instrument of ratification, acceptance, approval or accession has been deposited.

2. For each State and organization referred to in article 13, paragraph 1, which ratifies, accepts or approves the present Protocol or accedes thereto after the deposit of the sixteenth instrument of ratification, acceptance, approval, or accession, the Protocol shall enter into force on the ninetieth day following the date of deposit by such Party of its instrument or ratification, acceptance, approval, or accession.

Artikel 16

At any time after five years from the date on which the present Protocol has come into force with respect to a Party, that Party may withdraw from it by giving written notification to the depositary. Any such withdrawal shall take effect on the ninetieth day following the date of its receipt by the depositary, or on such later date as may be specified in the notification of the withdrawal.

Artikel 17

The original of the present Protocol, of which the English, French and Russian texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.