rijk/verdrag/protocol-bij-het-verdrag-van-1979-betreffende-grensoverschrijdende-luchtverontre/BWBV0001635/README.md

titel	bwb_id	type	status	datum_inwerkingtreding	bron	citeertitel
Protocol bij het Verdrag van 1979 betreffende grensoverschrijdende luchtverontreiniging over lange afstand inzake vermindering van verzuring, eutrofiëring en ozon op leefniveau	BWBV0001635	verdrag	geldend	2005-05-17	https://wetten.overheid.nl/BWBV0001635	Protocol bij het Verdrag van 1979 betreffende grensoverschrijdende luchtverontreiniging over lange afstand inzake vermindering van verzuring, eutrofiëring en ozon op leefniveau

Protocol bij het Verdrag van 1979 betreffende grensoverschrijdende luchtverontreiniging over lange afstand inzake vermindering van verzuring, eutrofiëring en ozon op leefniveau

Artikel 1

For the purposes of the present Protocol,

1. 1. “Convention” means the Convention on Long-range Transboundary Air Pollution, adopted at Geneva on 13 November 1979; 1 bis. 1 bis. The terms “this Protocol”, “the Protocol” and “the present Protocol” mean the 1999 Protocol to Abate Acidification, Eutrophication and Ground-Level Ozone, as amended from time to time;
2. 2. “EMEP” means the Cooperative Programme for Monitoring and Evaluation of 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. “Commission” means the United Nations Economic Commission for Europe;
5. 5. “Parties” means, unless the context otherwise requires, the Parties to the present Protocol;
6. 6. “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 Cooperative Programme for Monitoring and Evaluation of the Long-range Transmission of Air Pollutants in Europe (EMEP), adopted at Geneva on 28 September 1984;
7. 7. “Emission” means the release of a substance from a point or diffuse source into the atmosphere;
8. 8. “Nitrogen oxides” means nitric oxide and nitrogen dioxide, expressed as nitrogen dioxide (NO2);_2);
9. 9. “Reduced nitrogen compounds” means ammonia and its reaction products, expressed as ammonia (NH_3);
10. “Sulphur” means all sulphur compounds, expressed as sulphur dioxide (SO2);_2);
11. “Volatile organic compounds”, or “VOCs”, means, unless otherwise specified, all organic compounds of an anthropogenic nature, other than methane, that are capable of producing photochemical oxidants by reaction with nitrogen oxides in the presence of sunlight; 11 bis. 11 bis. “Particulate matter” or “PM” is an air pollutant consisting of a mixture of particles suspended in the air. These particles differ in their physical properties (such as size and shape) and chemical composition. Unless otherwise stated, all references to particulate matter in the present Protocol refer to particles with an aerodynamic diameter equal to or less than 10 microns (μm) (PM_10), including those with an aerodynamic diameter equal to or less than 2.5 μm (PM_2.5); 11 ter. 11 ter. “Black carbon” means carbonaceous particulate matter that absorbs light; 11 quater. 11 quater. “Ozone precursors” means nitrogen oxides, volatile organic compounds, methane and carbon monoxide;
12. “Critical load” means a quantitative estimate of an 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;
13. “Critical levels” means concentrations of pollutants in the atmosphere or fluxes to receptors above which direct adverse effects on receptors, such as human beings, plants, ecosystems or materials, may occur, according to present knowledge;
14. “Pollutant emissions management area”, or “PEMA”, means an area designated in annex III under the conditions laid down in article 3, paragraph 9;
15. “Stationary source” means any fixed building, structure, facility, installation or equipment that emits or may emit sulphur, nitrogen oxides, volatile organic compounds, ammonia or particulate matter directly or indirectly into the atmosphere;
16. “New stationary source” means any stationary source of which the construction or substantial modification is commenced after the expiry of one year 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 authorities at the time of entry into force of the Protocol for that Party and provided that the construction or substantial modification is commenced within 5 years of that date. It shall be a matter for the competent national authorities to decide whether a modification is substantial or not, taking account of such factors as the environmental benefits of the modification.

Artikel 2

1.

The objective of the present Protocol is to control and reduce emissions of sulphur, nitrogen oxides, ammonia, volatile organic compounds and particulate matter that are caused by anthropogenic activities and are likely to cause adverse effects on human health and the environment, natural ecosystems, materials, crops and the climate in the short and long term, due to acidification, eutrophication, particulate matter or ground-level ozone as a result of long-range transboundary atmospheric transport, and to ensure, as far as possible, that in the long term and in a stepwise approach, taking into account advances in scientific knowledge, atmospheric depositions or concentrations do not exceed:

a) a) For Parties within the geographical scope of EMEP and Canada, the critical loads of acidity, as described in annex I, that allow ecosystem recovery; b) b) For Parties within the geographical scope of EMEP, the critical loads of nutrient nitrogen, as described in annex I, that allow ecosystem recovery; c) c) For ozone:

        (i)
        For Parties within the geographical scope of EMEP, the critical levels of ozone, as given in annex I;
      
      
        (ii)
        For Canada, the Canadian Ambient Air Quality Standard for ozone; and
      
      
        (iii)
        For the United States of America, the National Ambient Air Quality Standard for ozone.

(i) (i) For Parties within the geographical scope of EMEP, the critical levels of ozone, as given in annex I; (ii) (ii) For Canada, the Canadian Ambient Air Quality Standard for ozone; and (iii) (iii) For the United States of America, the National Ambient Air Quality Standard for ozone. d) d) For particulate matter:

        (i)
        For Parties within the geographical scope of EMEP, the critical levels of particulate matter, as given in annex I;
      
      
        (ii)
        For Canada, the Canadian Ambient Air Quality Standards for particulate matter; and
      
      
        (iii)
        For the United States of America, the National Ambient Air Quality Standards for particulate matter;

(i) (i) For Parties within the geographical scope of EMEP, the critical levels of particulate matter, as given in annex I; (ii) (ii) For Canada, the Canadian Ambient Air Quality Standards for particulate matter; and (iii) (iii) For the United States of America, the National Ambient Air Quality Standards for particulate matter; e) e) For Parties within the geographical scope of EMEP, the critical levels of ammonia, as given in annex I; and f) f) For Parties within the geographical scope of EMEP, the acceptable levels of air pollutants to protect materials, as given in annex I.

2. A further objective is that Parties should, in implementing measures to achieve their national targets for particulate matter, give priority, to the extent they consider appropriate, to emission reduction measures which also significantly reduce black carbon in order to provide benefits for human health and the environment and to help mitigation of near-term climate change.

Artikel 3

1. Each Party having an emission reduction commitment in any table in annex II shall reduce and maintain the reduction in its annual emissions in accordance with that commitment and the timescales specified in that annex. Each Party shall, as a minimum, control its annual emissions of polluting compounds in accordance with the obligations in annex II. In taking steps to reduce emissions of particulate matter, each Party should seek reductions from those source categories known to emit high amounts of black carbon, to the extent it considers appropriate.

2. Subject to paragraphs 2 bis and 2 ter, each Party shall apply the limit values specified in annexes IV, V, VI and X to each new stationary source within a stationary source category as identified in those annexes, no later than the timescales specified in annex VII. As an alternative, a Party may apply different emission reduction strategies that achieve equivalent overall emission levels for all source categories together.

2 bis. A Party that was already a Party to the present Protocol prior to 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 one year 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 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 one year 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, in so far as it is technically and economically feasible and taking into consideration the costs and advantages, apply the limit values specified in annexes IV, V, VI and X to each existing stationary source within a stationary source category as identified in those annexes, no later than the timescales specified in annex VII. As an alternative, a Party may apply different emission reduction strategies that achieve equivalent overall emission levels for all source categories together or, for Parties outside the geographical scope of EMEP, that are necessary to achieve national or regional goals for acidification abatement and to meet national air quality standards.

4. Vervallen.

5. Each Party shall apply the limit values for the fuels and new mobile sources identified in annex VIII, no later than the timescales specified in annex VII.

6. Each Party should apply best available techniques to mobile sources covered by annex VIII and to each stationary source covered by annexes IV, V, VI and X, and, as it considers appropriate, measures to control black carbon as a component of particulate matter, taking into account guidance adopted by the Executive Body.

7. Each Party shall, insofar as it is technically and economically feasible, and taking into consideration the costs and advantages, apply the limit values for VOC contents of products as identified in annex XI in accordance with the timescales specified in annex VII.

8.

Each Party shall, subject to paragraph 10:

a) a) Apply, as a minimum, the ammonia control measures specified in annex IX; and b) b) Apply, where it considers it appropriate, best available techniques for preventing and reducing ammonia emissions, as listed in guidance adopted by the Executive Body. Special attention should be given to reductions of ammonia emissions from significant sources of ammonia for that Party.

9.

Paragraph 10 shall apply to any Party:

a) a) Whose total land area is greater than 2 million square kilometres; b) b) Whose annual emissions of sulphur, nitrogen oxides, ammonia, volatile organic compounds and/or particulate matter contributing to acidification, eutrophication, ozone formation or increased levels of particulate matter in areas under the jurisdiction of one or more other Parties originate predominantly from within an area under its jurisdiction that is listed as a PEMA in annex III, and which has presented documentation in accordance with subparagraph c) to this effect; c) c) Which has submitted upon signature, ratification, acceptance or approval of, or accession to, the present Protocol a description of the geographical scope of one or more PEMAs for one or more pollutants, with supporting documentation, for inclusion in annex III; and d) d) Which has specified upon signature, ratification, acceptance or approval of, or accession to, the present Protocol its intention to act in accordance with this paragraph.

10.

A Party to which this paragraph applies shall:

a) a) If within the geographical scope of EMEP, be required to comply with the provisions of this article and annex II only within the relevant PEMA for each pollutant for which a PEMA within its jurisdiction is included in annex III; or b) b) If not within the geographical scope of EMEP, be required to comply with the provisions of paragraphs 1, 2, 3, 5, 6 and 7 and annex II, only within the relevant PEMA for each pollutant (nitrogen oxides, sulphur, volatile organic compounds and/or particulate matter) for which a PEMA within its jurisdiction is included in annex III, and shall not be required to comply with paragraph 8 anywhere within its jurisdiction.

11. Canada and the United States of America shall, upon ratification, acceptance or approval of, or accession to the present Protocol or the amendment contained in decision 2012/2 submit to the Executive Body their respective emission reduction commitments with respect to sulphur, nitrogen oxides, volatile organic compounds and particulate matter for automatic incorporation into annex II.

11 bis. Canada shall also upon ratification, acceptance or approval of, or accession to the present Protocol, submit to the Executive Body relevant limit values for automatic incorporation into annexes IV, V, VI, VIII, X and XI.

11 ter. Each Party shall develop and maintain inventories and projections for the emissions of sulphur dioxide, nitrogen oxides, ammonia, volatile organic compounds, and particulate matter. 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.

11 quater. Each Party should actively participate in programmes under the Convention on the effects of air pollution on human health and the environment.

11 quinquies. For the purposes of comparing national emission totals with emission reduction commitments as set out in paragraph 1, a Party may use a procedure specified in a decision of the Executive Body. Such a procedure shall include provisions on the submission of supporting documentation and on review of the use of the procedure.

12. The Parties shall, subject to the outcome of the first review provided for under article 10, paragraph 2, and no later than one year after completion of that review, commence negotiations on further obligations to reduce emissions.

Artikel 3 bis

1. Notwithstanding article 3, paragraphs 2, 3, 5 and 6, a Party to the Convention that becomes a Party to the present Protocol between January 1, 2013, and December 31, 2019, may apply flexible transitional arrangements for the implementation of limit values specified in annexes VI and/or VIII 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 or approval of or accession to the present Protocol the following:

a) a) the specific provisions of annex VI and/or VIII for which the Party is electing to apply flexible transitional arrangements; and b) b) an implementation plan identifying a timetable for full implementation of the specified provisions.

3. An implementation plan under paragraph 2 (b) shall, at a minimum, provide for implementation of the limit values for new and existing stationary sources specified in Tables 1 and 5 of annex VI and Tables 1, 2, 3, 13 and 14 of annex VIII no later than eight years after entry into force of the present Protocol for the Party, or December 31, 2022, whichever is sooner.

4. In no case may a Party’s implementation of any limit values for new and existing stationary sources specified in annex VI or annex VIII be postponed past December 31, 2030.

5. A Party electing to apply the flexible transitional arrangements under this article shall provide the Executive Secretary of the Commission with a triennial report of its progress towards implementation of annex VI and/or annex VIII. The Executive Secretary of the Commission will make such triennial reports available to the Executive Body.

Artikel 4

1.

Each Party shall, in a manner consistent with its laws, regulations and practices and in accordance with its obligations in the present Protocol, create favourable conditions to facilitate the exchange of information, technologies and techniques, with the aim of reducing emissions of sulphur, nitrogen oxides, ammonia, volatile organic compounds and particulate matter, including black carbon by promoting inter alia:

a) a) The development and updating of databases on best available techniques, including those that increase energy efficiency, low emission burners, good environmental practice in agriculture and measures that are known to mitigate emissions of black carbon as a component of particulate matter; b) b) The exchange of information and experience in the development of less polluting transport systems; c) c) Direct industrial contacts and cooperation, including joint ventures; and d) d) The provision of technical assistance.

2. In promoting the activities specified in paragraph 1, each Party shall create favourable conditions for the facilitation of contacts and cooperation among appropriate organizations and individuals in the private and public sectors that are capable of providing technology, design and engineering services, equipment or finance.

Artikel 5

1.

Each Party shall, in a manner consistent with its laws, regulations and practices, promote the provision of information to the general public, including information on:

a) a) National annual emissions of sulphur, nitrogen oxides, ammonia, volatile organic compounds and particulate matter, including black carbon and progress towards compliance with the emission reduction commitments and other obligations referred to in article 3; b) b) Depositions and concentrations of the relevant pollutants and, where applicable, these depositions and concentrations in relation to critical loads and levels referred to in article 2; c) c) Levels of ground-level ozone and particulate matter; d) d) Strategies and measures applied or to be applied to reduce air pollution problems dealt with in the present Protocol and set out in article 6; and e) e) The environmental and human health improvements associated with attaining emission reduction commitments for 2020 and beyond as listed in annex II. For countries within the geographical scope of EMEP, information on such improvements will be presented in guidance adopted by the Executive Body.

2.

Furthermore, each Party may make information widely available to the public with a view to minimizing emissions, including information on:

a) a) Less polluting fuels, renewable energy and energy efficiency, including their use in transport; b) b) Volatile organic compounds in products, including labelling; c) c) Management options for wastes containing volatile organic compounds that are generated by the public; d) d) Good agricultural practices to reduce emissions of ammonia; e) e) Human health, environmental and climate effects associated with reduction of the pollutants covered by the present Protocol; and f) f) Steps which individuals and industries may take to help reduce emissions of the pollutants covered by the present Protocol.

Artikel 6

1.

Each Party shall, as necessary and on the basis of sound scientific and economic criteria, in order to facilitate the implementation of its obligations under article 3:

a) a) Adopt supporting strategies, policies and programmes without undue delay after the present Protocol enters into force for it; b) b) Apply measures to control and reduce its emissions of sulphur, nitrogen oxides, ammonia, volatile organic compounds and particulate matter; c) c) Apply measures to encourage the increase of energy efficiency and the use of renewable energy; d) d) Apply measures to decrease the use of polluting fuels; e) e) Develop and introduce less polluting transport systems and promote traffic management systems to reduce overall emissions from road traffic; f) f) Apply measures to encourage the development and introduction of low-polluting processes and products, taking into account guidance adopted by the Executive Body; g) g) Encourage the implementation of management programmes to reduce emissions, including voluntary programmes, and the use of economic instruments, taking into account guidance adopted by the Executive Body; h) h) Implement and further elaborate policies and measures in accordance with its national circumstances, such as the progressive reduction or phasing-out of market imperfections, fiscal incentives, tax and duty exemptions and subsidies in all sectors that emit sulphur, nitrogen oxides, ammonia, volatile organic compounds and particulate matter which run counter to the objective of the Protocol, and apply market instruments; and i) i) Apply measures, where cost-effective, to reduce emissions from waste products containing volatile organic compounds.

2.

Each Party shall collect and maintain information on:

a) a) Ambient concentrations and depositions of sulphur and nitrogen compounds; b) b) Ambient concentrations of ozone, volatile organic compounds and particulate matter; and c) c) If practicable, estimates of exposure to ground-level ozone and particulate matter.

Each Party shall, if practicable, also collect and maintain information on the effects of all of these pollutants on human health, terrestrial and aquatic ecosystems, materials and the climate. Parties within the geographic scope of EMEP should use guidelines adopted by the Executive Body. Parties outside the geographic scope of EMEP should use as guidance the methodologies developed through the workplan of the Executive Body.

2 bis. Each Party should, to the extent it considers appropriate, also develop and maintain inventories and projections for emissions of black carbon, using guidelines adopted by the Executive Body.

3. Any Party may take more stringent measures than those required by the present Protocol.

Artikel 7

1.

Subject to its laws and regulations and in accordance with its obligations under the present Protocol:

a) 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 at a session of 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 and 3, it shall document the strategies applied and its compliance with the requirements of those paragraphs;
      
      
        (ii)
        Where a Party judges certain limit values, as specified in accordance with article 3, paragraphs 3 and 7, not to be technically and economically feasible, taking into consideration the costs and advantages, it shall report and justify this;

i) i) Where a Party applies different emission reduction strategies under article 3, paragraphs 2 and 3, it shall document the strategies applied and its compliance with the requirements of those paragraphs; (ii) (ii) Where a Party judges certain limit values, as specified in accordance with article 3, paragraphs 3 and 7, not to be technically and economically feasible, taking into consideration the costs and advantages, it shall report and justify this; b) b) Each Party within the geographical scope of EMEP shall report to EMEP through the Executive Secretary of the Commission the following information for the emissions of sulphur dioxide, nitrogen oxides, ammonia, volatile organic compounds and particulate matter, on the basis of guidelines prepared by the Steering Body of EMEP and adopted by the Executive Body:

        (i)
        Levels of emissions using, as a minimum, the methodologies and the temporal and spatial resolution specified by the Steering Body of EMEP;
      
      
        (ii)
        Levels of emissions in the reference year specified in annex II using the same methodologies and temporal and spatial resolution;
      
      
        (iii)
        Data on projected emissions; and
      
      
        (iv)
        An Informative Inventory Report containing detailed information on reported emission inventories and emission projections;

(i) (i) Levels of emissions using, as a minimum, the methodologies and the temporal and spatial resolution specified by the Steering Body of EMEP; (ii) (ii) Levels of emissions in the reference year specified in annex II using the same methodologies and temporal and spatial resolution; (iii) (iii) Data on projected emissions; and (iv) (iv) An Informative Inventory Report containing detailed information on reported emission inventories and emission projections; b bis) b bis) 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; c) c) Parties in areas outside the geographical scope of EMEP shall report available information on levels of emissions, including for the reference year specified in annex II and appropriate to the geographic area covered by its emission reduction commitments. Parties in areas outside the geographic scope of EMEP should make available information similar to that specified in subparagraph (b bis), if requested to do so by the Executive Body. d) d) Each Party should also report, where available, its emissions inventories and projections for emissions of black carbon, using guidelines adopted by the Executive Body.

2. The information to be reported in accordance with paragraph 1 (a) 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.

Upon the request of and in accordance with the timescales decided by the Executive Body, EMEP and other subsidiary bodies shall provide the Executive Body with relevant information on:

a) a) Ambient concentrations and depositions of sulphur and nitrogen compounds as well as, where available, ambient concentrations of particulate matter including black carbon, volatile organic compounds and ozone; and b) b) Calculations of sulphur and oxidized and reduced nitrogen budgets and relevant information on the long-range transport of particulate matter, ground-level ozone and their precursors; c) c) Adverse effects on human health, natural ecosystems, materials and crops, including interactions with climate change and the environment related to the substances covered by the present Protocol, and progress in achieving human health and environmental improvements as described in guidance adopted by the Executive Body; and d) d) The calculation of nitrogen budgets, nitrogen use efficiency and nitrogen surpluses and their improvements within the geographical area of EMEP, using guidance adopted by the Executive Body.

4. The Executive Body shall, in accordance with article 10, paragraph 2 (b), of the Convention, arrange for the preparation of information on the effects of depositions of sulphur and nitrogen compounds and concentrations of ozone and particulate matter.

5. The Parties shall, at sessions of the Executive Body, arrange for the preparation, at regular intervals, of revised information on calculated and internationally optimized allocations of emission reductions for the States within the geographical scope of EMEP, using integrated assessment models, including atmospheric transport models, with a view to reducing further, for the purposes of article 3, paragraph 1, the difference between actual depositions of sulphur and nitrogen compounds and critical load values as well as the difference between actual ozone and particulate matter concentrations and the critical levels of ozone and particulate matter specified in annex I, or such alternative assessment methods as approved by the Parties at a session of the Executive Body.

6.

Notwithstanding article 7.1 (b), a Party may request the Executive Body for permission to report a limited inventory for a particular pollutant or pollutants if:

a) a) The Party did not previously have reporting obligations under the present Protocol or any other protocol for that pollutant; and b) b) The limited inventory of the Party includes, at a minimum, all large point sources of the pollutant or pollutants within the Party or a relevant PEMA.

The Executive Body shall grant such a request annually for up to five years after entry into force of the present Protocol for a Party, but in no case for reporting of emissions for any year after 2019. Such a request will be accompanied by information on progress toward developing a more complete inventory as part of the Party’s annual reporting.

Artikel 8

The Parties shall encourage research, development, monitoring and cooperation related to:

a) a) The international harmonization of methods for the calculation and assessment of the adverse effects associated with the substances addressed by the present Protocol for use in establishing critical loads and critical levels and, as appropriate, the elaboration of procedures for such harmonization; b) b) The improvement of emission databases, in particular those on particulate matter, including black carbon, ammonia and volatile organic compounds; c) c) The improvement of monitoring techniques and systems and of the modelling of transport, concentrations and depositions of sulphur, nitrogen compounds, volatile organic compounds and particulate matter, including black carbon, as well as of the formation of ozone and secondary particulate matter; d) d) The improvement of the scientific understanding of the long-term fate of emissions and their impact on the hemispheric background concentrations of sulphur, nitrogen, volatile organic compounds, ozone and particulate matter, focusing, in particular, on the chemistry of the free troposphere and the potential for intercontinental flow of pollutants; d bis) d bis) The improvement of the scientific understanding of the potential co-benefits for climate change mitigation associated with potential reduction scenarios for air pollutants (such as methane, carbon monoxide and black carbon) which have nearterm radiative forcing and other climate effects; e) e) The further elaboration of an overall strategy to reduce the adverse effects of acidification, eutrophication, photochemical pollution and particulate matter, including synergisms and combined effects; f) f) Strategies for the further reduction of emissions of sulphur, nitrogen oxides, ammonia, volatile organic compounds and other ozone precursors, and particulate matter based on critical loads and critical levels as well as on technical developments, and the improvement of integrated assessment modelling to calculate internationally optimized allocations of emission reductions taking into accountthe need to avoid excessive costs for any Party. Special emphasis should be given to emissions from agriculture and transport; g) g) The identification of trends over time and the scientific understanding of the wider effects of sulphur, nitrogen, volatile organic compounds and particulate matter and photochemical pollution on human health, the environment, in particular acidification and eutrophication, and materials, especially historic and cultural monuments, taking into account the relationship between sulphur oxides, nitrogen oxides, ammonia, volatile organic compounds, particulate matter and ground-level ozone; h) h) Emission abatement technologies, and technologies and techniques to improve energy efficiency, energy conservation and the use of renewable energy; i) i) The efficacy of ammonia control techniques for farms and their impact on local and regional deposition; j) j) The management of transport demand and the development and promotion of less polluting modes of transport; k) k) The quantification and, where possible, economic evaluation of benefits for the environment, human health and the impacts on climate resulting from the reduction of emissions of sulphur, nitrogen oxides, ammonia, volatile organic compounds and particulate matter; and l) l) The development of tools for making the methods and results of this work widely applicable and available.

Artikel 9

Compliance by each Party with its obligations under the present Protocol shall be reviewed regularly. The Implementation Committee established by decision 1997/2 of the Executive Body at its fifteenth session shall carry out such reviews and report to the Parties at a session of the Executive Body in accordance with the terms of the annex to that decision, including any amendments thereto.

Artikel 10

1. The Parties shall, at sessions of the Executive Body, pursuant to article 10, paragraph 2 a), of the Convention, review the information supplied by the Parties, EMEP and subsidiary bodies of the Executive Body, the data on the effects of concentrations and depositions of sulphur, nitrogen compounds and particulate matter and of photochemical pollution as well as the reports of the Implementation Committee referred to in article 9 above.

2. a) a) The Parties shall, at sessions of the Executive Body, keep under review the obligations set out in the present Protocol, including:

        (i)
        Their obligations in relation to their calculated and internationally optimized allocations of emission reductions referred to in article 7, paragraph 5, above; and
      
      
        (ii)
        The adequacy of the obligations and the progress made towards the achievement of the objective of the present Protocol;

(i) (i) Their obligations in relation to their calculated and internationally optimized allocations of emission reductions referred to in article 7, paragraph 5, above; and (ii) (ii) The adequacy of the obligations and the progress made towards the achievement of the objective of the present Protocol; b) b) Reviews shall take into account the best available scientific information on the effects of acidification, eutrophication and photochemical pollution, including assessments of all relevant human health effects, climate co-benefits, critical levels and loads, the development and refinement of integrated assessment models, technological developments, changing economic conditions, progress made on the databases on emissions and abatement techniques, especially related to particulate matter, ammonia and volatile organic compounds, and the fulfilment of the obligations on emission levels; c) c) The procedures, methods and timing for such reviews shall be specified by the Parties at a session of the Executive Body. The first such review shall commence no later than one year after the present Protocol enters into force.

3. The Executive Body shall include in its reviews under this article an evaluation of mitigation measures for black carbon emissions, no later than at the second session of the Executive Body after entry into force of the amendment contained in decision 2012/2.

4. The Parties shall, no later than at the second session of the Executive Body after entry into force of the amendment contained in decision 2012/2, evaluate ammonia control measures and consider the need to revise annex IX.

Artikel 11

1. In the event of a dispute between any two or more Parties concerning the interpretation or application of the present Protocol, the parties concerned shall seek a settlement of the dispute through negotiation or any other peaceful means of their own choice. The parties to the dispute shall inform the Executive Body of their dispute.

2.

When ratifying, accepting, approving or acceding to the present Protocol, or at any time thereafter, a Party which is not a regional economic integration organization may declare in a written instrument submitted to the Depositary that, in respect of any dispute concerning the interpretation or application of the Protocol, it recognizes one or both of the following means of dispute settlement as compulsory ipso facto and without special agreement, in relation to any Party accepting the same obligation:ipso facto and without special agreement, in relation to any Party accepting the same obligation:

a) a) Submission of the dispute to the International Court of Justice; b) b) Arbitration in accordance with procedures to be adopted by the Parties at a session of the Executive Body, as soon as practicable, in an annex on arbitration.

A Party which is a regional economic integration organization may make a declaration with like effect in relation to arbitration in accordance with the procedures referred to in subparagraph b).

3. A declaration made under paragraph 2 shall remain in force until it expires in accordance with its terms or until three months after written notice of its revocation has been deposited with the Depositary.

4. A new declaration, a notice of revocation or the expiry of a declaration shall not in any way affect proceedings pending before the International Court of Justice or the arbitral tribunal, unless the parties to the dispute agree otherwise.

5. Except in a case where the parties to a dispute have accepted the same means of dispute settlement under paragraph 2, if after twelve months following notification by one party to another that a dispute exists between them, the parties concerned have not been able to settle their dispute through the means mentioned in paragraph 1, the dispute shall be submitted, at the request of any of the parties to the dispute, to conciliation.

6. For the purpose of paragraph 5, a conciliation commission shall be created. The commission shall be composed of an equal number of members appointed by each party concerned or, where parties in conciliation share the same interest, by the group sharing that interest, and a chairperson chosen jointly by the members so appointed. The commission shall render a recommendatory award, which the parties to the dispute shall consider in good faith.

Artikel 12

The annexes to the present Protocol shall form an integral part of the Protocol.

Artikel 13

1. Any Party to the Convention may propose an adjustment to annex II to the present Protocol to add to it its name, together with emission levels, emission ceilings and percentage emission reductions.

2. Any Party may propose an adjustment of its emission reduction commitments already listed in annex II. Such a proposal must include supporting documentation, and shall be reviewed, as specified in a decision of the Executive Body. This review shall take place prior to the proposal being discussed by the Parties in accordance with paragraph 4.

3. Any Party eligible under article 3, paragraph 9, may propose an adjustment to annex III to add one or more PEMAs or make changes to a PEMA under its jurisdiction that is listed in that annex.

4. Proposed adjustments shall be submitted in writing to the Executive Secretary of the Commission, who shall communicate them to all Parties. The Parties shall discuss the proposed adjustments at the next session of the Executive Body, provided that those proposals have been circulated by the Executive Secretary to the Parties at least ninety days in advance.

5. Adjustments shall be adopted by consensus of the Parties present at a session of the Executive Body and shall become effective for all Parties to the present Protocol on the ninetieth day following the date on which the Executive Secretary of the Commission notifies those Parties in writing of the adoption of the adjustment.

Artikel 13 bis

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 Parties shall discuss the proposed amendments at the next session of the Executive Body, provided that those proposals have been circulated by the Executive Secretary to the Parties at least ninety days in advance.

3.

Amendments to the present Protocol other than to annexes I and III 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 I and III to the present Protocol shall be adopted by consensus of the Parties present at a session of the Executive Body. On the expiry of one hundred and eighty 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, provided that at least sixteen Parties have not submitted such a notification.

5. Any Party that is unable to approve an amendment to annexes I and/or III, shall so notify the Depositary in writing within ninety 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.

6. For those Parties having accepted it, the procedure set out in paragraph 7supersedes the procedure set out in paragraph 3 in respect of amendments to annexes IV to XI.

7.

Amendments to annexes IV to XI 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) a) Any Party that is unable to approve an amendment to annexes IV to XI 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) b) Any amendment to annexes IV to XI shall not enter into force if an aggregate number of sixteen 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.

(i) (i) Submitted a notification in accordance with the provisions of subparagraph (a); or (ii) (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.

Artikel 14

1. The present Protocol shall be open for signature at Gothenburg (Sweden) on 30 November and 1 December 1999, then at United Nations Headquarters in New York until 30 May 2000, by States members 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 and are listed in annex II.

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 15

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 31 May 2000 by the States and organizations that meet the requirements of article 14, paragraph 1.

3. The instruments of ratification, acceptance, approval or accession shall be deposited with the Depositary.

4. A State or Regional Economic Integration Organisation 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 13bis, paragraph 7, as regards the amendment of annexes IV – XI.

Artikel 16

The Secretary-General of the United Nations shall be the Depositary.

Artikel 17

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 with the Depositary.

2. For each State and organization that meets the requirements of article 14, 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 of ratification, acceptance, approval or accession.

Artikel 18

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 18 bis

When all of the Parties to any of the following Protocols have deposited their instruments of ratification, acceptance, approval of or accession to the present Protocol with the Depository in accordance with article 15, that Protocol shall be considered as terminated:

a) a) The 1985 Helsinki Protocol on the Reduction of Sulphur Emissions or their Transboundary Fluxes by at least 30 per cent; b) b) The 1988 Sofia Protocol concerning the Control of Emissions of Nitrogen Oxides or their Transboundary Fluxes; c) c) The 1991 Geneva Protocol concerning the Control of Emissions of Volatile Organic Compounds or their Transboundary Fluxes; d) d) The 1994 Oslo Protocol on Further Reduction of Sulphur Emissions.

Artikel 19

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.