25 MAI 2005. - An Act to approve the Protocol to the Convention on Long-range Transboundary Air Pollution of 1979 on Persistent Organic Pollutants and Annexes to Aarhus on 24 June 1998 (1) (2)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Protocol to the Convention on Long-range Transboundary Air Pollution, 1979, on Persistent Organic Pollutants, and the Annexes, made in Aarhus on 24 June 1998, will emerge their full and full effect.
Amendments to Annexes V and VII of the Protocol, which will be adopted pursuant to Article 14 of the Protocol, without Belgium opposing their adoption, will emerge their full and full effect.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 25 May 2005.
ALBERT
By the King:
Minister of Foreign Affairs,
K. DE GUCHT
Minister of Economy, Energy and Science Policy,
Mr. VERWILGHEN
Minister of Public Health,
R. DEMOTTE
Minister of Agriculture,
Mrs. S. LARUELLE
Minister of the Environment,
B. TOBBACK
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Notes
(1) Session 2004-2005
Senate.
Documents. - Bill tabled on 14 December 2004, No. 3-956/1. Report, no. 3-956/2.
Annales parliamentarians. - Discussion and voting. Session of February 17, 2005.
House of Representatives.
Documents. - Project transmitted by the Senate, No. 51-1618/2. - Text adopted in plenary meeting and submitted to the Royal War, No. 51-1618/2.
Annales parliamentarians. - Discussion and voting. Session of March 17, 2005.
(2) See decree of the Flemish Community/Flemish Region of 26 March 2004 (Belgian Monitor of 21 May 2004), decree of the Walloon Region of 4 December 2004 (Belgian Monitor of 15 January 2004 (Ed. 2), order of the Brussels-Capital Region of 20 April 2006 (Belgian Monitor of 9 May 2006).

Protocol to the Convention on Long-range Transboundary Air Pollution, 1979
Parties,
Determined to implement the Convention on Long-range Transboundary Air Pollution,
Acknowledging that emissions of many persistent organic pollutants are transported across international borders and are deposited in Europe, North America and the Arctic, away from their place of origin, and that the atmosphere is the main means of transport,
Acknowledging that persistent organic pollutants are resistant to degradation in natural conditions and associated with adverse health and environmental effects,
Concerned that persistent organic pollutants are likely to biomagnify in higher trophic levels and may reach concentrations that may affect the state of fauna and flora and the health of human beings exposed to them,
Recognizing that Arctic ecosystems and especially indigenous populations, which depend on Arctic fish and mammals for their livelihoods, are particularly threatened by biomagnification of persistent organic pollutants,
Aware that measures taken to combat emissions of persistent organic pollutants would also contribute to the protection of the environment and health outside the UN Economic Commission for Europe region, including in the Arctic and in international waters,
Determined to take measures to anticipate, prevent or minimize emissions of persistent organic pollutants, taking into account the application of the precautionary approach, as defined in Principle 15 of the Rio Declaration on Environment and Development,
Reaffirming that States, in accordance with the Charter of the United Nations and the principles of international law, have the sovereign right to use their own resources in accordance with their own environmental and development policies and the duty to ensure that activities carried out within or under their jurisdiction do not cause damage to the environment in other States or in areas not within national jurisdiction,
Noting the need for a global action against persistent organic pollutants, and recalling that Agenda 21 envisages in Chapter 9 the conclusion of regional agreements to reduce transboundary air pollution globally and, in particular, that the United Nations Economic Commission for Europe should benefit other regions of the world from its experience,
Recognizing that there are subregional, regional and global laws and regulations, including international instruments, that govern the management of hazardous wastes, their transboundary movements and their disposal, in particular the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal,
Considering that the main sources of air pollution that contribute to the accumulation of persistent organic pollutants are the use of certain pesticides, the manufacture and use of certain chemicals and the unintentional formation of certain substances during waste incineration, combustion and metal manufacturing operations as well as from mobile sources,
Recognizing that management techniques and methods are available to reduce emissions of persistent organic pollutants in the atmosphere,
Aware of the need to adopt a cost-effective regional approach to combat air pollution,
Noting the important contribution of the private sector and the non-governmental sector to the knowledge of the effects of persistent organic pollutants, available alternatives and pollution control technologies, and their efforts to help reduce emissions of persistent organic pollutants,
Acknowledging that measures taken to reduce emissions of persistent organic pollutants could not be a means of arbitrarily or unjustifiable discrimination, nor a misguided way to restrict international competition and trade,
Taking into account available scientific and technical data on emissions, air phenomena and the health and environmental effects of persistent organic pollutants, as well as on the costs of pollution control measures, and recognizing the need to continue scientific and technical cooperation in order to better understand these issues,
Taking into account measures concerning persistent organic pollutants already taken by some Parties at the national level and/or under other international conventions,
The following agreed:
DEFINITIONS
Article 1^er
For the purposes of this Protocol,
1. The Convention on Long-range Transboundary Air Pollution, adopted at Geneva on 13 November 1979;
2. "EMEP" means the Cooperative Programme for Monitoring and Evaluation of the Long-range Transmission of Air Pollutants in Europe;
3. "Executive Body" means the Executive Body of the Convention, established pursuant to Article 10, paragraph 1, of the Convention;
4. "Commission" means the United Nations Economic Commission for Europe;
5. "Parties", unless the context opposes this interpretation, the Parties to this Protocol;
6. The area defined in Article 1, paragraph 4, of the Protocol to the 1979 Convention on Long-range Transboundary Air Pollution, relating to the long-term financing of the Cooperative Programme for Monitoring and Evaluation of the Long-range Transmission of Air Pollutants in Europe (EMEP), adopted in Geneva on 28 September 1984, is defined as "the geographic area of EEMEP activities".
7. Persistent organic pollutants (POPs) of organic substances that: (i) possess toxic characteristics; (ii) are persistent; (iii) are susceptible to bioaccumulation; (iv) can easily be transported to the atmosphere beyond the borders over long distances and deposited away from the emission site; (v) may have significant adverse effects on health and the environment both in the vicinity and at a long distance from their source;
8. "substance" means a single chemical species or several chemical species that constitute a particular group of the fact (a) that they have similar properties or that they are emitted together in the environment; or (b) form a mixture generally marketed as a single item;
9. "emission" means the release into the atmosphere of a substance from a point or diffuse source;
10. "fixed source" means any building, structure, device, installation or equipment that emits or may emit directly or indirectly into the atmosphere a persistent organic pollutant;
11. "classification of large stationary sources" means any class of stationary sources referred to in Appendix VIII;
12. A "new fixed source" means any fixed source that is beginning to be built or that is undertaking to substantially alter at the expiry of a two-year period beginning on the date of entry into force: (i) of this Protocol or (ii) of an amendment to Annex III or VIII, if the fixed source falls under the provisions of this Protocol only under that amendment. It is up to the competent national authorities to determine whether or not an amendment is substantial, taking into account factors such as the benefits that this amendment presents to the environment.
OBJET
Article 2
The purpose of this Protocol is to combat releases, emissions and leaks of persistent organic pollutants, to reduce or eliminate them.
FUNDAMENTAL OBLIGATIONS
Article 3
1. Unless expressly derogated under Article 4, each Party shall take effective measures to:
(a) End the production and use of substances listed in Appendix I^rein accordance with the application regime specified therein;
(b) (i) Ensure that, when the substances listed in Appendix I^re destroyed or disposed of, such destruction or disposal shall be carried out in an environmentally sound manner, taking into account relevant subregional, regional and global legislation and regulations governing the management of hazardous wastes and their disposal, in particular the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal;
(ii) To seek to ensure that the elimination of substances listed in Appendix I^re be carried out in the national territory, taking into account relevant environmental considerations;
(iii) Ensure transboundary transport of substances listed in Appendix I^re is conducted in an environmentally sound manner, taking into account applicable subregional, regional and global legislation and regulations governing the transboundary movement of hazardous wastes, in particular the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal;
(c) Reserve the substances listed in Schedule II to the described uses, in accordance with the application regime specified in this Schedule.
2. The provisions of paragraph 1 (b)^er above shall take effect with respect to each substance on the date on which it is terminated the production of that substance or on the date on which it is terminated, if it is later.
3. For substances listed in Appendix I^re, II or III, each Party should develop appropriate strategies to determine the remaining articles and wastes that contain these substances, and take appropriate measures to ensure that such wastes and articles, when they become waste, are destroyed or disposed of in an environmentally sound manner.
4. For the purposes of paragraphs 1^er 3 above, the interpretation of the terms "waste" and "disposal" and the expression "in an environmentally sound manner" must be consistent with that given in the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal.
5. Each Party:
(a) Reduces its total annual emissions of each of the substances listed in Schedule III from the emission level in a reference year established in accordance with this Annex by taking effective measures appropriate to its particular situation;
(b) At the latest, within the time limits specified in Appendix VI, applies:
(i) The best available techniques, taking into consideration Appendix V, for each new fixed source in a class of large stationary sources for which the best available techniques are defined in Appendix V;
(ii) Limit values at least as stringent as those specified in Appendix IV with respect to each new fixed source in a category mentioned in this annex, taking into account Annex V. Any Party may, if not, apply different emission reduction strategies that generally result in equivalent emission levels;
(iii) The best available techniques, taking into consideration Appendix V, for each existing fixed source in a class of large stationary sources for which the best available techniques are defined in Appendix V, provided that this is technically and economically possible. Any Party may, if not, apply different emission reduction strategies that generally result in emission reductions;
(iv) Limit values at least as stringent as those specified in Annex IV with respect to each existing fixed source in a category referred to in this Annex, provided that this is technically and economically feasible, taking into account Annex V. Any Party may, if not, apply different emission reduction strategies that generally result in reductions of equivalent emissions;
(v) Effective measures to combat emissions from mobile sources, taking into account Appendix VII.
6. In the case of domestic combustion plants, the obligations set out in subparagraphs (i) and (iii) of paragraph 5 (b) above apply to all fixed sources of this category as a whole.
7. Any Party that, after applying paragraph 5 (b) above, fails to comply with the provisions of paragraph 5 (a) above for a substance specified in Schedule III, is exempt from its obligations under paragraph 5 (a) above for that substance.
8. Each Party prepares and maintains inventories of the emissions of substances listed in Annex III and gathers available information on the production and sale of substances listed in Annexes I^re and II. To this end, Parties within the geographic area of EEM activities shall, at a minimum, use the methods and temporal and spatial resolution specified by the EEMEP Executive Body and those located outside this area based on the methods developed under the work plan of the Executive Body. Each Party shall communicate this information in accordance with the provisions of Article 9 below.
DEROGATIONS
Article 4
1. Paragraph 1^er Section 3 does not apply in the case of quantities of a substance intended to be used for laboratory research or as a reference standard.
2. A Party may grant an exemption to paragraphs 1 (a) and (c)^er of Article 3 for a particular substance provided that the exemption is not granted or used in a manner contrary to the objectives of this Protocol and that it is only granted for the purposes and conditions set out below:
(a) For non-paragraph 1 research^er provided that:
(i) That no significant amount of the substance is expected to reach the environment during the intended use and subsequent disposal;
(ii) That the objectives and parameters of such research be assessed and approved by the Party concerned;
(iii) If a significant amount of a substance is released into the environment, the derogation will be immediately terminated, measures may be taken to mitigate the effects of the release and an assessment of the containment measures will be made prior to any resumption of research;
(b) To manage, as appropriate, an emergency situation affecting public health, provided:
(i) That the Party concerned have no other appropriate means to deal with the situation;
(ii) That the measures taken are commensurate with the magnitude and severity of the emergency situation;
(iii) That appropriate precautions be taken to protect health and the environment and to ensure that the substance is not used outside the geographic area affected by the emergency;
(iv) That the exemption be granted for a period not exceeding that of the emergency situation;
(v) Once the emergency has been completed, the stocks of the substance that may remain are subject to the measures set out in paragraph 1 (b)^er Article 3;
(c) For a minor application deemed essential by the Party concerned, provided:
(i) That the exemption be granted for a maximum of five years;
(ii) That it has not already been granted by the Party concerned under this article;
(iii) That there is no satisfactory alternative to the intended use;
(iv) That the Party concerned have carried out an estimate of the emissions of the substance resulting from the derogation, and their contribution to the total volume of emissions from the territory of the Parties;
(v) That appropriate precautions be taken to minimize emissions in the environment;
(vi) That, at the end of the period of application of the derogation, the stocks of the substance that may remain are subject to the measures set out in paragraph 1 (b)^er of Article 3.
3. At the latest, ninety days after an exemption has been granted under paragraph 2 above, each Party shall provide at least the following information to the secretariat:
(a) The chemical name of the derogatory substance;
(b) The subject of the exemption granted;
(c) The conditions under which the exemption is subordinated;
(d) The duration of the exemption;
(e) Persons or organizations that benefit from the exemption; and
(f) With respect to an exemption under subparagraphs (a) and (c) of paragraph 2 above, an estimate of the emissions of the substance resulting from the derogation and an assessment of their contribution to the total volume of emissions from the territory of the Parties.
4. The secretariat shall communicate to all Parties the information received under paragraph 3 above.
CHANGE OF INFORMATION AND TECHNOLOGIES
Article 5
Parties, in accordance with their laws, regulations and practices, create conditions conducive to the exchange of information and technologies to reduce the production and emissions of persistent organic pollutants and to enable the development of cost-effective alternatives by addressing, inter alia:
(a) Contacts and cooperation between organizations and competent individuals who, both in the private sector and in the public sector, are able to provide technology, study and engineering services, equipment or financial means;
(b) The exchange of information and access to information on the development and use of alternatives, as well as the assessment of the risks to health and the environment, and the exchange of information and access to information on the economic and social cost of these alternatives;
(c) The establishment of lists of their designated authorities that conduct similar activities in other international forums and the periodic update of these lists;
(d) Exchange of information on activities carried out in other international forums.
SENSIBILIZATION OF PUBLIC
Article 6
Parties, in accordance with their laws, regulations and practices, are committed to promoting the dissemination of information to the general public, including individuals who directly use persistent organic pollutants. These include:
(a) Information, including through labelling, risk assessment and hazards;
(b) Information on risk reduction;
(c) Information to encourage the elimination of persistent organic pollutants or a reduction in their use, including, where appropriate, on integrated pest control, integrated crop management, and the economic and social impacts of this elimination or reduction;
(d) Information on alternatives that would allow for the abandonment of the use of persistent organic pollutants, as well as an assessment of the risks these solutions pose to health and the environment, and information on their economic and social impacts.
STRATEGIES, POLICIES, PROGRAMMES, MEASURES AND INFORMATION
Article 7
1. Each Party, no later than six months after the date of entry into force of this Protocol, shall develop strategies, policies and programmes to fulfil its obligations under this Protocol.
2. Each Party:
(a) Encourages the use of environmentally sound management technologies that are economically applicable, including environmentally sound best practices for all aspects of the use, production, release, processing, distribution, handling, transport and reprocessing of substances governed by this Protocol and manufactured goods, mixtures or solutions containing such substances;
(b) Encourages the application of other management programs to reduce emissions of persistent organic pollutants, including voluntary programs, and the use of economic instruments;
(c) Consider the adoption of additional policies and measures adapted to its particular situation, including, possibly, non-regulatory approaches;
(d) Makes all efforts that are economically feasible to reduce the levels of substances covered by this Protocol that are contained in the form of contaminants in other substances, chemicals or manufactured articles, as soon as the source has been established;
(e) Take into account, in its programmes to assess substances, the characteristics specified in paragraph 1^er Decision 1998/2 of the Executive Body on the information to be submitted and the procedures to be followed to add substances to Annex I^re, II or III, and in any amendment thereto.
3. Parties may take more stringent measures than those provided for in this Protocol.
RESEARCH AND SURVEILLANCE
Article 8
Parties shall promote research and development, monitoring and cooperation, including, but not limited to:
(a) Emissions, long-range transport and deposition levels and their modelling, existing levels in biological and non-organic environments, and the development of procedures to harmonize relevant methods;
(b) Dissemination routes and inventories of pollutants in representative ecosystems;
(c) Their effects on health and the environment, including quantification of these effects;
(d) Best available techniques and practices, including in agriculture, and anti-emission techniques and practices currently used by Parties and developing countries;
(e) Methods to consider socio-economic factors for the evaluation of different control strategies;
(f) An impact-based approach that takes into account appropriate information, including those obtained under subparagraphs (a) to (e) above, on the levels of pollutants in the environment, their dissemination pathways and their effects on health and the environment, as measured or modelled, for the purpose of developing future control strategies that also take into account economic and technological factors;
(g) Methods for estimating national emissions and predicting future emissions of different persistent organic pollutants and assessing how these estimates and forecasts can be used to define future obligations;
(h) The levels of substances covered by this Protocol that are contained in the form of contaminants in other substances, chemicals or manufactured articles, and the importance of these levels for long-range transport, as well as the techniques to reduce the levels of these contaminants and, in addition, the levels of persistent organic pollutants produced during the life cycle of wood treated with pentachlorophenol.
Priority should be given to research on substances that are deemed to be most likely to be proposed for inclusion in accordance with the procedures specified in paragraph 6 of Article 14.
INFORMATION A COMMUNIQUER
Article 9
1. Subject to its laws to preserve the confidential nature of commercial information:
(a) Each Party, through the Executive Secretary of the Commission, shall communicate to the Executive Body, at regular intervals established by the Parties within the Executive Body, information on the measures it has taken to implement this Protocol;
(b) Each Party in the geographic area of EEMEP's activities shall communicate to EEMEP, through the Executive Secretary of the Commission, at regular intervals established by the EEMEP Steering Body and approved by the Parties at a session of the Executive Body, information on levels of emissions of persistent organic pollutants using, to this effect, the methods and temporal and spatial resolution specified by the EEM Steering Body. Parties located outside the geographic area of EEMEP activities shall make similar information available to the Executive Body if requested. Each Party shall also provide information on the emission levels of the substances listed in Annex III for the reference year specified in that Annex.
2. Information to be communicated pursuant to paragraph 1 (a)^er above will be in accordance with the decision on the submission and content of communications, to be adopted by the Parties at a session of the Executive Body. The terms of this decision will be reviewed, as appropriate, to determine any additional elements for the presentation or content of the information to be shared.
3. In due time before each annual session of the Executive Body, EEMEP provides information on long-range transport and deposits of persistent organic pollutants.
CONSIDERATION BY THE PARTIES TO THE SESSIONS OF THE EXECUTIVE BODY
Article 10
1. At the sessions of the Executive Body, Parties, pursuant to paragraph 2 (a) of Article 10 of the Convention, shall examine the information provided by Parties, EEM and other subsidiary bodies, as well as the reports of the Implementation Committee referred to in Article 11 of this Protocol.
2. At the sessions of the Executive Body, Parties regularly review progress made in the implementation of the obligations set out in this Protocol.
3. At the sessions of the Executive Body, Parties shall examine to what extent the obligations set out in this Protocol are sufficient and have the necessary effectiveness. For these reviews, the best available scientific information will be taken into account on the effects of persistent organic pollutant deposits, assessments of technological progress, changes in the economic situation and the extent to which emission level obligations are met. The modalities, methods and timing of these reviews are decided by the Parties at a session of the Executive Body. The first such review shall be completed no later than three years after the entry into force of this Protocol.
RESPECT OF OBLIGATIONS
Article 11
Compliance by each Party with its obligations under this Protocol shall be reviewed periodically. The Implementation Committee established by Decision 1997/2 adopted by the Executive Body at its fifteenth session shall carry out such reviews and shall report to the Parties meeting within the Executive Body in accordance with the provisions of the annex to that decision and any amendments thereto.
DIFFERENDUM REGULATIONS
Article 12
1. In the event of a dispute between two or more than two Parties with respect to the interpretation or application of this Protocol, the Parties concerned shall endeavour to resolve it by negotiation or by any other peaceful means of their choice. The parties to the dispute shall inform the Executive Body of their dispute.
2. When ratifying, accepting or approving this Protocol or acceding to it, or at any time thereafter, a Party that is not a regional economic integration organization may declare in a written instrument submitted to the Depositary that for any dispute related to the interpretation or application of the Protocol, it recognizes as ipso facto binding(s) and without special agreement any of the following two means of settlement or both of them in respect of
(a) The submission of the dispute to the International Court of Justice;
(b) Arbitration in accordance with the procedures to be adopted by the Parties as soon as possible at a session of the Executive Body in an arbitration annex.
A Party that is a regional economic integration organization may make a declaration in the same direction with respect to arbitration in accordance with the procedures referred to in paragraph (b) above.
3. The declaration made pursuant to paragraph 2 above shall remain in effect until it expires in accordance with its own terms or until the expiry of a period of three months from the date on which a written notification of the revocation of the declaration was filed with the Depositary.
4. The filing of a new declaration, the notification of the revocation of a declaration or the expiry of a declaration shall not affect the proceedings before the International Court of Justice or the arbitral tribunal unless the parties to the dispute agree otherwise.
5. Unless the parties to a dispute have accepted the same means of settlement referred to in paragraph 2, if, at the expiry of a period of twelve months from the date on which a Party notified another Party of the existence of a dispute between them, the Parties concerned have failed to resolve their dispute by the means referred to in paragraph 1^er above, the dispute, at the request of any of the parties to the dispute, is subject to conciliation.
6. For the purposes of paragraph 5, a conciliation commission shall be established. It is composed of members designated, in equal numbers, by each Party concerned or, where the Parties to the conciliation proceedings make a common cause, by all of these Parties, and by a President chosen jointly by the members so designated. The Commission issues a recommendation that Parties consider in good faith.
ANNEXES
Article 13
The annexes to this Protocol are an integral part of the Protocol. Annexes V and VII are recommended.
AMENDMENTS
Article 14
1. Any Party may propose amendments to this Protocol.
2. The 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 consider the amendment proposals at its next session, provided that the Executive Secretary has forwarded them to the Parties at least ninety days in advance.
3. Amendments to this Protocol and to annexes I^re to IV, VI and VIII shall be adopted by consensus by the Parties present at a session of the Executive Body and shall enter into force with respect to the Parties that have accepted them on the ninetieth day after the date on which two thirds of the Parties deposited their instrument of acceptance of these amendments with the Depositary. The amendments shall enter into force in respect of any other Party on the ninetieth day after the date on which that Party deposited its instrument of acceptance of the amendments.
4. Amendments to Annexes V and VII are adopted by consensus by the Parties present at a session of the Executive Body. Upon the expiry of a period of ninety days from the date on which the Executive Secretary of the Commission communicated it to all Parties, any amendment to either of these annexes shall take effect with respect to Parties that have not submitted a notification to the Depositary in accordance with the provisions of paragraph 5 below, provided that at least sixteen Parties have not submitted that notification.
5. Any Party that is unable to approve an amendment to
Annexes V or VII shall notify the Depositary in writing within ninety days from the date of the communication of its adoption. The Depositary shall promptly inform all Parties of the receipt of such notification. A Party may at any time substitute an acceptance for its earlier notification and, after the deposit of an instrument of acceptance with the Depositary, the amendment to that Annex shall take effect with respect to that Party.
6. If this is a proposal to amend Appendix I^re, II or III by adding a substance to this Protocol:
(a) The sponsor of the proposal shall provide the Executive Body with the information specified in Executive Body decision 1998/2 and any amendment thereto; and
(b) The Parties shall assess the proposal in accordance with the procedures set out in Executive Body decision 1998/2 and any amendments thereto.
7. Any decision to amend Executive Body decision 1998/2 shall be adopted by consensus by the Parties within the Executive Body and shall take effect sixty days after the date of its adoption.
SIGNATURE
Article 15
1. This Protocol shall be open for signature by the States members of the Commission as well as by the States with 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 the sovereign States members of the Commission, having jurisdiction to negotiate, conclude and apply international agreements in the matters covered by the Protocol, provided that the States and organizations concerned are Parties to the Convention
2. In matters falling within their jurisdiction, regional economic integration organizations exercise their rights in their own right and carry out their responsibilities under this Protocol to their Member States. In such cases, States members of these organizations are not empowered to exercise these rights individually.
RATIFICATION, ACCEPTATION, APPROBATION AND ADHESION
Article 16
1. This Protocol is subject to ratification, acceptance or approval of Signatories.
2. This Protocol shall be open to the accession of States and organizations that meet the requirements of paragraph 1^er of Article 15, effective December 21, 1998.
DEPOSITARY
Article 17
Instruments of ratification, acceptance, approval or accession shall be deposited with the Secretary-General of the United Nations, who acts as Depositary.
BACKGROUND
Article 18
1. This Protocol shall enter into force on the ninetieth day after the date of the deposit of the sixteenth instrument of ratification, acceptance, approval or accession to the Depositary.
2. In respect of each State or organization referred to in paragraph 1^er of Article 15, which ratifies, accepts or approves this Protocol or accedes to it after the deposit of the sixteenth instrument of ratification, acceptance, approval or accession, the Protocol enters into force on the ninetieth day after the date of the deposit by that Party of its instrument of ratification, acceptance, approval or accession.
DENONCIATION
Article 19
At any time after the expiry of a five-year period beginning on the date on which this Protocol entered into force with respect to a Party, that Party may denounce the Protocol by written notification addressed to the Depositary. The denunciation shall take effect on the ninetieth day after the date of receipt of the notification by the Depositary, or on any other later date specified in the notification of the denunciation.
AUTHENTIC TEXTS
Rule 20
The original of this Protocol, whose English, French and Russian texts are also authentic, is deposited with the Secretary-General of the United Nations.
In the belief that the undersigned, to this duly authorized, have signed this Protocol.
Done in Aarhus (Denmark) on the twenty-four june nine hundred and ninety-eight.

Annex I^re
Substances to be eliminated
Unless otherwise specified in this Protocol, this Annex does not apply to the substances listed below: (i) where they are present in contaminants; (ii) where they are present in articles manufactured or used on the implementation date; or (iii) where they are used locally as intermediate chemicals for the manufacture of one or more different substances and are therefore chemically processed. Unless otherwise stated, each of the following obligations shall take effect on the date of entry into force of the Protocol.
For the consultation of the table, see image
a Parties agree to re-evaluate the production and use of polychloroterphenyl and "ugilec" under the Protocol by 31 December 2004.

Annex II
Substances whose use must be limited
Unless otherwise specified in this Protocol, this Annex does not apply to the substances listed below: (i) where they are present in contaminants; (ii) where they are present in articles manufactured or used on the implementation date; or (iii) where they are used locally as intermediate chemicals for the manufacture of one or more different substances and are therefore chemically processed. Unless otherwise stated, each of the following obligations shall take effect on the date of entry into force of the Protocol.
For the consultation of the table, see image
a Parties agree to re-evaluate the production and use of polychloroterphenyl and "ugilec" under the Protocol by 31 December 2004.
Annex III
Substances referred to in paragraph
(a) paragraph 5 of Article 3 and reference year for obligation
For the consultation of the table, see image
a Polycyclic aromatic hydrocarbons (PAHs): for emission inventories, the following four indicator compounds will be used: benzo(a)pyrene, benzo(b)fluoranthene, benzo(k)fluoranthene and indeno(1,2,3-cd)pyrene.
b Dioxins and furans (PCDD/PCDF): polychlorodibenzo-p-dioxins (PCDD) and polychlorodibenzo-p-furans (PCDF) are tricyclic aromatic compounds composed of two benzenic rings connected by two oxygen atoms for PCDDs and an oxygen atom for PCDFs, including atoms of oxygen replaced

Annex IV
Limited values for PCDD/PCDF from large stationary sources
I. INTRODUCTION
1. A definition of dioxins and furans (PCDD/PCDF) is provided in Annex III to this Protocol.
2. Limit values expressed in ng/m³ or mg/m³ relate to normal conditions (273.15 K, 101.3 kPa and dry gases).
3. Limit values correspond to normal operation, which includes start-up and stop operations, unless specific limit values have been defined for these situations.
4. The sampling and analysis of samples of all pollutants shall be carried out according to the standards established by the European Standards Committee (CEN) or by the International Standardization Organization (ISO) or in accordance with the corresponding reference methods of Canada or the United States. Pending the development of CEN or ISO standards, national standards will be applied.
5. For verification purposes, the interpretation of the results of the measurements against the limit value must also take into account the imprecision of the measurement method. A limit value is considered to be met if the result of the measurement, corrected by the imprecision of the applied method, does not exceed that value.
6. The emissions of the different congeners of PCDD/PCDF are indicated in the equivalent of toxicity (ET) compared to tetrachloro-2,3,7,8 dibenzoparadioxin (2,3,7,8-TCDD), according to the system proposed by the NATO Committee on the Challenges of Modern Society (CDSM) in 1988.
II. VALUES LIMITED FOR GREAT SOURCES
7. The following limit values, which correspond to a concentration of 02 by 11% in the combustion gases, apply to the following incineration facilities:
Solid urban wastes (incineration of more than 3 t/h)
0.1 ng ET/m³
Solid medical waste (incineration of more than 1 t/h)
0.5 ng ET/m³
Hazardous wastes (incineration of more than 1 t/h)
0.2 ng ET/m³

Annex V
Best available techniques to control persistent organic pollutant emissions from large stationary sources
I. INTRODUCTION
1. This annex is intended to provide guidance to Parties to the Convention to determine the best available techniques and to enable them to fulfil the obligations set out in Article 3, paragraph 5, of the Protocol.
2. The most effective and advanced stage of development of activities and their operating modes is defined as "technical best available" (MTD), demonstrating the practical ability of specific techniques to form, in principle, the basis of emission limit values to avoid and, where impossible, to generally reduce emissions and their impact on the environment as a whole:
- By "technical" means both the technology used and the way the installation is designed, constructed, maintained, operated and out of service;
- "Available" means the techniques developed on a scale to apply them in the relevant industrial sector, under economically and technically viable conditions, taking into account costs and benefits, whether or not these techniques are used or produced in the territory of the Party concerned, provided that the operator may have access to them in reasonable conditions;
- "Best" techniques mean the most effective techniques to achieve a high overall level of environmental protection as a whole.
In determining the best available techniques, particular attention should be paid, in general or in specific cases, to the factors listed below, taking into account the likely costs and benefits of the measure and the precautionary and preventive principles:
- The use of cleaner technology;
- Use of less dangerous substances;
- Recovery and recycling of more of the substances produced and used during operations and wastes;
- comparable processes, means or methods of operation that have been successfully tested at the industrial level;
- Technological progress and the evolution of scientific knowledge;
- The nature, effects and volume of the emissions concerned;
- Dates of commissioning of new or existing facilities;
- Timeliness to implement the best available technology;
- The consumption of raw materials (including water) and the nature of raw materials used in the process and its energy efficiency;
- The need to prevent or minimize the overall impact of emissions on the environment and the risks of environmental pollution;
- The need to prevent accidents and minimize their impact on the environment.
The concept of best available technology is not intended to prescribe a particular technique or technology but to take into account the technical characteristics of the facility concerned, its geographic location and the state of the environment at the local level.
3. Information on the effectiveness and cost of emission control measures is drawn from documents received and reviewed by the Task Force and the Preparatory Working Group on POPs. Unless otherwise stated, the techniques mentioned are considered valid as demonstrated by the practical experience.
4. The experience of new facilities using low-polluting techniques and the upgrading of existing facilities is increasing steadily so that it will be necessary to develop and periodically modify the text of the annex. The best available techniques for new facilities can generally be applied to existing facilities, provided that a sufficient transition period and adaptation measures are anticipated.
5. The following is a description of a number of emission control measures with varying costs and efficiency. The choice of measures applicable in each case will depend on a number of factors, including the economic situation, infrastructure and technological capacity and, possibly, the measures to combat air pollution already in force.
6. The most important POPs emitted from stationary sources are:
(a) Polychlorodibenzo-p-dioxins/furans (PCDD/PCDF);
(b) Hexachlorobenzene (HCB);
(c) Polycyclic aromatic hydrocarbons (PAHs).
The corresponding definitions are provided in Annex III to this Protocol.
II. GREAT SOURCES OF POP EMISSIONS
7. PCDD/PCDF emissions originate from thermal processes involving organic matter and chlorine; they result from incomplete combustion or certain chemical reactions. The main stationary sources of PCDD/PCDF are:
(a) Waste incineration, including co-incineration;
(b) Thermal metallurgical processes, such as the production of aluminum and other non-ferrous metals, iron and steel;
(c) combustion plants producing energy;
(d) Domestic combustion;
(e) Some chemical production processes emit intermediate products and by-products.
8. Large fixed sources of PAH emissions are:
(a) Domestic heating of wood or coal;
(b) Outdoor fires such as garbage burning fires, forest fires and burns after harvest;
(c) Coking and manufacturing of anodes;
(d) Aluminum production (by the Soederberg process);
(e) Wood preservation facilities, except for Parties where this category does not substantially contribute to total PAH emissions (as defined in Appendix III).
9. HCB emissions originate from the same thermal and chemical processes as PCDD/PCDF emissions and the training mechanism is similar. The major sources of HCB emissions are:
(a) Waste incineration facilities, including co-incineration facilities;
(b) Thermal sources of metallurgical industries;
(c) Burning of chlorinated fuels in the ovens.
III. GENERAL METHODS OF LUTTE AGAINST POP EMISSIONS
10. There are several ways to combat or prevent POP emissions from stationary sources. Examples include the replacement of starting products, modification of processes (including control of operations and maintenance) and upgrading of existing facilities. The following is an indicative list of available measures, which can be applied separately or jointly:
(a) Replacement of starting products if it is POP or if there is a direct link between these products and POP emissions from the source;
(b) Adoption of best practices from an ecological perspective - good internal organization, preventive maintenance programs, etc. - or modification of processes and, in particular, installation of closed-circuit systems (e.g. in shells, or use of inert electrodes for electrolysis);
(c) Modifying processes to obtain complete combustion, and thus preventing the formation of persistent organic pollutants, by controlling parameters such as incineration temperature or time of stay;
(d) Epuration of combustion gases, for example, by thermal or catalytic incineration or oxidation, de-selecting or adsorption;
(e) Treatment of wastes, wastes and sewage sludge, for example, by thermal means or by deactivation.
11. The emission levels indicated for the various measures listed in Tables 1, 2, 4, 5, 6, 8 and 9 generally refer to specific cases. The figures or ranges indicated correspond to the emission levels as a percentage of emission limit values by application of conventional techniques.
12. The cost-effectiveness ratio can be assessed based on the total cost per year and per emission reduction unit (including investments and operating costs). Consideration should also be given to the cost of POP emission reduction measures in the context of the overall process economy, taking into account, for example, the impact of anti-emission measures and production costs. Given the many parameters involved, the figures for investment expenditures and operating costs depend closely on the circumstances of each case.
IV. REDUCTION TECHNOLOGY OF PCDD/PCDF EMISSIONS
A. Waste incineration
13. This is the incineration of urban waste, hazardous waste, medical waste and sewage sludge.
14. The main emission reduction measures for PCDD/PCDF from incinerators are:
(a) Primary measures for waste to be cremated;
(b) Primary measures related to the incineration process;
(c) Measures acting on the physical parameters of the combustion process and gaseous effluents (temperature pads, cooling speed, oxygen content, etc.);
(d) Epuration of combustion gases;
(e) Treatment of wastes of treatment.
15. Primary measures on waste to be cremated. Measures to act on starting products by reducing halogenated substances and replacing them with non-halogenated substances are not suitable for incineration of urban wastes or hazardous wastes. It is better to modify the incineration process and take secondary measures for the treatment of combustion gases. However, the management of the starting product is a useful primary waste reduction measure that can also offer the benefit of recycling. This can result in an indirect reduction in PCDD/PCDF emissions by reducing the amount of waste to be cremated.
16. The modification of the incineration process in order to optimize the combustion conditions (temperature normally fixed at 850 °C or more, calculation of the oxygen intake according to the calorific power and consistency of the waste, control of the time of stay - about 2 seconds for 850 °C - and turbulence of the gas, disposal of the cold gas zones in the incinerator effectively, etc.) is a measure Fluidized bed incinerators maintain a temperature below 850 °C with satisfactory emission levels. Existing incinerators should normally be redesigned or replaced, a solution that may not be economically viable in all countries. The carbon content of ash should be minimized.
17. Measures applicable to combustion gases. The following measures allow for a reasonable reduction in the concentration of PCDD/PCDF in combustion gases. The novo synthesis temperature of these substances is between 250 and 450 °C. These measures are therefore necessary if one wants to get the desired levels at the end of the circuit. Here's the list:
(a) Extinction of combustion gases (very efficient and relatively low cost);
(b) Addition of inhibitor agents such as triethanolamine or triethylamine (which also have the ability to reduce nitrogen oxides), with however secondary reactions not to neglect for safety reasons;
(c) Use of dust capture systems at temperatures between 800 and 1000 °C (e.g. ceramic or cyclone filters);
(d) Application of low temperature electrical discharge systems;
(e) Prevention of flying ash deposits in the combustion gas evacuation device.
18. Combustion gas purification methods are as follows:
(a) Use of conventional dusters to reduce PCDD/PCDF emissions on particles;
(b) Selective, catalytic (RCS) or non-catalytic (RNCS);
(c) Adsorption on coke or activated carbon in fixed or fluidized bed systems;
(d) Application of different adsorption methods and optimization of cleaning systems by use of activated carbon mixtures, active coke, lime and limestone solutions in fixed, mobile or fluidized bed reactors. The extraction efficiency of the gaseous PCDD/PCDF can be improved by applying an active first layer of coke on the surface of the handle filter;
(e) Oxydation by H2O2;
(f) Application of catalytic combustion methods using different types of catalysts (Pt/Al2O3 or copper-chromite catalysts with different proponents in order to stabilize the surface area and to curb the aging of the catalyst).
19. Using the above methods, PCDD/PCDF emissions can be reduced to 0.1 ng ET/m³. However, in systems using adsorbers or filters with activated carbon or coke, it will be ensured that fugitive carbon dust does not increase downstream PCDD/PCDF emissions. It should also be noted that adsorbers and dusters located upstream of catalysts (selective catalytic reduction technique) produce residues loaded with PCDD/PCDF, which themselves require reprocessing or removal in the rules.
20. The comparison of different emission reduction measures of PCDD/PCDF in combustion gases is very complex. The corresponding table covers a range of industrial facilities of various capacities and configurations. Cost parameters also take into account reduction measures for other pollutants such as heavy metals (fixed or not on particles). Thus, in most cases, there is no direct relationship to the only reduction in PCDD/PCDF emissions. Available data on the various anti-emission measures are summarized in table 1.
21. Medical waste incinerators can be a major source of PCDD/PCDF emissions in many countries. Some medical wastes such as human anatomical parts, contaminated residues, needles, blood, plasma and cytostatic products are treated as a particular category of hazardous waste, while others are often cremated on site by lots. In the latter case, incinerators can meet the same PCDD/PCDF reduction standards as other incineration facilities.
22. Parties may consider adopting policies that encourage the incineration of urban waste and medical waste in large regional facilities rather than small incinerators. Thus, the application of the best available techniques could be more economical.
23. Treatment of residues of combustion gas purification. Unlike incineration ashes, these residues contain relatively high concentrations of heavy metals, organic pollutants (including PCDD/PCDF), chlorides and sulphides. Wet-washing devices, in particular, produce large amounts of contaminated acid liquid waste. The removal of these substances must therefore be perfectly controlled. Special treatment methods exist, including:
(a) Dust treatment of low-temperature and oxygen-poor catalyst filters;
(b) Dust cleaning of tissue filters through the 3-R process (e.g. extraction of heavy metals with acids and destruction of organic matter by combustion);
(c) Vitrification of the dust of the fabric filters;
(d) Application of other capital methods;
(e) Application of plasma technology.
B. Thermal processes applied in metallurgy
24. Some metallurgical activities may be important sources of PCDD/PCDF emissions. These are:
(a) Primary steel (high furnaces, agglomeration and iron ore pelletization workshops);
(b) Secondary steel;
(c) The first and second fusion non-ferrous metal industry (production of copper).
Measures to combat PCDD/PCDF emissions in metallurgical industries are summarized in Table 2.
25. Metal production and processing facilities that are at the origin of PCDD/PCDF emissions can reduce the concentration by anti-emission measures to a maximum of 0.1 ng ET/m³ (for a volume flow of waste gas greater than 5,000 m³/h).
Agglomeration workshops
26. Measurements in agglomeration workshops in the steel industry revealed that PCDD/PCDF emissions were generally within the range of 0.4-4 ng ET/m³; in a single measure in a facility without emission control devices, a value of 43 ng ET/m was noted³.
27. Halogenated compounds may originate from PCDD/PCDF emissions in the agglomeration workshops when they are present in the starting products (coke pots, salts contained in the ore) or in the recycled materials added to them (calamine, high furnace gas dust, filter dust and sludge from wastewater treatment). However, as in the case of waste incineration, there is no defined relationship between the chlorine content of the starting products and PCDD/PCDF emissions. It would therefore be appropriate to avoid the formation of contaminated waste materials and to de-oil or degrease the calamine before using it in the facility.
28. A combination of the following secondary measures is the most effective solution for reducing PCDD/PCDF emissions:
(a) Recycling of waste gases: this technique significantly reduces the emissions of PCDD/PCDF as well as the flow of gaseous effluent. The cost of installing downstream emission control devices is reduced;
(b) Installation of tissue filters (in some cases in combination with electrostatic precipators) or electrostatic precipators with injection of activated carbon/active coke/chaux mixtures in waste gases;
(c) Sprinkle-washing using new methods including pre-extinguishing of waste gases, high-performance washing and drop-to-drop separation, which can reduce emissions to 0.2-0.4 ng ET/m³. The additional use of appropriate adsorption agents such as lignite cokes or fine coal can further improve this result (0.1 ng ET/m³).

Table 1
Comparison of various combustion gas purification measures and process changes to reduce PCDD/PCDF emissions in waste incineration facilities
For the consultation of the table, see image
a Remaining emissions from emissions obtained in the absence of reduction measures.

Table 2
Reduction of PCDD/PCDF emissions in the metallurgical industry
For the consultation of the table, see image
a Remaining emissions from emissions obtained in the absence of reduction measures.
First and second fusion copper production
29. Existing first- and second-merge copper production facilities can release, after burning gas purification, between a few picograms and 2 ng ET/m³ PCDD/PCDF. In the past, only one roasting oven could emit up to 29 ng ET/m³ before optimization of aggregates. The emission values of PCDD/PCDF of these facilities are generally very different due to the very various characteristics of the raw materials, which are used in aggregates and according to very different processes themselves.
30. The following measures generally reduce the emissions of PCDD/PCDF:
(a) Preliminary scrap;
(b) Pre-treatment of scrap, such as removal of plastic or PCV coatings and pre-treatment of cable waste only in cold or mechanical ways;
(c) Extinction of hot residual gases (with the possibility of using heat) to reduce the time of stay in the critical thermal area of the gas effluent circuit;
(d) Oxygen or oxygen-rich middle combustion or oxygen injection in the roasting furnace (thus a complete combustion and a reduction in waste gas volume);
(e) Adsorption in a fixed-bed or fluidized jet reactor on activated carbon or active coke dust;
(f) Catalytic Oxydation.
Steel production
31. PCDD/PCDF emissions from converter and hot air cubilots, electric kilns and foundry arc furnaces are far below 0.1 ng ET/m³. Cold air furnaces and rotary furnaces (for iron fusion) have higher emission rates.
32. A concentration of 0.1 ng ET/m can be obtained³ in arc furnace emissions used for second-merge steel production if the following measures are applied:
(a) Separate capture of emissions from loading or unloading operations;
(b) Use of a fabric filter or electrostatic precipator in combination with coke injection.
33. The load of arc furnaces often contains oils, emulsions or fats. Emissions of PCDD/PCDF can be reduced by applying general primary measures to sort, de-oil and de-oil scrap, which may contain plastics, rubber, paints, pigments or vulcanization additives.
Foundries used in the second fusion aluminum industry
34. The emissions of PCDD/PCDF from the second-merged aluminum smelters are from 0.1 to 14 ng ET/m³, the values dependent on the type of fusion aggregate, the materials used and the waste gas purification techniques used.
35. In this sector, the installation of single-storey or multiple-storey fabric filters with the addition of active limestone/coal/coke upstream of the filter allows to meet the concentration criterion of 0.1 ng ET/m³ in emissions, with an efficiency rate of 99%.
36. The following measures may also be considered:
(a) Minimize the waste gas streams and extract and purify separately those contaminated with different substances;
(b) Avoid particle deposits in the residual gas circuit;
(c) Quickly cross the critical temperature range;
(d) Improve the pre sorting of the aluminum scrap obtained by shredding using dense suspension separation techniques, the classification by spinning circuit deposit;
(e) Improve pre-cleaning of aluminum scrap by cutting shavings and drying.
37. Options (d) and (e) are important because it is unlikely that with modern melting techniques (where we avoid the use of halogenides) we can treat the mediocre quality scrap that can be used in rotary furnaces.
38. It should be noted in this regard that, under the North-East Atlantic Convention for the Protection of the Marine Environment, discussions are under way on the revision of a recommendation previously made to phase out the use of hexachloroethane in the aluminum industry.
39. The melting material can be treated according to the most recent techniques - nitrogen/chlorine mixtures in a proportion ranging from 9:1 to 8:2, gas injection system to ensure a fine dispersion, pre- and post-injection of nitrogen and vacuum degreasing. The use of nitrogen/chlorine mixtures gave a measured concentration of PCDD/PCDF in emissions of approximately 0.03 ng ET/m³ (compared to values greater than 1 ng ET/m³ in the case of treatment exclusively with chlorine). Chlorine is necessary for the removal of magnesium and other unwanted elements.
C. Combustion of fossil fuels in boilers
electrical and heating power plants and boilers
Industrial
40. During the combustion of fossil fuels in the boilers of power plants and heating plants and industrial boilers (with a thermal power of 50 MW), all measures to improve energy efficiency and energy saving result in a reduction in emissions from all pollutants, thanks to the reduction of the amount of fuel used. The result is a reduction in PCDD/PCDF emissions. It would be inexpensive to try to eliminate the chlorine of coal or oil, but the tendency to build gas-operated power plants would contribute to reducing emissions of PCDD/PCDF from this sector.
41. It should be noted that the emissions of PCDD/PCDF are likely to increase significantly if it is decided to add to the fuel of the waste to be burned (cleaning waste, waste oils, rubber waste, etc.). Waste should be burned for energy production only in facilities equipped with waste gas purification devices resulting in a significant reduction in PCDD/PCDF emissions (see section A above).
42. The application of techniques to reduce emissions of nitrogen oxides, sulphur dioxide and particulate matter from combustion gases can also contribute to the elimination of PCDD/PCDF emissions. With these techniques, the disposal performance of PCDD/PCDF will vary from one facility to another. Research is being conducted to develop techniques for the removal of PCDD/PCDF but, as long as such techniques are not available on an industrial scale, the best technique available for PCDD/PCDF cannot be determined.
D. Combustion in domestic households
43. The contribution of domestic combustion appliances to total PCDD/PCDF emissions is less important if approved fuels are used correctly. In addition, depending on the type and quality of the fuel used, the geographic density of the appliances and their use, there are significant variations in emissions values at the regional level.
44. Household open households have a lower rate of combustion of hydrocarbons in fuels and waste gases than large combustion plants, especially if solid fuels such as wood or coal are used, in which case the emissions of PCDD/PCDF are between 0.1 and 0.7 ng ET/m³.
45. Combustion of packaging materials at the same time as solid fuels causes an increase in PCDD/PCDF emissions. Private households sometimes burn garbage and packaging materials in their homes, although this practice is prohibited in some countries. Given the increase in waste disposal fees, it is not surprising that household waste is burned in domestic heating facilities. Wood burning that has been added to packaging materials can result in an increase in PCDD/PCDF emissions of 0.06 ng ET/m³ (wood only) to 8 ng ET/m³ (reported to 11% O2 in volume). These results have been confirmed by surveys in several countries in which up to 114 ng ET/m³ (for 13% oxygen in volume in this case) in waste gases from domestic combustion appliances burning waste.
46. Emissions from domestic combustion appliances can be reduced by requiring the use of high-quality fuels, excluding residues, halogenated plastics or other materials. Information programs for buyers or users of domestic combustion appliances can be effective in this regard.
E. Wood heating installations (power < 50 MW)
47. Based on measurements made on wood heating facilities, waste gases may contain more than 0.1 ng ET/m³ PCDD/PCDF, particularly where conditions are unfavourable to complete combustion or where burned substances have a chlorinated compound content greater than that of untreated wood. The total carbon concentration in waste gases is an indicator of the poor quality of combustion. A correlation was established between CO emissions, combustion quality and PCDD/PCDF emissions. Table 3 summarizes some concentration values and emission factors for wood heating installations.

Table 3
Concentrations and emission factors for wood heating installations
For the consultation of the table, see image
48. The burning of construction wood waste (demolition wood) on rolling grids emits high amounts of PCDD/PCDF compared to the burning plants of natural wood. A primary measure to reduce emissions is to avoid the use of treated wood waste in wood fireplaces. This fuel will be reserved for facilities with appropriate combustion gas purification devices.
V. TECHNIQUES DE REDUCTION DES EMISSIONS DE HAP
A. Coke production
49. During coking, PAHs are released into ambient air, especially:
(a) At the time of loading of the furnace by the filling mouth;
(b) leaks from the oven door, upward columns or pads from the filling mouths;
(c) When the coke is released and cooled.
50. The concentration of benzo(a)pyrene varies considerably from source to source in a cokerie. The highest concentrations are found at the top of the battery and in the immediate vicinity of the doors.
51. PAH emissions from coke production can be reduced through technical improvements to existing integrated steel mills. This could involve closing and replacing the old shells and generally reducing the production of coke, for example by using high-quality coal injection during steel production.
52. A COK reduction strategy should include the following technical measures:
(a) Fuelling:
- Reduction of particulate emissions when loading the silo coal in the furnace;
- If coal is preheated, the coal is transferred to the closed system;
- Extraction and treatment of filling gases, passing them either in the contiguous oven or, via a barrel, to an incinerator, and then into a dust removal device. In some cases, the extracted filling gases may be burned on the stoves; this process leaves to be desired from an environmental and security perspective. A sufficient depression should be produced by injection of steam or water in the upward columns;
(b) Baking mouths during coking:
- Very good sealing of buffers;
- Leasing clay buffers (or other equivalent efficiency material) after each feeding operation;
- Cleaning buffers and frames before closure of the mouth;
- The vaulting of the oven shall be clear of any coal residue;
(c) The lids of the upward columns should be equipped with water guards to avoid gas and tar emissions; These devices shall be ensured to function properly by ensuring periodic cleaning;
(d) The opening and closing equipment of the oven doors should be equipped with sealing systems on the doors themselves and frames;
(e) The doors of the oven:
- should be equipped with very effective joints (e.g. spring diaphragms);
- Door and frame seals should be fully cleaned after each operation;
- should be designed to allow the installation of particulate extraction systems connected to a dust removal device (through a barrel) during the disconnection operations;
(f) The coke transfer machine should be equipped with an integrated hood, a fixed sheath and a fixed gas purification device (preferably a fabric filter);
(g) Coke cooling processes will be applied that produce few emissions (for example, secretariat cooling is preferable to wet extinction, provided that a closed circulation system is used to avoid wastewater production). We will endeavour to reduce the formation of dust in the event of dry extinction.
53. There is a process of cokefaction called "cokefaction without recovery", which emits significantly less HAP than usual processes with recovery of by-products. The reason is that the ovens operate at pressures below atmospheric pressure, which prevents leaks to the atmosphere by the doors of the coke oven. During coking, raw gas from coke kilns is eliminated by natural circulation, which maintains a depression in the ovens. These ovens are not designed to recover chemical by-products from raw gas emitted by coke furnaces. Instead, cokefaction residual gases (including PAHs) are burnt completely at high temperature and with extended stay time. The lost heat from this combustion is used to provide the energy needed for coking, the excess heat that can be used to produce steam. On the economic level, this type of coking may require the use of a cogeneration unit to produce electricity from the surplus of steam. Currently, there is only one cokerie without recovery in the United States and another in Australia. The system mainly includes horizontal coke ovens without retrieval of the sole tile gas and a combustion chamber connecting two of these furnaces. In these two furnaces, it is carried out alternately with loading and coking. The combustion chamber is therefore always supplied with coke gas by one of the two furnaces. The burning of coke gas in the room provides the necessary heat. The combustion chamber is designed to ensure a sufficient length of living time (1 s approx.) and a temperature (900 ° C min.) sufficiently high.
54. An effective leak monitoring program will be implemented from the furnace door joints, upward columns and feed mouth pads. This will require searching for leaks, taking note of them and repairing them immediately, as well as for periodic maintenance. This will ensure that diffuse emissions are significantly reduced.
55. The upgrade of coke furnaces in service by a smoke condensation system from all sources, with heat recovery, allows a reduction of 86 to more than 90% of PAH emissions in the atmosphere (regardless of wastewater treatment). Investment expenses can be amortized in five years if the recovered energy, hot water produced, gas recovered for synthesis and cooling water savings are taken into account.
56. By increasing the volume of coke kilns, the total number of kilns, door opening manoeuvres (number of kilns per day) and the number of seals, and therefore the emissions of PAHs. At the same time, productivity is increased through reduced operating costs and staff costs.
57. Dry coke cooling processes require higher investment costs than wet processes. This extra cost can be compensated by a heat recovery obtained through the preheating of coke. In a combined cooling system with coke secretariat and coal preheating, energy efficiency increases from 38% to 65%. Preheating activates productivity by 30%, a percentage that can even reach 40% because cokefaction is more homogeneous.
58. All tanks and storage and processing facilities for coal tar and related products must be equipped with an effective vapour recovery and/or destruction system. Operating costs of destruction systems can be reduced to post-combustion mode without external thermal input if the concentration of carbon compounds in waste is sufficiently high.
59. Table 4 summarizes the possible measures to reduce PAH emissions in the shells.

Table 4
Possible measures to reduce PAH emissions in kokries
For the consultation of the table, see image
a Remaining emissions from emissions obtained in the absence of reduction measures.
B. Anode production
60. PAH emissions from anode production will be treated by techniques similar to those for coke production.
61. The following secondary measures are used to reduce dust emissions from PAHs:
(a) Electrostatic precipitation of tars;
(b) Combination of a classic electrostatic tar filter and a wet electric filter (more efficient technology);
(c) Thermal postcombustion of waste gases;
(d) Dry treatment of lime/coke of oil or alumina (Al2O3).
62. Post-combustion operating costs may be reduced if the concentration of carbon compounds in waste gases is high enough for self-combustion. Table 5 summarizes possible measures for reducing PAH emissions related to anode production.

Table 5
Possible measures to reduce PAH emissions from anode production
For the consultation of the table, see image
a Remaining emissions from emissions obtained in the absence of reduction measures.
C. Aluminum industry
63. Aluminum is the product of the Aluminum Electrolysis (Al2O3) in mass-mounted tanks (cells). Depending on the type of anode, we deal with precooked anode tanks or Soederberg tanks.
64. Precooked anode tanks are equipped with anodes composed of carbon blocks previously calcinated, which are replaced after partial consumption. Soederberg anodes are cooked in the tank itself; They are made of a mixture of oil coke and coal tar breeze acting as a binder.
65. The Soederberg process emits very large quantities of PAHs. As a primary measure, in-service facilities can be modernized and process optimization, reducing emissions from 70 to 90 per cent. It could then reach an emission rate of 0.015 kg of benzo(a)pyrene/aluminum ton. The replacement of Soederberg anodes by precooked anodes, which, however, requires a major redesign of current facilities, would almost completely eliminate PAH emissions. However, investment expenditures related to such an intervention are very high.
66. Table 6 summarizes the measures that can be taken to reduce PAH emissions from aluminum production.

Table 6
Possible measures to reduce PAH emissions from aluminum production using the Soederberg process
For the consultation of the table, see image
a Remaining emissions from emissions obtained in the absence of reduction measures.
D. Combustion in domestic households
67. Open stoves and fireplaces can emit PAHs, especially when using wood or charcoal. Households could therefore be an important source of PAH emissions due to the solid fuels they burn in fireplaces and small heating appliances. Coal-burning stoves emit less PAH than wood-walking stoves, as coal is of more regular quality and burns at higher temperatures. This is the most common solution in some countries.
68. It should also be noted that by optimizing the operating characteristics of combustion devices (e.g., combustion speed), it is possible to significantly reduce PAH emissions. This optimization includes the combustion chamber design as well as air intake. There are several techniques to improve combustion conditions and reduce emissions, which give quite different emission results. With a modern wood boiler equipped with a salvage water tank, which represents the best available technique, emissions are reduced by more than 90% compared to an old boiler not equipped with such a tank. A modern boiler includes three different areas: a fireplace for wood gasification, a gas combustion chamber with ceramic or other materials, which allows to reach temperatures of the order of 1000 °C, and a convection zone. The latter, where the water absorbs the heat of the gas, should be long and effective enough to reduce the temperature of the smoke from 1,000°C to 250°C or less. There are also other techniques to re-equip old boilers, including the installation of salvage water tanks, ceramic fillings or pellet burners.
69. By optimizing combustion speed, emissions of carbon monoxide, total hydrocarbons and polycyclic aromatic hydrocarbons are lowered. On the other hand, the limits set (by type-approval regulations) to carbon monoxide and total hydrocarbon emissions also affect PAH emissions. When total CO and hydrocarbon emissions are low, PAH emissions are also low. Since the measurement of PAHs is much more costly than that of carbon monoxide, it is much more economical to set limits to emissions of this gas, as well as total hydrocarbons. A draft standard for coal or wood boilers with a maximum power of 300 kW is under consideration at the European Standardization Committee (CEN) (see Table 7).

Table 7
CEN drafts in 1997
For the consultation of the table, see image
Note: Emission levels in mg/m³ for 10% O2.
70. The emissions of wood-operated domestic heating stoves can be reduced by the following:
(a) In the case of appliances already in service, through information and awareness programs regarding the need to properly use the stove, to burn only untreated, properly prepared and dried wood so as to reduce water content;
(b) In the case of new devices, the application of product standards such as the draft CEN standard (and equivalent product standards in Canada and the United States).
71. There are more general measures to reduce PAH emissions, i.e., the development of central facilities serving households and measures enabling an energy saving such as better thermal insulation.
72. Information on possible measures is summarized in table 8.

Table 8
Possible measures to reduce PAH emissions from domestic combustion
For the consultation of the table, see image
a Remaining emissions from emissions obtained in the absence of reduction measures.
E. Wood preservation facilities
73. Wood preserved with coal tar products containing PAHs can be an important source of PAH emissions in the atmosphere. Emissions can occur during the impregnation process itself as well as during the storage, handling and use of wood impregnated with open air.
74. The most widely used HAP products are carbonyl and creosote. It is in both cases of coal tar distillates containing PAHs that are used to protect timber from biological aggressions.
75. It is possible to reduce PAH emissions from wood preservation and storage facilities using several methods that can be either applied separately or combined, for example:
(a) Good storage conditions to prevent pollution of soil and surface water by PAH or contaminated rainwater training (i.e., the development of rainwater water-proof storage sites, covered premises, reuse of contaminated water in the impregnation process, quality production standards);
(b) Measures to reduce air emissions from impregnation facilities. (For example, warm wood temperature will be reduced from 90 °C to 30 °C at least before transporting it to storage sites. However, as the best available technique, another steam and vacuum method should be recommended to impregnate creosote wood;
(c) Research on the optimum load of wood preservatives, which give sufficient protection to in situ treated material and which can be considered the best available technique to the extent that it reduces replacement requirements, thereby reducing emissions from wood preservation facilities;
(d) Use of wood preservation products containing less PAHs that are POPs:
- Eventually using modified creosote which is a distillation fraction of which the boiling point is located between 270 and 355 °C and which reduces both the emissions of more volatile PAHs than those of heavier and more toxic PAHs;
- By not recommending the use of carbonyl, which would also reduce PAH emissions;
(e) Evaluation then use, as appropriate, alternatives, such as those indicated in Table 9 and which minimize reliance on PAH-based products.
76. Burning of impregnated wood leads to emissions of PAHs and other harmful substances. If burned, it should be carried out in facilities with adequate pollution control techniques.

Table 9
Possible solutions to replace wood preservation methods using HAP-based products
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Annex VI
Timeliness for applying limit values and best available techniques to new stationary sources and existing stationary sources
The deadlines for applying limit values and best available techniques are:
(a) For new stationary sources: two years after the date of entry into force of this Protocol;
(b) For existing stationary sources: eight years after the date of entry into force of this Protocol. If necessary, this period may be extended for existing fixed sources in accordance with the depreciation period provided by national legislation.

Annex VII
Recommended measures to reduce emissions of persistent organic pollutants from mobile sources
1. The relevant definitions are provided in Annex III to this Protocol.
I. EMISSION LEVELS FOR NEU VEHICLES AND CARBURANT PARAMETERS
A. Emission levels for new vehicles
2. Special diesel cars
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M: diesel-powered vehicles only.
3. Heavy vehicles
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4. All-terrain vehicles
Phase 1 (reference: UNECE Regulation No. 96)*
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* " Uniform provisions concerning the registration of compression-ignition engines for agricultural and forestry tractors with regard to emissions of pollutants from the engine. The Regulations came into force on 15 December 1995 and its amendment on 5 March 1997.
Phase 2
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B. Fuel parameters
5. Diesel fuel
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N.S.: Not specified.
* At 1^er January of the year.
** Indicative value.
II. RESTRICTION OF THE USE OF HALOGICAL FIXTURES AND ADDITIONS IN CARBRANTS AND LUBRIFIANTS
6. In some countries, dibromo-1.2 methane is used in combination with dichloro-1.2 methane as a fixator in leaded gasoline. In addition, it forms PCDD/PCDF during combustion in the engine. Installation of trifunctional catalytic converters on vehicles requires the use of leadless fuel. The addition of fixators or other halogenated compounds in gasoline and other fuels as well as in lubricants should therefore be avoided as much as possible.
7. Table 1 summarizes possible measures to reduce the emissions of PCDD/PCDF in the exhaust gases of road vehicles.

Table 1
Possible measures to reduce emissions of PCDD/PCDF in road vehicle exhaust gases
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III. MEASURES FOR REDUCTION OF POP EMISSIONS FOR MOBILE SOURCES
A. POP emissions of motor vehicles
8. These are mainly PAHs fixed on particles, emitted by diesel vehicles. Petrol vehicles also reject PAHs, but to a lesser extent.
9. Lubricants and fuels may contain halogenated compounds as additives or as a result of the production process. These compounds can be transformed into PCDD/PCDF during combustion, then rejected with exhaust gases.
B. Inspection and maintenance
10. In the case of diesel-powered mobile sources, the effectiveness of the control measures for PAH emissions can be ensured by means of periodic control programs for particulate emissions, or by means of measuring opacity to death acceleration, or by equivalent methods.
11. In the case of gasoline mobile sources, the effectiveness of the control measures of PAH emissions (in addition to releases of other components in exhaust gases) can be ensured through periodic control programs of the power system and the operation of the catalytic converter.
C. HAP emission control techniques
diesel or motor vehicles
petrol engine
1. General aspects
12. It is important to ensure that vehicles are designed to meet the emission standards while in operation, which is obtained by the following means: monitoring the conformity of production, the durability of equipment throughout the life of the vehicle, guarantee for emission control devices, and recall of defective vehicles. Maintaining the effectiveness of vehicle emission control devices in use can be ensured by an effective inspection and maintenance program.
2. Technical measures to combat emissions
13. The following measures to combat PAH emissions are important:
(a) Fuel quality specifications and engine modification to prevent emission formation (primary measurements);
(b) Installation of exhaust gas treatment devices, such as single oxidation catalysts or particulate filters (secondary measurement).
(a) Diesel engines
14. A change in the composition of diesel fuel can be double advantageous: a lower sulphur content reduces particulate emissions and increases the efficiency of single oxidation catalysts, and the reduction of di- and tri-aromatic compounds results in a reduction in the formation and emission of PAHs.
15. In order to reduce emissions, a primary measure is to modify the engine to obtain a more complete combustion. Many solutions are currently being implemented. Generally, the composition of exhaust gases changes according to the combustion chamber design and injection pressure. On most diesel engines, the regulation is currently done by mechanical means, but the new engines are increasingly equipped with computerized electronic control systems offering better possibilities to control emissions. The combined use of turbocompression and intermediate cooling of exhaust gases is another solution that reduces NOx emissions, saves fuel and increases engine power. Both for large and small cylinders, the intake collector's agreement setting also offers interesting possibilities.
16. Measures applicable to lubricant are important to reduce emissions of particulate matter (PM), as 10 to 50 per cent of the lubricants come from motor oils. Oil consumption can be reduced by an intervention in engine manufacturing standards and an improvement in joints.
17. Secondary emission control measures are to add exhaust gas treatment devices. The use of a simple oxidation catalyst, coupled with a particulate filter, has been proven against the PAH emissions of diesel engines, and an oxidation particle trap is being tested. Placed in the exhaust system, this device holds the particles; a regeneration by burning the collected MPs is possible to some extent, by an electric heating system. For effective regeneration of passive traps in normal operation, however, it is necessary to either use a burner or use additives.
(b) Petrol engines
18. The reduction of PAH emissions by gasoline engines is mainly done by the trifunctional catalytic converter that reduces hydrocarbon emissions in general.
19. Improved cold start-up features reduce the emissions of organic substances in general, and in particular PAHs (examples of measurements: start-up catalysts, catalyst warming and improved vaporization and fuel spraying).
20. Table 2 summarizes the possible measures for reducing PAH emissions in road vehicle exhaust gases.

Table 2
Possible measures to reduce PAH emissions in road vehicle exhaust gases
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Annex VIII
Categories of large stationary sources
I. INTRODUCTION
Facilities or parts of facilities used for research and development activities and for testing new products are not included in this list. A more detailed description of the categories is provided in Appendix V.
II. LIST OF CATEGORIES
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Protocol to the 1979 Convention on Long-range Transboundary Air Pollution on Persistent Organic Pollutants and Annexes to Aarhus on 24 June 1998
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