25 MAI 2005. - An Act to approve the Protocol to the Convention on Long-range Transboundary Air Pollution of 1979 on Heavy Metals 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 of 1979 on Heavy Metals, and the Annexes to Aarhus on 24 June 1998, will emerge their full and full effect.
Amendments to Annexes III and VII of the Protocol, which will be adopted pursuant to Article 13 of the Protocol, without Belgium opposing their adoption, will come out 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 and Science Policy,
Mr. VERWILGHEN
Minister of Public Health,
R. DEMOTTE
Minister of Agriculture,
Mrs. S. LARUELLE
Minister of Mobility,
R. LANDUYT
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 16 December 2004, No. 3-962/1. Report, No. 3-962/2
Annales Parlementaires. - Discussion, meeting of 17 February 2005. - Vote, meeting of 17 February 2005.
House of Representatives.
Documents. - Project transmitted by the Senate, No. 51-1622/1. - Text adopted in plenary and subject to Royal Assent, No. 51-1622/2.
Annales parliamentarians. - Discussion, meeting of 17 March 2005. - Vote, meeting of 17 March 2005.
(2) See Decree of the Flemish Community of 26 March 2004 (Belgian Monitor of 21 May 2004), Decree of the Walloon Region of 4 December 2003 (Belgian Monitor of 15 January 2004), Order of the Brussels Capital Region of 5 December 2003 (Belgian Monitor of 7 January 2004).

Protocol to the 1979 Convention on Long-range Transboundary Air Pollution on Heavy Metals
Parties,
Determined to implement the Convention on Long-range Transboundary Air Pollution,
Concerned that emissions of certain heavy metals are transported beyond national borders and can cause damage to ecosystems important to the environment and the economy and may have adverse health effects,
Considering that combustion and industrial processes are the main anthropogenic sources of heavy metal emissions in the atmosphere,
Recognizing that heavy metals are natural constituents of the earth's crust and that many heavy metals, in certain forms and in appropriate concentrations, are essential to life,
Taking into consideration existing scientific and technical data on emissions, geochemical processes, transport in the atmosphere and effects on the health and environment of heavy metals, as well as on pollution control techniques and their cost,
Recognizing that management techniques and methods are available to reduce air pollution from heavy metal emissions,
Recognizing that countries in the region of the United Nations Economic Commission for Europe (UNECE) are experiencing different economic conditions and that in some countries the economy is in transition,
Determined to take measures to anticipate, prevent or minimize emissions of certain heavy metals and their compounds, 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,
Aware of the fact that measures taken to combat heavy metal emissions would also contribute to the protection of the environment and health outside the UN/ECE region, including in the Arctic and in international waters,
Noting that reducing emissions of particular heavy metals can also contribute to reducing emissions from other pollutants,
Recognizing that new and more effective measures may be necessary to combat and reduce emissions of certain heavy metals and that, for example, effects-based studies may serve as a basis for the application of new measures,
Noting the important contribution of the private sector and the non-governmental sector to knowledge of the effects of heavy metals, available alternatives and pollution control technologies, and their efforts to help reduce emissions of heavy metals,
Taking into account activities on the fight against heavy metals at the national and international levels,
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 paragraph 1^er Article 10 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. "heavy metals" means metals or, in some cases, metalloids that are stable and have a density greater than 4.5 g/cm³ and their compounds;
8. "emission" means a rejection in the atmosphere from a point or diffuse source;
9. "fixed source" means any building, structure, device, installation or fixed equipment that emits or may emit directly or indirectly into the atmosphere one of the heavy metals listed in Appendix I^re;
10. A "new fixed source" means any fixed source that is beginning to build or that is undertaking to substantially alter upon the expiry of a two-year period beginning on the date of entry into force: (i) this Protocol, or (ii) an amendment to Schedule I^re or II, if the fixed source falls under the provisions of this Protocol only under this 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 environmental benefits of this amendment;
11. Class of large stationary sources means any class of stationary sources referred to in Appendix II that contributes for at least 1% of the total emissions of one of the heavy metals listed in Appendix I^re from fixed sources of a Party for the reference year established in accordance with Annex I^re.
OBJET
Article 2
The purpose of this Protocol is to control the emissions of heavy metals from anthropogenic activities that are transported to the atmosphere beyond the borders over long distances and are likely to have significant adverse effects on health or the environment, in accordance with the provisions of the following articles.
FUNDAMENTAL OBLIGATIONS
Article 3
1. Each Party reduces its total annual emissions to the atmosphere of each of the heavy metals listed in Appendix I^re relative to the level of emissions in the reference year established in accordance with this annex, taking effective measures appropriate to its particular situation.
2. Each Party shall, no later than the time limits specified in Annex IV:
(a) The best available techniques, taking into consideration Appendix III, for each new fixed source in a class of large stationary sources for which the best available techniques are defined in Appendix III;
(b) The limit values specified in Appendix V with respect to each new fixed source in a class of large stationary sources. Any Party may, if not, apply different emission reduction strategies that generally result in equivalent emission levels;
(c) The best available techniques, taking into consideration Appendix III, for each existing fixed source in a class of large stationary sources for which the best available techniques are defined in Appendix III. Any Party may, if not, apply different emission reduction strategies that generally result in emission reductions;
(d) The limit values specified in Appendix V with respect to each existing fixed source in a class of large stationary sources, provided that this is technically and economically possible. Any Party may, if not, apply different emission reduction strategies that generally result in emission reductions.
3. Each Party shall apply to products regulatory measures in accordance with the conditions and time limits specified in Annex VI.
4. Each Party should consider the possibility of applying additional management measures to products, taking into account Annex VII.
5. Each Party shall prepare and maintain inventories of heavy metal emissions listed in Annex I^re, using at least the methods specified by the EEMEP Governing Body, if located in the geographic area of the EEMEP activities, or using the methods developed under the work plan of the Executive Body, if located outside this area.
6. Any Party that, after applying paragraphs 2 and 3 above, fails to comply with the provisions of paragraph 1^er above for one of the heavy metals listed in Appendix I^re is exempt from its obligations under paragraph 1^er above for this heavy metal.
7. Any Party whose total area exceeds 6 million square kilometres is exempt from its obligations under paragraph 2 (b), (c) and (d) if it can demonstrate that, no later than eight years after the date of entry into force of this Protocol, it will have reduced its annual emissions by each of the heavy metals listed in Annex I^re from source categories specified in Appendix II of not less than 50% compared to the level of emissions from these categories in the reference year set out in Appendix I^re. Any Party intending to avail itself of this paragraph shall specify it at the time it signs or accedes to this Protocol.
CHANGE OF INFORMATION AND TECHNOLOGIES
Article 4
1. Parties, in accordance with their laws, regulations and practices, facilitate the exchange of technologies and techniques to reduce emissions of heavy metals, including, but not limited to, trade to encourage the development of product management measures and the application of best available techniques, in particular by addressing:
(a) Trade in available technologies;
(b) Direct contacts and cooperation in the industrial sector, including joint ventures;
(c) Exchange of information and experience data;
(d) Technical assistance.
2. To promote activities specified in paragraph 1^er above, Parties create favourable conditions by facilitating contacts and cooperation between relevant organizations and individuals who, both in the private sector and in the public sector, are able to provide technology, engineering and engineering services, equipment or financial means.
STRATEGIES, POLICIES, PROGRAMMES AND MEASURES
Article 5
1. Each Party shall develop without undue delay strategies, policies and programmes to fulfil its obligations under this Protocol.
2. In addition, any Party may:
(a) Apply economic instruments to encourage the adoption of cost-effective methods for reducing heavy metal emissions;
(b) Develop voluntary agreements and agreements between the State and industry;
(c) Encourage more efficient use of resources and raw materials;
(d) Encourage the use of cleaner energy sources;
(e) Take measures to design and implement cleaner transport systems;
(f) Take steps to phase out certain processes leading to the emission of heavy metals where industrially applicable alternative processes are available;
(g) Take measures to design and use cleaner processes to prevent and combat pollution.
3. Parties may take more stringent measures than those provided for in this Protocol.
RESEARCH AND SURVEILLANCE
Article 6
Parties, with a focus on heavy metals listed in Appendix I^reencourage research and development, monitoring and cooperation in particular, but not exclusively:
(a) Emissions, long-range transport and deposition levels as well as 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 and anti-emission techniques currently used by Parties and developing countries;
(e) Collection, recycling and, where necessary, disposal of products and wastes containing one or more heavy metals;
(f) Methods to consider socio-economic factors for the evaluation of different control strategies;
(g) An impact-based approach that takes into account appropriate information, including those obtained under subparagraphs (a) to (f) above, on the levels of pollutants in the environment, their dissemination channels and their effects on health and the environment, as measured or modelled, for the development of future optimised control strategies that also take into account economic and technological factors;
(h) Alternative solutions to abandon the use of heavy metals in the products listed in Annexes VI and VII;
(i) The collection of information on concentrations of heavy metals in certain products, the risk of emissions of these metals during the manufacturing, processing, marketing, use and disposal phases of the product, and the techniques applicable to reduce these emissions.
INFORMATION A COMMUNIQUER
Article 7
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 located in the geographic area of EEMEP 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 the levels of heavy metal emissions listed in Annex I^re using the methods and temporal and spatial resolution specified by the EEMEP Steering Body to this effect. Parties located outside the geographic area of EEMEP activities shall make similar information available to the Executive Body if requested. In addition, each Party, as appropriate, collects and discloses relevant information on its emissions from other heavy metals, taking into account the indications given by the EEMEP Steering Body and the Executive Body with regard to the methods and temporal and spatial resolution.
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 heavy metal depositions.
CALCULS
Article 8
EEM, using appropriate models and measures, provides the Executive Body, in due time before each of its annual sessions, with calculations of transboundary fluxes and heavy metal depositions within the geographic area of its activities. Apart from the geographic area of EEMEP activities, Parties to the Convention will use models adapted to their particular situation.
RESPECT OF OBLIGATIONS
Article 9
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 conduct such reviews and report to the Parties meeting within the Executive Body in accordance with the provisions of the annex to that decision and any amendments thereto.
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 consider the information provided by Parties, EEM and other subsidiary bodies, as well as the reports of the Implementation Committee referred to in Article 9 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.
(a) For these reviews, the best available scientific information will be taken into account on the effects of heavy metal deposition, technological progress assessments and economic developments;
(b) These reviews will include the following:
(i) To assess the progress made in getting closer to the objective of this Protocol;
(ii) To assess whether further reductions in emissions beyond the levels required by this Protocol are justified in further reducing harmful effects on health or the environment; and
(iii) Consider the extent to which a satisfactory basis exists for the application of an effect-based approach;
(c) The modalities, methods and timing of these reviews are decided by the Parties at a session of the Executive Body.
4. The Parties, based on the conclusion of the review referred to in paragraph 3 above, shall prepare, as soon as possible after the completion of this review, a work plan for new measures to be taken to reduce emissions in the atmosphere of heavy metals listed in Annex I^re.
DIFFERENDUM REGULATIONS
Article 11
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 12
The annexes to this Protocol are an integral part of the Protocol. Annexes III and VII are recommended.
AMENDMENTS TO THE PROTOCOL
Article 13
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^reII, IV, V and VI 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 with the Depositary. Amendments shall enter into force in respect of any other Party on the ninetieth day after the date on which the said Party deposited its instrument of acceptance of the amendments.
4. Amendments to Annexes III 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 Schedule III 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, VI or VII by adding a heavy metal, a product control measure or a product or product group to this Protocol:
(a) The sponsor of the proposal shall provide the Executive Body with the information specified in Executive Body Decision 1998/1 and any amendment thereto; and
(b) The Parties shall assess the proposal in accordance with the procedures set out in Executive Body Decision 1998/1 and any amendments thereto.
7. Any decision to amend Executive Body Decision 1998/1 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 14
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, subject to the agreement of the States and the organizations concerned.
2. In matters falling within their jurisdiction, these 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 15
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 from 21 December 1998.
DEPOSITARY
Article 16
Instruments of ratification, acceptance, approval or accession shall be deposited with the Secretary-General of the United Nations, who acts as Depositary.
BACKGROUND
Article 17
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 Article 14, 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 18
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
Article 19
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 faith, 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
Heavy metals referred to in paragraph 1 of Article 3 and reference year for the obligation
For the consultation of the table, see image

Annex II
Category of stationary sources
I. INTRODUCTION
1. This Appendix does not apply to facilities or parts of facilities used for research and development or testing new products or processes.
2. The limit values indicated below are generally relevant to production capacity or actual production. When an operator engages in several activities related to the same sub-electricity in the same facility or on the same site, the capacity for these activities is added.
II. LIST OF CATEGORIES
For the consultation of the table, see image
Annex III
Best available techniques to control emissions of heavy metals and their compounds from source categories listed in Appendix II
I. INTRODUCTION
1. The purpose of this annex is to provide guidance to Parties to determine the best available techniques for stationary sources to enable them to fulfil their obligations under 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 based on the official documentation of the Executive Body and its subsidiary bodies, including documents received and considered by the Task Force on Heavy Metals and the Ad Hoc Working Group on Heavy Metals. In addition, other international information was taken into account on best available techniques to combat emissions (e.g., European Community technical notes on BATs, PARCOM recommendations on BATs and information provided directly by experts).
4. The experience of new facilities and products that rely on cleaner technologies, as well as the upgrading of existing facilities, is growing steadily, so that this annex may need to be amended and updated.
5. The following is a description of a number of measures that vary widely in cost and efficiency. The choice of measures applicable in each case depends on several factors, which can be limiting, including the economic situation, technological infrastructure, anti-emission devices already in place, security, energy consumption and the fact that the source is new or already exists.
6. In this annex, the emissions of cadmium, lead and mercury and their compounds are considered to be solid (by particle link) and/or gaseous. The chemical forms of these compounds are generally not considered here. However, the effectiveness of anti-emission devices based on the physical properties of the heavy metal concerned was taken into account, particularly in the case of mercury.
7. Emission values, expressed in mg/m³refer to the uncorrected normal conditions (volume 273.15 K, 101.3 kPa, dry gases) of the oxygen concentration, unless otherwise specified, and are calculated according to the techniques projected by the CEN (European Standards Committee) and, in some cases, according to national sampling and monitoring techniques.
II. GENERAL ENVISAGEABLE OPTIONS FOR EMISSIONS
LOURDS AND COMPOSE
8. There are several ways to combat or prevent heavy metal emissions. Among the emission reduction measures, the application of additional technologies and the modification of processes (including control of operations and maintenance) are important. The following measures may be used, the application of which may be modified according to the technical conditions or the general economic situation:
(a) Application of cleaner production technologies, including new facilities;
(b) Epuration of gaseous effluents (secondary reduction measures) including filters, scrubbers or absorbers;
(c) Modification or preparation of raw materials, fuels and/or other starting products (e.g. use of raw materials with low heavy metal content);
(d) Adoption of optimal management methods - good internal organization, preventive maintenance programs, etc. - or primary measures, including containment of dust-producing units;
(e) Application of environmentally appropriate management techniques for the use and disposal of certain products containing cadmium, lead and/or mercury.
9. It is necessary to monitor the implementation of emission control procedures in order to ensure that appropriate measures and methods are properly applied and that emissions are effectively reduced. This control will consist of:
(a) An inventory of the above-defined reduction measures that have already been implemented;
(b) Compare the actual reductions of Cd, Pb and Hg to the objectives set out in the Protocol;
(c) Determine the characteristics of Cd, Pb and Hg quantified emissions from relevant sources by appropriate techniques;
(d) Ensure that regulators conduct a periodic audit of the reduction measures applied to ensure that they function properly over time.
10. Emission reduction measures should be cost-effective. The cost-effectiveness ratio should be determined based on the total annual reduction unit costs (equipment costs and operating costs included). Emission reduction costs should also be considered in the context of the process as a whole.
III. TECHNICAL ANTIEMISSIONS
11. The main categories of Cd, Pb and Hg anti-emission techniques available are: primary measures such as replacement of raw materials or fuels, low-polluting production technologies, and secondary measures such as reduction of fugitive emissions and purification of gaseous effluent. Specific techniques for different sectors are set out in chapter IV.
12. Efficiency data, which is the result of practical experience, are expected to translate the capabilities of the facilities currently in service. The overall efficiency of the reductions in combustion gas and fugitive emissions depends, to a large extent, on the performance of gas separators and dust removers (e.g., vacuum hoods). Capture and collection efficiency was demonstrated to be over 99% and experience showed that in some cases, control measures could reduce global emissions by at least 90%.
13. In the case of emissions of cadmium, lead and mercury attached to particles, metals can be picked up by dust dusters. Table 1 shows the characteristic dust concentrations after gas purification using certain techniques. Most of these measures were generally applied in different sectors. Table 2 provides information on the theoretical minimum effectiveness of certain gaseous mercury capture techniques. The application of these measures depends on each particular process; their usefulness is optimal when mercury concentrations in combustion gases are high.
Table 1
Performance of dust removal devices expressed in mean hourly dust concentrations
For the consultation of the table, see image
Note: At medium or low pressure, scrubbers and cyclones generally have lower dusting power.
Table 2
Theory minimum performance of mercury separators expressed in mean hourly concentrations of mercury
For the consultation of the table, see image
14. It should be ensured that the application of these control measures does not create other environmental problems. A low-emission process in the atmosphere should not be used if it increases the total impact on the environment of the release of heavy metals due, in particular, to increased water pollution caused by liquid effluent. The final destination of captured dust will also be considered through the improved gas purification process. The handling of these residues can have a negative effect on the environment that will reduce the benefit of a drop in the atmosphere of dust and industrial smoke.
15. Emission reduction measures can focus on both production and gaseous effluent purification techniques. These two applications are not independent from each other, the choice of a given process that may exclude certain gas purification methods.
16. The choice of a given technique will depend on parameters such as: the concentration of pollutants and/or the chemical forms under which they are present in the raw gas, the density of the gas, the temperature of the gas or other factors, so that the areas of application can very well overlap; in such cases, the specific conditions will dictate the choice of the most appropriate technique.
17. The following is a description of measures to reduce emissions of chimney gases in different sectors. Fugitive emissions must be taken into account. The means used to reduce the emissions of dust caused by unloading, handling and storage of raw materials or by-products, which are certainly not subject to long-range transport, may nevertheless have an impact on the local environment. They can be reduced by transferring the activities involved in closed buildings from all sides, possibly equipped with ventilation and dusting systems, aspersion circuits or other appropriate devices. In the case of open-air storage, the surface of the material must be protected from the wind drive effect. It will be ensured that storage sites and access routes remain consistently clean.
18. The figures for investments and costs in the tables have been drawn from various sources and are very specific. They are expressed in U.S. dollars of 1990 [1 U.S. dollar (1990) = 0.8 Ec (1990)) and depend on factors such as facility capacity, power and raw gas concentration, type of technology and choice of new facilities as opposed to upgrading existing facilities.
IV. SECTORS
19. This chapter provides, in the form of a table per sector, the main sources of emissions, anti-emission measures based on the best available techniques, the reduction rate that they allow and the associated costs, when known. Unless otherwise indicated, the reduction rates in the tables relate to direct emissions of chimney gases.
Combustion of fossil fuels in boilers of electrical and heating plants and industrial boilers (annex II, category 1)
20. Coal combustion in power plants and heating boilers and in industrial boilers is one of the main sources of anthropogenic mercury emissions. The coal content in heavy metals is generally much higher than that of oil or natural gas.
21. The improvement of conversion efficiency and energy saving measures will result in a decrease in emissions of heavy metals due to the need for less fuel. The combustion of natural gas or replacement fuels with a low heavy metal content instead of coal would also result in a significant reduction in emissions of heavy metals such as mercury. The technology of integrated gasification power plants in the combined cycle (GICC) is a new process that only generates low emissions.
22. Heavy metals, with the exception of mercury, are issued in solid form in combination with flying ash particles. The amount of flying ash produced depends on the different combustion techniques of coal: 20 to 40% of the ash are flying ash when combustion is carried out in grilled boilers; This proportion is 15% in fluidized bed boilers and 70% to 100% in pulverulent ash boilers (coal spraying). It was found that the heavy metal content was more important in the fraction of the flying ash composed of fine particles.
23. Coal preparation, such as "washing", "organic processing", reduces the concentration of heavy metals due to the presence of inorganic matter in coal. However, the degree of removal of heavy metals by this technology is extremely variable.
24. Over 99.5% dust removal can be obtained by means of electric dust dust (DPE) or tissue filters (FT), lowering the dust concentration to about 20 mg/m³ in many cases. Emissions of heavy metals, with the exception of mercury, may be reduced by at least 90% to 99%, the lowest figure for the most volatile elements. Reduced gaseous mercury smoke content is favoured by low filtering temperatures.
25. The use of techniques to reduce emissions of nitrogen oxides, sulphur dioxide and particulate matter from combustion gases can also eliminate heavy metals. Appropriate treatment of wastewater should avoid intermilial impacts.
26. With the above techniques, the mercury elimination rate varies considerably from one facility to another, as shown in Table 3. Research is under way to develop mercury removal techniques, but while waiting for them to be available at the industrial level there is no better available technique specifically designed to eliminate mercury.
Table 3
Anti-emission measures, reduction rates and costs for the fossil fuel combustion sector
For the consultation of the table, see image
a. Mercury elimination rates increase based on the proportion of ionic mercury. Selective catalytic reduction treatments, when the amount of dust is important, promote the formation of Hg (II).
b. This is essentially the reduction of SO2. The reduction of heavy metal emissions is an additional advantage. (Specific investment: US$ 60-250/kWel.)
Primary steel (Appendix II, Class 2)
27. This section deals with emissions from agglomeration facilities, brewing workshops, high furnaces and steel mills using basic oxygen converters (CBOs). Cd, Pb and Hg emissions occur in combination with particles. The concentration of metals in the dust released depends on the composition of raw materials and the types of alloy metals used in steelwork. The most important emission reduction measures are presented in table 4. Fabric filters must be used as much as possible. Alternatively, electric dusters and/or high-performance scrubbers can be used.
28. The use of the best technique available in primary steel allows the total dust emissions directly related to the process to be reduced to the following values:
For the consultation of the table, see image
29. Gas purification using tissue filters reduces the amount of dust to less than 20 mg/m³50 mg/m³ for electric shock absorbers or scrubbers (on average time). However, many uses of tissue filters in primary steel allow for very lower values.
Table 4
Emission sources, anti-emission measures, dust removal rates and costs for the primary steel industry
For the consultation of the table, see image
30. Direct reduction and fusion are under development and could reduce the use of agglomeration facilities and furnaces in the future. The application of these technologies depends on the properties of the ore and requires that the resulting product be developed in an arc furnace with appropriate control devices.
Secondary steel (Annex II, category 3)
31. It is very important to capture all emissions as efficiently as possible. This can be achieved by installing removable niches or hoods or ensuring the complete evacuation of the building. Captured emissions must be cleaned. For all dust-generating processes used in secondary steel, dust removal using tissue filters, which reduces dust content to less than 20 mg/m³, will be considered as BAT. When the BAT is also used to minimize fugitive emissions, the specific amounts of dust emitted (including fugitive emissions directly related to the process) will be included in an interval of 0.1 to 0.35 kg/Mg steel. In many cases, the use of tissue filters reduces the amount of dust-pure gas to less than 10 mg/m³. The specific amounts of dust emitted are normally less than 0.1 kg/Mg.
32. Two types of furnace are used for the melting of scrap: the Martin furnaces - which will be phased out - and the arc furnaces (FA).
33. The concentration of heavy metals considered in rejected dust depends on the composition of ferrails and the types of alloy metals entering the manufacture of steel. Based on measurements in arc furnaces, heavy metal emissions are 95% vapour for mercury and 25% for cadmium. The most important emission control measures are presented in Table 5.
Table 5
Emission sources, anti-emission measures, dusting rates and costs for the secondary steel sector
For the consultation of the table, see image
Foundries (annex II, category 4)
34. It is very important to capture all emissions as efficiently as possible. This can be achieved by installing removable niches or hoods or ensuring the complete evacuation of the building. Captured emissions must be cleaned. Cubilots, arc furnaces and induction kilns are exploited in foundries. Direct emissions of heavy metals in the form of particles and gases are particularly associated with fusion, but also, even to a small extent, with casting. The fugitive emissions are generated by the manipulation, fusion, casting and barking of raw materials. The most important emission reduction measures are presented in Table 6, indicating possible reduction rates and costs, when known. These measures can reduce dust concentrations to 20 mg/m³ Or less.
Table 6
Emission sources, anti-emission measures, dusting rates and costs for the foundry sector
For the consultation of the table, see image
35. The foundry industry includes a wide range of production facilities. For small existing facilities, the measures indicated do not always correspond to the best available techniques if they are not economically viable.
First and second fusion non-ferrous metal industry (annex II, categories 5 and 6)
36. This section deals with the emissions of Cd, Pb and Hg and the reduction of these emissions in primary and secondary production of non-ferrous metals such as lead, copper, zinc, tin and nickel. Given the diversity of raw materials used and applied processes, virtually all types of heavy metals and heavy metal compounds can be rejected by this sector. Given the heavy metals considered in this annex, copper, lead and zinc production is of particular interest.
37. Ores and concentrates of mercury are initially treated by crushing and sometimes by screening. Ore enrichment techniques are not widespread, even if the flotation process has been used in some facilities dealing with low-grade ore. The crushed ore is then heated either in cranes, if it is small operations, or in kilns, in the case of large operations, and brought to the temperatures at which the sublimation of mercury sulphide occurs. The resulting mercury vapour is condensed in a cooling system and collected as metallic mercury. The soot that is formed in condensers and decanting basins should be removed, treated with lime and delivered into the cornea or furnace.
38. Several techniques can be used for optimal mercury recovery. We can:
- Take measures to reduce dust formation during extraction and storage operations, including by minimizing stock size;
- Indirect heating of the oven;
- Maintain ore as dry as possible;
- Bring the gas temperature to the condenser's inlet at a level above 10-20 °C only at the dew point;
- Maintain the output temperature as low as possible;
- Switch the reaction gases into a selenium after condensation and/or selenium filter.
Indirect heating, separate treatment of grades of fine-grained ore and control of the water content of the ore can limit the formation of dust. Dusts should be removed from the hot reaction gases prior to their entry into the mercury condensation device by means of cyclones and/or electric shocks.
39. To produce gold by merging, it is possible to use strategies similar to those used for mercury. Gold is also produced by techniques other than fusion and these techniques are considered preferable for new installations.
40. Non-ferrous metals are mainly produced from sulphide ores. For technical and product quality reasons, the gaseous effluents must be subjected to extensive removal (< 3 mg/m³) and may also have to be removed from their mercury before being directed to a SO3 manufacturing facility by the contact process, which will also have the effect of minimizing emissions of heavy metals.
41. When applicable, tissue filters should be used to reduce to less than 10 mg/m³ dust content. Dusts from all production operations by pyrométallurgy should be recycled locally or elsewhere and measures should be taken to protect the health of workers.
42. The first experiments concerning primary lead production show that there are new and interesting techniques of direct fusion reduction without agglomeration of concentrates. These processes are characteristic of a new generation of autogenic lead fusion techniques that pollute less and consume less energy.
43. The second fusion lead comes mainly from the used cars and truck batteries, which are dismantled before being transported directly to the oven. The BAT shall include a melting operation in a low rotary furnace or in a vertical furnace. Oxycombustible burners make it possible to reduce by 60% the volume of gaseous waste and the production of chimney dust. Combustion gas purification using tissue filters allows to reach dust concentration levels of 5 mg/m³.
44. Primary zinc is produced by electrolysis (grillage-lixiviation). Grilling can be replaced by pressure leaching which can be considered as BAT for new installations, depending on the properties of the concentrate. Emissions from the production of zinc by pyrométallurgie in the "Imperial Smelting" process kilns (high zinc kilns) can be reduced by the use of double bell and high-performance purifiers or effective systems for the evacuation and purification of the gas from the dairy and lead castings, and to the purification of 10 <³) gaseous effluents rich in carbon monoxide that emanate from ovens.
45. To recover zinc from oxidized residues, these are treated in an "Imperial Smelting" oven. Very poor residues and chimney dust (e.g., ironwork) are previously treated in rotary furnaces (Waelz kilns) where a high-zinc oxide is produced. Metallic materials are recycled by melting either in in induction furnaces or in direct or indirect heat furnaces obtained from natural gas or liquid fuels, or in vertical "New Jersey" horns, in which various oxide or metal recovery materials can be recycled. Zinc can also be obtained from the slags of lead kilns through a process of slag reduction.
46. As a general rule, processes must include an effective dust recovery device for both primary and fugitive emissions. The most important emission reduction measures are presented in tables 7 (a) and 7 (b). The use of tissue filters allowed, in some cases, to reduce dust concentration to less than 5 mg/m³.
Table 7 (a)
Emission sources, anti-emission measures, dusting rates and costs for the primary non-ferrous metal industry
For the consultation of the table, see image
Table 7 (b)
Emission sources, anti-emission measures, dusting rates and costs for the second-merged non-ferrous metal industry
For the consultation of the table, see image
Cement industry (annex II, category 7)
47. Cement kilns can use used oils or used tyres as booster fuels. When waste is burned, the emission requirements for waste incineration processes may apply and, in the case of hazardous wastes, depending on the quantity treated in the facility, the emission requirements for hazardous waste incineration processes may be applicable. But in this section only fossil fuel furnaces will be discussed.
48. Particles are emitted at all stages of cement production, from the handling of materials to the preparation of cement, to the processing of raw materials (in crushers and desiccators) and the production of clinker. Heavy metals are associated with raw materials, fossil fuels and waste used as fuel loaded in the cement furnace.
49. The production of clinker is done using the following types of furnaces: high wet rotary oven, high rotary oven by dry track, rotary oven with cyclone preheating device, rotary oven with grille preheating device and vertical furnace. Rotary furnaces with cyclone preheating device consume less energy and offer more emission reduction opportunities.
50. To recover the heat, the residual gases from the rotary kilns are passed through the preheating system and the crushing dryers (when such equipment is installed) before dusting them. The dusts thus collected are returned to the feed circuit.
51. Less than 0.5% of lead and cadmium entering the furnace is released with combustion gases. The high content of alkaline substances and the purification that takes place in the oven promote the retention of metals in the clinker or in the furnace dust.
52. It is possible to reduce emissions of heavy metals in the atmosphere, for example, by taking the exhaust stream and storing the dust collected instead of sending them back to the feed circuit. However, in each case, it is appropriate to balance the benefits of this solution and the consequences of a release of heavy metals in the waste stock. Another solution is the derivation of the calcinated hot metal, which is partially discharged in front of the oven entrance and transported to the cement preparation facility. We can also amalgamate the dust to the clinker. It is also important to ensure the regular operation of the oven in order to avoid emergency stops of electrical dusters that may result from excessive CO concentrations. These emergency stops may lead to heavy metal emission peaks.
53. The most important emission reduction measures are presented in table 8. To reduce the direct emissions of dust at the level of crushers, grinders and dryers, we mainly use tissue filters, while the residual gases of the clinker and furnace cooling system are treated with electric dusters. With DPEs, dust can be reduced to concentrations below 50 mg/m³. With FT, the dust content of the clean gas may fall to 10 mg/m³.
Table 8
Emission sources, emission control measures, reduction rates and costs for the cement industry
For the consultation of the table, see image
Glass industry (annex II, category 8)
54. In the glass industry, lead emissions are far from negligible, given the different types of glass that contain lead (e.g. crystal or cathodic tubes). In the case of sodo-calcic hollow glass, lead emissions depend on the quality of the recycled glass used. The lead content of the dust from the crystal fusion is generally between 20 and 60%.
55. Dust emissions occur mainly during the mixing of vitrifiable mixture, in the ovens, due to diffuse leaks at the opening of the ovens and at the time of product finishing and blowing. They depend to a large extent on the type of burnt fuel, the type of oven and the type of glass produced. Oxycombustible burners can reduce by 60% the volume of gaseous waste and the emissions of chimney dust. Lead emissions from electric heating are very lower than those from oil or gas heating.
56. The mixture is melted in continuous power tanks, pot ovens or hollows. With staple feed ovens, dust emissions fluctuate greatly during the fusion cycle. Crystal tanks emit more dust (< 5 kg/Mg of melted glass) than other tanks (< 1 kg/Mg of glass obtained by fusion of sodium carbonate or potassium).
57. Among the measures to reduce the direct emissions of metal dust are the granulation of the vitrifiable mixture, the replacement of the oil or gas heating systems by electrical systems, the incorporation of a larger quantity of glass returns in the mixture and the use of a better range of raw materials ( granulometric repartition) and recycled glass (avoid to lead the fractions of the mixture). Exhaust gases can be cleaned in tissue filters, which reduces emissions to less than 10 mg/m³. With electric dusters, they can be reduced to 30 mg/m³. The corresponding emission reduction rates are given in table 9.
58. Leadless crystal processes are under development.
Table 9
Emission sources, anti-emission measures, dusting rates and costs for the glass industry sector
For the consultation of the table, see image
Chlorine and Caustic Soda Industry (Appendix II, Class 9)
59. In the chlorine and caustic soda industry, Cl2, alkaline hydroxides and hydrogen are obtained by electrolysis of a saline solution. Existing facilities commonly use the mercury cathode process and the diaphragm process, both requiring good practices to avoid environmental problems. The membrane process does not cause any direct emissions of mercury. In addition, it consumes less electrolytic energy and more heat for the concentration of alkali hydroxides (the overall energy balance giving a slight advantage, from 10 to 15%, to membrane technology); it uses more compact tanks. It is therefore considered the best option for new installations. In its Decision 90/3 of 14 June 1990, the Paris Commission for the Prevention of Land-based Marine Pollution (PARCOM) recommended that, as soon as possible, phase-out of mercury cathode facilities for the manufacture of chlorine and soda be phased out in 2010.
60. According to available information, the specific investment needed to replace the mercury cathode process with the membrane process would be in the range of $700 to $1,000 E.U./Mg capacity of Cl2. In spite of a possible increase in water spending, electricity, etc., and the cost of cleaning the saline solution in particular, operating costs will decrease in most cases, due to savings due mainly to lower energy consumption and reduced costs of wastewater treatment and waste disposal.
61. Sources of mercury emissions in the environment from the mercury cathode process are: ventilation of the vat room, gas effluents, manufactured products, including hydrogen, and wastewater. Among the releases to the atmosphere, mercury emitted in diffuse form from the vats throughout the local area is important. Prevention and monitoring measures are essential and should be accorded priority to the relative importance of each source within a particular facility. In all cases, special monitoring measures are required when mercury is recovered from the sludge resulting from manufacturing operations.
62. The following measures can be applied to reduce mercury emissions from existing facilities:
- Process control measures and technical measures to optimize the vessel operation, maintenance and more efficient working methods;
- Installation of cover and leakage devices and suction-controlled external wipers;
- Cleaning tank rooms and measures to facilitate their maintenance in a state of cleanliness; and
- Epuration of a limited amount of gas streams (some contaminated airflows and hydrogen gas).
63. These measures reduce the concentration of mercury emissions to values well below 2.0 g/Mg of Cl2 production capacity, expressed annually. Some facilities reach emission levels very below 1.0 g/Mg of Cl2 production capacity. As a result of Decision 90/3 of PARCOM, existing facilities using the mercury cathode process for chlorine and soda production were required by 31 December 1996 to reduce to a level of 2 g of Hg/Mg of Cl2 their emissions from the substances covered by the Convention for the Prevention of Land-based Marine Pollution. As emissions depend to a large extent on the introduction of good operating practices, the calculation of averages should be based on maintenance periods of one year or less.
Incineration of urban waste, medical waste and hazardous waste (annex II, categories 10 and 11)
64. Incineration of urban waste, medical waste and hazardous waste leads to emissions of cadmium, lead and mercury. Mercury, much of the cadmium and a small proportion of lead are volatile. Special measures should be taken, both before and after incineration, to reduce these emissions.
65. It is considered that in the matter of dust removal, the best technique available is the fabric filter, combined with methods for reducing volatile substances by dry or wet. Electric dust removers, used with wet devices, can also be designed to minimize dust emissions, but this material offers less possibilities than tissue filters, especially in the case of a pre-coating for the absorption of volatile pollutants.
66. When the BAT is used to purify the combustion gases, the dust concentration is reduced to values between 10 and 20 mg/m³; but in practice lower concentrations and in some cases concentrations of less than 1 mg/m³ were reported. Mercury concentration may be lowered to values between 0.05 and 0.10 mg/m³ (normalization at 11 per cent O2).
67. The most important secondary emission reduction measures are presented in table 10. It is difficult to provide data of general validity because the costs for U.S./tonne dollars depend on a wide range of variables specific to each site, such as the composition of the waste.
68. Heavy metals are found in all fractions of urban waste (e.g., products, paper, organic matter). By reducing the volume of these wastes that are incinerated, it is therefore possible to reduce emissions of heavy metals. This can be achieved by applying various waste management strategies, including recycling programs and the transformation of compost organic matter. Some UN/ECE countries also allow the dumping of urban waste. In properly managed discharges, cadmium and lead emissions are eliminated and mercury emissions may be below those resulting from incineration. Research on mercury emissions from landfills is ongoing in several ECE countries.
Table 10
Emission sources, emission control measures, rate of efficiency and costs for the urban waste incineration, medical waste and hazardous waste sector
For the consultation of the table, see image

Annex IV
Timeliness for applying limit values and best available techniques for 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 to live 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 V
VALUES LIMITED TO THE LEAVES CONTROL FOR EMISSIONS PROVIDED FOR GREAT SOURCES
I. INTRODUCTION
1. Two types of limit value are important for the control of heavy metal emissions:
- Values for specific heavy metals or heavy metal groups;
- The values for particulate emissions in general.
2. In principle, limit values for particulate matter cannot replace the specific limit values for cadmium, lead and mercury, as the amount of metals associated with particulate emissions varies from process to process. However, compliance with these limits significantly reduces emissions of heavy metals in general. In addition, monitoring of particulate emissions is generally less expensive than monitoring of a particular substance, and in general monitoring of different heavy metals is not materially possible. As a result, limit values for particles are of great practical interest and are also set out in this annex, most often to supplement or replace the specific limit values applicable to cadmium, lead or mercury.
3. Limit values, expressed in mg/m³, relate to normal conditions (volume at 273.15 K, 101.3 kPa, dry gas) and are calculated as an average value of the measurements taken every hour for several hours of operation, or 24 hours in general. Start and stop periods should be excluded. The period for the calculation of averages may, if necessary, be extended for monitoring to produce sufficiently accurate results. With regard to the oxygen content of gas releases, the values given for some large stationary sources will be applied. Any dilution, with a view to decreasing the concentrations of pollutants in rejected gases, is prohibited. Limit values for heavy metals apply to the three states of metal and its compounds - solid, gas and steam - expressed in mass of metal. When limit values are given for total emissions, expressed in g/unit of production or capacity, they correspond to the sum of combustion gas emissions and fugitive emissions, calculated annually.
4. If a exceedance of the given limit values cannot be ruled out, the emissions or a performance parameter must be monitored which indicates whether a pollution control device is properly used and maintained. Monitoring of emissions or performance indicators should be of a continuous nature if the mass flow of emitted particulates is greater than 10 kg/h. In case of emission monitoring, the concentrations of air pollutants in piped effluents shall be measured representatively. If particulate matter is periodically monitored, concentrations should be measured at regular intervals, with at least three independent surveys per verification. Sample sampling and analysis methods of all pollutants, as well as reference measurement methods used to calibrate automated measurement systems, shall conform to the standards set by the European Standards Committee (CEN) or the International Standardization Organization (ISO). Pending the development of CEN or ISO standards, national standards will be applied. National standards can also be applied if they give the same results as CEN or ISO standards.
5. In the case of continuous monitoring, the limit values are met if none of the average emission concentration values calculated over 24 hours exceeds the limit value or if the average value calculated over 24 hours of the controlled parameter does not exceed the correlated value of this parameter obtained during an operating test during which the emission control device was correctly used and maintained. In case of discontinuous monitoring of emissions, limit values are met if the average of the audit surveys does not exceed the limit value. Each of the limit values expressed by the total emissions per production unit or the total annual emissions is met if the controlled value is not exceeded, as indicated above.
II. VALUES PARTICULAR LIMITES FOR GRAND SOURCES
Combustion of fossil fuels (annex II, category 1)
6. Limit values correspond to a concentration of 6% O2 in the combustion gases for solid fuels and 3% O2 for liquid fuels.
7. Limit value for particulate emissions from solid and liquid fuels: 50 mg/m³.
Agglomeration workshops (Appendix II, Class 2)
8. Limit value for particulate emissions: 50 mg/m³.
Ballettage workshops (annex II, category 2)
9. Limit value for particulate emissions:
(a) Drying: 25 mg/m³; and
(b) Boulettage: 25 mg/m³; or
10. Limit value for total particulate emissions: 40 g/Mg of balls produced.
Stoves (Annex II, category 3)
11. Limit value for particulate emissions: 50 mg/m³.
arc furnaces (annex II, category 3)
12. Limit value for particulate matter emissions: 20 mg/m³.
Copper and zinc production, including in the "Imperial Smelting" furnaces (annex II, categories 5 and 6)
13. Limit value for particulate matter emissions: 20 mg/m³.
Lead production (annex II, categories 5 and 6)
14. Limit value for particulate emissions: 10 mg/m³.
Cement industry (annex II, category 7)
15. Limit value for particulate emissions: 50 mg/m³.
Glass industry (annex II, category 8)
16. Limit values correspond to O2 concentrations in combustion gases, the value of which varies according to the type of furnace: 8 per cent; digging and potting ovens: 13%.
17. Limit value for lead emissions: 5 mg/m³.
Chlorine and Caustic Soda Industry (Appendix II, Class 9)
18. Limit values relate to the total amount of mercury released into the atmosphere by a facility, regardless of the source of emissions, expressed as an annual average value.
19. Limit values for existing chlorine and caustic soda facilities will be assessed by Parties within the Executive Body no later than two years after the date of entry into force of this Protocol.
20. Limit value for new facilities producing chlorine and caustic soda: 0.01 g Hg/Mg of Cl2 production capacity.
Incineration of urban, medical and hazardous wastes (annex II, categories 10 and 11)
21. Limit values correspond to a concentration of 11% O2 in combustion gases.
22. Limit value for particulate emissions:
(a) 10 mg/m³ for incineration of hazardous wastes and medical wastes;
(b) 25 mg/m³ for incineration of urban waste.
23. Limit value for mercury emissions:
(a) 0.05 mg/m³ for incineration of hazardous wastes;
(b) 0.08 mg/m³ for incineration of urban waste.
(c) Limit values for mercury emissions from incineration of medical waste will be assessed by Parties within the Executive Body no later than two years after the date of entry into force of this Protocol.

Annex VI
PRODUCT REGULATION MEASURES
1. Unless otherwise provided in this Annex, no later than six months after the date of entry into force of this Protocol, the lead content of the commercialized gasoline for road vehicles shall not exceed 0.013 g/l. Parties that market lead-free gasoline containing less than 0.013 g/l of this metal shall endeavour to maintain or lower this content.
2. Each Party shall endeavour to ensure that the transition to leaded fuels is that specified in paragraph 1^er above results in a global reduction in adverse effects on health and the environment.
3. When a State finds that limiting the lead content of the gasoline marketed in accordance with paragraph 1^er above would result in serious socio-economic or technical problems or would not have any overall beneficial effects on the environment or health due, in particular, to its climate situation, it may extend the time limit set in this paragraph to a maximum of 10 years; during this period, it will be able to market leaded gasoline that will not exceed 0.15 g/l. In such cases, the State shall specify, in a declaration which shall be deposited together with its instrument of ratification, acceptance, approval or accession, that it intends to extend the deadline and in writing explain to the Executive Body the reasons for this extension.
4. Parties are allowed to market small quantities of leaded gasoline, whose lead content does not exceed 0.15 g/l, provided that these quantities, intended for old road vehicles, are not more than 0.5% of the total sales.
5. Each Party, not later than five years after the entry into force of this Protocol or not later than 10 years for countries with economies in transition that have indicated their intention to opt for a period of 10 years in a declaration deposited together with their instrument of ratification, acceptance, approval or accession, shall achieve concentrations that do not exceed:
(a) 0.05% by weight of mercury in alkaline manganese cells and batteries for prolonged use under extreme conditions (e.g. temperature below 0 °C or above 50 °C, risk of shocks); and
(b) 0.025 per cent by weight of mercury in all other manganese batteries.
The above limits may be exceeded for a new technology application or in the event of the use of a battery or battery in a new product, if reasonable safeguards are taken to ensure that the battery or accumulator developed or the product obtained and equipped with a battery or accumulator difficult to extract is disposed of in an environmentally sound manner. Manganese alkaline button batteries and other button batteries are also exempt from this obligation.

Annex VII
PRODUCT MANAGEMENT MEASURES
1. This annex is intended to provide guidance to Parties on product management measures.
2. Parties may consider appropriate product management measures such as those listed below, when warranted by the potential risk of adverse health or environmental effects arising from emissions from one or more of the heavy metals listed in Appendix I^re, taking into account all risks and benefits associated with such measures, to ensure that any changes to products result in a comprehensive reduction in adverse health and environmental effects:
(a) Replacement of products containing one or more of the heavy metals listed in Appendix I^reintentionally introduced, if appropriate alternatives exist;
(b) Minimizing the concentration or replacement of one or more of the heavy metals listed in Appendix I in products^reintentionally introduced;
(c) Provision of product information, including labelling, to ensure that users are informed of the presence in these products of one or more of the heavy metals listed in Appendix I^reintentionally introduced, and the need to use these products and to safely manipulate wastes;
(d) Use of economic incentives or voluntary agreements to reduce the concentration of heavy metals in products listed in Appendix I^reor eliminate them; and
(e) The development and application of programs to collect, recycle or dispose of products containing any of the heavy metals listed in Appendix I^rein an environmentally sound manner.
3. Each product or product group listed below contains one or more of the heavy metals listed in Appendix I^re and has resulted in the adoption by at least one Party to the Convention of regulatory or voluntary measures to a large extent that this product contributes to the emissions of one or more of the heavy metals listed in Annex I^re. However, sufficient information is not yet available to confirm that these products are an important source for all Parties, which would justify their inclusion in Appendix VI. Each Party is encouraged to review the information available and, if this review convinces it of the need to take precautionary measures, to apply product management measures such as those referred to in paragraph 2 above with respect to one or more of the products listed below:
(a) Electric components containing mercury, i.e. devices including one or more switches/ triggers for the transfer of electrical current such as relays, thermostats, level switches, manocontacts and other switches (the measures taken include the prohibition of most electrical components containing mercury; voluntary programmes to replace certain mercury-containing switches with electronic or special switches; voluntary retraining programmes for switches; and voluntary recycling programmes for thermostats;
(b) Measuring devices containing mercury such as thermometers, gauges, barometers, pressure gauges, manocontacts and pressure transmitters (the measures taken include the prohibition of mercury-containing thermometers and the prohibition of measuring instruments);
(c) Fluorescent lamps containing mercury (the measures taken include decreasing mercury concentration in lamps through both voluntary and regulatory programs and voluntary recycling programs);
(d) Dental amalgams containing mercury (the measures taken include voluntary measures and the prohibition, with derogations, of using mercury-containing dental amalgams as well as voluntary programs to encourage the recovery of dental amalgam by dental services prior to their release and evacuation to water treatment facilities);
(e) Mercury-containing pesticides, including seed coatings (the measures taken include the prohibition of all mercury-containing pesticides, including seed treatment products and the prohibition of mercury as disinfectant);
(f) Paints containing mercury (the measures taken include the prohibition of all these paints, the prohibition of these paints for indoor use or on toys for children and the prohibition of the use of mercury in corrosion paints); and
(g) Batteries and accumulators containing mercury other than those listed in Appendix VI (the measures taken include the reduction of mercury content through both voluntary and regulatory programs, the collection of environmental taxes and royalties and voluntary recycling programs).

Protocol to the 1979 Convention on Long-range Transboundary Air Pollution on Heavy Metals and Annexes to Aarhus on 24 June 1998
For the consultation of the table, see image