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25 MARCH 1999. - An Act to approve the Protocol to the 1979 Convention on Long-range Transboundary Air Pollution on the Control of Emissions of Nitrogen Oxides or Their Transboundary Fluxes, and the Technical Annex, made in Sofia on 31 October 1988 (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 1979 Convention on Long-range Transboundary Air Pollution on the Control of Emissions of Nitrogen Oxides or Their Transboundary Fluxes, and the Technical Annex, made in Sofia on 31 October 1988, will emerge their full and full effect.
Promulgate this Act, order it to be sealed by the State and published by the Belgian Monitor.
Given in Brussels on 25 March 1999.
ALBERT
By the King:
The Prime Minister,
J.-L. DEHAENE
Minister of Foreign Affairs,
E. DERYCKE
The Secretary of State for the Environment,
J. PEETERS
Cell of the state seal:
Minister of Justice,
T. VAN PARYS
____
Notes
(1) Session 1998-1999.
Senate
Documents. - Bill tabled on 21 December 1998, No. 1-1214/1. - Report, no. 1-1214/2. - Text adopted in session and transmitted to the Chamber, No. 1-1214/3.
Annales parliamentarians. - Discussion and vote. Session of 11 February 1999.
House of Representatives.
Documents. - Project transmitted by the Senate, No. 49-1989/1. - Report, No. 49-1989/2.
Annales parliamentarians. - Discussion and vote. Session of February 25, 1999.
(2) See also the Decree of the Flemish Community/ Flemish Region of 19 May 2000 (Belgian Monitor of 12 August 2000), the Decree of the Walloon Region of 17 December 1998 (Belgian Monitor of 7 January 1999), the Order of the Brussels-Capital Region of 27 April 2000 (Belgian Monitor of 27 September 2000).

Protocol to the 1979 Convention on Long-range Transboundary Air Pollution on the Control of Emissions of Nitrogen Oxides or Their Transboundary Fluxes
Parties,
Resolved to implement the Convention on Long-range Transboundary Air Pollution,
Concerned that current emissions of air pollutants in the exposed regions of Europe and North America are damaging extremely important natural resources from an ecological and economic perspective,
Recalling that the Executive Body of the Convention recognized at its second session the need to effectively reduce the total annual emissions of nitrogen oxides from stationary or mobile sources or their transboundary fluxes by 1995, as well as the need for States that had already begun to reduce these emissions to maintain and revise their nitrogen oxide emission standards,
Taking into account the current scientific and technical data relating to the emission, movement in the atmosphere and the environmental impact of nitrogen oxides and their secondary products, as well as the control techniques,
Aware that the adverse effects of nitrogen oxide emissions for the environment vary among countries,
Resolved to take effective measures to combat and reduce national annual emissions of nitrogen oxides or their transboundary fluxes, including through the application of appropriate national emission standards for new mobile sources and large new stationary sources, as well as the subsequent adaptation of existing large stationary sources,
Acknowledging that scientific and technical knowledge on these issues is evolving, and that this will need to be taken into account in reviewing the application of this Protocol and in deciding on further actions to be taken,
Noting that the development of a critical load-based approach is intended to establish an effect-oriented scientific basis, to be taken into account in reviewing the application of this Protocol and in deciding on further internationally agreed measures to limit and reduce emissions of nitrogen oxides or their transboundary fluxes,
Recognizing that the timely review of procedures to create more favourable conditions for the exchange of technologies will contribute to the effective reduction of nitrogen oxide emissions in the Commission region,
Noting with satisfaction the mutual commitment made by several countries to reduce their annual national emissions of nitrogen oxides without delay and in significant proportions,
Noting the measures already taken by some countries, which had the effect of reducing emissions of nitrogen oxides,
The following agreed:
Article 1^er
Definitions
For the purposes of this Protocol,
1. “Convention” means the Convention on Long-range Transboundary Air Pollution, adopted at Geneva on 13 November 1979,
2. The Cooperative Programme for Monitoring and Evaluation of the Long-range Transmission of Air Pollutants in Europe is defined by "Emports",
3. "Executive Body" means the Executive Body of the Convention established under Article 10, paragraph 1, of the Convention,
4. 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".
5. “Parties”, unless otherwise stated, the Parties to this Protocol,
6. "Commission" means the United Nations Economic Commission for Europe,
7. "critical load" means a quantitative estimate of exposure to one or more pollutants below which, according to current knowledge, there are no significant adverse effects on specific sensitive elements of the environment,
8. An "large existing fixed source" means any existing fixed source with a thermal intake of at least 100 MW,
9. "Great new fixed source" means any new fixed source with a thermal intake of at least 50 MW,
10. "Great source category" means any category of sources that emit or may emit air pollutants in the form of nitrogen oxides, including the categories described in the Technical Annex, and that contribute for at least 10 per cent of the total annual national emissions of nitrogen oxides measured or calculated on the first calendar year following the date of entry into force of this Protocol, then every four years,
11. A "new fixed source" means any fixed source whose construction or major modification is started after the expiration of two years from the date of entry into force of this Protocol;
12. "new mobile source" means a motor vehicle or other mobile source manufactured after the two-year expiration from the date of entry into force of this Protocol.
Article 2
Fundamental obligations
1. Parties shall take, at first and as soon as practicable, effective measures to control and/or reduce their national annual emissions of nitrogen oxides or their transboundary fluxes so that they, no later than 31 December 1994, are not greater than their national annual emissions of nitrogen oxides or the transboundary fluxes of such emissions during the calendar year 1987 or any year prior to specifying at the time of signature of the Protocol or of accession^er January 1987 to 1^er January 1996 does not exceed, on an annual average, its transboundary fluxes or national emissions during the calendar year 1987.
2. In addition, Parties shall take, inter alia, two years after the date of entry into force of this Protocol, the following measures:
(a) Application of national emission standards for major sources and/or categories of new stationary sources, and for stationary sources significantly modified in major source categories, standards based on the best applicable and economically acceptable technologies, taking into account the Technical Annex;
(b) Application of national emission standards to new mobile sources in all major source categories, standards based on the best applicable and economically acceptable technologies, taking into consideration the Technical Annex and relevant decisions taken under the Commission's Inland Transport Committee; and
(c) Adoption of pollution control measures for existing large stationary sources, taking into account the Technical Annex and the characteristics of the facility, its age, its utilization rate and the need to avoid unjustified disruption of the operation.
3. (a) Parties, in a second phase, begin negotiations, no later than six months after the date of entry into force of this Protocol, on further steps to be taken to reduce annual national emissions of nitrogen oxides or transboundary fluxes of these emissions, taking into account the best available scientific and technical innovations, internationally accepted critical loads and other elements resulting from the work programme under Article 6.
(b) To this end, the Parties shall cooperate with a view to defining,
(i) Critical loads,
(ii) the necessary reductions in annual national emissions of nitrogen oxides or transboundary fluxes of these emissions to achieve agreed objectives based on critical loads, and
(iii) measures and a schedule beginning to run no later than 1^er January 1996 to achieve these reductions.
4. Parties may take more stringent measures than those prescribed in this Article.
Article 3
Technology exchange
1. Parties shall facilitate, in accordance with their national laws, regulations and practices, the exchange of technologies to reduce emissions of nitrogen oxides, in particular by encouraging:
(a) trade in available techniques,
(b) direct contacts and cooperation in the industrial sector, including joint ventures,
(c) the exchange of information and experience data, and
(d) provision of technical assistance.
2. In encouraging the activities outlined in subparagraphs (a) to (d) above, Parties shall create favourable conditions by facilitating contacts and cooperation between relevant organizations and individuals in the private and public sectors capable of providing the technology, design and engineering services, equipment or funding required.
3. Parties shall undertake, no later than six months after the date of entry into force of this Protocol, a review of the steps necessary to create more favourable conditions for the exchange of techniques to reduce emissions of nitrogen oxides.
Article 4
Lead fuel
The Parties shall ensure that, as soon as possible but no later than two years after the date of entry into force of this Protocol, unleaded fuel is available, in special cases at least along major international transit routes, to facilitate the movement of vehicles equipped with catalytic converters.
Article 5
Review process
1. Parties shall periodically review this Protocol, taking into account the best available scientific bases and technical innovations.
2. The first revision will take place no later than one year after the date of entry into force of this Protocol.
Article 6
Work to be undertaken
Parties give high priority to research and monitoring activities related to the development and application of a critical load-based approach to scientifically determine the necessary reductions in nitrogen oxide emissions. In particular, the Parties shall, through national research programmes, in the work plan of the Executive Body and other cooperation programmes under the Convention,:
a) identify and quantify the effects of nitrogen oxide emissions on humans, plant and animal life, water, soils and materials, taking into account the impact on them of nitrogen oxides from other sources than atmospheric effects,
(b) To determine the geographical distribution of sensitive areas,
(c) develop measurement systems and models, including harmonized emission calculation methods, to quantify long-range transport of nitrogen oxides and related pollutants,
(d) refine the results and cost estimates of nitrogen oxide control techniques and maintain a survey of the development of improved or new technologies, and
(e) develop, in the context of a critical load-based approach, methods to integrate scientific, technical and economic data in order to identify appropriate control strategies.
Article 7
National programmes, policies and strategies
Parties shall establish without delay national programmes, policies and strategies for implementing the obligations under this Protocol, which will combat and reduce emissions of nitrogen oxides or their transboundary fluxes.
Article 8
Exchange of information and annual reports
1. Parties shall exchange information by notifying the Executive Body of the national programmes, policies and strategies that they establish in accordance with Article 7 above and reporting annually on progress made and any changes made in these programmes, policies and strategies, in particular on:
(a) the national annual emissions of nitrogen oxides and the basis on which they were calculated,
(b) progress in the application of national emission standards in paragraphs 2 (a) and 2 (b) of Article 2 above, and national emission standards applied or to be applied, as well as sources and/or categories of sources considered,
(c) progress in the adoption of pollution control measures, as provided for in paragraph 2 (c) of Article 2 above, the sources considered and the measures adopted or to be adopted,
(d) progress in providing unleaded fuel to the public,
(e) measures taken to facilitate the exchange of technologies, and
(f) progress in determining critical loads.
2. This information is provided, as far as possible, in accordance with a uniform reporting framework.
Article 9
Calculations
Using appropriate models, EEMEP provides the Executive Body, in a timely manner prior to its annual meetings, with calculations of nitrogen balances, transboundary fluxes and nitrogen oxide fallout in the geographic area of EEM activities. In areas outside the EEMEP area, models appropriate to the particular circumstances of Parties to the Convention are used.
Article 10
Technical Annex
The Technical Annex to this Protocol is a recommendation. It is an integral part of the Protocol.
Article 11
Amendments to the Protocol
1. Any Party may propose amendments to this Protocol.
2. Proposals for amendments are submitted in writing to the Executive Secretary of the Commission who communicates them to all Parties. The Executive Body shall consider the amendment proposals at its nearest annual meeting provided that these proposals have been communicated to the Parties by the Executive Secretary at least 90 days in advance.
3. Amendments to the Protocol, except amendments to its Technical Annex, shall be adopted by consensus of the Parties represented at a meeting 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 have deposited their instruments of acceptance of these amendments. Amendments shall enter into force in respect of any Party that has accepted them after two thirds of the Parties have deposited their instruments of acceptance of these amendments, on the ninetieth day after the date on which the Party has deposited its instrument of acceptance of the amendments.
4. Amendments to the Technical Annex shall be adopted by consensus of the Parties represented at a meeting of the Executive Body and shall take effect on the thirtieth day after the date on which they were communicated in accordance with paragraph 5 below.
5. The amendments referred to in paragraphs 3 and 4 above shall be communicated to all Parties by the Executive Secretary as soon as possible after their adoption.
Article 12
Settlement of disputes
If a dispute arises between two or more Parties with respect to the interpretation or application of this Protocol, these Parties shall seek a solution by negotiation or by any other method of dispute resolution acceptable to the Parties to the dispute.
Article 13
Signature
1. This Protocol shall be open for signature in Sofia from 1 to 4 November 1988 inclusive, and then at United Nations Headquarters in New York until 5 May 1989, by the States members of the Commission and by the States with consultative status with the Commission, in accordance with paragraph 8 of Economic and Social Council resolution 36 (IV) of 28 March 1947 and by the organizations of regional economic integration constituted by sovereign States members of the Commission
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 cannot exercise these rights individually.
Article 14
Ratification, acceptance, approval and accession
1. This Protocol is subject to ratification, acceptance or approval by the Signatories.
2. This Protocol shall be open from 6 May 1989 to the accession of the States and organizations referred to in paragraph 1 of Article 13 above.
3. A State or organization that adheres to this Protocol after 31 December 1993 may apply Articles 2 and 4 above by 31 December 1995.
4. Instruments of ratification, acceptance, approval or accession shall be deposited with the Secretary-General of the United Nations, who acts as depositary.
Article 15
Entry into force
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.
2. For each State or organization referred to in paragraph 1 of Article 13 above, ratifying, accepting or approving this Protocol or acceding 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 deposit by that Party of its instrument of ratification, acceptance, approval or accession.
Article 16
Denunciation
At any time after five years from the date on which this Protocol entered into force with respect to a Party, that Party may denounce the Protocol by a written notification to the depositary. The denunciation shall take effect on the ninetieth day after the date of its receipt by the depositary, or on any other later date that may be specified in the notification of denunciation.
Article 17
Faithful texts
The original of this Protocol, whose English, French and Russian texts are equally 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 Sofia, on the thirty-first day of October nine hundred and eighty-eight.
The Protocol was signed by the following States:
Austria, Belgium, Bielorussia, Bulgaria, Canada, Denmark, Finland, France, Greece, Hungary, Ireland, Italy, Liechtenstein, Luxembourg, Netherlands, Norway, Poland, Germany, Spain, Sweden, Switzerland, Czechoslovakia, Ukraine, USSR.
Technical Annex
1. Information on emission results and costs is based on the official documentation of the Executive Body and its subsidiary bodies, in particular on documents EB.AIR/WG.3/R.8, R.9 and R.16, as well as ENV/WP.1/R.86 and Corr.1, reproduced in The Effects of Transboundary Air Pollution and Pollution Control (*). Unless otherwise stated, the listed techniques are considered to be tested and based on the operating experience (**).
2. The information contained in this annex is incomplete. Since the experience of new engines and new installations using low-emission techniques as well as the adaptation of existing installations, it will be necessary to develop and amend the schedule regularly. The purpose of the Annex, which cannot be a comprehensive description of technical options, is to assist Parties in the search for economically practicable techniques for the application of the obligations under the Protocol.
(*) Studies on air pollution No. 4 (United Nations publication, Sales No. F.87.II.E.36).
(**) It is currently difficult to provide reliable data in absolute terms on the costs of anti-emission techniques. Therefore, with respect to the costs set out in this annex, there is a need to focus on the relationship between the costs of the various techniques rather than on absolute costing costs.
I. NOx control techniques from stationary sources
3. The combustion of fossil fuels is the main fixed source of anthropogenic NOx emissions. In addition, some operations other than combustion can contribute to NOx emissions.
4. Large categories of stationary NOx emission sources can be:
(a) combustion plants;
(b) Industrial furnaces (e.g. cement manufacturing);
(c) Fixed engines (gas turbines and internal combustion engines);
(d) Non-burning operations (e.g. nitric acid production).
5. NOx emission reduction techniques are focused on some changes in combustion or operation and - especially for large thermal power plants - on the treatment of combustion gases.
6. For a posteriori adaptation of existing facilities, the scope of application of anti-NOx techniques can be limited by negative side effects on the operation or by other installation-specific constraints. Therefore, in the event of post adjustment, only approximate estimates are given for the characteristically feasible values of NOx emissions. For new installations, negative side effects may be reduced to a minimum or excluded by an appropriate design.
7. Based on current data, the cost of combustion modifications can be considered low in new installations. However, in the case of a posteriori adaptation, for example in large thermal plants, this cost could vary, approximately, between 8 and 25 Swiss francs per kWel (in 1985). In general, investment costs for combustion gas treatment systems are much higher.
8. For stationary sources, emission coefficients are expressed in milligrams of NO2 per cubic metre (mg/m3) normal (O <4;16 Rendering, 1,013 mb), dry weight.
Combustion installations
9. The category of combustion plants refers to the combustion of fossil fuels in furnaces, boilers, indirect heaters and other combustion plants providing heat intake greater than 10 MW, without mixing combustion gases with other treated effluents or materials. For new or existing installations, the following combustion techniques can be used alone or in combination:
(a) Low temperature in the combustion chamber, including fluidized bed combustion;
(b) Low excess air operation;
(c) Installation of special anti-NOx burners;
(d) Recycling of carneau gases in combustion air;
(e) Expanded/air combination;
(f) Recombustion (fuel flooring) (***).
The results standards that can be achieved are summarized in Table 1.
(***) The operating experience of this combustion technique is limited.
For the consultation of the table, see image
10. The treatment of selective catalytic reduction carneau gas (SCR) is an additional NOx emission reduction measure with a yield of 80% or even more. In the EEC region, there is now a great experience in the operation of new or retrofit facilities, especially for thermal power plants of more than 300 MW (thermal). In addition to combustion changes, emission values of 200 mg/m can be easily realized.³ (solid fuels, 6% O²) and 150 mg/m³ (liquid fuels, 3% O²).
11. The selective non-catalytic reduction (RNCS), a carneau gas treatment technique that allows for a 20-60% reduction in NOx, is a less expensive technique that has special applications (e.g. refinery furnaces and minimal-load gas combustion).
Fixed gas turbines and internal combustion engines
12. NOx emissions from fixed gas turbines can be reduced either by modifying the combustion (dry vehicle) or by injecting water/vapor (wet channel). These two kinds of measures are well tested. Emission values of 150 mg/m can be obtained³ (gas, 15% O²) and 300 mg/m³ (fuel, 15% O²). A posteriori adaptation is possible.
13. NOx emissions can be reduced from internal combustion engines with spark ignition either by modifying combustion (e.g. poor mixture and recycling of exhaust gases) or by treating exhaust gases (catalytic converter with closed loops, RCS). The technical and economic possibility of applying these various processes depends on the size of the engine, the type of engine (two times/four times) and the mode of operation of the engine (constant/veritable charge). The poor mixing system allows for NOx emission values of 800 mg/m³ 5% O²), the RCS process reduces NOx emissions well above 400 mg/m³ 5% O²) and the three-way catalytic converter can even descend over 200 mg/m³ 5% O²).
Industrial Ovens - Cement Calcination
14. The precalcination process is being evaluated in the Commission region as a technique for reducing NOx concentrations in the new or existing kilneau gas from cement calcination to approximately 300 mg/m³ (10% O²).
Non-burning operations - Nitric acid production
15. The production of nitric acid with high-pressure absorption (g 8 bar) maintains above 400 mg/m³ NOx concentrations in non-diluted effluents. The same result can be obtained by medium-pressure absorption associated with a RCS process or any other NOx reduction process of similar efficiency. A posteriori adaptation is possible.
II. NO x emission control techniques from motor vehicles
16. The motor vehicles referred to in this annex are those used for road transport, namely: passenger cars, light-duty vehicles and heavy-duty vehicles with gasoline or diesel fuel. When applicable, reference is made to vehicle categories (M1, M2, M3, N1, N2, N3) as defined in Regulation N Règlement4;16′13 of the EEC under the 1958 Agreement concerning the Adoption of Uniform Conditions of Registration and the Reciprocal Recognition of the Registration of Motor Vehicle Equipment and Parts.
17. Road transport is an important source of anthropogenic NOx emissions in many Commission countries: it contributes a total of 40 to 80% of national emissions. Overall, petrol vehicles contribute to two thirds of total NOx emissions from road transport.
18. The techniques available to combat nitrogen oxides from motor vehicles are summarized in Tables 3 and 6. It is convenient to group techniques according to existing or proposed national and international emission standards, which differ by the rigor of the provisions. As the current regulatory test cycles only correspond to urban driving, the estimates of the relative NOx emissions shown below take into account driving at higher speeds where NOx emissions are likely to be particularly large.
19. The additional production costs shown in Tables 3 and 6 for various techniques are estimates of manufacturing cost and not retail prices.
20. It is important to control compliance at the production stage and also according to the results of the vehicle being used to ensure that the reduction potential provided by the emission standards is achieved in practice.
21. Techniques that involve or rely on catalytic converters require unleaded fuel. The free movement of vehicles equipped with such a converter is subject to the availability of unleaded fuel everywhere.
Special petrol and diesel cars (M1)
22. Table 2 summarizes four emission standards. These standards are used in Table 3 to consolidate the various engine technologies applicable to petrol vehicles based on their NOx emission reduction potential.
For the consultation of the table, see image
23. Emission standards A, B, C and D include emission limits not only for NOx but also for hydrocarbons (HC) and carbon monoxide (CO). Estimated emission reductions for these pollutants, as compared to ECE R.15-04, are shown in Table 4.
For the consultation of the table, see image
24. Current diesel cars can meet the NOx emission requirements set by standards A, B and C. The stringent requirements for particulate emissions and the stringent NOx limits of Standard D imply that special diesel cars will need new enhancements, probably including the electronic control of the power pump, advanced fuel injection systems, exhaust gas recycling and particle traps. There are currently only experimental vehicles. (See also table 6, note (a) ).
Other light-duty vehicles (N1)
25. Specific vehicle control methods are applicable, but the following factors may be different: NOx reduction, costs and start-up time of commercial production.
Heavy-duty petrol vehicles (M2, M3, N2, N3)
26. This type of vehicle has only a negligible importance in Western Europe and decreases in Eastern Europe. NOx emission levels US-1990 and US-1991 (see table 5) could be achieved at a modest cost without significant technical progress.
Heavy diesel vehicles (M2, M3, N2, N3)
27. Three emission standards are summarized in Table 5. They are included in Table 6 for the grouping of the engine technologies for heavy diesel vehicles based on the NOx reduction potential. The engine reference configuration is changing, with the tendency to replace natural suction engines with turbocharger engines. This trend has an impact on improved fuel reference consumption values. No comparative estimate of consumption is therefore given here.
For the consultation of the table, see image
Protocol to the 1979 Convention on Long-range Transboundary Air Pollution on the Control of Emissions of Nitrogen Oxides or Their Transboundary Fluxes, and the Technical Annex, made in Sofia on 31 October 1988
LIST OF LIES
For the consultation of the table, see image