belgiquelex.be - Carrefour Bank of Legislation

24 JUNE 2000. - An Act to assent to the Protocol to the Convention on Long-range Transboundary Air Pollution of 1979 on a Further Reduction of Sulphur Emissions, Annexes I, II, III, IV and V, made in Oslo on 14 June 1994 (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 1979 Protocol to the Convention on Long-range Transboundary Air Pollution on a Further Reduction of Sulphur Emissions, and Annexes I, II, III, IV and V, made in Oslo on 14 June 1994, 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 24 June 2000.
ALBERT
By the King:
Minister of Foreign Affairs,
L. MICHEL
Minister of Public Health and the Environment,
Ms. M. AELVOET
Seen and sealed the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Notes
(1) Session 1999-2000.
Senate:
Documents. - Bill tabled on 20 January 2000, no. 2-305/1. - Report, no. 2-305/2. - Text adopted in session and transmitted to the Chamber, no. 2-305/3.
Annales parliamentarians. - Discussion and vote. Session of February 24, 2000.
Room
Documents. - Project transmitted by the Senate, No. 50-475/1. - Report, number 50-475/2.
Annales parliamentarians. - Discussion and vote. Session of 6 April 2000.
(2) See also the Decree of the Flemish Community/ Flemish Region of 17 July 2000 (Belgian Monitor of 12 August 2000), the Decree of the Walloon Region of 23 June 2000 (Belgian Monitor of 6 July 2000), the Order of the Brussels-Capital Region of 27 April 2000 (Belgian Monitor of 27 September 2000).

Protocol to the Convention on Long-range Transboundary Air Pollution of 1979 on a Further Reduction of Sulphur Emissions
Parties,
Decided to give effect to the Convention on Long-range Transboundary Air Pollution,
Concerned that, in the exposed regions of Europe and North America, emissions of sulphur and other air pollutants continue to be transported across international borders and cause extensive damage to natural resources of vital importance to the environment and the economy, such as forests, soils and waters, and materials, including historical monuments, and, in certain circumstances, have,
Resolved to take precautionary measures in anticipation of air pollutant emissions and to prevent or minimize emissions and mitigate harmful effects,
Convinced that, in the event of a risk of serious or irreversible damage, the absence of absolute scientific certainty cannot be a reason to postpone such measures, provided that the precautionary measures taken with regard to air pollutant emissions should have the best cost-effectiveness,
Recognizing that measures taken to limit emissions of sulphur and other air pollutants will also contribute to protecting the sensitive environment of the Arctic region,
Considering that the main sources of air pollution, which contribute to the acidification of the environment, are the combustion of fossil fuels for the production of energy and the major technological processes used in various industrial sectors as well as transport, which generate emissions of sulphur, nitrogen oxides and other pollutants,
Acknowledging the need to adopt, in the fight against air pollution, a regional approach based on the best cost-effectiveness, taking into account changes in the effects and costs of air pollution control among countries,
Desiring to take further more effective measures to control and reduce sulphur emissions,
Acknowledging that a sulphur emission limitation policy, regardless of its regional cost-effectiveness, will result in a relatively heavy economic burden for countries in transition to the market economy,
Bearing in mind that the measures taken to reduce sulphur emissions could not be a means of arbitrarily or unjustifiable discrimination, nor a misguided way of restricting international competition and trade,
Taking into account existing scientific and technical data on emissions, atmospheric processes and environmental effects of sulphur oxides, as well as the cost of reduction measures,
Knowing that, like sulphur emissions, nitrogen oxide and ammonia emissions cause acidification of the environment,
Noting that under the United Nations Framework Convention on Climate Change, adopted in New York on 9 May 1992, an agreement was reached for the development of national policies and the establishment of corresponding measures to combat climate change, which should in principle lead to a reduction in sulphur emissions,
Affirming the need to ensure sustainable and environmentally sound development,
Recognizing the need to continue scientific and technical cooperation to refine the approach based on critical loads and critical levels and to make efforts to assess several air pollutants and their various effects on the environment, materials and health,
Emphasizing the fact that scientific and technical knowledge is progressing and that it will be important to take their development into consideration when considering the relevance of the obligations under this Protocol and deciding on further action to be taken,
Noting the Protocol on the Reduction of Sulphur Emissions or their Transboundary Flows of at least 30%, adopted in Helsinki on 8 July 1985, and the measures already taken by many countries, which have had the effect of reducing sulphur emissions,
The following agreed:
Article 1^er
Definitions
For the purposes of this Protocol,
1. 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 pursuant to paragraph 1^er Article 10 of the Convention;
4. "Commission" means the United Nations Economic Commission for Europe;
5. "Parties" means 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), which was adopted in Geneva on 28 September 1984, is defined as "the geographic area of EEMEP activities".
7. Sulphur oxide management zones specified in Annex III are defined by "ZGOS" in accordance with the conditions set out in paragraph 3 of Article 12;
8. 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 for specific sensitive elements of the environment;
9. "critical levels" mean concentrations of pollutants in the atmosphere above which, according to current knowledge, there may be direct adverse effects for receptors such as humans, plants, ecosystems or materials;
10. "critical sulphur deposition" means a quantitative estimate of exposure to oxidized sulphur compounds, taking into account the effects of absorption of basic cations and deposition of basic cations, below which, according to current knowledge, there are no significant adverse effects for specific sensitive elements of the environment;
11. "emission" means the release of substances into the atmosphere;
12. "Sulphur emissions" means all emissions in the atmosphere, expressed in kilotonnes of sulphur dioxide (kt SO2 ), of sulphur compounds of anthropogenic origin, excluding emissions from ships used for international transport outside of territorial waters;
13. "fuel" means any fuel, solid, liquid or gaseous substance, with the exception of household waste and toxic or hazardous waste;
14. The term "fixed source of combustion" means any technical apparatus or group of technical apparatus located in the same place and which may release or release residue gases through a common chimney, where the oxidation of fuels is carried out to use the heat produced;
15. The term "large fixed source of new combustion" means any fixed source of combustion that is authorized for construction or significant modification after December 31, 1995 and whose thermal intake, when operating at full capacity, is at least 50 MWth. It is up to the competent national authorities to decide what a significant change is due to factors such as the benefits of this change for the environment;
16. An existing "large fixed source of combustion" means any existing fixed source of combustion whose thermal intake, when operating at full capacity, is at least 50 MWth;
17. Gasoline means any petroleum product of HS 2710 or any petroleum product that, due to its distillation limits, enters the category of the medium distillates intended for use as fuels and of which at least 85% in volume, including distillation losses, distill at 350 C;
18. The permissible concentration of sulphur compounds expressed in sulphur dioxide in the waste gases from a fixed source of combustion, expressed by mass by volume of these gases, is defined as "limit value of emission" in mg SO2 /Nm³in the case of an oxygen content (volume) in the residual gas of 3% for liquid and gaseous fuels and 6% for solid fuels;
19. "emission limit" means the total permissible quantity of sulphur compounds expressed in sulphur dioxyne and rejected by a combustion source or a set of combustion sources located either in the same place or in a defined geographic area, and expressed in kilotonnes per year;
20. The ratio between the amount of sulphur that is removed from the combustion source for a given period of time and the amount of sulphur in the fuel, which is introduced into the combustion plants and used during the same period;
21. "Sulphur assessment" means a matrix summarizing contributions, as calculated, from emissions from which sources are located in specified areas, to deposits of sulphur oxidized compounds in receiving areas.
Article 2
Fundamental obligations
1. Parties control and reduce their sulphur emissions in order to protect the health and environment from any harmful effects, in particular acidification, and to ensure, to the extent possible, without excessive costs, that sulphur oxidized compounds deposits do not exceed the critical loads for sulphur expressed in Appendix 1, in critical repositories, taking into account the knowledge expressed in the current scientific repository.
2. First, Parties shall, at a minimum, reduce and stabilize their annual sulphur emissions by meeting the schedule and levels specified in Annex II.
3. In addition, any Party:
(a) with a total area exceeding 2 million km²;
(b) committed under paragraph 2 above to achieving a national emission ceiling not exceeding the level of its emissions in 1990 or, if it is lower than that required under the 1985 Helsinki Protocol on the Reduction of Sulphur Emissions or their Transboundary Fluxes of at least 30%, as set out in Appendix II;
(c) the annual sulphur emissions associated with acidification in areas within the jurisdiction of another or more other Parties are derived only from within areas within its jurisdiction referred to in Annex III under the name Sulphur Oxides Management Areas (OSZ) and submitted documentation for this purpose;
(d) who, by signing or acceding to this Protocol, specified that it intended to avail itself of this paragraph,
must at least reduce and stabilize its annual sulphur emissions in the areas listed, respecting the schedule and levels specified in Appendix II.
4. In addition, Parties shall apply to new sources and existing sources the most effective sulphur emission reduction measures appropriate to their particular situation, including:
- measures to increase energy efficiency;
- measures to increase the use of renewable energy;
- measures to reduce the sulphur content of certain fuels and to encourage the use of low sulphur fuels, including the combined use of high sulphur fuels and low sulphur fuels or not containing sulphur;
- measures to allow the use, to combat emissions, of the best available technologies that do not involve excessive costs;
based on the guiding principles set out in Appendix IV.
5. All Parties, with the exception of those related to the Air Quality Agreement between the United States and Canada in 1991, must:
(a) apply emission limit values at least as stringent as those specified in Appendix V to all major stationary new combustion sources;
(b) apply, 1^er July 2004 at the latest, if possible without excessive costs, emission limit values at least as strict as those specified in Appendix V to the existing large stationary combustion sources of a power greater than 500 MWth, taking into account the remaining useful duration of a facility, calculated from the date of entry into force of this Protocol, or applying equivalent emission limits or other appropriate provisions,^er July 2004 at the latest of emission limit values or emission limits to existing large stationary combustion sources with a power of 50 to 500 MWth, based on Appendix V;
(c) apply, no later than two years after the date of entry into force of this Protocol, national standards relating to the sulphur content of the diesel oil at least as strict as those specified in Annex V. In the event that the supply of diesel fuel cannot otherwise be assured, a State may extend the time limit provided for in this paragraph up to ten years. In such a case, it must specify its intention to extend this period in a declaration that must be deposited together with the instrument of ratification, acceptance, approval or accession.
6. Parties may also use economic instruments to encourage the adoption of methods for reducing sulphur emissions from the best cost-effectiveness.
7. Parties to this Protocol may, at a session of the Executive Body, in accordance with the rules and conditions that the Executive Body will define and adopt, decide whether two or more Parties may jointly meet the obligations set out in Annex II. These rules and conditions must ensure compliance with the obligations set out in paragraph 2 above and, also, promote the achievement of the environmental objectives set out in paragraph 1 above.
8. Parties, subject to the results of the first review under Article 8 and not later than one year after the completion of the review, undertake negotiations on new obligations to be assumed to reduce emissions.
Article 3
Technology exchange
1. Parties shall facilitate, in accordance with their national laws, regulations and practices, the exchange of technologies and techniques, including those that increase energy efficiency, the use of renewable energy and the treatment of low sulphur fuels to reduce sulphur emissions, including by addressing:
(a) Trade in available technologies;
(b) Direct contacts and cooperation in the industrial sector, including joint ventures;
(c) The exchange of computerizations and experience data;
(d) Technical assistance.
2. To promote the activities specified in paragraph 1 above, Parties shall create favourable conditions by facilitating contacts and cooperation between organizations and competent persons who, both in the private sector and in the public sector, are able to provide technology, engineering, equipment or financial means.
3. Parties, no later than six months after the date of entry into force of this Protocol, begin to consider appropriate procedures to create more favourable conditions for the exchange of technologies, with a view to reducing sulphur emissions.
Article 4
Strategies, policies, programmes, measures and gathering of information at the national level
1. Each Party, to comply with Article 2 obligations:
(a) adopt strategies, policies and programmes at the national level no later than six months after the entry into force of this Protocol; and
(b) Take and implement measures at the national level,
to control and reduce sulphur emissions.
2. Each Party collects and maintains information:
(a) the actual levels of sulphur emissions and ambient concentrations and oxidized sulphur depositions and other acidifying compounds, taking into account, for Parties within the geographic area of EEM activities, the EEMEP work plan;
(b) effects of oxidized sulphur deposits and other acidifying compounds.
Article 5
Information to be communicated
1. Each Party, through the Executive Secretary of the Commission, shall communicate to the Executive Body, at intervals fixed by the Executive Body, information:
(a) Implementation of national strategies, policies, programmes and measures referred to in paragraph 1^er Article 4;
(b) on annual national sulphur emission levels, in accordance with the guidelines adopted by the Executive Body, by providing emission data for all relevant source categories; and
(c) how it fulfils the other obligations it has undertaken under this Protocol,
{line} in accordance with the decision on the presentation and content of information, which Parties will adopt at a session of the Executive Body. The terms of this decision will be reviewed, if necessary, to determine any additional elements relating to the presentation and/or content of the information to be shared.
2. Each Party located in the geographic area of the EEMEP activities shall, through the Executive Secretary of the Commission, provide information on sulphur levels to be determined by the EEMEP Steering Body and approved by the Parties at a session of the Executive Body in accordance with the temporal and spatial resolution specified by the EEMEP Steering Body.
3. In due time before each annual session of the Executive Body, EEMEP provides information:
(a) ambient concentrations and depositions of oxidized sulphur compounds;
(b) Sulphur assessment figures.
Parties located outside the geographic area of EEM activities shall provide similar information if requested by the Executive Body.
4. The Executive Body, pursuant to Article 10, paragraph 2 (b), of the Convention, shall make appropriate arrangements to establish information on the effects of oxidized sulphur deposits and other acidifying compounds.
5. At the sessions of the Executive Body, Parties shall make the necessary arrangements for the establishment, at regular intervals, of revised information on allocations for emission reductions calculated and optimized at the international level for States located in the geographic area of EEM activities, using integrated assessment models, with a view to further reducing, for the purposes of paragraph 1 of Article 2 of this Protocol, the difference between depositions and depositions
Article 6
Research - Development and Monitoring
Parties shall promote research and development, monitoring and cooperation in the following areas:
(a) International harmonization of methods for establishing critical loads and critical levels and development of procedures for such harmonization;
(b) Improvement of techniques and systems for monitoring and modelling of transport, concentrations and deposition of sulphur compounds;
(c) Developing strategies to further reduce sulphur emissions on the basis of critical loads and critical levels, as well as technical progress, and improving integrated assessment models to calculate the internationally optimized distribution of emission reductions, taking into account equitable cost-sharing of reduction measures;
(d) Understanding of the broader effects of sulphur emissions on health, the environment, in particular acidification, and materials, including historical and cultural monuments, taking into account the relationship between sulphur oxides, nitrogen oxides, ammonia, volatile organic compounds and tropospheric ozone;
(e) Emission reduction technologies and technologies and technologies to increase energy efficiency, energy savings and the use of renewable energy;
(f) Economic assessment of the benefits of reducing sulphur emissions for the environment and health.
Article 7
Compliance
1. An Implementation Committee shall be established to consider whether this Protocol is properly implemented and whether the Parties undertake their obligations. The Committee shall report to the Parties at the sessions of the Executive Body and may make such recommendations as it deems appropriate.
2. After consideration of the report and, possibly, of the recommendations of the Implementation Committee, Parties may, taking into account the circumstances of the case and in accordance with the practice established by the Convention, take a decision and request that measures be taken to ensure full compliance with this Protocol, including to assist Parties in complying with and promoting its objectives.
3. At the first session of the Executive Body, following the entry into force of this Protocol, the Parties shall adopt a decision defining the structure and functions of the Implementation Committee and the procedures to be followed to consider whether the provisions of the Protocol are properly complied with.
4. The application of the procedure for ensuring compliance with the Protocol is without prejudice to the provisions of Article 9 of this Protocol.
Article 8
Review by Parties at Executive Body sessions
1. At the sessions of the Executive Body, Parties, pursuant to Article 10, paragraph 2 (a), of the Convention, shall examine the information provided by Parties and by EEMEP, the effects of sulphur compounds and other acidifying compounds and the reports of the Implementation Committee referred to in paragraph 1^er Article 7 of this Protocol.
2. (a) At sessions of the Executive Body, Parties shall regularly review the obligations set out in this Protocol, including:
(i) their obligations with respect to emission reductions calculated and optimized at the international level, referred to in Article 5, paragraph 5; and
(ii) the adequacy of obligations and the progress made towards achieving the objectives of this Protocol;
(b) For the reviews, consideration is given to the best available scientific information on acidification, including assessments of critical loads, technological advances, changes in the economic situation and the extent to which emission levels obligations are met;
(c) As part of these reviews, any Party whose obligations with respect to sulphur emission ceilings, as specified in Annex II to this Protocol, do not correspond to the internationally optimized emission reductions calculated to reduce by at least 60% the difference between sulphur deposition in 1990 and critical depositions for sulphur compounds within the geographic area of the activities of the EEM; and
(d) The terms, methods and timing of these reviews are specified by the Parties at a session of the Executive Body. The first such review is to be completed in 1997.
Article 9
Settlement of disputes
1. In the event of a dispute between two or more than two Parties with respect to the interpretation or application of the 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 the 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 and without special agreement one of the following two means of settlement or both, in respect of the same obligation
(a) submission of the dispute to the International Court of Justice;
(b) arbitration in accordance with the procedure to be adopted by the Parties as soon as possible at a session of the Executive Body in an annex devoted to arbitration.
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 procedure referred to in paragraph (b) above.
3. The declaration made pursuant to paragraph 2 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 the written notification of the revocation of that 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 in no way affect a proceeding 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 using the means referred to in paragraph 1, 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. The commission shall consist of members designated, in equal numbers, by each Party concerned or, where several Parties to the conciliation procedure shall make a common cause, by all of these Parties, and of a President chosen jointly by the members so designated. The Commission issues a recommendation that Parties consider in good faith.
Article 10
Annexes
The annexes to this Protocol are an integral part of the Protocol. Annexes I and IV are recommended.
Article 11
Amendments and adjustments
1. Any Party may propose amendments to this Protocol. Any Party to the Convention may propose an adjustment to Annex II to this Protocol to add its name, as well as emission levels, sulphur emission limits and the emission reduction percentage.
2. The proposed amendments and adjustments shall be submitted in writing to the Executive Secretary of the Commission, who shall communicate them to all Parties. The Parties shall consider the amendment and adjustment proposals at the next session of the Executive Body, provided that the Executive Secretary has forwarded them to the Parties at least ninety days in advance.
3. Amendments to this Protocol and its annexes II, III and V shall be adopted by consensus by the Parties present at a session of the Executive Body and shall enter into force for the Parties that have accepted them on the ninetieth day after the date on which two thirds of the Parties deposited their instruments of acceptance of these amendments with the Depositary. The amendments shall enter into force for any other Party on the ninetieth day after the date on which that Party deposited its instrument of acceptance of the amendments.
4. Amendments to the annexes to this Protocol, with the exception of amendments to the annexes referred to in paragraph 3 above, shall be adopted by consensus by the Parties present at a session of the Executive Body. Find$$ AGA the expiry of a period of ninety days from the date of its communication by the Executive Secretary of the Commission, any amendment to such an annex shall take effect with respect to Parties that have not submitted to the Notification Depositary in accordance with the provisions of paragraph 5 above, provided that at least sixteen Parties have not submitted that notification.
5. Any Party that cannot approve an amendment to an annex other than those referred to in paragraph 3 above 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 enter into force for that Party.
6. The adjustments to Annex II shall be adopted by consensus by the Parties present at a session of the Executive Body and shall enter into force for all Parties to this Protocol on the ninetieth day after the date on which the Executive Secretary of the Commission shall give Parties a written notification of the adoption of the adjustment.
Article 12
Signature
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 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 inclusion of the States and organizations concerned in the list of the Convention
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.
Article 13
Ratification, acceptance, approval and accession
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 conditions set out in article 12, paragraph 1, beginning on 12 December 1994.
Article 14
Depositary
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 to the Depositary.
2. With respect to each State or organization referred to in paragraph 1 of Article 12, 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 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 that may be specified in the notification of the denunciation.
Article 17
Authentic texts
The original of this Protocol, whose English, French and Russian texts are also authentic, is deposited with the Secretary-General of the United Nations.
In the belief that the undersigned, to this duly authorized, have signed this Protocol.
Done in Oslo, the fourteenth June thousand nine hundred and ninety-four.

Annexes
For the consultation of the table, see image