Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs,
Considering articles 52 to 55 of the Constitution;
Having regard to the amended Decree No. 53-192 of 14 March 1953 concerning the ratification and publication of the international commitments undertaken by France;
Having regard to Decree No. 83-279 of 25 March 1983 on the publication of the Convention on Long-range Transboundary Air Pollution, held in Geneva on 13 November 1979;
In light of Decree No. 88-235 of 9 March 1988 on the publication of the Protocol to the 1979 Convention on Long-range Transboundary Air Pollution on the Long-term Financing of the Cooperative Programme for Monitoring and Evaluation of the Long-range Transmission of Air Pollutants in Europe (EMEP), held in Geneva on 28 September 1984 and signed by France on 22 February 1985,
Decrete:
The Protocol to the 1979 Convention on Long-range Transboundary Air Pollution on a New Reduction of Sulphur Emissions (Fall Five Annexes), made in Oslo on 14 June 1994, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister for Foreign Affairs are responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
P R O T O C O L E
TO THE CONVENTION ON AIR POLLUTION TRANSBOUNDARY TO LONG-RANGE DISTANCE, 1979 RELATING TO A NEW REDUCTION OF SOUFRE EMISSIONS (ENSEMBLE CINQ ANNEXES)
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 in order to prevent or minimize these emissions and mitigate their adverse 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, on the understanding that the precautionary measures taken with regard to air pollutant emissions should have the best cost-effectiveness ratio;
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;
Aware of the need to adopt, in the fight against air pollution, a regional approach based on the best cost-effectiveness, taking into account the variations in the effects and costs of this fight between 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 diverted way of restricting competition and international trade;
Taking into consideration existing scientific and technical data on emissions, atmospheric processes and effects on the environment of sulphur oxides, as well as on the cost of reduction measures;
Knowing that, like sulphur emissions, nitrogen and ammonia oxide 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 account when considering the relevance of the obligations under this Protocol and the subsequent 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,
agreed that:
Article 1
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 concerted programme of continuous monitoring and assessment of long distance tansport of air pollutants in Europe is defined as "Emport";
3. "Executive Body" means the executive body of the Convention established pursuant to Article 10, paragraph 1, of the Convention;
4. "Commission" means the United Nations Economic Commission for Europe;
5. "Parties" means unless the context opposes this interpretation, the Parties to this Protocol;
6. The area defined in paragraph 4 of Article 1 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 by "the geographic area of EEMEP activities";
7. "ZGOS" means sulphur oxide management areas specified in Annex III in accordance with the conditions set out in paragraph 3 of Article 2;
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 compounds of the sulphur, taking into account the effects of absorption of basic cations and depositions 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 emission" 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 residual gases through a common fireplace, where the oxidation of fuels is carried out with a view to using 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 in view of 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 the loss of distillation, distill at 350 °C;
18. The permissible concentration of sulphur compounds expressed in sulphur dioxide in waste gases from a fixed source of combustion, expressed by mass by volume of these gases, is defined as SO2/Nm3 in the hypothesis of an oxygen content (volume) in the waste 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 dioxide 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 that is introduced into the combustion plants and used during the same period is defined as "deepuration rate".
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 adverse 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 Annex I, in the light of current scientific repositories, taking into account the knowledge expressed in Annex I.
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) The total area is more than 2 million square kilometres;
(b) Who has made a commitment under paragraph 2 above to achieve a national limit of emissions 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) Includes annual sulphur emissions for acidification in areas under the jurisdiction of another or several other Parties only originate from within areas within its jurisdiction referred to in Annex III under the name Sulphur Oxides Management Areas (MSZs), 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, in order 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 large stationary new combustion sources;
(b) Applying, by 1 July 2004, if possible without excessive costs, the emission limit values at least as strict as those specified in Schedule V to the existing large 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 the equivalent emission limits
(c) Apply, no later than two years after the date of entry into force of this Protocol, national standards for 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) The commercial exchange of 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 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) Adopts national strategies, policies and programmes no later than six months after the entry into force of this Protocol; and
(b) Take and implement national measures to control and reduce sulphur emissions.
2. Each Party collects and maintains information:
(a) On actual levels of sulphur emissions and ambient concentrations and oxidized sulphur depositions and other acidifying compounds, taking into account, for Parties located in the geographic area of EEM activities, the EEMEP work plan;
(b) On the 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) On the implementation at the national level of the strategies, policies, programmes and measures referred to in paragraph 1 of Article 4;
(b) On annual national sulphur levels, in accordance with the guidelines adopted by the Executive Body, by providing emission data for all relevant source categories; and
(c) On how it fulfils the other obligations it has undertaken under this Protocol,
in accordance with the decision on the presentation and content of information, to be adopted by the Parties 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) At 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 and development and monitoring
Parties shall promote research and development, monitoring and cooperation in the following areas:
(a) International harmonization of methods for the establishment of critical loads and critical levels and the development of procedures for such harmonization;
(b) Improved monitoring and modelling of transport, concentrations and deposition of sulphur compounds;
(c) Development of strategies to further reduce sulphur emissions on the basis of critical loads and critical levels, as well as technical progress, and improvement of 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 any recommendations 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
Considerations by Parties
during Executive Body sessions
1. At the sessions of the Executive Body, the 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 and other acidifying compounds and the reports of the Implementation Committee referred to in Article 7, paragraph 1, 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 regard to emission reductions calculated and optimized at the international level concerning them, referred to in Article 5, paragraph 5; and
(ii) Adequacy of obligations and progress 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, which is doing its utmost to ensure that sulphur compounds are made
(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) The 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 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 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 be composed 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 by 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. Upon 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 WITNESS WHEREOF the undersigned, to this duly authorized, have signed this Protocol.
Done in Oslo, 14 June 1994.
A N N E X E I
CRITICAL DEPARTMENTS
(to the fifth percentile in sulphur centigrams per square metre per year)
You can see the table in the OJ
n° 207 of 06/09/2005 text number 11
A N N E X E I
PLAFONDS OF SOUFRE EMISSIONS AND REDUCTIONS
The sulphur emission ceilings shown in the table below correspond to the obligations set out in paragraphs 2 and 3 of Article 2 of this Protocol. The emission levels for 1980 and 1990 and the emission reduction percentages listed below are for information purposes only.
You can see the table in the OJ
n° 207 of 06/09/2005 text number 11
A N N E X E I I
SOUFRE OXYDES (ZGOS)
The following ZGOS is indicated for the purposes of this Protocol:
Southeast Canadian OSZ
This area covers an area of 1 million square kilometres encompassing the entire territory of the provinces of Prince Edward Island, Nova Scotia and New Brunswick, all the territory of the province of Quebec to the south of a straight line from Le Havre-Saint-Pierre, on the northern coast of the Gulf of St.Lawrence to the point where the Quebec-Ontario border cuts the shore of James Bay, as well as all
A N N E X E I V
TECHNIQUES DE LUTTE CONTRE LES ÉMISSIONS DE SOUFRE
PROVENANT OF SOURCES
I. - Introduction
1. The purpose of the annex is to assist in determining sulphur emission control options and techniques to ensure compliance with the obligations of this Protocol.
2. It is based on information on the general options for sulphur emission reduction, in particular on the results and costs of the application of control techniques contained in the official documentation of the Executive Body and its subsidiary bodies.
3. Unless otherwise stated, the reduction measures listed are considered, on the basis of practical experience acquired, in most cases, over several years, as the best available techniques best established and most cost-effective. However, the ever-increasing experience of low-polluting technologies applied in new facilities, as well as the pollution control adaptation of existing facilities, requires the regular review of this annex.
4. Although the Appendix lists a number of measures and techniques at very variable cost and effectiveness, it cannot be considered a comprehensive picture of possible means of fighting. In addition, the choice of measures and techniques to be applied in a particular case depends on various factors, including existing legislation and regulatory provisions, and, in particular, the requirements for control techniques, the composition of primary energy, industrial infrastructure, the economic situation and the state of the facility.
5. The annex focuses on the control of oxidized sulphur emissions considered to be the total sulphur dioxide (SO2) and sulphur trioxide (SO3), expressed as SO2. The share of sulphur emitted as sulphur oxides or other sulphur-free compounds is low compared to sulphur emissions resulting from combustion.
6. If measures or techniques are planned to combat sources of sulphur emitting also other elements, in particular nitrogen oxides (NOX) of particulate matter, heavy metals and volatile organic compounds (VOCs), it is worth considering them in correlation with the means applicable to these other pollutants, in order to maximize the overall reduction effect and to minimize pollution to the environment, and in particular,
II. - Main stationary sources of sulphur emissions
7. The combustion of fossil fuels is the main source of human origin of sulphur emissions from stationary sources. In addition, some operations other than combustion can contribute significantly to these emissions. According to EEMEP/CORINAIR'90, the major categories of stationary sources are:
(i) Public electric power plants, mixed installations and urban heating installations:
(a) Boilers;
(b) Fixed combustion turbines and internal combustion engines;
(ii) Commercial, institutional and residential combustion plants:
(a) Commercial boilers;
(b) Domestic heaters;
(iii) Industrial combustion plants and combustion processes:
(a) Industrial boilers and heaters;
(b) Operations, e.g. metallurgy: grilling and sintering, coking, titanium dioxide treatment (TiO2), etc.;
(c) Paper pulp production;
(iv) Non-burning operations, such as sulphuric acid production, some organic synthesis, metal surface treatment;
(v) Extraction, transformation and distribution of fossil fuels;
(vi) Waste treatment and disposal (thermal treatment of household wastes and industrial wastes, etc.).
8. In the ERC region, according to data available for 1990, approximately 88% of sulphur emissions are attributable to all combustion processes (of which 20% are in the industry), 5% to manufacturing processes and 7% to oil refineries. In many countries, power plants are the main source of these emissions. In some countries, the industrial sector (including refineries) is also an important source of SO2 emissions. While emissions from refineries are relatively low in the EEC region, the sulphur content of petroleum products is an important cause of sulphur emissions from other sources. Generally, 60% of the sulphur in raw products remain, 30% are recovered as a basic sulphur and 10% are emitted by refinery chimneys.
III. - General means of reducing emissions
Sulphur due to combustion
9. The general means to reduce sulphur emissions are:
(i) Energy management measures:
(a) Energy saving.
The rational use of energy (improvement of process performance and application, mixed production and/or demand management) usually leads to a reduction in sulphur emissions.
(b) Use of several energy sources.
In general, sulphur emissions can be reduced by increasing in the energy range the proportion of those that do not require combustion (hydraulic, nuclear, wind, etc.). But other environmental violations must be considered.
(ii) Technical means:
(a) Renouncing some fuels.
SO2 emitted during combustion is directly related to the sulphur content of the fuel used.
The replacement of certain fuels (e.g. coals that are very sulphur-sufficient and/or liquid fuels, or coal by gas) leads to a decrease in sulphur emissions, but may face some difficulties, such as obtaining low-sulphur fuels or adaptability of combustion systems in place to other fuels. In many ECE countries, coal or hydrocarbon facilities are currently being replaced by gas installations. Mixed facilities could facilitate the replacement of fuels.
(b) Fuel purification.
Natural gas purification, perfectly at the point, is widely used for practical reasons.
The treatment of the gases of the industry (refining acid gas, coke gas, biogas, etc.) is also perfectly well run.
The same applies to the desulphurization of liquid fuels (light and medium fractions).
The desulphurisation of heavy fractions is technically feasible, but the properties of crude must be taken into account. However, the desulphurisation of residues in the atmosphere (low column products of crude oil distillation units) to obtain a low sulphur petroleum fuel is not commonly practised. It is generally preferable to treat low-sulphur crude. Hydrocracking and total conversion techniques are now well developed and combine a strong sulphur removal with improved yield of light products. There are still few refineries practicing total conversions. Generally these refineries recover 80 to 90 % of the sulphur present and convert all residues into light products or other marketable products. This type of refineries consumes more energy and requires more investment. The sulphur content of refinery products is shown in Table 1 below.
Table 1
Sulphur content of refining products
(Sulphur content [%])
You can see the table in the OJ
n° 207 of 06/09/2005 text number 11
Modern antihracite purification techniques eliminate about half of the inorganic sulphur (according to the properties of coal), but not organic sulphur. More effective technologies are being developed, but they involve higher costs and investments. As a result, coal purification is less profitable than combustion gas desulphurization. It seems that one can find, in each country, the way to best combine these two processes.
(c) Modern combustion technologies.
These are combustion technologies whose technical efficiency has been improved and which emit less sulphur: fluidized bed combustion (CLF); bubbling bed (CLFB); crculant bed (CLFC) and pressure bed (CLFSP); combined cycle with integrated gasification (CCGI) and combined cycle gas turbines (TCT).
Fixed gas turbines can be integrated into the combustion systems of traditional electric power plants, which improves overall efficiency by 5% to 7% and, for example, results in a significant reduction in SO2 emissions. However, this integration requires a profound change in boilers.
Fluidized bed combustion, developed for anthracite and lignite, also accommodates other solid fuels, such as oil coke and poor fuels such as waste, peat and wood. Emissions can be further reduced by integrating a combustion control device into households by adding lime/calcare to the constituent materials of the bed. The total installed power of the CLF has reached about 30,000 MWth (250 to 350 installations), including 8,000 MWth in the power range of more than 50 MWth. The use and/or elimination of by-products derived from this process may pose problems and new adaptations are therefore necessary.
The GIC includes coal gasification and combined cycle electricity generation in a gas and steam turbine. Gased coal is burned in the gas turbine combustion chamber. To reduce sulphur emissions, the most modern raw gas purification methods are used upstream of the gas turbine. This technique is also applied to heavy oil residues and bituminous emulsion. The installed power is currently approximately 1,000 MWel (five installations).
Combined-cycle turbine power plants operating in natural gas with an energy efficiency of approximately 48 to 52% are currently under study.
(d) Changes in combustion processes and mode.
The combustion mode can be modified as is done to reduce NOx emissions, since almost all organic and/or inorganic sulphur is oxidized during combustion (the remaining sulphur, whose quantity depends on the properties of the fuel and the combustion technique, is found in the ash).
In this annex, dry additive processes used in conventional boilers are considered to be process modifications as a result of the injection of an agent in the combustion chamber. However, experience has shown that when applying these processes, the thermal capacity decreases, the Ca/S ratio is high and the low-active desulphurisation. The problems associated with the reuse of by-products should be taken into account, so that this solution should normally be used as an intermediate measure for small facilities (Table 2).
Table 2
Emission levels of sulphur oxides obtained from the application of reduction techniques
on boilers using fossil fuels
You can see the table in the OJ
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(e) Burning gas desulphurisation processes.
These processes are designed to eliminate sulphur oxides already formed; That's why we're also talking about secondary measures. Current knowledge in this field is all based on sulphur extraction through wet, dry or semi-dry and catalytic chemical processes.
In order for the sulphur emission reduction programme to be as effective as possible, beyond the energy management measures of category (i) above, consideration should be given to combining the technical means listed in category (ii) above.
In some cases, the means used to reduce sulphur emissions may also result in a decrease in CO2 emissions, NOx and other pollutants.
For public power plants, mixed plants and urban heating facilities, the following combustion gas treatment processes are applied: wet absorption to limestone/ limestone; dry absorption by spraying; Wellman Lord process; Ammonia removals; combined NOx and SOx extraction processes (activated charcoal and combined catalytic extraction of NOx and SOx).
In the field of energy production, wet absorption to limestone/ limestone and dry spray absorption account for 85% and 10% of the installed power of combustion gas treatment plants.
Several new combustion gas desulfuration processes, such as dry cleaning in the electronic beam and the Mark 13 A process, are still in the experimental stage.
The effectiveness of the above-mentioned secondary measures is indicated in Table 2 above. The figures are derived from the practical experience gained in a large number of facilities in service. The installed power as well as the range of powers are also mentioned. Although several sulphur reduction techniques are comparable, the conditions specific to the facility or its location may have a different method removed.
Table 2 also shows the usual investment cost ranges for the application of sulphur emission reduction techniques described under headings ii) c, d and e. However, when applying these techniques to specific cases, it should be noted that the investment costs for emission reduction measures depend, among other things, on the specific techniques used, the required pollution control systems, the size of the installation, the degree of reduction required and the time scale of the planned maintenance cycles. The table therefore shows only general ranges of investment costs. The investment expenses required to adapt pollution control generally exceed those caused by the construction of new facilities.
IV. - Anti-pollution techniques in other sectors
10. Anti-pollution techniques (listed in headings (ii) to (e) of paragraph 9) are applicable not only in power plants - where, in most cases, practical experience has been acquired for several years - but also in several other sectors of the industry.
11. The application of sulphur emission reduction techniques depends only on the limitations of each process in the sectors. Table 3 below provides important sources of sulphur emissions and related pollution control measures.
Table 3
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12. In the areas listed in Table 3, incorporated devices can be used, including changes in raw material (combined, where applicable, with specific combustion gas treatment), to minimize sulphur emissions.
13. The following examples were reported:
(a) In the new kraft mills, emission levels below 1 kg of sulphur per ton of dried dough can be obtained;
(b) In bisulphite mills, emissions can be reduced to 1-1.5 kg of sulphur per ton of dried dough to air;
(c) In the case of sulphide grazing, the desulphurization rate of 80 to 99 per cent for facilities of 10,000 to 200,000 m3/h was reported (according to the process used);
(d) For an iron ore sintering facility, a combustion gas desulphurisation unit with a power of 320 000 m3/h allows to reduce the sulphur content to less than 100 mg SOx/Nm3, to 6% O2;
(e) In coke furnaces, a content of less than 400 mg SOx/Nm3 to 6% O2;
(f) In sulphuric acid production facilities, the conversion rate is more than 99%;
(g) The Advanced Clause process allows to extract more than 99% of sulphur.
V. - By-products and side effects
14. Increased efforts by countries in the ECE region to reduce sulphur emissions from stationary sources will be accompanied by a proportional increase in the amount of by-products.
15. Techniques that lead to usable by-products should be retained. In addition, techniques that, to the extent possible, increase thermal efficiency and solve the problem of waste disposal should be retained. Although most by-products are usable or recyclable - gypsum, ammonia salts, sulphuric acid, sulphur, etc. - some factors such as market conditions and quality standards must be taken into account. The reuse of the by-products of fluidized bed combustion and dry spray absorption requires progress in this area, since in several countries waste disposal opportunities are limited by the capacity of discharges and the applicable criteria in this area.
16. The side effects or disadvantages below do not prevent the application of any technique or method, but are nevertheless to be taken into account when several means of sulphur reduction are possible:
(a) Determines energy for the treatment of gas;
(b) Corrosion due to the formation of sulphuric acid by reaction of sulphur oxides with water vapour;
(c) Increased use of water and the need to treat waste water;
(d) Use of reagents;
(e) Need to eliminate solid waste.
VI. - Monitoring and communication
17. Measures taken by countries to implement their air pollution reduction strategies and policies include laws and regulations, incentives or deterrent economic instruments, as well as technical requirements (necessity of using the best available technology).
18. In general, the standards are set by emission source, depending on the size of the facility, the operating mode, the combustion technology, the type of fuel and the oldness of the facility. Another alternative is to set a global sulphur emission reduction target for a group of sources and to allow the appropriate response area to be selected (Bubble principle).
19. In order to limit sulphur emissions to levels established by national legislation, a permanent monitoring and reporting system must be established to the monitoring authorities.
20. There are currently several control systems based on continuous or discontinuous measurement methods. However, quality standards vary. Measurements must be performed by qualified institutes using measurement and monitoring systems. To this end, a certification system is likely to provide the best insurance.
21. With automatic control systems and modern control equipment, data communication is not problematic. Their collection for further use is done according to current techniques. However, the data to be communicated to the competent authorities vary from case to case. To improve the comparability of the series, regulations must be harmonized. Harmonization is also desirable to ensure the quality of measurement and control systems. This need is to be considered when comparing data.
22. To avoid discrepancies and discrepancies, it is a matter of defining the essential elements and parameters, including:
(a) The standards should be expressed in ppmv, mg/Nm3, g/GJ, kg/h or kg/tonne of product. Most of these units are to be calculated and specified for gas temperature, humidity, pressure, oxygen content or the value of thermal intake;
(b) It is important to define the period, expressed in hours, months or years, in relation to which the average values of standards should be established;
(c) The stopping times and corresponding safety rules for the derivation of the monitoring systems or the stopping of the installation shall be defined;
(d) It is also necessary to define the methods to be applied to complete missing or lost data, as a result of equipment failure;
(e) It is important to define the set of parameters to be measured. Depending on the type of industrial process, the required information may vary, which requires that the measurement point be located in the system.
23. Quality measurements should be ensured.
A N N E X E V
VALUES LIMITES EMISSION AND SOUFRE
You can see the table in the OJ
n° 207 of 06/09/2005 text number 11
You can see the table in the OJ
n° 207 of 06/09/2005 text number 11
DECISION ADOPTED BY THE EXECUTIVE BODY
THE OCCASION OF THE PROTOCOL ADOPTION
The Executive Body:
Before approved and adopted the Protocol to the 1979 Convention on Long-range Transboundary Air Pollution on a Further Reduction of Sulphur Emissions;
Determined to act as soon as possible to ensure effective monitoring of the implementation of the new Protocol,
Decides, in the light of Article 7, paragraph 3, of the new Protocol, to approve the attached text concerning "the structure and functions of the enforcement committee and the procedures that the Committee shall follow to consider whether the provisions of the Protocol are properly complied with"; and
Urges Parties to the new Protocol to adopt the attached text at the first session of the Executive Body following the entry into force of the Protocol.
STRUCTURE AND FUNCTIONS OF THE APLICATION COMMITTEE AND PROCEDURES THAT THE SUVISIONAL COMMITTEE FOR IMPLEMENTING THE PROTOCOL PROTOCOL PROTOCOL PROTOCOL
1. The Committee is composed of eight Parties. At the first session of the Executive Body following the entry into force of this Protocol, Parties shall elect four Parties to the Committee for a term of two years and four Parties for a term of one year. At each of the following sessions, they elect four new Parties for a two-year term. Outgoing Parties may be re-elected for a second consecutive term. The Committee shall elect its Chairperson and a Vice-Chair.
2. The Committee meets twice a year, unless it decides otherwise. The secretariat shall make arrangements for organizing and servicing its meetings.
3. If one or more Parties have reservations as to how another Party fulfils its obligations under this Protocol, they may notify the Secretariat in writing by joining their communication of information that corroborates their views. Within two weeks after receipt of the communication, the secretariat shall send a copy to the Party in which the manner in which it applies a particular provision of the Protocol is involved. The response to the communication and the information supporting this response must be submitted to the secretariat and to the Parties concerned within three months of the date of the submission of the communication or after a longer period if the circumstances of the case so require. The secretariat shall transmit the communication, response and information provided by the Parties to the Committee, which shall consider the matter as soon as possible.
4. When the secretariat, in particular during the consideration of reports submitted pursuant to Article 5, realizes that a Party may not meet its obligations under the Protocol, it may request the Party in question to provide the necessary information in this regard. If no response is received from that Party after a three-month period or a longer period if the circumstances of the case so require or if the matter is not resolved by administrative or diplomatic means, the secretariat shall inform the Committee.
5. When a Party arrives to the conclusion that, despite all the efforts it has been able to make in good faith, it is or will be unable to comply fully with its obligations under this Protocol, it may send a written communication to the secretariat, in particular explaining the specific conditions that it considers to be unable to fulfil its obligations. The secretariat shall transmit this communication to the Committee, which shall examine it as soon as possible.
6. The Committee shall:
(a) Taking into account the guidelines established by Parties at the sessions of the Executive Body, synthesize and evaluate the information provided by Parties pursuant to Article 5 of the Protocol;
(b) Taking into account the guidelines established by the Parties at the sessions of the Executive Body, conduct, on a regular basis, an analysis and assessment of the progress made in the implementation of the Protocol;
(c) To consider any matter before it pursuant to paragraphs 3, 4 and 5 above with a view to resolving the matter in a constructive manner; and
(d) Ensure that the quality of the data provided by a Party pursuant to Article 5 (Information to be communicated) is assessed by the EEMEP technical centres and/or by an independent expert designated on the proposal of the Implementation Committee. Apart from the geographic area of EEM activities, assessment procedures adapted to the particular situation of the Parties concerned are used.
7. The committee may:
(a) Request, through the secretariat, additional information on the issues it considers;
(b) Collect, at the invitation of the Party concerned, information on the territory of that Party; and
(c) Review any information transmitted by the secretariat on compliance with the provisions of this Protocol.
8. The Committee shall submit annually to the Parties, at the sessions of the Executive Body, a report on its activities, with particular reference to any recommendations it considers appropriate with respect to the provisions of the Protocol. The Committee shall prepare each of its reports no later than ten weeks before the session of the Executive Body to which the report is to be considered.
9. Where a Party that is not a member of the Committee is designated in a communication under paragraph 3 or submits a communication under paragraph 5, it is entitled to participate in the consideration of that communication by the Committee.
10. No Party, whether or not it is a member of the Committee, concerned by an issue before the Committee, shall participate in the development or adoption of the recommendations on the matter to be included in the report of the Committee.
Done in Paris, September 5, 2005.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Dominique de Villepin
Minister of Foreign Affairs,
Philippe Douste-Blazy
