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The Convention On Access To Information, Public Participation In Decision-Making And Access To Justice In Environmental Matters The Protocol On Pollutant Release And Transfer Registers

Original Language Title: Par Konvencijas par pieeju informācijai, sabiedrības dalību lēmumu pieņemšanā un iespēju griezties tiesu iestādēs saistībā ar vides jautājumiem Protokolu par piesārņojošo vielu un izmešu pārneses reģistriem

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The Saeima has adopted and the President promulgated the following laws: the Convention on access to information, public participation in decision-making and access to justice in environmental matters the Protocol on pollutant release and transfer registers article 1. 25 June 1998 Convention on access to information, public participation in decision-making and access to justice in environmental matters 21 May 2003 Protocol on pollutant release and transfer registers (hereinafter referred to as the Protocol) with this law is adopted and approved. 2. article. Fulfilment of the obligations provided for in the Protocol are coordinated by the Ministry of the environment. 3. article. This Protocol shall enter into force on its article 27 and for the period specified in the order, and the Ministry of Foreign Affairs shall notify the newspaper "journal". 4. article. The law shall enter into force on the day following its promulgation. With the law put the Protocol in English, and its translation into Latvian language. The Parliament adopted the law of 21 February. President Valdis Zatlers in Riga V 2008 March 13 PROTOCOL ON the release AND TRANSFER REGISTER POLLUTAN the parties to this Protocol, Recalling article 5, paragraph 9, and article 10, paragraph 2, of the 1998 Convention on access to Information, Public Participation in Decision-making and access to justice in Environmental matters (the Aarhus Convention), Recognizing that pollutan release and transfer register will provide an important mechanism to increase corporate accountability , reduce pollution and promote sustainable development, as stated in the Lucca Declaration adopted at the first meeting of the parties to the Aarhus Convention, Having regard to principle 10 of the 1992 Rio Declaration on environment and development, Having regard also to the principles and commitment to agreed to at the 1992 United Nations Conference on environment and development, in particular the provision in chapter 19 of Agenda 21 By Taking note of the programme for the Further Implementation of Agenda 21, adopted by the General Assembly of the United Nations at its nineteenth special session, in 1997, in which it called for, inter alia, enhanced national capacities and capabilities for information collection, processing and dissemination, to be published by access to facilitat information on global environmental issues through appropriate means, Having regard to the Plan of Implementation of the 2002 World Summit on Sustainable development , which the development of encourag coheren, integrated information on chemicals, such as through national pollutan release and transfer register, Taking into account the work of the Intergovernmental Forum on Chemical Safety, in particular the 2000 Bahia Declaration on Chemical Safety, the Allocation for Action Beyond 2000 and the Pollutan release and Transfer Register/Emission Inventory Action Plan, Taking into account also the activities undertaken within the framework of the Inter-Organization Programme for the Sound management of chemicals , Taking into account Furthermore the work of the Organisation for Economic Co-operation and development, in particular its Council Recommendations on Implementing Pollutan release and Transfer Register, in which the Council calls upon member countries to establish and make publicly available national pollutan release and transfer register, Wishing to provide a mechanism contributing to the ability of every person of present and future generations to live in an environment to his or her adequat health and well-being , by ensuring the development of publicly accessible environmental information systems, Wishing to ensur that also the development of such systems takes into account principles contributing to sustainable development such as the banks approach set forth in principle 15 of the 1992 Rio Declaration on environment and development, Recognizing the link between an adequat environmental information systems and the exercise of the rights in the Aarhus Convention led , Noting the need for cooperation with other international initiative concerning the pollutant and waste, including the 2001 Stockholm Convention on Persistent Organic Pollutant and the 1989 Basel Convention on the Control of Transboundary Movement of Hazardous Waste and their Disposal, Recognizing that the objective of an integrated approach to minimizing pollution and the amount of waste resulting from the operation of industrial installation and other sources to achieve a high level of it of protection for the environment as a whole , the move towards sustainable and environmentally sound development and to protect the health of present and future generations, Convinced of the value of pollutan release and transfer register as a cost-effective tool for encouraging improvements in environmental performance, for providing public access to information on a pollutant released into and transferred in and through communities, and for use by Governments in tracking trends demonstrating progress in pollution reduction, monitoring compliance with certain international agreements, setting the allocation and evaluating progress achieved through environmental policies and programmes, Believing that pollutan release and transfer register can bring tangibl benefits to industry through the improved management of pollutant, Noting the opportunities for using data from the release and transfer register pollutan, combined with health, environmental, demographic, economic or other types of relevant information , for the purpose of gaining a better understanding of potential problems, identifying ' hot spots ', taking preventive and mitigating measure, and setting environmental management allocation, Recognizing the importanc of protecting the privacy of natural persons identified or identifiabl in the processing of information reported it to release and transfer register pollutan in accordanc with applicable international standards relating to data protection, Recognizing also the importanc of developing internationally compatible national pollutan release and transfer register systems to increase the comparability of data , Noting that many member States of the United Nations Economic Commission for Europe, the European Community and the parties to the North American free trade agreement with the acting it collect data on releases and transfers pollutan from various sources and to make these data publicly accessible, and recognizing especially in this area the long and valuable experience in certain countries, Taking into account the different approaches in existing emission register and the need to avoid duplication , and therefore recognizing that a certain degree of flexibility is needed, the Urgings of the progressive development of national register pollutan release and transfer, also the Urgings of links between national establishment pollutan release and transfer register and information systems on other releases of public concern, have agreed as follows: article 1 objective the objective of this Protocol is to enhance public access to information through the establishment of the coheren , integrated, nationwide pollutan release and transfer register (PRTR) in accordanc with the provision of this Protocol, which could be published by participation in environmental decision facilitat-making as well as contribute to the prevention and reduction of pollution of the environment. Article 2 DEFINITION For the purpose of this Protocol, 1. "Party" means, unless the text indicates otherwise, a of the State or a regional economic integration organization referred to in article 24 which has consented to be bound by this Protocol and for which the Protocol is in force; 2. "Convention" means the Convention on access to Information, Public Participation in Decision making and access to justice in Environmental matters, done at Aarhus, Denmark, on 25 June 1998; 3. "the public" means one or more natural or legal persons, and, in accordanc with national legislation or practice, their associations, organizations or groups; 4. "Facility" means one or more installation on the same site, or on adjoining sites, that are owned or operated by the same natural or legal person; 5. "Competent authority" means the national authority or authorities, or any other competent body or bodies, designated by a Party to manage a national pollutan release and transfer register system; 6. (a) means "Pollutan" substance or a group of substances that may be harmful to the environment or to human health on account of its properties and of its introduction into the environment; 7. "release" means any introduction of pollutant into the environment as a result of any human activity, deliberate or accidental, whethers routin or non-including spilling, emitting, routin, discharging, injecting, disposing or dumping, or through sewer systems without final waste-water treatment; 8. "off-site transfer" means the movement beyond the boundaries of the facility of either pollutant or waste destined for disposal or recovery and of pollutant in waste water destined for waste-water treatment; 9. "Diffus source" means the many smaller or scattered sources from which a pollutant may be released to land, air or water, whose combined impact on those media may be significant and for which it is impractical to collect reports from each individual source; 10. The terms "national" and "nationwide" shall, with respect to the obligations under the Protocol on parties that are regional economic integration organizations, be construed as applying to the region in question unless otherwise indicated by; 11. "waste" means substances or objects which are: (a) Disposed of or recovered; (b) Intended to be disposed of or recovered; or (c) Required by the provision of national law to be disposed of or recovered; 12. "hazardous waste" means waste that is defined as hazardous by the provision of national law; 13. "Other waste" means waste that is not hazardous waste; 14. "waste water" means used water containing substances or objects that is subject to regulation by national law. Article 3 GENERAL PROVISION 1. Each Party shall take the legislative, regulatory and others cessary measure, and appropriate enforcement measure, the provision in the implementations of this Protocol. 2. The provision of this Protocol shall not be affec the right of a Party to maintain or introduce a more extensive or more publicly accessible pollutan release and transfer register than required by this Protocol. 3. Each Party shall take the measure of the cessary require that employees of a facility and members of the public who report a violation by a facility of national laws implementing this Protocol to public authorities are not penalized, persecuted or harassed by that facility or public authorities for their actions in reporting the violation. 4. In the implementation of this Protocol, each Party shall be guided by the approach as set forth in the banks in principle 15 of the 1992 Rio Declaration on environment and development. 5. To reduce the duplicativ reporting, release and transfer register pollutan systems may be integrated to the degree practicabl with existing information sources such as reporting mechanisms under licences or operating permit. 6. the Parties shall striv to achieve convergence among national pollutan release and transfer register. Article 4 core elements OF (A) the release AND TRANSFER REGISTER POLLUTAN System In accordanc with this Protocol, each Party shall establish and maintain a publicly accessible national pollutan release and transfer register that: (a) a facility-specific Iso with respect to reporting on point sources; (b) accommodate up reporting on diffus source; (c) Is a waste-specific or pollutan-specific, as appropriate; (d) Is multimedia, distinguishing among releases to air, land and water; (e) includes information on transfers; (f) Is based on mandatory reporting on a periodic basis; (g) includes standardized and timely data, a limited number of standardized reporting thresholds and limited provision, if any, for confidentiality; (h) Is designed to be user coheren and-friendly and publicly accessible, including in electronic form; (i) allows for public participation in its development and modification; and (j) Is a structured, computerized database or several linked databases maintained by the competent authority. Article 5 DESIGN AND structure 1. Each Party shall ensur that the data held on the register referred to in article 4 are presented in both aggregated and non-aggregated forms, so that releases and transfers can be searched and identified according to: (a) the Facility and it is location location; (b) Activity; (c) the Owner or operator, and, as appropriate, company; (d) waste, or sharp Pollutan appropriate; (e) Each of the environmental media into which the pollutan is released; and (f) As specified in article 7, paragraph 5, the destination of the transfer and, where appropriate, the disposal or recovery operation for waste. 2. Each Party shall also ensur that the data can be searched and identified according to those sources, of which diffus have been included in the register. 3. Each Party shall design its register taking into account the possibility of its future expansion and ensuring that the reporting data from at least the ten previous reporting years are publicly accessible. 4. The register shall be designed for maximum ease of public access through electronic means, such as the Internet. The design shall allow that, under normal operating conditions, the information on the register is continuously and immediately available through electronic means. 5. Each Party should provide links in its register to its relevant existing, publicly accessible databases on subject matters related to environmental protection. 6. Each Party shall provide links in its register to the pollutan release and transfer register of other parties to the Protocol and, where feasibl, to those of other countries. Article 6 scope OF the REGISTER 1. Each Party shall ensur that its register includes the information on: (a) releases of the pollutant required to be reported under article 7, paragraph 2; (b) off-site transfers required to be reported under article 7, paragraph 2; and (c) releases of the pollutant from source required under of diffus article 7, paragraph 4., 2. Having assessed the experience gained from the development of national release and transfer register pollutan and the implementation of this Protocol, and taking into account relevant international processes, the Meeting of the Parties shall review the reporting requirements under this Protocol and shall consider the following issues in its further development : (a) Revision of the activities specified in annex I; (b) Revision of the pollutant is specified in annex II; (c) the Revision of the thresholds in annex I and II; and (d) the Inclusion of other relevant aspects such as information on on-site transfers, storage, the specification of reporting requirements for diffus source or the development of criteria for including a pollutant under this Protocol. Article 7 REPORTING requirements 1. Each Party shall either: (a) require the owner or the operator of each individual facility within its jurisdiction that one or more of the undertak of the activities specified in annex I above the applicable capacity threshold specified in annex I, column 1, and: (i) releases the specified in annexe II pollutan Anya in a quantit exceeding the applicable threshold specified in annex II in , column 1; (ii) transfers off-site any specified in annex II in the pollutan quantit to exceeding the applicable threshold specified in annex II, column 2, where the Party has opted for the reporting of pollutan-specific transfers to pursuan paragraph 5 (d); (iii) transfers off-site hazardous waste exceeding 2 tons per year or other waste exceeding 2.000 tons per year, where the Party has opted for waste-specific reporting of transfers pursuan to paragraph 5 (d); or (iv) transfers off-site any specified in annexe II to pollutan in waste water destined for waste-water treatment in a quantit exceeding the applicable threshold specified in annex II, column 1b; the obligation imposed on the undertak that owner or operator pursuan to paragraph 2; or (b) require the owner or the operator of each individual facility within its jurisdiction that one or more of the undertak of the activities specified in annex I at or above the employee threshold specified in annex I, column 2, and manufacture, or use any of the processes specified in annex II in the pollutan quantit to exceeding the applicable threshold specified in annex II, column 3 , to the obligation imposed on undertak that owner or operator pursuan to paragraph 2 Each Party shall 2. require the owner or operator of a facility referred to in paragraph 1 to submit the information specified in paragraphs 5 and 6, and in accordanc with the requirements therein, with respect to those pollutant and waste for which thresholds were exceeded. 3. In order to achieve the objective of this Protocol, a Party may decide with respect to a particular pollutan it apply either a release threshold or a manufacture, process or use threshold, provided that this increase of the relevant information on releases or transfers available in its register. 4. Each Party shall ensur that its competent authority shall collect, or designat one or more public authorities or competent bodies to collect, the information on releases of the pollutant from the sources specified in paragraph diffus 7 and 8, for inclusion in its register. 5. Each Party shall require the owners or operators of the facilities required to report under paragraph 2 to complete and submit to its competent authority, the following information on a facility-specific basis: (a) the name, street address, location location and the activity or activities of the reporting facility, and the name of the owner or operator, and, as appropriate, company; (b) the name and numerical identifier of each pollutan required to be reported to the paragraph 2 pursuan; (c) the amount of each required to be reported pollutan pursuan to paragraph 2 released from the facility to the environment in the reporting year, both in aggregate and according to whethers the release is to air, to water or to land, including by underground injection; (d) Either: (i) the amount of each required to be reported pollutan pursuan to paragraph 2 that is transferred off-site in the reporting year, distinguishing between the non transferred for disposal and for recovery of, and the name and address of the facility receiving the transfer; or (ii) the amount of waste required to be reported to the paragraph 2 pursuan transferred off-site in the reporting year, distinguishing between hazardous waste and other waste, for any operations of recovery or disposal, indicating respectively with ' R ' or'd ' whethers the waste is destined for recovery or disposal and the annexe III pursuan, for the transboundary movement of hazardous waste, the name and address of the recoverer or disposer of the waste and the actual recovery or disposal of the site receiving the transfer; (e) the amount of each pollutan in waste water required to be reported to the paragraph 2 pursuan transferred off-site in t he reporting year; and (f) the type of methodology used to the information referred to deriv in subparagraph (c) to (e), according to article 9, paragraph 2, indicating whethers the information is based on measurement, calculation or estimation. 6. The information referred to in paragraph 5 (c) to (e) shall include information on releases and transfers resulting from the activities and routin from extraordinary events. 7. Each Party shall present on its register, in an adequat spatial disaggregation, the information on releases of the pollutant from diffus source for which that Party of that data with the determin- being collected by the relevant authorities and can be practicably included. Where the Party of determin that from such data exist, it shall take the measure to the reporting on releases initiat of relevant pollutant from one or more source diffus in accordanc with its national allocation. 8. The information referred to in paragraph 7 shall include information on the type of methodology used to deriv the information. Article 8 REPORTING cycle 1. Each Party shall ensur that the information required to be incorporated in its register is publicly available, compiled and presented on the register by calendar year. The reporting year is the calendar year to which the information you relate. For each Party, the first reporting year is the calendar year after the Protocol enter into force for that Party. The reporting required under article 7 shall be annual. However, the second reporting year may be the second calendar year following the first reporting year. 2. Each Party that is not a regional economic integration organization shall ensur that the information is incorporated into its register within fifteen months from the end of each reporting year. However, the information for the first reporting year shall be incorporated into its register within two years from the end of that reporting year. 3. Each Party that is a regional economic integration organization shall ensur that the information for a particular reporting year is incorporated into its register six months after the parties that are not regional economic integration organizations with the required it to do so. Article 9 DATA COLLECTION AND RECORD-KEEPING 1. Each Party shall require the owners or operators of the facilities subject to the reporting requirements of article 7 to collect the data needed to determin, in accordanc with paragraph 2 below and with appropriate frequency, the facility's releases and off-site transfers subject to reporting under article 7 and to keep available for the competent authorities to the records of the data from which the reported information was derived for a period of five years, starting from the end of the reporting year concerned. These records shall also describ the methodology used for data gathering. 2. Each Party shall require the owners or operators of the facilities subject to reporting under article 7 to use the best available information, which may include monitoring data, emission factors, mass balance equations, indirect monitoring or other calculations, engineering judgment and other methods. Where appropriate, this should be done in accordanc with internationally approved methodolog. Article 10 QUALITY assessment 1. Each Party shall require the owners or operators of the facilities subject to the reporting requirements of article 7, paragraph 1, of the quality of their assuras of the information that they report. 2. Each Party shall ensur that the data in it will register with the led is subject to quality assessment by the competent authority, in particular as to their credibility, consistency and completenes will, taking into account any guidelines that may be developed by the Meeting of the parties. Article 11 PUBLIC access TO INFORMATION Each Party shall ensur 1. public access to information will be led in it pollutan release and transfer register, without an interest having to be stated, and according to the provision of this Protocol, primarily by ensuring that its register provides for direct electronic access through public telecommunications networks. 2. Where the information in the register is not led it easily publicly accessible by direct electronic means, each Party shall ensur that its competent authority upon request provides that information by any other effective means, as soon as possible and at the latest within one month after the request has been submitted. 3. Subject to paragraph 4, each Party shall ensur that access their information in the register is led it free of charge. 4. Each Party may allow its competent authority to make a charge for reproducing and mailing the specific information referred to in paragraph 2, but such charge shall not exceeds 100 a reasonable amount. 5. Where the information in the register is not led it easily publicly accessible by direct electronic means, each Party shall facilitat electronic access to its register in publicly accessible locations, for example in public libraries, offices of local authorities or other appropriate places. Article 12 CONFIDENTIALITY 1. Each Party may authoriz the competent authority to keep information held on the register confidential where public disclosure of that information would adversely affec the: (a) International relations, national defence or public security; (b) the course of Justice, the ability of a person to receive a fair trial or the ability of a public authority to conduct an enquiry of a criminal or disciplinary nature; (c) the confidentiality of commercial and industrial information, where such confidentiality is protected by law in order to protect a legitimat economics interest; (d) Intellectual property rights; or (e) the confidentiality of personal data and/or files relating to a natural person if that person has not consented to the disclosure of the information to the public, where such confidentiality is provided for in national law. The aforementioned grounds for confidentiality shall be interpreted in a restrictive way, taking into account the public interest served by disclosure and whethers the information relate to releases into the environment. 2. Within the framework of paragraph 1 (c), any information on releases which is relevant for the protection of the environment shall be considered for disclosure according to national law. 3. Whenever information is kep a confidential according to paragraph 1, the register shall indicates what type of information has been withheld, through, for example, providing generic chemical information if possible, and for what reason it has been withheld. Article 13 PUBLIC PARTICIPATION IN the development OF NATIONAL release AND TRANSFER REGISTER POLLUTAN 1. Each Party shall ensur appropriate opportunities for public participation in the development of its national pollutan release and transfer register, within the framework of its national law. 2. For the purpose of paragraph 1, each Party shall provide the opportunity for free public access to the information on the proposed measure concerning the development of of it national to release and transfer register pollutan and for the submission of any comments, information, analyses or opinions that are relevant to the decision-making process, and the relevant authority shall take due account of such public input. 3. Each Party shall ensur that, when a decision to establish or significantly change its register has been taken, information on the decision and the considerations on which it is based are made publicly available in a timely manner. Article 14 access TO justice 1. Each Party shall, within the framework of its national legislation, ensur that any person who consider that his or her request for information under article 11, paragraph 2, has been ignored, wrongfully refused, whethers in on or in full, inadequately answered, or otherwise not deal with in accordanc with the provision of that paragraph has access to a review procedure before a Court of law or another independent and impartial body established by law. 2. The requirements in paragraph 1 are without prejudice to the rights and obligations of the respectiv of parties under existing treats to applicable between them dealing with the subject matter of the article. Article 15 CAPACITY-BUILDING 1. Each Party shall promote public awareness of it in the release and transfer register pollutan, and shall ensur that assistance and guidance are provided in accessing its register and in understanding and using the information in it led. 2. Each Party should provide adequat capacity-building for and guidance to the responsible authorities and the bodies to assist them in carrying out their duties under this Protocol. Article 16 INTERNATIONAL COOPERATION 1. The Parties shall, as appropriate, cooperate and assist each other: (a) In international actions in support of the objective of this Protocol; (b) On the basis of mutual agreement between the parties concerned, in implementing national systems in pursuanc of this Protocol; (c) In sharing information under this Protocol on releases and transfers within border areas; and (d) In sharing information under this Protocol concerning transfers among parties. 2. The Parties shall in cooperation among each other and encourag with relevant international organizations, as appropriate, to promote: (a) Public awareness at the international level; (b) the transfer of technology; and (c) the provision of technical assistance to parties that are developing countries and parties with economies in transition in matters relating to this Protocol. Article 17 MEETING OF the parties 1. (A) the Meeting of the parties is hereby established. Its first session shall be convened from later than two years after the entry into force of this Protocol. Thereafter, ordinary sessions of the Meeting of the Parties shall be held sequentially with or parallel to ordinary meetings of the parties to the Convention, unless otherwise decided by the by the parties to this Protocol. The Meeting of the Parties shall hold an extraordinary session if it so decide in the course of an ordinary session or at the written request of any Party provided that, within six months of it being communicated by the Executive Secretary of the Economic Commission for Europe to all parties, the said request is supported by at least one third of these parties. 2. The Meeting of the Parties shall keep under continuous review the implementation and development of this Protocol on the basis of regular reporting by the parties and, with this purpose in mind, shall: (a) Review the development of pollutan release and transfer register, and promote their progressive strengthening and convergence; (b) Establish guidelines facilitating reporting by the parties to it, bearing in mind the need to avoid duplication of effort in this regard; (c) Establish a programme of work; (d) Consider and, where appropriate, to measure their adop strengthen international cooperation in accordanc with article 16; (e) Establish such subsidiary bodies as it not cessary deemas; (f) Consider and adop proposal for such amendments to this Protocol and its annex are deemed not the axis of the cessary for the purpose of this Protocol, in accordanc with the provision of article 20; (g) At its first session, consider and by consensus the rules of procedure adop for its sessions and those of its subsidiary bodies, taking into account any rules of procedure adopted by the Meeting of the parties to the Convention; (h) Consider establishing financial arrangements by consensus and technical assistance mechanisms to facilitat the implementation of this Protocol; (i) Seek, where appropriate, the services of other relevant international bodies in the achievement of the objective of this Protocol; and (j) Consider and take any additional action that may be required to further the objective of this Protocol, such as the adoption of guidelines and recommendations which promote its implementation. 3. The Meeting of the Parties shall facilitat the exchange of information on the experience gained in reporting transfers using the pollutan-specific and waste-specific approaches, and shall review that experience in order to investigat the possibility of convergence between the two approaches, taking into account the public interest in information in accordanc with article 1 and the overall effectiveness of national pollutan release and transfer register. 4. The United Nations, its specialized agencies and the International Atomic Energy Agency, as well as any State or regional economic integration organization entitled under article 24 to sign this Protocol but which is not a Party to it, and any intergovernmental organization qualified in the fields to which the Protocol relate shall be entitled, to participat as observer in the sessions of the Meeting of the parties. Their admission and participation shall be subject to the rules of procedure adopted by the Meeting of the parties. 5. Any non-governmental organization qualified in the fields to which this Protocol relate which has informed the Executive Secretary of the Economic Commission for Europe of the of its wish to be represented at a session of the Meeting of the Parties shall be entitled to as an observer unless participat in one third of the Parties present at the session raise objection. Their admission and participation shall be subject to the rules of procedure adopted by the Meeting of the parties. Article 18 right TO vote 1. Except as provided for in paragraph 2, each Party to this Protocol shall have one vote. 2. Regional economic integration organizations, in matters within their competence, shall exercise their right to vote with a number of votes equal to the number of their member States which are parties. Such organizations shall not exercise their right to vote if their member States exercise their will, and vice versa. Article 19 of the Annexe ANNEXE to this Protocol shall form an integral part thereof and, unless expressly provided otherwise, be a reference to this Protocol the constitut at the same time a reference to any of the annexe theret. Article 20 AMENDMENTS 1 Any Party may of amendments proposes to this Protocol. 2. Proposals for amendments to this Protocol shall be considered at a session of the Meeting of the parties. 3. Any proposed amendment to this Protocol shall be submitted in writing to the Secretariat, which shall communicate it at least six months before the session at which it is proposed for adoption to all parties, to other States and regional economic integration organizations that have consented to be bound by the Protocol and for which it has not yet entered into force and the Signator. 4. The Parties shall make every effort to reach agreement on any proposed amendment to this Protocol by consensus. If all efforts at consensus have been exhausted, and no agreement reached, the amendment shall as a last resort be adopted by a majority of a three-fourth vote of the Parties present and voting at the session. 5. For the purpose of this article, "Parties present and voting" means Parties present and casting an affirmativ or negative vote. 6. Any amendment to this Protocol adopted in accordanc with paragraph 4 shall be communicated by the Secretariat to the Depositary, who shall circulate it to all parties, to other States and regional economic integration organizations that have consented to be bound by the Protocol and for which it has not yet entered into force and the Signator. 7. An amendment, other than one to an annex, shall enter into force for those parties having ratified, accepted or approved it on the ninetieth day after the the date of receipt by the Depositary of the instruments of ratification, acceptance or approval by at least three fourth of those which were parties at the time of its adoption. Thereafter it shall enter into force for any other Party on the ninetieth day after that Party deposits its instrument of ratification, acceptance or approval of the amendment. 8. In the case of an amendment to an annex, a Party that does not accept such an amendment shall so notify the Depositary in writing within twelve months from the date of its circulation by the Depositary. The Depositary shall without delay notify all parties of any such notification received. A Party may at any time withdraw a notification of non-acceptance, whereupon the amendment to an annex shall enter into force for that Party. 9. On the expiry of twelve months from the date of its circulation by the Depositary as provided for in paragraph 6, an amendment to an annex shall enter into force for those parties which have not submitted a notification to the Depositary in accordanc with paragraph 8, provided that, at that time, not more than one third of those which were parties at the time of the adoption of the amendment have submitted such a notification. 10. If an amendment to an annex is directly related to an amendment to this Protocol, it shall not enter into force until such time as the amendment to this Protocol enter into force. Article 21 secretariat the Executive Secretary of the Economic Commission for Europe shall carry out the following secretariat functions for this Protocol: (a) the preparation and servicing of the sessions of the Meeting of the parties; (b) the transmission to the parties of reports and other information received in accordanc with the provision of this Protocol; (c) the reporting to the Meeting of the parties on the activities of the Secretariat; and (d) Such other functions as may be determined by the Meeting of the parties on the basis of available resources. Article 22 REVIEW OF compliance At its first session, the Meeting of the Parties shall by consensus establish cooperative procedures and institutional arrangements of a non-judicial, non-adversarial and consultative nature to assess and promote compliance with the provision of this Protocol and to address cases of non-compliance. In establishing these procedures and arrangements, the Meeting of the Parties shall consider, inter alia, to allow for information to be whethers received from members of the public on matters related to this Protocol. Article 23 settlement OF DISPUTE 1. If a dispute between two of the «arise or more parties about the interpretation or application of this Protocol, they shall seek a solution by negotiation or by any other peaceful means of dispute settlement to the acceptabl parties to the dispute. 2. When signing, ratifying, accepting, approving or acceding to this Protocol, or at any time thereafter, a State may declare in writing to the Depositary that, for a dispute not resolved in accordanc with paragraph 1, it will accept one or both of the following means of dispute settlement as compulsory in relations to any Party accepting the same obligation: (a) Submission of the dispute to the International Court of Justice; (b) Arbitration in accordanc with the procedure set out in annex IV (A) regional economic integration organization may make a declaration with like effect in relations to arbitration in accordanc with the procedures referred to in subparagraph (b). 3. If the parties to the dispute have accepted both means of dispute settlement referred to in paragraph 2, the dispute may be submitted only to the International Court of Justice, unless the parties to the dispute agree otherwise. Article 24 signature this Protocol shall be open for signature at Kiev (Ukraine) from 21 to 23 May 2003 on the occasion of the fifth Ministerial Conference "environment for Europe," and thereafter at United Nations Headquarters in New York until 31 December 2003, by all States which are members of the United Nations and by regional economic integration organizations constituted by sovereign States members of the United Nations to which their member States have transferred competence over matters governed by This Protocol, including the competence to enter into the treats in respect of these matters. Article 25 DEPOSITARY the Secretary-General of the United Nations shall act as the Depositary of this Protocol. Article 26 RATIFICATION, acceptance, APPROVAL AND ACCESSION 1 this Protocol shall be subject to ratification, acceptance or approval by signatory States and regional economic integration organizations referred to in article 24.2. This Protocol shall be open for accession as from 1 January 2004 by the States and regional economic integration organizations referred to in article 24. Any regional economic integration organization 3 referred to in article 24 which become a Party without any of its Member States being a Party shall be bound by all the obligations under this Protocol. If one or more member States of such an organization is a Party, the organization and its member States shall decide on their respectiv has responsibilities for the performance of their obligations under this Protocol. In such cases, the organization and the member States shall not be entitled to exercise rights under this Protocol concurrently. 4. In their instruments of ratification, acceptance, approval or accession, the regional economic integration organizations referred to in article 24 shall declare the exten of their competence with respect to the matters governed by this Protocol. These organizations shall also inform the Depositary of any substantial modification to the exten of their competence. Article 27 ENTRY into force 1 this Protocol shall enter. into force on the ninetieth day after the date of deposit of the sixteenth instrument of ratification, acceptance, approval or accession. 2. For the purpose of paragraph 1, any instrument deposited by a regional economic integration organization shall not be counted as additional to those deposited by the States members of such an organization. 3. For each State or regional economic integration organizations which accept or approve ratif, of this Protocol or accede after the deposit of the theret of the sixteenth instrument of ratification, acceptance, approval or accession, the Protocol shall enter into force on the ninetieth day after the date of deposit by such State or organization of its instrument of ratification, acceptance, approval or accession. Article 28 reservations Of reservations may be made to this Protocol. Article 29 WITHDRAWALS At any time after three years from the date on which this Protocol has come into force with respect to a Party, that Party may withdraw from the Protocol by giving written notification to the Depositary. Any such withdrawals shall take effect on the ninetieth day after the date of its receipt by the Depositary. Article 30 AUTHENTIC texts the original of this Protocol, of which the English, French and Russian texts are equally authentic, shall be deposited with the Secretary-General of the United Nations. In WITNESS WHEREOF the undersigned, being duly authorized, have signed the theret this Protocol. Done at Kiev, this twenty-first day of May, two thousand and three.

Annex I Activities.
Activity Capacity threshold (column 1) the employee threshold (column 2) 1. Energy sector (a) Mineral oil and gas refiner to 10 employees (b) Installation for gasification and liquefaction (c) Thermal power station and other combustion installation With a heat input of 50 megawatt (MW) (d) coke ovens (e) Coal rolling mills With a capacity of 1 ton per hour (f) Installation for the manufacture of coal products and solid fuel 2. smokeles Producing and processing of metals (a) Metal ore (including the sulphid ore roasting or sintering installation) * 10 employees 10 employees (b) Installation for the production of pig iron or steel (primary or secondary melting) including continuous casting With a capacity of 2.5 ton per hour (c) Installation for the processing of ferro metals: (i) Hot-rolling mills (ii) Smithers to with hammer (iii) Application of protective fused metal coats With a capacity of 20 tons of crude steel per hour With an energy of 50 kilojoul per hammer , where the calorific power used exceeds 100 20 MW With an input of 2 tons of crude steel per hour (d) Ferro-metal With a production capacity of foundr to 20 ton per day (e) Installation: (i) For the production of the non-ferro of crude metal from ore, concentrate or secondary raw materials by metallurgical, chemical or electrolytic processes (ii) For the smelting, including the alloying , of the non-ferro metals, including recovered products (refining, foundry casting, etc.)

With a melting capacity of 4 tons per day for lead and cadmi forum or 20 ton per day for all other metals (f) Installation for surface treatment of metals and plastic materials using an electrolytic or chemical process where the volume of the treatment equal to 30 m3 10 Watt employees 3. Mineral industry (a) Underground mining and related operations (b) Opencas a mining where the surface of the area being mined equals 25 hectars, 10 employees of the Installation for the production of : (i) cement clinker in the rotary kiln (ii) lime in rotary kiln (iii) cement clinker or lime in others With a production capacity of furnac of 500 ton per day With a production capacity exceeding 50 tons per day With a production capacity of 50 tons per day 10 employees (d) Installation for the production of asbestos and the manufacture of asbestos-based products 10 employees (e) Installation for the manufacture of glass , including glass fibre With a melting capacity of 20 ton per day (f) Installation for melting mineral substances, including the production of mineral fibres With a melting capacity of 20 ton per day (g) Installation for the manufacture of ceramic products by firing, in particular roofing til, brick, refractory brick, til, or porcelain stonewar With a production capacity of 75 tons per day , or with a kiln capacity of 4 m3 and with a setting density per kiln of 300 kg/m3 4. Chemical industry (a) Chemical installation for the production on an industrial scale of basic organic chemicals, such as: (i) simple hydrocarbon (linear or cyclic, saturated or unsaturated, aliphatic or aromatic) (ii) Oxygen-containing a hydrocarbon such as alcohol, ketone, carboxylic aldehyd, acid, esters of acetat, ether, peroxid, epoxy resin, (iii) Sulphuro (iv) of hydrocarbon-hydrocarbon Nitrogeno a such as amin, amid, pool in the compound, a Nitro compound or selects a compound, nitrile, cyanat, isocyanat (v)-containing Phosphor (vi) Halogenic hydrocarbon hydrocarbon (VII) Organometallic compounds (VIII) Basic plastic materials (polymers, synthetic fibres and cellulos-based fibres) (ix) Synthetic rubber (x) Dye and pigment (xi) surface – active agents and surfactant in 10 employees (b) Chemical installation for the production on an industrial scale of basic inorganic chemicals , such as: (i) Gas, such as hydrogen, ammonium chloride, chlorin or fluorin or hydrogen, carbon oxide fluorid, sulphur compounds, nitrogen oxide, hydrogen, sulphur, carbonyl chloride dioxid (ii) acids, such as chromic acid, hydrofluoric acid, phosphoric acid, nitric acid, hydrochloric acid, sulphuric acid, Olea, sulphuro of acid (iii) bases, such as ammonium, Museum of hydroxid potassi hydroxid, sodium hydroxid (iv) cold, such as ammonium chloride is of , chlorat, Museum of potassi potassi carbonate, sodium carbonate, perborat, silver selects (v) Non-metals, metal oxide or other inorganic compounds such as calc ium carbide, silicon, silicon carbide * 10 employees (c) Chemical installation for the production on an industrial scale of phosphoro-, nitrogen-or potassiumbased fertilizer (simple or compound fertilizer) 10 employees (d) Chemical installation for the production on an industrial scale of basic plant health products and of biocid of 10 employees (e) Installation using a chemical or biological process for the production on an industrial scale of basic pharmaceutical products 10 employees (f) Installation for the production on an industrial scale of explosives and pyrotechnic products 10 employees 5. Waste and waste-water management (a) Installation for the incineration, pyrolys, recovery, chemical treatment or landfilling of hazardous waste Receiving 10 ton per day 10 employees (b) Installation for the incineration of municipal waste With a capacity of 3 tons per hour (c) Installation for the disposal of non-hazardous waste With a capacity of the 50 ton per day (d) Landfill (landfill of waste excluding the iner) Receiving 10 tons per day or with a total capacity of 25.000 ton (e) Installation for the disposal or recycling of animal carcass and animal waste With a treatment capacity of 10 tons per day 10 employees (f) Municipal waste-water treatment plants With a capacity of 100.000 population equivalent (g) Independently operated industrial waste-water treatment plants which serve one or more activities of this annex With (a) the capacity of 10.000 m3 per day 6. Paper and wood production and processing (a) Industrial plants for the production of pulp from timber or similar materials to the fibro 10 employees (b) Industrial plants for the production of paper and board and other primary wood products (such as chipboard, fibreboard and plywood) With a production capacity of 20 tons per day (c) Industrial plants for the p reservation of wood and wood products with chemicals With a production capacity of 50 m3 per day 7. Intensive livestock production and aquaculture (a) Installation for the intensive rearing of poultry or pigs (i) 40.000 places for poultry With (ii) With 2.000 places for production pigs (over 30 kg) (iii) With 750 places for scope of 10 employees (b) intensive aquaculture 1.000 ton of fish and shellfish per year 10 employees 8. Animal and vegetable products from the food and beverage sector (a) With a carcass production of Slaughterhous capacity of 50 tons per day 10 employees (b) treatment and processing intended for the production of food and beverage products from: (i) Animal raw materials (other than milk) (ii) vegetable raw materials With a finished product production capacity of 75 tons per day With a finished product production capacity of 300 tons per day (average value on a quarterly basis) (c) treatment and processing of milk With a capacity to receive 200 tons of milk per day (average value on an annual basis) Other activities (9. a) plants for the pretreatmen (operations such as washing, bleaching, mercerization) or dyeing of fibres or textiles With a treatment capacity of 10 tons per day 10 employees (b) plants for the tanning of hides and skins With a treatment capacity of 12 tons of finished product per day 10 employees (c) Installation for the surface treatment of substances, objects or products using organic solvents, in particular for dressing, printing, coating, degreasing, waterproofing, sizing, painting, cleaning or impregnating With a consumption capacity of 150 kg per hour or 200 ton per year 10 employees (d) Installation for the production of carbon (hard-burnt coal) or electrographit by means of incineration or graphitization 10 employees (e)
Installation for the building of, and painting or removal of paint from ships With a capacity for ships 100 m long 10 employees Explanatory Notes: Column 1 contains the capacity thresholds referred to article 7, paragraph 1 (a). An asterisk (*) indicates the capacity of the threshold is applicable (all facilities are subject to reporting). Column 2 contains the employee threshold referred to in article 7, paragraph 1 (b). "10 employees" means the equivalent of 10 full-time employees.
Annex II Of The POLLUTANT.
The Threshold for the CAS number Pollutan releases (column 1) Threshold for off-site transfers of poll aunt (umn 2) kg/year manufacture, process or use threshold (column 3) kg/year to air (column 1a) kg/year to water (column 1b) kg/year to land (column 1 c) kg/year 1 74-82-8 Methan (CH4) 100 000-2 630-08-0 Carbon monoxid (CO) 3 500 000-124-38-9 Carbon dioxid (CO2) 100 million---4 hydro-fluorocarbon (HFC) 100-10024-97-5-2 in Pool oxide (N2O) 10 000-6 7664-41-7 Ammonium (NH3)
10 000-10 000 7 Non-volatil-methan-the organic compounds (NMVOCS) 100 000-8 Nitrogen oxide (NOx/NO2) 100 000-9 Perfluorocarbon (PFC) 100-2551-62-4-10 hexafluorid Sulphur (SF6) 50 11---Sulphur oxide (SOx/SO2) 150 000-12 Total nitrogen-50 000 50 000 10 000 10 000 13 Total phosphor-Hydrochlorofluorocarbon (HCFC) 5 000 5 000 10 000 10 000 14 1-100 10 000 15 Chlorofluorocarbon (CFC)-1-1-100 10 000 17 100 10 000 16 Halon-7440-38-2
Arsenic and compounds (as As) 20 5 5 50 50 18 7440-43-9 and compounds of Cadmi (as Cd) 7440-47-3 10 5 5 5 5 19 chromium and compounds (as Cr) 100 50 50 200 10 000 20 7440-50-8 Copper and c ompound (as Cu) 100 50 50 500 10 000 21 7439-97-6 Mercury and compounds (as Hg) 7440-02-0 10 1 1 5 5 22 Nickel and compounds (as Ni) 50 20 20 500 10 000 23 7439-92-1 Lead and compounds (as Pb) 200 20 20 50 50 24 7440-66-6 Zinc and compounds (as Zn) 200 100 100 1 000 10 000 25 15972-60-8 Alachlor-Aldrin 309-00-2 1 1 5 10 000 26 1 1 1 1 1 27 1912-24-9-1 1 5 10 000 28 Atrazin 57-74-9-50-1 1 1 1 1 29 of 143 Chlordan 0 Chlordecon 1 1 1 1 1 30-470-90-6 Chlorfenvinpho of 85535-84-8 1 1 1 5 10 000 31 Chlor-alkan's C10-C13-1 1 10 10 000 32, 2921-88-Chlorpyrifo-2 1 1 5 10 000 33 50-29-3 1 1 1 1 1 34 DDT 107-06-2 1.2-dichloroethan (EDC) 1 000 10 10 100 10 000 35 75-09-2 Dichloromethan (DCM) Dieldrin 60-57-1 000 10 10 100 10 000 36 1 1 1 1 1 1 37 330-54-1-1 1 5 10 000 38 Diuron 115-29-7-72-1 1 5 10 000 39 Endosulphan 20-8 1 1 1 1 1 40 Halogenated organic Endrin compounds (as AOX)-1 000 1 000 1 000 10 000 41 76-44-8 118-74-1 1 1 1 1 1 42 Heptachlor Hexachloroben zen (HCB) 10 1 1 1 5 43 87-68-3 (HCBD) 1 1 5 10 000 44 Hexachlorobutadien-608-73-1 1, 2, 3, 4, 5, 6-hexachlor (HCH) cyclohexan 10 1 1 1 10 45-58-89-9-2385-85-Lindan 1 1 1 1 1 46 5 1 1 1 1 1 47 PCDD + PCDF Mirex (furan dioxin +) (as Teq) 0.000 0.000 0.000 0.000 0.000 48 608-93-5 Pentachloroben zen»
1 1 1 5 50 49 87-86-5 Pentachlorophenol (PCP) 10 1 1 5 10 000 50 1336-36-3 Polychlorinated biphenyl (PCB) 0.1 0.1 0.1 1 50 51 122-34-9-1 1 5 10 000 52 127-18 Simazin-4 Tetrachloroethylen (PER) 2000-1 000 10 000 53 56-23-5 Tetrachloromethan (TCM)-100-1 000 10 000 54 12002-48-1 Trichlorobenzen (TCB) 10-1 000 10 000 55 71-55-6 1,1,1-the 100-by-ethan trichlor 1 000 10 000 56 79-34-5-1, 1, 2, tetrachloroethan-2-50-1 000 10 000 57
79-01-6 Trichloroethylen 2 000-1 000 10 000 58 67-66-3-500-1 000 10 000 59 Trichloromethan-8001-35-2-1 1 1 1 1 60 Toxaphen 75-01-4 Vinyl chloride is 1 000 10 10 100 10 000 61 120-12-7 Anthracen-50 1 1 50 50 62 71-43-2-1 000 200 (as BTEX) Benzen (a)/200 (as BTEX) a/2 000 (as BTEX) a/10 000 63 (PBDE) Brominated diphenylether-1 1 5 10 000 64 ethoxylat Nonylphenol (NP/NP) and related substances-
1 1 5 10 000 65 100-41-4 Ethyl benzen 200 (as BTEX)-a/200 (as BTEX) a/2 000 (as BTEX) a/10 000 66 75-21-8 a 1 000 10 10 100 10 000 67 Ethylen oxide 34123-59-6-91-1 1 5 10 000 68 20 Isoproturon-Naphthalen-100 10 10 100 10 000 69 Organotin compound 3 (as total Sn)-50 50 50 10 000 70 117-81-7 Di-(2-ethyl hexyl) phthalat (DEHP) 10 1 1 100 10 000 71 108-95-2 (Phenol as total Polycyclic aromatic hydrocarbon C-20 20 200 10 000 72) (PAHS) b/50 5 5 50 50 73 108-88-3 Toluen-200 (as BTEX) a/a/200 (as BTEX) 2 000 (as BTEX) a/10 000 74 Tributyltin and Triphenyltin and compounds-compound-1 1 5 10 000 75 1 1 5 10 000 76 Total organic carbon (TOC) (as total C or COD/3)-50 000--** 77 1582-09-8-1330-20 1 1 5 10 000 78 Trifluralin-7-200 (Xylen as BTEX) a/a/200 (as BTEX) 2 000 (as BTEX) a/10 000 79 Chloride (as tot al Cl)-2 million 2 million 2 million 000c 10/80 Chlorin and inorganic compounds (as HCl) 10 000 10 000 81 1332-21-4 asbestos-1 1 1 10 10 000 82 Cyanid (as total CN)-50 50 500 10 000 83 Fluorid (as total F)-2 000 2 000 10 000 10 000c/84 Fluorin and inorganic compounds (as HF) 5 000---
10 000 85 74-90-8 Hydrogen cyanid (HCN) 200-10 000 86 Particulate matter (P M10) of 50 000---* Explanatory Notes: the CAS number of the to mean the pollutan precise identifier in Chemical Abstracts Service. Column 1 contains the thresholds referred to in article 7, paragraph 1 (a) (i) and (iv). If the threshold in a given sub-columns (air, water or land) is exceeded, reporting of releases or, for pollutant in waste water destined for waste-water treatment, transfers to the environmental medium referred to in that sub-columns is required with respect to the facility in question, for those parties which have opted for a system of reporting to their article 7 pursuan, paragraph 1 (a). Column 2 contains the thresholds referred to in article 7, paragraph 1 (a) (ii). If the threshold in this column is exceeded for a given pollutan, reporting of the off-site transfer of that is required with respect to pollutan to the facility in question, for those parties which have opted for a system of reporting to their article 7 pursuan, paragraph 1 (a) (ii). Column 3 contains the thresholds referred to in article 7, paragraph (1) (b). If the threshold in this column is exceeded for a given pollutan, reporting of the releases and off-site transfers of that is required with respect to pollutan to the facility in question, for those parties which have opted for a system of reporting to their article 7 pursuan, paragraph 1 (b). A hyphen (-) indicates that of the parameters in question does not trigger a reporting requirement. An asterisk (*) indicates that, for this of pollutan, the release threshold in column (1) (a) is to be used rather than a manufacture, process or use threshold. A double asterisk (**) indicates that, for this of pollutan, the release threshold in column (1) (b) is to be used rather than a manufacture, process or use threshold.
Remarks: a/single with pollutant to be reported if the threshold for BTEX (the sum parameter of benzen, toluen, ethyl benzen, xylen) is exceeded. Polycyclic aromatic hydrocarbon (b)/(PAH) with to be measured as benzo (a) pyren (50-32-8), benzo (b) fluoranthen (205-99-2), benzo (k) fluoranthen (207-08-9), indeno (1,2,3-cd) pyren (193-39-5) (derived from the Protocol on Persistent Organic Pollutant to the Convention on Long-range Transboundary Air Pollution). c/As inorganic compounds.
Annex III part A DISPOSAL operations ('d ')-deposit into or onto land (e.g. landfill)-Land treatment (e.g. biodegradation of liquid or sludgy discard in soil)-Deep injection (e.g. injection of pumpabl-discard into wells, salt domes or naturally occurring repositor)-surface impoundmen (e.g. placement of liquid or discard of sludg into Pete, pond or lagoon)-Specially engineered landfill (e.g. placement into lined discrete cells which are capped and isolated from one another and the environment)-release into a water body except the seas/oceans-release into seas/oceans including sea-bed insertion – Biological treatment not specified in this annex elsewher which results in final compounds or of which the mixtur discarded by means of any of the operations specified in this part-Physics-chemical treatment not specified in this annex elsewher which results in final compounds or of which the mixtur discarded by means of any of the operations specified in this part (e.g. evaporation drying, calcination, not utralization, precipitation) Incineration on land Incineration-at-sea-permanent storage (e.g. emplacemen of containers in a mine)-Blending or mixing prior to submission to any of the operations specified in this part-Repackaging prior to submission to any of the operations specified in this part-storage pending any of the operations specified in this part of the (B) RECOVERY operations (' R ')-use as a fuel (other than in direct incineration) or other means to generate energy-solvent reclamation/regeneration- Recycling/reclamation of organic substances which are not used as solvents-Recycling/reclamation of metals and metal compounds-Recycling/reclamation of other inorganic materials-Regeneration of acids or bases Recovery of components used for-pollution abatemen-Recovery of components from catalyst-Used oil-refining or others Reuss of previously used oil-Land treatment resulting in benefit to agriculture or ecological improvement of residual materials (s) obtained from any of the recovery operations specified above in this part-exchange of waste for submission to any of the recovery operations specified above in this Accumulation of material intended for-for any operations specified in this part Annex IV ARBITRATION 1. In the event of a dispute being submitted for arbitration pursuan to article 23, paragraph 2, of this Protocol, a party or parties shall notify the other party or parties to the dispute by diplomatic means as well as the Secretariat of the subject matter of arbitration and, in particular, indicates the articles of this Protocol whose interpretation or application is at issue. The Secretariat shall forward the information received to all parties to this Protocol. 2. The tribunal shall CAs consis of three members. Both the party or parties claiman and the other party or parties to the dispute, the arbitrator shall be an appoin and the arbitrator so appointed shall two designat by common agreement the third arbitrator, who shall be the President of the CAs tribunal. The latter shall not be a national of one of the parties to the dispute, nor have his or her usual place of residence in the territory of one of these parties, nor be employed by any of them, nor have to deal with the case in any other capacity. 3. If the President of the tribunal has not been designated CAs within two months of the appointment of the second arbitrator, the Executive Secretary of the Economic Commission for Europe shall, at the request of either party to the dispute, designat the President within a further two-month period. 4. If one of the parties to the dispute does not an appoin arbitrator within two months of the notification referred to in paragraph 1, the other party may so inform the Executive Secretary of the Economic Commission for Europe, who shall designat the President of the CAs tribunal within a further two-month period. Upon designation, the President of the CAs tribunal shall request the party which has not appointed an arbitrator to do so within two months. If it files to do so within that period, the President shall so inform the Executive Secretary of the Economic Commission for Europe, who shall make this appointment within a further two-month period. 5. The tribunal shall render its decision CAs in accordanc with international law and the provision of this Protocol. 6. Any tribunal constituted under the CAs provision set out in this annex shall draw up its own rules of procedure. 7. The decision of the CAs tribunal, both on procedure and on substance, shall be taken by majority vote of its members. 8. The tribunal may take all appropriate measure to establish the facts. 9. The parties to the dispute shall facilitat the work of the tribunal and, in particular, the CAs using all means at their disposal, shall: (a) provide it with all relevant documents, facilities and information; (b) enable it, where not, to call witness cessary or experts and receive their evidence. 10. The parties and the arbitrator shall protect the confidentiality of any information the that they receive in confidence during the proceedings of the CAs tribunal. 11. The CAs tribunal may, at the request of one of the parties, recommend interim measure of protection. 12. If one of the parties to the dispute does not appear before the tribunal or CAs file to defend its case, the other party may request the tribunal to continue the proceedings and to render its final decision. Absence of a party or failure of a party to defend its case shall not constitut a bar to the proceedings. Before rendering its final decision, the CAs tribunal must satisfy itself that the claim is well founded in fact and law. 13. The CAs tribunal may hear a counterclaim arising directly to determin the and out of the subject matter of the dispute. 14. Unless the tribunal otherwise determin the CAs because of the particular of the case of circumstanc, the expense of the tribunal, including the remuneration of its members, shall be borne by the parties to the dispute in equal shares. The tribunal shall keep a record of all its expense, and shall furnish a final statement thereof to the parties. 15. Any Party to this Protocol which has an interest of a legal nature in the subject matter of the dispute, and which may be affected by a decision in the case, may interven in the proceedings with the consent of the tribunal. 16. The CAs tribunal shall render its award within five months of the date on which it is established, unless it finds it does not extend the cessary to time limit for a period which should not five months exceeds 100. 17. The award of the CAs tribunal shall be accompanied by a statement of reasons. It shall be final and binding upon all parties to the dispute. The award will be transmitted by the CAs tribunal to the parties to the dispute and to the Secretariat. The secretariat will forward the information received to all parties to this Protocol. 18. Any dispute which may «arise between the parties concerning the interpretation or execution of the award may be submitted by either party to the CAs tribunal which made the award or, if the latter cannot be seized thereof, to another tribunal constituted for this purpose in the same manner as the first.

The Protocol on pollutant release and transfer registers the parties to this Protocol, referring to the 1998 Convention on access to information, public participation in decision-making and access to justice in environmental matters (the Aarhus Convention), article 5, paragraph 9, and article 10, paragraph 2, recognizing that pollutant release and transfer registers provide an important mechanism to increase the collective responsibility, reduce pollution and promote sustainable development as mentioned in the Declaration of Luke that the Aarhus Convention was adopted at the first meeting of the parties, taking into account the 1992 Rio Declaration on environment and development 10, taking also into account the principles and commitments agreed in the 1992 United Nations Conference on environment and development, and in particular Agenda 21 19 provisions of chapter, subject to the further implementation of Agenda 21 programme, adopted by the United Nations General Assembly at its nineteenth special session in 1997. , in which it requested, inter alia, to raise public powers and the ability to collect, process and disseminate information, to encourage by appropriate means information on global environmental issues available to the public, having regard to the 2002 World Summit on sustainable development plan of implementation to promote coherent and integrated information on chemicals, such as the development of national pollutant release and transfer registers, in view of the intergovernmental forum on chemical safety especially Bahij 2000 Declaration on chemical safety, and the action plan by the year 2000 (Action Beyond 2000) priorities and pollutant release and transfer register/emission inventory action plan taking also account of the activities undertaken in accordance with the inter-organizational programme for the sound management of chemicals, taking into account, moreover, of the Organisation for economic cooperation and development, in particular its Council recommendation on pollutant release and transfer register introduction , in which the Council calls on Member States to implement and make publicly available national pollutant release and transfer registers, desiring to provide a mechanism that encourages each current or next generations of people the right to live in an environment that corresponds to the person's health and well-being by providing a public environmental information system development, wishing to ensure that the development of such a system is taken into account the principles of sustainable development, such as the 1992 Rio Declaration on environment and development set forth in principle 15 of the cautious approach Recognizing the link between adequate environmental information systems and the rights contained in the Aarhus Convention, noting the need to cooperate with other international initiatives concerning pollutants and waste, including the 2001 Stockholm Convention on persistent organic pollutants and the 1989 Basel Convention on the control of transboundary movements of hazardous wastes and their disposal, recognizing that an integrated approach to reduce the industrial installations and other sources as a result of pollution and waste to a minimum to achieve a high level of protection of the environment, to move towards a sustainable and environmentally sound development and protect present and future generations of health, making sure on pollutant release and transfer registry value as a cost-effective tool for promoting environmental efficiency improvement, to ensure the availability to the public of information on pollutant release and transfer devices in populated areas and through them and use them to Government trends, reported progress in pollution reduction , monitor compliance with certain international agreements, to set priorities and measure progress achieved through environmental policies and programmes, believing that pollutant release and transfer registers to improve the management of pollutants can bring tangible benefits to industry, "said the ability to use data from pollutant release and transfer registers in connection with health, environmental, demographic, economic, or other related information, to get a better understanding of the potential problem, identify the "hot spots", carry out the preventive and mitigating measures and specific environmental management priorities, recognizing an identified or identifiable natural person the importance of privacy protection, processing of information, which provides an overview of the pollutant release and transfer registers, in accordance with applicable international standards in relation to data protection, recognizing also the internationally compatible national pollutant release and transfer register system development importance in order to increase the comparability of the data, noting that many of the United Nations Economic Commission for Europe, the Member States of the European Community and the North American free trade agreement the parties working to collect data on pollutant release and transfer from various sources and to make these data available to the public, and particularly in this sector by recognising specific national long and valuable experience in the light of current emissions register different approaches and the need to avoid duplication and therefore recognizing that need some flexibility by requiring the national pollutant release and transfer register in advanced development by requiring the links between national pollutant release and transfer registers and information systems for other emissions of concern in society, have agreed as follows. Article 1 objective the objective of the present Protocol is to increase the information available to the public by introducing a harmonised, integrated national pollutant release and transfer registers (PRTR) in accordance with the provisions of this Protocol, which could facilitate public participation in decision-making in environmental matters, as well as promote environmental pollution prevention and reduction. Article 2 definitions for the purposes of this Protocol: 1) "party" means, unless the text indicates, article 24 of that State or regional economic integration organization that has consented to this Protocol and for which the Protocol is in force. 2) "Convention" means the Convention on access to information, public participation in decision-making and access to justice in environmental matters, adopted in Aarhus, Denmark, 25 June 1998. 3) "the public" means one or more natural or legal persons and, in accordance with national legislation or practice, their associations, organisations or groups. 4) "facility" means one or more installations on the same territory or adjacent territories that belong to the same natural or legal person, and where it is leading. 5) "competent national authority" means the national authority or authorities or any other competent body or bodies designated by a party to manage a national pollutant release and transfer register sis theme. 6) "Polluting substance" means a substance or group of substances that may be harmful to the environment or to human health on account of its properties and of its introduction into the environment. 7) "emission" means any introduction of pollutants into the environment of any human activity, whether deliberate or inadvertent, regular or irregular, including spilling, emissions, discharges, disposal or tipping the input, or through sewer systems without final waste-water treatment. 8) "off-site transfer" means the pollutants or waste movements outside the facility boundaries intended for disposal or recovery and of pollutants in waste water outside plants. 9) "Diffuse sources" means the many smaller or scattered sources from which pollutants may be released into the soil, air or water, whose combined impact on those media may be significant and for which it is impractical to collect reports from each individual source. 10 the terms "national") and "national", in relation to the obligations of the parties to this Protocol, which is a regional economic integration organization, as applicable to the interpretation of the regions concerned, unless otherwise specified. 11) "waste" means substances or objects which are: (a) disposed of or recovered); b) destined for disposal or recovery or; (c)) must be disposed of or recovered in accordance with the provisions of national legislation. 12) ' hazardous waste ' means waste that State law defines as hazardous waste. 13) "Other waste" means waste that is not hazardous waste. 14) "waste water" means used water containing substances or objects that is governed by State law. Article 3 General provisions 1. Each Party shall take the necessary legislative, regulatory and other measures, as well as appropriate enforcement measures, to implement the provisions of this Protocol. 2. The provisions of this Protocol shall not affect the right of a party to maintain or introduce more or public access to pollutant release and transfer register than required by this Protocol. 3. Each Party shall take the necessary measures to require that employees of the facilities and companies that reported to the members of the national authorities that the facility violates national laws which implement this Protocol, the industrial complex or the national authorities do not punishment, murder me, troublesome that they reported this violation. 4. in implementing this Protocol, each Party shall be guided by the precautionary principle, as set out in the 1992 Rio Declaration on environment and development, principle 15. 5. in order to reduce the repeated reporting, pollutant release and transfer register systems may be integrated to the degree that is practicable with existing information sources such as reporting mechanisms under licences or authorisations in force. 6. the Parties shall strive to achieve convergence among national pollutant release and transfer registers. Article 4 pollutant release and transfer register in the key elements of the system in accordance with this Protocol, each Party shall implement and maintain a publicly available national pollutant release and transfer register that: (a)) specifies the facility with regard to reporting on point sources; (b)) provides an overview of diffuse sources; (c)) is a specific for pollutants or waste; (d)) is a media, respecting the differences between emissions to air, land and water; e) include information on transfer; f) is based on a minimum, periodic reports; g) includes standardized and timely data, a limited number of standardized reporting thresholds, as well as the limited provisions, if any, for confidentiality; (h)) is coherent and designed to be user-friendly and accessible to the public, including in electronic form; I) allows for public participation in its development and modification, and j) is a structured, computerized database or several common databases maintained by the competent authority. Article 5 Design and structure 1. Each Party shall ensure that the data contained in the register referred to in article 4, is presented with both an aggregated and non-aggregated, so that releases and transfers can be searched and identified according to: a) facility and its geographical location; (b)); (c) the owner or operator) and, according to the company; (d)), pollutant or waste; (e)) any of the agents that the contaminants have been entered, and (f)) as referred to in article 7, paragraph 5 of the transfer destination, and the relevant cases, the waste disposal or recovery operations. 2. Each Party shall also ensure that the data can be searched and identified according to those diffuse sources which have been included in the relevant register. 3. each Party shall design its register taking into account the possibility of further enlargement, and ensure that the public shall have access to the report data for at least the last ten years of reporting. 4. the register is intended to maximise the ease of public access through electronic means, such as the internet. The design allows that, under normal operating conditions, the information on the register is continuously and immediately available through electronic means. 5. Each Party shall indicate in its register to its relevant to this test current publicly available databases on issues related to the protection of the environment. 6. Each Party shall indicate in its register of sai to another protocol test party pollutant release and transfer registers and, where possible, to other countries. Article 6 registry volume 1. Each Party shall ensure that its register includes the information on: a) pollutant emissions to be reported in accordance with paragraph 2 of article 7; (b) transfer of out-of-area) to be reported under article 7, paragraph 2 (c)) and emissions of pollutants from diffuse sources for which must be reported in accordance with paragraph 4 of article 7. 2. Once you have accessed the experience gained from the national pollutant release and transfer register creation and implementation of this Protocol, and taking into account relevant international processes, the meeting of the Parties shall review the reporting requirements under this Protocol and its future development in the following issues: (a) activities referred to in annex I) for review; b) mentioned in annex II pollutants review; (c)) referred to in annex I and II revision of the threshold; and (d)) other relevant aspects, such as the inclusion of information on the transfer of territory, storage, reporting requirements for diffuse sources or clarification of the criteria to include in this Protocol, those contaminants. Article 7 reporting requirements 1. each Party shall either: (a)) requires, in accordance with its competence in each individual facility owner or operator that performs one or more of the activities listed in annex I above the column 1 of annex I, referred to in the applicable capacity threshold and: (i) any of the removed. In annex II pollutants at a level above the column 1 of annex II to the above the applicable threshold; II. transfer outside the territories referred to in annex II of any contaminants exceeding the column 2 of annex II as referred to in the applicable threshold, if a party has chosen to give an overview about pollutants in accordance with paragraph 5 (d)); III. transfer of hazardous waste are carried out outside the territory, exceeding 2 tons per year or other waste transfer outside the area of 2 000 tonnes per year, if the party has chosen to give an overview of waste in accordance with paragraph 5 (d)), or (iv). any annex II pollutants transferred off-site in the effluent for treatment, and in volume terms exceed the column 1b of annex II as referred to in the applicable threshold. assume that the owner or operator of the obligation in accordance with paragraph 2, or (b)) requires that, in accordance with its competence in each individual facility owner or operator that performs one or more of the activities listed in annex I, under or above in column 2 of annex I to the said employee threshold and is produced, processed or used any of the annex II of the polluting substances referred to in annex II in quantities exceeding the applicable referred to in column 3 threshold , to take on the owner or operator concerned obligation in accordance with paragraph 2; 2. Each Party shall require that referred to in paragraph 1, the facility owner or operator submitting 5 and 6 the information referred to in paragraph 1 in accordance with the requirements set out in these points on the pollutants and wastes for which thresholds are exceeded. 3. to achieve the objectives of this Protocol, a party may decide with respect to a particular pollutant to apply the emissions threshold or a manufacture, process or use threshold, provided that this increases the relevant information on the register or transfer emissions available. 4. Each Party shall ensure that its competent authority collects, or shall nominate one or more public authorities or competent bodies to collect information on 7 and 8 of this pollutant emissions from diffuse sources to be included in the register of parties. 5. Each Party shall require the owners or the facility operators that are to report in accordance with paragraph 2, fill out and submit to the relevant competent authority the following information about the facility: a) the name, street address, geographical location and the facility or activity, as well as the name of the owner or operator, the name of the company; b) contaminants, each of which must be reported in accordance with paragraph 2, the name and numerical identifier; c) each amount of pollutants to be reported in accordance with paragraph 2, which eliminated from the facility in the reporting year, indicating overall and that emissions in the air, water or land, including the administration of the land; d) either: i. each of its pollutants the volume must be reported pursuant to paragraph 2 transferred off-site in the reporting year, distinguishing between the amounts transferred for disposal or recovery facility as well as the name and address of the receiving the transfer; or (ii). the waste, which must be reported in accordance with paragraph 2 transferred off-site in the reporting year, distinguishing between hazardous waste and other waste, any recovery or disposal operations, indicating respectively with ' R ' (recovery) or "D" (disposal), or waste is destined for recovery or disposal in accordance with annex III, and in between the cross-border movement of hazardous waste-waste reģenerētāj or apglabātāj name and address as well as the actual recovery or disposal site; (e) the amount of any it) pollutant effluent that must be reported in accordance with paragraph 2 transferred off-site in the reporting year, and f), the methodology used to obtain the c) to (e)) the information referred to in article 9, in accordance with paragraph 2, indicating whether the information is based on measurement, calculation or estimation. 6. the information referred to in point 5 c) to (e)), includes information on emissions and transfers that arise from everyday activities and exceptional cases. 7. Each Party shall, in its register, in accordance with the spatial disaggregation in the presentation of information on emissions of pollutants from diffuse sources for which that Party determines that data are collected by the national authorities concerned and that their practice can include. If the Party determines that no such data exist, it shall take measures to initiate reporting on the pollutant emissions from one or more diffuse sources in accordance with their national priorities. 8. the information referred to in paragraph 7 shall include information on the type of methodology is applied to the information. Article 8 reporting cycle 1. Each Party shall ensure that the information to be incorporated in its register is publicly available, collected and presented on the register of the calendar year. The reporting year is the calendar year to which the information relates. Each party the first reference year is the calendar year after the Protocol for that party. Reporting required under article 7, is an annual. However, the second reporting year may be the second calendar year following the first reporting year. 2. Each party that is not a regional economic integration organization shall ensure that the information is incorporated into its register within fifteen months from the end of each reporting year. However, the information for the first reporting year is incorporated into its register within two years from the end of the reporting year. 3. Each party that is a regional economic integration organization shall ensure that information on the reporting year are incorporated in the register six months after the parties that are not regional economic integration organizations are required to incorporate this information. Article 9 data collection and record keeping 1. Each Party shall require the owners or facility operators to provide the report in accordance with the requirements of paragraph 7, to collect data necessary for, in accordance with paragraph 2 below and often enough down the facility and transfer outside the area subject to reporting under article 7 and to keep available for the competent national authorities data record from which the information provided in the report for a period of five years starting from the end of the reporting year. Those records also show the methodology used in compiling the data. 2. each Party shall require the owners or facility operator, which must provide the report in accordance with article 7, the use of the best available information, which may include monitoring data, emission factors, mass balance equations, indirect monitoring or other calculations, engineering studies and other methods. This should be done in accordance with internationally approved methodologies. Article 10 quality assessment 1. Each Party shall require the owners or facility operators to provide the report in accordance with paragraph 1 of article 7, to ensure the quality of the information provided. 2. Each Party shall ensure that the data contained in its register are subject to quality assessment by the competent national authority in particular concerning the completeness, consistency and credibility, taking into account the guidelines the meeting of the parties may develop. Article 11 public access to information 1. Each Party shall ensure public access to information, contained in its pollutant release and transfer register to state interest, and in accordance with the provisions of this Protocol, primarily by ensuring that the register provides for direct electronic access through public telecommunications networks. 2. where the information contained in its register is not easily available to the public through a direct electronic means, each Party shall ensure that its competent authority upon request provides that information through any other effective means, as soon as possible and no later than one month after the submission of the request. 3. in accordance with paragraph 4, each Party shall ensure that access to information contained in its register is free of charge. 4. Each Party may allow its competent national authority to determine fees for referred to in paragraph 2, the specific reproduction and transmission of the information, but such charge may not be unreasonably large. 5. where the information contained in its register is not easily publicly accessible by direct electronic means, each Party shall facilitate electronic access to its register in publicly accessible locations, for example, in public libraries, offices of local authorities or other appropriate places. Article 12 confidentiality 1. Each Party may authorize the competent authority to keep information confidential if disclosure of that information would adversely affect: a) international relations, national defence or public security; (b)), the person's right to a fair trial or the ability of national authorities to manage the investigation or disciplinary proceedings in criminal matters; (c) commercial or industrial secret), where such confidentiality is provided for law to protect a legitimate economic interest; (d) intellectual property rights) or e) the confidentiality of personal data and/or files relating to a natural person where that person has not consented to the fact that such information is disclosed to the public, and where such confidentiality is provided for by the legislation concerned. The aforementioned grounds for confidentiality shall be interpreted in the light of the limited public interest in disclosure and whether the information relates to emissions into the environment. 2. Any information relating to emissions, relating to environmental protection, in relation to paragraph 1 (c)) shall consider, in accordance with national legislation. 3. Whenever information is kept confidential according to paragraph 1, the register specifies what type of information will not be disclosed, for example, providing generic chemical information if possible, as well as, for some reason, the information is not disclosed. Article 13 public participation in national pollutant release and transfer registers of the each party in accordance with its national law, provide the appropriate opportunities for public participation in the national pollutant release and transfer register. 2. Each Party shall, for the purposes of the application of paragraph 1 provides information on the proposed measures in relation to the national pollutant release and transfer registers development free public access and the opportunity to submit any comments, information, analyses or opinions related to the decision making process, and the relevant authority shall duly take note of this information. 3. when a decision to establish or significantly change its register, each Party shall ensure that information on the decision and the considerations on which it is based are made publicly available in a timely manner. Article 14 access to justice 1. each Party shall, in accordance with national legislation, ensure that any person who considers that his request for information under article 11, paragraph 2, has been ignored, partly or wholly unreasonably refused, inadequately answered or otherwise not dealt with in accordance with the provisions of that paragraph, for the purposes of review to go to court or another independent and impartial body established by law. 2. paragraph 1 of this article shall not affect the requirements of the respective rights and obligations of the parties in accordance with the current contracts, which they and the subject of this article. Article 15 capacity building 1. Each Party shall promote public awareness of its pollutant release and transfer register, and provides support and advice on the availability of the information contained in the registry, understanding and use. 2. Each party should provide adequate institutions and organizations responsible for capacity building, as well as provide tips to help them perform their duties in accordance with this Protocol. Article 16 international cooperation 1. the Parties shall cooperate and assist each other: (a)), the international activities in support of the objectives of this Protocol; (b) on the basis of mutual agreement) between the parties to this Protocol, to introduce a national system; c) sharing of information under this Protocol on releases and transfers of the border areas and d) the sharing of information in accordance with this Protocol in respect of the transfer between the parties. 2. the Parties shall encourage mutual cooperation and, where appropriate, with relevant international organisations, in order to contribute to: (a)) public awareness at the international level; b) c) technology transfer and the provision of technical assistance to parties that are developing countries and parties whose economies are in transition, in matters relating to this Protocol. Article 17 meeting of the parties 1. There is hereby established the meeting of the parties. Its first session shall be convened no later than two years after the entry into force of this Protocol. Following the current session of the meeting of the parties takes place after or simultaneously with another of the parties to the Convention meetings, unless the parties decide otherwise. The meeting of the parties organized in extraordinary session if it is decided in the course of the current session or at the written request of any party, provided that, within six months after the Executive Secretary of the Economic Commission for Europe the request by all parties, it has supported at least one third of the parties. 2. The meeting of the Parties shall keep under review the implementation and development of this Protocol on the basis of the parties ' reports provided regularly, and to this end: (a)) pollutant release and transfer registers and promote their progressive strengthening and convergence; (b)) establish guidelines facilitating reporting by the parties, recalling the need to avoid duplication of activities in this regard; (c) work programme); d) shall consider and, where appropriate, adopt measures to strengthen international cooperation in accordance with article 16; (e) establish any subsidiary bodies) which it considers necessary; (f)) in accordance with the provisions of article 20, consider and adopt proposals for such amendments to this Protocol and its annexes as are considered necessary for the purposes of the application of this Protocol; g) first session, consider and by consensus adopt rules of the session and its subsidiary bodies, taking into account any rules of procedure adopted by the meeting of the parties to the Convention; h) considering financial conditions a unanimous determination, as well as technical assistance mechanisms to facilitate the implementation of this Protocol; I asked where appropriate) other international organizations related to the services, in order to achieve the objectives of this Protocol, and j) examine and make any additional steps that may be necessary to promote the objectives of this Protocol, such as the adoption of guidelines and recommendations which promote its implementation. 3. The meeting of the Parties shall encourage exchanges of information on experience gained from reporting on transfer from the contaminants and waste targeted approaches, and shall review this experience in order to investigate the possibility of convergence between the two approaches, taking into account the public interest in information in accordance with article 1 and the overall national pollutant release and transfer register. 4. the United Nations, its specialized agencies and the International Atomic Energy Agency, as well as any State or regional economic integration organization shall, in accordance with article 24, is eligible to sign this Protocol but which is not party to this Protocol, as well as any intergovernmental organization which is competent in the fields covered by this Protocol have the right to participate as observers in meetings of the parties. The admission and participation is subject to the rules of procedure adopted by the meeting of the parties. 5. Any non-governmental organization which is competent in the fields covered by this Protocol and which has informed the Executive Secretary of the Economic Commission for Europe of its wish to be represented at the meetings of the Parties shall be entitled to participate as an observer, if objection at least one third of the Parties present. The admission and participation is subject to the rules of procedure adopted by the meeting of the parties. Article 18 right to vote 1. Except as provided for in paragraph 2, each party to this Protocol shall have one vote. 2. Voting on matters within their competence, the regional economic integration organization, the number of votes corresponding to the Member States of these organisations-of-parties to this Protocol. Such organisations do not vote if their Member States exercise theirs and vice versa. Article 19 Annexes annexes to this Protocol shall form an integral part thereof and, unless expressly provided otherwise, a reference to this Protocol constitutes at the same time a reference to any annexes thereto. Article 20 amendments 1. Any party may propose amendments to this Protocol. 2. proposals for amendments to this Protocol shall examine the meetings of the parties. 3. Any proposal for amendments to this Protocol shall be submitted in writing to the Secretariat at least six months before the meeting at which it is proposed to accept this amendment, shall so inform all parties, other States and regional economic integration organizations which have accepted the obligations of the Protocol and for which the Protocol has not yet entered into force and to signatories. 4. the Parties shall make every effort to reach agreement by consensus on any proposed amendment to this Protocol. If all efforts to find consensus, there have been unsuccessful and no agreement is reached, then the final decision on the amendment can be accepted, if "on" three quarters of the vote at the meeting of the Parties present and voting. 5. for the purposes of the application of this article, "Parties present and voting" means Parties present at the meeting and vote "for" or "against". 6. Any amendment to this Protocol adopted in accordance with paragraph 4, the Secretariat shall notify the depositary, which shall communicate them to all parties, to other States and regional economic integration organizations which have accepted the obligations of the Protocol, as well as the signatories to the Protocol. Amendment 7 Annex, which is not the amendment shall enter into force for those parties which have ratified, accepted or approved it on the ninetieth day after the depositary has received instruments of ratification, acceptance or approval, abetted by at least three quarters of the parties that were parties at the time of the adoption of the amendment. After the 90th day of the amendment shall enter into force for any other party after party passes the amendment ratification, acceptance and approval. 8. If an amendment is made in the annex, a party may not accept such an amendment, it shall notify the depositary in writing of dsmi divp months after the depositary has received the notification of acceptance of the amendment. The depositary shall without delay notify all parties of any such notification received. A party may at any time cancel a previous notification of non-acceptance, and then with respect to that party shall bring into force the amendments to this annex. 9. Twelve months after the depositary in accordance with paragraph 6 of amendment of the annex, the Parties sent the amendment shall enter into force for those parties which have not submitted to the depositary a notification in accordance with paragraph 8, provided that such notification is made not more than one third of the parties, the parties that were parties at the time of the adoption of the amendment. 10. If the amendment of the annex is directly related to an amendment to this Protocol, it shall not enter into force until such time as the entry into force of this Protocol. Article 21 secretariat the Executive Secretary of the Economic Commission for Europe concerning the Protocol fulfils the following secretariat functions: (a) convene and prepare) the meeting of the parties; (b)) transfer to the parties of reports and other information received in accordance with the provisions of this Protocol; (c) the meeting of the parties) reported on the activities of the Secretariat; and (d)) other functions as may be determined by the meeting of the parties on the basis of available resources. Article 22 review of compliance in the first session of the meeting of the Parties shall by consensus establish cooperative procedures and consultative nature of the institutional arrangements that are not associated with judicial authorities, to assess and promote compliance with the provisions of this Protocol and consider cases that do not meet them. Implementing these procedures and arrangements, the meeting of the Parties shall consider, among other things, allow to receive information from members of the public with regard to matters relating to this Protocol. Article 23 settlement of disputes 1. If two or more parties a dispute arises concerning the interpretation or application of this Protocol, the parties concerned shall endeavour to settle it by negotiation or by any other peaceful means of settlement of the dispute, which they recognize as acceptable. 2. When signing, ratifying, accepting, approving or acceding to this Protocol, or at any time thereafter, a State may declare in writing to the depositary that, in respect of a dispute which is not settled in accordance with paragraph 1, in its relations with any party that undertakes the same be declared binding on one or both of the following means of dispute settlement: (a) examination of the dispute) the International Court of Justice; b) settlement of disputes by arbitration in accordance with the procedure laid down in annex IV. A regional economic integration organization may to draw up the Declaration with like effect in relation to arbitration in accordance with (b) the procedures referred to in subparagraph). 3. in cases where the parties involved have acknowledged both referred to in paragraph 2, the settlement of the dispute, the dispute can only be settled at the International Court of Justice, unless the parties agree otherwise. Article 24 signature this Protocol shall be open for signature at Kiev (Ukraine) from 2003 to May 21 to 23, the fifth Ministerial Conference "environment for Europe", and then the United Nations Headquarters in New York until 2003 December 31, 2004, all United Nations Member States and regional economic integration organizations that form the sovereign United Nations Member States and which the Member States have transferred powers to act on matters covered by this Protocol including the powers to enter into contracts relating to these issues. Article 25 depositary the depositary of this Protocol is the Secretary-General of the United Nations. Article 26 ratification, acceptance, approval and accession 1 this Protocol shall be subject to ratification, acceptance or approval referred to in article 24 of the signatory States and regional economic integration organizations. 2. From January 1, 2004 this Protocol shall be added to article 24 of the said countries and regional economic integration organizations. 3. any article 24 referred to a regional economic integration organization that becomes a party to this Protocol, even if not one of the Member States of that organisation is not a party to this Protocol, shall assume all obligations arising from the Protocol. In the case where one or more of the Organization's Member States is a party to this Protocol, the Organization and its Member States shall decide on the allocation of responsibilities, the performance of the obligations provided for in this Protocol. In such cases, the Organization and its Member States cannot at the same time exercise the rights arising from this Protocol. 4. Article 24 of this Protocol mentioned in the regional economic integration organisation in the relevant instruments of ratification, acceptance, approval or accession documents indicate, what are their powers in matters covered by this Protocol. These organizations shall also inform the depositary of any substantial changes in their mandate. Article 27 entry into force 1 This Protocol shall enter into force on the 90th day after the sixteenth instrument of ratification, acceptance, approval or accession of the transfer. 2. Paragraph 1 of this article, the purpose of the application of a regional economic integration organization does not add the document in addition to the documents of those cast by the members of the organization. 3. For each State or organization that this Protocol shall be subject to ratification, acceptance, approval or accession after the dsmit sešp instrument of ratification, acceptance, approval or accession of the transfer, this Protocol shall enter into force on the 90th day after that country or organization has delivered the instruments of ratification, acceptance, approval or accession. Article 28 reservations concerning this Protocol can not make any reservations. Article 29 withdrawal at any time after three years from the day on which the Party regards this Protocol came into force, that party may withdraw from the Protocol by giving written notification to the depositary. Any such withdrawal shall take effect on the 90th day after the depositary has received such notification. Article 30 authentic texts the original of this Protocol, of which the English, Russian and French texts are equally authentic, shall be deposited with the Secretary-General of the United Nations. In witness whereof, the undersigned Plenipotentiaries have signed this Protocol. In Kiev, two thousand twenty-third year of the first of May.
Annex I actions no action the power threshold (column 1) the employee threshold (column 2) 1 (a)) and the Energy Minerāleļl gas processing plant in 10 employees (b)) and the the liquefaction plants gasification * c) thermal power stations and other combustion installations with a heat input of 50 megawatts of power-(MW) d) coke ovens * e) coal-rolling mills with a capacity of 1 tonne per hour f) hard coal and smokeless fuels production facilities in production and processing of metals a) metal ore (including sulphur ore) roasting or sintering installations 10 employees b) cast iron or steel (primary or secondary fusion) including continuous casting with a capacity of 2.5 tonnes per hour-c) installations for the processing of ferrous metals: hot-rolling mills smitheries with hammers the metal sheeting of uzkausēšan with a capacity of 20 tonnes of crude steel per hour With energy consumption-50 kilodžoul (kJ) per hammer, where the calorific power used exceeds 20 MW With crude steel supply-2 tonnes per hour d) ferrous metal foundries with a production capacity of 20 tonnes per day-e) equipment : i) crude metals from ore, concentrates or secondary raw materials by metallurgical, chemical or electrolytic processes ii) ferrous metal smelting, including the alloyage, including recovered products (refining, foundry casting, etc.).
With a melting capacity of 4 tonnes per day for lead and cadmium or 20 tonnes per day for all other metals 10 employees f) installations for surface treatment of metals and plastic materials using an electrolytic or chemical process where the volume of the treatment vats equals 30 m3 3. Mineral industry a) mineral mining Earth and related activities 10 employees b) mineral extraction open-surface where extraction operations can be performed , the area is 25 hectares c) equipment for the production of cement clinker in Rotary: furnace lime in rotary kilns in the cement clinker or lime in other furnaces with a production capacity of 500 tons per day By-production capacity -50 tonnes per day with a production capacity of 50 tonnes per day d) installations for the production of asbestos and the manufacture of asbestos-based employees 10 e) equipment for the manufacture of glass including glass fibre with a melting capacity-20 tons a day f) installations for melting mineral fibres production, including with a melting capacity of 20 tonnes per day-g) installations for the manufacture of ceramic products by burning, in particular tiles, bricks, refractory bricks , tile, ceramic articles or porcelain products with a production capacity of 75 tonnes per day or in-oven capacity-4 m³ and with a pile density of furnace-300 kg/m3 4. chemical industry a) chemical installations for the production of basic organic chemicals, such as industrial scale: i) conventional hydrocarbons (linear or cyclic, saturated or unsaturated, aliphatic or aromatic); II) Oxygen-containing hydrocarbons such as alcohols, aldehydes, ketones, carboxylic acids, esters, acetates, ethers, peroxides, epoxy resins; III) sulphurous hydrocarbons; IV) Nitrogenous hydrocarbons such as amines, amides, nitro compounds or nitrate compounds, nitriles, cyanates, isocyanates; v) phosphorus-containing hydrocarbons; vi) halogenic hydrocarbons; VII) organometallic compounds; (VIII)) the main plastic materials (polymers, synthetic fibres and cellulose fibres); IX) synthetic rubber; x) dyes and pigments; XI) surface active agents 10 employees b) chemical installations for the production of basic inorganic chemicals, such as industrial scale: i) gas, such as ammonia, chlorine or hydrogen chloride, fluorine or hydrogen fluoride, carbon oxides, sulphur compounds, nitrogen oxides, hydrogen, sulphur dioxide, Carbonyl chloride; II) acids, such as chromic acid, hydrofluoric acid, phosphoric acid, nitric acid, hydrochloric acid, sulphuric acid, oleum, sērpaskāb; III) base, such as ammonium hydroxide, potassium hydroxide, sodium hydroxide; IV) salts, such as ammonium chloride, potassium chlorate, potassium carbonate, sodium carbonate, perborate, silver nitrate; v) non-metals, metal oxides or other inorganic compounds such as calcium carbide, Silicon, Silicon Carbide.
the 10 employees c) chemical installations for the phosphorus, nitrogen-or potassium-based fertilizers (simple or compound fertilizers) for industrial scale production of 10 employees d) chemical installations, plant protection products and biocides for the production on an industrial scale of basic Plant e) pharmaceutical production on an industrial scale using a chemical or biological process * f) chemical installations for the explosives and pyrotechnics for the production on an industrial scale 5. waste and wastewater management a) hazardous waste incineration , pyrolysis, recovery, chemical treatment or tipping the machine takes 10 tons a day for 10 employees b) municipal waste incineration plant capacity-3 tonnes per hour c) municipal waste disposal facility capacity-50 tonnes per day d) landfills (excluding landfills of inert waste) take 10 tonnes per day or with a total capacity of 25 000 tonnes of animal carcasses and e) animal waste disposal or recycling facilities processing capacity-10 tons day f) urban waste water treatment plants with a capacity of 100 000 people equivalent g-) workers in industrial waste water treatment plants which serve one or more activities of this annex with a capacity of 10 000 m3 per day 6. Paper and wood production and processing) industrial equipment (a) pulp from timber or similar fibrous materials (b) 10 employees) industrial plants for paper, cardboard and other primary wood products (such as chipboard, wood core plywood and blockboard) production with a production capacity of 20 tonnes per day (c)-) industrial plants for wood and wood products with chemicals for processing with a production capacity of 50 m3 day 7. Intensive livestock production and aquaculture a) installations for the intensive rearing of poultry or pigs to i) with 40 000 places for poultry ii) with 2000 places fattening pigs (over 30 kg) (iii)) with 750 places for sows 10 b) intensive aquaculture with fish or shellfish capacity-1 000 tonnes per year 8. The food and drink industry of animal and plant origin (a) slaughterhouses with a carcase production) capacity of 50 tonnes per day 10 employees b) treatment and processing for food and beverage products from: animal raw materials (other than milk) vegetable raw materials with a finished product production capacity of 75 tonnes per day With-final production capacity-300 tonnes per day (based on the quarter's average output volume) c) milk processing and recycling To obtain the quantity of milk-200 tonnes per day (based on annual average volume of milk processed) 9. Another activity (a)) primary materials of the equipment (for example washing, bleaching, mercerization) or the fiber or fabric painting with a processing capacity of 10 tonnes per day-10 employees) b skin and fur tanning plant With processing capacity-12 tonnes of finished products per day c) plant substances, materials or products for the surface treatment using organic solvents, in particular for dressing, printing, printing, coating, degreasing, coating with water repellent, painting, cleaning or impregnating, with a consumption-150 kg per hour or 200 tonnes per year (d)) equipment coal (hard coal) or elektrografīt with a burning and method of grafitizācij * e) equipment shipping construction and painting or removal of paint from ships with a capacity for ships 100 metres long notes: column 1 of the table in article 7 paragraph 1 point (a)) referred to the power threshold. An asterisk (*) indicates that none of the power threshold (all facilities are subject to reporting). In column 2 of the table contained in article 7 paragraph 1 point (b)) referred to the employee threshold. "10 employees" corresponds to 10 employees who work full time.

Annex II pollutants no CAS number pollutant emission threshold (column 1) pollutant transfer threshold outside the area (column 2) production, development or use threshold (column 3) air (column 1a) water (column 1b) land (column 1 c) kg/year kg/year kg/year kg/year kg/year 1 74-82-8 methane (CH4) 100 000-2 630-08-0 carbon monoxide (CO) 500 000-3 124-38-9 carbon dioxide (CO2) 100 million---4 hydrofluorocarbons (HFCs)-100-5 10024-97-2 nitrous oxide (N2O) 10 000-6 7664-41-7
Ammonia (NH3) 10 000-10 000 7 volatile organic compounds except methane (NMVOCS) 100 000-8 nitrogen oxides (NOx/NO2) 100 000-9 Perfluoroglekļ (PFCS) 100-2551-62-4 10 sulphur hexafluoride (SF6) 50 11---Sulphur oxides (SOx/SO2) 150 000-12-50 000 50 000 10 000 10 000 13 total nitrogen total phosphorus-5 000 5 000 10 000 10 000 14 Hidrohlorfluoroglekļ (HCFCS) 1-100 10 000 15 chlorofluorocarbons (CFC)-1-1-100 10 100 10 000 16 Halon 000 17 7440-38-2 arsenic and compounds (as As) 20 5 5 50 50 18 7440-43-9 cadmium and compounds (as Cd) 7440-47-3 10 5 5 5 5 19 chromium and compounds (as Cr) 100 50 50 200 10 000 20 7440-50-8 Copper and compounds (as Cu) 100 50 50 500 10 000 21 7439-97-6 mercury and compounds (as Hg) 7440-02-0 10 1 1 5 5 22 nickel and compounds (as Ni) 50 20 20 500 10 000 23 7439-92-1 lead and compounds (as Pb) 200 20 20 50 50 24 7440-66-6 zinc and compounds (as Zn) 200 100 100 1 000 10 000 25 15972-60-8 Alahlor-1 1 5 10 000 26 Aldrin 309-00-2 1 1 1 1 1 27 1912-24-9-57-74 atrazine 1 1 5 10 000 28-9-50-1 1 1 1 1 29 143 chlordane 0 Hlordekon 1 1 1 1 1 30 of 470-90-6 chlorfenvinphos-1 1 5 10 000 31 85535-84-8 alkanes C10-C13-1 1 10 10 000 32, 2921-88-2-50-1 1 5 10 000 33 chlorpyrifos 29-3 1 1 1 1 1 34 DDT 107-06-2 1.2-dichloroethane (EDC) 1 000 10 10 100 10 000 35 75-09-2 dichloromethane (DCM) 1 000 10 10 100 10 000 36 60-57-1 1 1 1 1 1 37 Dildrin in the 330-54-1-1 1 5 10 000 38 Diuron 115-29-7-72-1 1 5 10 000 39 Endosulpfān 20-8 1 1 1 1 1 40 endrin organohalogen compounds ( as AOX)-1 000 1 000 1 000 10 000 41 76-44-8 1 1 1 1 1 42 heptachlor 118-74-1 hexachlorobenzene (HCB) 10 1 1 1 5 43 87-68-3 Hexachlorobutadiene (HCBD)-1 1 5 10 000 44 608-73-1 1, 2, 3, 4, 5, 6-hexachlorocyclohexane (HCH) Lindane 58-89-9 10 1 1 1 10 45 of 2385-85-5 1 1 1 1 1 46 Mireks 1 1 1 1 1 47 PCDD + PCDF in (dioxins + furans) (as Teq) 0.001 0.001 0.001 0.001 0.001 48 608-93-5 1 1 1 pentachlorobenzene
5 50 49 87-86-5 pentachlorophenol (PCP) 10 1 1 5 10 000 50 1336-36-3 Polychlorinated biphenyl (PCB) is 0.1 0.1 0.1 1 50 51 122-34-9 simazine-1 1 5 10 000 52 127-18-4 tetrachloroethylene (PER) 2 000-1 000 10 000 53 56-23-5 Tetrahlormetān (TCM)-100-1 000 10 000 54 12002-48-1 trichlorobenzene (TCB) 10-1 000 10 000 55 71-55-6 1,1,1-trichloroethane 100-1 000 10 000 56 79-34-5-1, 1, 2, 2-tetrachloroethane 50-1 000 10 000 57 79-01-6 trichloroethylene 2 000-1 000 10 000 58 67-66-3 trichloromethane 500-1 000 10 000 59 8001-35-2 toxaphene 1 1 1 1 1 60 75-01-4 Vinyl chloride 1 000 10 10 100 10 000 61 120-12-7 anthracene 50 1 1 50 50 62 71-43-2 benzene 1 000 200 (as BTEX) (a) 200 (as BTEX) (a) 2 000 (as BTEX) (a) 10 000 63 brominated difinelēter (PBDE)-1 1 5 10 000 64 Nonylphenol Ethoxylates (NP/NP) and related substances-1 1 5 10 000 65 100-41-4 ethyl benzene-200 (as BTEX) (a) 200 (as BTEX) (a) 2 000 (as BTEX) (a) 10 000 66 75-21-8 Ethylene oxide 1 000 10 10 100 10 000 67 34123-59-6-91-1 1 5 10 000 68 isoproturon 20-3 naphthalene 100 10 10 100 10 000 69 organotin compounds (as total Sn)-50 50 50 10 000 70 117-81-7 Di (2-ethylhexyl) phthalate (DEHP) 10 1 1 100 10 000 71 108-95-2 phenols (as total C) 20 20 200 10 000 72-polycyclic aromatic hydrocarbons (PAHS) (b) 50 5 5 50 50 73 108-88-3 toluene-200 (as BTEX) (a) 200 (as BTEX) (a) 2 000 (as BTEX) (a)
10 000 74 (tributyltin) and Tributyltin compounds-1 1 5 10 000 75 Trifeniltin (tht) (Triphenyltin) and connections-1 1 5 10 000 76 total organic carbon (TOC) (as total C or COD/3)-50 000--** 77 1582-09-8 trifluralin-1 1 5 10 000 78 1330-20-7 Xylene-200 (as BTEX) (a) 200 (as BTEX) (a) 2 000 (as BTEX) (a) 10 000 79 chlorides (as total Cl)-2 million 2 million 2 million 10 000 (c) 80 chlorine and inorganic compounds (as HCl) 10 000 10 000 81 1332-21-4 asbestos-1 1 1 10 10 000 82 cyanides (as total CN)-50 50 500 10 000 83 fluorides (as total F)-2 000 2 000 10 000 10 000 (c) 84 fluorine and inorganic compounds (as HF) 5 000-10 000 85 74-90-8 hydrogen cyanide (HCN) 200-10 000 86 particulate matter (PM10) 50 000 – – – explanation of the : Contaminants CAS number means an exact overview of the chemical analytical index. Column 1 of the table contained in article 7 paragraph 1 point (a) (i))) and (iv) of subparagraph (a))) the threshold referred to in part. If column (air, water or land) the specified threshold is exceeded, report on emissions or pollutants in the effluent for treatment, transfer to the corresponding columns in the part of the agent is required in connection with the facility to those parties who have selected reporting system in accordance with article 7 paragraph 1 point (a)). In column 2 of the table contained in article 7 paragraph 1 point (a) (ii))) the threshold referred to in the part. If the pollutant concerned exceeds the threshold specified in the column for this contaminant transfer outside the territories in relation to the facility have to report them to the parties that have chosen the reporting system in accordance with article 7 paragraph 1 point (a) (ii))). Column 3 in table 3 in article 7 paragraph 1 point (b)) the threshold referred to in point. If the pollutant concerned exceeds the threshold specified in the column for this contaminant emissions and transfer outside the territory of the community in relation to the facility have to report them to the parties that have chosen the reporting system in accordance with article 7, paragraph 1 (b)). Hyphen (-) indicates that the parameter in question and the features are not a requirement to report. An asterisk (*) indicates that, for this pollutant should rather be used in column 1a of the emissions threshold, not the production, processing or use of the threshold. A double asterisk (**) indicates that, for this pollutant should rather be applied 1. emission threshold column b, not the production, processing or use of the threshold. Notes: (a) For simple pollutants must be reported if the threshold is exceeded for BTEX (benzene, toluene, xylene and ethyl parameter). (b) polycyclic aromatic hydrocarbons (PAHS) must be measured as benzo (a) pyrene (50-32-8), benzo (b) fluoranthene (205-99-2), benzo (k) fluoranthene (207-08-9), indeno (1,2,3-cd) pyrene (193-39-5) (derived from the Protocol on persistent organic pollutants to the Convention on long-range transboundary air pollution). (c) As inorganic compounds.
Annex III part A disposal operation ("D")-storage land or on land (e.g. landfill)-Treatment of the soil (e.g. liquid or muddy emission organic degeneration of soil)-Suction (e.g. emissions of sūknējam Oh, naturally occurring salt storage kupolo)-surface impoundment (e.g. liquid or muddy emissions into pits, ponds or lagoons)-specially designed landfill (placing separate sectors located in the line that is covered with a lid and isolated from one another and from the environment)-emissions in water except seas/oceans-oceans of the sea/Emissions, including seabed insertion-biological treatment not specified elsewhere in this annex which results in final compounds or mixtures which are scrapped, using any of the actions referred to in this paragraph-physico-chemical treatment, not elsewhere in this annex which is not specified and as result in final compounds and mixtures, using throwing any of the activities referred to in this part (eg. , evaporation, drying, calcination, neutralization, precipitation)-incineration on land-sea-incineration, permanent storage (e.g., container storage mine)-Blending before exposure to any of the activities referred to in this paragraph-repackaging of the exposure to any of the activities referred to in this paragraph-storage for any of the activities listed in this subparagraph (B) recovery operations ("R")-fuel (other than in direct incineration) or other means to produce energy-solvent reclamation/regeneration-secondary to organic matter recycling/reclamation that are not used as solvents-metal and metal compounds for recycling/reclamation of organic metal-recycling/disposal-acid or bases recovery-recovery of substances used for pollution-abatement of catalysts used in oil-refining or re-use of used oil other secondary uses-land treatment resulting in benefit to agriculture or ecological improvement resulting in the surplus materials-obtained from any of the above in this part of recovery activities-waste exchange to be passed to any of the above in this paragraph to recovery operations-The accumulation of material intended for any of the activities referred to in this part annex IV arbitration 1. If this Protocol in accordance with article 23 (2) of the dispute shall be referred to arbitration, the party or parties shall notify the other party or parties to the dispute by diplomatic means, as well as inform the Secretariat of the Tribunal on the matter in question, and in particular the articles of this Protocol the interpretation or application of which is based on the dispute. The Secretariat shall forward the information received to all parties to this Protocol. 2. The arbitral tribunal shall consist of three members. Both the plaintiff and the plaintiff or other party or parties to the dispute shall appoint an arbitrator, one by one, and the two arbitrators so appointed shall, by mutual agreement, appoint a third arbitrator who shall be the Chairman of the Arbitration Board. The latter an arbitrator shall not be a citizen of the country, which is party to the dispute, and his usual residence may not be what the parties to the dispute in the territory, and he must not be in the public service or otherwise related to the case. 3. If, within two months of the appointment of the second arbitrator, the President of the arbitral tribunal has not been designated, then by what the parties to the dispute in the coming two months, at the request of the Chairman shall be appointed by the Executive Secretary of the Economic Commission for Europe. 4. If one of the parties to the dispute does not appoint an arbitrator within two months of the notification referred to in paragraph 1, the other party may so inform the Executive Secretary of the Economic Commission for Europe, who shall be appointed in the two coming months, the Chairman of the Arbitration Board. After the appointment of the Chairman of the arbitral tribunal shall request the party which has not appointed an arbitrator to do so within two months. If it fails to do so within that period, the President shall inform the Executive Secretary of the Economic Commission for Europe, who shall be appointed in the coming two months the arbitrator. 5. The arbitral tribunal shall decide in accordance with international law and the provisions of this Protocol. 6. any arbitral tribunal constituted in accordance with the rules laid down in that annex, shall adopt its rules of procedure. 7. Arbitration decisions both on procedure and on substance, shall be taken by majority vote of its members. 8. The Tribunal may take all appropriate measures to clarify the facts. 9. The parties to the dispute shall facilitate the work of the arbitral tribunal and, in particular, using all means at their disposal, shall: (a)) puts it with all relevant documents, materials and information; (b)) provide, where necessary, it features invite and hear witnesses or experts. 10. the parties and members of the Arbitration Board shall respect the confidentiality of any information which they have acquired in confidence during the proceedings of the arbitral tribunal. 11. at the request of one of the parties, the arbitral tribunal can recommend to take interim protection measures. 12. If one of the parties to the dispute does not appear before the arbitral tribunal or defending your views, the other party may request the Tribunal to continue the proceedings and make the final decision. The absence of the party or self defense is not an obstacle not consideration. Before the final decision, the arbitral tribunal must satisfy itself that the claim is well founded in fact and law. 13. The arbitral tribunal may hear and determine counterclaims resulting directly from the nature of the dispute. 14. If one-taking into account the specific circumstances of the case-the arbitral tribunal decides otherwise, the costs of the arbitration, including the remuneration of its members, shall be borne by the parties to the dispute in equal shares. The Tribunal lists all its expenses, and shall provide to the parties a final calculation. 15. any party to this Protocol, which in connection with the subject matter of the dispute is the legitimate interest which may affect the case in question the decision, with the consent of the Tribunal can be involved in the case. 16. The arbitral tribunal shall decide within five months of its date of creation, unless it considers it necessary to extend the period for not more than five months. 17. The arbitration decision is accompanied by a justification. Decision is final and binding on all the parties to the dispute. The Tribunal shall communicate its decision to the parties to the dispute and to the Secretariat. The Secretariat shall forward the information received to all parties to this Protocol. 18. all disputes, which the parties could arise about the interpretation or the execution of the decision, either party may refer the matter to the Arbitration Tribunal which made the decision, or, if it is not possible to convene another tribunal established for that purpose in the same order as the first arbitration.
(B) the annex to the Declaration by the European Community in accordance with article 26, paragraph 4, of the UN-ECE Protocol on pollutant release and transfer registers, the European Community declares that, in accordance with the Treaty establishing the European Community, and in particular Article 175 paragraph 1, in that it has competence to conclude international agreements and to fulfil the obligations resulting therefrom, which contribute to the following objectives:-preserving, protecting the environment and improving the quality -protecting human health, — prudent and rational utilisation of natural resources, promoting measures at international level to deal with regional or worldwide environmental problems. Pollutant release and transfer registers are suitable means the promotion of environmental improvement, information about pollutant emissions to the public of the availability and use of competent national authorities, to identify trends, reported progress in pollution reduction, monitoring compliance and support measure progress well, thus contributing to the achievement of the objectives referred to above. In addition, the European Community declares that it has already adopted legal instruments, binding on its Member States, and include matters governed by this Protocol, and will submit and update as appropriate a list of those provisions of this Protocol in accordance with article 26, paragraph 4. The European Community is responsible for carrying out the obligations arising from this Protocol and which are covered by Community law in force. The use of Community competence, by its nature, is subject to continuous development.