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For The Convention On Long-Range Transboundary Air Pollution Protocol On Persistent Organic Pollutants

Original Language Title: Par Konvencijas par robežšķērsojošo gaisa piesārņošanu lielos attālumos Protokolu par noturīgajiem organiskajiem piesārņotājiem

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The Saeima has adopted and the President promulgated the following laws: the Convention on long-range transboundary air pollution Protocol on persistent organic pollutants, article 1. 13 November 1979 Convention on long-range transboundary air pollution 24 June 1998 Protocol on persistent organic pollutants (hereinafter referred to as the Protocol) with this law is adopted and approved. 2. article. Ministry of the environment shall coordinate the fulfilment of the obligations provided for in the Protocol. 3. article. This Protocol shall enter into force on it in article 18 within the time and in 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 law adopted by the Parliament in September 9, 2004. State v. President Vaira Vīķe-Freiberga in Riga 2004 September 28 PROTOCOL TO the 1979 CONVENTION ON LONG-RANGE TRANSBOUNDARY AIR POLLUTION ON PERSISTENT ORGANIC POLLUTANT in the parties, Determined to implementations that the Convention on Long-range Transboundary Air Pollution, Recognizing that emission of many persistent organic pollutant with a transported across international boundaries and are deposited in Europe, North America and the Arctic, far from their site of origin , and that the atmosphere is the dominant medium of transport, aware that persistent organic pollutant degradation under natural condition of resist and have been associated with adverse effects on human health and the environment, Concerned that persistent organic pollutant biomagnify in upper trophic level can the registry of which might be affec the health of exposed wildlife and humans, Acknowledging that the Arctic ecosystems and especially its indigenous Australians are people by subsis on Arctic who fish and mammal, with a particularly at risk because of the biomagnification of persistent organic pollutant, Mindful that measure to control emission of persistent organic pollutant in would also contribute to the protection of the environment and human health in areas outside the United Nations Economic Commission for Europe's region, including the Arctic and international waters, Resolved to take measure to anticipate to prevent or minimize emission of persistent organic pollutant, taking into account the application of the approach, as set forth the banks in principle 15 of the Rio Declaration on environment and development, Reaffirming that States have, in accordanc with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources to their own pursuan environmental and development policies , and the responsibility to ensur that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction, Noting the need for global action on persistent organic pollutant and recalling the role envisaged in chapter 9 of Agenda 21 for regional agreements to reduce global transboundary air pollution and , in particular, for the United Nations Economic Commission for Europe to share its regional experience with other regions of the world, Recognizing that there are subregional, regional and global regime in place, including an international instrument for the management of each hazardous waste, their transboundary movement and disposal, in particular the Basel Convention on the Control of Transboundary Movement of Hazardous Waste and their Disposal , Considering that the source of air pollution predominan contributing to the accumulation of persistent organic pollutant with the use of certain pesticide, the manufacture and use of certain chemicals, and the unintentional formation of certain substances in waste incineration, combustion, metal production and mobile sources, aware that techniques and management practices available to reduce the emission of persistent organic pollutant into the air , Conscious of the need for a cost-effective regional approach to combating air pollution, Noting the important contribution of the private and non-governmental sectors to knowledge of the effects associated with persistent organic pollutant, available alternatives and abatemen techniques, and their role in assisting in the reduction of emission of persistent organic pollutant, Bearing in mind that the measure taken to reduce persistent organic emission should not be pollutan constitut a means of arbitrary discrimination or a disguised or unjustifiabl a restriction on international competition and trade, Taking into considerations existing scientific and technical data on emission, atmospheric processes and effects on human health and the environment of persistent organic pollutant, as well as on the Costa abatemen, and acknowledging the need to continue scientific and technical cooperation to further the understanding of these issues, Recognizing the measure on persistent organic pollutant is already taken by some of the parties on a national level and/or under other international convention for , Have agreed as follows: article 1 DEFINITION For the purpose of the present Protocol, 1. "Convention" means the Convention on Long-range Transboundary Air Pollution, adopted in Geneva on 13 November 1979; 2. "EMEP" means the Cooperative Programme for Monitoring and Evaluation of the Long range Transmission of Air Pollutant-in Europe; 3. "Executive Body" means the Executive Body for the Convention constituted under article 10, paragraph 1, of the Convention; 4. "Commission" means the United Nations Economic Commission for Europe; 5. "parties" means, unless the context otherwise requires, the parties to the present Protocol; 6. "the Location scope of EMEP" means the area defined in article 1, paragraph 4, of the Protocol to the 1979 Convention on Long-range Transboundary Air Pollution on Long-term Financing of the Cooperative Programme for Monitoring and Evaluation of the Long range Transmission of Air Pollutant-in Europe (EMEP), adopted in Geneva on 28 September 1984; 7. "persistent organic pollutant (POPs) are organic substances that: (i) toxic posses characteristics; (ii) the persistent; (iii) bioaccumulat; (iv) the pron to long-range transboundary atmospheric transport and deposition; and (v) are likely to cause significant adverse human health or environmental effects near to and distant from their sources; 8. "substance" means a single chemical species, or a number of chemical species which form a specific group by virtue of (a) having similar properties and being emitted together into the environment; or (b) forming a mixtur is normally marketed as a single article; 9. "Emission" means the release of a substance from a point or diffus source into the atmosphere; 10. "Stationary source" means any fixed building, structure, facility, installation, or equipment that are issued or may be any persistent organic efia pollutan directly or indirectly to into the atmosphere; 11. "Major stationary source category" means any stationary source category listed in annex VIII; 12. "New stationary source" means any stationary source of which the construction or substantial modification is commenced after the expiry of two years from the date of entry into force of: (i) this Protocol; or (ii) an amendment to annex III or VIII, where the stationary source become the subject to the provision of this Protocol only by virtue of that amendment. It shall be a matter for the competent national authorities to decide whethers a modification is substantial or not, taking into account such factors as the environmental benefits of the modification. Article 2 objective the objective of the present Protocol is to control, reduce the discharge, emission or eliminat and loss of persistent organic pollutant. Article 3 BASIC OBLIGATION 1. Except where specifically exempted in accordanc with article 4, each Party shall take effective measure: (a) To eliminat the production and use of the substances listed in annex I in accordanc with the implementation requirements specified therein; (b) (i) To ensur that, when the substances listed in annex I are destroyed or disposed of, such destruction or disposal is undertaken in an environmentally sound manner, taking into account relevant subregional, regional and global regime each of the management of hazardous waste and their disposal, in particular the Basel Convention on the Control of Transboundary Movement of Hazardous Waste and their Disposal; (ii) To endeavour to ensur that the disposal of substances listed in annex I is carried out domestically, taking into account the environmental considerations pertinen; (iii) To ensur that the transboundary movement of the substances listed in annex I is conducted in an environmentally sound manner, taking into considerations applicable subregional, regional, and global regime each of the transboundary movement of hazardous waste, in particular the Basel Convention on the Control of Transboundary Movement of Hazardous Waste and their Disposal; (c) To restrict the substances listed in annex II to the us's, described in accordanc with the implementation requirements specified therein. 2. The requirements specified in paragraph 1 (b) above shall become effective for each substance upon the date that production or use of that substance is eliminated, whichever is later. 3. For substances listed in annex I, II, or III, each Party should develop appropriate strategies for identifying articles still in use and the waste containing such substances, and shall take appropriate measure to ensur that such waste and such articles, upon becoming waste is destroyed or disposed of, with of in an environmentally sound manner. 4. For the purpose of paragraphs 1 to 3 above, the terms waste, disposal, and environmentally sound shall be interpreted in a manner consistent with the the use of those terms under the Basel Convention on the Control of Transboundary Movement of Hazardous Waste and their Disposal. 5. Each Party shall: (a) reduce its total annual emission of each of the substances listed in annex III from the level of the emission in a reference year set in accordanc with that annex by taking effective measure, it is appropriate in particular circumstanc; (b) later than the timescal From the specified in annex VI, apply: (i) the best available techniques, taking into considerations annex V, to each new stationary source within a major stationary source category for which annex V to identify best available techniques; (ii) limit values at least as stringen as those specified in annex IV to each new stationary source within a category mentioned in that annex, taking into considerations annex V may, as A Party an alternative, apply different emission reduction strategies that achieve equivalent overall emission levels of; (iii) the best available techniques, taking into considerations annex V, to each existing stationary source within a major stationary source category for which annex V to identify best available techniques, insofar as this is technically and economically feasibl. (A) a Party may, as an alternative, apply different emission reduction strategies that achieve equivalent overall emission reduction of; (iv) limit values at least as stringen as those specified in annex IV to each existing stationary source within a category mentioned in that annex, insofar as this is technically and economically feasibl, taking into considerations annex V may, as A Party an alternative, apply different emission reduction strategies that achieve equivalent overall emission reduction of; (v) effective measure to control emission from mobile sources, taking into considerations annex VII. 6. In the case of residential combustion sources, the obligations set out in paragraph 5 (b) (i) and (iii) above shall refer to all stationary sources in that category taken together. 7. Where a Party, after the application of paragraph 5 (b) above, cannot achieve the requirements of paragraph 5 (a) above for a substance specified in annex III, it shall be exempted from its obligations in paragraph 5 (a) above for that substance. 8. Each Party shall develop and maintain emission inventor for the substances listed in annex III, and shall collect available information relating to the production and sales of the substances listed in annex I and II, for those parties within the scope of EMEP, using location, as a minimum, the methodolog and the spatial and temporal resolution specified by the Steering Body of EMEP , and, for those parties outside the scope of EMEP, using location as the guidance developed through the work on methodolog plan of the Executive Body. It shall report this information in accordanc with the reporting requirements set out in article 9 below. Article 4 EXEMPTION 1. Article 3, paragraph 1, shall not apply to the substance of a quantit to be used for laboratory-scale research or as a reference standard. 2. A Party may grant an exemption from article 3, paragraph 1 (a) and (c), in respect of a particular substance, provided that the exemption is not granted or used in a manner that would undermin the objective of the present Protocol, and only for the following purpose and under the following conditions: (a) For research other than that referred to in paragraph 1 above , if: (i) from a significant quantity of the substance is expected to reach the environment during the proposed use and subsequent disposal; (ii) the objective parameters of such research and the subject to assessment and authorization by the Party; and (iii) In the event of a significant release of a substance into the environment, the exemption will terminate immediately, the measure will be taken to the release as mitigat appropriate, and an assessment of the measure will be conducted to containmen before research may resume; (b) To manage as not a public health emergency, if cessary: (i) From an alternative measure to the suitabl available to the Party to address the situation; (ii) the measure taken by the proportional to the severity of the magnitud and emergency; (iii) appropriate precaution to protect them taken human health and the environment and to ensur that the substance is not used outside the location area subject to the emergency; (iv) the exemption is granted for a period of time that does not exceeds 100 for the duration of the emergency; and (v) Upon termination of the emergency, any remaining stocks of the substance are subject to the provision of article 3, paragraph 1 (b); (c) For a minor application judged to be essential by the Party, if: (i) the exemption is granted for a maximum of five years; (ii) the exemption has not previously been granted by it under this article; (iii) alternatives exist From the suitabl for the proposed use; (iv) the Party has estimated the emission of the substance resulting from the exemption and their contribution to the total emission of the substance from the parties; (v) the precaution with the Adequat taken to ensur that the emission to the environment are minimized; and (vi) Upon termination of the exemption, any remaining stocks of the substance are subject to the provision of article 3, paragraph 1 (b). 3. Each Party shall, no later than ninety days after granting an exemption under paragraph 2 above, provide the Secretariat with, as a minimum, the following information: (a) the chemical name of the substance subject to the exemption; (b) the purpose for which the exemption has been granted; (c) the conditions under which the exemption has been granted; (d) the length of time for which the exemption has been granted; (e) those to whom, or the organization to which, the exemption applies; and (f) For an exemption granted under paragraphs 2 (a) and (c) above, the estimated emission of the substance as a result of the exemption and an assessment of their contribution to the total emission of the substance from the parties. 4. The secretariat shall make available to all parties the information received under paragraph 3 above. Article 5 Exchange OF INFORMATION AND TECHNOLOGY the Parties shall, in a manner consistent with their laws, regulations and practices, create condition to facilitat favourabl the exchange of information and technology designed to reduce the generation and emission of persistent organic pollutant and to develop cost-effective alternatives, by promoting, inter alia: (a) contacts and cooperation among appropriate organizations and individual in the private and public sector that are capable of providing technology , design and engineering services, equipment or finance; (b) the exchange of and access to information on the development and use of alternatives to persistent organic pollutant as well as on the evaluation of the risks that such alternatives pose to human health and the environment, and information on the economic and social costs of such alternatives; (c) the compilation and regular updating of lists of their designated authorities engaged in similar activities in other international forums; (d) the exchange of information on activities conducted in other international forums. Article 6 PUBLIC awareness the Parties shall, consistent with their laws, regulations and practices, promote the provision of information to the general public, including individual who with direct users of persistent organic pollutant. This information may include, inter alia: (a) Information, including labelling, on risk assessment and hazard; (b) Information on risk reduction; (c) Information to encourag the elimination of persistent organic pollutant or a reduction in their use, including, where appropriate, information on integrated pest management, integrated crop management and the economic and social impacts of this elimination or reduction; and (d) Information on alternatives to persistent organic pollutant, as well as an evaluation of the risks that such alternatives pose to human health and the environment, and information on the economic and social impacts of such alternative. Article 7 strategies, policies, PROGRAMS, AND INFORMATION "1. Each Party shall, no later than six months after the date on which this Protocol enter into force for it, develop strategies, policies and programmes in order to discharge its obligations under the present Protocol. 2. Each Party shall: (a) the use of Encourag economically feasibl, environmentally sound management techniques, including best environmental practices, with respect to all aspects of the use, production, release, processing, distribution, handling, transport and reprocessing of substances subject to the present Protocol and manufactured articles, mixtur or solutions containing such substances; (b) the implementation of other Encourag management program to reduce emission of persistent organic pollutant, including voluntary programmes and the use of economic instruments; (c) Consider the adoption of additional policies and appropriate axis of the measure in its particular circumstanc, which may include non-regulatory approaches; (d) make determined efforts that are economically feasibl to reduce levels of substances subject to the present Protocol that are led as in other contaminant substances, chemical products or manufactured articles, as soon as the relevance of the source has been established; (e) take into considerations in its programme for evaluating substances, the characteristics specified in the paragraph 1 of Executive Body decision 1998/2 on information to be submitted and procedures for adding substances to annex I, II or III, including any amendments to theret. 3. The parties may take more than a measure of the stringen those required by the present Protocol. Article 8 RESEARCH, DEVELOPMENT AND MONITORING the Parties shall encourag research, development, monitoring and cooperation related, but not limited, to: (a) Emission, long-range transport and deposition levels and their modelling, existing levels in the Biotics and abiotic environment, the elaborations of procedures for harmonizing relevant methodolog; (b) the pathway and inventor Pollutan in representative ecosystems; (c) relevant effects on human health and the environment, including quantification of those effects; (d) best available techniques and practices, including agricultural practices, and emission control techniques and practices currently employed by the parties or under development; (e) permitting to considerations of Methodolog socio-economic factors in the evaluation of alternative control strategies; (f) An effects-based approach which integrate the appropriate information, including information obtained under subparagraph (a) to (e) above, on measured or modelled environmental levels, pathway, and effects on human health and the environment, for the purpose of formulating future control strategies which also take into account economic and technological factors; (g) methods for estimating national emission and projecting future emission of persistent organic pollutant of the individual and for evaluating how such estimate and projections can be used to structure future obligations; (h) levels of substances subject to the present Protocol that are led as in other contaminant substances, chemical products or manufactured articles and the significanc of these levels for long-range transport, as well as techniques to reduce levels of these contaminant, and, in addition, levels of persistent organic pollutant generated during the life cycle of timber treated with pentachlorophenol. Priority should be given to research on substances considered to be the most likely to be submitted under the procedures specified in article 14, paragraph 6, article 9 REPORTING 1. Subject to its laws, the confidentiality of each commercial information: (a) Each Party shall report, through the Executive Secretary of the Commission, to the Executive Body, on a periodic basis as determined by the parties meeting within the Executive Body , information on the measure that it has taken of their implementations that the present Protocol; (b) Each Party within the scope of EMEP shall location report, through the Executive Secretary of the Commission, to EMEP, on a periodic basis to be determined by the Steering Body of EMEP and approved by the parties at a session of the Executive Body, information on the levels of persistent organic pollutant emission of using, as a minimum, the methodolog and temporal and spatial resolution of the specified by the Steering Body of EMEP. Parties in areas outside the scope of EMEP location shall make available similar information to the Executive Body if requested to do so. Each Party shall also provide information on the level of emission of the substances listed in annex III for the reference year specified in that annex. 2. The information to be reported in accordanc with paragraph 1 (a) above shall be in conformity with a decision regarding format and content to be adopted by the parties at a session of the Executive Body. The terms of this decision shall be reviewed as not to identify any additional elements cessary regarding the format or the content of the information that is to be included in the reports. 3. In good time before each annual session of the Executive Body, EMEP shall provide information on the long-range transport and deposition of persistent organic pollutant. Article 10 reviews BY the parties AT sessions OF the Executive BODY 1. The Parties shall, at sessions of the Executive Body, pursuan to article 10, paragraph 2 (a), of the Convention, review the information supplied by the parties, EMEP and other subsidiary bodies, and the reports of the Implementation Committee referred to in article 11 of the present Protocol. 2. The Parties shall, at sessions of the Executive Body, keep under review the progress made towards achieving the obligations set out in the present Protocol. 3. The Parties shall, at sessions of the Executive Body, review the sufficiency and effectiveness of the obligations set out in the present Protocol. Such reviews will take into account the best available scientific information on the effects of the deposition of persistent organic pollutant, assessments of technological developments, changing economic conditions and the fulfilmen of the obligations on emission levels. The procedures, methods and timing for such reviews shall be specified by the parties at a session of the Executive Body. The first such review shall be completed from later than three years after the present Protocol enter into force. Article 11 compliance compliance by each Party with its obligations under the present Protocol shall be reviewed regularly. The Implementation Committee established by decision 1997/2 of the Executive Body at its fifteenth session shall carry out such reviews and report to the parties meeting within the Executive Body in accordanc with the terms of the annex to that decision, including any amendments to theret. Article 12 settlement OF DISPUTE 1. In the event of a dispute between any two or more parties concerning the interpretation or application of the present Protocol, the parties concerned shall seek a settlement of the dispute through negotiation or any other peaceful means of their own choice. The parties to the dispute shall inform the Executive Body of their dispute. 2. When ratifying, accepting, approving or acceding to the present Protocol, or at anytime thereafter, a Party which is not a regional economic integration organization may declare in a written instrument submitted to the Depositary that, in respect of any dispute concerning the interpretation or application of the Protocol, it recognizes one or both of the following means of dispute settlement as compulsory of ipso facto and without special agreement 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 procedures to be adopted by the parties at a session of the Executive Body, as soon as practicabl, in an annex on arbitration. A Party which is 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) above. 3. A declaration made under paragraph 2 above shall remain in force until it expires in accordanc with its terms or until three months after written notice of its revocation has been deposited with the Depositary. 4. A new declaration, a notice of revocation or the expiry of a declaration shall not in any way be affec proceedings pending before the International Court of Justice or the CAs tribunal, unless the parties to the dispute agree otherwise. 5. Except in a case where the parties to a dispute have accepted the same means of dispute settlement under paragraph 2, if after twelve months following notification by one Party to another that a dispute exists between them, the parties concerned have not been able to settle their dispute through the means mentioned in the paragraph 1 above, the dispute shall be submitted , at the request of any of the parties to the dispute, Acas. 6. For the purpose of paragraph 5, the commission shall (a) be created Acas. The commission shall be composed of equal numbers of members appointed by each Party concerned or, where the parties in Acas share the same interest, by the group sharing that interest, and a chairperson chosen jointly by the members so appointed. The commission shall render a recommendatory award, which the Parties shall consider in good faith. Article 13 ANNEX of the annex to the present Protocol shall form an integral part of the Protocol. Annex VII with V and is recommendatory in character. Article 14 AMENDMENTS 1 Any Party may-proposes amendments to the present Protocol. 2. the Proposed amendments shall be submitted in writing to the Executive Secretary of the the Commission, who shall communicate them to all parties. The parties meeting within the Executive Body shall discuss the proposed amendments at the next session, it provided that the proposals have been circulated by the Executive Secretary to the parties at least ninety days in advance. 3. Amendments to the present Protocol and to the annex I to IV, VI and VIII shall be adopted by consensus of the Parties present at a session of the Executive Body, and shall enter into force for the parties which have accepted them on the ninetieth day after the the date on which two thirds of the parties have deposited with the Depositary their instruments of acceptance thereof. The amendments shall enter into force for any other Party on the ninetieth day after the date on which that Party has deposited its instrument of acceptance thereof. 4. Amendments to annex V and VII shall be adopted by consensus of the Parties present at a session of the Executive Body. On the expiry of ninety days from the date of its communication to all parties by the Executive Secretary of the Commission, an amendment to any such annex shall become effective for those parties which have not submitted to the Depositary a notification in accordanc with the provision of paragraph 5 below, provided that at least sixteen Parties have not submitted such a notification. 5. Any Party that is unable to approve an amendment to annex V or VII shall so notify the Depositary in writing within ninety days from the date of the communication of its adoption. The Depositary shall without delay notify all parties of any such notification received. A Party may at any time substitute an acceptance for its previous notification and, upon deposit of an instrument of acceptance with the Depositary, the amendment to such an annex shall become effective for that Party. 6. In the case of a proposal to amend annex I, II, or III by adding a substance to the present Protocol: (a) the proposer shall provide the Executive Body with the information specified in Executive Body decision 1998/2, including any amendments to theret; and (b) the Parties shall evaluate the proposal in accordanc with the procedures set forth in Executive Body decision 1998/2, including any amendments to theret. 7. Any decision to amend Executive Body decision 1998/2 shall be taken by consensus of the parties meeting within the Executive Body and shall take effect sixty days after the date of adoption. Article 15 signature 1. The present Protocol shall be open for signature at Aarhus (Denmark) from 24 to 25 June 1998, then at United Nations Headquarters in New York until 21 December 1998, by States members of the Commission as well as States having consultative status with the Commission to paragraph 8 of pursuan Economic and Social Council resolution 36 (IV) of 28 March 1947 regional economic integration organization, by the Andes, constituted by sovereign States members of the Commission, which have competence in respect of the negotiation, conclusion and application of international agreements in matters covered by the Protocol, provided that the States and organizations concerned are parties to the Convention. 2. In matters within their competence, such regional economic integration organizations shall, on their own behalf, exercise the rights and fulfil the responsibilities which the present Protocol attributes to their member States. In such cases, the member States of these organizations shall not be entitled to exercise such rights individually. Article 16 RATIFICATION, acceptance, APPROVAL AND ACCESSION 1. The present Protocol shall be subject to ratification, acceptance or approval by the Signator. 2. The present Protocol shall be open for accession as from 21 December 1998 by the States and organizations that meet the requirements of article 15, paragraph 1. DEPOSITARY the instruments of Article17 of ratification, acceptance, approval or accession shall be deposited with the Secretary-General of the United Nations, who will perform the functions of Depositary. Article 18 ENTRY into force 1. The present Protocol shall enter into force on the ninetieth day following the date on which the sixteenth instrument of ratification, acceptance, approval or accession has been deposited with the Depositary. 2. For each State and organization referred to in article 15, paragraph 1, which accept or approve ratif, of the present Protocol or accede the theret after the deposit of the sixteenth instrument of of the ratification, acceptance, approval or accession, the Protocol shall enter into force on the ninetieth day following the date of deposit by such Party of its instrument of ratification, acceptance , approval or accession. Article 19 WITHDRAWALS At any time after five years from the date on which the present Protocol has come into force with respect to a Party, that Party may withdraw from it by giving written notification to the Depositary. Any such withdrawals shall take effect on the ninetieth day following the date of its receipt by the Depositary, or on such later date as may be specified in the notification of the withdrawals. Article 20 AUTHENTIC texts the original of the present 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 the present Protocol. Done at Aarhus (Denmark), this twenty-fourth day of June, one thousand nine hundred and ninety-eight.

Annex I substances SCHEDULED FOR ELIMINATION Unless otherwise is specified in the present Protocol, this annex shall not apply to the substances listed below when they occure: (i) as a contaminant in products; or (ii) in articles manufactured or in use by the implementation date; or (iii) as site-limited chemical intermediate in the manufacture of one or more different substances and are transformed by the chemically. Unless otherwise specified, each of the obligation below is effective upon the date of entry into force of the Protocol.

Substance Implementation requirements Elimination of conditions Aldrin Production none CAS: 309-00-2 use none Chlordan Production none CAS: 57-74-9 use none Chlordecon Production none CAS: 143-50-0 use none DDT Production 1. Elimination within one year of the production CAST: 50-29-3 consensus by the parties that the suitabl alternatives to DDT are available for public heal diseases such as protection from malaria and encephalit.


2. With a view to the production of DDT eliminationg at the earlies opportunity, the Parties shall, no later than one year after the date of entry into force of the present Protocol and periodically thereafter as not, and, in consultation with the cessary World Health Organization, the Food and Agriculture Organization of the United Nations and the United Nations Environment Programme , review the availability and feasibility of alternatives and, as appropriate, promote the commercialization of safer and economically aternativ to DDT by viabl.


Use None, except as identified in annex II.

Dieldrin Production none CAS: 60-51-1 use none Endrin Production none CAS: 72-20-8 use none Heptachlor Production none CAS: 76-44-8 use none, except for use by certified personnel for the control of fire ants in closed industrial electrical junction boxes. Such use shall be re-evaluated under this Protocol from later than two years after the date of entry into force.

Hexabromobiphenyl Production none CAS: 36355-01-8 use none Hexachlorobenzen Production none, except for production for a limited purpose CAS: 118-74-1 as specified in a statement deposited by a country with an economy in transition upon signature or accession.


Use None, except for a limited use as specified in a statement deposited by a country with an economy in transition upon signature or accession.

Mirex Production none CAS: 2385-85-5 use none PCB a/Production none, except for countries with economies in transition which shall as soon as possible eliminat production and no later than 31 December 2005 and which State in a declaration to be deposited together with their instrument of ratification, acceptance, approval or accession, their intention to do so.


Use None, except as identified in annex II.

Toxaphen Production none CAS: 8001-35-2 use none a/the parties agree to reasses under the Protocol by 31 December 2004 the production and use of polychlorinated terphenyl and "ugilec" Annex II substances SCHEDULED FOR RESTRICTION ON use of otherwise Unless specified in the present Protocol, this annex shall not apply to the substances listed below when they occure: (i) as a contaminant in products; or (ii) in articles manufactured or in use by the implementation date; or (iii) as site-limited chemical intermediate in the manufacture of one or more different substances and are transformed by the chemically. Unless otherwise specified, each of the obligation below is effective upon the date of entry into force of the Protocol.

Substance Implementation requirements Restricted the use of DDT powder 1. For public health protection 1. Use allowed only as a component of CAS: 50-29-3 from diseases such as malaria an integrated pest management encephalit.
strategy and only to the exten the cessary and not only until one year after the date of the elimination of production in accordanc with annex I.


2. As a chemical intermediate 2. Such use shall be reassessed from the later to produce Dicofol.
than two years after the date of entry into force of the present Protocol HCH Technical HCH (i.e. any other HCH mixed CASE ...: 608-73-1 isomer) is restricted to use as an intermediate in chemical manufacturing.


Products in which at least 99% of All us of lindan is restricted shall be of the HCH isomer is in the gamma reassessed under the Protocol of the form (i.e. any other., lindan later than two years after the date of the CAS: 58-89-9) are restricted to their entry into force the following USA: 1. Seed treatment.


2. Soil applications directly followed by incorporation into the topsoil surface layer.


3. Professional remedial and industrial treatment of lumber, timer and window.


4. Public health and veterinary topical insecticid.


5. Non-aerial application to tree seedling, small-scale lawn use, and indoor and outdoor use for nursery stock and ornamental.


6. Indoor industrial and residential applications the PCB a/PCBS in use as of the date of Parties shall make determined efforts for the entry into force or produced up to the lead: it designed the 31 December 2005 in (a) The elimination of the use of the identifiabl in accordanc with PCBS in equipment (i.e. any other.


provision of annex i. transformers, capacitor or other receptacl containing residual liquid of stocks) containing PCBS in volumes greater than 5 dm3 and having a concentration of 0.05% PCBS or greater, as soon as possible, but from later than 31 December 2010, or 31 December 2015 for countries with;


(b) the destruction or decontamination in an environmentally sound manner of all liquid PCBS referred to in subparagraph (a) and the other in the liquid PCBS containing more than 0.005% PCBS not in equipment, as soon as possible, but from later than 31 December 2015, or 31 December 2020 for countries with economies in transition; and (c) the decontamination or disposal of equipment referred to in subparagraph (a) in an environmentally sound manner.

a/the parties agree to reasses under the Protocol by 31 December 2004 the production and use of polychlorinated terphenyl and "ugilec".
Annex III substances REFERRED TO IN article 3, PARAGRAPH 5 (a), AND the reference YEAR FOR the OBLIGATION substance reference year PAHS a/1990; or an alternative year from 1985 to 1995 inclusive, specified by a Party upon ratification, acceptance, approval or accession Dioxin/furan b/1990; or an alternative year from 1985 to 1995 inclusive, specified by a Party upon ratification, acceptance, approval or accession.

In 1990 Hexachlorobenzen; or an alternative year from 1985 to 1995 inclusive, specified by a Party upon ratification, acceptance, approval or accession.

Polycyclic aromatic hydrocarbon (a)/(PAHS): For the purpose of emission of the inventor, the following four indicator compounds shall be used: benzo (a) pyren, benzo (b) fluoranthen, benzo (k) fluoranthen, and indeno (1,2,3-cd) pyren. b/Dioxin and furan (PCDD/F): Polychlorinated Dibenzo-p-dioxin (PCDD) and polychlorinated dibenzofuran (PCDF) are tricyclic, aromatic compounds formed by two rings of which with benzen connected by two oxygen atoms in PCDD and by one oxygen atom in PCDF and the hydrogen atoms of which may be replaced by up to eight chlorin atom.
Annex IV LIMIT values FOR PCDD/F FROM MAJOR STATIONARY sources i. INTRODUCTION 1 A definition of dioxin and furan (PCDD/F) is provided in annex III to the present Protocol. 2. Limit values are expressed as ng/m3 or mg/m3 under standard conditions (273.15 K, 101.3 kPa, and dry gas). 3. Limit values relate to the normal operating situation, including start-up and shutdown procedures, unless the specific limit values have been defined for those situation. 4. Sampling and analysis of all the pollutant shall be carried out according to the standards laid down by the Comité européen de normalisation (CEN), the International Organization for Standardization (ISO), or the òàæó in the United States or Canadian reference methods. While awaiting the development of CEN or ISO standards, national standards shall apply. 5. For verification purpose, the interpretation of measurement results in relations to the limit value must also take into account the inaccuracy of the measurement method. A limit value is considered to be met if the result of the measurement, from which the inaccuracy of the measurement method is subtracted, does not it exceeds 100.6. Emission of different congener of PCDD/F are given in toxicity equivalent (TE) in comparison to 2,3,7,8-TCDD using the system proposed by the NATO Committee on the challenges of Modern Society (NATO-CCMS) in 1988. II. LIMIT values FOR MAJOR STATIONARY sources 7. The following limit values, which refer to 11% O2 concentration in flu gas, apply to the following incinerator types: Municipal solid waste (burning more than 3 tonnes per hour) 0.1 ng TE/m3 Medical solid waste (burning more than 1 tonne per hour) 0.5 ng TE/m3 hazardous waste (burning more than 1 tonne per hour) 0.2 ng TE/m3 Annex V best available techniques TO CONTROL EMISSION OF PERSISTENT ORGANIC POLLUTANT FROM the MAJOR sources I. STATIONAER INTRODUCTION 1. The purpose of this annex is to provide the parties to the Convention with guidance in identifying best available techniques to allow them to meet the obligations in article 3, paragraph 5, of the Protocol. 2. "best available techniques" (BAT) means the most effective and advanced stage in the development of activities and their methods of operation which indicates the suitability of particular practical techniques for providing in principle the basis for emission limit values designed to prevent and, where that is not practicabl, it generally reduce emission and their impact on the environment as a whole :-' Techniques ' includes both the technology used and the way in which the installation is designed, built, maintained, operated and decommissioned; -' Available ' techniques means those developed on a scale which allows implementation in the relevant industrial sector, under economically and technically viabl condition, taking into considerations the Costa and advantage, whethers or not the techniques are used or produced inside the territory of the Party in question, as long as they are reasonably accessible to the operator; -' Best ' means most effective in achieving a high general level of protection of the environment as a whole. In determining the best available techniques, special considerations should be given, generally or in specific cases, to the factors below, bearing in mind the likely costs and benefits of a measure and the principles of precaution and prevention:-the use of low-waste technology; -The use of less hazardous substances; -The furthering of recovery and recycling of substances generated and used in the process and of waste; — A Comparabl processes, facilities or methods of operation which have been tried with success on an industrial scale; -Technological advance and changes in scientific knowledge and understanding; -The nature, effects and volume of the emission is concerned; -The commissioning dates for new or existing installation; — The time needed to introduce the best available technique; -The consumption and nature of raw materials (including water) used in the process and its energy efficiency; -The need to prevent or reduce to a minimum the overall impact of the emission on the environment and the risks to it; -The need to prevent accidents and to minimize their consequences for the environment. The concept of best available techniques is not aimed at the prescription of any specific technique or technology, but at taking into account the technical characteristics of the installation concerned, its location and the local environmental location conditions. 3. Information regarding the effectiveness and control measure of Costa's is based on documents received and reviewed by the Task Force and the Working Group on POPs Features. Unless otherwise indicated, of the techniques listed are considered to be well established on the basis of operational experience. 4. Experience with new plants incorporating low-emission techniques, as well as with retrofitting of existing plants, is continuously growing. The regular elaborations and amendment of the annex will therefore be not cessary. Best available techniques (BAT) identified for new plants can usually be applied to existing plants provided there is an adequat-transition period and they are adapted. 5. The annex lists a number of control measure of which span a range of costs and efficienc. The choice of measure for any particular case will depend on a number of factors, including economic, technological infrastructure and circumstanc capacity, and any existing air pollution control measure. 6. The most important POPs emitted from stationary sources are: (a) Polychlorinated Dibenzo-p-dioxin/furan (PCDD/F); (b) Hexachlorobenzen (HCB); Polycyclic aromatic hydrocarbon (c) (PAHS). Relevant definition is provided in annex II to the Protocol to the present. II. MAJOR STATIONARY SOURCES OF POP EMISSION 7. PCDD/F are emitted from thermal processes involving organic matter and chlorin as a result of incomplete combustion or chemical reaction. Major stationary sources of PCDD/F may be as follows: (a) waste incineration, including co-incineration; (b) Thermal metallurgical processes, e.g. production of aluminium and other non-ferro metals, iron and steel; (c) Combustion Plants providing energy; (d) Residential combustion; and (e) Specific chemical production processes releasings intermediate and by-products. 8. Major stationary sources of PAH emission may be as follows: (a) Domestic wood and coal heating; (b) Open fires such as burning, forest fire refus and after-crop burning; (c) coke and anode production; (d) aluminium production (via Soederberg process); and (e) Wood preservation installation except for (a), the Party for which this category does not make a significant contribution to its total emission of PAH (as defined in annex III). 9. Emission of HCB result from the same type of thermal and chemical processes as those emitting PCDD/F, and HCB is formed by a similar mechanism. Major sources of HCB emission may be as follows: (a) waste incineration plants, including co-incineration; (b) Thermal sources of metallurgical industries; and (c) use of chlorinated fuels in furnace installation. III. GENERAL approaches TO CONTROLLING EMISSION OF POPs 10. There are several approaches to the control or prevention of POP emission from stationary sources. These include the replacement of relevant feed materials, process modifications (including maintenance and operational control) and retrofitting existing plants. The following list provides a general indication of available measure, which may be implemented either separately or in combination: (a) replacement of feed materials which are POPs or where there is a direct link between the materials and POP emission from the source; (b) best environmental practices such as good housekeeping, preventive maintenance programmes, or process changes such as closed systems (for instance in the USA of iner coker or the electrod insurance electrolys); (c) Modification of process design to ensur complete combustion, of preventing the formation of the persistent organic pollutant, through the control of parameters such as incineration temperature or residence time; (d) methods for flu-gas cleaning such as thermal or catalytic incineration or oxidation, dust precipitation, adsorption; (e) treatment of residual waste, and of sludg by sewag, for example, thermal treatment or rendering them iner. 11. The emission levels given for different measure in tables 1, 2, 4, 5, 6, 8, and 9 are generally case-specific. The figures or ranges give the emission levels as a percentage of the emission limit values using conventional techniques. 12. Cost-efficient considerations may be based on total costs per year per unit of abatemen (including capital and operational costs). POP emission reduction costs should also be considered within the framework of the overall process economics, e.g. the impact of control measure and Costa of production. Given the many influencing factors, investment and operating cost figures are highly case-specific. IV. CONTROL techniques FOR the REDUCTION OF PCDD/F EMISSION a. waste incineration 13. waste incineration includes municipal waste, hazardous waste, medical waste and the incineration of sludg sewag. 14. The change control measure for PCDD/F emission from waste incineration facilities are: (a) the Primary measure regarding the incinerated waste; (b) the Primary measure of regarding process techniques; (c) Measure to control physical parameters of the combustion process and waste gas (e.g. temperature stages, cooling rate, O2 content, etc.); (d) Cleaning of the flu gas; and (e) the treatment of residual from the cleaning process. 15. The primary measure regarding the incinerated waste of, involving the management of feed material by reducing halogenated substances and replacing them by non-halogenated alternatives, are not appropriate for municipal or hazardous waste incineration. It is more effective to modify the incineration process and install secondary measure for flu-gas cleaning. The management of feed material is a useful primary measure for waste reduction and has the added benefit of recycling possible. This may result in indirect PCDD/F reduction by decreasing the waste to be incinerated non. 16. The modification of process techniques to optimize combustion conditions is an important and effective measure for the reduction of PCDD/F emission (usually 850 ° C or higher, assessment of oxygen supply depending on the heating value and consistency of the waste, sufficient residence time-850 ° C for ca. 2 sec-and turbulence of the gas, avoidance of cold gas regions in the incinerator , etc.). Fluidized bed incinerator will keep a lower temperature than 850 ° C with the adequat emission results. For existing incinerator this would normally by redesigning and/or replacing involv a plant — an option which may not be viabl economically in all countries. The carbon content in the ashes should be minimized. 17. Flu gas measure. The following measure with the possibilities for lowering reasonably effectively the PCDD/F content in the flu gas. The de novo synthesis takes place at about 250 to 450 ° c. These measure with a prerequisite for further reduction to achieve the desired levels at the end of the pipe: (a) Quenching the flu gas (very effective and relatively inexpensive); (b) Adding inhibitors such as triethylamin or a triethanolamin (can reduce oxide of nitrogen as well), but side-reaction will have to be considered for safety reasons; (c) Using dust collection systems for temperature of between 800 and 1000 ° C, e.g. ceramic filters and cyclones; (d) Using low-temperature electric discharge systems; and (e) «Avoiding fly ash deposition in the flu gas exhaust system. 18. Methods for cleaning the gas with the flu: (a) Conventional dust precipitator for the reduction of particle-bound PCDD/F; (b) selective catalytic reduction (SCR) or selective non-catalytic reduction (SNCR); (c) Adsorption with activated charcoal or coke in fixed or fluidized systems; (d) different types of adsorption methods and optimized scrubbing systems with activated charcoal, mixtur of open hearth coal, lime and limestone solutions in fixed bed, moving bed and fluidized bed reactors. The collection efficiency for gaseo for PCDD/F can be improved with the use of a pre-suitabl coat layer of activated coke on the surface of a bag filter; (e) H2O2-oxidation; (f) Catalytic combustion methods using different types of catalyst (i.e. any other Pt/Al2O3 or copper ...-the catalyst with different chromit promoter to stabilise the surface area and to reduce ageing of the catalyst). 19. The methods mentioned above are capable of reaching emission levels of 0.1 ng TE/m3 PCDD/F in the flu gas. However, in systems using activated charcoal or coke adsorber/filters care must be taken to ensur that fugitive carbon dust does not increase PCDD/F emission in downstre. Also, it should be noted that the installation of the adsorber and dedusting prior to catalyst (SCR technique) yield PCDD/F-laden residu, which need to be reprocessed or require proper disposal. 20. A comparison between the different measure to reduce PCDD/F in flu gas is very complex. The resulting matrix includes a wide range of industrial plants with different capacities and configuration. Cost parameters include the reduction measure for minimizing other pollutant as well, such as heavy metals (particle-bound or not particle-bound). (A) direct relations for the reduction in PCDD/F emission alone cannot, therefore, be isolated in most cases. A summary of the available data for the various control measure is given in the table 1.

Table 1: Comparison of different flu-gas cleaning measure and procesmodification in waste incineration plants to reduce PCDD/F emission management options Emission Estimated management level (%) a/risk of Primary measure by Costa Resulting pre-sorting of feed material modification of feed level not effective emission; only parts could be quantified aterial: note;

be collected; others-Elimination of chlorin-gene will not be containing material it seems, for instance and chlorin-containing kitchen salt, paper, linearly etc., cannot feed materials; and dependent on the be avoided. For hazardous-waste management, of the amount of the chemical waste this is not streams.
feed material.

desirabl.



Useful primary measure and feasibl in special cases (for instance, waste oils, electrical components, etc.) with the possible added benefit of recycling of the materials.

Modification of process-Optimized combustion technology: Retrofitting of the whole condition;

the process is needed.

-Avoidance of temperature's below 850 ° C and cold region in flu gas;



-A Sufficient oxygen content; control of oxygen input depending on the heating value and consistency of feed material; and-Sufficient residence time and turbulence.



Flu gas measure «Avoiding particle deposition by::-So the cleaners, mechanical steam so the blowing can increase rappers, sonic or steam PCDD/F formation rates.

so the blower.



Dust removal, 10 medium Removal of generally < PCDD/F adsorbed in waste incinerator: onto the particle. Removal methods of the particle in the hot gas streams flu used only in pilot plants.

-Fabric filter;
1-0.1 Higher use at temperature 150 ° C of the