For the purposes of this Protocol,

"Convention" means the Convention on Long-range Transboundary Air Pollution, adopted at Geneva on 13 November 1979;

2. "EMEP" means the Cooperative Programme for Monitoring and Evaluation of the Long-range Transmission of Air Pollutants in Europe;

(3) "Executive Body" means the Executive Body of the Convention, established pursuant to s. 1 of the art. 10 of the Convention;

4. "Commission" means the United Nations Economic Commission for Europe;

5. "Parties" means, unless the context precludes this interpretation, the Parties to this Protocol;

6. The term "geographical area of EMEP" refers to the area defined in subs. 4 of Art. 1 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 Pollutants Atmospheric in Europe ¹ (EMEP), adopted at Geneva on 28 September 1984;

7. Persistent organic pollutants (POPs) are defined as organic substances that:

(i)

Have toxic characteristics;

(ii)

Are persistent;

(iii)

Are susceptible to bio-accumulation;

(iv)

Can easily be transported to the atmosphere beyond the boundaries over long distances and settle away from the place of issue;

(v)

Are likely to cause significant adverse health and environmental effects in the vicinity and at a significant distance from their source;

8. "Substance" means a single chemical species or several chemical species that constitute a particular group of the fact

(a)

They have similar properties or are emitted together in the environment; or

(b)

They form a commonly marketed mixture as a single item;

9. The term "emission" means the release into the atmosphere of a substance from a point source or diffuse source;

10. A "fixed source" means any building, structure, device, installation or equipment that emits or can emit directly or indirectly in the atmosphere a persistent organic pollutant;

11. "Major stationary source category" means any category of stationary sources referred to in Annex VIII;

12. A "new fixed source" means any fixed source that begins to be constructed or is undertaken to substantially change upon the expiration of a two-year period beginning on the effective date:

(i)

Of this Protocol or

(ii)

An amendment to Annex III or VIII, if the fixed source falls under the provisions of this Protocol only under that amendment. It is for the competent national authorities to determine whether a change is substantial or not, taking into account such factors as the advantages that this amendment presents to the environment.

The purpose of this Protocol is to combat, reduce or terminate releases, emissions and leakage of persistent organic pollutants.

1. Except as expressly provided for in Art. 4, each Party shall take effective measures to:

(a)

To terminate the production and use of the substances listed in Annex I, in accordance with the implementing regime specified therein;

(b) (i) ensure that, where the substances listed in Annex I are destroyed or disposed of, such destruction or disposal shall be carried out in an environmentally sound manner, taking into account the laws and regulations Relevant sub-regional, regional and global management of hazardous wastes and their disposal, in particular the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal;

(ii)

Seek to ensure that the phase-out of the substances listed in Annex I is carried out within the national territory, taking into account the relevant ecological considerations;

(iii)

Ensure that the transboundary transport of substances listed in Annex I takes place in an environmentally sound manner, taking into account the applicable subregional, regional and global laws and regulations governing the transport of Transboundary movement of hazardous wastes, in particular the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal;

(c)

Reserve the substances listed in Annex II for the uses described in accordance with the implementing regime specified in this Annex.

2. The provisions of para. (b) from s. 1 above shall take effect in respect of each substance on the date on which the production of that substance is terminated or the date on which its use is terminated, whichever is later.

In the case of substances listed in Annex I, II or III, each Party should develop appropriate strategies for determining the articles still used and the wastes containing these substances, and take appropriate measures for That these wastes and items, when they become waste, are destroyed or disposed of in an environmentally sound manner.

4. For purposes of s. 1-3 above, the interpretation of the terms "waste" and "disposal" and the expression "in an environmentally sound manner" must be consistent with that given in the Basel Convention on the Control of Transboundary Movements Of hazardous wastes and their disposal.

5. Each Party shall:

(a)

Shall reduce its total annual emissions of each of the substances listed in Annex III to the level of emissions in a reference year fixed in accordance with this Annex by taking effective measures adapted to its situation Particular;

(b)

No later than within the time limits specified in Annex VI, apply:

(i)

The best available techniques, taking into account Annex V, with respect to each new stationary source entering a category of large stationary sources for which the best available techniques are defined in Annex V;

(ii)

Limit values at least as stringent as those specified in Annex IV in respect of each new fixed source falling within a category set out in this Annex, taking into account Annex V. Any Party may, if not, apply Different emission reduction strategies that generally result in equivalent emission levels;

(iii)

The best available techniques, taking into account Annex V, in respect of each existing stationary source falling into a category of large stationary sources for which the best available techniques are defined in Annex V, Provided that this is technically and economically feasible. Any Party may, if not, implement different emission reduction strategies that generally result in equivalent emission reductions;

(iv)

Limit values at least as stringent as those specified in Annex IV in respect of each existing stationary source falling within a category set out in this Annex, provided that this is technically and economically feasible, in Taking into account Annex V. Any Party may, if not, apply different emission reduction strategies which generally lead to reductions in equivalent emissions;

(v)

Effective measures to combat emissions from mobile sources, taking into account Annex VII.

6. In the case of domestic combustion plants, the obligations set out in subparagraphs (i) and (iii) of para. (b) from s. 5 above apply to all stationary sources of this category as a whole.

7. Any Party which, after applying para. (b) from s. 5 above, fails to comply with the provisions of para. (a) of that subsection for a substance specified in Schedule III, is exempt from its obligations under para. (a) para. 5 above for this substance.

Each Party shall prepare and maintain emission inventories of the substances listed in Annex III and shall assemble the available information concerning the production and sale of the substances listed in Annexes I and II. To this end, Parties within the geographical scope of EMEP use, at a minimum, the methods and the temporal and spatial resolution specified by the EMEP Executive Body and those outside of EMEP Are based on methodologies developed in the framework of the work plan of the Executive Body. Each Party shall communicate such information in accordance with the provisions of Art. 9 below.

1. Le par. 1 of the art. 3 does not apply in the case of quantities of a substance intended for use in laboratory research or as a reference standard.

2. A Party may grant an exemption from paras. (a) and (c) of s. 1 of the art. 3 for a particular substance, provided that the derogation is not granted or used in a manner contrary to the objectives of this Protocol, and that it is used only for the purposes and conditions set out below:

(a)

For research other than those referred to in s. 1 above, provided:

(i)

No appreciable amount of the substance is expected to reach the environment during the intended use and subsequent disposal;

(ii)

The objectives and parameters of such research be evaluated and approved by the Party concerned;

(iii)

That in the event of the release of a significant quantity of a substance in the environment it is immediately terminated, that measures are taken to mitigate the effects of the discharge and that an assessment of the measures of the Containment is carried out prior to any resumption of research;

(b)

To manage, as appropriate, a public health emergency, provided that:

(i)

The Party concerned has no other appropriate means to deal with the situation;

(ii)

The measures taken are proportionate to the scale and severity of the emergency situation;

(iii)

Appropriate precautions are taken to protect health and the environment and to ensure that the substance is not used outside the geographic area affected by the emergency;

(iv)

The derogation is granted for a period not exceeding that of the emergency situation;

(v)

Once the emergency situation has been completed, the remaining stocks of the substance may be subject to the measures set out in par. (b) from s. 1 of the art. 3;

(c)

For a minor application deemed essential by the Party concerned, provided that:

(i)

The exemption is granted for a maximum period of five years;

(ii)

That it has not already been granted by the Party concerned under this Article;

(iii)

There is no satisfactory alternative for the intended use;

(iv)

The Party concerned has made an estimate of the emissions of the substance following the derogation, and their contribution to the total volume of emissions of that substance from the territory of the Parties;

(v)

Appropriate precautions are taken to minimize emissions to the environment;

(vi)

That at the end of the period of application of the derogation, the stocks of the substance which may subsist shall be the subject of the measures provided for in para. (b) from s. 1 of the art. 3.

3. 90 days at the latest after a derogation has been granted under subs. 2 above, each Party shall provide at least the following information to the secretariat:

(a)

The chemical name of the substance covered by the exemption;

(b)

The purpose of the exemption granted;

(c)

The conditions to which the derogation is subject;

(d)

The duration of the exemption;

(e)

The persons or organization who are granted the exemption; and

(f)

With respect to an exemption granted under paras. (a) and (c) of s. 2 above, an estimate of the emissions of the substance following the derogation and an assessment of their contribution to the total volume of emissions of the substance from the territory of the Parties.

The secretariat shall communicate to all Parties information received under subs. 3 above.

The Parties shall, in accordance with their laws, regulations and practices, create conditions conducive to the exchange of information and technologies to reduce the production and emissions of persistent organic pollutants and to allow for the To the point of cost-effective alternatives, with a particular emphasis on:

(a)

Contacts and cooperation between organisations and competent persons who, both in the private sector and in the public sector, are able to provide technology, study and engineering services, equipment or resources Financial;

(b)

Exchange of information and access to information on the development and use of alternatives, as well as on the assessment of the risks to health and the environment posed by these solutions, and the exchange of information and Access to information on the economic and social cost of these alternatives;

(c)

The establishment of lists of their designated authorities carrying out similar activities in other international forums and the periodic updating of such lists;

(d)

The exchange of information on activities carried out in other international fora.

The Parties shall, in accordance with their laws, regulations and practices, promote the dissemination of information to the general public, including individuals who directly use persistent organic pollutants. This may include:

(a)

Information, including through labelling, risk assessment and hazard assessment;

(b)

Information on risk reduction;

(c)

Information to encourage the elimination or reduction of persistent organic pollutants, including, where appropriate, integrated pest management, integrated crop management, and economic impacts And social of such elimination or reduction;

(d)

Information on alternatives that would give up the use of persistent organic pollutants, as well as an assessment of the risks to health and the environment posed by these solutions, and information on Their social and economic impacts.

Each Party, not later than six months after the date of entry into force of this Protocol, shall develop strategies, policies and programmes in order to fulfil its obligations under this Protocol.

2. Each Party shall:

(a)

Encourages the use of environmentally sound management techniques that are economically feasible, including environmentally sound best practices for all aspects of use, production, rejection, Processing, distribution, handling, transport and reprocessing of substances governed by this Protocol and manufactured articles, mixtures or solutions containing such substances;

(b)

Encourages the implementation of other management programmes to reduce emissions of persistent organic pollutants, including voluntary programmes, and the use of economic instruments;

(c)

Consider the adoption of additional policies and measures appropriate to its particular circumstances, including, where appropriate, non-regulatory approaches;

(d)

Makes every effort that is economically feasible to reduce the levels of substances covered by this Protocol that are contained in the form of contaminants in other substances, chemicals or manufactured articles, As soon as the importance of the source has been established;

(e)

Shall take into account, within the framework of its programmes for the evaluation of substances, the characteristics specified in subs. 1 of Decision 1998/2 of the Executive Body on the information to be submitted and the procedures to be followed to add substances to Annex I, II or III, and in any amendment thereto.

3. The Parties may take more stringent measures than those provided for in this Protocol.

The Parties shall encourage research and development, monitoring and cooperation in respect of, inter alia, but not exclusively:

(a)

Emissions, long-range transport and deposition levels and their modelling, existing levels in biological and non-biological environments, the development of procedures to harmonize relevant methods;

(b)

Pathways and inventories of pollutants in representative ecosystems;

(c)

Their health and environmental effects, including the quantification of these effects;

(d)

The best available techniques and practices, including agriculture, and the anti-emission techniques and practices currently employed by Parties or developing countries;

(e)

Methods for considering socio-economic factors for the evaluation of different control strategies;

(f)

An effects-based approach that takes into account relevant information, including those obtained under paras. (a) to (e) above, on the levels of pollutants in the environment, their dissemination pathways and their effects on health and the environment, as measured or modeled, for the development of future control strategies Also take into account economic and technological factors;

(g)

Methods for estimating national emissions and predicting future emissions of the various persistent organic pollutants and assessing how these estimates and forecasts can be used to define future obligations;

(h)

Levels of substances covered by this Protocol that are contained in the form of contaminants in other substances, chemicals or manufactured articles, and the importance of these levels for long-range transport, As well as techniques to reduce levels of these contaminants and, in addition, levels of persistent organic pollutants produced during the life cycle of pentachlorophenol treated wood.

Priority should be given to research on substances that are considered to be the most likely to be proposed for inclusion in accordance with the procedures specified in par. 6 of the art. 14.

1. Subject to its laws to preserve the confidentiality of commercial information:

(a)

Each Party shall, through the Executive Secretary of the Commission, communicate to the Executive Body, at regular intervals established by the Parties meeting within the Executive Body, information on the measures it has taken to Apply this Protocol;

(b)

Each Party within the geographical scope of EMEP shall communicate to EMEP, through the Executive Secretary of the Commission, at regular intervals fixed by the EMEP Steering Body and approved by the Parties to EMEP Session of the Executive Body, information on the levels of emissions of persistent organic pollutants, using at least the methods and the temporal and spatial resolution specified by the EMEP Steering Body. Parties outside the geographical scope of EMEP shall make available to the Executive Body similar information if requested to do so. Each Party shall also provide information on the emission levels of the substances listed in Annex III for the reference year specified in that Annex.

2. The information to be communicated pursuant to para. (a) para. 1 above will be in accordance with the decision on the submission and content of communications, which the Parties will adopt at a session of the Executive Body. The terms of that decision will be reviewed, as appropriate, to determine any additions to the submission or content of the information to be disclosed.

3. In time prior to each annual session of the Executive Body, EMEP provides information on long-range transport and deposition of persistent organic pollutants.

1. To the sessions of the Executive Body, the Parties, in accordance with the provisions of para. (a) para. 2 of the art. 10 of the Convention, review the information provided by Parties, EMEP and other subsidiary bodies, as well as the reports of the Implementation Committee referred to in art. 11 of this Protocol.

2. At the sessions of the Executive Body, the Parties shall regularly review the progress made in the fulfilment of the obligations set out in this Protocol.

3. At the sessions of the Executive Body, the Parties shall consider the extent to which the obligations set forth in this Protocol are sufficient and effective. For these reviews, account will be taken of the best available scientific information on the effects of persistent organic pollutant deposition, assessments of technological progress, developments in the economic situation and The extent to which the obligations concerning the level of emissions are met. The modalities, methods and timing of such reviews shall be adopted by the Parties at a session of the Executive Body. The first such examination shall be completed no later than three years after the entry into force of this Protocol.

Compliance by each Party with its obligations under this Protocol shall be reviewed periodically. The Implementation Committee established by decision 1997/2 adopted by the Executive Body at its fifteenth session shall conduct such reviews and shall report to the Parties meeting within the Executive Body in accordance with the provisions of the annex to that decision and To any amendment relating thereto.

1. In the event of a dispute between two or more Parties 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 their choice. The parties to the dispute shall inform the Executive Body of their dispute.

2. When ratifying, accepting, approving or acceding to this Protocol, or at any time thereafter, a Party that is not a regional economic integration organization may declare in a written instrument submitted to the Depositary that for Any dispute relating to the interpretation or application of the Protocol, it shall recognize as binding (s) Ipso facto And without special agreement one of the following two means of settlement or both in respect of any Party accepting the same obligation:

(a)

Submission of the dispute to the International Court of Justice;

(b)

Arbitration in accordance with the procedures to be adopted by the Parties as soon as possible, at a session of the Executive Body, in an annex on arbitration.

A Party which is a regional economic integration organization may make a statement in the same direction with respect to arbitration in accordance with the procedures referred to in para. (b) above.

3. The declaration made pursuant to s. 2 above shall remain in force until such time as it expires in accordance with its own terms or until the expiration of three months from the date on which a written notification of the revocation of that declaration has been filed with The Depositary.

4. The filing of a new declaration, the notification of the revocation of a declaration or the expiry of a declaration shall in no way affect the proceedings before the International Court of Justice or the arbitral tribunal, unless the parties The dispute does not otherwise agree.

5. Except where the parties to a dispute have accepted the same means of settlement under s. 2, if, upon expiry of a period of twelve months from the date on which a Party has notified another Party of the existence of a dispute between the Parties concerned, the Parties concerned have failed to resolve their dispute by means of the By. 1 above, the dispute, at the request of any of the parties to the dispute, shall be submitted to conciliation.

6. For the purposes of s. 5, a conciliation commission is set up. It shall be composed of members appointed, in equal numbers, by each Party concerned or, where the Parties to the conciliation procedure cause common cause, by all those Parties, and a chairperson selected jointly by the members, Designated. The Panel issues a recommendation that the Parties consider in good faith.

The Annexes to this Protocol shall form an integral part of the Protocol. Annexes V and VII are recommended.

1. Any Party may propose amendments to this Protocol.

2. The proposed amendments shall be submitted in writing to the Executive Secretary of the Commission, who shall communicate them to all Parties. The Parties meeting within the Executive Body shall consider the proposed amendments at its next session, provided that the Executive Secretary has transmitted them to the Parties at least ninety days in advance.

Amendments to this Protocol and Annexes I to IV, VI and VIII shall be adopted by consensus by the Parties present at a session of the Executive Body and shall enter into force in respect of the Parties which have accepted them on the ninetieth day Following the date on which two thirds of the Parties have deposited their instrument of acceptance of these amendments with the Depositary. The amendments shall enter into force in respect of any other Party on the ninetieth day following the date on which the said Party has deposited its instrument of acceptance of the amendments.

4. The amendments to Annexes V and VII shall be adopted by consensus by the Parties present at a session of the Executive Body. At the expiration of a period of ninety days from the date on which the Executive Secretary of the Commission has communicated it to all Parties, any amendment to any of those annexes shall take effect in respect of those Parties that have not No notification to the Depositary in accordance with the provisions of subs. 5 below, provided that at least sixteen Parties have not submitted this notification.

5. Any Party that is unable to approve an amendment to Annexes V or VII shall notify the Depositary in writing within ninety days from the date of the communication of its adoption. The Depositary shall without delay inform all Parties of the receipt of such notification. A Party may at any time substitute an acceptance of its earlier notification and, after the deposit of an instrument of acceptance with the Depositary, the amendment to that annex shall take effect in respect of that Party.

6. If this is a proposal to amend Annex I, II or III by adding a substance to this Protocol:

(a)

The author of the proposal shall provide the Executive Body with the information specified in Executive Body decision 1998/2 and in any amendment thereto; and

(b)

The Parties shall evaluate the proposal in accordance with the procedures set out in Executive Body decision 1998/2 and in any amendment thereto.

7. Any decision to amend Executive Body decision 1998/2 shall be adopted by consensus by the Parties meeting within the Executive Body and shall take effect 60 days after the date of its adoption.

(1) This Protocol shall be open for signature by the Member States of the Commission and by States with consultative status with the Commission under s. 8 of Economic and Social Council resolution 36 (IV) of 28 March 1947, and regional economic integration organizations constituted by sovereign States members of the Commission, having the competence to negotiate, conclude and implement International agreements in the matters covered by the Protocol, provided that the States and organizations concerned are Parties to the Convention, in Aarhus, Denmark, on 24 and 25 June 1998, and then at United Nations Headquarters in New York until December 21, 1998.

2. In matters falling within their competence, regional economic integration organizations shall exercise their rights in their own right and carry out their responsibilities in accordance with the provisions of this Protocol to their member States. In such cases, the Member States of these organisations shall not be entitled to exercise these rights individually.

(1) This Protocol shall be subject to ratification, acceptance or approval by Signatories.

(2) This Protocol shall be open to the accession of States and organizations which fulfil the conditions set out in s. 1 of the art. 15, effective December 21, 1998.

Instruments of ratification, acceptance, approval or accession shall be deposited with the Secretary-General of the United Nations, who shall carry out the functions of Depositary.

(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 with the Depositary.

(2) With respect to each State or organization referred to in s. 1 of the art. 15, which ratifies, accepts or approves this Protocol or accedes thereto after the deposit 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 that Party of its instrument of ratification, acceptance, approval or accession.

At any time after the expiration of a period of five years beginning on the date on which this Protocol entered into force in respect of a Party, that Party may denounce the Protocol by written notification addressed to the Depositary. The denunciation shall take effect on the ninetieth day following the date of receipt of its notification by the Depositary, or at any later date specified in the notification of the denunciation.

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, duly authorized, have signed this Protocol.

Dated at Aarhus (Denmark) on 24 June, nine hundred and ninety-eight.

(Suivent signatures)