Key Benefits:
Original text
(Status on 6 March 2012)
The Parties to this Protocol,
Recalling para. 9 of art. 5 and para. 2 of the art. 10 of the 1998 Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (Aarhus Convention),
Recognizing that pollutant release and transfer registers are an important tool for business empowerment, pollution control and sustainable development, as outlined in the Declaration of Lucca adopted at the first Meeting of the Parties to the Aarhus Convention,
Taking into account Principle 10 of the Rio Declaration on Environment and Development (1992),
Also taking into account the principles and commitments entered into at the United Nations Conference on Environment and Development, held in 1992, in particular the provisions of chap. 19 of Agenda 21,
Taking note of the Programme for the Further Implementation of Agenda 21, adopted by the General Assembly at its nineteenth special session in 1997 and in which it called for, inter alia, capacity-building and capacity-building National collection, processing and dissemination of information in order to make information on global environmental problems more readily available to the public, using appropriate means,
Taking into account the Implementation Plan adopted at the 2002 World Summit on Sustainable Development, which encourages the development of consistent and integrated information on chemicals, including through national registries Emissions and transfers of pollutants,
Taking into account the work of the Intergovernmental Forum on Chemical Safety, in particular the Bahia Declaration on Chemical Safety (2000), the Priorities for Action after 2000 and the Action Plan on Pollutant Release and Transfer Registers Pollutant/emission inventories,
Also taking into account the activities undertaken within the framework of the Inter-Agency Programme for the Sound Management of Chemicals,
Taking into account the work of the Organisation for Economic Co-operation and Development (OECD), in particular the recommendation of the OECD Council on the implementation of pollutant release and transfer registers, in which Member countries are invited to establish and make available to the public national registers of pollutant releases and transfers,
Seeking to establish a mechanism to facilitate the exercise of the right of everyone, in present and future generations, to live in an environment conducive to its health and well-being, by ensuring the establishment of information systems Environment accessible to the public,
Also that the development of such systems should be carried out in accordance with the principles of sustainable development, such as the precautionary approach enshrined in principle 15 of the Rio Declaration on Environment and Development (1992),
Recognizing that the exercise of the rights set out in the Aarhus Convention is linked to the establishment of adequate environmental information systems,
Noting the need to cooperate with other international initiatives on pollutants and waste, in particular the 2001 Stockholm Convention on Persistent Organic Pollutants 1 And the 1989 Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal 2 ,
Recognising that an integrated approach to minimise pollution and the amount of waste resulting from the operation of industrial installations and from other sources is intended to ensure a high level of protection of The environment as a whole, to promote sustainable and environmentally friendly development and to protect the health of present and future generations,
Convinced of the interest of pollutant release and transfer registers in which they see a cost-effective tool to promote better environmental performance and make available to the public Information on pollutants released, transferred or in transit through human communities, and through which public authorities can monitor trends, highlight progress in the fight against pollution, control the Respect for certain international agreements and set priorities and assess progress Achieved within the framework of environmental policies and programmes,
Considering that the establishment of pollutant release and transfer registers can be of real benefit to industry by making it possible to better manage pollutants,
Noting that data recorded in pollutant release and transfer registers, combined with health, environmental, demographic and economic data, or with other relevant types of information, To better understand the problems that may arise, to identify "black spots", to take prevention and mitigation measures, and to set priorities for environmental management,
Recognizing that it is important to protect the privacy of identified or identifiable natural persons when processing the information provided to the pollutant release and transfer registers, in accordance with international standards Applicable to data protection,
Recognizing also the importance of developing systems of national registers of internationally compatible pollutant releases and transfers in order to increase comparability of data,
Noting that many UNECE member States, the European Community and the Parties to the North American Free Trade Agreement are currently collecting data on releases and transfers of pollutants from various sources and Making them available to the public, and taking into account, in particular, the long and valuable experience acquired by certain countries in this field,
Taking into account the various approaches adopted for existing emissions registers and the need to avoid duplication, and recognizing that, as a result, some flexibility is needed,
Urging the progressive development of national pollutant release and transfer registers,
Urging also that linkages be made between the national pollutant release and transfer registers and information systems on other public interest discharges,
Agreed to the following:
The purpose of this Protocol is to promote public access to information through the establishment of consistent and integrated pollutant release and transfer registers (PRTRs) at the national level in accordance with the provisions of this Protocol, Which can facilitate public participation in environmental decision-making and contribute to the prevention and reduction of environmental pollution.
For the purposes of this Protocol,
1. The term "Party" means, in the absence of an indication to the contrary, a State or regional economic integration organization referred to in Art. 24 which has agreed to be bound by this Protocol and for which the Protocol is in force;
2. The term "Convention" means the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters, signed at Aarhus (Denmark) on 25 June 1998;
3. The term "public" means one or more natural or legal persons and, in accordance with national law or practice, associations, organizations or groups constituted by such persons;
4. The term "establishment" means one or more facilities erected on the same site or on adjoining sites that are owned or operated by the same natural or legal person;
5. The term "competent authority" means the national authority or authorities, or any other competent body (s) to which a Party has entrusted the responsibility for the management of a national registry system for releases and transfers Pollutants;
6. The term "pollutant" means a substance or group of substances that can be harmful to the environment or human health because of its properties and its introduction into the environment;
7. The term "discharge" means any introduction of pollutants into the environment resulting from human activity, whether deliberate or accidental and whether it is regular or non-regular, including any discharge, emission, discharge, Injection, discharge or landfilling, or through sewage systems without final wastewater treatment;
8. The term "off-site transfer" means removal out of the limits of the establishment either of pollutants, or of waste, for the purpose of disposal or recovery and of the pollutants present in the waste water intended for treatment;
9. The term "diffuse sources" refers to multiple small or scattered sources from which can be released into the soil, air or water of pollutants whose combined effect on these media may be important, and for It is materially difficult to obtain notification from each individual source;
10. The term "national", when referring to the obligations imposed by this Protocol on regional economic integration organizations, shall be interpreted, unless otherwise specified, as applying to the region concerned;
11. The term "waste" means substances or articles which are:
12. The term "hazardous waste" means waste defined as hazardous by the provisions of national law;
13. The term "other waste" means waste that is not hazardous waste;
14. The term "wastewater" means waters containing substances or articles, which are subject to regulation under national law.
Each Party shall take the necessary legislative, regulatory and other provisions and appropriate implementing measures for the purposes of the application of the provisions of this Protocol.
(2) The provisions of this Protocol shall not affect the right of the Parties to maintain or set up a register of releases and transfers of pollutants that is more extensive or more accessible to the public than that provided for in this Protocol.
Each Party shall take the necessary measures to ensure that, if employees of an establishment or members of the public report to the public authorities a violation by the establishment of national legislation for the implementation of this Protocol, That institution and the public authorities are obliged not to penalise them, persecute or harass them for doing so.
For the purposes of this Protocol, each Party shall follow the precautionary approach enshrined in Principle 15 of the Rio Declaration on Environment and Development (1992).
5. In order to avoid the same data being reported several times, pollutant release and transfer registers systems can be integrated as much as possible to existing information sources, such as notification mechanisms Established under the licensing or operating licence regimes.
6. The Parties shall ensure the convergence of their national pollutant release and transfer registers.
In accordance with this Protocol, each Party shall establish and maintain a national register of pollutant releases and transfers to the public:
Each Party shall ensure that the data recorded in the register referred to in Art. 4 are presented both in aggregate form and in detailed form so that data on releases and transfers can be searched and located by:
2. Each Party shall also ensure that the data can be searched and located according to the diffuse sources that have been incorporated into the register.
Each Party shall design its register taking into account the possibility that it will be expanded in the future and ensuring that the data to be communicated for the ten years prior to the minimum is publicly available.
4. The register shall be designed in such a way as to make it easier for the public to access the public by electronic means such as the Internet. The design of the register also allows, under normal operating conditions, to consult constantly and immediately by electronic means the information recorded in it.
5. Each Party should include in its register links to its relevant, existing and publicly accessible databases on issues related to environmental protection.
6. Each Party shall include in its register links to the pollutant release and transfer registers of other Parties to the Protocol and, where possible, with the pollutant release and transfer registers of other countries.
Each Party shall ensure that its register contains data on:
2. Having assessed the experience acquired in the preparation of national pollutant release and transfer registers and in the implementation of this Protocol, and taking into account relevant international processes, the Meeting of the Parties shall review the notification requirements under this Protocol and consider the following issues in the context of the development of the Protocol:
1. Each Party shall:
(2) Each Party shall make an obligation to the owner or operator of an establishment referred to in s. 1 to submit the information indicated in s. 5 and 6, in accordance with the requirements set out therein, with respect to pollutants and wastes whose thresholds have been exceeded.
3. With a view to achieving the objective of this Protocol, a Party may decide, in the case of a given pollutant, to apply either a release threshold or a manufacturing, processing or use threshold, provided that it contributes to To increase the relevant information on releases or transfers recorded on its register.
4. Each Party shall ensure that its competent authority collects data on releases of pollutants from diffuse sources indicated in s. 7 and 8, to be included in its register, or charges one or more competent bodies or public authorities to collect them.
5. Each Party shall require the owners or operators of establishments subject to notification under subs. 2 to gather and submit to their competent authority the following data for each institution:
6. The information referred to in paras. C-e from s. 5 includes data on releases and transfers, resulting from regular activities or extraordinary events.
7. Each Party shall record in its register, with a suitable degree of spatial disaggregation, information on releases of pollutants from diffuse sources for which it determines that data are being collected by the authorities And they can be incorporated in a practical way. If it determines that such data does not exist, it shall adopt measures to undertake to notify the discharges of relevant pollutants from one or more diffuse sources in accordance with its national priorities.
8. The information referred to in par. 7 includes information on the method used to obtain the information.
Each Party shall ensure that the data to be incorporated in its register is publicly available, collected and recorded in its register by calendar year. The reporting year is the calendar year to which this data relates. For each Party, the first year of notification shall be the calendar year following the entry into force of the Protocol. Notification required under s. 7 is annual. However, the second year of notification may be the second calendar year following the first year of notification.
2. Each Party which is not a regional economic integration organization shall ensure that the data are incorporated in its register within 15 months of the end of each notification year. However, the data from the first year of notification shall be entered in its register within two years from the end of that year.
Each Party which is a regional economic integration organization shall ensure that data corresponding to a particular year of notification are incorporated in its register six months after the Parties that are not Regional economic integration organizations are required to incorporate their own.
Each Party shall make an obligation to the owners or operators of establishments falling within the scope of the provisions of Art. 7 to collect the data necessary to determine, in accordance with s. 2 of this article and with a sufficient frequency, the discharges of the establishment and its transfers out of the site subject to notification under Art. 7 and to retain for the competent authorities the records on the data from which the notified information has been obtained, for a period of five years from the end of the reporting period. In these archives will also be recorded the method used to gather the data.
(2) Each Party shall require the owners or operators of establishments subject to notification under Art. 7 to use the best available information, in particular, monitoring data, emission factors, balance sheet equations, indirect monitoring or other calculations, technical assessments or other Methods. Where applicable, such data or operations shall be obtained, or carried out, in accordance with internationally agreed methods.
Each Party shall require the owners or operators of establishments subject to notification under subs. 1 of the art. 7 ensure the quality of the data they notify.
(2) Each Party shall ensure that the data recorded in its register are subject to quality control by the competent authority, including verification of their completeness, consistency and credibility, Any guidelines that may be established by the Meeting of the Parties.
Each Party shall ensure that the public has access to information recorded in its pollutant release and transfer register without having to be of particular interest and, in accordance with the provisions of this Protocol, Primarily by ensuring that its registry is designed to be directly accessible electronically through public telecommunications networks.
2. If the public cannot easily consult the information recorded in its register by electronic means, each Party shall ensure that its competent authority shall communicate such data on request by any other means Effective, as soon as possible and no later than one month from the date of submission of the application.
Subject to the provisions of subs. 4, each Party shall ensure that access to the information recorded in its register is free of charge.
(4) Each Party may authorize its competent authority to collect a right for the reproduction and sending of the specific information referred to in s. 2, but this right must not exceed a reasonable amount.
5. If the public cannot easily consult the information recorded in its register by electronic means, each Party shall ensure that its register can be consulted by electronic means in places accessible to the public. For example in public libraries, offices of local authorities or other appropriate places.
(1) Each Party may authorize the competent authority to preserve the confidentiality of information recorded in the Register in cases where the disclosure of such information would adversely affect:
The above reasons for the preservation of confidentiality must be interpreted restrictively in the light of the interest that the disclosure of the information requested would present to the public and according to whether such information relates to or Not to releases to the environment.
2. Under para. C from s. 1, any information concerning releases of interest to the protection of the environment may be disclosed in accordance with national law.
3. Where information is not disclosed under s. 1, the register specifies what kind of information has not been made public, for example by providing generic data on chemicals, and for what reason it has not been disclosed.
Each Party shall ensure appropriate opportunities for public participation in the development of its national pollutant release and transfer register, within the framework of its national law.
2. For the purposes of s. 1, each Party shall provide the public with the opportunity to have free access to information concerning the proposed measures for the preparation of its national pollutant transfer and release register and to submit any comments, information, or To analyse and give any opinion which will facilitate the decision-making process, and the competent authority shall take due account of its contribution.
Each Party shall ensure that, once the decision to create or substantially modify its register has been taken, the public is informed in due course of that decision and of the considerations that motivate it.
Each Party shall, within the framework of its national legislation, ensure that any person who considers that his or her request for information under s. 2 of the art. 11 has been ignored, improperly rejected, in whole or in part, or that it has received an insufficient response, or that in any other way it has not been dealt with in accordance with the provisions of that paragraph, has the possibility of forming a Recourse to a judicial proceeding or other independent and impartial body established by law.
2. The requirements set out in par. 1 shall not affect the respective rights and obligations of the parties arising from the applicable agreements in force between them, which deal with the subject matter of this Article.
Each Party shall endeavour to make the public aware of its pollutant release and transfer register and shall provide assistance and advice to the public to consult its register and to understand and use the information contained therein.
2. Each Party should ensure adequate capacity-building and provide appropriate guidance to assist the responsible authorities and bodies in fulfilling their obligations under this Protocol.
The Parties shall cooperate and assist each other, as appropriate:
2. The Parties shall cooperate with each other and shall encourage cooperation with relevant international organizations, as appropriate, with a view to promoting:
1. A Meeting of the Parties shall be established by this paragraph. Its first session shall be convened no later than two years after the date of entry into force of this Protocol. Thereafter, unless the Parties to this Protocol decide otherwise, the Meeting of the Parties shall hold its ordinary sessions immediately after the ordinary meetings of the Parties to the Convention or in parallel with them. The Meeting of the Parties may hold an extraordinary session if it so decides at a regular session or at the written request of a Party, provided that this request is communicated to all Parties by the Executive Secretary of The Economic Commission for Europe and supported by at least one third of those Parties within six months of this communication.
2. The Meeting of the Parties shall continuously monitor the implementation and development of this Protocol on the basis of the information regularly notified by the Parties, and in this regard:
3. The Meeting of the Parties shall facilitate the exchange of data on the experience acquired in the notification of transfers according to the pollutant approach or the waste approach and shall examine these data in order to examine the possibility of converging these Two approaches taking into account the interest of information for the public in accordance with s. 1, and the overall effectiveness of national pollutant release and transfer registers.
4. The United Nations, its specialized agencies and the International Atomic Energy Agency, as well as any State or regional economic integration organization which is entitled under Art. 24 to sign this Protocol but which is not a Party to the Protocol, and any intergovernmental organization that has expertise in areas related to the Protocol shall be allowed to participate as observers To the sessions of the Meeting of the Parties. Their admission and participation shall be governed by the rules of procedure adopted by the Meeting of the Parties.
5. Any non-governmental organization which has competence in matters relating to this Protocol and which has informed the Executive Secretary of the Economic Commission for Europe that it wishes to be represented at A session of the Meeting of the Parties is authorized to participate as an observer unless at least one third of the Parties present raise objections. Their admission and participation shall be governed by the rules of procedure adopted by the Meeting of the Parties.
1. Subject to the provisions of subs. 2, each Party to this Protocol shall have one vote.
2. In matters falling within their competence, regional economic integration organisations shall have, in order to exercise their right to vote, a number of votes equal to the number of their Member States which are Parties. Such organisations shall not exercise their right to vote if their member states exercise theirs, and vice versa.
Annexes to this Protocol shall form an integral part thereof and, unless otherwise expressly provided, any reference to this Protocol shall also constitute a reference to its annexes.
1. Any Party may propose amendments to this Protocol.
(2) Proposals for amendments to this Protocol shall be considered at a session of the Meeting of the Parties.
3. The text of any proposed amendment to this Protocol shall be submitted in writing to the secretariat, which shall communicate it at least six months before the meeting in which the amendment is proposed for adoption by all Parties to the other States and regional economic integration organizations that have agreed to be bound by the Protocol and for which it has not yet entered into force, and to Signatories.
4. The Parties shall make every effort to reach agreement by consensus on any proposed amendments to this Protocol. If all such efforts have remained in vain and no agreement has been reached, the amendment shall be adopted as a last resort by a majority vote of three-fourths of the Parties present and voting.
For the purposes of this Article, the expression "Parties present and voting" means the Parties present at the meeting that issue an affirmative or negative vote.
6. The amendments to this Protocol adopted in accordance with paragraph 1. 4 shall be submitted by the secretariat to the Depositary, which shall circulate them to all Parties, other States and regional economic integration organizations which have agreed to be bound by the Protocol and for which it has not yet entered into And Signatories.
Amendments, other than amendments to an annex, shall enter into force for the Parties which have ratified, accepted or approved the amendments on the ninetieth day following the date of receipt by the Depositary of the instruments of ratification, Acceptance or approval by at least three quarters of those who were parties at the time of adoption. Thereafter, they shall enter into force for any other Party on the ninetieth day following the deposit by that Party of its instrument of ratification, acceptance or approval of the amendments.
8. In the case of an amendment to an annex, any Party which does not accept this amendment shall notify the Depositary in writing within twelve months after the date of its communication by the Depositary. The Depositary shall without delay inform all Parties of the receipt of such notification. A Party may at any time withdraw an earlier notification of non-acceptance, after which the amendment to an annex shall enter into force in respect of that Party.
9. At the end of the twelve-month period from the date of its communication by the Depositary under s. 6, the amendment to an annex shall enter into force in respect of the Parties which have not submitted a notification to the Depositary in accordance with the provisions of subs. 8, provided that, on the date in question, one third of those who were Parties at the time of adoption of the amendment submitted a notification of that nature.
If an amendment to an annex is directly linked to an amendment to this Protocol, the amendment to an annex shall not enter into force until the amendment to this Protocol has entered into force.
The Executive Secretary of the Economic Commission for Europe shall carry out the following secretariat functions under this Protocol:
At its first session, the Meeting of the Parties shall establish, by consensus, procedures and institutional mechanisms for non-judicial, non-confrontational and advisory cooperation in order to assess and promote compliance Of this Protocol and to deal with cases of non-compliance. In establishing such procedures and mechanisms, the Meeting of the Parties shall, inter alia, consider whether it authorizes members of the public to provide information on matters relating to this Protocol.
1. If a dispute arises between two or more Parties concerning the interpretation or application of this Protocol, those Parties shall endeavour to settle the dispute by negotiation or by any other peaceful means of dispute settlement That they consider acceptable.
2. When signing, ratifying, accepting, approving or acceding to this Protocol, or at any time thereafter, a State may serve in writing to the Depositary that, in respect of disputes that have not been resolved in accordance with the terms of s. 1, it agrees to consider as binding one of the following two means of settlement in its relations with any Party accepting the same obligation:
Any regional economic integration organization may make a declaration in the same direction in the area of arbitration in accordance with the procedure referred to in para. B.
3. If the parties to the dispute have accepted the two means of dispute resolution referred to in s. 2, the dispute may be submitted only to the International Court of Justice, unless the parties to the dispute agree otherwise.
This Protocol shall be open for signature in Kiev (Ukraine) from 21 to 23 May 2003 at the fifth Ministerial Conference " Environment for Europe, and then at United Nations Headquarters in New York until 31 December 2003, for all States that are Members of the United Nations as well as regional economic integration organizations constituted by sovereign States Members of the Organization to which member States have given competence In areas governed by this Protocol, in particular for the conclusion of agreements in These areas.
The Secretary-General of the United Nations shall act as the Depositary of this Protocol.
(1) This Protocol shall be subject to the ratification, acceptance or approval of the signatory States and regional economic integration organizations referred to in Art. 24.
(2) This Protocol shall be open for accession by States and regional economic integration organizations referred to in Art. 24 from 1 Er January 2004.
3. Any regional economic integration organization referred to in s. 24 which becomes a Party to this Protocol without any of its member States Party being bound by all the obligations arising from this Protocol. Where one or more member States of such an organization are Parties to this Protocol, that organization and its member States shall agree on their respective responsibilities in the performance of the obligations imposed on them. In such cases, the organisation 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 Art. 24 shall indicate the extent of their competence in relation to the matters dealt with in this Protocol. In addition, these organizations shall inform the Depositary of any significant change in the scope of their jurisdiction.
(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 purposes of s. 1, the instrument deposited by a regional economic integration organization shall not be added to those deposited by the member States of that organisation.
3. With respect to each State or regional economic integration organization 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 following the date of the deposit by that State or organization of its instrument of ratification, acceptance, approval or accession.
No reservations may be made to this Protocol.
At any time after the expiration of a period of three years beginning on the date of entry into force of this Protocol in respect of a Party, that Party may denounce the instrument by written notification addressed to the Depositary. Such denunciation shall take effect on the ninetieth day following the date of receipt of its notification by the Depositary.
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, to that duly authorized, have signed this Protocol.
Done at Kiev, 21 May 2003.
(Suivent signatures)
| N O |
Activity |
Activity threshold (column 1) |
Threshold based on number of employees (column 2) |
| 1. |
Energy Sector |
||
| (a) |
Oil and Gas Refineries |
* |
10 employees |
| (b) |
Gasification and liquefaction facilities |
* |
|
| (c) |
Thermal power plants and other combustion plants |
With a 50 megawatt (MW) heat input |
|
| (d) |
Cokeries |
* |
|
| (e) |
Coal Broers |
With capacity of one tonne per hour |
|
| (f) |
Installations for the manufacture of solid coal and non-fumigant fuels |
* |
|
| 2. |
Metal Production and Processing |
||
| (a) |
Installations for the roasting or sintering of metallic ores (including sulphide ore) |
* |
10 employees |
| (b) |
Installations for the production of cast iron or steel (first or second fusion), in particular continuous casting |
With a capacity of 2.5 tons per hour |
|
| (c) |
Installations for the processing of ferrous metals: |
||
|
With a capacity of 20 tonnes of raw steel per hour |
||
|
With a strike energy of 50 kilojoules per hammer, when the calorific power implemented is greater than 20 MW |
||
|
With a processing capacity of 2 tonnes of raw steel per hour |
||
| (d) |
Ferrous Metal Foundries |
With a production capacity of 20 tonnes per day |
|
| (e) |
Facilities: |
||
|
* |
||
|
With a fusion capacity of 4 tonnes per day for lead and cadmium or 20 tonnes per day for all other metals |
||
| (f) |
Surface treatment facilities for metals and plastics using an electrolytic or chemical process |
When the volume of the tanks assigned to the treatment is equal to 30 m 3 |
|
| 3. |
Mineral Industry |
||
| (a) |
Underground Extraction and Related Operations |
* |
10 employees |
| (b) |
Open Sketching |
Where the area of the site is 25 hectares |
|
| (c) |
Facilities for production: |
||
|
With a production capacity of 500 tonnes per day |
||
|
With a production capacity of more than 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 products |
* |
|
| (e) |
Installations for the manufacture of glass, including those intended for the manufacture of glass fibres |
With a fusion capacity of 20 tonnes per day |
|
| (f) |
Installations for the melting of minerals, including those intended for the production of mineral fibres |
With a fusion capacity of 20 tonnes per day |
|
| (g) |
Installations for the manufacture of ceramic products by cooking, including tiles, bricks (simple or refractory), tiles, sandstones or porcelain |
With a production capacity of 75 tonnes per day, or 4 m capacity 3 And with a stacking density of 300 kg/m 3 By Furnace |
|
| 4. |
Chemical Industry |
||
| (a) |
Chemical installations for industrial manufacture of basic organic chemicals, such as: |
* |
10 employees |
|
|||
|
|||
|
|||
|
|||
|
|||
|
|||
|
|||
|
|||
|
|||
|
|||
|
|||
| (b) |
Chemical installations for industrial manufacture of basic inorganic chemicals, such as: |
* |
|
|
|||
|
|||
|
|||
|
|||
|
|||
| (c) |
Chemical installations for the industrial manufacture of phosphorous, nitrogen or potassium fertilizers (simple or compound fertilizers) |
* |
|
| (d) |
Chemical installations for the industrial manufacture of plant protection products and biocides |
* |
|
| (e) |
Installations using a chemical or biological process for industrial manufacture of basic pharmaceutical products |
* |
|
| (f) |
Installations for the industrial manufacture of explosives and pyrotechnic products |
* |
|
| 5. |
Waste Management and Wastewater |
||
| (a) |
Installations for the incineration, pyrolysis, recovery, chemical treatment or disposal of hazardous waste |
Receiving 10 tonnes per day |
10 employees |
| (b) |
Municipal Waste Incineration Facilities |
With a capacity of 3 tons per hour |
|
| (c) |
Non-hazardous waste disposal facilities |
With a capacity of 50 tonnes per day |
|
| (d) |
Wastes (excluding inert waste landfills) |
Receiving 10 tonnes per day or with a total capacity of 25,000 tonnes |
|
| (e) |
Installations for the disposal or recycling of animal carcasses and waste |
With a processing capacity of 10 tonnes per day |
|
| (f) |
Municipal wastewater treatment facilities |
With a capacity of 100,000 equivalent-inhabitants |
|
| (g) |
Self-contained industrial wastewater treatment plants derived from one or more of the activities listed in this annex |
With a capacity of 10,000 m 3 Per day |
|
| 6. |
Manufacture and processing of paper and wood |
||
| (a) |
Industrial plants for making paper pulp from wood or other fibrous materials |
* |
10 employees |
| (b) |
Industrial installations for the manufacture of paper and paperboard and other products derived from wood (such as agglomerated, fibre panel or plywood) |
With a production capacity of 20 tonnes per day |
|
| (c) |
Industrial plants for the conservation of wood and wood products by means of chemicals |
With a capacity of 50 m 3 Per day |
|
| 7. |
Intensive farming and aquaculture |
||
| (a) |
Installations for the intensive farming of poultry or pigs |
|
10 employees |
|
|||
|
|||
| (b) |
Intensive Aquaculture |
1000 tonnes of fish and shellfish per year |
|
| 8. |
Animal and vegetable products derived from the food industry and beverages |
||
| (a) |
Slaughter |
With a carcass production capacity of 50 tonnes per day |
10 employees |
| (b) |
Processing and processing for the manufacture of food and beverage products from: |
||
|
With a production capacity of 75 tonnes of finished products per day |
||
|
With a production capacity of 300 tonnes per day (average value on a quarterly basis) |
||
| (c) |
Milk processing and processing |
With a quantity of milk received equal to 200 tonnes per day (average value on an annual basis) |
|
| 9. |
Other activities |
||
| (a) |
Installations for processing (washing, bleaching, mercerizing) or dyeing of fibres or textiles |
With a processing capacity of 10 tonnes per day |
10 employees |
| (b) |
Tanneries |
With a processing capacity of 12 tonnes of finished products per day |
|
| (c) |
Installations for the treatment of surfaces of materials, articles or products, and using the use of organic solvents, in particular for the operations of finishing, printing, coating, degreasing, waterproofing, Gluing, painting, cleaning or impregnating |
With a consumption capacity of 150 kg per hour or 200 tonnes per year |
|
| (d) |
Installations for the manufacture of carbon (hard coal) or of electrographite by combustion or graphic |
* |
|
| (e) |
Installations for the construction, painting or stripping of vessels |
With a boat capacity of 100 m long |
Explanatory Notes:
Column 1 indicates the activity thresholds referred to in subs. 1 (a) of Art. 7.
The asterisk (*) indicates that no activity threshold is applicable (all facilities are subject to notification).
Column 2 indicates the threshold based on the number of employees referred to in s. 1 (b) of Art. 7.
"10 employees" means the equivalent of 10 full-time employees.
| N O |
CAS number |
Pollutant |
Reject threshold (column 1) |
Off-site pollutant transfer threshold (column 2) |
Manufacturing, Processing, or Use Threshold (Column 3) |
||
| In the atmosphere (column 1a) |
In water (column 1b) |
In the ground (column 1c) |
|||||
| (kg/yr) |
(kg/yr) |
(kg/yr) |
(kg/yr) |
(kg/yr) |
|||
| 1 |
74-82-8 |
Methane (CH 4 ) |
100,000 |
- |
- |
- |
* |
| 2 |
630-08-0 |
Carbon Monoxide (CO) |
500,000 |
- |
- |
- |
* |
| 3 |
124-38-9 |
Carbon dioxide (CO 2 ) |
100 Mios. |
- |
- |
- |
* |
| 4 |
Hydrofluorocarbons (HFCs) |
100 |
- |
- |
- |
* |
|
| 5 |
10024-97-2 |
Nitrogen oxide (N 2 O) |
10,000 |
- |
- |
- |
* |
| 6 |
7664-41-7 |
Ammonia (NH 3 ) |
10,000 |
- |
- |
- |
10,000 |
| 7 |
Volatile organic compounds other than methane (COVNM) |
100,000 |
- |
- |
- |
* |
|
| 8 |
Nitrogen Oxides (NO X /NO 2 ) |
100,000 |
- |
- |
- |
* |
|
| 9 |
Perfluorocarbons |
100 |
- |
- |
- |
* |
|
| 10 |
2551-62-4 |
Sulphur hexafluoride (SF 6 ) |
50 |
- |
- |
- |
* |
| 11 |
Sulphur Oxides (SO X /SO 2 ) |
150,000 |
- |
- |
- |
* |
|
| 12 |
Total Nitrogen |
- |
50,000 |
50,000 |
10,000 |
10,000 |
|
| 13 |
Total Phosphorus |
- |
5,000 |
5,000 |
10,000 |
10,000 |
|
| 14 |
Hydrochlorofluorocarbons (HCFCs) |
1 |
- |
- |
100 |
10,000 |
|
| 15 |
Chlorofluorocarbons (CFCs) |
1 |
- |
- |
100 |
10,000 |
|
| 16 |
Halons |
1 |
- |
- |
100 |
10,000 |
|
| 17 |
7440-38-2 |
Arsenic and compounds (As) |
20 |
5 |
5 |
50 |
50 |
| 18 |
7440-43-9 |
Cadmium and compounds (Cd) |
10 |
5 |
5 |
5 |
5 |
| 19 |
7440-47-3 |
Chromium and compounds (in Cr) |
100 |
50 |
50 |
200 |
10,000 |
| 20 |
7440-50-8 |
Copper and compounds (in Cu) |
100 |
50 |
50 |
500 |
10,000 |
| 21 |
7439-97-6 |
Mercury and compounds (in Hg) |
10 |
1 |
1 |
5 |
5 |
| 22 |
7440-02-0 |
Nickel and compounds (Ni) |
50 |
20 |
20 |
500 |
10,000 |
| 23 |
7439-92-1 |
Lead and compounds (Pb) |
200 |
20 |
20 |
50 |
50 |
| 24 |
7440-66-6 |
Zinc and compounds (in Zn) |
200 |
100 |
100 |
5,000 |
10,000 |
| 25 |
15972-60-8 |
Alachlor |
- |
1 |
1 |
5 |
10,000 |
| 26 |
309-00-2 |
Aldrin |
1 |
1 |
1 |
1 |
1 |
| 27 |
1912-24-9 |
Atrazine |
- |
1 |
1 |
5 |
10,000 |
| 28 |
57-74-9 |
Chlordane |
1 |
1 |
1 |
1 |
1 |
| 29 |
143-50-0 |
Chlordecone |
1 |
1 |
1 |
1 |
1 |
| 30 |
470-90-6 |
Chlorfenvinphos |
- |
1 |
1 |
5 |
10,000 |
| 31 |
85535-84-8 |
Chloroalkanes, C 10 -C 13 |
- |
1 |
1 |
10 |
10,000 |
| 32 |
2921-88-2 |
Chlorpyrifos |
- |
1 |
1 |
5 |
10,000 |
| 33 |
50-29-3 |
PTE |
1 |
1 |
1 |
1 |
1 |
| 34 |
107-06-2 |
1,2-dichloroethane (EDC) |
5,000 |
10 |
10 |
100 |
10,000 |
| 35 |
75-09-2 |
Dichloromethane (DCM) |
5,000 |
10 |
10 |
100 |
10,000 |
| 36 |
60-57-1 |
Dieldrin |
1 |
1 |
1 |
1 |
1 |
| 37 |
330-54-1 |
Diuron |
- |
1 |
1 |
5 |
10,000 |
| 38 |
115-29-7 |
Endosulphan |
- |
1 |
1 |
5 |
10,000 |
| 39 |
72-20-8 |
Endrin |
1 |
1 |
1 |
1 |
1 |
| 40 |
Halogenated organic compounds (AOX) |
- |
5,000 |
5,000 |
5,000 |
10,000 |
|
| 41 |
76-44-8 |
Heptachlor |
1 |
1 |
1 |
1 |
1 |
| 42 |
118-74-1 |
HCB (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) |
10 |
1 |
1 |
1 |
10 |
| 45 |
58-89-9 |
Lindane |
1 |
1 |
1 |
1 |
1 |
| 46 |
2385-85-5 |
Mirex |
1 |
1 |
1 |
1 |
1 |
| 47 |
PCDD + PCDFs (dioxins + furans) (in Teq) |
0.001 |
0.001 |
0.001 |
0.001 |
0.001 |
|
| 48 |
608-93-5 |
Pentachlorobenzene |
1 |
1 |
1 |
5 |
50 |
| 49 |
87-86-5 |
Pentachlorophenol (PCP) |
10 |
1 |
1 |
5 |
10,000 |
| 50 |
1336-36-3 |
Polychlorinated Biphenyls (PCBs) |
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 |
- |
- |
5,000 |
10,000 |
| 53 |
56-23-5 |
Tetrachloromethane (TCM) |
100 |
- |
- |
5,000 |
10,000 |
| 54 |
12002-48-1 |
Trichlorobenzenes (TCB) |
10 |
- |
- |
5,000 |
10,000 |
| 55 |
71-55-6 |
1,1,1-trichloroethane |
100 |
- |
- |
5,000 |
10,000 |
| 56 |
79-34-5 |
1,1,2,2-tetrachloroethane |
50 |
- |
- |
5,000 |
10,000 |
| 57 |
79-01-6 |
Trichloroethylene |
2,000 |
- |
- |
5,000 |
10,000 |
| 58 |
67-66-3 |
Trichloromethane |
500 |
- |
- |
5,000 |
10,000 |
| 59 |
8001-35-2 |
Toxaphene |
1 |
1 |
1 |
1 |
1 |
| 60 |
75-01-4 |
Vinyl chloride |
5,000 |
10 |
10 |
100 |
10,000 |
| 61 |
120-12-7 |
Anthracene |
50 |
1 |
1 |
50 |
50 |
| 62 |
71-43-2 |
Benzene |
5,000 |
200 (in BTEX) A |
200 (in BTEX) A |
2,000 (in BTEX) A |
10,000 |
| 63 |
Brominated Diphenyl Ethers (PBDEs) |
- |
1 |
1 |
5 |
10,000 |
|
| 64 |
Nonylphenol Ethoxylates (NP/NPEs) and Associated Substances |
- |
1 |
1 |
5 |
10,000 |
|
| 65 |
100-41-4 |
Ethylbenzene |
- |
200 (in BTEX) A |
200 (in BTEX) A |
2,000 (in BTEX) A |
10,000 |
| 66 |
75-21-8 |
Ethylene oxide |
5,000 |
10 |
10 |
100 |
10,000 |
| 67 |
34123-59-6 |
Isoproturon |
- |
1 |
1 |
5 |
10,000 |
| 68 |
91-20-3 |
Naphthalene |
100 |
10 |
10 |
100 |
10,000 |
| 69 |
Organotin compounds (in 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 (in C total) |
- |
20 |
20 |
200 |
10,000 |
| 72 |
Polycyclic aromatic hydrocarbons (PAHs) B |
50 |
5 |
5 |
50 |
50 |
|
| 73 |
108-88-3 |
Toluene |
- |
200 (in BTEX) A |
200 (in BTEX) A |
2,000 (in BTEX) A |
10,000 |
| 74 |
Tributyltin and compounds |
- |
1 |
1 |
5 |
10,000 |
|
| 75 |
Triphenyltin and compounds |
- |
1 |
1 |
5 |
10,000 |
|
| 76 |
Total organic carbon (in total C, or DCO/3) |
- |
50,000 |
- |
- |
** |
|
| 77 |
1582-09-8 |
Trifluralin |
- |
1 |
1 |
5 |
10,000 |
| 78 |
1330-20-7 |
Xylenes |
- |
200 (in BTEX) A |
200 (in BTEX) A |
2,000 (in BTEX) A |
10,000 |
| 79 |
Chloride (total Cl) |
- |
2 Mios. |
2 Mios. |
2 Mios. |
10,000 C |
|
| 80 |
Chlorine and inorganic compounds (HCl) |
10,000 |
- |
- |
- |
10,000 |
|
| 81 |
1332-21-4 |
Asbestos |
1 |
1 |
1 |
10 |
10,000 |
| 82 |
Cyanide (total CN) |
- |
50 |
50 |
500 |
10,000 |
|
| 83 |
Fluorides (total F) |
- |
2,000 |
2,000 |
10,000 |
10,000 C |
|
| 84 |
Fluoride and inorganic compounds (in HF) |
5,000 |
- |
- |
- |
10,000 |
|
| 85 |
74-90-8 |
Hydrogen Cyanide (HCN) |
200 |
- |
- |
- |
10,000 |
| 86 |
Particulates (PM 10 ) |
50,000 |
- |
- |
- |
* |
|
| A |
Each of the pollutants is subject to notification if the threshold for BTEX substances (sum of benzene, toluene, ethylbenzene and xylene) is exceeded. |
||||||
| B |
Polycyclic aromatic hydrocarbons (PAHs) to be measured are benzo (a) pyrene (50-32-8), benzo (b) fluoranthene (205-99-2), benzo (k) fluorenthene (207-08-9), and indeno (1,2,3-cd) pyrene (193-39-5) (as set out in the Protocol on Persistent organic pollutants to the Convention on Long-range Transboundary Air Pollution). |
||||||
| C |
Expressed as inorganic compounds. |
||||||
Explanatory Notes:
The CAS number of the pollutant refers to the specific identifier of the Chemical Abstracts Service.
Column 1 indicates the thresholds referred to in paras. A i and iv of s. 1 of the art. 7. If the threshold in one of the subcolumns (atmosphere, water or soil) is exceeded, the Parties that have opted for the notification system described in para. A from s. 1 of the art. 7, are required to notify, for the facility concerned, the releases or, in the case of pollutants present in waste water intended for treatment, the transfers in the environment corresponding to that sub-column.
Column 2 indicates the thresholds referred to in par. A ii du par. 1 of the art. 7. If the threshold in this column is exceeded for a given pollutant, the Parties that have opted for the notification system described in para. A ii du par. 1 of the art. 7 are required to notify the off-site transfer of this pollutant for the facility concerned.
Column 3 indicates the thresholds referred to in par. B at par. 1 of the art. 7. If the threshold in this column is exceeded for a given pollutant, the Parties that have opted for the notification system described in para. B at par. 1 of the art. 7 are required to notify releases and transfers out of the site of this pollutant for the facility concerned.
A dash (-) indicates that the parameter in question does not entail a notification requirement.
An asterisk (*) indicates that, for this pollutant, the discharge threshold specified in column 1 (a) should be applied to a manufacturing, processing or use threshold.
A double asterisk (**) indicates that, for this pollutant, the discharge threshold specified in column 1 (b) should be applied to a manufacturing, processing or use threshold.
Disposal Operations ("E")
Recovery Operations ("R")
1. In case of dispute submitted for arbitration pursuant to subs. 2 of the art. 23 of this Protocol, one or more parties shall notify the other or the other parties to the dispute by diplomatic means and to the secretariat, the subject of the dispute and shall specify, inter alia, the articles of this Protocol of which The interpretation or application is at issue. The secretariat shall forward the information received to all Parties to this Protocol.
2. The arbitral tribunal shall consist of three members. The applicant (s) and the other or the other parties to the dispute shall appoint an arbitrator and the two arbitrators thus appointed shall designate by common accord the third arbitrator, who shall preside over the arbitral tribunal. The latter is not a national of one of the parties to the dispute, does not have his usual place of residence in the territory of one of those parties, is not employed by any of them and has not dealt with that matter in the exercise of any Other function.
3. If the President of the arbitral tribunal has not been appointed within two months after the appointment of the second arbitrator, the Executive Secretary of the Economic Commission for Europe, acting at the request of either party to the dispute, Designates the President within two months.
4. If one of the parties to the dispute did not appoint an arbitrator within two months of the notification referred to in s. 1, the other party may inform the Executive Secretary of the Economic Commission for Europe, and the latter shall appoint the President of the arbitral tribunal within a further period of two months. At the time of this appointment, the Chairman of the arbitral tribunal shall ask the party who has not appointed an arbitrator to do so within two months. If the appointment did not take place within that period, the President shall inform the Executive Secretary of the Economic Commission for Europe which shall make the appointment within a further period of two months.
5. The arbitral tribunal shall take its decision in accordance with international law and the provisions of this Protocol.
6. Any arbitral tribunal established under the provisions described in this Annex shall establish its own rules of procedure.
7. The decisions of the arbitral tribunal, in matters of procedure and on matters of substance, shall be taken by a majority of its members.
8. The court may take all necessary measures to establish the facts.
9. The parties to the dispute shall facilitate the task of the arbitral tribunal and in particular by using all means at their disposal:
10. The parties and the arbitrators shall protect the confidentiality of all information which they receive under the seal of secrecy during the proceedings of the arbitral tribunal.
11. The arbitral tribunal may, at the request of one of the parties, recommend interim measures of protection.
12. If one of the parties to the dispute does not appear before the arbitral tribunal or does not assert its means, the other party may ask the court to continue its work and make its final decision. The fact that a party does not appear or does not assert its means is not an end to non-receipt. Before making its final decision, the arbitral tribunal must establish that the application is valid in fact and in law.
13. The arbitral tribunal may hear and establish counterclaims directly related to the subject-matter of the dispute.
Unless the arbitral tribunal decides otherwise because of the particular circumstances of the case, the costs of the court, including the remuneration of its members, shall be borne equally by the parties to the dispute. The court shall keep track of all expenses incurred by the court and provide a final statement to the parties.
15. Any Party to this Protocol which has an interest of a legal nature in the matter which is the subject of the dispute, and which may be affected by a decision in that case, may intervene in the proceedings with the consent of the court.
16. The arbitral tribunal shall render its award within five months after the date on which it is established, unless it considers it necessary to extend that period for a period not exceeding five months.
17. The award of the arbitral tribunal shall be accompanied by a statement of reasons. It is final and binding on all parties to the dispute. The award shall be transmitted by the arbitral tribunal to the parties to the dispute and to the secretariat. The secretariat shall forward the information received to all Parties to this Protocol.
18. Any dispute that may arise between the parties in respect of the interpretation or enforcement of the award may be submitted by either party to the arbitral tribunal or, if it cannot be seized, by the arbitral tribunal. Other court constituted for that purpose in the same manner as the first.
| States Parties |
Ratification Accession (A) |
Entry into force |
||
| Albania |
June 16 |
2009 A |
8 October |
2009 |
| Germany |
August 28 |
2007 |
8 October |
2009 |
| Austria |
23 March |
2010 |
21 June |
2010 |
| Belgium * |
12 March |
2009 |
8 October |
2009 |
| Bulgaria |
15 January |
2010 |
15 April |
2010 |
| Croatia |
July 14 |
2008 |
8 October |
2009 |
| Denmark * A |
13 October |
2008 |
8 October |
2009 |
| Spain |
24 September |
2009 |
December 23 |
2009 |
| Estonia |
August 15 |
2007 |
8 October |
2009 |
| Finland |
April 21 |
2009 |
8 October |
2009 |
| France * |
10 July |
2009 |
8 October |
2009 |
| Hungary |
July 13 |
2009 |
11 October |
2009 |
| Latvia |
24 April |
2008 |
8 October |
2009 |
| Lithuania |
March 5 |
2009 |
8 October |
2009 |
| Luxembourg |
7 February |
2006 |
8 October |
2009 |
| Macedonia |
2 November |
2010 |
31 January |
2011 |
| Norway |
27 June |
2008 |
8 October |
2009 |
| Netherlands |
February 11 |
2008 |
8 October |
2009 |
| Portugal |
8 October |
2009 |
6 January |
2010 |
| Czech Republic |
August 12 |
2009 |
10 November |
2009 |
| Romania |
26 August |
2009 |
24 November |
2009 |
| United Kingdom |
July 31 |
2009 |
29 October |
2009 |
| Serbia * |
23 November |
2011 |
21 February |
2012 |
| Slovakia |
1 Er April |
2008 A |
8 October |
2009 |
| Slovenia |
April 23 |
2010 |
July 22 |
2010 |
| Sweden |
15 October |
2008 |
8 October |
2009 |
| Switzerland |
April 27 |
2007 |
8 October |
2009 |
| European Union * |
21 February |
2006 |
8 October |
2009 |
| * |
Reservations and declarations. Reservations and declarations are not published in the RO. The texts in English and French can be found at the United Nations Internet site: http://treaties.un.org/ or obtained from the Directorate of Public International Law (DDIP), International Treaty Section, 3003 Berne. |
|||
| A |
The Protocol does not apply to the Faroe Islands and Greenland. |
|||
1 RO 2009 5168 And 2012 1665. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).
