معلومات الدخول المتعلقة بالاتفاقات البيئية المتعددة الأطراف

The objective of the present Protocol is to control emissions of heavy metals caused by anthropogenic activities that are subject to long-range transboundary atmospheric transport and are likely to have significant adverse effects on human health or the environment, in accordance with the provisions of the following articles.

1. Each Party shall reduce its total annual emissions into the atmosphere of each of the heavy metals listed in annex I from the level of the emission in the reference year set in accordance with that annex by taking effective measures, appropriate to its particular circumstances.

2. Each Party shall, no later than the timescales specified in annex IV, apply:

(a) The best available techniques, taking into consideration annex III, to each new stationary source within a major stationary source category for which annex III identifies best available techniques;

(b) The limit values specified in annex V to each new stationary source within a major stationary source category. A Party may, as an alternative, apply different emission reduction strategies that achieve equivalent overall emission levels;

(c) The best available techniques, taking into consideration annex III, to each existing stationary source within a major stationary source category for which annex III identifies best available techniques. A Party may, as an alternative, apply different emission reduction strategies that achieve equivalent overall emission reductions;

(d) The limit values specified in annex V to each existing stationary source within a major stationary source category, insofar as this is technically and economically feasible. A Party may, as an alternative, apply different emission reduction strategies that achieve equivalent overall emission reductions.

2 bis. A Party that was already a Party to the present Protocol prior to the entry into force of an amendment that introduces new source categories may apply the limit values applicable to an “existing stationary source” to any source in such a new category the construction or substantial modification of which is commenced before the expiry of two years from the date of entry into force of that amendment for that Party, unless and until that source later undergoes substantial modification.

2 ter. A Party that was already a Party to the Present Protocol prior to the entry into force of an amendment that introduces new limit values applicable to a “new stationary source” may continue to apply the previously applicable limit values to any source the construction or substantial modification of which is commenced before the expiry of two years from the date of entry into force of that amendment for that Party, unless and until that source later undergoes substantial modification.

3. Each Party shall apply product control measures in accordance with the conditions and timescales specified in annex VI.

4. Each Party should consider applying additional product management measures, taking into consideration annex VII.

5. Each Party shall develop and maintain emission inventories for the heavy metals listed in annex I, for those Parties within the geographical scope of EMEP, using as a minimum the methodologies specified by the Steering Body of EMEP, and, for those Parties outside the geographical scope of EMEP, using as guidance the methodologies developed through the work plan of the Executive Body.

6. A Party that, after applying paragraphs 2 and 3 above, cannot achieve the requirements of paragraph 1 above for a heavy metal listed in annex I, shall be exempted from its obligations in paragraph 1 above for that heavy metal.

7. Any Party whose total land area is greater than 6,000,000 km2 shall be exempted from its obligations in paragraphs 2 (b), (c), and (d) above, if it can demonstrate that, no later than eight years after the date of entry into force of the present Protocol, it will have reduced its total annual emissions of each of the heavy metals listed in annex I from the source categories specified in annex II by at least 50 per cent from the level of emissions from these categories in the reference year specified in accordance with annex I. A Party that intends to act in accordance with this paragraph shall so specify upon signature of, or accession to, the present Protocol.

1. The Parties shall, in a manner consistent with their laws, regulations and practices, facilitate the exchange of technologies and techniques designed to reduce emissions of heavy metals, including but not limited to exchanges that encourage the development of product management measures and the application of best available techniques, in particular by promoting:

(a) The commercial exchange of available technology;

(b) Direct industrial contacts and cooperation, including joint ventures;

(c) The exchange of information and experience; and

(d) The provision of technical assistance.

2. In promoting the activities specified in paragraph 1 above, the Parties shall create favourable conditions by facilitating contacts and cooperation among appropriate organizations and individuals in the private and public sectors that are capable of providing technology, design and engineering services, equipment or finance.

1. Each Party shall develop, without undue delay, strategies, policies and programmes to discharge its obligations under the present Protocol.

2. A Party may, in addition:

(a) Apply economic instruments to encourage the adoption of cost-effective approaches to the reduction of heavy metal emissions;

(b) Develop government/industry covenants and voluntary agreements;

(c) Encourage the more efficient use of resources and raw materials;

(d) Encourage the use of less polluting energy sources;

(e) Take measures to develop and introduce less polluting transport systems;

(f) Take measures to phase out certain heavy metal emitting processes where substitute processes are available on an industrial scale;

(g) Take measures to develop and employ cleaner processes for the prevention and control ofpollution.

3. The Parties may take more stringent measures than those required by the present Protocol.

(a) Emissions, long-range transport and deposition levels and their modelling, existing levels in the biotic and abiotic environment, the formulation of procedures for harmonizing relevant methodologies;

(b) Pollutant pathways and inventories in representative ecosystems;

(c) Relevant effects on human health and the environment, including quantification of those effects;

(d) Best available techniques and practices and emission control techniques currently employed by the Parties or under development;

(e) Collection, recycling and, if necessary, disposal of products or wastes containing one or more heavy metals;

(f) Methodologies permitting consideration of socio-economic factors in the evaluation of alternative control strategies;

(g) An effects-based approach which integrates appropriate information, including information obtained under subparagraphs (a) to (f) above, on measured or modelled environmental levels, pathways, and effects on human health and the environment, for the purpose of formulating future optimized control strategies which also take into account economic and technological factors;

(h) Alternatives to the use of heavy metals in products listed in annexes VI and VII;

(i) Gathering information on levels of heavy metals in certain products, on the potential for emissions of those metals to occur during the manufacture, processing, distribution in commerce, use, and disposal of the product, and on techniques to reduce such emissions

1. Subject to its laws governing the confidentiality of 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 measures that it has taken to implement the present Protocol;

(b) Each Party within the geographical scope of EMEP shall 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 emissions of the heavy metals listed in annex I, using as a minimum the methodologies and the temporal and spatial resolution specified by the Steering Body of EMEP. Parties in areas outside the geographical scope of EMEP shall make available similar information to the Executive Body if requested to do so. In addition, each Party shall, as appropriate, collect and report relevant information relating to its emissions of other heavy metals, taking into account the guidance on the methodologies and the temporal and spatial resolution of the Steering Body of EMEP and the Executive Body.

2. The information to be reported in accordance 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 necessary to identify any additional elements 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 heavy metals.

EMEP shall, using appropriate models and measurements and in good time before each annual session of the Executive Body, provide to the Executive Body calculations of transboundary fluxes and depositions of heavy metals within the geographical scope of EMEP. In areas outside the geographical scope of EMEP, models appropriate to the particular circumstances of Parties to the Convention shall be used.

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 as its fifteenth session shall carry out such reviews and report to the Parties meeting within the Executive Body in accordance with the terms of the annex to that decision, including any amendments thereto.

1. The Parties shall, at sessions of the Executive Body, pursuant 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 9 of the present Protocol.

2. The Parties shall, at sessions of the Executive Body, keep under review the progress made towards meeting 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.

(a) Such reviews will take into account the best available scientific information on the effects of the deposition of heavy metals, assessments of technological developments, and changing economic conditions;

(b) Such reviews will, in the light of the research, development, monitoring and cooperation undertaken under the present Protocol:

(i) Evaluate progress towards meeting the objective of the present Protocol;

(ii) Evaluate whether additional emission reductions beyond the levels required by this Protocol are warranted to reduce further the adverse effects on human health or the environment; and

(iii) Take into account the extent to which a satisfactory basis exists for the application of an effects-based approach;

(c) The procedures, methods and timing for such reviews shall be specified by the Parties at a session of the Executive Body

4. The Parties shall, based on the conclusion of the reviews referred to in paragraph 3 above and as soon as practicable after completion of the review, develop a work plan on further steps to reduce emissions into the atmosphere of the heavy metals listed in annex I.

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 any time 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 ipso facto and without special agreement, in relation to any Party accepting the same obligation:

(a) Submission of the dispute to the International Court of Justice;

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

A Party which is a regional economic integration organization may make a declaration with like effect in relation to arbitration in accordance 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 accordance 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 affect proceedings pending before the International Court of Justice or the arbitral 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 paragraph 1 above, the dispute shall be submitted, at the request of any of the parties to the dispute, to conciliation.

6. For the purpose of paragraph 5, a conciliation commission shall be created. The commission shall be composed of equal numbers of members appointed by each Party concerned or, where the Parties in conciliation share the same interest, by the group sharing that interest, and a chairman chosen jointly by the members so appointed. The commission shall render a recommendatory award, which the Parties shall consider in good faith.

The annexes to the present Protocol shall form an integral part of the Protocol. Annexes III and VII are recommendatory in character.

1. Any Party may propose amendments to the present Protocol.

2. 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 discuss the proposed amendments at its next session, 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 annexes 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 date on which two thirds of the Parties have deposited with the Depositary their instruments of acceptance thereof. 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 annexes 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 accordance with the provisions of paragraph 5 below, provided that at least sixteen Parties have not submitted such a notification.

6. In the case of a proposal to amend annex I, II, or III by adding a substance to the present Protocol:

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.

(a) The proposer shall provide the Executive Body with the information specified in Executive Body decision 1998/2, including any amendments thereto; and

(b) The Parties shall evaluate the proposal in accordance with the procedures set forth in Executive Body decision 1998/2, including any amendments thereto.

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.

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 pursuant to paragraph 8 of Economic and Social Council resolution 36 (IV) of 28 March 1947, and by regional economic integration organizations, 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.

1. The present Protocol shall be subject to ratification, acceptance or approval by Signatories. 

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.

The instruments of ratification, acceptance, approval or accession shall be deposited with the Secretary-General of the United Nations, who will perform the functions of Depositary.

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 14, paragraph 1, which ratifies, accepts or approves the present 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 deposit by such Party of its instrument of ratification, acceptance, approval or accession.

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 withdrawal 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 withdrawal.

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 thereto, have signed the present Protocol.

DONE at Aarhus(Denmark), this twenty-fourth day of June, one thousand hundred and ninety-eight.

Heavy metal	Reference year
Cadmium (Cd)	1990; or an alternative year from 1985 to 1995 inclusive, specified by a  Party upon ratification, acceptance, approval or accession.
Lead (Pb)	1990; or an alternative year from 1985 to 1995 inclusive, specified by a  Party upon ratification, acceptance, approval or accession.
Mercury (Hg)	1990; or an alternative year from 1985 to 1995 inclusive, specified by a  Party upon ratification, acceptance, approval or accession.

1. Installations or parts of installations for research, development and the testing of new products and processes are not covered by this annex.

2. The threshold values given below generally refer to production capacities or output. Where one operator carries out several activities falling under the same subheading at the same installation or the same site, the capacities of such activities are added together.

II. LIST OF CATEGORIES

I. INTRODUCTION

Category	Description of the category
1	Combustion installations with a net rated thermal input exceeding 50 MW
2	Metal ore (including sulphide ore) or concentrate roasting or sintering installations with a capacity exceeding 150 tonnes of sinter per day for ferrous ore or concentrate, and 30 tonnes of sinter per day for the roasting of copper, lead or zinc, or any gold and mercury ore treatment.
3	Installations for the production of pig-iron or steel (primary or secondary fusion, including electric arc furnaces) including continuous casting, with a capacity exceeding 2.5 tonnes per hour.
4	Ferrous metal foundries with a production capacity exceeding 20 tonnes per day.
5	Installations for the production of copper, lead and zinc from ore, concentrates or secondary raw materials by metallurgical processes with a capacity exceeding 30 tonnes of metal per day for primary installations and 15 tonnes of metal per day for secondary installations, or for any primary production of mercury.
6	Installations for the smelting (refining, foundry casting, etc.), including the alloying, of copper, lead and zinc, including recovered products, with a melting capacity exceeding 4 tonnes per day for lead or 20 tonnes per day for copper and zinc.
7	Installations for the production of cement clinker in rotary kilns with a production capacity exceeding 500 tonnes per day or in other furnaces with a production capacity exceeding 50 tonnes per day.
8	Installations for the manufacture of glass using lead in the process with a melting capacity exceeding 20 tonnes per day.
9	Installations for chlor-alkali production by electrolysis using the mercury cell process.
10	Installations for the incineration of hazardous or medical waste with a capacity exceeding 1 tonne per hour, or for the co-incineration of hazardous or medical waste specified in accordance with national legislation.
11	Installations for the incineration of municipal waste with a capacity exceeding 3 tonnes per hour, or for the co-incineration of municipal waste specified in accordance with national legislation.

1. This annex aims to provide Parties with guidance on identifying best available techniques for stationary sources to enable them to meet the obligations of the Protocol. Further description of and guidance on such best available techniques are provided in a guidance document adopted by the Parties at a session of the Executive Body and may be updated as necessary by a consensus of the Parties meeting within the Executive Body.

2. The expression “best available techniques” (BAT) means the most effective and advanced stage in the development of activities and their methods of operation which indicate the practical suitability of particular techniques for providing the basis for emission limit values (and other permit conditions) designed to prevent and, where that is not practicable, to reduce emissions and their impact on the environment as a whole:

(a) “Techniques” includes both the technology used and the way in which the installation is designed, built, maintained, operated and decommissioned;

(b) “Available” techniques means those developed on a scale which allows implementation in the relevant industrial sector, under economically and technically viable conditions, taking into consideration the costs and advantages, whether 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;

(c) “Best” means most effective in achieving a high general level of protection of the environment as a whole.

3. Criteria for determining BAT are as follows:

(a) The use of low-waste technology;

(b) The use of less hazardous substances;

(c) The furthering of recovery and recycling of substances generated and used in the process and of waste, where appropriate;

(d) Comparable processes, facilities or methods of operation which have been tried with success on an industrial scale;

(e) Technological advances and changes in scientific knowledge and understanding;

(f) The nature, effects and volume of the emissions concerned;

(g) The commissioning dates for new or existing installations; 

(h) The length of time needed to introduce the best available technique;

(i) The consumption and nature of raw materials (including water) used in the process and energy efficiency;

(j) The need to prevent or reduce to a minimum the overall impact of the emissions on the environment and the risks to it;

(k) The need to prevent accidents and to minimize their consequences for the environment;

(l) Information published by national and international organizations.

I. INTRODUCTION

1. Two types of limit value are important for heavy metal emission control:

- Values for specific heavy metals or groups of heavy metals; and

2. In principle, limit values for particulate matter cannot replace specific limit values for cadmium, lead and mercury, because the quantity of metals associated with particulate emissions differs from one process to another. However, compliance with these limits contributes significantly to reducing heavy metal emissions in general. Moreover, monitoring particulate emissions is generally less expensive than monitoring individual species and continuous monitoring of individual heavy metals is in general not feasible. Therefore, particulate limit values are of great practical importance and are also laid down in this annex in most cases to complement or replace specific limit values for cadmium or lead or mercury.

3. Limit values, expressed as mg/m3, refer to standard conditions (volume at 273.15 K, 101.3 kPa, dry gas) and are calculated as an average value of one-hour measurements, covering several hours of operation, as a rule 24 hours. Periods of start-up and shutdown should be excluded. The averaging time may be extended when required to achieve sufficiently precise monitoring results. With regard to the oxygen content of the waste gas, the values given for selected major stationary sources shall apply. Any dilution for the purpose of lowering concentrations of pollutants in waste gases is forbidden. Limit values for heavy metals include the solid, gaseous and vapour form of the metal and its compounds, expressed as the metal. Whenever limit values for total emissions are given, expressed as g/unit of production or capacity respectively, they refer to the sum of stack and fugitive emissions, calculated as an annual value.

4. In cases in which an exceeding of given limit values cannot be excluded, either emissions or a performance parameter that indicates whether a control device is being properly operated and maintained shall be monitored. Monitoring of either emissions or performance indicators should take place continuously if the emitted mass flow of particulates is above 10 kg/h. If emissions are monitored, the concentrations of air pollutants in gas-carrying ducts have to be measured in a representative fashion. If particulate matter is monitored discontinuously, the concentrations should be measured at regular intervals, taking at least three independent readings per check. Sampling and analysis of all pollutants as well as reference measurement methods to calibrate automated measurement systems shall be carried out according to the standards laid down by the Comité européen de normalisation (CEN) or the International Organization for Standardization (ISO). While awaiting the development of the CEN or ISO standards, national standards shall apply. National standards can also be used if they provide equivalent results to CEN or ISO standards.

5. In the case of continuous monitoring, compliance with the limit values is achieved if none of the calculated average 24-hour emission concentrations exceeds the limit value or if the 24-hour average of the monitored parameter does not exceed the correlated value of that parameter that was established during a performance test when the control device was being properly operated and maintained. In the case of discontinuous emission monitoring, compliance is achieved if the average reading per check does not exceed the value of the limit. Compliance with each of the limit values expressed as total emissions per unit of production or total annual emissions is achieved if the monitored value is not exceeded, as described above.

II. SPECIFIC LIMIT VALUES FOR SELECTED MAJOR STATIONARY SOURCES

Combustion of fossil fuels (annex II, category 1):

1. Except as otherwise provided in this annex, no later than six months after the date of entry into force of the present Protocol, the lead content of marketed petrol intended for on-road vehicles shall not exceed 0.013 g/l. Parties marketing unleaded petrol with a lead content lower than 0.013 g/l shall endeavour to maintain or lower that level.

2. Each Party shall endeavour to ensure that the change to fuels with a lead content as specified in paragraph 1 above results in an overall reduction in the harmful effects on human health and the environment.

3. Where a State determines that limiting the lead content of marketed petrol in accordance with paragraph 1 above would result in severe socio-economic or technical problems for it or would not lead to overall environmental or health benefits because of, inter alia, its climate situation, it may extend the time period given in that paragraph to a period of up to 10 years, during which it may market leaded petrol with a lead content not exceeding 0.15 g/l. In such a case, the State shall specify, in a declaration to be deposited together with its instrument of ratification, acceptance, approval or accession, that it intends to extend the time period and present to the Executive Body in writing information on the reasons for this.

4. A Party is permitted to market small quantities, up to 0.5 per cent of its total petrol sales, of leaded petrol with a lead content not exceeding 0.15 g/l to be used by old on-road vehicles.

5. Each Party shall, no later than five years, or ten years for countries with economies in transition that state their intention to adopt a ten-year period in a declaration to be deposited with their instrument of ratification, acceptance, approval or accession, after the date of entry into force of this Protocol, achieve concentration levels which do not exceed:

(a) 0.05 per cent of mercury by weight in alkaline manganese batteries for prolonged use in extreme conditions (e.g. temperature below 0° C or above 50° C, exposed to shocks); and

(b) 0.025 per cent of mercury by weight in all other alkaline manganese batteries.

The above limits may be exceeded for a new application of a battery technology, or use of a battery in a new product, if reasonable safeguards are taken to ensure that the resulting battery or product without an easily removable battery will be disposed of in an environmentally sound manner. Alkaline manganese button cells and batteries composed of button cells shall also be exempted from this obligation.

1. This annex aims to provide guidance to Parties on product management measures.

2. The Parties may consider appropriate product management measures such as those listed below, where warranted as a result of the potential risk of adverse effects on human health or the environment from emissions of one or more of the heavy metals listed in annex I, taking into account all relevant risks and benefits of such measures, with a view to ensuring that any changes to products result in an overall reduction of harmful effects on human health and the environment:

(a) The substitution of products containing one or more intentionally added heavy metals listed in annex I, if a suitable alternative exists;

(b) The minimization or substitution in products of one or more intentionally added heavy metals listed in annex I;

(c) The provision of product information including labelling to ensure that users are informed of the content of one or more intentionally added heavy metals listed in annex I and of the need for safe use and waste handling;

(d) The use of economic incentives or voluntary agreements to reduce or eliminate the content in products of the heavy metals listed in annex I; and