Article 8 – Emissions
1. This Article concerns controlling and, where feasible, reducing emissions of mercury and mercury compounds, often expressed as “total mercury”, to the atmosphere through measures to control emissions from the point sources falling within the source categories listed in Annex D. 2. For the purposes of this Article: (a) “Emissions ” means emissions of mercury or mercury compounds to the atmosphere; (b) “Relevant source ” means a source falling within one of the source categories listed in Annex D. A Party may, if it chooses, establish criteria to identify the sources covered within a source category listed in Annex D so long as those criteria for any category include at least 75 per cent of the emissions from that category; (c) “New source ” means any relevant source within a category listed in Annex D, the construction or substantial modification of which is commenced at least one year after the date of: (i) Entry into force of this Convention for the Party concerned; or (ii) Entry into force for the Party concerned of an amendment to Annex D where the source becomes subject to the provisions of this Convention only by virtue of that amendment; (d) “Substantial modification ” means modification of a relevant source that results in a significant increase in emissions, excluding any change in emissions resulting from by-product recovery. It shall be a matter for the Party to decide whether a modification is substantial or not; (e) “Existing source ” means any relevant source that is not a new source; (f) “Emission limit value ” means a limit on the concentration, mass or emission rate of mercury or mercury compounds, often expressed as “total mercury”, emitted from a point source. 3. A Party with relevant sources shall take measures to control emissions and may prepare a national plan setting out the measures to be taken to control emissions and its expected targets, goals and outcomes. Any plan shall be submitted to the Conference of the Parties within four years of the date of entry into force of the Convention for that Party . If a Party develops an implementation plan in accordance with Article 20 , the Party may include in it the plan prepared pursuant to this paragraph. 4. For its new sources, each Party shall require the use of best available techniques and best environmental practices to control and, where feasible, reduce emissions, as soon as practicable but no later than five years after the date of entry into force of the Convention for that Party . A Party may use emission limit values that are consistent with the application of best available techniques. 5. For its existing sources, each Party shall include in any national plan, and shall implement, one or more of the following measures, taking into account its national circumstances, and the economic and technical feasibility and affordability of the measures, as soon as practicable but no more than ten years after the date of entry into force of the Convention for it: (a) A quantified goal for controlling and, where feasible, reducing emissions from relevant sources; (b) Emission limit values for controlling and, where feasible, reducing emissions from relevant sources; (c) The use of best available techniques and best environmental practices to control emissions from relevant sources; (d) A multi-pollutant control strategy that would deliver co-benefits for control of mercury emissions; (e) Alternative measures to reduce emissions from relevant sources. 6. Parties may apply the same measures to all relevant existing sources or may adopt different measures in respect of different source categories. The objective shall be for those measures applied by a Party to achieve reasonable progress in reducing emissions over time. 7. Each Party shall establish, as soon as practicable and no later than five years after the date of entry into force of the Convention for it, and maintain thereafter, an inventory of emissions from relevant sources. 8. The Conference of the Parties shall, at its first meeting, adopt guidance on: (a) Best available techniques and on best environmental practices, taking into account any difference between new and existing sources and the need to minimize cross-media effects; and (b) Support for Parties in implementing the measures set out in paragraph 5 , in particular in determining goals and in setting emission limit values. 9. The Conference of the Parties shall, as soon as practicable, adopt guidance on: (a) Criteria that Parties may develop pursuant to paragraph 2 (b); (b) The methodology for preparing inventories of emissions. 10. The Conference of the Parties shall keep under review, and update as appropriate, the guidance developed pursuant to paragraphs 8 and 9 . Parties shall take the guidance into account in implementing the relevant provisions of this Article. 11. Each Party shall include information on its implementation of this Article in its reports submitted pursuant to Article 21 , in particular information concerning the measures it has taken in accordance with paragraphs 4 to 7 and the effectiveness of the measures.