|c||Thermal power stations and other combustion installations|
|e||Coal rolling mills|
|f||Installations for the manufacture of coal products and solid smokeless fuel|
|2.||Production and processing of metals|
|a||Metal ore (including sulphide ore) roasting or sintering installations|
|Installations for the production of pig iron or steel (primary or secondary melting) including continuous casting|
|Installations for the processing of ferrous metals:|
(i) Hot-rolling mills
(ii) Smitheries with hammers
(iii) Application of protective fused metal coats
|With a capacity of 20 tons of crude steel per hour|
With an energy of 50 kilojoules per hammer, where the calorific power used exceeds 20 MW
With an input of 2 tons of crude steel per hour
|(d)||Ferrous metal foundries||With a production capacity of 20 tons per day|
|(e)||Installations: (i) For the production of non -ferrous crude metals from ore, concentrates or secondary raw materials by metallurgical, chemical or electrolytic processes|
(ii) For the smelting, including the alloying, of non - ferrous metals, including recovered products (refining, foundry casting, etc.)
|With a melting capacity of 4 tons per day for lead and cadmium or 20 tons per day for all other metals||10 employees|
|(f)||Installations for surface treatment of metals and plastic materials using an electrolytic or chemical process||Where the volume of the treatment vats equals 30 m 3|
(v) Non-metals, metal oxides or other inorganic compounds such as calc ium carbide, silicon, silicon carbide
(iii) With 750 places for sows
An asterisk (*) indicates that no capacity threshold is applicable (all facilities are subject to reporting).
Explanatory notes: The CAS number of the pollutant means the precise identifier in Chemical Abstracts Service. Column 1 contains the thresholds referred to in article 7, paragraph 1 (a)(i) and (iv). If the threshold in a given sub-column (air, water or land) is exceeded, reporting of releases or, for pollutants in waste water – 23 – destined for waste-water treatment, transfers to the environmental medium referred to in that sub-column is required with respect to the facility in question, for those Parties which have opted for a system of reporting pursuant to article 7, paragraph 1 (a). Column 2 contains the thresholds referred to in article 7, paragraph 1 (a)(ii). If the threshold in this column is exceeded for a given pollutant, reporting of the off-site transfer of that pollutant is required with respect to the facility in question, for those Parties which have opted for a system of reporting pursuant to article 7, paragraph 1 (a)(ii). Column 3 contains the thresholds referred to in article 7, paragraph (1)(b). If the threshold in this column is exceeded for a given pollutant, reporting of the releases and off-site transfers of that pollutant is required with respect to the facility in question, for those Parties which have opted for a system of reporting pursuant to article 7, paragraph 1 (b). A hyphen (-) indicates that the parameter in question does not trigger a reporting requirement. An asterisk (*) indicates that, for this pollutant, the release threshold in column (1)(a) is to be used rather than a manufacture, process or use threshold. A double asterisk (**) indicates that, for this pollutant, the release threshold in column (1)(b) is to be used rather than a manufacture, process or use threshold. Footnotes: a/ Single pollutants are to be reported if the threshold for BTEX (the sum parameter of benzene, toluene, ethyl benzene, xylene) is exceeded. b/ Polycyclic aromatic hydrocarbons (PAHs) are to be measured as benzo(a)pyrene (50-32-8), benzo(b)fluoranthene (205-99-2), benzo(k)fluoranthene (207-08-9), indeno(1,2,3-cd)pyrene (193-39-5) (derived from the Protocol on Persistent Organic Pollutants to the Convention on Long-range Transboundary Air Pollution). c/ As inorganic compounds.
- Deep injection (e.g. injection of pumpable discards into wells, salt domes or naturally occurring repositories)
Specially engineered landfill (e.g. placement into lined discrete cells which are capped and isolated from one another and the environment)
Biological treatment not specified elsewhere in this annex which results in final compounds or mixtures which are discarded by means of any of the operations specified in this part
Physico-chemical treatment not specified elsewhere in this annex which results in final compounds or mixtures which are discarded by means of any of the operations specified in this part (e.g. evaporation, drying, calcination, neutralization, precipitation)
Uses of residual materials obtained from any of the recovery operations specified above in this part
1. In the event of a dispute being submitted for arbitration pursuant to article 23, paragraph 2, of this Protocol, a party or parties shall notify the other party or parties to the dispute by diplomatic means as well as the secretariat of the subject matter of arbitration and indicate, in particular, the articles of this Protocol whose 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. Both the claimant party or parties and the other party or parties to the dispute shal l appoint an arbitrator, and the two arbitrators so appointed shall designate by common agreement the third arbitrator, who shall be the president of the arbitral tribunal. The latter shall not be a national of one of the parties to the dispute, nor have his or her usual place of residence in the territory of one of these parties, nor be employed by any of them, nor have dealt with the case in any other capacity.
3. If the president of the arbitral tribunal has not been designated within two months of the appointment of the second arbitrator, the Executive Secretary of the Economic Commission for Europe shall, at the request of either party to the dispute, designate the president within a further two -month period.
4. If one of the parties to the dispute does not appoint an arbitrator within two months of the notification referred to in paragraph 1, the other party may so inform the Executive Secretary of the Economic Commission for Europe, who shall designate the president of the arbitral tribunal within a further two-month period. Upon designation, the president of the arbitral tribunal shall request the party which has not appointed an arbitrator to do so within two months. If it fails to do so within that period, the president shall so inform the Executive Secretary of the Economic Commission for Europe, who shall make this appointment within a further two -month period.
5. The arbitral tribunal shall render its decision in accordance with international law and the provisions of this Protocol.
6. Any arbitral tribunal constituted under the provisions set out in this annex shall draw up its own rules of procedure.
7. The decisions of the arbitral tribunal, both on procedure and on substance, shall be taken by majority vote of its members.
9. The parties to the dispute shall facilitate the work of the arbitral tribunal and, in particular, using all means at their disposal, shall:
10. The parties and the arbitrators shall protect the confidentiality of any information that they receive in confidence 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 fails to defend its case, the other party may request the tribunal to continue the proceedings and to render its final decision. Absence of a party or failure of a party to defend its case shall not constitute a bar to the proceedings. Before rendering its final decision, the arbitral tribunal must satisfy itself that the claim is well founded in fact and law.
13. The arbitral tribunal may hear and determine counterclaims arising directly out of the subject matter of the dispute.
14. Unless the arbitral tribunal determines otherwise because of the particular circumstances of the case, the expenses of the tribunal, including the remuneration of its members, shall be borne by the parties to the dispute in equal shares. The tribunal shall keep a record of all its expenses, and shall furnish a final statement thereof to the parties.
15. Any Party to this Protocol which has an interest of a legal nature in the subject matter of the dispute, and which may be affected by a decision in the case, may intervene in the proceedings with the consent of the tribunal.
16. The arbitral tribunal shall render its award within five months of the date on which it is established, unless it finds it necessary to extend the time limit for a period which should not exceed five months.
17. The award of the arbitral tribunal shall be accompanied by a statement of reasons. It shall be final and binding upon all parties to the dispute. The award will be transmitted by the arbitral tribunal to the parties to the dispute and to the secretariat. The secretariat will forward the information received to all Parties to this Protocol.
18. Any dispute which may arise between the parties concerning the interpretation or execution of the award may be submitted by either party to the arbitral tribunal which made the award or, if the latter cannot be seized thereof, to another tribunal constituted for this purpose in the same manner as the first.