3. "Executive Body" means the Executive Body for the Convention constituted under article 10, paragraph 1, of the Convention;
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.
|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.|
|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.
(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;
(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;
The concept of BAT is not aimed at the prescription of any specific technique or technology, but at taking into account the technical characteristics of the installation concerned, its geographical location and the local environmental conditions.