22003A0717(01)
Protocol to the 1979 Convention on long-range transboundary air
pollution to abate acidification, eutrophication and ground-level
ozone
Dates:
of document: 30/11/1999
of effect: 00/00/0000; Entry into force See Art 17
of signature: 30/11/1999; GEBORG
end of validity: 99/99/9999
Authentic language: English ; French ; Russian
Author:
United Nations Organisation
Subject matter: Environment ; External relations
Directory code: 11306000 ; 15104000 ; 15102030
EUROVOC descriptor: atmospheric pollution ; stratospheric pollution
; transfrontier pollution ; acidification ; eutrophication ; ozone ;
pollution control measures ; accession to an agreement ;
international convention ; protocol
Legal basis:
102E175................... Adoption
102E300-P2L1FR1........... Adoption
102E300-P3L1.............. Adoption
Instruments cited:
293A0621(01)..............
298A1203(02)..............
Amendment to:
279A1113(01)...... Amendment..... Addition PROT from DATEFF
Amended by:
Adopted by.... 303D0507..........
ANNEX
PROTOCOL TO THE 1979 CONVENTION ON LONG-RANGE TRANSBOUNDARY AIR
POLLUTION TO ABATE ACIDIFICATION, EUTROPHICATION AND GROUND-LEVEL
OZONE
THE PARTIES,
DETERMINED to implement the Conve ntion on Long-range Transboundary
Air Pollution,
AWARE that nitrogen oxides, sulphur, volatile organic compounds and
reduced nitrogen compounds have been associated with adverse effects
on human health and the environment,
CONCERNED that critical loads of acidification, critical loads of
nutrient nitrogen and critical levels of ozone for human health and
vegetation are still exceeded in many areas of the United Nations
Economic Commission for Europe's region,
CONCERNED ALSO that emitted nitrogen oxides, sulphur and volatile
organic compounds, as well as secondary pollutants such as ozone and
the reaction products of ammonia, are transported in the atmosphere
over long distances and may have adverse transboundary effects,
RECOGNISING that emissions from Parties within the United Nations
Economic Commission for Europe's region contribute to air pollution
on the hemispheric and global scales, and recognising the potential
for transport between continents and the need for further study with
regard to that potential,
RECOGNISING ALSO that Canada and the United States of America are
bilaterally negotiating reductions of emissions of nitrogen oxides
and volatile organic compounds to address the transboundary ozone
effect,
RECOGNISING FURTHERMORE that Canada will undertake further
reductions of emissions of sulphur by 2010 through the
implementation of the Canada-wide Acid Rain Strategy for Post-2000,
and that the United States is committed to the implementation of a
nitrogen oxides reduction programme in the eastern United States and
to the reduction in emissions necessary to meet its national ambient
air quality standards for particulate matter,
RESOLVED to apply a multi-effect, multi-pollutant approach to
preventing or minimising the excess of critical loads and levels,
TAKING INTO ACCOUNT the emissions from certain existing activities
and installations responsible for present air pollution levels and
the development of future activities and installations,
AWARE that techniques and management practices are available to
reduce emissions of these substances,
RESOLVED to take measures to anticipate, prevent or minimise
emissions of these substances, taking into account the application
of the precautionary approach as set forth in principle 15 of the
Rio Declaration on Environment and Development,
REAFFIRMING that States have, in accordance with the Charter of the
United Nations and the principles of international law, the
sovereign right to exploit their own resources pursuant to their own
environmental and developmental policies, and the responsibility to
ensure that activities within their jurisdiction or control do not
cause damage to the environment of other States or of areas beyond
the limits of national jurisdiction,
CONSCIOUS of the need for a cost-effective regional approach to
combating air pollution that takes account of the variations in
effects and abatement costs between countries,
NOTING the important contribution of the private and
non-governmental sectors to knowledge of the effects associated with
these substances and available abatement techniques, and their role
in assisting in the reduction of emissions to the atmosphere,
BEARING IN MIND that measures taken to reduce emissions of sulphur,
nitrogen oxides, ammonia and volatile organic compounds should not
constitute a means of arbitrary or unjustifiable discrimination or a
disguised restriction on international competition and trade,
TAKING INTO CONSIDERATION the best available scientific and
technical knowledge and data on emissions, atmospheric processes and
effects on human health and the environment of these substances, as
well as on abatement costs, and acknowledging the need to improve
this knowledge and to continue scientific and technical cooperation
to further understanding of these issues,
NOTING that pursuant to the Protocol concerning the Control of
Emissions of Nitrogen Oxides or their Transboundary Fluxes, adopted
at Sofia on 31 October 1988, and the Protocol concerning the Control
of Emissions of Volatile Organic Compounds or their Transboundary
Fluxes, adopted at Geneva on 18 November 1991, there is already
provision to control emissions of nitrogen oxides and volatile
organic compounds, and that the technical Annexes to both those
Protocols already contain technical guidance for reducing these
emissions,
NOTING ALSO that pursuant to the Protocol on Further Reduction of
Sulphur Emissions, adopted at Oslo on 14 June 1994, there is already
provision to reduce sulphur emissions in order to contribute to the
abatement of acid deposition by diminishing the exceedances of
critical sulphur depositions, which has been derived from critical
loads of acidity according to the contribution of oxidised sulphur
compounds to the total acid deposition in 1990,
NOTING FURTHERMORE that this Protocol is the first agreement under
the Convention to deal specifically with reduced nitrogen compounds,
BEARING IN MIND that reducing the emissions of these substances may
provide additional benefits for the control of other pollutants,
including in particular transboundary secondary particulate
aerosols, which contribute to human health effects associated with
exposure to airborne particulates,
BEARING IN MIND ALSO the need to avoid, in so far as possible,
taking measures for the achievement of the objectives of this
Protocol that aggravate other health and environment-related
problems,
NOTING that measures taken to reduce the emissions of nitrogen
oxides and ammonia should involve consideration of the full
biogeochemical nitrogen cycle and, so far as possible, not increase
emissions of reactive nitrogen including nitrous oxide which could
aggravate other nitrogen-related problems,
AWARE that methane and carbon monoxide emitted by human activities
contribute, in the presence of nitrogen oxides and volatile organic
compounds, to the formation of tropospheric ozone, and
AWARE ALSO of the commitments that Parties have assumed under the
United Nations Framework Convention on Climate Change,
HAVE AGREED AS FOLLOWS:
Article 1
Definitions
For the purposes of the present Protocol,
1. "Convention" means the Convention on Long-range Transboundary Air
Pollution, adopted at Geneva on 13 November 1979;
2. "EMEP" means the Cooperative Programme for Monitoring and
Evaluation of Long-range Transmission of Air Pollutants in Europe;
3. "Executive Body" means the Executive Body for the Convention
constituted under Article 10 (1) of the Convention;
6. "Geographical scope of EMEP" means the area defined in Article 1
(4) of the Protocol to the 1979 Convention on Long-range
Transboundary Air Pollution on Long-term Financing of the
Cooperative Programme for Monitoring and Evaluation of the
Long-range Transmission of Air Pollutants in Europe (EMEP), adopted
at Geneva on 28 September 1984;
11. "Volatile organic compounds", or "VOCs", means, unless otherwise
specified, all organic compounds of an anthropogenic nature, other
than methane, that are capable of producing photochemical oxidants
by reaction with nitrogen oxides in the presence of sunlight;
12. "Critical load" means a quantitative estimate of an exposure to
one or more pollutants below which significant harmful effects on
specified sensitive elements of the environment do not occur,
according to present knowledge;
13. "Critical levels" means concentrations of pollutants in the
atmosphere above which direct adverse effects on receptors, such as
human beings, plants, ecosystems or materials, may occur, according
to present knowledge;
14. "Pollutant emissions management area", or "PEMA", means an area
designated in Annex III under the conditions laid down in Article 3
(9);
15. "Stationary source" means any fixed building, structure,
facility, installation or equipment that emits or may emit sulphur,
nitrogen oxides, volatile organic compounds or ammonia directly or
indirectly into the atmosphere;
16. "New stationary source" means any stationary source of which the
construction or substantial modification is commenced after the
expiry of one year from the date of entry into force of the present
Protocol. It shall be a matter for the competent national
authorities to decide whether a modification is substantial or not,
taking into account such factors as the environmental benefits of
the modification.
Article 2
Objective
The objective of the present Protocol is to control and reduce
emissions of sulphur, nitrogen oxides, ammonia and volatile organic
compounds that are caused by anthropogenic activities and are likely
to cause adverse effects on human health, natural ecosystems,
materials and crops, due to acidification, eutrophication or
ground-level ozone as a result of long-range transboundary
atmospheric transport, and to ensure, as far as possible, that in
the long term and in a step-by-step approach, taking into account
advances in scientific knowledge, atmospheric depositions or
concentrations do not exceed:
(a) for Parties within the geographical scope of EMEP and Canada,
the critical loads of acidity, as described in Annex I;
(b) for Parties within the geographical scope of EMEP, the critical
loads of nutrient nitrogen, as described in Annex I;
(c) for ozone:
(i) for Parties within the geographical scope of EMEP, the critical
levels of ozone, as given in Annex I;
(ii) for Canada, the Canada-wide Standard for ozone;
(iii) for the United States of America, the National Ambient Air
Quality Standard for ozone.
Article 3
Basic obligations
1. Each Party having an emission ceiling in any table in Annex II
shall reduce and maintain the reduction in its annual emissions in
accordance with that ceiling and the timescales specified in that
Annex. Each Party shall, as a minimum, control its annual emissions
of polluting compounds in accordance with the obligations in Annex
II.
2. Each Party shall apply the limit values specified in Annexes IV,
V and VI to each new stationary source within a stationary source
category as identified in those Annexes, no later than the
timescales specified in Annex VII. As an alternative, a Party may
apply different emission reduction strategies that achieve
equivalent overall emission levels for all source categories
together.
3. Each Party shall, in so far as it is technically and economically
feasible and taking into consideration the costs and advantages,
apply the limit values specified in Annexes IV, V and VI to each
existing stationary source within a stationary source category as
identified in those Annexes, no later than the timescales specified
in Annex VII. As an alternative, a Party may apply different
emission reduction strategies that achieve equivalent overall
emission levels for all source categories together or, for Parties
outside the geographical scope of EMEP, that are necessary to
achieve national or regional goals for acidification abatement and
to meet national air quality standards.
4. Limit values for new and existing boilers and process heaters
with a rated thermal input exceeding 50 MWth and new heavy-duty
vehicles shall be evaluated by the Parties at a session of the
Executive Body with a view to amending Annexes IV, V and VIII no
later than two years after the date of entry into force of the
present Protocol.
5. Each Party shall apply the limit values for the fuels and new
mobile sources identified in Annex VIII, no later than the
timescales specified in Annex VII.
6. Each Party should apply the best available techniques to mobile
sources and to each new or existing stationary source, taking into
account guidance documents I to V adopted by the Executive Body at
its seventeenth session (Decision 1999/1) and any amendments
thereto.
7. Each Party shall take appropriate measures based, inter alia, on
scientific and economic criteria to reduce emissions of volatile
organic compounds associated with the use of products not included
in Annexes VI or VIII. The Parties shall, no later than at the
second session of the Executive Body after the entry into force of
the present Protocol, consider with a view to adopting an annex on
products, including criteria for the selection of such products,
limit values for the volatile organic compound content of products
not included in Annex VI or VIII, as well as timescales for the
application of the limit values.
8. Each Party shall, subject to paragraph (10):
(a) apply, as a minimum, the ammonia control measures specified in
Annex IX;
(b) apply, where it considers it appropriate, the best available
techniques for preventing and reducing ammonia emissions, as listed
in guidance document V adopted by the Executive Body at its
seventeenth session (Decision 1999/1) and any amendments thereto.
9. Paragraph (10) shall apply to any Party:
(a) whose total land area is greater than 2 million square
kilometres;
(b) whose annual emissions of sulphur, nitrogen oxides, ammonia
and/or volatile organic compounds contributing to acidification,
eutrophication or ozone formation in areas under the jurisdiction of
one or more other Parties originate predominantly from within an
area under its jurisdiction that is listed as a PEMA in Annex III,
and which has presented documentation in accordance with
subparagraph (c) to this effect;
(c) which has submitted upon signature, ratification, acceptance or
approval of, or accession to, the present Protocol a description of
the geographical scope of one or more PEMAs for one or more
pollutants, with supporting documentation, for inclusion in Annex
III;
(d) which has specified upon signature, ratification, acceptance or
approval of, or accession to, the present Protocol its intention to
act in accordance with this paragraph.
10. A Party to which this paragraph applies shall:
(a) if within the geographical scope of EMEP, be required to comply
with the provisions of this Article and Annex II only within the
relevant PEMA for each pollutant for which a PEMA within its
jurisdiction is included in Annex III; or
(b) if not within the geographical scope of EMEP, be required to
comply with the provisions of paragraphs (1), (2), (3), (5), (6) and
(7) and Annex II, only within the relevant PEMA for each pollutant
(nitrogen oxides, sulphur and/or volatile organic compounds) for
which a PEMA within its jurisdiction is included in Annex III, and
shall not be required to comply with paragraph (8) anywhere within
its jurisdiction.
11. Canada and the United States of America shall, upon their
ratification, acceptance or approval of, or accession to, the
present Protocol, submit to the Executive Body their respective
emission reduction commitments with respect to sulphur, nitrogen
oxides and volatile organic compounds for automatic incorporation
into Annex II.
12. The Parties shall, subject to the outcome of the first review
provided for under Article 10 (2), and no later than one year after
completion of that review, commence negotiations on further
obligations to reduce emissions.
Article 4
Exchange of information and technology
1. Each Party shall, in a manner consistent with its laws,
regulations and practices and in accordance with its obligations in
the present Protocol, create favourable conditions to facilitate the
exchange of information, technologies and techniques, with the aim
of reducing emissions of sulphur, nitrogen oxides, ammonia and
volatile organic compounds by promoting inter alia:
1. the development and updating of databases on best available
techniques, including those that increase energy efficiency,
low-emission burners and good environmental practice in agriculture;
2. the exchange of information and experience in the development of
less polluting transport systems;
2. In promoting the activities specified in paragraph (1), each
Party shall create favourable conditions for the facilitation of
contacts and cooperation among appropriate organisations and
individuals in the private and public sectors that are capable of
providing technology, design and engineering services, equipment or
finance.
Article 5
Public awareness
1. Each Party shall, in a manner consistent with its laws,
regulations and practices, promote the provision of information to
the general public, including information on:
(a) national annual emissions of sulphur, nitrogen oxides, ammonia
and volatile organic compounds and progress towards compliance with
the national emission ceilings or other obligations referred to in
Article 3;
(b) depositions and concentrations of the relevant pollutants and,
where applicable, these depositions and concentrations in relation
to critical loads and levels referred to in Article 2;
(c) levels of tropospheric ozone;
(d) strategies and measures applied or to be applied to reduce air
pollution problems dealt with in the present Protocol and set out in
Article 6.
2. Furthermore, each Party may make information widely available to
the public with a view to minimising emissions, including
information on:
(a) less polluting fuels, renewable energy and energy efficiency,
including their use in transport;
(b) volatile organic compounds in products, including labelling;
(c) management options for wastes containing volatile organic
compounds that are generated by the public;
(d) good agricultural practices to reduce emissions of ammonia;
(e) health and environmental effects associated with the pollutants
covered by the present Protocol;
(f) steps which individuals and industries may take to help reduce
emissions of the pollutants covered by the present Protocol.
Article 6
Strategies, policies, programmes, measures and information
1. Each Party shall, as necessary and on the basis of sound
scientific and economic criteria, in order to facilitate the
implementation of its obligations under Article 3:
(a) adopt supporting strategies, policies and programmes without
undue delay after the present Protocol enters into force for it;
(b) apply measures to control and reduce its emissions of sulphur,
nitrogen oxides, ammonia and volatile organic compounds;
(c) apply measures to encourage the increase of energy efficiency
and the use of renewable energy;
(d) apply measures to decrease the use of polluting fuels;
(e) develop and introduce less polluting transport systems and
promote traffic management systems to reduce overall emissions from
road traffic;
(f) apply measures to encourage the development and introduction of
low-polluting processes and products, taking into account guidance
documents I to V adopted by the Executive Body at its seventeenth
session (Decision 1999/1) and any amendments thereto;
(g) encourage the implementation of management programmes to reduce
emissions, including voluntary programmes, and the use of economic
instruments, taking into account guidance document VI adopted by the
Executive Body at its seventeenth session (Decision 1999/1) and any
amendments thereto;
(h) implement and further elaborate policies and measures in
accordance with its national circumstances, such as the progressive
reduction or phasing-out of market imperfections, fiscal incentives,
tax and duty exemptions and subsidies in all sectors that emit
sulphur, nitrogen oxides, ammonia and volatile organic compounds
which run counter to the objective of the Protocol, and apply market
instruments;
(i) apply measures, where cost-effective, to reduce emissions from
waste products containing volatile organic compounds.
2. Each Party shall collect and maintain information on:
(a) actual levels of emissions of sulphur, nitrogen compounds and
volatile organic compounds, and of ambient concentrations and
depositions of these compounds and ozone, taking into account, for
those Parties within the geographical scope of EMEP, the work plan
of EMEP;
(b) the effects of ambient concentrations and of the deposition of
sulphur, nitrogen compounds, volatile organic compounds and ozone on
human health, terrestrial and aquatic ecosystems and materials.
3. Any Party may take more stringent measures than those required by
the present Protocol.
Article 7
Reporting
1. Subject to its laws and regulations and in accordance with its
obligations under the present Protocol:
(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 at a session of the Executive Body, information on
the measures that it has taken to implement the present Protocol.
Moreover:
(i) where a Party applies different emission-reduction strategies
under Article 3 (2) and (3), it shall document the strategies
applied and its compliance with the requirements of those
paragraphs;
(ii) where a Party judges certain limit values, as specified in
accordance with Article 3 (3), not to be technically and
economically feasible, taking into consideration the costs and
advantages, it shall report and justify this;
(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, the
following information:
(i) levels of emissions of sulphur, nitrogen oxides, ammonia and
volatile organic compounds using, as a minimum, the methodologies
and the temporal and spatial resolution specified by the Steering
Body of EMEP;
(ii) levels of emissions of each substance in the reference year
(1990) using the same methodologies and temporal and spatial
resolution;
(iii) data on projected emissions and current reduction plans;
(iv) where it deems it appropriate, any exceptional circumstances
justifying emissions that are temporarily higher than the ceilings
established for it for one or more pollutants;
(c) parties in areas outside the geographical scope of EMEP shall
make available information similar to that specified in subparagraph
(b), if requested to do so by the Executive Body.
2. The information to be reported in accordance with paragraph
(1)(a) 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:
(a) ambient concentrations and depositions of sulphur and nitrogen
compounds as well as, where available, ambient concentrations of
volatile organic compounds and ozone;
(b) calculations of sulphur and oxidised and reduced-nitrogen
budgets and relevant information on the long-range transport of
ozone and its precursors.
Parties in areas outside the geographical scope of EMEP shall make
available similar information if requested to do so by the Executive
Body.
4. The Executive Body shall, in accordance with Article 10 (2)(b),
of the Convention, arrange for the preparation of information on the
effects of depositions of sulphur and nitrogen compounds and
concentrations of ozone.
5. The Parties shall, at sessions of the Executive Body, arrange for
the preparation, at regular intervals, of revised information on
calculated and internationally optimised allocations of emission
reductions for the States within the geographical scope of EMEP,
using integrated assessment models, including atmospheric transport
models, with a view to reducing further, for the purposes of Article
3 (1), the difference between actual depositions of sulphur and
nitrogen compounds and critical load values as well as the
difference between actual ozone concentrations and the critical
levels of ozone specified in Annex I, or such alternative assessment
methods as approved by the Parties at a session of the Executive
Body.
Article 8
Research, development and monitoring
The Parties shall encourage research, development, monitoring and
cooperation related to:
(a) the international harmonisation of methods for the calculation
and assessment of the adverse effects associated with the substances
addressed by the present Protocol for use in establishing critical
loads and critical levels and, as appropriate, the elaboration of
procedures for such harmonisation;
(b) the improvement of emission databases, in particular those on
ammonia and volatile organic compounds;
(c) the improvement of monitoring techniques and systems and of the
modelling of transport, concentrations and depositions of sulphur,
nitrogen compounds and volatile organic compounds, as well as of the
formation of ozone and secondary particulate matter;
(d) the improvement of the scientific understanding of the long-term
fate of emissions and their impact on the hemispheric background
concentrations of sulphur, nitrogen, volatile organic compounds,
ozone and particulate matter, focusing, in particular, on the
chemistry of the free troposphere and the potential for
intercontinental flow of pollutants;
(e) the further elaboration of an overall strategy to reduce the
adverse effects of acidification, eutrophication and photochemical
pollution, including synergisms and combined effects;
(f) strategies for the further reduction of emissions of sulphur,
nitrogen oxides, ammonia and volatile organic compounds based on
critical loads and critical levels as well as on technical
developments, and the improvement of integrated assessment modelling
to calculate internationally optimised allocations of emission
reductions taking into account the need to avoid excessive costs for
any Party. Special emphasis should be given to emissions from
agriculture and transport;
(g) the identification of trends over time and the scientific
understanding of the wider effects of sulphur, nitrogen and volatile
organic compounds and photochemical pollution on human health,
including their contribution to concentrations of particulate
matter, the environment, in particular acidification and
eutrophication, and materials, especially historic and cultural
monuments, taking into account the relationship between sulphur
oxides, nitrogen oxides, ammonia, volatile organic compounds and
tropospheric ozone;
(h) emission abatement technologies, and technologies and techniques
to improve energy efficiency, energy conservation and the use of
renewable energy;
(i) the efficacy of ammonia control techniques for farms and their
impact on local and regional deposition;
(j) the management of transport demand and the development and
promotion of less polluting modes of transport;
(k) the quantification and, where possible, economic evaluation of
benefits for the environment and human health resulting from the
reduction of emissions of sulphur, nitrogen oxides, ammonia and
volatile organic compounds;
(l) the development of tools for making the methods and results of
this work widely applicable and available.
Article 9
Compliance
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 at its
fifteenth session shall carry out such reviews and report to the
Parties at a session of the Executive Body in accordance with the
terms of the Annex to that Decision, including any amendments
thereto.
Article 10
Reviews by the Parties at sessions of the Executive Body
1. The Parties shall, at sessions of the Executive Body, pursuant to
Article 10 (2)(a), of the Convention, review the information
supplied by the Parties, EMEP and subsidiary bodies of the Executive
Body, the data on the effects of concentrations and depositions of
sulphur and nitrogen compounds and of photochemical pollution as
well as the reports of the Implementation Committee referred to in
Article 9.
2. (a) The Parties shall, at sessions of the Executive Body, keep
under review the obligations set out in the present Protocol,
including:
(i) their obligations in relation to their calculated and
internationally optimised allocations of emission reductions
referred to in Article 7 (5);
(ii) the adequacy of the obligations and the progress made towards
the achievement of the objective of the present Protocol;
(b) Reviews shall take into account the best available scientific
information on the effects of acidification, eutrophication and
photochemical pollution, including assessments of all relevant
health effects, critical levels and loads, the development and
refinement of integrated assessment models, technological
developments, changing economic conditions, progress made on the
databases on emissions and abatement techniques, especially related
to ammonia and volatile organic compounds, and the fulfilment of the
obligations on emission levels;
(c) The procedures, methods and timing for such reviews shall be
specified by the Parties at a session of the Executive Body. The
first such review shall commence no later than one year after the
present Protocol enters into force.
Article 11
Settlement of disputes
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 organisation 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 recognises 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 organisation may
make a declaration with like effect in relation to arbitration in
accordance with the procedures referred to in subparagraph (b).
3. A declaration made under paragraph (2) 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 12
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),
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 an equal number of
members appointed by each party concerned or, where parties in
conciliation share the same interest, by the group sharing that
interest, and a chairperson chosen jointly by the members so
appointed. The commission shall render a recommendatory award, which
the parties to the dispute shall consider in good faith.
Article 12
Annexes
The Annexes to the present Protocol shall form an integral part of
the Protocol.
Article 13
Amendments and adjustments
1. Any Party may propose amendments to the present Protocol. Any
Party to the Convention may propose an adjustment to Annex II to the
present Protocol to add to it its name, together with emission
levels, emission ceilings and percentage emission reductions.
2. Proposed amendments and adjustments shall be submitted in writing
to the Executive Secretary of the Commission, who shall communicate
them to all Parties. The Parties shall discuss the proposed
amendments and adjustments at the next session of the Executive
Body, provided that those proposals have been circulated by the
Executive Secretary to the Parties at least 90 days in advance.
3. Amendments to the present Protocol, including amendments to
Annexes II to IX, 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 90th 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 90th day after the date
on which that Party has deposited its instrument of acceptance
thereof.
4. Amendments to the Annexes to the present Protocol, other than to
the Annexes referred to in paragraph 3, shall be adopted by
consensus of the Parties present at a session of the Executive Body.
On the expiry of 90 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), provided that at least 16
Parties have not submitted such a notification.
5. Any Party that is unable to approve an amendment to an Annex,
other than to an Annex referred to in paragraph (3), shall so notify
the Depositary in writing within 90 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.
6. Adjustments to Annex II shall be adopted by consensus of the
Parties present at a session of the Executive Body and shall become
effective for all Parties to the present Protocol on the 90th day
following the date on which the Executive Secretary of the
Commission notifies those Parties in writing of the adoption of the
adjustment.
Article 14
Signature
1. The present Protocol shall be open for signature at Gothenburg
(Sweden) on 30 November and 1 December 1999, then at United Nations
Headquarters in New York until 30 May 2000, 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 organisations, 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
organisations concerned are Parties to the Convention and are listed
in Annex II.
2. In matters within their competence, such regional economic
integration organisations 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 organisations shall not be entitled to exercise such rights
individually.
Article 15
Ratification, acceptance, approval and accession
2. The present Protocol shall be open for accession as from 31 May
2000 by the States and organisations that meet the requirements of
Article 14 (1).
3. The instruments of ratification, acceptance, approval or
accession shall be deposited with the Depositary.
Article 16
Depositary
The Secretary-General of the United Nations shall be the Depositary.
Article 17
Entry into force
1. The present Protocol shall enter into force on the 90th day
following the date on which the 16th instrument of ratification,
acceptance, approval or accession has been deposited with the
Depositary.
2. For each State and organisation that meets the requirements of
Article 14 (1), which ratifies, accepts or approves the present
Protocol or accedes thereto after the deposit of the 16th instrument
of ratification, acceptance, approval or accession, the Protocol
shall enter into force on the 90th day following the date of deposit
by such Party of its instrument of ratification, acceptance,
approval or accession.
Article 18
Withdrawal
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 90th 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.
Article 19
Authentic texts
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 authorised thereto,
have signed the present Protocol.
Done at Gothenburg (Sweden), this thirtieth day of November one
thousand nine hundred and ninety-nine.
ANNEX I
CRITICAL LOADS AND LEVELS
I. CRITICAL LOADS OF ACIDITY
A. For Parties within the geographical scope of EMEP
1. Critical loads (as defined in Article 1) of acidity for
ecosystems are determined in accordance with the Convention's Manual
on methodologies and criteria for mapping critical levels/loads and
geographical areas where they are exceeded. They are the maximum
amount of acidifying deposition an ecosystem can tolerate in the
long term without being damaged. Critical loads of acidity in terms
of nitrogen take account of nitrogen removal processes within an
ecosystem (e.g. uptake by plants). Critical loads of acidity in
terms of sulphur do not. A combined sulphur and nitrogen critical
load of acidity considers nitrogen only when the nitrogen deposition
is greater than the ecosystem nitrogen-removal processes. All
critical loads reported by Parties are summarised for use in the
integrated assessment modelling employed to provide guidance for
setting the emission ceilings in Annex II.
B. For Parties in North America
2. For eastern Canada, critical sulphur plus nitrogen loads for
forested ecosystems have been determined with scientific
methodologies and criteria (1997 Canadian Acid Rain Assessment)
similar to those in the Convention's Manual on methodologies and
criteria for mapping critical levels/loads and geographical areas
where they are exceeded. Eastern Canada critical-load values (as
defined in Article 1) of acidity are for sulphate in precipitation
expressed in kg/ha/year. Alberta in western Canada, where deposition
levels are currently below the environmental limits, has adopted the
generic critical-load classification systems used for soils in
Europe for potential acidity. Potential acidity is defined by
subtracting the total (both wet and dry) deposition of base cations
from that of sulphur and nitrogen. In addition to critical loads for
potential acidity, Alberta has established target and monitoring
loads for managing acidifying emissions.
3. For the United States of America, the effects of acidification
are evaluated through an assessment of the sensitivity of
ecosystems, the total loading within ecosystems of acidifying
compounds and the uncertainty associated with nitrogen-removal
processes within ecosystems.
II. CRITICAL LOADS OF NUTRIENT NITROGEN
For Parties within the geographical scope of EMEP
5. Critical loads (as defined in Article 1) of nutrient nitrogen
(eutrophication) for ecosystems are determined in accordance with
the Convention's Manual on methodologies and criteria for mapping
critical levels/loads and geographical areas where they are
exceeded. They are the maximum amount of eutrophying nitrogen
deposition an ecosystem can tolerate in the long term without being
damaged. All critical loads reported by Parties are summarised for
use in the integrated assessment modelling employed to provide
guidance for setting the emission ceilings in Annex II.
III. CRITICAL LEVELS OF OZONE
A. For Parties within the geographical scope of EMEP
6. Critical levels (as defined in Article 1) of ozone are determined
to protect plants in accordance with the Convention's Manual on
methodologies and criteria for mapping critical levels/loads and
geographical areas where they are exceeded. They are expressed as a
cumulative exposure over a threshold ozone concentration of 40 ppb
(parts per billion by volume). This exposure index is referred to as
AOT40 (accumulated exposure over a threshold of 40 ppb). The AOT40
is calculated as the sum of the differences between the hourly
concentration (in ppb) and 40 ppb for each hour when the
concentration exceeds 40 ppb.
7. The long-term critical level of ozone for crops of an AOT40 of
3000 ppb.hours for May to July (used as a typical growing season)
and for daylight hours was used to define areas at risk where the
critical level is exceeded. A specific reduction of exceedances was
targeted in the integrated assessment modelling undertaken for the
present Protocol to provide guidance for setting the emission
ceilings in Annex II. The long-term critical level of ozone for
crops is considered also to protect other plants such as trees and
natural vegetation. Further scientific work is under way to develop
a more differentiated interpretation of exceedances of critical
levels of ozone for vegetation.
8. A critical level of ozone for human health is represented by the
WHO Air Quality Guideline level for ozone of 120 >ISO_7>ü>ISO_1>g/m3
as an eight-hour average. In collaboration with the World Health
Organisation's Regional Office for Europe (WHO/EURO), a critical
level expressed as an AOT60 (accumulated exposure over a threshold
of 60 ppb), i.e. 120 >ISO_7>ü>ISO_1>g/m3, calculated over one year,
was adopted as a surrogate for the WHO Air Quality Guideline for the
purpose of integrated assessment modelling. This was used to define
areas at risk where the critical level is exceeded. A specific
reduction of these exceedances was targeted in the integrated
assessment modelling undertaken for the present Protocol to provide
guidance for setting the emission ceilings in Annex II.
B. For Parties in North America
9. For Canada, critical levels of ozone are determined to protect
human health and the environment and are used to establish a
Canada-wide Standard for ozone. The emission ceilings in Annex II
are defined according to the ambition level required to achieve the
Canada-wide Standard for ozone.
10. For the United States of America, critical levels of ozone are
determined to protect public health with an adequate margin of
safety, to protect public welfare from any known or expected adverse
effects, and are used to establish a National Ambient Air Quality
Standard. Integrated assessment modelling and the Air Quality
Standard are used in providing guidance for setting the emission
ceilings and/or reductions for the United States of America in Annex
II.
ANNEX II
EMISSION CEILINGS
The emission ceilings listed in the tables below relate to the
provisions of Article 3 (1) and (10), of the present Protocol. The
1980 and 1990 emission levels and the percentage emission reductions
listed are given for information purposes only.
Table 1. Emission ceilings for sulphur (thousands of tonnes of SO2
per year)
>TABLE POSITION>
Table 2. Emission ceilings for nitrogen oxides (thousands of tonnes
of NO2 per year)
>TABLE POSITION>
Table 3. Emission ceilings for ammonia (thousands of tonnes of NH3
per year)
>TABLE POSITION>
Table 4. Emission ceilings for volatile organic compounds (thousands
of tonnes of VOC per year)
>TABLE POSITION>
ANNEX III
DESIGNATED POLLUTANT EMISSIONS MANAGEMENT AREA (PEMA)
The following PEMA is listed for the purpose of the present
Protocol:
Russian Federation PEMA
This is the area of Murmansk oblast, the Republic of Karelia,
Leningrad oblast (including St. Petersburg), Pskov oblast, Novgorod
oblast and Kaliningrad oblast. The boundary of the PEMA coincides
with the State and administrative boundaries of these constituent
entities of the Russian Federation.
ANNEX IV
LIMIT VALUES FOR EMISSIONS OF SULPHUR FROM STATIONARY SOURCES
1. Section A applies to Parties other than Canada and the United
States of America, section B applies to Canada and section C applies
to the United States of America.
A. Parties other than Canada and the United States of America
2. For the purpose of section A, except Table 2 and paragraphs (11)
and (12), limit value means the quantity of a gaseous substance
contained in the waste gases from an installation that is not to be
exceeded. Unless otherwise specified, it shall be calculated in
terms of mass of pollutant per volume of the waste gases (expressed
as mg/m3), assuming standard conditions for temperature and pressure
for dry gas (volume at 273,15 K, 101,3 kPa). With regard to the
oxygen content of the exhaust gas, the values given in the tables
below for each source category shall apply. Dilution for the purpose
of lowering concentrations of pollutants in waste gases is not
permitted. Start-up, shutdown and maintenance of equipment are
excluded.
3. Emissions shall be monitored in all cases(1). Compliance with
limit values shall be verified. The methods of verification can
include continuous or discontinuous measurements, type approval, or
any other technically sound method.
4. Sampling and analysis of pollutants, as well as reference
measurement methods to calibrate any measurement system, shall be
carried out in accordance with the standards laid down by the
European Committee for Standardisation (CEN) or by the International
Organisation for Standardisation (ISO). While awaiting the
development of CEN or ISO standards, national standards shall apply.
5. Measurements of emissions should be carried out continuously when
emissions of SO2 exceed 75 kg/h.
6. In the case of continuous measurement for new plants, compliance
with the emission standards is achieved if the calculated daily mean
values do not exceed the limit value and if no hourly value exceeds
the limit value by 100 %.
7. In the case of continuous measurements for existing plants,
compliance with the emission standards is achieved if (a) none of
the monthly mean values exceeds the limit values; and (b) 97 % of
all the 48-hour mean values do not exceed 110 % of the limit values.
8. In the case of discontinuous measurements, as a minimum
requirement, compliance with the emission standards is achieved if
the mean value based on an appropriate number of measurements under
representative conditions does not exceed the value of the emission
standard.
9. Boilers and process heaters with a rated thermal input exceeding
50 Mwth:
Table 1. Limit values for SOx emissions released from boilers((In
particular, the limit values shall not apply to:
- plants in which the products of combustion are used for direct
heating, drying, or any other treatment of objects or materials,
e.g. reheating furnaces, furnaces for heat treatment,
- post-combustion plants, i.e. any technical apparatus designed to
purify the waste gases by combustion that is not operated as an
independent combustion plant,
- facilities for the regeneration of catalytic cracking catalysts; ,
- facilities for the conversion of hydrogen sulphide into sulphur,
- reactors used in the chemical industry,
- coke battery furnaces,
- cowpers,
- waste incinerators,
- plants powered by diesel, petrol or gas engines or by combustion
turbines, irrespective of the fuel used.))
>TABLE POSITION>
10. Gas oil:
Table 2. Limit values for the sulphur content of gas oil(("Gas oil"
means any petroleum product within HS 2710, or any petroleum product
which, by reason of its distillation limits, falls within the
category of middle distillates intended for use as fuel and of which
at least 85 % by volume, including distillation losses, distils at
350 °C. Fuels used in on-road and non-road vehicles and agricultural
tractors are excluded from this definition. Gas oil intended for
marine use is included in the definition if it meets the description
above or it has a viscosity or density falling within the ranges of
viscosity or density defined for marine distillates in Table I of
ISO 8217 (1996).))
>TABLE POSITION>
11. Claus plant: for a plant that produces more than 50 Mg of
sulphur a day:
(a) sulphur recovery 99,5 % for new plant;
(b) sulphur recovery 97 % for existing plant.
12. Titanium dioxide production: in new and existing installations,
discharges arising from digestion and calcination steps in the
manufacture of titanium dioxide shall be reduced to a value of not
more than 10 kg of SO2-equivalent per Mg of titanium dioxide
produced.
B. Canada
13. Limit values for controlling emissions of sulphur dioxide from
new stationary sources in the following stationary source category
will be determined on the basis of available information on control
technology and levels including limit values applied in other
countries and the following document: Canada Gazette, Part I.
Department of the Environment. Thermal Power Generation Emissions -
National Guidelines for New Stationary Sources. May 15, 1993, pp.
14. Limit values for controlling emissions of sulphur dioxide from
new stationary sources in the following stationarysource categories
are specified in the following documents:
(1) Electric Utility Steam Generating Units - 40 Code of Federal
Regulations (C.F.R.) Part 60, Subpart D, and Subpart Da;
(2) Industrial-Commercial-Institutional Steam Generating Units - 40
C.F.R. Part 60, Subpart Db, and Subpart Dc;
(3) Sulphuric Acid Plants - 40 C.F.R. Part 60, Subpart H;
(4) Petroleum Refineries - 40 C.F.R. Part 60, Subpart J;
(5) Primary Copper Smelters - 40 C.F.R. Part 60, Subpart P;
(6) Primary Zinc Smelters - 40 C.F.R. Part 60, Subpart Q;
(7) Primary Lead Smelters - 40 C.F.R. Part 60, Subpart R;
(8) Stationary Gas Turbines - 40 C.F.R. Part 60, Subpart GG;
(9) Onshore Natural Gas Processing - 40 C.F.R. Part 60, Subpart LLL;
(10) Municipal Waste Combustors - 40 C.F.R. Part 60, Subpart Ea, and
Subpart Eb;
(11) Hospital/Medical/Infectious Waste Incinerators - 40 C.F.R. Part
60, Subpart Ec.
(1) Monitoring is to be understood as an overall activity,
comprising measuring of emissions, mass balancing, etc. It can be
carried out continuously or discontinuously.
ANNEX V
LIMIT VALUES FOR EMISSIONS OF NITROGEN OXIDES FROM STATIONARY
SOURCES
1. Section A applies to Parties other than Canada and the United
States of America, section B applies to Canada and section C applies
to the United States of America.
A. Parties other than Canada and the United States of America
2. For the purpose of section A, limit value means the quantity of a
gaseous substance contained in the waste gases from an installation
that is not to be exceeded. Unless otherwise specified, it shall be
calculated in terms of mass of pollutant per volume of the waste
gases (expressed as mg/m3), assuming standard conditions for
temperature and pressure for dry gas (volume at 273,15 K, 101,3
kPa). With regard to the oxygen content of exhaust gas, the values
given in the tables below for each source category shall apply.
Dilution for the purpose of lowering concentrations of pollutants in
waste gases is not permitted. Limit values generally address NO
together with NO2, commonly named NOx, expressed as NO2. Start-up,
shutdown and maintenance of equipment are excluded.
3. Emissions shall be monitored in all cases(1). Compliance with
limit values shall be verified. The methods of verification can
include continuous or discontinuous measurements, type approval, or
any other technically sound method.
4. Sampling and analysis of pollutants, as well as reference
measurement methods to calibrate any measurement system, shall be
carried out in accordance with the standards laid down by the
European Committee for Standardisation (CEN) or by the International
Organisation for Standardisation (ISO). While awaiting the
development of CEN or ISO standards, national standards shall apply.
5. Measurements of emissions should be carried out continuously when
emissions of NOx exceed 75 kg/h.
6. In the case of continuous measurements, except for existing
combustion plant covered in Table 1, compliance with the emission
standards is achieved if the calculated daily mean values do not
exceed the limit value and if no hourly value exceeds the limit
value by 100 %.
7. In the case of continuous measurements for existing combustion
plants covered in Table 1, compliance with the emission standards is
achieved if (a) none of the monthly mean values exceeds the emission
limit values; and (b) 95 % of all the 48-hour mean values do not
exceed 110 % of the emission limit values.
8. In the case of discontinuous measurements, as a minimum
requirement, compliance with the emission standards is achieved if
the mean value based on an appropriate number of measurements under
representative conditions does not exceed the value of the emission
standard.
9. Boilers and process heaters with a rated thermal input exceeding
50 MWth:
Table 1. Limit values for NOx emissions released from boilers((In
particular, the limit values shall not apply to:
- plants in which the products of combustion are used for direct
heating, drying, or any other treatment of objects or materials,
e.g. reheating furnaces, furnaces for heat treatment,
- post-combustion plants, i.e. any technical apparatus designed to
purify the waste gases by combustion that is not operated as an
independent combustion plant,
- facilities for the regeneration of catalytic cracking catalysts,
- facilities for the conversion of hydrogen sulphide into sulphur,
- reactors used in the chemical industry,
- coke battery furnaces,
- cowpers,
- waste incinerators,
- plants powered by diesel, petrol or gas engines or by combustion
turbines, irrespective of the fuel used.))
>TABLE POSITION>
10. Onshore combustion turbines with a rated thermal input exceeding
50 MWth: the NOx limit values expressed in mg/Nm3 (with an O2
content of 15 %) are to be applied to a single turbine. The limit
values in Table 2 apply only above 70 % load.
Table 2. Limit values for NOx emissions released from onshore
combustion turbines
>TABLE POSITION>
11. Cement production:
Table 3. Limit values for NOx emissions released from cement
production((Installations for the production of cement clinker in
rotary kilns with a capacity > 500 mg/day or in other furnaces with
a capacity > 50 Mg/day.))
>TABLE POSITION>
12. Stationary engines:
Table 4. Limit values for NOx emissions released from new stationary
engines
>TABLE POSITION>
13. Production and processing of metals:
Table 5. Limit values for NOx emissions released from primary iron
and steel production((Production and processing of metals: metal ore
roasting or sintering installations, installations for the
production of pig iron or steel (primary or secondary fusion)
including continuous casting with a capacity exceeding 2,5 Mg/hour,
installations for the processing of ferrous metals (hot rolling
mills > 20 Mg/hour of crude steel).))
>TABLE POSITION>
14. Nitric acid production:
Table 6. Limit values for NOx emissions released from nitric acid
production excluding acid concentration units
>TABLE POSITION>
B. Canada
15. Limit values for controlling emissions of nitrogen oxides (NOx)
from new stationary sources in the following stationary source
categories will be determined on the basis of available information
on control technology and levels including limit values applied in
other countries and the following documents:
(a) Canadian Council of Ministers of the Environment (CCME).
National Emission Guidelines for Stationary Combustion Turbines.
December 1992. PN1072;
(b) Canada Gazette, Part I. Department of the Environment. Thermal
Power Generation Emissions - National Guidelines for New Stationary
Sources. May 15, 1993, pp. 1633-1638;
(c) CCME. National Emission Guidelines for Cement Kilns. March 1998.
PN1284.
C. United States of America
16. Limit values for controlling emissions of NOx from new
stationary sources in the followingstationary source categories are
specified in the following documents:
(a) Coal-fired Utility Units - 40 Code of Federal Regulations
(C.F.R.) Part 76;
(b) Electric Utility Steam Generating Units - 40 C.F.R. Part 60,
Subpart D, and Subpart Da;
(c) Industrial-Commercial-Institutional Steam Generating Units - 40
C.F.R. Part 60, Subpart Db;
(d) Nitric Acid Plants - 40 C.F.R. Part 60, Subpart G;
(e) Stationary Gas Turbines - 40 C.F.R. Part 60, Subpart GG;
(f) Municipal Waste Combustors - 40 C.F.R. Part 60, Subpart Ea, and
Subpart Eb;
(g) Hospital/Medical/Infectious Waste Incinerators - 40 C.F.R. Part
60, Subpart Ec.
(1) Monitoring is to be understood as an overall activity,
comprising measuring of emissions, mass balancing, etc. It can be
carried out continuously or discontinuously.
ANNEX VI
LIMIT VALUES FOR EMISSIONS OF VOLATILE ORGANIC COMPOUNDS FROM
STATIONARY SOURCES
1. Section A applies to Parties other than Canada and the United
States of America, section B applies to Canada and section C applies
to the United States of America.
A. Parties other than Canada and the United States of America
2. This section of the present Annex covers the stationary sources
of non-methane volatile organic compound (NMVOC) emissions listed in
paragraphs (8) to (21) below. Installations or parts of
installations for research, development and testing of new products
and processes are not covered. Threshold values are given in the
sector-specific tables below. They generally refer to solvent
consumption or emission mass flow. Where one operator carries out
several activities falling under the same subheading at the same
installation on the same site, the solvent consumption or emission
mass flow of such activities are added together. If no threshold
value is indicated, the given limit value applies to all the
installations concerned.
3. For the purpose of section A of the present Annex:
(a) "storage and distribution of petrol" means the loading of
trucks, railway wagons, barges and seagoing ships at depots and
mineral oil refinery dispatch stations, excluding vehicle refuelling
at service stations covered by relevant documents on mobile sources;
(b) "adhesive coating" means any process in which an adhesive is
applied to a surface, with the exception of adhesive coating and
laminating associated with printing processes and wood and plastic
lamination;
(c) "wood and plastic lamination" means any process to adhere
together wood and/or plastic to produce laminated products;
(d) "coating processes" means the application of metal and plastic
surfaces to: passenger cars, truck cabins, trucks, buses or wooden
surfaces and covers any process in which a single or multiple
application of a continuous film of coating is laid onto:
(i) new vehicles (see below) defined as vehicles of category M1 and
of category N1 insofar as they are coated at the same installation
as M1 vehicles;
(ii) truck cabins, defined as the housing for the driver, and all
integrated housing for the technical equipment of category N2 and N3
vehicles;
(iii) vans and trucks defined as category N1, N2 and N3 vehicles,
but excluding truck cabins;
(iv) buses defined as category M2 and M3 vehicles;
(v) other metallic and plastic surfaces including those of
aeroplanes, ships, trains, etc., wooden surfaces, textile, fabric,
film and paper surfaces.
This source category does not include the coating of substrates with
metals by electrophoretic or chemical spraying techniques. If the
coating process includes a step in which the same article is
printed, that printing step is considered part of the coating
process. However, printing processes operated as a separate activity
are not included. In this definition:
- M1 vehicles are those used for the carriage of passengers and
comprising not more than eight seats in addition to the driver's
seat,
- M2 vehicles are those used for the carriage of passengers and
comprising more than eight seats in addition to the driver's seat,
and having a maximum mass not exceeding 5 Mg,
- M3 vehicles are those used for the carriage of passengers and
comprising more than eight seats in addition to the driver's seat,
and having a maximum mass exceeding 5 Mg,
- N1 vehicles are those used for the carriage of goods and having a
maximum mass not exceeding 3,5 Mg,
- N2 vehicles are those used for the carriage of goods and having a
maximum mass exceeding 3,5 Mg but not exceeding 12 Mg,
- N3 vehicles are those used for the carriage of goods and having a
maximum mass exceeding 12 Mg.
(e) "coil coating" means any processes where coiled steel, stainless
steel, coated steel, copper alloys or aluminium strip is coated with
either a film-forming or laminate coating in a continuous process;
(f) "dry cleaning" means any industrial or commercial process using
VOCs in an installation to clean garments, furnishings and similar
consumer goods with the exception of the manual removal of stains
and spots in the textile and clothing industry;
(g) "manufacturing of coatings, varnishes, inks and adhesives" means
the manufacture of coating preparations, varnishes, inks and
adhesives, and of intermediates as far as they are produced in the
same installation by mixing pigments, resins and adhesive materials
with organic solvents or other carriers. This category also includes
dispersion, predispersion, realization of a certain viscosity or
colour and packing the final products in containers;
(h) "printing" means any process of reproduction of text and/or
images in which, with the use of an image carrier, ink is
transferred onto a surface and applies to the following
subprocesses:
(i) flexography: a printing process using an image carrier of rubber
or elastic photopolymers on which the printing inks are above the
non-printing areas, using liquid inks that dry through evaporation;
(ii) heat set web offset: a web-fed printing process using an image
carrier in which the printing and non-printing areas are in the same
plane, where web-fed means that the material to be printed is fed to
the machine from a reel as distinct from separate sheets. The
non-printing area is treated to attract water and thus reject ink.
The printing area is treated to receive and transmit ink to the
surface to be printed. Evaporation takes place in an oven where hot
air is used to heat the printed material;
(iii) publication rotogravure: rotogravure used for printing paper
for magazines, brochures, catalogues or similar products, using
toluene-based inks;
(iv) rotogravure: a printing process using a cylindrical image
carrier in which the printing area is below the non-printing area,
using liquid inks that dry through evaporation. The recesses are
filled with ink and the surplus is cleaned off the non-printing area
before the surface to be printed contacts the cylinder and lifts the
ink from the recesses;
(v) rotary screen printing: a web-fed printing process in which the
ink is passed onto the surface to be printed by forcing it through a
porous image carrier, in which the printing area is open and the
non-printing area is sealed off, using liquid inks that dry only
through evaporation. Web-fed means that the material to be printed
is fed to the machine from a reel as distinct from separate sheets;
(vi) laminating associated to a printing process: the adhering of
two or more flexible materials to produce laminates;
(vii) varnishing: a process by which a varnish or an adhesive
coating is applied to a flexible material for the purpose of later
sealing the packaging material;
(i) "manufacturing of pharmaceutical products" means chemical
synthesis, fermentation, extraction, formulation and finishing of
pharmaceutical products and, where carried out at the same site, the
manufacture of intermediate products;
(j) "conversion of natural or synthetic rubber" means any process of
mixing, crushing, blending, calendering, extruding and vulcanisation
of natural or synthetic rubber and additionally processes for the
processing of natural or synthetic rubber to derive an end product;
(k) "surface cleaning" means any process except dry cleaning using
organic solvents to remove contamination from the surface of
material, including degreasing; a cleaning process consisting of
more than one step before or after any other processing step is
considered as one surface-cleaning process. The process refers to
the cleaning of the surface of products and not to the cleaning of
process equipment;
(l) "extraction of vegetable oil and animal fat and refining of
vegetable oil" means the extraction of vegetable oil from seeds and
other vegetable matter, the processing of dry residues to produce
animal feed, and the purification of fats and vegetable oils derived
from seeds, vegetable matter and/or animal matter;
(m) "vehicle refinishing" means any industrial or commercial coating
activity and associated degreasing activities performing:
(i) the coating of road vehicles, or part of them, carried out as
part of vehicle repair, conservation or decoration outside
manufacturing installations, or
(ii) the original coating of road vehicles, or part of them, with
refinishing-type materials, where this is carried out away from the
original manufacturing line, or
(iii) the coating of trailers (including semi-trailers);
(n) "impregnation of wooden surfaces" means any process impregnating
timber with preservative;
(o) "standard conditions" means a temperature of 273,15 K and a
pressure of 101,3 kPa;
(p) "NMVOCs" comprise all organic compounds except methane which at
273,15 K show a vapour pressure of at least 0,01 kPa or which show a
comparable volatility under the given application conditions;
(q) "waste gas" means the final gaseous discharge containing NMVOCs
or other pollutants from a stack or from emission abatement
equipment into air. The volumetric flow rates shall be expressed in
m3/h at standard conditions;
(r) "fugitive emission of NMVOCs" means any emission, not in waste
gases, of NMVOC into air, soil and water as well as, unless
otherwise stated, solvents contained in any product, and includes
uncaptured emissions of NMVOCs released to the outside environment
via windows, doors, vents and similar openings. Fugitive limit
values are calculated on the basis of a solvent management plan (see
Appendix I to the present Annex);
(s) "total emission of NMVOCs" means the sum of fugitive emission of
NMVOCs and emission of NMVOCs in waste gases;
(t) "input" means the quantity of organic solvents and their
quantity in preparations used when carrying out a process, including
the solvents recycled inside and outside the installation, and which
are counted every time they are used to carry out the activity;
(u) "limit value" means the maximum quantity of a gaseous substance
contained in the waste gases from an installation which is not to be
exceeded during normal operation. Unless otherwise specified, it
shall be calculated in terms of mass of pollutant per volume of the
waste gases (expressed as mg C/Nm3 unless specified otherwise),
assuming standard conditions for temperature and pressure for dry
gas. For solvent-using installations, limit values are given as mass
unit per characteristic unit of the respective activity. Gas volumes
that are added to the waste gas for cooling or dilution purposes
shall not be considered when determining the mass concentration of
the pollutant in the waste gas. Limit values generally address all
volatile organic compounds except methane (no further distinction is
made, e.g. in terms of reactivity or toxicity);
(v) "normal operation" means all periods of operation except
start-up and shutdown operations and maintenance of equipment;
(w) "substances harmful to human health" are subdivided into two
categories:
(i) halogenated VOCs that have the possible risk of irreversible
effects; or
(ii) hazardous substances that are carcinogens, mutagens or toxic to
reproduction or that may cause cancer, may cause heritable genetic
damage, may cause cancer by inhalation, may impair fertility or may
cause harm to the unborn child.
4. The following requirements shall be satisfied:
(a) emissions of NMVOCs shall be monitored(1) and compliance with
limit values shall be verified. The methods of verification may
include continuous or discontinuous measurements, type approval or
any other technically sound method; furthermore, they shall be
economically viable;
(b) the concentrations of air pollutants in gas-carrying ducts shall
be measured in a representative way. Sampling and analysis of all
pollutants, as well as reference measurement methods to calibrate
any measurement system, shall be carried out according to the
standards laid down by the European Committee for Standardisation
(CEN) or by the International Organisation for Standardisation
(ISO). While awaiting the development of CEN or ISO standards,
national standards shall apply;
(c) if measurements of emissions of NMVOCs are required, they should
be carried out continuously if emissions of NMVOCs exceed 10 kg of
total organic carbon (TOC)/h in the exhaust duct downstream from an
emission reduction installation and the hours of operation exceed
200 hours a year. For all other installations, discontinuous
measurement is required as a minimum. For the approval of
compliance, own approaches may be used provided that they result in
equal stringency;
(d) in the case of continuous measurements, as a minimum
requirement, compliance with the emission standards is achieved if
the daily mean does not exceed the limit value during normal
operation and no hourly average exceeds the limit values by 150 %.
For the approval of compliance, own approaches may be used provided
that they result in equal stringency;
(e) in the case of discontinuous measurements, as a minimum
requirement, compliance with the emission standards is achieved if
the mean value of all readings does not exceed the limit value and
no hourly mean exceeds the limit value by 150 %. For the approval of
compliance, own approaches may be used provided that they result in
equal stringency;
(f) all appropriate precautions shall be taken to minimize emissions
of NMVOCs during start-up and shutdown, and in case of deviations
from normal operation;
(g) measurements are not required if end-of-pipe abatement equipment
is not needed to comply with the limit values below and it can be
shown that limit values are not exceeded.
5. The following limit values should be applied for waste gases,
unless stated otherwise below:
(a) 20 mg substance/m3 for discharges of halogenated volatile
organic compounds (which are assigned the risk phrase "possible risk
of irreversible effects"), where the mass flow of the sum of the
considered compounds is greater than or equal to 100 g/h;
(b) 2 mg/m3 (expressed as the mass sum of individual compounds) for
discharges of volatile organic compounds (which are assigned the
following risk phrases: may cause cancer, heritable genetic damage,
cancer by inhalation or harm to the unborn child; may impair
fertility), where the mass flow of the sum of the considered
compounds is greater than or equal to 10 g/h.
6. For the source categories listed in paragraphs (9) to (21) below,
the following revisions are relevant:
(a) instead of applying the limit values for installations set out
below, the operators of the respective installations may be allowed
to use a reduction scheme (see Appendix II to the present Annex).
The purpose of a reduction scheme is to give the operator the
possibility to achieve by other means emission reductions equivalent
to those achieved if given limit values were to be applied;
(b) for fugitive emissions of NMVOCs, the fugitive emission values
set out below shall be applied as a limit value. However, where it
is demonstrated to the satisfaction of the competent authority that
for an individual installation this value is not technically and
economically feasible, the competent authority may exempt that
installation provided that significant risks to human health or the
environment are not expected. For each derogation, the operator must
demonstrate to the satisfaction of the competent authority that the
best available technique is used.
7. The limit values for VOC emissions for the source categories
defined in paragraph (3) shall be as specified in paragraphs (8) to
(21) below.
8. Storage and distribution of petrol:
Table 1. Limit values for VOC emissions released from the storage
and distribution of petrol, excluding the loading of seagoing ships
>TABLE POSITION>
Note:
The vapour displaced by the filling of petrol storage tanks shall be
displaced either into other storage tanks or into abatement
equipment meeting the limit values in the table above.
9. Adhesive coating:
Table 2. Limit values for NMVOC emissions released from adhesive
coating
>TABLE POSITION>
10. Wood and plastic lamination:
Table 3. Limit values for NMVOC emissions released from wood and
plastic lamination
>TABLE POSITION>
11. Coating processes (metal and plastic surfaces in passenger cars,
truck cabins, trucks, buses, wooden surfaces):
Table 4. Limit values for NMVOC emissions released from coating
processes in the car industry
>TABLE POSITION>
Table 5. Limit values for NMVOC emissions released from coating
processes in various industrial sectors
>TABLE POSITION>
12. Coil coating:
Table 6. Limit values for NMVOC emissions released from coil coating
>TABLE POSITION>
13. Dry cleaning:
Table 7. Limit values for NMVOC emissions released from dry cleaning
>TABLE POSITION>
14. Manufacturing of coatings, varnishes, inks and adhesives:
Table 8. Limit values for NMVOC emissions released from
manufacturing of coatings, varnishes, inks and adhesives
>TABLE POSITION>
15. Printing (flexography, heat set web offset, publication
rotogravure etc.):
Table 9. Limit values for NMVOC emissions released from printing
processes
>TABLE POSITION>
16. Manufacturing of pharmaceutical products:
Table 10. Limit values for NMVOC emissions released from
manufacturing of pharmaceutical products
>TABLE POSITION>
17. Conversion of natural or synthetic rubber:
Table 11. Limit values for NMVOC emission released from conversion
of natural or synthetic rubber
>TABLE POSITION>
18. Surface cleaning:
Table 12. Limit values for NMVOC emissions released from surface
cleaning
>TABLE POSITION>
19. Vegetable oil and animal fat extraction and vegetable oil
refining processes:
Table 13. Limit values for NMVOC emissions released from extraction
of vegetable and animal fat and refining of vegetable oil
>TABLE POSITION>
20. Vehicle refinishing:
Table 14. Limit values for NMVOC emissions released from vehicle
refinishing
>TABLE POSITION>
21. Impregnation of wooden surfaces:
Table 15. Limit values for NMVOC emissions released from
impregnation of wooden surfaces
>TABLE POSITION>
B. Canada
22. Limit values for controlling emissions of volatile organic
compounds (VOCs) from new stationary sources in the following
stationary source categories will be determined on the basis of
available information on control technology and levels, including
limit values applied in other countries, and the following
documents:
(a) Canadian Council of Ministers of the Environment (CCME).
Environmental Code of Practice for the Reduction of Solvent
Emissions from Dry Cleaning Facilities. December 1992. PN1053;
(b) CCME. Environmental Guideline for the Control of Volatile
Organic Compounds Process Emissions from New Organic Chemical
Operations. September 1993. PN1108;
(c) CCME. Environmental Code of Practice for the Measurement and
Control of Fugitive VOC Emissions from Equipment Leaks. October
1993. PN1106;
(d) CCME. A Program to Reduce Volatile Organic Compound Emissions by
40 Percent from Adhesives and Sealants. March 1994. PN1116;
(e) CCME. A Plan to Reduce Volatile Organic Compound Emissions by 20
Percent from Consumer Surface Coatings. March 1994. PN1114;
(f) CCME. Environmental Guidelines for Controlling Emissions of
Volatile Organic Compounds from Aboveground Storage Tanks. June
1995. PN1180;
(g) CCME. Environmental Code of Practice for Vapour Recovery during
Vehicle Refueling at Service Stations and Other Gasoline Dispersing
Facilities. (Stage II) April 1995. PN1184;
(h) CCME. Environmental Code of Practice for the Reduction of
Solvent Emissions from Commercial and Industrial Degreasing
Facilities. June 1995. PN1182;
(i) CCME. New Source Performance Standards and Guidelines for the
Reduction of Volatile Organic Compound Emissions from Canadian
Automotive Original Equipment Manufacturer (OEM) Coating Facilities.
August 1995. PN1234;
(j) CCME. Environmental Guideline for the Reduction of Volatile
Organic Compound Emissions from the Plastics Processing Industry.
July 1997. PN1276; and
(k) CCME. National Standards for the Volatile Organic Compound
Content of Canadian Commercial/Industrial Surface Coating Products -
Automotive Refinishing. August 1997. PN1288.
C. United States of America23. Limit values for controlling emissions of VOCs from new
stationary sources in the following stationary source categories are
specified in the following documents:
(a) Storage Vessels for Petroleum Liquids - 40 Code of Federal
Regulations (C.F.R.) Part 60, Subpart K, and Subpart Ka;
(b) Storage Vessels for Volatile Organic Liquids - 40 C.F.R. Part
60, Subpart Kb;
(c) Petroleum Refineries - 40 C.F.R. Part 60, Subpart J;
(d) Surface Coating of Metal Furniture - 40 C.F.R. Part 60, Subpart
EE;
(e) Surface Coating for Automobile and Light Duty Trucks - 40 C.F.R.
Part 60, Subpart MM;
(f) Publication Rotogravure Printing - 40 C.F.R. Part 60, Subpart
QQ;
(g) Pressure Sensitive Tape and Label Surface Coating Operations -
40 C.F.R. Part 60, Subpart RR;
(h) Large Appliance, Metal Coil and Beverage Can Surface Coating -
40 C.F.R. Part 60, Subpart SS, Subpart TT and Subpart WW;
(i) Bulk Gasoline Terminals - 40 C.F.R. Part 60, Subpart XX;
(j) Rubber Tire Manufacturing - 40 C.F.R. Part 60, Subpart BBB;
(k) Polymer Manufacturing - 40 C.F.R. Part 60, Subpart DDD;
(l) Flexible Vinyl and Urethane Coating and Printing - 40 C.F.R.
Part 60, Subpart FFF;
(m) Petroleum Refinery Equipment Leaks and Wastewater Systems - 40
C.F.R. Part 60, Subpart GGG and Subpart QQQ;
(n) Synthetic Fiber Production - 40 C.F.R. Part 60, Subpart HHH;
(o) Petroleum Dry Cleaners - 40 C.F.R. Part 60, Subpart JJJ;
(p) Onshore Natural Gas Processing Plants - 40 C.F.R. Part 60,
Subpart KKK;
(q) SOCMI Equipment Leaks, Air Oxidation Units, Distillation
Operations and Reactor Processes - 40 C.F.R. Part 60, Subpart VV,
Subpart III, Subpart NNN and Subpart RRR;
(r) Magnetic Tape Coating - 40 C.F.R. Part 60, Subpart SSS;
(s) Industrial Surface Coatings - 40 C.F.R. Part 60, Subpart TTT;
and
(t) Polymeric Coatings of Supporting Substrates Facilities - 40
C.F.R. Part 60, Subpart VVV.
(1) Monitoring is to be understood as an overall activity,
comprising measuring of emissions, mass balancing, etc. It can be
carried out continuously or discontinuously.
Appendix I
SOLVENT MANAGEMENT PLAN
Introduction
1. This Appendix to the Annex on limit values for emissions of
non-methane volatile organic compounds (NMVOCs) from stationary
sources provides guidance on carrying out a solvent management plan.
It identifies the principles to be applied (paragraph (2)), provides
a framework for the mass balance (paragraph (3)) and provides an
indication of the requirements for verification of compliance
(paragraph (4)).
Principles
2. The solvent management plan serves the following purposes:
(a) verification of compliance, as specified in the Annex;
(b) identification of future reduction options.
Definitions
3. The following definitions provide a framework for the mass
balance exercise:
(a) Inputs of organic solvents:
I1. The quantity of organic solvents or their quantity in
preparations purchased that are used as input into the process in
the time-frame over which the mass balance is being calculated.
I2. The quantity of organic solvents or their quantity in
preparations recovered and reused as solvent input into the process.
(The recycled solvent is counted every time it is used to carry out
the activity.)
(b) Outputs of organic solvents:
O1. Emission of NMVOCs in waste gases.
O2. Organic solvents lost in water, if appropriate taking into
account waste-water treatment when calculating O5.
O3. The quantity of organic solvents that remains as contamination
or residue in output of products from the process.
O4. Uncaptured emissions of organic solvents to air. This includes
the general ventilation of rooms, where air is released to the
outside environment via windows, doors, vents and similar openings.
O5. Organic solvents and/or organic compounds lost due to chemical
or physical reactions (including, for example, those that are
destroyed, e.g. by incineration or other waste-gas or waste-water
treatments, or captured, e.g. by adsorption, as long as they are not
counted under O6, O7 or O8).
O6. Organic solvents contained in collected waste.
O7. Organic solvents, or organic solvents contained in preparations,
that are sold or are intended to be sold as a commercially valuable
product.
O8. Organic solvents contained in preparations recovered for reuse
but not as input into the process, as long as they are not counted
under O7.
O9. Organic solvents released in other ways.
Guidance on use of the solvent management plan for verification of
compliance
4. The use of the solvent management plan will be determined by the
particular requirement which is to be verified, as follows:
(a) Verification of compliance with the reduction option mentioned
in paragraph (6)(a) of the Annex, with a total limit value expressed
in solvent emissions per unit product, or as otherwise stated in the
Annex.
(i) For all activities using the reduction option mentioned in
paragraph (6)(a) of the Annex, the solvent management plan should be
put into effect annually to determine consumption. Consumption can
be calculated by means of the following equation:
>REFERENCE TO A GRAPHIC>
A parallel exercise should also be undertaken to determine solids
used in coating in order to derive the annual reference emission and
the target emission each year;
(ii) for assessing compliance with a total limit value expressed in
solvent emissions per unit product or as otherwise stated in the
Annex, the solvent management plan should be put into effect
annually to determine emission of NMVOCs. Emission of NMVOCs can be
calculated by means of the following equation:
>REFERENCE TO A GRAPHIC>
Where F is the fugitive emission of NMVOC as defined in subparagraph
(b)(i) below. The emission figure should be divided by the relevant
product parameter;
(b) Determination of fugitive emission of NMVOCs for comparison with
fugitive emission values in the Annex:
(i) Methodology: The fugitive emission of NMVOC can be calculated by
means of the following equation:
>REFERENCE TO A GRAPHIC>
or
>REFERENCE TO A GRAPHIC>
This quantity can be determined by direct measurement of the
quantities. Alternatively, an equivalent calculation can be made by
other means, for instance by using the capture efficiency of the
process.
The fugitive emission value is expressed as a proportion of the
input, which can be calculated by means of the following equation:
>REFERENCE TO A GRAPHIC>
(ii) Frequency: Fugitive emission of NMVOCs can be determined by a
short but comprehensive set of measurements. This need not to be
done again until the equipment is modified.
Appendix II
REDUCTION SCHEME
Principles
1. The purpose of the reduction scheme is to allow the operator the
possibility to achieve by other means emission reductions equivalent
to those achieved if the limit values were to be applied. To that
end the operator may use any reduction scheme specially designed for
his installation, provided that in the end an equivalent emission
reduction is achieved. Parties shall report on progress in achieving
the same emission reduction, including experience with the
application of the reduction scheme.
Practice
2. If applying coatings, varnishes, adhesives or inks, the following
scheme can be used. Where it is inappropriate, the competent
authority may allow an operator to apply any alternative exemption
scheme which it is satisfied fulfils the principles outlined here.
The design of the scheme takes into account the following facts:
(a) where substitutes containing little or no solvent are still
under development, a time extension must be given to the operator to
implement his emission reduction plans;
(b) the reference point for emission reductions should correspond as
closely as possible to the emissions that would have resulted had no
reduction action been taken.
3. The following scheme shall operate for installations for which a
constant solid content of product can be assumed and used to define
the reference point for emission reductions.
(a) The operator shall forward an emission reduction plan which
includes in particular decreases in the average solvent content of
the total input and/or increased efficiency in the use of solids to
achieve a reduction of the total emissions from the installation to
a given percentage of annual reference emissions, termed the target
emission. This must be done in the following time frame:
>TABLE POSITION>
(b) The annual reference emission is calculated as follows:
(i) the total mass of solids in the quantity of coating and/or ink,
varnish or adhesive consumed in a year is determined. Solids are all
materials in coatings, inks, varnishes and adhesives that become
solid once the water or the volatile organic compounds are
evaporated;
(ii) the annual reference emissions are calculated by multiplying
the mass determined as in subparagraph (i) by the appropriate factor
listed in the table below. The competent authorities may adjust
these factors for individual installations to reflect documented
increased efficiency in the use of solids;
>TABLE POSITION>
(iii) the target emission is equal to the annual reference emission
multiplied by a percentage equal to:
- (The fugitive emission value + 15), for installations in the
following sectors:
- vehicle coating (solvent consumption < 15 Mg/year) and vehicle
refinishing,
- metal, plastic, textile, fabric, film and paper coating (solvent
consumption between 5 and 15 Mg/year),
- coating of wooden surfaces (solvent consumption between 15 and 25
Mg/year),
- (The fugitive emission value + 5) for all other installations;
(iv) compliance is achieved if the actual solvent emission
determined from the solvent management plan is less than or equal to
the target emission.
ANNEX VII
TIMESCALES UNDER ARTICLE 3
1. The timescales for the application of the limit values referred
to in Article 3(2) and (3), shall be:
(a) for new stationary sources, one year after the date of entry
into force of the present Protocol for the Party in question;
(b) for existing stationary sources:
(i) in the case of a Party that is not a country with an economy in
transition, one year after the date of entry into force of the
present Protocol or 31 December 2007, whichever is the later;
(ii) in the case of a Party that is a country with an economy in
transition, eight years after the entry into force of the present
Protocol.
2. The timescales for the application of the limit values for fuels
and new mobile sources referred to in Article 3(5), and the limit
values for gas oil referred to in Annex IV, Table 2, shall be:
(i) in the case of a Party that is not a country with an economy in
transition, the date of entry into force of the present Protocol or
the dates associated with the measures specified in Annex VIII and
with the limit values specified in Annex IV, Table 2, whichever is
the later; and
(ii) in the case of a Party that is a country with an economy in
transition, five years after the date of entry into force of the
present Protocol or five years after the dates associated with the
measures specified in Annex VIII and with the limit values in Annex
IV, Table 2, whichever is the later.
This timescale shall not apply to a Party to the present Protocol to
the extent that that Party is subject to a shorter timescale with
regard to gas oil under the Protocol on Further Reduction of Sulphur
Emissions.
3. For the purpose of the present Annex, "a country with an economy
in transition" means a Party that has made with its instrument of
ratification, acceptance, approval or accession a declaration that
it wishes to be treated as a country with an economy in transition
for the purposes of paragraphs (1) and/or (2) of this Annex.
ANNEX VIII
LIMIT VALUES FOR FUELS AND NEW MOBILE SOURCES
INTRODUCTION
1. Section A applies to Parties other than Canada and the United
States of America, section B applies to Canada and section C applies
to the United States of America.
2. The Annex contains limit values for NOx, expressed as nitrogen
dioxide (NO2) equivalents, and for hydrocarbons, most of which are
volatile organic compounds, as well as environmental specifications
for marketed fuels for vehicles.
3. The timescales for applying the limit values in this Annex are
laid down in Annex VII.
A. Parties other than Canada and the United States of America
Passenger cars and light-duty vehicles
4. Limit values for power-driven vehicles with at least four wheels
and used for the carriage of passengers (category M) and goods
(category N) are given in Table 1.
Heavy-duty vehicles
5. Limit values for engines for heavy-duty vehicles are given in
Tables 2 and 3 depending on the applicable test procedures.
Motorcycles and mopeds
6. Limit values for motorcycles and mopeds are given in Table 6 and
Table 7.
Non-road vehicles and machines
7. Limit values for agricultural and forestry tractors and other
non-road vehicle/machine engines are listed in Tables 4 and 5. Stage
I (Table 4) is based on ECE Regulation 96, "Uniform provisions
concerning the approval of compression-ignition (CI) engines to be
installed in agricultural and forestry tractors with regard to the
emissions of pollutants by the engine".
Fuel quality
8. Environmental quality specifications for petrol and diesel are
given in Tables 8 to 11.
Table 1. Limit values for passenger cars and light-duty vehicles
>TABLE POSITION>
Table 2. Limit values for heavy-duty vehicles - European
steady-state cycle (ESC) and European load-response (ELR) tests
>TABLE POSITION>
Table 3. Limit values for heavy-duty vehicles - European transient
cycle (ETC) test((The conditions for verifying the acceptability of
the ETC tests when measuring the emissions of gas-fuelled engines
against the limit values applicable in row A shall be re-examined
and, where necessary, modified in accordance with the procedure laid
down in Article 13 of Directive 70/156/EEC.))
>TABLE POSITION>
Table 4. Limit values (stage I) for diesel engines for non-road
mobile machines (measurement procedure ISO 8178)
>TABLE POSITION>
Note:
These limits are engine-out limits and shall be achieved before any
exhaust after-treatment service.
Table 5. Limit values (stage II) for diesel engines for non-road
mobile machines (measurement procedure ISO 8178)
>TABLE POSITION>
Table 6. Limit values for motorcycles and three- and four-wheelers (
> 50 cm3; > 45 km/h) to be applied from 17 June 1999((Type approval
shall be refused as from the given date if the vehicle's emissions
do not meet the limit values.))
>TABLE POSITION>
Note:
For three- and four-wheelers, the limit values have to be multiplied
by 1,5.
Table 7. Limit values for mopeds (< = 50 cm3; < 45 km/h)
>TABLE POSITION>
Table 8. Environmental specifications for marketed fuels to be used
for vehicles equipped with positive-ignition engines
Type: Petrol
>TABLE POSITION>
Note:
Parties shall ensure that, no later than 1 January 2000, petrol can
be marketed within their territory only if it complies with the
environmental specifications set out in Table 8. Where a Party
determines that banning petrol with a sulphur content which does not
comply with the specifications for sulphur content in Table 8, but
does not exceed the current content, would raise severe difficulties
for its industries in making the necessary changes in their
manufacturing facilities by 1 January 2000, it may extend the time
period of marketing within its territory until 1 January 2003 at the
latest. In such a case the Party 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 written information on the reason for this
to the Executive Body.
Table 9. Environmental specifications for marketed fuels to be used
for vehicles equipped with compression-ignition engines
Type: Diesel fuel
>TABLE POSITION>
Note:
Parties shall ensure that, no later than 1 January 2000, diesel fuel
can be marketed within their territory only if it complies with the
environmental specifications set out in Table 9. Where a Party
determines that banning diesel fuel with a sulphur content which
does not comply with the specifications for sulphur content in Table
9, but does not exceed the current content, would raise severe
difficulties for its industries in making the necessary changes in
their manufacturing facilities by 1 January 2000, it may extend the
time period of marketing within its territory until 1 January 2003
at the latest. In such a case the Party 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 written information on the reason
for this to the Executive Body.
Table 10. Environmental specifications for marketed fuels to be used
for vehicles equipped with positive-ignition engines
Type: Petrol
>TABLE POSITION>
Note:
Parties shall ensure that, no later than 1 January 2005, petrol can
be marketed within their territory only if it complies with the
environmental specifications set out in Table 10. Where a Party
determines that banning petrol with a sulphur content which does not
comply with the specifications for sulphur content in Table 10, but
does comply with Table 8, would raise severe difficulties for its
industries in making the necessary changes in their manufacturing
facilities by 1 January 2005, it may extend the time period of
marketing within its territory until 1 January 2007 at the latest.
In such a case the Party 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 written information on the reason for this to the Executive
Body.
Table 11. Environmental specifications for marketed fuels to be used
for vehicles equipped with compression-ignition engines
Type: Diesel fuel
>TABLE POSITION>
Note:
Parties shall ensure that, no later than 1 January 2005, diesel fuel
can be marketed within their territory only if it complies with the
environmental specifications set out in Table 11. Where a Party
determines that banning diesel fuel with a sulphur content which
does not comply with the specifications for sulphur content in Table
11, but does comply with Table 9, would raise severe difficulties
for its industries in making the necessary changes in their
manufacturing facilities by 1 January 2005, it may extend the time
period of marketing within its territory until 1 January 2007 at the
latest. In such a case the Party 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 written information on the reason for this
to the Executive Body.
B. Canada
9. New vehicle emission standards for light-duty vehicles,
light-duty trucks, heavy-duty vehicles, heavy-duty engines and
motorcycles: Motor Vehicle Safety Act (and successor legislation),
Schedule V of the Motor Vehicle Safety Regulations: Vehicle
Emissions (Standard 1100), SOR/97-376, (28 July, 1997), as amended
from time to time.
10. Canadian Environmental Protection Act, Diesel Fuel Regulations,
SOR/97-110 (4 February 1997, sulphur in diesel fuel), as amended
from time to time.
11. Canadian Environmental Protection Act, Benzene in Gasoline
Regulations, SOR/97-493 (6 November 1997), as amended from time to
time.
12. Canadian Environmental Protection Act, Sulphur in Gasoline
Regulations, Canada Gazette, Part II, June 4 1999, as amended from
time to time.
C. United States of America
13. Implementation of a mobile source emission control programme for
light-duty vehicles, light-duty trucks, heavy-duty trucks and fuels
to the extent required by sections 202(a), 202(g) and 202(h) of the
Clean Air Act, as implemented through:
(a) 40 Code of Federal Regulations (C.F.R.) Part 80, Subpart D -
Reformulated Gasoline;
(b) 40 C.F.R. Part 86, Subpart A - General Provisions for Emission
Regulations;
(c) 40 C.F.R. Part 80, section 80.29 - Controls and Prohibitions on
Diesel Fuel Quality.
ANNEX IX
MEASURES FOR THE CONTROL OF EMISSIONS OF AMMONIA FROM AGRICULTURAL
SOURCES
1. The Parties that are subject to obligations in Article 3(8)(a),
shall take the measures set out in this Annex.
2. Each Party shall take due account of the need to reduce losses
from the whole nitrogen cycle.
A. Advisory code of good agricultural practice
3. Within one year from the date of entry into force of the present
Protocol for it, a Party shall establish, publish and disseminate an
advisory code of good agricultural practice to control ammonia
emissions. The code shall take into account the specific conditions
within the territory of the Party and shall include provisions on:
- nitrogen management, taking account of the whole nitrogen cycle,
- livestock feeding strategies,
- low-emission manure-spreading techniques,
- low-emission manure-storage systems,
- low-emission animal housing systems,
- possibilities for limiting ammonia emissions from the use of
mineral fertilisers.
Parties should give a title to the code with a view to avoiding
confusion with other codes of guidance.
B. Urea and ammonium carbonate fertilisers
4. Within one year from the date of entry into force of the present
Protocol for it, a Party shall take such steps as are feasible to
limit ammonia emissions from the use of solid fertilisers based on
urea.
5. Within one year from the date of entry into force of the present
Protocol for it, a Party shall prohibit the use of ammonium
carbonate fertilisers.
C. Manure application
6. Each Party shall ensure that low-emission slurry application
techniques (as listed in guidance document V adopted by the
Executive Body at its seventeenth session (Decision 1999/1) and any
amendments thereto) that have been shown to reduce emissions by at
least 30 % compared to the reference specified in that guidance
document are used as far as the Party in question considers them
applicable, taking account of local soil and geomorphological
conditions, slurry type and farm structure. The timescales for the
application of these measures shall be: 31 December 2009 for Parties
with economies in transition and 31 December 2007 for other
Parties(1).
7. Within one year from the date of entry into force of the present
Protocol for it, a Party shall ensure that solid manure applied to
land to be ploughed shall be incorporated within at least 24 hours
of spreading as far as it considers this measure applicable, taking
account of local soil and geomorphological conditions and farm
structure.
D. Manure storage
8. Within one year from the date of entry into force of the present
Protocol for it, a Party shall use for new slurry stores on large
pig and poultry farms of 2000 fattening pigs or 750 sows or 40000
poultry, low-emission storage systems or techniques that have been
shown to reduce emissions by 40 % or more compared to the reference
(as listed in the guidance document referred to in paragraph (6)),
or other systems or techniques with a demonstrably equivalent
efficiency(2).
9. For existing slurry stores on large pig and poultry farms of 2000
fattening pigs or 750 sows or 40000 poultry, a Party shall achieve
emission reductions of 40 % in s ofar as the Party considers the
necessary techniques to be technically and economically feasible(3).
The timescales for the application of these measures shall be: 31
December 2009 for Parties with economies in transition and 31
December 2007 for all other Parties(4).
E. Animal housing
Protocol for it, a Party shall use, for new animal housing on large
pig and poultry farms of 2000 fattening pigs or 750 sows or 40000
poultry, housing systems which have been shown to reduce emissions
by 20 % or more compared to the reference (as listed in the guidance
document referred to in paragraph (6)), or other systems or
techniques with a demonstrably equivalent efficiency(5).
Applicability may be limited for animal welfare reasons, for
instance in straw-based systems for pigs and aviary and free-range
systems for poultry.
(1) For the purpose of the present Annex, "a country with an economy
in transition" means a Party that has made with its instrument of
ratification, acceptance, approval or accession a declaration that
it wishes to be treated as a country with an economy in transition
for the purposes of paragraphs (6) and/or (9) of this Annex.
(2) Where a Party judges that other systems or techniques with a
demonstrably equivalent efficiency can be used for manure storage
and animal housing in order to comply with paragraphs (8) and (10),
or where a Party judges the reduction of emissions from manure
storage required under paragraph (9) not to be technically or
economically feasible, documentation to this effect shall be
reported in accordance with Article (7)(1)(a).
(3) Where a Party judges that other systems or techniques with a
demonstrably equivalent efficiency can be used for manure storage
and animal housing in order to comply with paragraphs (8) and (10),
or where a Party judges the reduction of emissions from manure
storage required under paragraph (9) not to be technically or
economically feasible, documentation to this effect shall be
reported in accordance with Article (7)(1)(a).
(4) For the purpose of the present Annex, "a country with an economy
in transition" means a Party that has made with its instrument of
ratification, acceptance, approval or accession a declaration that
it wishes to be treated as a country with an economy in transition
for the purposes of paragraphs (6) and/or (9) of this Annex.
(5) Where a Party judges that other systems or techniques with a
demonstrably equivalent efficiency can be used for manure storage
and animal housing in order to comply with paragraphs (8) and (10),
or where a Party judges the reduction of emissions from manure
storage required under paragraph (9) not to be technically or
economically feasible, documentation to this effect shall be
reported in accordance with Article (7)(1)(a).