prop · GM03141 · 1999-01-01 00:00:00 — 2. i frågor inom deras behörighet skall sådana organisationer för regional ekonomisk integration självständigt utöva de rättigheter och uppfylla de skyldigheter som detta protokoll tillskriver deras medlemsstater. I sådana fall skall dessa organisationers medlemsstater inte ha rätt att utöva sådana rättigheter var och en för sig. Artikel 16 RATIFIKATION, GODTAGANDE, GODKÄNNANDE OCH ANSLUTNING Detta protokoll skall ratificeras, godtas eller godkännas av signatärerna, 2. detta protokoll skall vara öppet för anslutning från av de stater och organisationer som uppfyller kraven i artikel 15, punkt 1. Ratifikations-, antagande-, godkännande-, eller anslutningsinstrument skall deponeras hos generalsekreterare, som skall fungera som depositarie. Detta protokoll träder i kraft den nittionde dagen efter den dag då det sextonde ratifikations-, godtagande-, godkännande- eller anslutningsinstrumentet deponerades hos depositarien, 2. för varje stat eller organisation som avses i artikel 15, punkt 1, som ratificerar, godtar eller godkänner detta protokoll eller ansluter sig till det efter deponering av det sextonde ratifikations-, godtagande-, godkännande- eller anslutningsinstrumentet, träder protokollet i kraft den nittionde dagen efter den dag då denna part deponerade sitt ratifikations-, godtagande-, godkännande- eller anslutningsinstrument. När som helst efter den dag då detta protokoll har trätt i kraft för en part får den parten frånträda protokollet genom skriftlig notifikation till depositarien. Varje sådant frånträde skall träda i kraft den nittionde dagen efter den dag då depositarien mottog notifikationen om frånträde, eller på senare dag som kan anges i notifikationen. Originalet till detta protokoll, vars engelska, franska och ryska texter är lika giltiga, skall deponeras hos generalsekreterare. TILL BEKRÄFTELSE HÄRAV har undertecknande, därtill vederbörligen bemyndigade, undertecknat detta protokoll. Upprättat i () . PROTOCOL TO THE 1979 CONVENTION ON LONG-RANGE TRANSBOUNDARY AIR POLLUTION ON PERSISTANT ORGANIC POLLUTANTS Determined to implement the Convention on , Recognizing that emissions of many persistent organic pollutants are transported across international boundaries and are deposited in Europe, North and the Arctic, far from their site of origin, and that the atmosphere is the dominant medium of transport, Aware that persistent organic pollutants resist degradation under natural conditions and have been associated with adverse effects on human health and the environment, Concerned that persistent organic pollutants can biomagnify in upper trophic levels to concentrations which might affect the health of exposed wildlife and humans, Acknowledging that the Arctic ecosystems and especially its indigenous people, who subsist on Arctic fish and mammals, are particularly at risk because of the biomagnification of persistent organic pollutants, Mindful that measures to control emissions of persistent organic pollutants would also contribute to the protection of the environment and human health in areas outside the United Nations Economic Commission for Europe''''s region, including the Arctic and international waters, Resolved to take measures to anticipate, prevent or minimize emissions of persistent organic pollutants, taking into account the application of the precautionary approach, as set forth in principle 15 of the 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 development 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, Noting the need for global action on persistent organic pollutants and recalling the role envisaged in chapter 9 of for regional agreements to reduce global transboundary air pollution and, in particular, for the United Nations Economic Commission for Europe to share its regional experience with other regions of the world, Recognizing that there are subregional, regional and global regimes in place, including international instruments governing the management of hazardous wastes, their transboundary movement and disposal, in particular the Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, Considering that the predominant sources of air pollution contributing to the accumulation of persistent organic pollutants are the use of certain pesticides, the manufacture and use of certain chemicals, and the unintentional formation of certain substances in waste incineration, combustion, metal production and mobile sources, Aware that techniques and management practices are available to reduce emissions of persistent organic pollutants into the air, Conscious of the need for a cost-effective regional approach to combating air pollution, Noting the important contribution of the private and non-governmental sectors to knowledge of the effects associated with persistent organic pollutants, available alternatives and abatement techniques, and their role in assisting in the reduction of emissions of persistent organic pollutants, Bearing in mind that measures taken to reduce persistent organic pollutant emissions should not constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on international competition and trade, Taking into consideration existing scientific and technical data on emissions, atmospheric processes and effects on human health and the environment of persistent organic pollutants, as well as on abatement costs, and acknowledging the need to continue scientific and technical cooperation to further the understanding of these issues, Recognizing the measures on persistent organic pollutants already taken by some of the Parties on a national level and/or under other international conventions, agreed as follows: For the purposes of the present Protocol, Convention means the Convention on , adopted in on ; "EMEP" means the Cooperative Programme for Monitoring and Evaluation of the Long-range Transmission of in Europe; "Executive Body" means the Executive Body for the Convention constituted under article 10, paragraph 1, of the Convention; "Commission" means the United Nations Economic Commission for Europe; "Parties" means, unless the context otherwise requires, the Parties to the present Protocol; "Geographical scope of EMEP" means the area defined in article 1, paragraph 4, of the Protocol to the 1979 Convention on on Long-term Financing of the Cooperative Programme for Monitoring and Evaluation of the Long-range Transmission of in Europe (EMEP), adopted in on ; "Persistent organic pollutants" (POPs) are organic substances that: (i) possess toxic characteristics; (ii) are persistent; (iii) bioaccumulate; (iv) are prone to long-range transboundary atmospheric transport and deposition; and (v) are likely to cause significant adverse human health or environmental effects near to and distant from their sources; "Substance" means a single chemical species, or a number of chemical species which form a specific group by virtue of (a) having similar properties and being emitted together into the environment; or (b) forming a mixture normally marketed as a single article; "Emission" means the release of a substance from a point or diffuse source into the atmosphere; "Stationary source" means any fixed , structure, facility, installation, or equipment that emits or may emit any persistent organic pollutant directly or indirectly into the atmosphere; "Major stationary source category" means any stationary source category listed in annex VIII; "New stationary source" means any stationary source of which the construction or substantial modification is commenced after the expiry of two years from the date of entry into force of: (i) this Protocol; or (ii) an amendment to annex III or VIII, where the stationary source becomes subject to the provisions of this Protocol only by virtue of that amendment. 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. The objective of the present Protocol is to control, reduce or eliminate discharges, emissions and losses of persistent organic pollutants. Article 3 BASIC OBLIGATIONS Except where specifically exempted in accordance with article 4, each Party shall take effective measures: (a) To eliminate the production and use of the substances listed in annex I in accordance with the implementation requirements specified therein; (b) (i) To ensure that, when the substances listed in annex I are destroyed or disposed of, such destruction or disposal is undertaken in an environmentally sound , taking into account relevant subregional, regional and global regimes governing the management of hazardous wastes and their disposal, in particular the Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal; (ii) To endeavour to ensure that the disposal of substances listed in annex I is carried out domestically, taking into account pertinent environmental considerations; (iii) To ensure that the transboundary movement of the substances listed in annex I is conducted in an environmentally sound , taking into consideration applicable subregional, regional, and global regimes governing the transboundary movement of hazardous wastes, in particular the Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal; (c) To restrict the substances listed in annex II to the uses described, in accordance with the implementation requirements specified therein. The requirements specified in paragraph 1 (b) above shall become effective for each substance upon the date that production or use of that substance is eliminated, whichever is later. For substances listed in annex I, II, or III, each Party should develop appropriate strategies for identifying articles still in use and wastes containing such substances, and shall take appropriate measures to ensure that such wastes and such articles, upon becoming wastes, are destroyed or disposed of in an environmentally sound . For the purposes of paragraphs 1 to 3 above, the terms waste, disposal, and environmentally sound shall be interpreted in a consistent with the use of those terms under the Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal. Each Party shall: (a) Reduce its total annual emissions of each of the substances listed in annex III from the level of the emission in a reference year set in accordance with that annex by taking effective measures, appropriate in its particular circumstances; (b) No later than the timescales specified in annex VI, apply: (i) The best available techniques, taking into consideration annex V, to each new stationary source within a major stationary source category for which annex V identifies best available techniques; (ii) Limit values at least as stringent as those specified in annex IV to each new stationary source within a category mentioned in that annex, taking into consideration annex V. A Party may, as an alternative, apply different emission reduction strategies that achieve equivalent overall emission levels; (iii) The best available techniques, taking into consideration annex V, to each existing stationary source within a major stationary source category for which annex V identifies best available techniques, insofar as this is technically and economically feasible. A Party may, as an alternative, apply different emission reduction strategies that achieve equivalent overall emission reductions; (iv) Limit values at least as stringent as those specified in annex IV to each existing stationary source within a category mentioned in that annex, insofar as this is technically and economically feasible, taking into consideration annex V. A Party may, as an alternative, apply different emission reduction strategies that achieve equivalent overall emission reductions; (v) Effective measures to control emissions from mobile sources, taking into consideration annex VII. In the case of residential combustion sources, the obligations set out in paragraph 5 (b) (i) and (iii) above shall refer to all stationary sources in that category taken together. Where a Party, after the application of paragraph 5 (b) above, cannot achieve the requirements of paragraph 5 (a) above for a substance specified in annex III, it shall be exempted from its obligations in paragraph 5 (a) above for that substance. Each Party shall develop and maintain emission inventories for the substances listed in annex III, and shall collect available information relating to the production and sales of the substances listed in annexes I and II, for those Parties within the geographical scope of EMEP, using, as a minimum, the methodologies and the spatial and temporal resolution specified by the Steering Body of EMEP, and, for those Parties outside the geographical scope of EMEP, using as guidance the methodologies developed through the work plan of the Executive Body. It shall report this information in accordance with the reporting requirements set out in article 9 below. Article 3, paragraph 1, shall not apply to quantities of a substance to be used for laboratory-scale research or as a reference standard. A Party may grant an exemption from article 3, paragraphs 1 (a) and (c), in respect of a particular substance, provided that the exemption is not granted or used in a that would undermine the objectives of the present Protocol, and only for the following purposes and under the following conditions: (a) For research other than that referred to in paragraph 1 above, if: (i) No significant quantity of the substance is expected to reach the environment during the proposed use and subsequent disposal; (ii) The objectives and parameters of such research are subject to assessment and authorization by the Party; and (iii) In the event of a significant release of a substance into the environment, the exemption will terminate immediately, measures will be taken to mitigate the release as appropriate, and an assessment of the containment measures will be conducted before research may resume; (b) To manage as necessary a public health emergency, if: (i) No suitable alternative measures are available to the Party to address the situation; (ii) The measures taken are proportional to the magnitude and severity of the emergency; (iii) Appropriate precautions are taken to protect human health and the environment and to ensure that the substance is not used outside the geographical area subject to the emergency; (iv) The exemption is granted for a period of time that does not exceed the duration of the emergency; and (v) Upon termination of the emergency, any remaining stocks of the substance are subject to the provisions of article 3, paragraph 1 (b); (c) For a minor application judged to be essential by the Party, if: (i) The exemption is granted for a maximum of five years; (ii) The exemption has not previously been granted by it under this article; (iii) No suitable alternatives exist for the proposed use; (iv) The Party has estimated the emissions of the substance resulting from the exemption and their contribution to the total emissions of the substance from the Parties; (v) Adequate precautions are taken to ensure that the emissions to the environment are minimized; and (vi) Upon termination of the exemption, any remaining stocks of the substance are subject to the provisions of article 3, paragraph 1 (b). Each Party shall, no later than ninety days after granting an exemption under paragraph 2 above, provide the secretariat with, as a minimum, the following information: (a) The chemical name of the substance subject to the exemption; (b) The purpose for which the exemption has been granted; (c) The conditions under which the exemption has been granted; (d) The length of time for which the exemption has been granted; (e) Those to whom, or the organization to which, the exemption applies; and (f) For an exemption granted under paragraphs 2 (a) and (c) above, the estimated emissions of the substance as a result of the exemption and an assessment of their contribution to the total emissions of the substance from the Parties. The secretariat shall make available to all Parties the information received under paragraph 3 above. Article 5 EXCHANGE OF INFORMATION AND TECHNOLOGY The Parties shall, in a consistent with their laws, regulations and practices, create favourable conditions to facilitate the exchange of information and technology designed to reduce the generation and emission of persistent organic pollutants and to develop cost- effective alternatives, by promoting, inter alia: (a) Contacts and cooperation among appropriate organizations and individuals in the private and public sectors that are capable of providing technology, design and services, equipment or finance; (b) The exchange of and access to information on the development and use of alternatives to persistent organic pollutants as well as on the evaluation of the risks that such alternatives pose to human health and the environment, and information on the economic and social costs of such alternatives; (c) The compilation and regular updating of lists of their designated authorities engaged in similar activities in other international forums; (d) The exchange of information on activities conducted in other international forums. Article 6 PUBLIC AWARENESS The Parties shall, consistent with their laws, regulations and practices, promote the provision of information to the general public, including individuals who are direct users of persistent organic pollutants. This information may include, inter alia: (a) Information, including labelling, on risk assessment and hazard; (b) Information on risk reduction; (c) Information to encourage the elimination of persistent organic pollutants or a reduction in their use, including, where appropriate, information on integrated pest management, integrated crop management and the economic and social impacts of this elimination or reduction; and (d) Information on alternatives to persistent organic pollutants, as well as an evaluation of the risks that such alternatives pose to human health and the environment, and information on the economic and social impacts of such alternatives. Article 7 STRATEGIES, POLICIES, PROGRAMMES, MEASURES AND INFORMATION Each Party shall, no later than six months after the date on which this Protocol enters into force for it, develop strategies, policies and programmes in order to discharge its obligations under the present Protocol. Each Party shall: (a) Encourage the use of economically feasible, environmentally sound management techniques, including best environmental practices, with respect to all aspects of the use, production, release, processing, distribution, handling, transport and reprocessing of substances subject to the present Protocol and manufactured articles, mixtures or solutions containing such substances; (b) Encourage the implementation of other management programmes to reduce emissions of persistent organic pollutants, including voluntary programmes and the use of economic instruments; (c) Consider the adoption of additional policies and measures as appropriate in its particular circumstances, which may include non-regulatory approaches; (d) Make determined efforts that are economically feasible to reduce levels of substances subject to the present Protocol that are contained as contaminants in other substances, chemical products or manufactured articles, as soon as the relevance of the source has been established; (e) Take into consideration in its programmes for evaluating substances, the characteristics specified in paragraph 1 of Executive Body decision 1998/2 on information to be submitted and procedures for adding substances to annex I, II or III, including any amendments thereto. The Parties may take more stringent measures than those required by the present Protocol. Article 8 RESEARCH, DEVELOPMENT AND MONITORING The Parties shall encourage research, development, monitoring and cooperation related, but not limited, to: (a) Emissions, long-range transport and deposition levels and their modelling, existing levels in the biotic and abiotic environment, the elaboration of procedures for harmonizing relevant methodologies; (b) Pollutant pathways and inventories in representative ecosystems; (c) Relevant effects on human health and the environment, including quantification of those effects; (d) Best available techniques and practices, including agricultural practices, and emission control techniques and practices currently employed by the Parties or under development; (e) Methodologies permitting consideration of socio-economic factors in the evaluation of alternative control strategies; (f) An effects-based approach which integrates appropriate information, including information obtained under subparagraphs (a) to (e) above, on measured or modelled environmental levels, pathways, and effects on human health and the environment, for the purpose of formulating future control strategies which also take into account economic and technological factors; (g) Methods for estimating national emissions and projecting future emissions of individual persistent organic pollutants and for evaluating how such estimates and projections can be used to structure future obligations; (h) Levels of substances subject to the present Protocol that are contained as contaminants in other substances, chemical products or manufactured articles and the significance of these levels for long-range transport, as well as techniques to reduce levels of these contaminants, and, in addition, levels of persistent organic pollutants generated during the life cycle of treated with pentachlorophenol. Priority should be given to research on substances considered to be the most likely to be submitted under the procedures specified in article 14, paragraph 6. Subject to its laws governing the confidentiality of commercial information: (a) Each Party shall report, through the Executive Secretary of the Commission, to the Executive Body, on a periodic basis as determined by the Parties meeting within the Executive Body, information on the measures that it has taken to implement the present Protocol; (b) Each Party within the geographical scope of EMEP shall report, through the Executive Secretary of the Commission, to EMEP, on a periodic basis to be determined by the Steering Body of EMEP and approved by the Parties at a session of the Executive Body, information on the levels of emissions of persistent organic pollutants using, as a minimum, the methodologies and the temporal and spatial resolution specified by the Steering Body of EMEP. Parties in areas outside the geographical scope of EMEP shall make available similar information to the Executive Body if requested to do so. Each Party shall also provide information on the levels of emissions of the substances listed in annex III for the reference year specified in that annex. The information to be reported in accordance with paragraph 1 (a) above shall be in conformity with a decision regarding format and content to be adopted by the Parties at a session of the Executive Body. The terms of this decision shall be reviewed as necessary to identify any additional elements regarding the format or the content of the information that is to be included in the reports.