Proposal for a Council Decision on the conclusion on behalf of the European Community of the 1998 Protocol to the 1979 Convention on long range transboundary air pollution on heavy metals
Date: 2000-04-12
Institutions: European Commission
Subjects: air quality, environmental protection, heavy metal, public health, waste incineration

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Proposal for a Council Decision on the conclusion on behalf of the European Community of the
1998 Protocol to the 1979 Convention on Long Range Transboundary Air Pollution on Heavy
Metals

(2000/C 311 E/07)

(Text with EEA relevance)

COM(2000) 177 final (cid:151) 2000/0082(CNS)

(Submitted by the Commission on 12 April 2000)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 174(4),
in conjunction
with Article 300(2), first sentence of the first subparagraph,
and (3), first subparagraph, thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Whereas:

(1) The Community signed in Aarhus on 24 June 1998 the
Protocol to the 1979 Convention on Long Range Trans-
boundary Air Pollution on Heavy Metals (hereafter (cid:145)the
Protocol(cid:146)).

(2) The Protocol aims at controlling emissions of heavy metals
caused by anthropogenic activities that are subject
to
long-range transboundary atmospheric transport and that
are likely to have significant adverse effects on human
health or the environment.

(3) The Protocol

stipulates

total annual
lead and
emissions into the atmosphere of cadmium,
mercury, and the application of product control measures.

the reduction of

(5) The Community and the Member States cooperate, in the
respective competences, with third

framework of
countries and the competent international organisations.

their

(6) The Community,

in consequence,

should approve the

Protocol,

HAS DECIDED AS FOLLOWS:

Article 1

The Protocol to the 1979 Convention on Long Range Trans-
boundary Air Pollution on Heavy Metals, signed on 24 June
1998, is hereby approved on behalf of the Community.

The text of the Protocol is attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate
the person or persons empowered to deposit the instrument of
approval with the Secretary General of the United Nations, in
accordance with Article 16 of the Protocol.

(4) The measures envisaged in the Protocol contribute to
the Community policy on

achieving objectives of
environment.

Article 3

This Decision will be published in the Official Journal of the
European Communities.

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to the 1979 Convention on long-range Transboundary Air Pollution on Heavy Metals

PROTOCOL

THE PARTIES,

DETERMINED to implement the Convention on Long-range Transboundary Air Pollution,

CONCERNED that emissions of certain heavy metals are transported across national boundaries and may
cause damage to ecosystems of environmental and economic importance and may have harmful effects on
human health,

CONSIDERING that combustion and industrial processes are the predominant anthropogenic sources of
emissions of heavy metals into the atmosphere,

ACKNOWLEDGING that heavy metals are natural constituents of the Earth’s crust and that many heavy
metals in certain forms and appropriate concentrations are essential to life,

TAKING INTO CONSIDERATION existing scientific and technical data on the emissions, geochemical
processes, atmospheric transport and effects on human health and the environment of heavy metals, as
well as on abatement techniques and costs,

AWARE that techniques and management practices are available to reduce air pollution caused by the
emissions of heavy metals,

RECOGNIZING that countries in the region of the United Nations Economic Commission for Europe
(UN/ECE) have different economic conditions, and that in certain countries the economies are in transition,

RESOLVED to take measures to anticipate, prevent or minimize emissions of certain heavy metals and their
related compounds, 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 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,

MINDFUL that measures to control emissions of heavy metals would also contribute to the protection of the
environment and human health in areas outside the UN/ECE region, including the Arctic and international
waters,

NOTING that abating the emissions of specific heavy metals may provide additional benefits for the
abatement of emissions of other pollutants,

AWARE that further and more effective action to control and reduce emissions of certain heavy metals may
be needed and that, for example, effects-based studies may provide a basis for further action,

NOTING the important contribution of the private and non-governmental sectors to knowledge of the
effects associated with heavy metals, available alternatives and abatement techniques, and their role in
assisting in the reduction of emissions of heavy metals,

BEARING in mind the activities related to the control of heavy metals at the national level and in inter-
national forums,

HAVE AGREED AS FOLLOWS:

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Article 1

Definitions

Article 2

Objective

For the purposes of the present Protocol,

(cid:145)Convention(cid:146) means the Convention on Long-range Trans-
on
boundary Air
13 November 1979;

in Geneva

Pollution,

adopted

(cid:145)EMEP(cid:146) means the Cooperative Programme for Monitoring
and Evaluation of Long-range Transmission of Air
Pollutants in Europe;

(cid:145)Executive Body(cid:146) means
the
Convention constituted under Article 10, paragraph 1, of
the Convention;

the Executive Body for

1.

2.

3.

4.

The objective of the present Protocol is to control emissions of
heavy metals caused by anthropogenic activities that are subject
to long-range transboundary atmospheric transport and are
likely to have significant adverse effects on human health or
the environment,
the
following articles.

in accordance with the provisions of

Article 3

Basic obligations

1.
Each Party shall reduce its total annual emissions into the
atmosphere of each of the heavy metals listed in annex I from
the level of the emission in the reference year set in accordance
with that annex by taking effective measures, appropriate to its
particular circumstances.

(cid:145)Commission(cid:146) means
Commission for Europe;

the United Nations

Economic

Each Party shall, no later than the timescales specified in

2.
annex IV, apply:

5.

(cid:145)Parties(cid:146) means, unless the context otherwise requires, the
Parties to the present Protocol;

6.

the Protocol

(cid:145)Geographical scope of EMEP(cid:146) means the area defined in
Article 1, paragraph 4, of
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 Trans-
mission of Air Pollutants in Europe (EMEP), adopted in
Geneva on 28 September 1984;

7.

(cid:145)Heavy metals(cid:146) means those metals or,
in some cases,
metalloids which are stable and have a density greater
than 4,5 g/cm3 and their compounds;

8.

(cid:145)Emission(cid:146) means a release from a point or diffuse source
into the atmosphere;

9.

(cid:145)Stationary source(cid:146) means any fixed building, structure,
facility, installation, or equipment that emits or may emit
a heavy metal listed in annex I directly or indirectly into
the atmosphere;

10.

11.

(cid:145)New stationary source(cid:146) 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:
(ii) an
(i)
amendment to annex I or II, 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 modi-
fication is substantial or not, taking into account such
factors as the environmental benefits of the modification;

this Protocol; or

is

(cid:145)Major stationary source category(cid:146) means any stationary
listed in annex II and that
source category that
contributes at
total
emissions from stationary sources of a heavy metal listed
in annex I for the reference year specified in accordance
with annex I.

least one per cent

to a Party’s

(a) The best available techniques,

taking into consideration
annex III, to each new stationary source within a major
stationary source category for which annex III
identifies
best available techniques;

(b) The limit values

source within a major

specified in annex V to each new
stationary
source
category. A Party may, as an alternative, apply different
emission reduction strategies
equivalent
overall emission levels;

stationary

achieve

that

(c) The best available techniques,

taking into consideration
to each existing stationary source within a
annex III,
major
stationary source category for which annex III
identifies best available techniques. A Party may, as an alter-
native, apply different emission reduction strategies that
achieve equivalent overall emission reductions;

source within a major

(d) The limit values specified in annex V to each existing
source
stationary
category,
insofar as this is technically and economically
feasible. A Party may, as an alternative, apply different
emission reduction strategies
equivalent
overall emission reductions.

stationary

achieve

that

in
Each Party shall apply product control measures
3.
accordance with the conditions and timescales specified in
annex VI.

Each Party should consider applying additional product

4.
management measures, taking into consideration annex VII.

5.
Each Party shall develop and maintain emission inven-
tories for the heavy metals listed in annex I, for those Parties
within the geographical scope of EMEP, using as a minimum
the methodologies specified by the Steering Body of EMEP, and,
for those Parties outside the geographical scope of EMEP, using
as guidance the methodologies developed through the work
plan of the Executive Body.

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A Party that, after applying paragraphs 2 and 3 above,
6.
cannot achieve the requirements of paragraph 1 above for a
heavy metal listed in annex I, shall be exempted from its obli-
gations in paragraph 1 above for that heavy metal.

(c) Encourage the more efficient use of resources and raw

materials;

(d) Encourage the use of less polluting energy sources;

if

total

land area

is greater

Any Party whose

(c), and (d) above,

7.
than
6 000 000 km2 shall be exempted from its obligations in
paragraphs 2 (b),
it can demonstrate
that, no later than eight years after the date of entry into
it will have reduced its total
force of the present Protocol,
annual emissions of each of the heavy metals listed in annex
I from the source categories specified in annex II by at least 50
per cent from the level of emissions from these categories in
the reference year specified in accordance with annex I. A Party
that intends to act in accordance with this paragraph shall so
specify upon signature of, or accession to, the present Protocol.

Article 4

Exchange of information and technology

facilitate the exchange of

The Parties shall, in a manner consistent with their laws,
1.
tech-
regulations and practices,
nologies and techniques designed to reduce emissions of
heavy metals,
limited to exchanges that
encourage the development of product management measures
and the application of best available techniques, in particular
by promoting:

including but not

(a) The commercial exchange of available technology;

(b) Direct industrial contacts and cooperation, including joint

ventures;

(c) The exchange of information and experience; and

(e) Take measures to develop and introduce less polluting

transport systems;

(f) Take measures to phase out certain heavy metal emitting
processes where substitute processes are available on an
industrial scale;

(g) Take measures to develop and employ cleaner processes for

the prevention and control of pollution.

The Parties may take more stringent measures than those

3.
required by the present Protocol.

Article 6

Research, development and monitoring

The Parties shall encourage research, development, monitoring
and cooperation, primarily focusing on the heavy metals listed
in annex I, related, but not limited, to:

(a) Emissions, long-range transport and deposition levels and
their modelling, existing levels in the biotic and abiotic
environment,
for
the
harmonising relevant methodologies;

formulation

procedures

of

(d) The provision of technical assistance.

(b) Pollutant pathways

and inventories

in representative

ecosystems;

In promoting the activities specified in paragraph 1
2.
above, the Parties shall create favourable conditions by facili-
tating contacts and cooperation among appropriate organi-
sations and individuals in the private and public sectors that
are capable of providing technology, design and engineering
services, equipment or finance.

Article 5

Strategies, policies, programmes and measures

1.
Each Party shall develop, without undue delay, strategies,
policies and programmes to discharge its obligations under the
present Protocol.

2.

A Party may, in addition:

(a) Apply economic instruments to encourage the adoption of
cost-effective approaches to the reduction of heavy metal
emissions;

(b) Develop government/industry covenants and voluntary

agreements;

(c) Relevant effects on human health and the environment,

including quantification of those effects;

(d) Best available techniques and practices and emission control
techniques currently employed by the Parties or under
development;

(e) Collection, recycling and, if necessary, disposal of products

or wastes containing one or more heavy metals;

(f) Methodologies permitting consideration of socio-economic
factors in the evaluation of alternative control strategies;

including

information

(g) An effects-based approach which integrates appropriate
under
information,
subparagraphs (a) to (f) above, on measured or modelled
environmental
levels, pathways, and effects on human
health and the environment, for the purpose of formulating
future optimised control strategies which also take into
account economic and technological factors;

obtained

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(h) Alternatives to the use of heavy metals in products listed in

annexes VI and VII;

(i) Gathering information on levels of heavy metals in certain
products, on the potential for emissions of those metals to
occur during the manufacture, processing, distribution in
commerce, use, and disposal of the product, and on tech-
niques to reduce such emissions.

Article 7

Reporting

Subject

1.
commercial information:

to its

laws governing the confidentiality of

(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 the heavy metals listed in annex I, 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. In addition, each Party shall, as appro-
priate, collect and report relevant information relating to its
emissions of other heavy metals, taking into account the
guidance on the methodologies and the temporal and
spatial resolution of the Steering Body of EMEP and the
Executive Body.

The information to be reported in accordance with
2.
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.

In good time before each annual session of the Executive
3.
Body, EMEP shall provide information on the long-range
transport and deposition of heavy metals.

Article 8

Calculations

EMEP shall, using appropriate models and measurements and
in good time before each annual session of the Executive Body,
provide to the Executive Body calculations of transboundary
fluxes and depositions of heavy metals within the geographical
scope of EMEP.
In areas outside the geographical scope of
EMEP, models appropriate to the particular circumstances of
Parties to the Convention shall be used.

Article 9

Compliance

Compliance by each Party with its obligations under
the
present Protocol shall be reviewed regularly. The Implemen-
tation Committee established by decision 1997/2 of
the
Executive Body as its fifteenth session shall carry out such
reviews
to the Parties meeting within the
Executive Body in accordance with the terms of the annex to
that decision, including any amendments thereto.

and report

Article 10

Reviews by the parties at sessions of the Executive Body

The Parties shall, at sessions of

to Article 10, paragraph 2(a), of

the Executive Body,
1.
pursuant
the Convention,
review the information supplied by the Parties, EMEP and
other subsidiary bodies and the reports of the Implementation
Committee referred to in Article 9 of the present Protocol.

2.
The Parties shall, at sessions of the Executive Body, keep
under review the progress made towards meeting the obli-
gations set out in the present Protocol.

The Parties shall, at sessions of the Executive Body, review
3.
the sufficiency and effectiveness of the obligations set out in
the present Protocol.

(a) Such reviews will

the best available
take into account
scientific information on the effects of the deposition of
heavy metals, assessments of technological developments,
and changing economic conditions;

(b) Such reviews will, in the light of the research, development,
monitoring and cooperation undertaken under the present
Protocol:

(i) Evaluate progress towards meeting the objective of the

present Protocol;

reductions
emission
additional
(ii) Evaluate whether
beyond the levels
required by this Protocol are
warranted to reduce further the adverse effects on
human health or the environment; and

(iii) Take into account the extent to which a satisfactory
the application of an effects-based

basis exists for
approach;

(c) The procedures, methods and timing for such reviews shall
be specified by the Parties at a session of the Executive
Body

4.
The Parties shall, based on the conclusion of the reviews
referred to in paragraph 3 above and as soon as practicable
after completion of the review, develop a work plan on further
steps to reduce emissions into the atmosphere of the heavy
metals listed in annex I.

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Article 11

Settlement of disputes

Article 12

Annexes

1.
In the event of a dispute between any two or more Parties
the present
concerning the interpretation or application of
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
in relation to any Party accepting the
special agreement,
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 arbi-
referred to in
tration in accordance with the procedures
subparagraph (b) above.

A declaration made under paragraph 2 above shall
3.
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.

same means of dispute

Except in a case where the parties to a dispute have
5.
accepted the
settlement under
paragraph 2, if after twelve 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
the
through the means mentioned in paragraph 1 above,
dispute shall be submitted, at
the
the request of any of
parties to the dispute, to conciliation.

a

For

the purpose of paragraph 5,

conciliation
6.
commission shall be
commission shall be
created. The
composed of equal numbers of members appointed by each
Party concerned or, where the Parties in conciliation share the
same interest, by the group sharing that
interest, and a
chairman chosen jointly by the members so appointed. The
commission shall render a recommendatory award, which the
Parties shall consider in good faith.

The annexes to the present Protocol shall form an integral part
of the Protocol. Annexes III and VII are recommendatory in
character.

Article 13

Amendments to the protocol

Any Party may propose amendments to the present

1.
Protocol.

Proposed amendments shall be submitted in writing to
2.
the Executive Secretary of
the Commission, who shall
communicate them to all Parties. The Parties meeting within
the Executive Body shall discuss the proposed amendments at
its next
the proposals have been
circulated by the Executive Secretary to the Parties at least
ninety days in advance.

session, provided that

Amendments to the present Protocol and to annexes I, II,
3.
IV, V and VI 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
the
ninetieth day after
Parties have deposited with the Depositary their instruments
of acceptance thereof. Amendments shall enter into force for
any other Party on the ninetieth day after the date on which
that Party has deposited its instrument of acceptance thereof.

the date on which two thirds of

4.
Amendments to annexes III and VII shall be adopted by
consensus of the Parties present at a session of the Executive
Body. On the expiry of ninety 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 below, provided that at
least
sixteen Parties have not submitted such a notification.

from the date of

5.
Any Party that is unable to approve an amendment to
annex III or VII shall so notify the Depositary in writing within
its
ninety days
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.

the communication of

6.
In the case of a proposal to amend annex I, VI or VII by
adding a heavy metal, a product control measure or a product
or product group to the present Protocol:

(a) The proposer shall provide the Executive Body with the
information specified in Executive Body decision 1998/1,
including any amendments thereto; and

(b) The Parties shall evaluate the proposal in accordance with
the procedures set forth in Executive Body decision 1998/1,
including any amendments thereto.

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Any decision to amend Executive Body decision 1998/1
7.
shall be taken by consensus of the Parties meeting within the
Executive Body and shall take effect sixty days after the date of
adoption.

Article 14

Signature

The present Protocol shall be open for signature at
1.
Aarhus (Denmark) from 24 to 25 June 1998, then at United
Nations Headquarters in New York until 21 December 1998 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 organi-
the
sations, constituted by sovereign States members of
Commission, which have competence in respect of
the
international
conclusion and application of
negotiation,
agreements in matters covered by the Protocol, provided that
the States and organisations concerned are Parties to the
Convention.

competence,

In matters within their

such regional
2.
economic integration organisations shall, on their own behalf,
the responsibilities which the
exercise the rights and fulfil
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

The present Protocol shall be subject

1.
acceptance or approval by Signatories.

to ratification,

Article 16

Depositary

instruments of

The
approval or
accession shall be deposited with the Secretary-General of the
United Nations, who will perform the functions of Depositary.

acceptance,

ratification,

Article 17

Entry into force

The present Protocol

1.
into force on the
ninetieth day following the date on which the sixteenth
instrument of ratification, acceptance, approval or accession
has been deposited with the Depositary.

shall enter

2.
For each State and organisation referred to in Article 14,
paragraph 1, which ratifies, accepts or approves the present
Protocol or accedes thereto after the deposit of the sixteenth
instrument of ratification, acceptance, approval or accession,
the Protocol
into force on the ninetieth day
following the date of deposit by such Party of its instrument
of ratification, acceptance, approval or accession.

shall enter

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
take effect on the
Depositary. Any such withdrawal shall
ninetieth day following the date of
receipt by the
its
Depositary, or on such later date as may be specified in the
notification of the withdrawal.

Article 19

Authentic texts

The present Protocol shall be open for accession as from
2.
21 December 1998 by the States and organisations that meet
the requirements of Article 14, paragraph 1.

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 Aarhus (Denmark), this twenty-fourth day of June, one thousand nine hundred and ninety-eight.

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HEAVY METALS REFERRED TO IN ARTICLE 3, PARAGRAPH 1, AND THE REFERENCE YEAR FOR THE
OBLIGATION

ANNEX I

Heavy metal

Reference year

Cadmium (Cd)

Lead (Pb)

Mercury (Hg)

1990; or an alternative year from 1985 to 1995 inclusive, specified by a Party
upon ratification, acceptance, approval or accession

1990; or an alternative year from 1985 to 1995 inclusive, specified by a Party
upon ratification, acceptance, approval or accession

1990; or an alternative year from 1985 to 1995 inclusive, specified by a Party
upon ratification, acceptance, approval or accession

ANNEX II

STATIONARY SOURCE CATEGORIES

I. INTRODUCTION

1. Installations or parts of installations for research, development and the testing of new products and processes are not

covered by this annex.

2. The threshold values given below generally refer to production capacities or output. Where one operator carries out
several activities falling under the same subheading at the same installation or the same site, the capacities of such
activities are added together.

II. LIST OF CATEGORIES

Cate
gory

1

2

3

4

5

6

7

8

9

10

11

Combustion installations with a net rated thermal input exceeding 50 MW

Description of the category

Metal ore (including sulphide ore) or concentrate roasting or sintering installations with a capacity
exceeding 150 tonnes of sinter per day for ferrous ore or concentrate, and 30 tonnes of sinter per day
for the roasting of copper, lead or zinc, or any gold and mercury ore treatment

Installations for the production of pig-iron or steel (primary or secondary fusion, including electric arc
furnaces) including continuous casting, with a capacity exceeding 2,5 tonnes per hour

Ferrous metal foundries with a production capacity exceeding 20 tonnes per day

Installations for the production of copper, lead and zinc from ore, concentrates or secondary raw materials
by metallurgical processes with a capacity exceeding 30 tonnes of metal per day for primary installations
and 15 tonnes of metal per day for secondary installations, or for any primary production of mercury

Installations for the smelting (refining, foundry casting, etc.), including the alloying, of copper, lead and
zinc, including recovered products, with a melting capacity exceeding 4 tonnes per day for lead or 20
tonnes per day for copper and zinc

Installations for the production of cement clinker in rotary kilns with a production capacity exceeding 500
tonnes per day or in other furnaces with a production capacity exceeding 50 tonnes per day

Installations for the manufacture of glass using lead in the process with a melting capacity exceeding 20
tonnes per day.

Installations for chlor-alkali production by electrolysis using the mercury cell process

Installations for the incineration of hazardous or medical waste with a capacity exceeding 1 tonne per
hour, or for the co-incineration of hazardous or medical waste specified in accordance with national
legislation

Installations for the incineration of municipal waste with a capacity exceeding 3 tonnes per hour, or for
the co-incineration of municipal waste specified in accordance with national legislation

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BEST AVAILABLE TECHNIQUES FOR CONTROLLING EMISSIONS OF HEAVY METALS AND THEIR
COMPOUNDS FROM THE SOURCE CATEGORIES LISTED IN ANNEX II

ANNEX III

I. INTRODUCTION

1. This annex aims to provide Parties with guidance on identifying best available techniques for stationary sources to

enable them to meet the obligations of the Protocol

2.

(cid:145)Best available techniques(cid:146) (BAT) means the most effective and advanced stage in the development of activities and
their methods of operation which indicate the practical suitability of particular techniques for providing in principle
the basis for emission limit values designed to prevent and, where that is not practicable, generally to reduce
emissions and their impact on the environment as a whole:

(cid:151) (cid:145)Techniques(cid:146)

includes both the technology used and the way in which the installation is designed, built,

maintained, operated and decommissioned;

(cid:151) (cid:145)Available(cid:146) techniques means those developed on a scale which allows implementation in the relevant industrial
sector, under economically and technically viable conditions, taking into consideration the costs and advantages,
whether or not the techniques are used or produced inside the territory of the Party in question, as long as they
are reasonably accessible to the operator;

(cid:151) (cid:145)Best(cid:146) means most effective in achieving a high general level of protection of the environment as a whole.

In determining the best available techniques, special consideration should be given, generally or in specific cases, to
the factors below, bearing in mind the likely costs and benefits of a measure and the principles of precaution and
prevention:

(cid:151) The use of low-waste technology;

(cid:151) The use of less hazardous substances;

(cid:151) The furthering of recovery and recycling of substances generated and used in the process and of waste;

(cid:151) Comparable processes, facilities or methods of operation which have been tried with success on an industrial

scale;

(cid:151) Technological advances and changes in scientific knowledge and understanding;

(cid:151) The nature, effects and volume of the emissions concerned;

(cid:151) The commissioning dates for new or existing installations;

(cid:151) The time needed to introduce the best available technique;

(cid:151) The consumption and nature of raw materials (including water) used in the process and its energy efficiency;

(cid:151) The need to prevent or reduce to a minimum the overall impact of the emissions on the environment and the

risks to it;

(cid:151) The need to prevent accidents and to minimise their consequences for the environment.

The concept of best available techniques is not aimed at the prescription of any specific technique or technology,
but at taking into account the technical characteristics of the installation concerned, its geographical location and
the local environmental conditions.

3. The information regarding emission control performance and costs is based on official documentation of the
Executive Body and its subsidiary bodies, in particular documents received and reviewed by the Task Force on
Heavy Metal Emissions and the Ad Hoc Preparatory Working Group on Heavy Metals. Furthermore, other inter-
national information on best available techniques for emission control has been taken into consideration (e.g. the
European Community’s technical notes on BAT, the PARCOM recommendations for BAT, and information provided
directly by experts).

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4. Experience with new products and new plants incorporating low-emission techniques, as well as with the retro-

fitting of existing plants, is growing continuously; this annex may, therefore, need amending and updating.

5. The annex lists a number of measures spanning a range of costs and efficiencies. The choice of measures for any
particular case will depend on, and may be limited by, a number of factors, such as economic circumstances,
technological
infrastructure, any existing emission control device, safety, energy consumption and whether the
source is a new or existing one.

6. This annex takes into account the emissions of cadmium,

in solid
(particle-bound) and/or gaseous form. Speciation of these compounds is, in general, not considered here. Never-
theless, the efficiency of emission control devices with regard to the physical properties of the heavy metal,
especially in the case of mercury, has been taken into account.

lead and mercury and their compounds,

7. Emission values expressed as mg/m3 refer to standard conditions (volume at 273,15 K, 101,3 kPa, dry gas) not
corrected for oxygen content unless otherwise specified, and are calculated in accordance with draft CEN (ComitØ
europØen de normalisation) and, in some cases, national sampling and monitoring techniques.

II. GENERAL OPTIONS FOR REDUCING EMISSIONS OF HEAVY METALS AND THEIR COMPOUNDS

8. There are several possibilities for controlling or preventing heavy metal emissions. Emission reduction measures
focus on add-on technologies and process modifications (including maintenance and operating control). The
following measures, which may be implemented depending on the wider technical and/or economic conditions,
are available:

(a) Application of low-emission process technologies, in particular in new installations;

(b) Off-gas cleaning (secondary reduction measures) with filters, scrubbers, absorbers, etc.;

(c) Change or preparation of raw materials, fuels and/or other feed materials (e.g. use of raw materials with low

heavy metal content);

(d) Best management practices such as good housekeeping, preventive maintenance programmes, or primary

measures such as the enclosure of dust-creating units;

(e) Appropriate environmental management techniques for the use and disposal of certain products containing Cd,

Pb, and/or Hg.

9. It is necessary to monitor abatement procedures to ensure that appropriate control measures and practices are
properly implemented and achieve an effective emission reduction. Monitoring abatement procedures will include:

(a) Developing an inventory of those reduction measures identified above that have already been implemented;

(b) Comparing actual reductions in Cd, Pb and Hg emissions with the objectives of the Protocol;

(c) Characterising quantified emissions of Cd, Pb and Hg from relevant sources with appropriate techniques;

(d) Regulatory authorities periodically auditing abatement measures to ensure their continued efficient operation.

10. Emission reduction measures should be cost-efficient. Cost-efficient strategy considerations should be based on total
costs per year per unit abated (including capital and operating costs). Emission reduction costs should also be
considered with respect to the overall process.

III. CONTROL TECHNIQUES

11. The major categories of available control techniques for Cd, Pb and Hg emission abatement are primary measures
such as raw material and/or fuel substitution and low-emission process technologies, and secondary measures such
as fugitive emission control and off-gas cleaning. Sector-specific techniques are specified in chapter IV.

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12. The data on efficiency are derived from operating experience and are considered to reflect the capabilities of current
installations. The overall efficiency of flue gas and fugitive emission reductions depends to a great extent on the
evacuation performance of the gas and dust collectors (e.g. suction hoods). Capture/collection efficiencies of over
99 % have been demonstrated. In particular cases experience has shown that control measures are able to reduce
overall emissions by 90 % or more.

13. In the case of particle-bound emissions of Cd, Pb and Hg, the metals can be captured by dust-cleaning devices.
Typical dust concentrations after gas cleaning with selected techniques are given in table 1. Most of these measures
have generally been applied across sectors. The minimum expected performance of selected techniques for capturing
gaseous mercury is outlined in table 2. The application of these measures depends on the specific processes and is
most relevant if concentrations of mercury in the flue gas are high.

Performance of dust-cleaning devices expressed as hourly average dust concentrations

Table 1

Fabric filters

Fabric filters, membrane type

Dry electrostatic precipitators

Wet electrostatic precipitators

High-efficiency scrubbers

Dust concentrations after cleaning
(mg/m3)

< 10

< 1

< 50

< 50

< 50

Note: Medium-and low-pressure scrubbers and cyclones generally show lower dust removal efficiencies.

Minimum expected performance of mercury separators expressed as hourly average mercury concen-

trations

Table 2

Selenium filter

Selenium scrubber

Carbon filter

Carbon injection + dust separator

Odda Norzink chloride process

Lead sulphide process

Bolkem (Thiosulphate) process

Mercury content after cleaning
(mg/m3)

< 0,01

< 0,2

< 0,01

< 0,05

< 0,1

< 0,05

< 0,1

14. Care should be taken to ensure that these control techniques do not create other environmental problems. The
choice of a specific process because of its low emission into the air should be avoided if it worsens the total
environmental impact of the heavy metals’ discharge, e.g. due to more water pollution from liquid effluents. The
fate of captured dust resulting from improved gas cleaning must also be taken into consideration. A negative
environmental impact from the handling of such wastes will reduce the gain from lower process dust and fume
emissions into the air.

15. Emission reduction measures can focus on process techniques as well as on off-gas cleaning. The two are not

independent of each other; the choice of a specific process might exclude some gas-cleaning methods.

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16. The choice of a control technique will depend on such parameters as the pollutant concentration and/or speciation
in the raw gas, the gas volume flow, the gas temperature, and others. Therefore, the fields of application may
overlap; in that case, the most appropriate technique must be selected according to case-specific conditions.

17. Adequate measures to reduce stack gas emissions in various sectors are described below. Fugitive emissions have to
be taken into account. Dust emission control associated with the discharging, handling, and stockpiling of raw
materials or by-products, although not relevant
the local
environment. The emissions can be reduced by moving these activities to completely enclosed buildings, which
may be equipped with ventilation and dedusting facilities, spray systems or other suitable controls. When stock-
piling in unroofed areas, the material surface should be otherwise protected against wind entrainment. Stockpiling
areas and roads should be kept clean.

to long-range transport, may be important

for

18. The investment/cost figures listed in the tables have been collected from various sources and are highly case-specific.
They are expressed in 1990 USD (USD 1 (1990) = ECU 0,8 (1990)). They depend on such factors as plant capacity,
removal efficiency and raw gas concentration, type of technology, and the choice of new installations as opposed to
retrofitting.

IV. SECTORS

19. This chapter contains a table per relevant sector with the main emission sources, control measures based on the
best available techniques, their specific reduction efficiency and the related costs, where available. Unless stated
otherwise, the reduction efficiencies in the tables refer to direct stack gas emissions.

Combustion of fossil fuels in utility and industrial boilers (annex II, category 1)

20. The combustion of coal in utility and industrial boilers is a major source of anthropogenic mercury emissions. The

heavy metal content is normally several orders of magnitude higher in coal than in oil or natural gas.

21. Improved energy conversion efficiency and energy conservation measures will result in a decline in the emissions of
heavy metals because of reduced fuel requirements. Combusting natural gas or alternative fuels with a low heavy
metal content instead of coal would also result in a significant reduction in heavy metal emissions such as mercury.
Integrated gasification combined-cycle (IGCC) power plant
technology with a
low-emission potential.

technology is a new plant

22. With the exception of mercury, heavy metals are emitted in solid form in association with fly-ash particles. Different
fly-ash generation: grate-firing boilers 20-40 %;
total ash. The

coal combustion technologies show different magnitudes of
fluidised-bed combustion 15 %; dry bottom boilers (pulverised coal combustion) 70-100 % of
heavy metal content in the small particle size fraction of the fly-ash has been found to be higher.

23. Beneficiation, e.g. (cid:145)washing(cid:146) or (cid:145)bio-treatment(cid:146) of coal reduces the heavy metal content associated with the inorganic

matter in the coal. However, the degree of heavy metal removal with this technology varies widely.

24. A total dust removal of more than 99,5 % can be obtained with electrostatic precipitators (ESP) or fabric filters (FF),
achieving dust concentrations of about 20 mg/m3 in many cases. With the exception of mercury, heavy metal
emissions can be reduced by at least 90-99 %, the lower figure for the more easily volatilised elements. Low filter
temperature helps to reduce the gaseous mercury off-gas content.

25. The application of techniques to reduce emissions of nitrogen oxides, sulphur dioxide and particulates from the flue
gas can also remove heavy metals. Possible cross media impact should be avoided by appropriate waste water
treatment.

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26. Using the techniques mentioned above, mercury removal efficiencies vary extensively from plant to plant, as seen in
table 3. Research is ongoing to develop mercury removal techniques, but until such techniques are available on an
industrial scale, no best available technique is identified for the specific purpose of removing mercury.

Table 3

Control measures, reduction efficiencies and costs for fossil-fuel combustion emissions

Emission source

Control measure(s)

Reduction efficiency
(%)

Abatement costs (total costs USD)

Combustion of fuel oil

Switch fuel oil to gas

Cd, Pb: 100;
Hg: 70-80

Highly case-specific

Combustion of coal

Switch from coal
lower
with
emissions

to fuels
heavy metals

Dust 70-100

Highly case-specific

ESP (cold-side)

Cd, Pb: > 90;
Hg: 10-40

Specific investment
USD 5-10/m3 waste gas per
hour
(> 200,000 m3/h)

Wet fuel-gas desulphurisation
(FGD) (1)

Cd, Pb: > 90;
Hg: 10-90 (2)

15-30/Mg waste

Fabric filters (FF)

Cd: > 95; Pb: > 99;
Hg: 10-60

Specific investment
USD 8-15/m3 waste gas per
hour
(> 200,000 m3h)

(1) Hg removal efficiencies increase with the proportion of ionic mercury. High-dust selective catalytic reduction (SCR) installations

facilitate Hg(II) formation.

(2) This

is primarily for SO2

USD 60-250/kWel.)

reduction. Reduction in heavy metal emissions

is a side benefit.

(Specific investment

Primary iron and steel industry (annex II, category 2)

27. This section deals with emissions from sinter plants, pellet plants, blast furnaces, and steelworks with a basic oxygen
furnace (BOF). Emissions of Cd, Pb and Hg occur in association with particulates. The content of the heavy metals
of concern in the emitted dust depends on the composition of the raw materials and the types of alloying metals
added in steel-making. The most relevant emission reduction measures are outlined in table 4. Fabric filters should
be used whenever possible;
if conditions make this impossible, electrostatic precipitators and/or high-efficiency
scrubbers may be used.

28. When using BAT in the primary iron and steel industry, the total specific emission of dust directly related to the

process can be reduced to the following levels:

Sinter plants 40-120 g/Mg

Pellet plants 40 g/Mg

Blast furnace 35-50 g/Mg

BOF 35-70 g/Mg.

29. Purification of gases using fabric filters will reduce the dust content to less than 20 mg/m3, whereas electrostatic
precipitators and scrubbers will reduce the dust content to 50 mg/m3 (as an hourly average). However, there are
many applications of fabric filters in the primary iron and steel industry that can achieve much lower values.

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Table 4

Emission sources, control measures, dust reduction efficiencies and costs for the primary iron and steel

industry

Emissionsource

Control measure(s)

Dust reduction efficiency
(%)

Abatement costs
(total costs USD)

Sinter plants

Emission optimised sintering

Scrubbers and ESP

Fabric filters

Pellet plants

reactor + fabric

ESP + lime
filters

Scrubbers

Blast furnaces

FF/ESP

Blast
cleaning

furnace

gas

Wet scrubbers

Wet ESP

BOF

Primary
seoaratir/ESP/FF

dedusting:

wet

Secondary
ESP/FF

dedusting:

dry

ca. 50

> 90

> 99

> 99

> 95

> 99

> 99

> 99

> 99

> 97

(cid:151)

(cid:151)

(cid:151)

(cid:151)

(cid:151)

ESP: 0,24-1/Mg pig-iron

(cid:151)

(cid:151)

Dry ESP: 2,25/Mg steel

FF: 0,26/Mg steel

Fugitive emissions

Closed
conveyor
enclosure, wetting
feedstock, cleaning of reads

belts,
stored

80-99

(cid:151)

30. Direct reduction and direct smelting are under development and may reduce the need for sinter plants and blast
furnaces in the future. The application of these technologies depends on the ore characteristics and requires the
resulting product to be processed in an electric arc furnace, which should be equipped with appropriate controls.

Secondary iron and steel industry (annex II, category 3)

31. It is very important to capture all the emissions efficiently. That is possible by installing doghouses or movable
hoods or by total building evacuation. The captured emissions must be cleaned. For all dust-emitting processes in
the secondary iron and steel
industry, dedusting in fabric filters, which reduces the dust content to less than
20 mg/m3, shall be considered as BAT. When BAT is used also for minimising fugitive emissions, the specific
dust emission (including fugitive emission directly related to the process) will not exceed the range of 0,1 to
0,35 kg/Mg steel. There are many examples of clean gas dust content below 10 mg/m3 when fabric filters are
used. The specific dust emission in such cases is normally below 0,1 kg/Mg.

32. For the melting of scrap, two different types of furnace are in use: open-hearth furnaces and electric arc furnaces

(EAF) where open-hearth furnaces are about to be phased out.

33. The content of the heavy metals of concern in the emitted dust depends on the composition of the iron and steel
scrap and the types of alloying metals added in steel-making. Measurements at EAF have shown that 95 % of
emitted mercury and 25 % of cadmium emissions occur as vapour. The most relevant dust emission reduction
measures are outlined in table 5.

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Table 5

Emission sources, control measures, dust reduction efficiencies and costs for the secondary iron and steel

industry

Emission source

Control measure(s)

Dust reduction efficiency
(%)

Abatement costs
(total costs USD)

EAF

ESP

FF

> 99

> 99,5

(cid:151)

FF: 24/Mg steel

Iron foundaries (annex II, category 4)

34. It is very important to capture all the emissions efficiently. That is possible by installing doghouses or movable
hoods or by total building evacuation. The captured emissions must be cleaned. In iron foundries, cupola furnaces,
electric arc furnaces and induction furnaces are operated. Direct particulate and gaseous heavy metal emissions are
especially associated with melting and sometimes, to a small extent, with pouring. Fugitive emissions arise from raw
material handling, melting, pouring and fettling. The most relevant emission reduction measures are outlined in
table 6 with their achievable reduction efficiencies and costs, where available. These measures can reduce dust
concentrations to 20 mg/m3, or less.

35. The iron foundry industry comprises a very wide range of process sites. For existing smaller installations, the

measures listed may not be BAT if they are not economically viable.

Emission sources, control measures, dust reduction efficiencies and costs for iron foundries

Table 6

Emission source

Control measure(s)

Dust reduction efficiency
(%)

Abatement costs
(total costs USD)

EAF

ESP

FF

Induction furnace

FF/dry absorption + FF

Cold blast cupola

Below-the-door take-off: FF

Above-the-door take-off:

FF + pre-dedusting

FF + chemisorption

Hot blast cupola

FF + pre-dedusting

Disintegrator/venturi
scrubber

> 99

> 99,5

> 99

> 98

> 97

> 99

> 99

> 97

(cid:151)

FF: 24/Mg iron

(cid:151)

(cid:151)

8-12/Mg iron

45/Mg iron

23/Mg iron

(cid:151)

Primary and secondary non-ferrous metal industry (annex II, categories 5 and 6)

36. This section deals with emissions and emission control of Cd, Pb and Hg in the primary and secondary production
of non-ferrous metals like lead, copper, zinc, tin and nickel. Due to the large number of different raw materials used
and the various processes applied, nearly all kinds of heavy metals and heavy metal compounds might be emitted
from this sector. Given the heavy metals of concern in this annex, the production of copper, lead and zinc are
particularly relevant.

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37. Mercury ores and concentrates are initially processed by crushing, and sometimes screening. Ore beneficiation
techniques are not used extensively, although flotation has been used at some facilities processing low-grade ore.
The crushed ore is then heated in either retorts, at small operations, or furnaces, at large operations, to the
temperatures at which mercuric sulphide sublimates. The resulting mercury vapour is condensed in a cooling
system and collected as mercury metal. Soot from the condensers and settling tanks should be removed, treated
with lime and returned to the retort or furnace.

38. For efficient recovery of mercury the following techniques can be used:

(cid:151) Measures to reduce dust generation during mining and stockpiling, including minimising the size of stockpiles;

(cid:151) Indirect heating of the furnace;

(cid:151) Keeping the ore as dry as possible;

(cid:151) Bringing the gas temperature entering the condenser to only 10 to 20 (cid:176)C above the dew point;

(cid:151) Keeping the outlet temperature as low as possible; and

(cid:151) Passing reaction gases through a post-condensation scrubber and/or a selenium filter.

Dust formation can be kept down by indirect heating, separate processing of fine grain classes of ore, and control of
ore water content. Dust should be removed from the hot reaction gas before it enters the mercury condensation
unit with cyclones and/or electrostatic precipitators.

39. For gold production by amalgamation, similar strategies as for mercury can be applied. Gold is also produced using

techniques other than amalgamation, and these are considered to be the preferred option for new plants.

40. Non-ferrous metals are mainly produced from sulphitic ores. For technical and product quality reasons, the off-gas
must go through a thorough dedusting (< 3 mg/m3) and could also require additional mercury removal before
being fed to an SO3 contact plant, thereby also minimising heavy metal emissions.

41. Fabric filters should be used when appropriate. A dust content of less than 10 mg/m3 can be obtained. The dust of
all pyrometallurgical production should be recycled in-plant or off-site, while protecting occupational health.

42. For primary lead production, first experiences indicate that there are interesting new direct smelting reduction
technologies without sintering of the concentrates. These processes are examples of a new generation of direct
autogenous lead smelting technologies which pollute less and consume less energy.

43. Secondary lead is mainly produced from used car and truck batteries, which are dismantled before being charged to
the smelting furnace. This BAT should include one melting operation in a short rotary furnace or shaft furnace.
Oxy-fuel burners can reduce waste gas volume and flue dust production by 60 %. Cleaning the flue-gas with fabric
filters makes it possible to achieve dust concentration levels of 5 mg/m3.

44. Primary zinc production is carried out by means of roast-leach electrowin technology. Pressure leaching may be an
alternative to roasting and may be considered as a BAT for new plants depending on the concentrate characteristics.
Emissions from pyrometallurgical zinc production in Imperial Smelting (IS) furnaces can be minimised by using a
double bell furnace top and cleaning with high-efficiency scrubbers, efficient evacuation and cleaning of gases from
slag and lead casting, and thorough cleaning (< 10 mg/m3) of the CO-rich furnace off-gases.

45. To recover zinc from oxidiced residues these are processed in an IS furnace. Very low-grade residues and flue dust
(e.g. from the steel industry) are first treated in rotary furnaces (Waelz-furnaces) in which a high-content zinc oxide
is manufactured. Metallic materials are recycled through melting in either induction furnaces or furnaces with direct
or indirect heating by natural gas or liquid fuels or in vertical New Jersey retorts, in which a large variety of oxidic
and metallic secondary material can be recycled. Zinc can also be recovered from lead furnace slags by a slag
fuming process.

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Table 7(a)

Emission sources, control measures, dust reduction efficiencies and costs for the primary non-ferrous

metal industry

Emission source

Control measure(s)

Dust reduction efficiency
(%)

Abatement costs
(total costs USD)

Fugitive emissions

Suction hoods, enclosure,
etc. off-gas cleaning by FF

> 99

(cid:151)

Roasting/sintering

Updraught
sintering:
ESP + scrubbers (prior to
double contact sulphuric
tail
acid plant) + FF for
gases

(cid:151)

7-10/Mg H2SO4

Conventional
smelting
(blast furnace reduction)

furnace:

closed
Shaft
evacuation
top/efficient
of tap holes + FF, covered
launders,
bell
furnace top

double

Imperial smelting

High-efficiency scrubbing

Pressure leaching

Venturi scrubbers

Double bell furnace top

Application depends on
leaching characteristics of
concentrates

Direct
reduction processes

smelting

Flash smelting, e.g. kivcet,
Outokumpu
and
Mitsubishi process

(cid:151)

> 95

(cid:151)

(cid:151)

> 99

(cid:151)

(cid:151)

(cid:151)

(cid:151)

4/Mg metal produced

site-specific

(cid:151)

e.g.

Bath smelting,
top
blown rotary converter,
Ausmelt,
Isasmelt, QSL
and Noranda processes

Ausmelt: Pb 77,
Cd 97; QSL:
Pb 92, Cd 93

QSL: operating costs
60/Mg Pb

Emission sources, control measures, dust reduction efficiencies and costs for the secondary non-ferrous

metal industry

Table 7(b)

Emission source

Control measure(s)

Dust reduction efficicency
(%)

Abatement costs
(total costs, USD)

Lead production

Short
rotary
suction hoods
holes + FF;
denser, oxy-fuel burner

furnace:
tap
for
con-

tube

Zinc production

Imperial smelting

99,9

> 95

45/Mg Pb

14/Mg Zn

46. In general, processes should be combined with an effective dust collecting device for both primary gases and fugitive
emissions. The most relevant emission reduction measures are outlined in tables 7(a) and (b). Dust concentrations
below 5 mg/m3 have been achieved in some cases using fabric filters.

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Cement industry (annex II, category 7)

47. Cement kilns may use secondary fuels such as waste oil or waste tyres. Where waste is used, emission requirements
for waste incineration processes may apply, and where hazardous waste is used, depending on the amount used in
the plant, emission requirements for hazardous waste incineration processes may apply. However, this section refers
to fossil fuel fired kilns.

48. Particulates are emitted at all stages of the cement production process, consisting of material handling, raw material
preparation (crushers, dryers), clinker production and cement preparation. Heavy metals are brought into the
cement kiln with the raw materials, fossil and waste fuels.

49. For clinker production the following kiln types are available: long wet rotary kiln, long dry rotary kiln, rotary kiln
with cyclone preheater, rotary kiln with grate preheater, shaft furnace. In terms of energy demand and emission
control opportunities, rotary kilns with cyclone preheaters are preferable.

50. For heat recovery purposes, rotary kiln off-gases are conducted through the preheating system and the mill dryers

(where installed) before being dedusted. The collected dust is returned to the feed material.

51. Less than 0.5 % of lead and cadmium entering the kiln is released in exhaust gases. The high alkali content and the

scrubbing action in the kiln favour metal retention in the clinker or kiln dust.

52. The emissions of heavy metals into the air can be reduced by, for instance, taking off a bleed stream and stockpiling
the collected dust instead of returning it to the raw feed. However, in each case these considerations should be
weighed against the consequences of releasing the heavy metals into the waste stockpile. Another possibility is the
hot-meal bypass, where calcined hot-meal is in part discharged right in front of the kiln entrance and fed to the
cement preparation plant. Alternatively, the dust can be added to the clinker. Another important measure is a very
well controlled steady operation of the kiln in order to avoid emergency shut-offs of the electrostatic precipitators.
These may be caused by excessive CO concentrations. It is important to avoid high peaks of heavy metal emissions
in the event of such an emergency shut-off.

53. The most relevant emission reduction measures are outlined in table 8. To reduce direct dust emissions from
crushers, mills, and dryers, fabric filters are mainly used, whereas kiln and clinker cooler waste gases are controlled
by electrostatic precipitators. With ESP, dust can be reduced to concentrations below 50 mg/m3. When FF are used,
the clean gas dust content can be reduced to 10 mg/m3.

Emission sources, control measures, reduction efficiencies and costs for the cement industry

Table 8

Emission source

Control measure(s)

Reduction efficiency
(%)

Abatement costs

Direct emissions
crushers, mills, dryers

from

FF

Direct emissions
rotary
coolers

kilns,

from
clinker

ESP

Cd. Pb: > 95

Cd. Pb: > 95

Direct emissions
rotary kilns

from

Carbon adsorption

Hg: > 95

(cid:151)

(cid:151)

(cid:151)

Glass industry (annex II, category 8)

54. In the glass industry,

lead emissions are particularly relevant given the various types of glass in which lead is
introduced as raw material (e.g. crystal glass, cathode ray tubes). In the case of soda-lime container glass, lead
emissions depend on the quality of the recycled glass used in the process. The lead content in dusts from crystal
glass melting is usually about 20-60 %.

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55. Dust emissions stem mainly from batch mixing, furnaces, diffuse leakages from furnace openings, and finishing and
blasting of glass products. They depend notably on the type of fuel used, the furnace type and the type of glass
produced. Oxy-fuel burners can reduce waste gas volume and flue dust production by 60 %.The lead emissions from
electrical heating are considerably lower than from oil/gas-firing.

56. The batch is melted in continuous tanks, day tanks or crucibles. During the melting cycle using discontinuous
furnaces, the dust emission varies greatly. The dust emissions from crystal glass tanks (< 5 kg/Mg melted glass) are
higher than from other tanks (< 1 kg/Mg melted soda and potash glass)

57. Some measures to reduce direct metal-containing dust emissions are: pelleting the glass batch, changing the heating
system from oil/gas-firing to electrical heating, charging a larger share of glass returns in the batch, and applying a
better selection of raw materials (size distribution) and recycled glass (avoiding lead-containing fractions). Exhaust
gases can be cleaned in fabric filters, reducing the emissions below 10 mg/m3. With electrostatic precipitators
30 mg/m3 is achieved. The corresponding emission reduction efficiencies are given in table 9.

58. The development of crystal glass without lead compounds is in progress.

Table 9

Emission sources, control measures, dust reduction efficiencies and costs for the glass industry

Emission source

Control measure(s)

Dust reduction efficiency
(%)

Abatement costs
(total costs)

Direct emissions

FF

ESP

> 98

> 90

(cid:151)

(cid:151)

Chlor-alkali industry (annex II, category 9)

59. In the chlor-alkali industry, Cl2, alkali hydroxides and hydrogen are produced through electrolysis of a salt solution.
Commonly used in existing plants are the mercury process and the diaphragm process, both of which need the
introduction of good practices to avoid environmental problems. The membrane process results in no direct
mercury emissions. Moreover, it shows a lower electrolytic energy and higher heat demand for alkali hydroxide
concentration (the global energy balance resulting in a slight advantage for membrane cell technology in the range
of 10 to 15 %) and a more compact cell operation. It is, therefore, considered as the preferred option for new plants.
Decision 90/3 of 14 June 1990 of the Commission for the Prevention of Marine Pollution from Land-based Sources
(PARCOM) recommends that existing mercury cell chlor-alkali plants should be phased out as soon as practicable
with the objective of phasing them out completely by 2010.

60. The specific investment for replacing mercury cells by the membrane process is reported to be in the region of
USD 700-1 000/Mg Cl2 capacity. Although additional costs may result from, inter alia, higher utility costs and brine
purification cost, the operating cost will in most cases decrease. This is due to savings mainly from lower energy
consumption, and lower waste-water treatment and waste-disposal costs.

61. The sources of mercury emissions into the environment in the mercury process are: cell room ventilation; process
exhausts; products, particularly hydrogen; and waste water. With regard to emissions into air, Hg diffusely emitted
from the cells to the cell room are particularly relevant. Preventive measures and control are of great importance
and should be prioritised according to the relative importance of each source at a particular installation. In any case
specific control measures are required when mercury is recovered from sludges resulting from the process.

62. The following measures can be taken to reduce emissions from existing mercury process plants:

(cid:151) Process control and technical measures to optimise cell operation, maintenance and more efficient working

methods;

(cid:151) Coverings, sealings and controlled bleeding-off by suction;

(cid:151) Cleaning of cell rooms and measures that make it easier to keep them clean; and

(cid:151) Cleaning of limited gas streams (certain contaminated air streams and hydrogen gas).

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63. These measures can cut mercury emissions to values well below 2,0 g/Mg Cl2 production capacity, expressed as an
annual average. There are examples of plants that achieve emissions well below 1,0 g/Mg Cl2 production capacity.
As a result of PARCOM decision 90/3, existing mercury-based chlor-alkali plants were required to meet the level of
2 g of Hg/Mg of Cl2 by 31 December 1996 for emissions covered by the Convention for the Prevention of Marine
Pollution from Land-based Sources. Since emissions depend to a large extent on good operating practices, the
average should depend on and include maintenance periods of one year or less.

Municipal, medical and hazardous waste incineration (annex II, categories 10 and 11)

64. Emissions of cadmium, lead and mercury result from the incineration of municipal, medical and hazardous waste.
Mercury, a substantial part of cadmium and minor parts of lead are volatilised in the process. Particular actions
should be taken both before and after incineration to reduce these emissions.

65. The best available technology for dedusting is considered to be fabric filters in combination with dry or wet
methods for controlling volatiles. Electrostatic precipitators in combination with wet systems can also be
they offer fewer opportunities than fabric filters especially with
designed to reach low dust emissions, but
pre-coating for adsorption of volatile pollutants.

66. When BAT is used for cleaning the flue gases, the concentration of dust will be reduced to a range of 10 to
20 mg/m3; in practice lower concentrations are reached, and in some cases concentrations of less than 1 mg/m3
have been reported. The concentration of mercury can be reduced to a range of 0,05 to 0,10 mg/m3 (normalised to
11 % O2).

67. The most relevant secondary emission reduction measures are outlined in table 10. It is difficult to provide generally
valid data because the relative costs in USD/tonne depend on a particularly wide range of site-specific variables, such
as waste composition.

68. Heavy metals are found in all fractions of the municipal waste stream (e.g. products, paper, organic materials).
Therefore, by reducing the quantity of municipal waste that is incinerated, heavy metal emissions can be reduced.
This can be accomplished through various waste management strategies, including recycling programmes and the
composting of organic materials. In addition, some UN/ECE countries allow municipal waste to be landfilled. In a
properly managed landfill, emissions of cadmium and lead are eliminated and mercury emissions may be lower than
with incineration. Research on emissions of mercury from landfills is taking place in several UN/ECE countries.

Emission sources, control measures, reduction efficiencies and costs for municipal, medical and hazardous
waste incineration

Table 10

Emission source

Control measure(s)

Reduction efficiency
(%)

Abatement costs
(total costs USD)

Stack gases

High-efficiency scrubbers

Pd, Cd: > 98; Hg: ca. 50

(cid:151)

ESP (3 fields)

Pb, Cd; 80-90

10-20/Mg waste

Wet ESP (1 field)

Pb, Cd: 95-99

(cid:151)

Fabric filters

Pb, Cd: 95-99

15-30/Mg waste

Carbon injection + FF

Hg: > 85

Carbon bed filtration

Hg: > 99

operating costs;
ca. 2-3/Mg waste

operating costs;
ca. 50/Mg waste</

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ANNEX IV

TIMESCALES FOR THE APPLICATION OF LIMIT VALUES AND BEST AVAILABLE TECHNIQUES TO NEW
AND EXISTING STATIONARY SOURCES

The timescales for the application of limit values and best available techniques are:

(a) For new stationary sources: two years after the date of entry into force of the present Protocol;

(b) For existing stationary sources: eight years after the date of entry into force of the present Protocol. If necessary, this
period may be extended for specific existing stationary sources in accordance with the amortisation period provided
for by national legislation.

LIMIT VALUES FOR CONTROLLING EMISSIONS FROM MAJOR STATIONARY SOURCES

ANNEX V

I. INTRODUCTION

1. Two types of limit value are important for heavy metal emission control:

(cid:151) Values for specific heavy metals or groups of heavy metals; and

(cid:151) Values for emissions of particulate matter in general.

2. In principle, limit values for particulate matter cannot replace specific limit values for cadmium, lead and mercury,
because the quantity of metals associated with particulate emissions differs from one process to another. However,
compliance with these limits contributes significantly to reducing heavy metal emissions in general. Moreover,
monitoring particulate emissions is generally less expensive than monitoring individual species and continuous
monitoring of individual heavy metals is in general not feasible. Therefore, particulate limit values are of great
practical importance and are also laid down in this annex in most cases to complement or replace specific limit
values for cadmium or lead or mercury.

3. Limit values, expressed as mg/m3, refer to standard conditions (volume at 273,15 K, 101,3 kPa, dry gas) and are
calculated as an average value of one-hour measurements, covering several hours of operation, as a rule 24 hours.
Periods of start-up and shutdown should be excluded. The averaging time may be extended when required to
achieve sufficiently precise monitoring results. With regard to the oxygen content of the waste gas, the values given
for selected major stationary sources shall apply. Any dilution for the purpose of
lowering concentrations of
pollutants in waste gases is forbidden. Limit values for heavy metals include the solid, gaseous and vapour form
of the metal and its compounds, expressed as the metal. Whenever limit values for total emissions are given,
expressed as g/unit of production or capacity respectively, they refer to the sum of stack and fugitive emissions,
calculated as an annual value.

4. In cases in which an exceeding of given limit values cannot be excluded, either emissions or a performance
parameter that indicates whether a control device is being properly operated and maintained shall be monitored.
Monitoring of either emissions or performance indicators should take place continuously if the emitted mass flow of
particulates is above 10 kg/h. If emissions are monitored, the concentrations of air pollutants in gas-carrying ducts
have to be measured in a representative fashion. If particulate matter is monitored discontinuously, the concen-
trations should be measured at regular intervals, taking at least three independent readings per check. Sampling and
analysis of all pollutants as well as reference measurement methods to calibrate automated measurement systems
shall be carried out according to the standards laid down by the ComitØ europØen de normalisation (CEN) or the
International Organization for Standardization (ISO). While awaiting the development of the CEN or ISO standards,
national standards shall apply. National standards can also be used if they provide equivalent results to CEN or ISO
standards.

5. In the case of continuous monitoring, compliance with the limit values is achieved if none of the calculated average
24-hour emission concentrations exceeds the limit value or if the 24-hour average of the monitored parameter does
not exceed the correlated value of that parameter that was established during a performance test when the control
device was being properly operated and maintained. In the case of discontinuous emission monitoring, compliance
is achieved if the average reading per check does not exceed the value of the limit. Compliance with each of the
limit values expressed as total emissions per unit of production or total annual emissions is achieved if the
monitored value is not exceeded, as described above.

II. SPECIFIC LIMIT VALUES FOR SELECTED MAJOR STATIONARY SOURCES

Combustion of fossil fuels (annex II, category 1):

6. Limit values refer to 6 % O2 in flue gas for solid fuels and to 3 % O2 for liquid fuels.
7. Limit value for particulate emissions for solid and liquid fuels: 50 mg/m3.

Sinter plants (annex II, category 2):

8. Limit value for particulate emissions: 50 mg/m3.

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Pellet plants (annex II, category 2):

9. Limit value for particulate emissions:

(a) Grinding, drying: 25 mg/m3; and

(b) Pelletising: 25 mg/m3; or

10. Limit value for total particulate emissions: 40 g/Mg of pellets produced.

Blast furnaces (annex II, category 3):

11. Limit value for particulate emissions: 50 mg/m3.

Electric arc furnaces (annex II, category 3):

12. Limit value for particulate emissions: 20 mg/m3.

Production of copper and zinc, including Imperial Smelting furnaces (annex II, categories 5 and 6):

13. Limit value for particulate emissions: 20 mg/m3.

Production of lead (annex II, categories 5 and 6):

14. Limit value for particulate emissions: 10 mg/m3.

Cement industry (annex II, category 7):

15. Limit value for particulate emissions: 50 mg/m3.

Glass industry (annex II, category 8):

16. Limit values refer to different O2 concentrations in flue gas depending on furnace type: tank furnaces: 8 %; pot

furnaces and day tanks: 13 %.

17. Limit value for lead emissions: 5 mg/m3.

Chlor-alkali industry (annex II, category 9):

18. Limit values refer to the total quantity of mercury released by a plant into the air, regardless of the emission source

and expressed as an annual mean value.

19. Limit values for existing chlor-alkali plants shall be evaluated by the Parties meeting within the Executive Body no

later than two years after the date of entry into force of the present Protocol.

20. Limit value for new chlor-alkali plants: 0,01 g Hg/Mg Cl2 production capacity.

Municipal, medical and hazardous waste incineration (annex II, categories 10 and 11):

21. Limit values refer to 11 % O2 concentration in flue gas.

22. Limit value for particulate emissions:

(a) 10 mg/m3 for hazardous and medical waste incineration;

(b) 25 mg/m3 for municipal waste incineration.

23. Limit value for mercury emissions:

(a) 0,05 mg/m3 for hazardous waste incineration;

(b) 0,08 mg/m3 for municipal waste incineration;

(c) Limit values for mercury-containing emissions from medical waste incineration shall be evaluated by the Parties
meeting within the Executive Body no later than two years after the date of entry into force of the present
Protocol.

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ANNEX VI

PRODUCT CONTROL MEASURES

1. Except as otherwise provided in this annex, no later than six months after the date of entry into force of the present
Protocol, the lead content of marketed petrol
intended for on-road vehicles shall not exceed 0,013 g/l. Parties
marketing unleaded petrol with a lead content lower than 0,013 g/l shall endeavour to maintain or lower that level.

2. Each Party shall endeavour to ensure that the change to fuels with a lead content as specified in paragraph 1 above

results in an overall reduction in the harmful effects on human health and the environment.

3. Where a State determines that limiting the lead content of marketed petrol in accordance with paragraph 1 above
would result in severe socio-economic or technical problems for it or would not lead to overall environmental or
health benefits because of, inter alia, its climate situation, it may extend the time period given in that paragraph to a
period of up to 10 years, during which it may market leaded petrol with a lead content not exceeding 0,15 g/l. In
such a case, the State 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 to the Executive Body in
writing information on the reasons for this.

4. A Party is permitted to market small quantities, up to 0,5 per cent of its total petrol sales, of leaded petrol with a lead

content not exceeding 0,15 g/l to be used by old on-road vehicles.

5. Each Party shall, no later than five years, or ten years for countries with economies in transition that state their
intention to adopt a ten-year period in a declaration to be deposited with their instrument of ratification, acceptance,
approval or accession, after the date of entry into force of this Protocol, achieve concentration levels which do not
exceed:

(a) 0,05 per cent of mercury by weight in alkaline manganese batteries for prolonged use in extreme conditions (e.g.

temperature below 0 (cid:176)C or above 50 (cid:176)C, exposed to shocks); and

(b) 0,025 per cent of mercury by weight in all other alkaline manganese batteries.

The above limits may be exceeded for a new application of a battery technology, or use of a battery in a new
product,
if reasonable safeguards are taken to ensure that the resulting battery or product without an easily
removable battery will be disposed of in an environmentally sound manner. Alkaline manganese button cells and
batteries composed of button cells shall also be exempted from this obligation.

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ANNEX VII

PRODUCT MANAGEMENT MEASURES

1. This annex aims to provide guidance to Parties on product management measures.

2. The Parties may consider appropriate product management measures such as those listed below, where warranted as
a result of the potential risk of adverse effects on human health or the environment from emissions of one or more
of the heavy metals listed in annex I, taking into account all relevant risks and benefits of such measures, with a view
to ensuring that any changes to products result in an overall reduction of harmful effects on human health and the
environment:

(a) The substitution of products containing one or more intentionally added heavy metals listed in annex I, if a

suitable alternative exists;

(b) The minimisation or substitution in products of one or more intentionally added heavy metals listed in annex I;

(c) The provision of product information including labelling to ensure that users are informed of the content of one
or more intentionally added heavy metals listed in annex I and of the need for safe use and waste handling;

(d) The use of economic incentives or voluntary agreements to reduce or eliminate the content in products of the

heavy metals listed in annex I; and

(e) The development and implementation of programmes for the collection, recycling or disposal of products

containing one of the heavy metals in annex I in an environmentally sound manner.

3. Each product or product group listed below contains one or more of the heavy metals listed in annex I and is the
subject of regulatory or voluntary action by at least one Party to the Convention based for a significant part on the
contribution of that product to emissions of one or more of the heavy metals in annex I. However, sufficient
information is not yet available to confirm that they are a significant source for all Parties, thereby warranting
inclusion in annex VI. Each Party is encouraged to consider available information and, where satisfied of the need to
take precautionary measures, to apply product management measures such as those listed in paragraph 2 above to
one or more of the products listed below:

(a) Mercury-containing electrical components, i.e. devices that contain one or several contacts/sensors for the transfer
of electrical current such as relays, thermostats, level switches, pressure switches and other switches (actions taken
include a ban on most mercury-containing electrical components; voluntary programmes to replace some
mercury switches with electronic or special switches; voluntary recycling programmes for switches; and
voluntary recycling programmes for thermostats);

(b) Mercury-containing measuring devices such as thermometers, manometers, barometers, pressure gauges, pressure
switches and pressure transmitters (actions taken include a ban on mercury-containing thermometers and ban on
measuring instruments);

(c) Mercury-containing fluorescent lamps (actions taken include reductions in mercury content per lamp through

both voluntary and regulatory programmes and voluntary recycling programmes);

(d) Mercury-containing dental amalgam (actions taken include voluntary measures and a ban with exemptions on the
use of dental amalgams and voluntary programmes to promote capture of dental amalgam before release to water
treatment plants from dental surgeries);

(e) Mercury-containing pesticides including seed dressing (actions taken include bans on all mercury pesticides

including seed treatments and a ban on mercury use as a disinfectant);

(f) Mercury-containing paint (actions taken include bans on all such paints, bans on such paints for interior use and

use on children’s toys; and bans on use in antifouling paints); and

(g) Mercury-containing batteries other than those covered in annex VI (actions taken include reductions in mercury
content through both voluntary and regulatory programmes and environmental charges and voluntary recycling
programmes).