2006/61/EC: Council Decision of  2 December 2005  on the conclusion, on behalf of the European Community, of the UN-ECE Protocol on Pollutant Release and Transfer Registers
Date: 2006-02-04
Institutions: Council of the European Union
Subjects: UN convention, access to information, database, pollutant, waste management

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II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 2 December 2005

on the conclusion, on behalf of the European Community, of the UN-ECE Protocol on Pollutant
Release and Transfer Registers

(2006/61/EC)

THE COUNCIL OF THE EUROPEAN UNION,

establishing the European
Having regard to the Treaty
in conjunction
Community, and in particular Article 175(1),
with the first sentence of
the first subparagraph of Article
300(2) and the first subparagraph of Article 300(3), as well
as Article 300(4) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

Whereas:

(1)

The UN-ECE Protocol on Pollutant Release and Transfer
Registers (hereinafter the Protocol) aims at enhancing
public access to information,
in line with the UN-ECE
Convention on Access to Information, Public Partici-
pation in Decision-making and Access to Justice in Envi-
ronmental Matters (hereinafter the Aarhus Convention).

of ratification, acceptance, approval or accession,
extent of
governed by the Protocol.

the
its competence with respect to the matters

(6)

(7)

(8)

European
Regulation (EC) No 166/2006 of
Parliament
and the Council of 18 January 2006
concerning the establishment of a European Pollutant
Release and Transfer Register (3) has incorporated the
into Community legislation.
provisions of the Protocol

the

Article 20 of the Protocol stipulates a simplified and
accelerated procedure for amending its annexes.

It is therefore appropriate to approve the Protocol on
behalf of the Community,

HAS DECIDED AS FOLLOWS:

Article 1

(2)

The Community signed the Aarhus Convention on 25
June 1998 and approved it by Decision 2005/370/EC (2).

The UN-ECE Protocol on Pollutant Release and Transfer
Registers is hereby approved on behalf of the Community.

(3)

The Community signed the Protocol on 21 May 2003.

(4)

(5)

The Protocol
is open to ratification, acceptance or
approval by signatory States and by regional economic
integration organisations.

Under the terms of the Protocol, a regional economic
integration organisation is to declare in its instrument

The text of
Annex A.

the Protocol

is attached to this Decision as

Article 2

The President of the Council is hereby authorised to designate
the person(s) empowered to deposit the instrument of approval
with the Secretary-General of the United Nations, in accordance
with Article 25 of the Protocol.

(1) Opinion of 30 May 2005 (not yet published in the Official Journal).
(2) OJ L 124, 17.5.2005, p. 1.

(3) OJ L 33, 4.2.2006, p. 1.

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Article 3

The President of the Council is hereby authorised to designate
the
the person(s)
Community,
in
the Declaration of Competence
Annex B to this Decision, in accordance with Article 26(4) of
the Protocol.

empowered to deposit, on behalf of
set out

Article 4

As regards matters falling within Community competence,
1.
the Commission is authorised to approve on behalf of
the
Community, amendments to the Annexes to the Protocol,
pursuant to Article 20 thereof.

The Commission shall be assisted in carrying out this task

2.
by a special committee appointed by the Council.

The authorisation referred to in paragraph 1 shall be
3.
limited to those amendments that are consistent with, and do
not entail any modification of, relevant Community legislation
on the establishment of a European Pollutant Release and
Transfer Register.

the date of

the Commission shall,

4. Whenever an amendment to the Annexes to the Protocol
implemented in the relevant Community legislation
is not
its circulation by the
within 12 months of
Depositary,
in writing, provide the
Depositary with a notification of non-acceptance with respect
to that amendment in accordance with Article 20(8) of the
Protocol before the expiry of that 12-month period. Where
the amendment is subsequently implemented, the Commission
shall withdraw the notification without delay.

Article 5

This Decision shall be published in the Official Journal of the
European Union.

Done at Brussels, 2 December 2005.

For the Council
The President

M. BECKETT

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ANNEX A

PROTOCOL ON POLLUTANT RELEASE AND TRANSFER REGISTERS

The Parties to this Protocol,

Recalling Article 5(9), and Article 10(2), of the 1998 Convention on Access to Information, Public Participation in
Decision-making and Access to Justice in Environmental Matters (the Aarhus Convention),

Recognising that pollutant release and transfer registers provide an important mechanism to increase corporate account-
ability, reduce pollution and promote sustainable development, as stated in the Lucca Declaration adopted at the first
meeting of the Parties to the Aarhus Convention,

Having regard to principle 10 of the 1992 Rio Declaration on Environment and Development,

Having regard also to the principles and commitments agreed to at the 1992 United Nations Conference on Environment
and Development, in particular the provisions in chapter 19 of Agenda 21,

Taking note of the Programme for the Further Implementation of Agenda 21, adopted by the General Assembly of the
United Nations at its 19th special session, 1997,
inter alia, enhanced national capacities and
capabilities for information collection, processing and dissemination, to facilitate public access to information on global
environmental issues through appropriate means,

in which it called for,

Having regard to the Plan of Implementation of the 2002 World Summit on Sustainable Development, which encourages
the development of coherent, integrated information on chemicals, such as through national pollutant release and transfer
registers,

Taking into account the work of the Intergovernmental Forum on Chemical Safety,
in particular the 2000 Bahia
Declaration on Chemical Safety, the Priorities for Action Beyond 2000 and the Pollutant Release and Transfer Register/
Emission Inventory Action Plan,

Taking into account also the activities undertaken within the framework of the Inter-Organisation Programme for the
Sound Management of Chemicals,

furthermore, the work of the Organisation for Economic Cooperation and Development,

in
Taking into account,
particular its Council Recommendation on Implementing Pollutant Release and Transfer Registers,
in which the
Council calls upon member countries to establish and make publicly available national pollutant release and transfer
registers,

Wishing to provide a mechanism contributing to the ability of every person of present and future generations to live in
an environment adequate to his or her health and well-being, by ensuring the development of publicly accessible
environmental information systems,

Wishing also to ensure that the development of such systems takes into account principles contributing to sustainable
development such as the precautionary approach set forth in principle 15 of the 1992 Rio Declaration on Environment
and Development,

Recognising the link between adequate environmental information systems and the exercise of the rights contained in the
Aarhus Convention,

Noting the need for cooperation with other international initiatives concerning pollutants and waste, including the 2001
Stockholm Convention on Persistent Organic Pollutants and the 1989 Basel Convention on the Control of Transboundary
Movements of Hazardous Wastes and their Disposal,

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Recognising that the objectives of an integrated approach to minimising pollution and the amount of waste resulting
from the operation of industrial
installations and other sources are to achieve a high level of protection for the
environment as a whole, to move towards sustainable and environmentally sound development and to protect the
health of present and future generations,

Convinced of the value of pollutant release and transfer registers as a cost-effective tool for encouraging improvements in
environmental performance, for providing public access to information on pollutants released into and transferred in and
through communities, and for use by Governments in tracking trends, demonstrating progress in pollution reduction,
monitoring compliance with certain international agreements, setting priorities and evaluating progress achieved through
environmental policies and programmes,

Believing that pollutant release and transfer registers can bring tangible benefits to industry through the improved
management of pollutants,

Noting the opportunities for using data from pollutant release and transfer registers, combined with health, environ-
mental, demographic, economic or other types of relevant information, for the purpose of gaining a better understanding
identifying ‘hot spots’, taking preventive and mitigating measures, and setting environmental
of potential problems,
management priorities,

Recognising the importance of protecting the privacy of identified or identifiable natural persons in the processing of
information reported to pollutant release and transfer registers in accordance with applicable international standards
relating to data protection,

Recognising also the importance of developing internationally compatible national pollutant release and transfer register
systems to increase the comparability of data,

Noting that many Member States of the United Nations Economic Commission for Europe, the European Community and
the Parties to the North American Free Trade Agreement are acting to collect data on pollutant releases and transfers from
various sources and to make these data publicly accessible, and recognising, especially in this area, the long and valuable
experience in certain countries,

Taking into account the different approaches in existing emission registers and the need to avoid duplication, and
recognising therefore that a certain degree of flexibility is needed,

Urging the progressive development of national pollutant release and transfer registers,

Urging also the establishment of links between national pollutant release and transfer registers and information systems
on other releases of public concern,

HAVE AGREED AS FOLLOWS:

Article 1

Objective

The objective of this Protocol
is to enhance public access to
information through the establishment of coherent, integrated,
nationwide pollutant release and transfer registers (PRTRs) in
accordance with the provisions of this Protocol, which could
facilitate public participation in environmental decision-making
as well as contribute to the prevention and reduction of
pollution of the environment.

Article 2

Definitions

For the purposes of this Protocol,

1.

2.

‘Party’ means, unless the text indicates otherwise, a State or
a regional economic integration organisation referred to in
Article 24 which has consented to be bound by this
Protocol and for which the Protocol is in force;

‘Convention’ means the Convention on Access to Infor-
mation, Public Participation in Decision-making
and
Access
to Justice in Environmental Matters, done at
Aarhus, Denmark, on 25 June 1998;

3.

‘the public’ means one or more natural or legal persons,
and,
legislation or practice,
their associations, organisations or groups;

in accordance with national

4.

‘facility’ means one or more installations on the same site,
or on adjoining sites, that are owned or operated by the
same natural or legal person;

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5.

6.

7.

8.

9.

‘competent authority’ means
the national authority or
authorities, or any other competent body or bodies,
designated by a Party to manage a national pollutant
release and transfer register system;

‘pollutant’ means a substance or a group of substances that
may be harmful to the environment or to human health on
account of its properties and of its introduction into the
environment;

‘release’ means any introduction of pollutants into the
environment as a result of any human activity, whether
deliberate or accidental, routine or non-routine, including
spilling,
injecting, disposing or
dumping, or through sewer systems without final waste-
water treatment;

emitting, discharging,

transfer’ means

‘off-site
the movement beyond the
the facility of either pollutants or waste
boundaries of
destined for disposal or recovery and of pollutants in
waste water destined for waste-water treatment;

‘diffuse sources’ means the many smaller or scattered
sources from which pollutants may be released to land,
air or water, whose combined impact on those media
to
may be significant and for which it
collect reports from each individual source;

is impractical

10. the terms ‘national’ and ‘nationwide’ shall, with respect to
the obligations under the Protocol on Parties that are
regional economic integration organisations, be construed
as applying to the region in question unless otherwise
indicated;

11.

‘waste’ means substances or objects which are:

(a) disposed of or recovered;

Article 3

General provisions

1.
Each Party shall take the necessary legislative, regulatory
and other measures, and appropriate enforcement measures, to
implement the provisions of this Protocol.

2.
The provisions of this Protocol shall not affect the right of
a Party to maintain or introduce a more extensive or more
publicly accessible pollutant release and transfer register than
required by this Protocol.

Each Party shall take the necessary measures to require
3.
that employees of a facility and members of the public who
report a violation by a facility of national laws implementing
this Protocol to public authorities are not penalised, persecuted
or harassed by that facility or public authorities for their actions
in reporting the violation.

In the implementation of this Protocol, each Party shall be
4.
guided by the precautionary approach as set forth in principle
15 of the 1992 Rio Declaration on Environment and Devel-
opment.

To reduce duplicative reporting, pollutant

5.
release and
transfer register systems may be integrated to the degree prac-
ticable with existing information sources such as reporting
mechanisms under licences or operating permits.

Parties shall strive to achieve convergence among national

6.
pollutant release and transfer registers.

(b) intended to be disposed of or recovered; or

Article 4

(c) required by the provisions of national

law to be

disposed of or recovered;

Core elements of a pollutant release and transfer register
system

12.

‘hazardous waste’ means waste that is defined as hazardous
by the provisions of national law;

In accordance with this Protocol, each Party shall establish and
maintain a publicly accessible national pollutant release and
transfer register that:

(a)

is facility-specific with respect to reporting on point sources;

13.

‘other waste’ means waste that is not hazardous waste;

(b) accommodates reporting on diffuse sources;

(c)

is pollutant-specific or waste-specific, as appropriate;

14.

‘waste water’ means used water, containing substances or
objects, that is subject to regulation by national law.

(d)

is multimedia, distinguishing among releases to air, land and
water;

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(e)

includes information on transfers;

(f)

is based on mandatory reporting on a periodic basis;

(g)

includes standardised and timely data, a limited number of
standardised reporting thresholds and limited provisions, if
any, for confidentiality;

(h) is coherent and designed to be user-friendly and publicly

accessible, including in electronic form;

(i) allows for public participation in its development and modi-

fication; and

(j)

is a structured, computerised database or several
databases maintained by the competent authority.

linked

Article 5

Each Party should provide links in its register to its
existing, publicly accessible databases on subject

5.
relevant
matters related to environmental protection.

Each Party shall provide links in its register

6.
to the
pollutant release and transfer registers of other Parties to the
Protocol and, where feasible, to those of other countries.

Article 6

Scope of the register

Each Party shall ensure that its register includes the infor-

1.
mation on:

(a) releases of pollutants required to be reported pursuant to

Design and structure

Article 7(2);

1.
Each Party shall ensure that the data held on the register
referred to in Article 4 are presented in both aggregated and
non-aggregated forms, so that releases and transfers can be
searched and identified according to:

(a)

facility and its geographical location;

(b) activity;

(c) owner or operator, and, as appropriate, company;

(d) pollutant or waste, as appropriate;

(e) each of the environmental media into which the pollutant is

released; and

(f) as specified in Article 7, paragraph 5, the destination of the
transfer and, where appropriate, the disposal or recovery
operation for waste.

2.
Each Party shall also ensure that the data can be searched
and identified according to those diffuse sources which have
been included in the register.

Each Party shall design its register taking into account the
3.
possibility of
the
reporting data from at least the 10 previous reporting years
are publicly accessible.

future expansion and ensuring that

its

(b) off-site transfers required to be reported pursuant to Article

7(2); and

(c) releases of pollutants from diffuse sources required pursuant

to Article 7(4).

2.
Having assessed the experience gained from the deve-
lopment of national pollutant release and transfer registers
this Protocol, and taking into
and the implementation of
account relevant
the
this
Parties
Protocol and shall consider the following issues in its further
development:

the Meeting of
review the reporting requirements under

international processes,

shall

(a) revision of the activities specified in Annex I;

(b) revision of the pollutants specified in Annex II;

(c) revision of the thresholds in Annexes I and II; and

(d) inclusion of other relevant aspects such as information on
on-site transfers,
reporting
requirements for diffuse sources or the development of
criteria for including pollutants under this Protocol.

the specification of

storage,

Article 7

Reporting requirements

1.

Each Party shall either:

4.
The register shall be designed for maximum ease of public
access through electronic means, such as the Internet. The
design shall allow that, under normal operating conditions,
the information on the register is continuously and immediately
available through electronic means.

(a) require the owner or the operator of each individual facility
within its jurisdiction that undertakes one or more of the
activities specified in Annex I above the applicable capacity
threshold specified in Annex I, column 1, and:

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(i)

(ii)

releases any pollutant specified in Annex II in quantities
exceeding the applicable thresholds specified in Annex
II, column 1;

transfers off-site any pollutant specified in Annex II in
quantities exceeding the applicable threshold specified
in Annex II, column 2, where the Party has opted for
pollutant-specific reporting of
to
paragraph 5(d);

transfers pursuant

(iii) transfers off-site hazardous waste exceeding two tons
per year or other waste exceeding 2 000 tons per
year, where the Party has opted for waste-specific
reporting of transfers pursuant to paragraph 5(d); or

(iv) transfers off-site any pollutant specified in Annex II in
waste water destined for waste-water treatment in quan-
tities exceeding the applicable threshold specified in
Annex II, column 1b;

to undertake the obligation imposed on that owner or
operator pursuant to paragraph 2; or

Each Party shall require the owners or operators of the
5.
facilities required to report under paragraph 2 to complete and
submit to its competent authority, the following information on
a facility-specific basis:

(a)

the name, street address, geographical
location and the
activity or activities of the reporting facility, and the name
of the owner or operator, and, as appropriate, company;

(b) the name and numerical identifier of each pollutant required

to be reported pursuant to paragraph 2;

(c)

the amount of each pollutant
required to be reported
pursuant to paragraph 2 released from the facility to the
environment in the reporting year, both in aggregate and
according to whether the release is to air, to water or to
land, including by underground injection;

(b) require the owner or the operator of each individual facility
within its jurisdiction that undertakes one or more of the
activities specified in Annex I at or above the employee
threshold specified in Annex I, column 2, and manufactures,
processes or uses any pollutant specified in Annex II
in
quantities exceeding the applicable threshold specified in
Annex II, column 3, to undertake the obligation imposed
on that owner or operator pursuant to paragraph 2.

2.
Each Party shall require the owner or operator of a facility
referred to in paragraph 1 to submit the information specified
in paragraphs 5 and 6, and in accordance with the requirements
therein, with respect to those pollutants and wastes for which
thresholds were exceeded.

3.
In order to achieve the objective of this Protocol, a Party
may decide with respect to a particular pollutant to apply either
a release threshold or a manufacture, process or use threshold,
provided that this increases the relevant information on releases
or transfers available in its register.

(d) either:

(i)

the amount of each pollutant required to be reported
pursuant to paragraph 2 that is transferred off-site in the
reporting year, distinguishing between the amounts
transferred for disposal and for
recovery, and the
name and address of the facility receiving the transfer;
or

(ii) the amount of waste required to be reported pursuant to
paragraph 2 transferred off-site in the reporting year,
distinguishing between hazardous waste and other
waste, for any operations of recovery or disposal, indi-
cating respectively with ‘R’ or ‘D’ whether the waste is
destined for disposal or recovery pursuant to Annex III
and, for transboundary movements of hazardous waste,
the name and address of the disposer or recoverer of the
waste and the actual disposal or recovery site receiving
the transfer;

(e)

the amount of each pollutant in waste water required to be
reported pursuant to paragraph 2 transferred off-site in the
reporting year; and

Each Party shall ensure that

4.
its competent authority
collects, or shall designate one or more public authorities or
competent bodies to collect, the information on releases of
pollutants from diffuse sources specified in paragraphs 7 and
8, for inclusion in its register.

(f)

the type of methodology used to derive the information
referred to in subparagraphs (c) to (e), according to Article
9(2),
the information is based on
measurement, calculation or estimation.

indicating whether

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The information referred to in paragraph 5(c) to (e) shall
6.
include information on releases and transfers resulting from
routine activities and from extraordinary events.

pursuant to Article 7 and to keep available for the competent
authorities the records of the data from which the reported
information was derived for a period of
five years, starting
from the end of the reporting year concerned. These records
shall also describe the methodology used for data gathering.

Each Party shall present on its register,

7.
in an adequate
spatial disaggregation, the information on releases of pollutants
from diffuse sources for which that Party determines that data
are being collected by the relevant authorities and can be prac-
ticably included. Where the Party determines that no such data
exist, it shall take measures to initiate reporting on releases of
relevant pollutants
in
accordance with its national priorities.

from one or more diffuse sources

2.
Each Party shall require the owners or operators of the
facilities subject to reporting pursuant to Article 7, to use the
best available information, which may include monitoring data,
emission factors, mass balance equations, indirect monitoring or
other calculations, engineering judgments and other methods.
Where appropriate, this should be done in accordance with
internationally approved methodologies.

8.
The information referred to in paragraph 7 shall include
information on the type of methodology used to derive the
information.

Article 10

Quality assessment

Article 8

Reporting cycle

Each Party shall ensure that the information required to be
1.
incorporated in its register is publicly available, compiled and
presented on the register by calendar year. The reporting year is
the calendar year to which that information relates. For each
Party, the first reporting year is the calendar year after the
that Party. The reporting
Protocol enters
required pursuant to Article 7 shall be annual. However, the
second reporting year may be the second calendar year
following the first reporting year.

into force for

2.
Each Party that is not a regional economic integration
organisation shall ensure that the information is incorporated
into its register within 15 months from the end of each
reporting
first
the
reporting year shall be incorporated into its register within
two years from the end of that reporting year.

information for

year. However,

the

1.
Each Party shall require the owners or operators of the
facilities subject to the reporting requirements of Article 7(1), to
assure the quality of the information that they report.

Each Party shall ensure that

the data contained in its
2.
to quality assessment by the competent
register are subject
authority,
in particular as to their completeness, consistency
and credibility, taking into account any guidelines that may
be developed by the Meeting of the Parties.

Article 11

Public access to information

1.
Each Party shall ensure public access to information
contained in its pollutant release and transfer register, without
an interest having to be stated, and according to the provisions
of this Protocol, primarily by ensuring that its register provides
for direct electronic access through public telecommunications
networks.

Each Party that is a regional economic integration organi-
3.
sation shall ensure that
the information for a particular
reporting year is incorporated into its register six months
after the Parties that are not regional economic integration
organisations are required to do so.

2. Where the information contained in its register is not
easily publicly accessible by direct electronic means, each
Party shall ensure that its competent authority upon request
information by any other effective means, as
provides that
soon as possible and at the latest within one month after the
request has been submitted.

Article 9

Data collection and record-keeping

Subject to paragraph 4, each Party shall ensure that access

3.
to information contained in its register is free of charge.

1.
Each Party shall require the owners or operators of the
facilities subject to the reporting requirements of Article 7 to
in accordance with
collect
paragraph 2 below and with appropriate
the
frequency,
facility’s releases and off-site transfers subject
to reporting

the data needed to determine,

4.
Each Party may allow its competent authority to make a
charge for reproducing and mailing the specific information
referred to in paragraph 2, but such charge shall not exceed a
reasonable amount.

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5. Where the information contained in its register is not
easily publicly accessible by direct electronic means, each
Party shall facilitate electronic access to its register in publicly
accessible locations, for example in public libraries, offices of
local authorities or other appropriate places.

Article 12

Confidentiality

1.
Each Party may authorise the competent authority to keep
information, held on the register, confidential where public
disclosure of that information would adversely affect:

(a)

international relations, national defence or public security;

Article 13

Public participation in the development of national
pollutant release and transfer registers

Each Party shall ensure appropriate opportunities for
1.
public participation in the development of
its national
pollutant release and transfer register, within the framework
of its national law.

2.
For the purpose of paragraph 1, each Party shall provide
the opportunity for free public access to the information on the
proposed measures concerning the development of its national
pollutant release and transfer register and for the submission of
information, analyses or opinions that are
any comments,
relevant
to the decision-making process, and the relevant
authority shall take due account of such public input.

(b) the course of justice, the ability of a person to receive a fair
trial or the ability of a public authority to conduct an
enquiry of a criminal or disciplinary nature;

3.
Each Party shall ensure that, when a decision to establish
or significantly change its register has been taken, information
on the decision and the considerations on which it is based are
made publicly available in a timely manner.

(c)

the confidentiality of commercial and industrial information,
where such confidentiality is protected by law in order to
protect a legitimate economic interest;

(d) intellectual property rights; or

(e)

the confidentiality of personal data and/or files relating to a
natural person if
that person has not consented to the
disclosure of the information to the public, where such
confidentiality is provided for in national law.

The aforementioned grounds for confidentiality shall be inter-
the public
preted in a restrictive way,
interest served by disclosure and whether
the information
relates to releases into the environment.

taking into account

2. Within the framework of paragraph 1(c), any information
on releases which is relevant for the protection of the envi-
shall be considered for disclosure according to
ronment
national law.

Article 14

Access to justice

Each Party shall, within the framework of

1.
its national
legislation, ensure that any person who considers that his or
her request
for information under Article 11(2), has been
ignored, wrongfully refused, whether in part or in full, inade-
quately answered, or otherwise not dealt with in accordance
with the provisions of that paragraph has access to a review
procedure before a court of law or another independent and
impartial body established by law.

2.
The requirements in paragraph 1 are without prejudice to
the respective rights and obligations of Parties under existing
treaties applicable between them dealing with the subject matter
of this Article.

Article 15

Capacity-building

Each Party shall promote public awareness of its pollutant
1.
release and transfer register, and shall ensure that assistance and
guidance are provided in accessing its register and in under-
standing and using the information contained in it.

3. Whenever information is kept confidential according to
paragraph 1, the register shall indicate what type of information
has been withheld,
for example, providing generic
chemical
information if possible, and for what reason it has
been withheld.

through,

2.
Each Party should provide adequate capacity-building for
and guidance to the responsible authorities and bodies to assist
them in carrying out their duties under this Protocol.

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Article 16

International cooperation

the basis of regular reporting by the Parties and, with this
purpose in mind, shall:

The Parties shall, as appropriate, cooperate and assist each

1.
other:

(a)

in international actions in support of the objectives of this
Protocol;

(b) on the basis of mutual agreement between the Parties
concerned, in implementing national systems in pursuance
of this Protocol;

(c)

in sharing information under this Protocol on releases and
transfers within border areas; and

(a) review the development of pollutant release and transfer
registers, and promote their progressive strengthening and
convergence;

(b) establish guidelines facilitating reporting by the Parties to it,
bearing in mind the need to avoid duplication of effort in
this regard;

(c) establish a programme of work;

(d) consider

and, where

to
appropriate,
strengthen international cooperation in accordance with
Article 16;

adopt measures

(d) in sharing information under

this Protocol concerning

transfers among Parties.

(e) establish such subsidiary bodies as it deems necessary;

The Parties

shall encourage cooperation among one
2.
another and with relevant international organisations, as appro-
priate, to promote:

(f) consider and adopt proposals for such amendments to this
Protocol and its Annexes as are deemed necessary for the
purposes of this Protocol, in accordance with the provisions
of Article 20;

(a) public awareness at the international level;

(b) the transfer of technology; and

(g) at its first session, consider and by consensus adopt rules of
procedure for its sessions and those of its subsidiary bodies,
taking into account any rules of procedure adopted by the
Meeting of the Parties to the Convention;

(c)

the provision of
technical assistance to Parties that are
developing countries and Parties with economies in tran-
sition in matters relating to this Protocol.

(h) consider establishing financial arrangements by consensus
and technical assistance mechanisms to facilitate the imple-
mentation of this Protocol;

Article 17

Meeting of the Parties

(i)

seek, where appropriate, the services of other relevant inter-
national bodies in the achievement of the objectives of this
Protocol; and

1.
A Meeting of the Parties is hereby established. Its first
session shall be convened no later than two years after the
entry into force of this Protocol. Thereafter, ordinary sessions
of the Meeting of the Parties shall be held sequentially with or
parallel to ordinary meetings of the Parties to the Convention,
unless otherwise decided by the Parties to this Protocol. The
Meeting of the Parties shall hold an extraordinary session if it so
decides in the course of an ordinary session or at the written
request of any Party provided that, within six months of it being
the Economic
communicated by the Executive Secretary of
Commission for Europe to all Parties,
is
supported by at least one third of these Parties.

the said request

2.
The Meeting of the Parties shall keep under continuous
review the implementation and development of this Protocol on

(j) consider and take any additional action that may be
required to further the objectives of this Protocol, such as
the adoption of guidelines and recommendations which
promote its implementation.

3.
The Meeting of the Parties shall facilitate the exchange of
information on the experience gained in reporting transfers
using the pollutant-specific and waste-specific approaches, and
shall review that experience in order to investigate the possi-
bility of convergence between the two approaches, taking into
account the public interest in information in accordance with
Article 1 and the overall effectiveness of national pollutant
release and transfer registers.

L 32/64

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4.2.2006

The United Nations, its specialised agencies and the Inter-
4.
national Atomic Energy Agency, as well as any State or regional
economic integration organisation entitled pursuant to Article
24 to sign this Protocol but which is not a Party to it, and any
intergovernmental organisation qualified in the fields to which
the Protocol relates, shall be entitled to participate as observers
in the sessions of the Meeting of the Parties. Their admission
and participation shall be subject to the rules of procedure
adopted by the Meeting of the Parties.

5.
Any non-governmental organisation qualified in the fields
to which this Protocol relates, which has informed the Executive
Secretary of the Economic Commission for Europe of its wish
to be represented at a session of the Meeting of the Parties, shall
be entitled to participate as an observer unless one third of the
Parties present at the session raise objections. Their admission
and participation shall be subject to the rules of procedure
adopted by the Meeting of the Parties.

Article 18

Right to vote

Except as provided for in paragraph 2, each Party to this

1.
Protocol shall have one vote.

bound by the Protocol and for which it has not yet entered into
force and to Signatories.

4.
The Parties shall make every effort to reach agreement on
any proposed amendment to this Protocol by consensus. If all
efforts at consensus have been exhausted, and no agreement
reached, the amendment shall, as a last resort, be adopted by
a three fourths majority vote of the Parties present and voting at
the session.

For the purposes of

‘Parties present and
5.
voting’ means Parties present and casting an affirmative or
negative vote.

this Article,

6.
Any amendment to this Protocol adopted in accordance
with paragraph 4 shall be communicated by the secretariat to
the Depositary, who shall circulate it to all Parties, to other
States and regional economic integration organisations that
have consented to be bound by the Protocol and for which it
has not yet entered into force and to Signatories.

Regional economic integration organisations,

2.
in matters
within their competence, shall exercise their right to vote with
a number of votes equal to the number of their Member States
which are Parties. Such organisations shall not exercise their
right to vote if their Member States exercise theirs, and vice
versa.

7.
An amendment, other than one to an Annex, shall enter
into force for those Parties having ratified, accepted or approved
it on the 19th day after the date of receipt by the Depositary of
the instruments of ratification, acceptance or approval by at
least three fourths of those which were Parties at the time of
its adoption. Thereafter it shall enter into force for any other
Party on the 19th day after that Party deposits its instrument of
ratification, acceptance or approval of the amendment.

Article 19

Annexes

Annexes to this Protocol shall form an integral part thereof and,
unless expressly provided otherwise, a reference to this Protocol
constitutes at the same time a reference to any Annexes thereto.

Article 20

Amendments

1.

Any Party may propose amendments to this Protocol.

Proposals

2.
to this Protocol
considered at a session of the Meeting of the Parties.

for amendments

shall be

8.
In the case of an amendment to an Annex, a Party that
so notify the
does not accept such an amendment
Depositary in writing within 12 months from the date of its
circulation by the Depositary. The Depositary shall, without
delay,
inform all Parties of any such notification received. A
Party may at any time withdraw a previous notification of
to an Annex
non-acceptance, whereupon the amendment
shall enter into force for that Party.

shall

to an Annex shall enter

9.
On the expiry of 12 months from the date of its circu-
lation by the Depositary as provided for in paragraph 6, an
amendment
those
Parties which have not
submitted a notification to the
Depositary in accordance with paragraph 8, provided that, at
that time, not more than one third of those which were Parties
at the time of the adoption of the amendment have submitted
such a notification.

into force for

Any proposed amendment

3.
shall be
submitted in writing to the secretariat, which shall communicate
it at least six months before the session at which it is proposed
for adoption to all Parties,
to other States and regional
economic integration organisations that have consented to be

to this Protocol

10.
If an amendment to an Annex is directly related to an
amendment to this Protocol, it shall not enter into force until
such time as the amendment to this Protocol enters into force.

4.2.2006

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Article 21

Secretariat

A regional economic integration organisation may make a
declaration with like effect
in relation to arbitration in
accordance with the procedures referred to in subparagraph (b).

The Executive Secretary of
the Economic Commission for
Europe shall carry out the following secretariat functions for
this Protocol:

(a)

the preparation and servicing of the sessions of the Meeting
of the Parties;

(b) the transmission to the Parties of reports and other infor-
mation received in accordance with the provisions of this
Protocol;

(c)

the reporting to the Meeting of the Parties on the activities
of the secretariat; and

(d) such other functions as may be determined by the Meeting

of the Parties on the basis of available resources.

Article 22

Review of compliance

its

first

session,

the Parties

At
shall, by
the Meeting of
consensus, establish cooperative procedures and institutional
arrangements of a non-judicial, non-adversarial and of a consul-
tative nature to assess and promote compliance with the
provisions of
this Protocol and to address cases of non-
compliance. In establishing these procedures and arrangements,
the Meeting of the Parties shall consider, inter alia, whether to
allow for information to be received from members of the
public on matters related to this Protocol.

Article 23

Settlement of disputes

1.
If a dispute arises between two or more Parties about the
interpretation or application of this Protocol, they shall seek a
solution by negotiation or by any other peaceful means of
dispute settlement acceptable to the parties to the dispute.

2. When signing, ratifying, accepting, approving or acceding
to this Protocol, or at any time thereafter, a State may declare in
writing to the Depositary that, for a dispute not resolved in
accordance with paragraph 1,
it accepts one or both of the
following means of dispute settlement as compulsory in
relation to any Party accepting the same obligation:

(a) submission of

the dispute to the International Court of

Justice;

(b) arbitration in accordance with the procedure set out

in

Annex IV.

3.
If the parties to the dispute have accepted both means of
dispute settlement referred to in paragraph 2, the dispute may
be submitted only to the International Court of Justice, unless
the parties to the dispute agree otherwise.

Article 24

Signature

This Protocol shall be open for signature at Kiev (Ukraine) from
21 to 23 May 2003 on the occasion of the fifth Ministerial
Conference ‘Environment for Europe’, and thereafter at United
Nations Headquarters in New York until 31 December 2003, by
all States which are Members of the United Nations and by
regional economic integration organisations constituted by
sovereign States Members of
the United Nations to which
their Member States have transferred competence over matters
governed by this Protocol, including the competence to enter
into treaties in respect of these matters.

Article 25

Depositary

The Secretary-General of the United Nations shall act as the
Depositary of this Protocol.

Article 26

Ratification, acceptance, approval and accession

1.
This Protocol shall be subject to ratification, acceptance or
approval by signatory States and regional economic integration
organisations referred to in Article 24.

This Protocol shall be open for accession as from 1
2.
January 2004 by the States and regional economic integration
organisations referred to in Article 24.

3.
Any regional economic integration organisation referred
to in Article 24 which becomes a Party without any of its
Member States being a Party shall be bound by all the obli-
gations under this Protocol. If one or more Member States of
such an organisation is a Party, the organisation and its Member
States shall decide on their respective responsibilities for the
performance of their obligations under this Protocol. In such
cases, the organisation and the Member States shall not be
entitled to concurrently exercise rights under this Protocol.

L 32/66

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Official Journal of the European Union

4.2.2006

In their instruments of ratification, acceptance, approval or
4.
the regional economic integration organisations
accession,
their
referred to in Article 24 shall declare the extent of
competence with respect
to the matters governed by this
Protocol. These organisations shall also inform the Depositary
of
their
competence.

any substantial modifications

extent of

to the

Article 28

Reservations

No reservations may be made to this Protocol.

Article 29

Withdrawal

Article 27

Entry into force

This Protocol shall enter into force on the 19th day after
the 16th instrument of ratification,

1.
the date of deposit of
acceptance, approval or accession.

At any time after three years from the date on which this
Protocol has come into force with respect
that
Party may withdraw from the Protocol by giving written noti-
fication to the Depositary. Any such withdrawal shall take effect
on the 19th day after the date of its receipt by the Depositary.

to a Party,

For

the purposes of paragraph 1,

2.
any instrument
deposited by a regional economic integration organisation
shall not be counted as additional to those deposited by the
States Members of such an organisation.

Article 30

Authentic texts

The original of this Protocol, of which the English, French and
Russian texts are equally authentic, shall be deposited with the
Secretary-General of the United Nations.

For each State or regional economic integration organi-
3.
sation which ratifies, accepts or approves this Protocol or
accedes thereto after the deposit of the 16th instrument of
ratification, acceptance, approval or accession,
the Protocol
into force on the 19th day after the date of
shall enter
deposit by such State or organisation of its instrument of rati-
fication, acceptance, approval or accession.

IN WITNESS WHEREOF the undersigned, being duly authorised
thereto, have signed this Protocol.

DONE at Kiev, this twenty-first day of May, two thousand and
three.

4.2.2006

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Official Journal of the European Union

L 32/67

ANNEX I

ACTIVITIES

No

1.

(a)

(b)

(c)

(d)

(e)

(f)

2.

(a)

(b)

Activity

Capacity threshold
(column 1)

Employee threshold
(column 2)

Energy sector

Mineral oil and gas refineries

Installations for gasification and liquefaction

*

*

Thermal power stations and other combustion installations

With a heat input of 50 megawatts (MW)

Coke ovens

Coal rolling mills

*

10 employees

With a capacity of 1 ton per hour

Installations for the manufacture of coal products and solid smokeless
fuel

Production and processing of metals

Metal ore (including sulphide ore) roasting or sintering installations

*

*

Installations for the production of pig iron or steel
secondary melting) including continuous casting

(primary or

With a capacity of 2,5 tons per hour

(c)

Installations for the processing of ferrous metals:

(i) hot-rolling mills

(ii) smitheries with hammers

(iii) application of protective fused metal coats

(d)

Ferrous metal foundries

(e)

Installations:

With a capacity of 20 tons of crude steel per
hour

With an energy of 50 kilojoules per hammer,
where
calorific power used exceeds
20 MW

the

With an input of 2 tons of crude steel per
hour

With a production capacity of 20 tons per
day

10 employees

(i) for the production of non-ferrous crude metals from ore, concen-
trates or secondary raw materials by metallurgical, chemical or
electrolytic processes

*

(ii) for the smelting,

including the alloying, of non-ferrous metals,

including recovered products (refining, foundry casting, etc.)

With a melting capacity of 4 tons per day for
lead and cadmium or 20 tons per day for all
other metals

10 employees

(f)

Installations for surface treatment of metals and plastic materials using
an electrolytic or chemical process

Where the volume of
equals 30 m3

the treatment vats

L 32/68

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Official Journal of the European Union

4.2.2006

No

3.

(a)

Activity

Capacity threshold
(column 1)

Employee threshold
(column 2)

Mineral industry

Underground mining and related operations

*

(b)

Opencast mining

(c)

Installations for the production of:

(i) cement clinker in rotary kilns

(ii) lime in rotary kilns

Where the surface of the area being mined
equals 25 hectares

With a production capacity of 500 tons per
day

With a production capacity exceeding 50
tons per day

(iii) cement clinker or lime in other furnaces

With a production capacity of 50 tons per
day

10 employees

(d)

(e)

(f)

(g)

Installations for the production of asbestos and the manufacture of
asbestos-based products

*

Installations for the manufacture of glass, including glass fibre

With a melting capacity of 20 tons per day

Installations for melting mineral substances, including the production
of mineral fibres

With a melting capacity of 20 tons per day

in
Installations for the manufacture of ceramic products by firing,
particular roofing tiles, bricks, refractory bricks, tiles, stoneware or
porcelain

With a production capacity of 75 tons per
day, or with a kiln capacity of 4 m3 and with
a setting density per kiln of 300 kg/m3

4.2.2006

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Official Journal of the European Union

L 32/69

Activity

Capacity threshold
(column 1)

Employee threshold
(column 2)

No

4.

(a)

Chemical industry

Chemical
basic organic chemicals, such as:

installations for the production on an industrial scale of

(i) simple hydrocarbons (linear or cyclic, saturated or unsaturated,

aliphatic or aromatic)

(ii) oxygen-containing hydrocarbons such as alcohols, aldehydes,
ketones, carboxylic acids, esters, acetates, ethers, peroxides,
epoxy resins

(iii) sulphurous hydrocarbons

(iv) nitrogenous hydrocarbons

such as amines, amides, nitrous
compounds, nitro compounds or nitrate compounds, nitriles,
cyanates, isocyanates

(v) phosphorus-containing hydrocarbons

(vi) halogenic hydrocarbons

(vii) organometallic compounds

(viii) basic plastic materials (polymers, synthetic fibres and cellulose-

based fibres)

(ix) synthetic rubbers

(x) dyes and pigments

(xi) surface-active agents and surfactants

(b)

Chemical
basic inorganic chemicals, such as:

installations for the production on an industrial scale of

(i) gases, such as ammonia, chlorine or hydrogen chloride, fluorine or
hydrogen fluoride, carbonoxides, sulphur compounds, nitrogen
oxides, hydrogen, sulphur dioxide, carbonyl chloride

(ii) acids, such as chromic acid, hydrofluoric acid, phosphoric acid,
nitric acid, hydrochloric acid, ulphuric acid, oleum, sulphurous
acids

(iii) bases,

such as ammonium hydroxide, potassium hydroxide,

sodium hydroxide

(iv) salts, such as ammonium chloride, potassiumchlorate, potassium

carbonate, sodium carbonate, perborate, silver nitrate

(v) non-metals, metal oxides or other inorganic compounds such as

calcium carbide, silicon, silicon carbide

Chemical
phosphorous-, nitrogen- or potassium-based fertilisers
compound fertilisers)

installations for the production on an industrial scale of
(simple or

Chemical
basic plant health products and of biocides

installations for the production on an industrial scale of

Installations using a chemical or biological process for the production
on an industrial scale of basic pharmaceutical products

Installations for the production on an industrial scale of explosives and
pyrotechnic products

(c)

(d)

(e)

(f)

*

*

*

*

*

*

10 employees

10 employees

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Official Journal of the European Union

4.2.2006

No

Activity

5. Waste and waste-water management

Capacity threshold
(column 1)

Employee threshold
(column 2)

(a)

(b)

(c)

(d)

(e)

the
Installations
treatment or landfilling of hazardous waste

incineration, pyrolysis,

for

recovery,

chemical

Receiving 10 tons per day

Installations for the incineration of municipal waste

With a capacity of 3 tons per hour

Installations for the disposal of non-hazardous waste

With a capacity of 50 tons per day

Landfills (excluding landfills of inert waste)

Receiving 10 tons per day or with a total
capacity of 25 000 tons

10 employees

Installations for the disposal or recycling of animal carcasses and
animal waste

With a treatment capacity of 10 tons per day

(f)

Municipal waste-water treatment plants

With a capacity of 100 000 population
equivalents

(g)

6.

(a)

(b)

(c)

7.

(a)

Independently operated industrial waste-water treatment plants which
serve one or more activities of this Annex

With a capacity of 10 000 m3 per day

Paper and wood production and processing

Industrial plants for the production of pulp from timber or similar
fibrous materials

*

Industrial plants for the production of paper and board and other
primary wood products (such as chipboard, fibreboard and plywood)

With a production capacity of 20 tons per
day

10 employees

Industrial plants for the preservation of wood and wood products with
chemicals

With a production capacity of 50 m3 per day

Intensive livestock production and aquaculture

Installations for the intensive rearing of poultry or pigs

(i) With 40 000 places for poultry

(ii) With 2 000 places for production pigs

(over 30 kg)

10 employees

(iii) With 750 places for sows

(b)

Intensive aquaculture

1 000 tons of fish and shellfish per year

10 employees

Animal and vegetable products from the food and beverage sector

Slaughterhouses

With a carcase production capacity of 50
tons per day

8.

(a)

(b)

Treatment and processing intended for the production of food and
beverage products from:

(i) Animal raw materials (other than milk)

(ii) Vegetable raw materials

(c)

Treatment and processing of milk

With a finished product production capacity
of 75 tons per day

10 employees

With a finished product production capacity
of 300 tons per day (average value on a
quarterly basis)

With a capacity to receive 200 tons of milk
per day (average value on an annual basis)

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Official Journal of the European Union

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No

9.

(a)

Activity

Capacity threshold
(column 1)

Employee threshold
(column 2)

Other activities

Plants for the pretreatment (operations such as washing, bleaching,
mercerisation) or dyeing of fibres or textiles

With a treatment capacity of 10 tons per day

(b)

Plants for the tanning of hides and skins

With a treatment capacity of 12 tons of
finished product per day

(c)

(d)

(e)

the surface treatment of

for

Installations
products using organic solvents,
coating, degreasing, waterproofing,
impregnating

substances, objects or
in particular for dressing, printing,
cleaning or

sizing, painting,

With a consumption capacity of 150 kg per
hour or 200 tons per year

10 employees

Installations for the production of carbon (hard-burnt coal) or electro-
graphite by means of incineration or graphitisation

*

Installations for the building of, and painting or removal of paint from
ships

With a capacity for ships 100 m long

Explanatory notes:

Column 1 contains the capacity thresholds referred to in Article 7 (1)(a).

An asterisk (*) indicates that no capacity threshold is applicable (all facilities are subject to reporting).

Column 2 contains the employee threshold referred to in Article 7(1)(b).

‘10 employees’ means the equivalent of 10 full-time employees.

L 32/72

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Official Journal of the European Union

4.2.2006

ANNEX II

POLLUTANTS

No

CAS number

Pollutant

Threshold for releases
(column 1)

to air
(column 1a)

to water
(column 1b)

to land
(column 1c)

Threshold for
off-site transfers
of pollutants
(column 2)

Manufacture,
process or use
threshold
(column 3)

74-82-8

Methane (CH4)

630-08-0

Carbon monoxide (CO)

kg/year

100 000

500 000

124-38-9

Carbon dioxide (CO2)

100 million

Hydro-fluorocarbons (HFCs)

10024-97-2 Nitrous oxide (N2O)

7664-41-7

Ammonia (NH3)

100

10 000

10 000

Non-methane
compounds (NMVOC)

volatile

organic

100 000

Nitrogen oxides (NOx/NO2)

100 000

Perfluorocarbons (PFCs)

2551-62-4

Sulphur hexafluoride (SF6)

Sulphur oxides (SOx/SO2)

Total nitrogen

Total phosphorus

Hydrochlorofluorocarbons (HCFCs)

Chlorofluorocarbons (CFCs)

Halons

7440-38-2

Arsenic and compounds (as As)

7440-43-9

Cadmium and compounds (as Cd)

7440-47-3

Chromium and compounds (as Cr)

7440-50-8

Copper and compounds (as Cu)

7439-97-6

Mercury and compounds (as Hg)

7440-02-0

Nickel and compounds (as Ni)

7439-92-1

Lead and compounds (as Pb)

7440-66-6

Zinc and compounds (as Zn)

15972-60-8 Alachlor

309-00-2

Aldrin

1912-24-9

Atrazine

57-74-9

Chlordane

143-50-0

Chlordecone

470-90-6

Chlorfenvinphos

85535-84-8 Chloro-alkanes, C10-C13

2921-88-2

Chlorpyrifos

50-29-3

DDT

107-06-2

1,2-dichloroethane (EDC)

75-09-2

Dichloromethane (DCM)

100

50

150 000

-

-

1

1

1

20

10

100

100

10

50

200

200

-

1

-

1

1

-

-

-

1

1 000

1 000

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

32

33

34

35

kg/year

kg/year

kg/year

kg/year

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

-

50 000

5 000

50 000

5 000

10 000

10 000

-

-

-

5

5

50

50

1

20

20

-

-

-

5

5

50

50

1

20

20

100

100

100

50

5

200

500

5

500

50

100

100

1 000

1

1

1

1

1

1

1

1

1

10

10

1

1

1

1

1

1

1

1

1

10

10

5

1

5

1

1

5

10

5

1

100

100

*

*

*

*

*

10 000

*

*

*

*

*

10 000

10 000

10 000

10 000

10 000

50

5

10 000

10 000

5

10 000

50

10 000

10 000

1

10 000

1

1

10 000

10 000

10 000

1

10 000

10 000

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Official Journal of the European Union

L 32/73

PCDD + PCDF (dioxins + furans) (as
Teq)

0,001

0,001

0,001

0,001

0,001

No

CAS number

Pollutant

36

37

38

39

40

41

42

43

44

45

46

47

48

49

50

51

52

53

54

55

56

57

58

59

60

61

62

63

64

60-57-1

Dieldrin

330-54-1

Diuron

115-29-7

Endosulphan

72-20-8

Endrin

Halogenated organic compounds (as
AOX)

76-44-8

Heptachlor

118-74-1

Hexachlorobenzene (HCB)

87-68-3

Hexachlorobutadiene (HCBD)

608-73-1

1,2,3,4,5,6-hexachlorocyclohexane
(HCH)

58-89-9

Lindane

2385-85-5

Mirex

608-93-5

Pentachlorobenzene

87-86-5

Pentachlorophenol (PCP)

1336-36-3

Polychlorinated biphenyls (PCBs)

122-34-9

Simazine

127-18-4

Tetrachloroethylene (PER)

56-23-5

Tetrachloromethane (TCM)

12002-48-1

Trichlorobenzenes (TCBs)

71-55-6

1,1,1-trichloroethane

79-34-5

1,1,2,2-tetrachloroethane

79-01-6

Trichloroethylene

67-66-3

Trichloromethane

8001-35-2

Toxaphene

75-01-4

Vinyl chloride

120-12-7

Anthracene

71-43-2

Benzene

Brominated diphenylethers (PBDE)

Nonylphenol
and related substances

ethoxylates

(NP/NPEs)

65

100-41-4

Ethyl benzene

66

67

68

69

75-21-8

Ethylene oxide

34123-59-6

Isoproturon

91-20-3

Naphthalene

Organotin compounds (as total Sn)

Threshold for releases
(column 1)

to air
(column 1a)

to water
(column 1b)

to land
(column 1c)

Threshold for
off-site transfers
of pollutants
(column 2)

Manufacture,
process or use
threshold
(column 3)

kg/year

kg/year

kg/year

kg/year

kg/year

1

-

-

1

-

1

10

-

10

1

1

1

1

1

1

1

1

1

1

1

5

5

1

1

10 000

10 000

1

1 000

1 000

1 000

10 000

1

1

1

1

1

1

1

1

1

1

1

1

1

1

5

1

1

1

1

5

10 000

10

1

1

1

10

0,1

-

2 000

100

10

100

50

2 000

500

1

1 000

50

1 000

-

-

-

1 000

-

100

-

1

1

0,1

1

-

-

-

-

-

-

-

1

10

1

1

1

0,1

1

-

-

-

-

-

-

-

1

10

1

5

5

1

5

1 000

1 000

1 000

1 000

1 000

1 000

1 000

1

100

50

200 (as
BTEX) (a)

200 (as
BTEX) (a)

2 000 (as
BTEX) (a)

1

1

1

1

5

5

200 (as
BTEX) (a)

200 (as
BTEX) (a)

2 000 (as
BTEX) (a)

10

1

10

50

10

1

10

50

100

5

100

50

50

10 000

50

10 000

10 000

10 000

10 000

10 000

10 000

10 000

10 000

1

10 000

50

10 000

10 000

10 000

10 000

10 000

10 000

10 000

10 000

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4.2.2006

Threshold for releases
(column 1)

to air
(column 1a)

to water
(column 1b)

to land
(column 1c)

Threshold for
off-site transfers
of pollutants
(column 2)

Manufacture,
process or use
threshold
(column 3)

kg/year

kg/year

kg/year

kg/year

kg/year

No

CAS number

Pollutant

70

71

72

117-81-7

Di-(2-ethyl hexyl) phthalate (DEHP)

108-95-2

Phenols (as total C)

Polycyclic
(PAHs) (b)

aromatic

hydrocarbons

73

108-88-3

Toluene

Tributyltin and compounds

Triphenyltin and compounds

Total organic carbon (TOC) (as total C
or COD/3)

1582-09-8

Trifluralin

1330-20-7

Xylenes

Chlorides (as total Cl)

10

-

50

-

-

-

-

-

-

-

Chlorine and inorganic compounds (as
HCl)

10 000

1332-21-4

Asbestos

Cyanides (as total CN)

Fluorides (as total F)

Fluorine and inorganic compounds (as
HF)

74-90-8

Hydrogen cyanide (HCN)

Particulate matter (PM10)

1

-

-

5 000

200

50 000

74

75

76

77

78

79

80

81

82

83

84

85

86

1

20

5

1

20

5

100

200

50

200 (as
BTEX) (a)

200 (as
BTEX) (a)

2 000 (as
BTEX) (a)

1

1

50 000

1

200 (as
BTEX) (a)

1

1

-

1

5

5

-

5

200 (as
BTEX) (a)

2 000 (as
BTEX) (a)

10 000

10 000

50

10 000

10 000

10 000

**

10 000

10 000

2 million

2 million

2 million

10 000 (c)

-

1

50

-

1

50

-

10 000

10

500

10 000

10 000

2 000

2 000

10 000

10 000 (c)

-

-

-

-

-

-

-

-

-

10 000

10 000

*

Explanatory notes:

The CAS number of the pollutant means the precise identifier in Chemical Abstracts Service.
Column 1 contains the thresholds referred to in Article 7(1)(a)(i) and (iv). If the threshold in a given subcolumn (air, water or land) is exceeded,
reporting of releases or, for pollutants in waste water destined for waste-water treatment, transfers to the environmental medium referred to in that
subcolumn is required with respect to the facility in question, for those Parties which have opted for a system of reporting pursuant to Article 7(1)(a).
Column 2 contains the thresholds referred to in Article 7(1)(a)(ii). If the threshold in this column is exceeded for a given pollutant, reporting of the off-
site transfer of that pollutant is required with respect to the facility in question, for those Parties which have opted for a system of reporting pursuant to
Article 7(1)(a)(ii).
Column 3 contains the thresholds referred to in Article 7(1)(b). If the threshold in this column is exceeded for a given pollutant, reporting of the
releases and off-site transfers of that pollutant is required with respect to the facility in question, for those Parties which have opted for a system of
reporting pursuant to Article 7(1)(b).
A hyphen (-) indicates that the parameter in question does not trigger a reporting requirement.
An asterisk (*) indicates that, for this pollutant, the release threshold in column (1)(a) is to be used rather than a manufacture, process or use threshold.
A double asterisk (**) indicates that, for this pollutant, the release threshold in column (1)(b) is to be used rather than a manufacture, process or use
threshold.

Footnotes:
(a) Single pollutants are to be reported if the threshold for BTEX (the sum parameter of benzene, toluene, ethyl benzene, xylene) is exceeded.
(b) Polycyclic aromatic hydrocarbons (PAHs) are to be measured as benzo(a)pyrene (50-32-8), benzo(b)fluoranthene (205-99-2), benzo(k)fluoranthene (207-08-9),

indeno(1,2,3-cd)pyrene (193-39-5) (derived from the Protocol on Persistent Organic Pollutants to the Convention on Long-range Transboundary Air Pollution).

(c) As inorganic compounds.

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L 32/75

ANNEX III

PART A

DISPOSAL OPERATIONS (D)

— Deposit into or onto land (e.g. landfill)

— Land treatment (e.g. biodegradation of liquid or sludgy discards in soils)

— Deep injection (e.g. injection of pumpable discards into wells, salt domes of naturally occurring repositories)

— Surface impoundment (e.g. placement of liquid or sludge discards into pits, ponds or lagoons)

— Specially engineered landfill (e.g. placement into lined discrete cells which are capped and isolated from one another

and the environment)

— Release into a water body except seas/oceans

— Release into seas/oceans including seabed insertion

— Biological treatment not specified elsewhere in this Annex which results in final compounds or mixtures which are

discarded by means of any of the operations specified in this part

— Physico-chemical treatment not specified elsewhere in this Annex which results in final compounds or mixtures which
are discarded by means of any of the operations specified in this part (e.g. evaporation, drying, calcination, neutral-
isation, precipitation)

— Incineration on land

— Incineration at sea

— Permanent storage (e.g. emplacement of containers in a mine)

— Blending or mixing prior to submission to any of the operations specified in this part

— Repackaging prior to submission to any of the operations specified in this part

— Storage pending any of the operations specified in this part

PART B

RECOVERY OPERATIONS (R)

— Use as a fuel (other than in direct incineration) or other means to generate energy

— Solvent reclamation/regeneration

— Recycling/reclamation of organic substances which are not used as solvents

— Recycling/reclamation of metals and metal compounds

— Recycling/reclamation of other inorganic materials

— Regeneration of acids or bases

— Recovery of components used for pollution abatement

— Recovery of components from catalysts

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— Used oil re-refining or other reuses of previously used oil

— Land treatment resulting in benefit to agriculture or ecological improvement

— Uses of residual materials obtained from any of the recovery operations specified above in this part

— Exchange of wastes for submission to any of the recovery operations specified above in this part

— Accumulation of material intended for any operation specified in this part

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L 32/77

ANNEX IV

ARBITRATION

1. In the event of a dispute being submitted for arbitration pursuant to Article 23(2), of this Protocol, a party or parties
shall notify the other party or parties to the dispute by diplomatic means as well as the secretariat of the subject
matter of arbitration and indicate, in particular, the Articles of this Protocol whose interpretation or application is at
issue. The secretariat shall forward the information received to all Parties to this Protocol.

2. The arbitral tribunal shall consist of three members. Both the claimant party or parties and the other party or parties
to the dispute shall appoint an arbitrator, and the two arbitrators so appointed shall designate by common agreement
the third arbitrator, who shall be the president of the arbitral tribunal. The latter shall not be a national of one of the
parties to the dispute, nor have his or her usual place of residence in the territory of one of these parties, nor be
employed by any of them, nor have dealt with the case in any other capacity.

3. If the president of the arbitral tribunal has not been designated within two months of the appointment of the second
arbitrator, the Executive Secretary of the Economic Commission for Europe shall, at the request of either party to the
dispute, designate the president within a further two-month period.

4. If one of the parties to the dispute does not appoint an arbitrator within two months of the notification referred to
in paragraph 1, the other party may so inform the Executive Secretary of the Economic Commission for Europe, who
shall designate the president of the arbitral tribunal within a further two-month period. Upon designation, the
president of the arbitral tribunal shall request the party which has not appointed an arbitrator to do so within
two months. If it fails to do so within that period, the president shall so inform the Executive Secretary of the
Economic Commission for Europe, who shall make this appointment within a further two-month period.

5. The arbitral tribunal shall render its decision in accordance with international law and the provisions of this Protocol.

6. Any arbitral tribunal constituted under the provisions set out in this Annex shall draw up its own rules of procedure.

7. The decisions of the arbitral tribunal, both on procedure and on substance, shall be taken by majority vote of its

members.

8. The tribunal may take all appropriate measures to establish the facts.

9. The parties to the dispute shall facilitate the work of the arbitral tribunal and, in particular, using all means at their

disposal, shall:

(a) provide it with all relevant documents, facilities and information;

(b) enable it, where necessary, to call witnesses or experts and receive their evidence.

10. The parties and the arbitrators shall protect the confidentiality of any information that they receive in confidence

during the proceedings of the arbitral tribunal.

11. The arbitral tribunal may, at the request of one of the parties, recommend interim measures of protection.

12. If one of the parties to the dispute does not appear before the arbitral tribunal or fails to defend its case, the other
party may request the tribunal to continue the proceedings and to render its final decision. Absence of a party or
failure of a party to defend its case shall not constitute a bar to the proceedings. Before rendering its final decision,
the arbitral tribunal must satisfy itself that the claim is well founded in fact and law.

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13. The arbitral tribunal may hear and determine counterclaims arising directly out of the subject matter of the dispute.

14. Unless the arbitral tribunal determines otherwise because of the particular circumstances of the case, the expenses of
the tribunal, including the remuneration of its members, shall be borne by the parties to the dispute in equal shares.
its expenses, and shall furnish a final statement thereof to the parties.
The tribunal shall keep a record of all

15. Any Party to this Protocol which has an interest of a legal nature in the subject matter of the dispute, and which may

be affected by a decision in the case, may intervene in the proceedings with the consent of the tribunal.

16. The arbitral tribunal shall render its award within five months of the date on which it is established, unless it finds it

necessary to extend the time-limit for a period which should not exceed five months.

17. The award of the arbitral tribunal shall be accompanied by a statement of reasons. It shall be final and binding upon
all parties to the dispute. The award will be transmitted by the arbitral tribunal to the parties to the dispute and to
the secretariat. The secretariat will forward the information received to all Parties to this Protocol.

18. Any dispute which may arise between the parties concerning the interpretation or execution of the award may be
submitted by either party to the arbitral tribunal which made the award or, if the latter cannot be seized thereof, to
another tribunal constituted for this purpose in the same manner as the first.

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L 32/79

ANNEX B

Declaration by the European Community in accordance with Article 26(4) of the UN-ECE Protocol on Pollutant
Release and Transfer Registers

The European Community declares that, in accordance with the Treaty establishing the European Community, and in
particular Article 175(1) thereof, it is competent for entering into international agreements, and for implementing the
obligations resulting therefrom, which contribute to the pursuit of the following objectives:

— preserving, protecting and improving the quality of the environment,

— protecting human health,

— prudent and rational utilisation of natural resources,

— promoting measures at international level to deal with regional or worldwide environmental problems.

Pollutant release and transfer registers are appropriate tools for encouraging improvements in environmental performance,
for providing public access to information on pollutants released, and for use by competent authorities in tracking trends,
demonstrating progress in pollution reduction, supporting compliance monitoring and evaluating progress, thereby
contributing to the achievement of the abovementioned objectives.

Moreover, the European Community declares that it has already adopted legislation, binding on its Member States,
covering matters governed by this Protocol and will submit and update, as appropriate, a list of that legislation in
accordance with Article 26(4) of the Protocol.

The European Community is responsible for the performance of those obligations resulting from the Protocol which are
covered by Community law in force.

The exercise of Community competence is, by its nature, subject to continuous development.