CELEX: 52014PC0750
Language: en
Date: 2015-01-09
Title: Proposal for a COUNCIL DECISION on the acceptance of the Amendment to the 1998 Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution on Heavy Metals.

EUROPEAN
                           COMMISSION
                                                 Brussels, 9.1.2015
                                                 COM(2014) 750 final
                                                 ANNEX 1
                                        ANNEX
                                      attachment
                                 to the Proposal for a
                                   Council Decision
   on the acceptance of the Amendment to the 1998 Protocol to the 1979 Convention on
               Long-Range Transboundary Air Pollution on Heavy Metals
EN                                                                                   EN
 ---pagebreak---                                                   ANNEX
                                                attachment
                                           to the Proposal for a
                                             Council Decision
        on the acceptance of the Amendment to the 1998 Protocol to the 1979 Convention on
                     Long-Range Transboundary Air Pollution on Heavy Metals
     Decision 2012/51
     Amendment of the text of and annexes other than III and VII to the 1998
     Protocol on Heavy Metals
     Article 1
     Amendment
             The Parties to the 1998 Protocol on Heavy Metals meeting within the thirty-first
     session of the Executive Body,
             Decide to amend the 1998 Protocol on Heavy Metals to the Convention on Long-range
     Transboundary Air Pollution as set out in the annex to this decision.
     Article 2
     Relationship to the Protocol
     No State or regional economic integration organization may deposit an instrument of
     acceptance of this amendment unless it has previously, or simultaneously, deposited an
     instrument of ratification, acceptance or approval of or accession to the Protocol.
     Article 3
     Entry into force
     In accordance with article 13, paragraph 3, of the Protocol, this amendment shall enter into
     force on the ninetieth day after the date on which two thirds of the Parties to the Protocol have
     deposited with the Depositary their instruments of acceptance thereof.
     Annex
     Amendments to the 1998 Protocol on Heavy Metals
  (a) Article 1
     1.      In paragraph 10 the words “of: (i) this Protocol; or (ii) an amendment to annex I or II,
     where the stationary source becomes subject to the provisions of this Protocol only by virtue
     of that amendment” are replaced by the words “for a Party of the present Protocol. A Party
     may decide not to treat as a new stationary source any stationary source for which approval
     has already been given by the appropriate competent national authority at the time of entry
     into force of the Protocol for that Party and provided that the construction or substantial
     modification is commenced within five years of that date”.
     2.      A new paragraph 12 is added after paragraph 11 as follows:
     1
             ECE/EB.AIR/113/Add.1
EN                                                   2                                                 EN
 ---pagebreak---              12.     The terms “this Protocol”, “the Protocol” and “the present Protocol” mean the
             1998 Protocol on Heavy Metals, as amended from time to time.
  (b) Article 3
     3.      In paragraph 2, the word “Each” is replaced by the words “Subject to paragraphs
     2 bis and 2 ter, each”.
     4.      In paragraph 2 (a) the words “for which annex III identifies best available techniques”
     are replaced by the words “for which guidance adopted by the Parties at a session of the
     Executive Body identifies best available techniques”.
     5.      In paragraph 2 (c) the words “for which annex III identifies best available techniques”
     are replaced by the words “for which guidance adopted by the Parties at a session of the
     Executive Body identifies best available techniques”.
     6.      New paragraphs 2 bis and 2 ter are inserted after paragraph 2 as follows:
             2 bis. A Party that was already a Party to the present Protocol prior to the entry into
             force of an amendment that introduces new source categories may apply the limit
             values applicable to an “existing stationary source” to any source in such a new
             category the construction or substantial modification of which is commenced before
             the expiry of two years from the date of entry into force of that amendment for that
             Party, unless and until that source later undergoes substantial modification.
             2 ter. A Party that was already a Party to the present Protocol prior to the entry into
             force of an amendment that introduces new limit values applicable to a “new
             stationary source” may continue to apply the previously applicable limit values to any
             source the construction or substantial modification of which is commenced before the
             expiry of two years from the date of entry into force of that amendment for that Party,
             unless and until that source later undergoes substantial modification.
     7.      In paragraph 5:
             (a)     The words “, for those Parties within 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” are deleted and replaced by a full stop “.”.
             (b)     The following text is added after the first sentence:
             Parties within the geographic scope of EMEP shall use the methodologies specified in
             guidelines prepared by the Steering Body of EMEP and adopted by the Parties at a
             session of the Executive Body. Parties in areas outside the geographic scope of EMEP
             shall use as guidance the methodologies developed through the workplan of the
             Executive Body.
     8.      A new paragraph 8 is added at the end of article 3, as follows:
             8.      Each Party should actively participate in programmes under the Convention on
             the effects of air pollution on human health and the environment and programmes on
             atmospheric monitoring and modelling.
EN                                                    3                                              EN
 ---pagebreak---   (c) Article 3 bis
     9.      A new article 3 bis is added as follows:
             Article 3 bis
             Flexible transitional arrangements
             1.       Notwithstanding article 3, paragraphs 2 (c) and 2 (d), a Party to the Convention
             that becomes a Party to the present Protocol between 1 January 2014 and 31
             December 2019 may apply flexible transitional arrangements for the implementation
             of best available techniques and limit values to existing stationary sources in specific
             stationary source categories under the conditions specified in this article.
             2.       Any Party electing to apply the flexible transitional arrangements under this
             article shall indicate in its instrument of ratification, acceptance, approval or accession
             to the present Protocol the following:
                      (a)     The specific stationary source categories listed in annex II for which
             the Party is electing to apply flexible transitional arrangements, provided that no more
             than four such categories may be listed;
                      (b)     Stationary sources for which construction or the last substantial
             modification commenced prior to 1990 or an alternative year of the period 1985–1995
             inclusive, specified by a Party upon ratification, acceptance, approval or accession,
             which are eligible for flexible transitional arrangements as set out in paragraph 5; and
                      (c)     An implementation plan consistent with paragraphs 3 and 4 identifying
             a timetable for full implementation of the specified provisions.
             3.       A Party shall, as a minimum, apply best available techniques for existing
             stationary sources in categories 1, 2, 5 and 7 of annex II no later than eight years after
             the entry into force of the present Protocol for the Party, or 31 December 2022,
             whichever is sooner, except as provided in paragraph 5.
             4.       In no case may a Party’s application of best available techniques or limit
             values for any existing stationary sources be postponed past 31 December 2030.
             5.       With respect to any source or sources indicated pursuant to paragraph 2 (b), a
             Party may decide, no later than eight years after entry into force of the present
             Protocol for the Party, or 31 December 2022, whichever is sooner, that such source or
             sources will be closed down. A list of such sources shall be provided as part of the
             Party’s next report pursuant to paragraph 6. Requirements for application of best
             available techniques and limit values will not apply to any such source or sources,
             provided the source or sources are closed down no later than 31 December 2030. For
             any such source or sources not closed down as of that date, a Party must thereafter
             apply the best available techniques and limit values applicable to new sources in the
             applicable source category.
             6.       A Party electing to apply the flexible transitional arrangements under this
             article shall provide the Executive Secretary of the Commission with triennial reports
             of its progress towards implementation of best available techniques and limit
EN                                                     4                                                 EN
 ---pagebreak---             values to the stationary sources in the stationary source categories identified pursuant
            to this article. The Executive Secretary of the Commission will make such triennial
            reports available to the Executive Body.
  (d) Article 7
     10.    In paragraph 1 (a):
            (a)      The semi-colon at the end of the paragraph “;” is replaced by “. Moreover:”;
     and
            (b)      New subparagraphs (i) and (ii) are inserted as follows:
                     (i)     Where a Party applies different emission reduction strategies under
                     article 3 paragraphs 2 (b), (c) or (d), it shall document the strategies applied
                     and its compliance with the requirements of those paragraphs;
                     (ii)    Where a Party judges the application of certain limit values, as
                     specified in accordance with article 3, paragraph 2 (d), not to be technically
                     and economically feasible, it shall report and justify this;
     11.    For paragraph 1 (b) there is substituted the following:
                     (b)     Each Party within the geographical scope of EMEP shall report to
            EMEP, through the Executive Secretary of the Commission, information on the levels
            of emissions of heavy metals listed in annex I, using the methodologies specified in
            guidelines prepared by the Steering Body of EMEP and adopted by the Parties at a
            session of the Executive Body. Parties in areas outside the geographical scope of
            EMEP shall report available information on levels of emissions of the heavy metals
            listed in annex I. Each Party shall also provide information on the levels of emissions
            of the substances listed in annex I for the reference year specified in that annex;
     12.    New paragraphs are added after paragraph 1 (b) as follows:
                     (c)     Each Party within the geographical scope of EMEP should report
            available information to the Executive Body, through the Executive Secretary of the
            Commission, on its air pollution effects programmes on human health and the
            environment and atmospheric monitoring and modelling programmes under the
            Convention using guidelines adopted by the Executive Body;
                     (d)     Parties in areas outside the geographical scope of EMEP should make
            available information similar to that specified in subparagraph (c), if requested to do
            so by the Executive Body.
     13.    In paragraph 3:
            (a)      The words “In good time before each annual session of” are replaced by
     “Upon the request of and in accordance with timescales decided by”;
            (b)      The words “and other subsidiary bodies” are inserted after the word “EMEP”;
            (c)      The word “relevant” is inserted after the word “provide”.
EN                                                    5                                               EN
 ---pagebreak---   (e) Article 8
      14.     The words “EMEP shall, using appropriate models and measurements and in good
      time before each annual session of the Executive Body” are replaced by “Upon the request of
      and in accordance with timescales decided by the Executive Body, EMEP and its technical
      bodies and centres shall, using appropriate models and measurements,”.
  (f) Article 10
      15.     In paragraph 4:
              (a)     The word “consider” is inserted after the word “shall”;
              (b)     The word “develop” is replaced by the word “developing”;
              (c)     The words “to reduce emissions into the atmosphere of the heavy metals listed
         in annex I” are deleted.
  (g) Article 13
      16.     In paragraph 3:
              (a)     The words “and to annexes I, II, IV, V and VI” are replaced by the words
         “other than to annexes III and VII”;
              (b)     The words “on which two thirds of the Parties” are replaced by the words “on
         which two thirds of those that were Parties at the time of their adoption”
      17.     In paragraph 4 the word “ninety” is replaced by the figure “180”.
      18.     In paragraph 5 the word “ninety” is replaced by the figure “180”.
      19.     New paragraphs 5 bis and 5 ter are inserted after paragraph 5 as follows:
              5 bis. For those Parties having accepted it, the procedure set out in paragraph 5 ter
              supersedes the procedure set out in paragraph 3 in respect of amendments to annexes
              II, IV, V and VI.
              5 ter. Amendments to annexes II, IV, V and VI shall be adopted by consensus of the
              Parties present at a session of the Executive Body. On the expiry of one year 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
              subparagraph (a):
                      (a)    Any Party that is unable to approve an amendment to annexes II, IV, V
              and VI shall so notify the Depositary in writing within one year from the date of the
              communication of its adoption. The Depositary shall without delay notify all Parties of
              any such notification received. A Party may at any time substitute an acceptance for its
              previous notification and, upon deposit of an instrument of acceptance with the
              Depositary, the amendment to such an annex shall become effective for that Party;
                      (b)    Any amendment to annexes II, IV, V and VI shall not enter into force if
              an aggregate number of 16 or more Parties have either:
                      (i)    Submitted a notification in accordance with the provisions of
                      subparagraph (a); or
EN                                                    6                                                EN
 ---pagebreak---                      (ii)    Not accepted the procedure set out in this paragraph and not yet
                     deposited an instrument of acceptance in accordance with the provisions of
                     paragraph 3.
  (h) Article 15
      20.    A new paragraph 3 is added after paragraph 2 as follows:
             3.      A State or regional economic integration organization shall declare in its
             instrument of ratification, acceptance, approval or accession if it does not intend to be
             bound by the procedures set out in article 13, paragraph 5 ter, as regards the
             amendment of annexes II, IV, V and VI.
  (i) Annex II
      21.    In the table under subheading II, the words “lead and zinc” in the first line under the
      description of category 5 are replaced with the words “lead, zinc and silico- and ferro-
      manganese alloys”.
  (j) Annex IV
      22.    The number “1.” is added in front of the first paragraph.
      23.    In subparagraph (a), the words “for a Party” are inserted after the word “Protocol”.
      24.    In subparagraph (b):
             (a)     In the first sentence the word “eight” is replaced by the word “two”.
             (b)     At the end of the first sentence, the words “for a Party or 31 December 2020,
      whichever is the later” are inserted after the word “Protocol”.
             (c)     The last sentence is deleted.
      25.    At the end of the annex new paragraphs 2 and 3 are inserted as follows:
             2.      Notwithstanding paragraph 1, but subject to paragraph 3, a Party to the
             Convention that becomes a Party to the present Protocol between 1 January 2014, and
             31 December 2019, may declare upon ratification, acceptance, approval of, or
             accession to, the present Protocol that it will extend the timescales for application of
             the limit values referred to in article 3, paragraph 2 (d) up to 15 years after the date of
             entry into force of the present Protocol for the Party in question.
             3.      A Party that has made an election pursuant to article 3 bis of the present
             Protocol with respect to a particular stationary source category may not also make a
             declaration pursuant to paragraph 2 applicable to the same source category.
EN                                                     7                                                 EN
 ---pagebreak---   (k) Annex V
     26.   For Annex V the following text is substituted:
           Annex V
           Limit values for controlling emissions from major stationary sources
           1.      Two types of limit value are important for heavy metal emission control:
                   (a)     Values for specific heavy metals or groups of heavy metals; and
                   (b)     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 matter limit values are of great practical
           importance and are also laid down in this annex in most cases to complement specific
           limit values for cadmium or lead or mercury.
           3.      Section A applies to Parties other than the United States of America. Section B
           applies to the United States of America.
     A.    Parties other than the United States of America
           4.      In this section only, “dust” means the mass of particles, of any shape, structure
           or density, dispersed in the gas phase at the sampling point conditions which may be
           collected by filtration under specified conditions after representative sampling of the
           gas to be analysed, and which remain upstream of the filter and on the filter after
           drying under specified conditions.
           5.      For the purpose of this section, “emission limit value” (ELV) or “limit value”
           means the quantity of dust and specific heavy metals under this Protocol contained in
           the waste gases from an installation that is not to be exceeded. Unless otherwise
           specified, it shall be calculated in terms of mass of pollutant per volume of the waste
           gases (expressed as mg/m3), assuming standard conditions for temperature and
           pressure for dry gas (volume at 273.15 K, 101.3 kPa). With regard to the oxygen
           content of the waste gas, the values given for selected major stationary source
           categories shall apply. Dilution for the purpose of lowering concentrations of
           pollutants in waste gases is not permitted. Start-up, shutdown and maintenance of
           equipment are excluded.
           6.      Emissions shall be monitored in all cases via measurements or through
           calculations achieving at least the same accuracy. Compliance with limit values shall
           be verified through continuous or discontinuous measurements, or any other
           technically sound method including verified calculation methods. Measurements of
           relevant heavy metals shall be made at least once every three years for each
EN                                                  8                                                 EN
 ---pagebreak---              industrial source. Guidance documents on the methods for undertaking measurements
             and calculations adopted by the Parties at the session of the Executive Body shall be
             taken into account. In case of continuous measurements, compliance with the limit
             value is achieved if the validated monthly emission average does not exceed the ELV.
             In case of discontinuous measurements or other appropriate determination or
             calculation procedures, compliance with the ELVs is achieved if the mean value based
             on an appropriate number of measurements under representative conditions does not
             exceed the value of the emission standard. The inaccuracy of the measurement
             methods may be taken into account for verification purposes. Indirect monitoring of
             substances is also possible via sum parameters/ cumulative parameters (e.g., dust as a
             sum parameter for heavy metals). In some cases using a certain technique to treat
             emissions can assure a value/limit value is maintained or met.
             7.        Monitoring of relevant polluting substances and measurements of process
             parameters, as well as the quality assurance of automated measuring systems and the
             reference measurements to calibrate those systems, shall be carried out in accordance
             with CEN standards. If CEN standards are not available, ISO standards, national
             standards or international standards which will ensure the provisions of data of an
             equivalent scientific quality shall apply.
             Combustion plants (boilers and process heaters) with a rated thermal input
             exceeding 50 MWth2 (annex II, category 1)
             8.        Limit values for dust emissions for combustion of solid and liquid fuels, other
             than biomass and peat:3
   2
     The rated thermal input of the combustion plant is calculated as the sum of the input of all units connected to a
     common stack. Individual units below 15 MWth shall not be considered when calculating the total rated
     thermal input.
   3
     In particular, the ELVs shall not apply to:
             – Plants using biomass and peat as their only fuel source– Plants in which the products of combustion
             are used for direct heating, drying, or any other treatment of objects or materials;
             – Post-combustion plants designed to purify the waste gases by combustion which are not operated as
             independent combustion plants;
             – Facilities for the regeneration of catalytic cracking catalysts;
             – Facilities for the conversion of hydrogen sulphide into sulphur;
             – Reactors used in the chemical industry;
             – Coke battery furnaces;
             – Cowpers;
             – Recovery boilers within installations for the production of pulp;
             – Waste incinerators; and
             – Plants powered by diesel, petrol or gas engines or by combustion turbines, irrespective of the fuel
             used.
EN                                                             9                                                       EN
 ---pagebreak---    Table 1
   Fuel type          Thermal input (MWth)  ELV for dust (mg/m³)a
                                            New plants:
   Solid fuels        50–100
                                            20 (coal, lignite and other solid fuels)
                                            Existing plants:
                                            30 (coal, lignite and other solid fuels)
                                            New plants:
                      100–300
                                            20 (coal, lignite and other solid fuels)
                                            Existing plants:
                                            25 (coal, lignite and other solid fuels)
                      >300                  New plants:
                                            10 (coal, lignite and other solid fuels)
                                            Existing plants:
                                            20 (coal, lignite and other solid fuels)
   Liquid fuels       50–100                New plants:
                                            20
                                            Existing plants:
                                            30 (in general)
                                            50 for the firing of distillation and conversion
                                            residues within refineries from the refining of
                                            crude oil for own consumption in combustion
                                            plants
   Liquid fuels       100–300               New plants:
                                            20
                                            Existing plants:
                                            25 (in general)
                                            50 for the firing of distillation and conversion
                                            residues within refineries from the refining of
                                            crude oil for own consumption in combustion
                                            plants
                      >300                  New plants:
                                            10
                                            Existing plants:
                                            20 (in general)
                                            50 for the firing of distillation and conversion
                                            residues within refineries from the refining of
                                            crude oil for own consumption in combustion
                                            plants
    a
      Limit values refer to an oxygen content of 6% for solid fuels and 3% for liquid
    fuels.
EN                                     10                                                    EN
 ---pagebreak---    9.       Special provisions for combustion plants referred to in paragraph 8:
            (a)     A Party may derogate from the obligation to comply with the ELVs
   provided for in paragraph 8 in the following cases:
            (i)     For combustion plants normally using gaseous fuel which have to
            resort exceptionally to the use of other fuels because of a sudden interruption
            in the supply of gas and for this reason would need to be equipped with a waste
            gas purification facility;
            (ii)    For existing combustion plants not operated more than 17,500
            operating hours, starting from 1 January 2016 and ending no later than 31
            December 2023;
            (b)     Where a combustion plant is extended by at least 50 MWth, the ELV
   specified in paragraph 8 for new installations shall apply to the extensional part
   affected by the change. The ELV is calculated as an average weighted by the actual
   thermal input for both the existing and the new part of the plant;
            (c)     Parties shall ensure that provisions are made for procedures relating to
   malfunction or breakdown of the abatement equipment;
            (d)     In the case of a multi-fuel firing combustion plant involving the
   simultaneous use of two or more fuels, the ELV shall be determined as the weighted
   average of the ELVs for the individual fuels, on the basis of the thermal input
   delivered by each fuel.
   Primary and secondary iron and steel industry (annex II, category 2 and 3)
   10.      Limit values for dust emissions:
   Table 2
   Activity                                    ELV for dust (mg/m³)
   Sinter plant                                50
   Pelletization plant                         20 for crushing, grinding and drying
                                               15 for all other process steps
   Blast furnace: hot stoves                   10
   Basic oxygen steelmaking and casting        30
   Electric steelmaking and casting            15 (existing)
                                               5 (new)
EN                                          11                                               EN
 ---pagebreak---    Iron foundries (annex II, category 4)
   11.      Limit values for dust emissions for iron foundries:
   Table 3
   Activity                                  ELV for dust (mg/m³)
   Iron foundries: all furnaces (cupola, 20
   induction, rotary); all mouldings (lost,
   permanent)
   Hot rolling                               20
                                             50 where a bag filter cannot be applied due to the
                                             presence of wet fumes
   Production and processing of copper, zinc and silico- and ferro- manganese
   alloys, including Imperial Smelting furnaces (annex II, categories 5 and 6)
   12.      Limit value for dust emissions for copper, zinc and silico- and ferro-
   manganese alloys production and processing:
   Table 4
                                             ELV for dust (mg/m³)
   Non-ferrous    metal    production   and 20
   processing
   Production and processing of lead (annex II, categories 5 and 6)
   13.      Limit value for dust emissions for lead production and processing:
   Table 5
                                             ELV for dust (mg/m³)
   Lead production and processing            5
EN                                         12                                                   EN
 ---pagebreak---      Cement industry (annex II, category 7)
     14.      Limit values for dust emissions for cement production:
     Table 6
                                                   ELV for dust (mg/m³)a
     Cement installations, kilns, mills and 20
     clinker coolers
     Cement installations, kilns, mills and 20
     clinker coolers using co-incineration of
     waste
         a
           Limit values refer to an oxygen content of 10%.
     Glass industry (annex II, category 8)
     15.      Limit values for dust emissions for glass manufacturing:
     Table 7
                                                   ELV for dust (mg/m³)a
     New installations                             20
     Existing installations                        30
         a
           Limit values refer to an oxygen content of 8% for continuous melting and 13% for
         discontinuous melting.
     16.      Limit value for lead emissions for glass manufacturing: 5 mg/m3.
     Chlor-alkali industry (annex II, category 9)
     17.      Existing chlor-alkali plants using the mercury cell process shall convert to use
     of mercury free technology or close by 31 December 2020; during the period up until
     conversion the levels of mercury released by a plant into the air of 1 g per Mg4
     chlorine production capacity apply.
     18.      New chlor-alkali plants are to be operated mercury free.
   4
     1 Mg = 1 tonne.
EN                                              13                                             EN
 ---pagebreak---       Waste incineration (annex II, categories 10 and 11)
      19.     Limit value for dust emissions for waste incineration:
      Table 8
                                                               ELV for dust (mg/m³)a
      Municipal, non-hazardous, hazardous and medical waste 10
      incineration
         a
           Limit value refers to an oxygen content of 11%.
      20.     Limit value for mercury emissions for waste incineration: 0.05 mg/m³.
      21.     Limit value for mercury emissions for co-incineration of waste in source
      categories 1 and 7: 0.05 mg/m³.
   B. United States of America
      22.     Limit values for controlling emissions of particulate matter and/or specific
      heavy metals from stationary sources in the following stationary source categories,
      and the sources to which they apply, are specified in the following documents:
              (a)     Steel Plants: Electric Arc Furnaces — 40 C.F.R. Part 60, Subpart AA
      and Subpart AAa;
              (b)     Small Municipal Waste Combustors — 40 C.F.R. Part 60, Subpart
      AAAA;
              (c)     Glass Manufacturing — 40 C.F.R. Part 60, Subpart CC;
              (d)     Electric Utility Steam Generating Units — 40 C.F.R. Part 60, Subpart
      D and Subpart Da;
              (e)     Industrial-Commercial-Institutional Steam Generating Units — 40
      C.F.R. Part 60, Subpart Db and Subpart Dc;
              (f)     Municipal Waste Incinerators — 40 C.F.R. Part 60, Subpart E, Subpart
      Ea and Subpart Eb;
              (g)     Hospital/Medical/Infectious Waste Incinerators — 40 C.F.R. Part 60,
      Subpart Ec;
              (h)     Portland Cement — 40 C.F.R. Part 60, Subpart F;
              (i)     Secondary Lead Smelters — 40 C.F.R. Part 60, Subpart L;
              (j)     Basic Oxygen Process Furnaces — 40 C.F.R. Part 60, Subpart N;
              (k)     Basic Process Steelmaking Facilities (after 20 January 1983) — 40
      C.F.R. Part 60, Subpart Na;
              (l)     Primary Copper Smelters — 40 C.F.R. Part 60, Subpart P;
              (m)     Primary Zinc Smelters — 40 C.F.R. Part 60, Subpart Q;
              (n)     Primary Lead Smelters — 40 C.F.R. Part 60, Subpart R;
              (o)     Ferroalloy Production Facilities — 40 C.F.R. Part 60, Subpart Z;
EN                                              14                                         EN
 ---pagebreak---                (p)     Other Solid Waste Incineration Units (after 9 December 2004) — 40
       C.F.R. Part 60, Subpart EEEE;
               (q)     Secondary lead smelters — 40 C.F.R. Part 63, Subpart X;
               (r)      Hazardous waste combustors — 40 C.F.R. Part 63, Subpart EEE;
               (s)     Portland cement manufacturing — 40 C.F.R. Part 63, Subpart LLL;
               (t)     Primary copper — 40 C.F.R. Part 63, Subpart QQQ;
               (u)     Primary lead smelting — 40 C.F.R. Part 63, Subpart TTT;
               (v)     Iron and steel foundries — 40 C.F.R. Part 63, Subpart EEEEE;
               (w)     Integrated iron and steel manufacturing — 40 C.F.R. Part 63, Subpart
       FFFFF;
               (x)     Electric Arc Furnace Steelmaking Facilities — 40 C.F.R. Part 63,
       Subpart YYYYY;
               (y)     Iron and steel foundries — 40 C.F.R. Part 63, Subpart ZZZZZ;
               (z)     Primary Copper Smelting Area Sources — 40 C.F.R. Part 63, Subpart
       EEEEEE;
               (aa) Secondary Copper Smelting Area Sources — 40 C.F.R. Part 63,
       Subpart FFFFFF;
               (bb) Primary Nonferrous Metals Area Sources: Zinc, Cadmium, and
       Beryllium — 40 C.F.R. Part 63, Subpart GGGGGG;
               (cc)    Glass manufacturing (area sources) — 40 C.F.R. Part 63, Subpart
       SSSSSS;
               (dd) Secondary Nonferrous Metal Smelter (Area Sources) — 40 C.F.R. Part
       63, Subpart TTTTTT;
               (ee)    Ferroalloys Production (Area Sources) — 40 C.F.R. Part 63, Subpart
       YYYYYY;
               (ff)    Aluminum, Copper, and Nonferrous Foundries (Area Sources) — 40
       C.F.R. Part 63, Subpart ZZZZZZ;
               (gg) Standards of Performance for Coal Preparation and Processing Plants
       — 40 C.F.R. Part 60, Subpart Y;
               (hh) Industrial, Commercial, Institutional and Process Heaters — 40 C.F.R.
       Part 63, Subpart DDDDD;
               (ii)    Industrial, Commercial and Institutional Boilers (Area Sources) — 40
       C.F.R. Part 63, Subpart JJJJJJ;
               (jj) Mercury Cell Chlor-Alkali Plants — 40 C.F.R. Part 63, Subpart IIIII;
   and
EN                                             15                                           EN
 ---pagebreak---                      (kk) Standards of Performance Commercial and Industrial Solid Waste
             Incineration Units for which Construction is Commenced after November 30, 1999, or
             for which Modification or Reconstruction is Commenced on or after 1 June 2001 —
             40 C.F.R. Part 60, Subpart CCCC.
  (l) Annex VI
      27.    In paragraph 1:
             (a)     The words “Except as otherwise provided in this annex, no” are deleted and
      replaced by “No”;
             (b)     The words “six months after” are deleted;
             (c)     The words “for a Party” are added after the word “Protocol”.
      28.    Paragraph 3 is deleted.
      29.    In paragraph 4, the word “A” is replaced by the words “Notwithstanding paragraph 1,
      a”.
      30.    In paragraph 5, the following text is substituted for the chapeau prior to subparagraph
      (a):
             Each Party shall, no later than the date of entry into force of this Protocol for that
             Party, achieve concentration levels which do not exceed:
EN                                                  16                                               EN
 ---documentbreak---                            EUROPEAN
                           COMMISSION
                                                 Brussels, 9.1.2015
                                                 COM(2014) 750 final
                                                 2014/0359 (NLE)
                                    Proposal for a
                                COUNCIL DECISION
   on the acceptance of the Amendment to the 1998 Protocol to the 1979 Convention on
               Long-Range Transboundary Air Pollution on Heavy Metals.
EN                                                                                   EN
 ---pagebreak---                                     EXPLANATORY MEMORANDUM
   The 1979 Convention on Long-Range Transboundary Air Pollution (the LRTAP Convention)
   concluded under the auspices of the UN Economic Commission for Europe (UNECE) is the
   main international legal framework for cooperation and measures to limit and gradually
   reduce and prevent air pollution and its adverse effects upon human health and the
   environment in the UNECE region, with a specific focus on long-range transboundary air
   pollution.
   The LRTAP Convention was signed on behalf of the European Economic Community on 14
   November 1979 and approved by Council Decision 81/462/EEC of 11 June 19811.
   To date, the LRTAP Convention has been extended by eight Protocols, including the 1998
   Aarhus Protocol on Heavy Metals (the Protocol). This Protocol aims to reduce and control
   anthropogenic emissions into the air of lead (Pb), cadmium (Cd) and mercury (Hg), as
   harmful heavy metals subject to long-range transboundary atmospheric transport, with a view
   to further protecting human health and the environment. In this respect, it requires Parties to
   reduce their total annual emissions of lead, cadmium and mercury below their levels in 1990
   (or an alternative year between 1985 and 1995). The Protocol requires Parties to apply best
   available techniques (BAT) for defined emission source categories and sets emission limit
   values applicable to specific major stationary sources, including large combustion sources and
   waste incineration plants. Parties must develop and maintain emission inventories for Pb, Cd
   and Hg, phase out leaded petrol and reduce mercury concentration levels in alkaline batteries.
   They are also encouraged to implement product management measures for other mercury-
   containing products, including measuring devices.
   The accession of the Community to the Protocol was approved on behalf of the Community
   by Council Decision 2001/379/EC of 4 April 20012. The Protocol, which entered into force on
   29 December 2003, has been transposed into EU law through several instruments3. Regarding
   air quality monitoring, these instruments include Directive 2004/107/EC of the European
   Parliament and of the Council of 15 December 2004 relating to arsenic, cadmium, mercury,
   nickel and polycyclic aromatic hydrocarbons in ambient air4. As to the requirement to apply
   BAT for source categories listed in Annex II and emission limit values set out in Annex V to
   the Protocol, relevant EU legislation includes most notably Directive 2010/75/EU of the
   European Parliament and of the Council of 24 November 2010 on industrial emissions5.
   Concerning the product standards on lead and mercury set out in Annex VI to the Protocol,
   applicable EU legislation includes Directive 98/70/EC of the European Parliament and of the
   Council of 13 October 1998 relating to the quality of petrol and diesel fuels and amending
   Council Directive 93/12/EEC6 and Directive 2006/66/EC of the European Parliament and of
   the Council of 6 September 2006 on batteries and accumulators and waste batteries and
   accumulators and repealing Directive 91/157/EEC7. Regarding product management measures
   listed in Annex VII of the Protocol, relevant EU legislation includes Commission Regulation
   (EU) No 1103/2010 of 29 November 2010 establishing, pursuant to Directive 2006/66/EC of
   1
            OJ L 171, 27.6.1981, p. 11.
   2
            OJ L 134, 17.5.2001, p. 40.
   3
            The last remaining technical issue, the requirements on the reporting of emissions of Cd, Pb and Hg, are
            covered by the Commission Proposal for a Directive of the European Parliament and of the Council on
            the reduction of national emission of certain atmospheric pollutants and amending Directive
            2003/35/EC, of 18 December 2013, COM(2013) 920.
   4
            OJ L 23, 26.1.2005, p. 3.
   5
            OJ L 334, 17.12.2010, p. 17.
   6
            OJ L 350, 28.12.1998, p.58.
   7
            OJ L 266, 26.9.2006, p.1.
EN                                                         2                                                         EN
 ---pagebreak---    the European Parliament and of the Council, rules as regards capacity labelling of portable
   secondary (rechargeable) and automotive batteries and accumulators8, Directive 2002/95/EC
   of the European Parliament and of the Council of 27 January 2003 on the restriction of the use
   of certain hazardous substances in electrical and electronic equipment9, Directive 2002/96/EC
   of the European Parliament and of the Council of 27 January 2003 on waste electrical and
   electronic equipment (WEEE)10 and Directive 2007/51/EC of the European Parliament and of
   the Council of 25 September 2007 amending Council Directive 76/769/EEC relating to
   restrictions on the marketing of certain measuring devices containing mercury11 now repealed
   by entry 18a of Annex XVII of Regulation (EC) No 1907/2006 (REACH)12.
   In accordance with Article 10(3) of the Protocol, the Parties reviewed the sufficiency and
   effectiveness of the Protocol obligations. Parties then agreed in 200913 and 201014, based
   notably upon the proposals by the European Union, on the opening of negotiations for the
   revision of the text and of the annexes of the Protocol. This revision has sought in particular
   to facilitate non-Parties to the Protocol to accede to an amended Protocol and to make the
   Protocol more adaptable to future developments on the BAT. Accordingly, the Commission
   was authorised by the Council of the European Union on 26 July 201015 and 11 April 201116
   to participate on behalf of the European Union (EU) in the negotiations.
   The negotiation process led to the adoption by consensus of the Parties present at the 31st
   session of the Executive Body (EB) of the LRTAP Convention of Decisions 2012/5 and
   2012/6 that have amended the text and the Annexes II to VI of the Protocol17 and of Decision
   2012/7 establishing a BAT guidance document18.
   Decision 2012/6, which amends Annex III of the Protocol on the identification of the BAT for
   controlling emissions of heavy metals and their compounds from the source categories listed
   in Annex II of this Protocol, does not call for ratification by the Parties. In accordance with
   Article 13(4) of the Protocol, this amendment was communicated to all Parties to the Protocol
   on 11 October 2013 and entered into force on 9 January 2014. Similarly, Decision 2012/7, as
   a guidance document, does not require ratification by the Parties.
   In accordance with Article 13(3) of the Protocol, Decision 2012/5, which amends the text of
   the Protocol and its Annexes II, IV, V and VI, has to be ratified by the Parties. The amended
   8
            OJ L 313, 30.11.2010, p. 3.
   9
            OJ L 037, 13.2.2003, p.19
   10
            OJ L 037, 13.2.2003, p.24
   11
            OJ L 257, 3.10.2007, p. 13
   12
            Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006
            concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH),
            establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council
            Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council
            Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and
            2000/21/EC, OJ L 396, 30.12.2006.
   13
            Report of the Executive Body on its December 2009 27th session, ECE/EB.AIR/99/add.2, 10 May 2010.
   14
            Report of the Executive Body on its December 2010 28th session, ECE/EB.AIR/106, para 57, 24
            February 2011.
   15
            Council Decision of 26 July 2010 on the participation of the European Union in negotiations of
            amendments to the 1998 Protocol on Heavy Metals to the 1979 Convention on Long-Range
            Transboundary Air Pollution (unpublished).
   16
            Council Decision of 11 April 2011 on amending Council Decision of 26 July 2010 on the participation
            of the European Union in negotiations of amendments to the 1998 Protocol on Heavy Metals to the
            1979 Convention on Long-Range Transboundary Air Pollution (unpublished).
   17
            Decisions 2012/5 and 2012/6, 31st session of the Executive Body for the Convention, 14 – 18 December
            2012, ECE/EB.AIR/113/Add.1.
   18
            Decision 2012/7, 31st session of the Executive Body for the Convention, 14 –18 December 2012,
            ECE/EB.AIR/113/Add.1.
EN                                                         3                                                     EN
 ---pagebreak---    Protocol sets out, in particular, stricter emission limit values for dust emissions from certain
   major stationary sources as well as flexible transitional arrangements that shall benefit those
   Parties that will acceed the Protocol, as amended, between 1st January 2014 and 31 December
   2019.
   The amendment to the Protocol is largely covered by current EU law notably via existing
   emission source control legislation, including above-mentioned Directive 2010/75/EU and the
   Commission Implementing Decisions adopted in accordance with this Directive and which
   establish the applicable BAT conclusions for various industrial sectors, such as the
   manufacture of glass19 and the production of iron and steel20, cement, lime and magnesium
   oxide21 and chlor-alkali22. Additionally, the adoption of Commission Implementing Decisions
   under Directive 2010/75/EU for the non-ferrous metals industrial sector and the smitheries
   and foundries industry shall complete EU coverage of the amendment to the Protocol. This
   amendment shall be further transposed in particular via a new Directive setting updated
   national emission ceilings for certain atmopsheric pollutants and providing for annual national
   emission inventories that shall cover, among others, emissions of lead, cadmium and
   mercury23.
   In view of the above, it is appropriate for the European Union to accept the Amendment to the
   Protocol.
   The Annex to this Decision includes the amending text to the Protocol as laid down in
   Decision 2012/5.
   19
           Commission Implementing Decision 2012/134/EU of 28 February 2012 establishing the best available
           techniques (BAT) conclusions under Directive 2010/75/EU of the European Parliament and of the
           Council on industrial emissions for the manufacture of glass, OJ L 70, 8.3.2012, p. 1.
   20
           Commission Implementing Decision 2012/135/EU of 28 February 2012 establishing the best available
           techniques (BAT) conclusions under Directive 2010/75/EU of the European Parliament and of the
           Council on industrial emissions for iron and steel production, OJ L 70, 8.3.2012, p. 63.
   21
           Commission Implementing Decision 2013/163/EU of 26 March 2013 establishing the best available
           techniques (BAT) conclusions under Directive 2010/75/EU of the European Parliament and of the
           Council on industrial emissions for the production of cement, lime and magnesium oxide, OJ L 100,
           9.4.2013, p. 1.
   22
           Commission Implementing Decision 2013/732/EU of 9 December 2013 establishing the best available
           techniques (BAT) conclusions, under Directive 2010/75/EU of the European Parliament and of the
           Council on industrial emissions, for the production of chlor-alkali, OJ L 332, 11.12.2013, p. 34.
   23
           Supra n° 3.
EN                                                        4                                                  EN
 ---pagebreak---                                                           2014/0359 (NLE)
                                             Proposal for a
                                       COUNCIL DECISION
      on the acceptance of the Amendment to the 1998 Protocol to the 1979 Convention on
                   Long-Range Transboundary Air Pollution on Heavy Metals.
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular
   Article 192, in conjunction with Article 218(6)(a) thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament,
   Whereas:
   (1)      The Union is a Party to the UNECE Convention on Long-Range Transboundary Air
            Pollution following its approval in 198124.
   (2)      The Union is a Party to the 1998 Protocol to the Convention on Long-Range
            Transboundary Air Pollution on Heavy Metals following its approval on 4 April
            200125.
   (3)      The Parties to the Protocol of the Convention on Long-Range Transboundary Air
            Pollution on Heavy Metals opened negotiations in 2009 whose scope was extended
            in 2010 with a view to improving further the protection of human health and the
            environment, including through the updating of emission limit values addressing
            emissions of air pollutants at source.
   (4)      The Parties present at the 31st session of the Executive Body of the UNECE
            Convention on Long-Range Transboundary Air Pollution adopted by consensus
            Decisions 2012/5 and 2012/6 amending the Protocol to the Convention on Long-
            Range Transboundary Air Pollution on Heavy Metals.
   (5)      Decision 2012/6 entered into force and became effective on the basis of the
            expedited procedure provided for in Article 13(4) of the Protocol.
   (6)      Decision 2012/5 requires ratification by the Parties to the Protocol in accordance
            with Article 13(3) of the Protocol.
   (7)      The Amendment to the Protocol to the Convention on Long-Range Transboundary
            Air Pollution on Heavy Metals should therefore be accepted on behalf of the
            European Union,
   24
           OJ L 171, 27.6.1981, p.11.
   25
           OJ L 134, 17.5.2001, p. 40.
EN                                                 5                                           EN
 ---pagebreak---    HAS ADOPTED THIS DECISION:
                                               Article 1
   The Amendment to the Protocol to the Convention on Long-Range Transboundary Air
   Pollution on Heavy Metals is hereby accepted on behalf of the Union.
   The text of the Amendment to the Protocol is attached to this Decision.
                                               Article 2
   The President of the Council shall designate the person empowered to proceed, on behalf of
   the European Union, to the deposit of the instrument of acceptance provided for in Article
   13(3) of the 1998 Protocol to the Convention on Long-Range Transboundary Air Pollution on
   Heavy Metals, in order to express the consent of the European Union to be bound by this
   Protocol, as amended.
                                               Article 3
   This Decision shall enter into force on the day of its adoption.
   Done at Brussels,
                                                For the Council
                                                The President
EN                                                 6                                          EN