CELEX: 52014PC0749
Language: en
Date: 2015-01-09
Title: Proposal for a COUNCIL DECISION on the acceptance of the Amendments to the 1998 Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution on Persistent Organic Pollutants

EUROPEAN
                            COMMISSION
                                                 Brussels, 9.1.2015
                                                 COM(2014) 749 final
                                                 ANNEX 2
                                        ANNEX
                                      attachment
                                 to the Proposal for a
                                   Council Decision
   on the acceptance of the Amendments to the 1998 Protocol to the 1979 Convention on
        Long-Range Transboudary Air Pollution on Persistent Organic Pollutants
EN                                                                                    EN
 ---pagebreak---                                                      ANNEX
                                                   attachment
                                              to the Proposal for a
                                                Council Decision
     on the acceptance of the Amendments to the 1998 Protocol to the 1979 Convention on
             Long-Range Transboudary Air Pollution on Persistent Organic Pollutants
                                                  Decision 2009/2
      Listing of short-chain chlorinated paraffins and polychlorinated naphtalenes in annexes I and
                            II to the 1998 Protocol on Persistent Organic Pollutants
            The Parties to the 1998 Protocol on Persistent Organic Pollutants meeting within the
   twenty-seventh session of the Executive Body,
            Decide to amend the 1998 Protocol on Persistent Organic Pollutants (the "POPs
   Protocol") to the Convention on Long-Range Transboundary Air Pollution as follows:
   ARTICLE 1: AMENDMENT
   A.       Annex I
   1.       Listings for the following substances shall be added by inserting in appropriate
   alphabetical order the following rows:
     Polychlorinated       Production    None
     naphthalenes          Use           None
     (PCN)
     Short-chain           Production    None, except for production for the uses specified in annex II
     chlorinated           Use           None, except for the uses specified in annex II
     paraffinsd/
   2.       The following footnote shall be added at the end of annex I:
            "d/Short-chain chlorinated paraffins means chlorinated alkanes with a carbon chain-
            length of 10 to 13 carbon atoms and the degree of chlorination of more than 48% by
            weight."
   B:       Annex II
            A listing for the following substance shall be added by inserting in appropriate
   alphabetical order the following row:
   Short-chain        (a) Fire retardants in rubber Parties should take action to eliminate these uses
   chlorinated        used in conveyor belts in once suitable alternatives are available
   paraffinsb/        the mining industry;
                                                      No later than 2015 and every four years
                      (b) Fire retardants in dam thereafter, each Party that uses these substances
                      sealants.                       shall report on progress made to eliminate them
EN                                                       2                                              EN
 ---pagebreak---                                                      and submit information on such progress to the
                                                     Executive Body. Based on these reports, these
                                                     restricted uses shall be reassessed
   2.        The following footnote shall be added at the end of annex II:
   b/
      Short-chain chlorinated paraffins means chlorinated alkanes with a carbon chain-length of 10 to 13
   carbon atoms and the degree of chlorination of more than 48% by weight.
   ARTICLE 2: RELATIONSHIP TO THE POPS 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, approval, or accession to the POPs Protocol.
   ARTICLE 3: ENTRY INTO FORCE
   1.       In accordance with article 14(3) of the POPs Protocol, this Amendment shall enter into
   force on the ninetieth day after the date on which two thirds of the Parties to the POPs Protocol
   have deposited with the Depositary their instruments of acceptance thereof.
   2.       After the entry into force of this Amendment, as provided under paragraph 1, it shall enter
   into force for any other Party to the Protocol on the ninetieth day following the date of deposit of
   its instrument of acceptance.
EN                                                      3                                                EN
 ---documentbreak---                             EUROPEAN
                            COMMISSION
                                                 Brussels, 9.1.2015
                                                 COM(2014) 749 final
                                                 ANNEX 1
                                        ANNEX
                                      attachment
                                 to the Proposal for a
                                   Council Decision
   on the acceptance of the Amendments to the 1998 Protocol to the 1979 Convention on
        Long-Range Transboundary Air Pollution on Persistant Organic Pollutants
EN                                                                                    EN
 ---pagebreak---                                                    ANNEX
                                                 attachment
                                            to the Proposal for a
                                              Council Decision
     on the acceptance of the Amendments to the 1998 Protocol to the 1979 Convention on
          Long-Range Transboundary Air Pollution on Persistant Organic Pollutants
                                                Decision 2009/1
       Amendment of the text of and annexes I, II, III, IV, VI and VIII to the 1998 Protocol on
                                       Persistent Organic Pollutants
          The Parties to the 1998 Protocol on Persistent Organic Pollutants meeting within the
   twenty-seventh session of the Executive Body,
          Decide to amend the 1998 Protocol on Persistent Organic Pollutants (the "POPs
   Protocol") to the Convention on Long-Range Transboundary Air Pollution as follows:
   ARTICLE 1: AMENDMENT
   A.      Article 1
           For paragraph 12 there shall be substituted:
          "New stationary source" means any stationary source of which the construction or substantial
          modification is commenced after the expiry of 2 years from the date of entry into force for a
          Party of:
          (a)       the present Protocol; or
          (b)       an amendment to the present Protocol that, with respect to a stationary source, either
          introduces new limit values in Part Π of annex IV or introduces the category in annex VIII in
          which that source falls.
          It shall be a matter for the competent national authorities to decide whether a modification is
          substantial or not, taking into account such factors as the environmental benefits of the
          modification.
   B.      Article 3
   1.      In article 3, paragraphs 5(b)(i) and 5(b)(iii) of the POPs Protocol, for the words:
                    "for which annex V identifies best available techniques"
EN                                                     2                                                   EN
 ---pagebreak---            there shall be substituted:
           "for which guidance adopted by the Parties at a session of the Executive Body
           identifies best available techniques".
   2.      The semi-colon at the end of paragraph 5(b)(iv) shall be changed to a full stop.
   3.      Paragraph 5(b)(v) is deleted.
   C.      Article 13
           The words "Annexes V and VII are" shall be replaced by the words "Annex V is"
   D.      Article 14
   1.      Paragraph 3 shall be replaced by the following:
           "3. Amendments to the present Protocol and to annexes I to IV, VI and VIII shall be adopted
           by consensus of the Parties present at a session of the Executive Body, and shall enter into
           force for the Parties which have accepted them on the ninetieth day after the date on which
           two thirds of those that were Parties at the time of their adoption have deposited with the
           Depositary their instruments of acceptance thereof. Amendments shall enter into force for any
           other Party on the ninetieth day after the date on which that Party has deposited its instrument
           of acceptance thereof. This paragraph shall be subject to paragraphs 5 bis and 5 ter below."
   2.      In paragraph 4, for the words "annexes V and VII" shall be substituted "annex V" and
   for the words "any such annex" shall be substituted "annex V".
   3.      In paragraph 5, the words "or VII" shall be deleted and for the words "such an annex"
   shall be substituted "annex V".
   4.      After paragraph 5, the following new paragraphs shall be added:
           "5 bis. For those Parties having accepted it, the procedure set out in paragraph 5ter below
           shall supersede the procedure set out in paragraph 3 above in respect of amendments to
           annexes I to IV, VI and VIII.
           "5 ter.
                    (a)      Amendments to annexes I to IV, VI and VIII 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 (b) below;
                    (b)      Any Party that is unable to approve an amendment to annexes I to IV,
                    VI and VIII 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 tor that Party;
                    (c)      Any amendment to annexes I to IV, VI and VID shall not enter into
                    force if an aggregate number of sixteen or more Parties have either:
EN                                                      3                                                   EN
 ---pagebreak---                             (i) Submitted a notification in accordance with the provisions of
                            subparagraph (b) above; or
                            (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 above".
   E.      Article 16
            A new paragraph shall be added after paragraph 2 as follows:
                    "3. A State or Regional Economic Integration Organisation 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 14, paragraph 5 ter as regards the
                    amendment of annexes I to IV, VI and VIII."
   F.      Annex I
   1.      In the listing for the substance DDT, the conditions (numbered 1 and 2) on elimination
   of production shall be deleted and replaced by the word "None" and the words "except as
   identified in annex II" in the conditions on use shall be deleted.
   2.      In the listing for the substance Heptachlor, the conditions on use shall be deleted and
   replaced by the word "None".
   3.      In the listing for the substance Hexachlorobenzene, the conditions on production and
   use shall be deleted and in each case replaced by the word "None".
   4.      Listings for the following substances shall be added by inserting in appropriate
   alphabetical order the following rows:
   Hexachlorobutadiene          Production         None
   CAS: 87-68-3
                                Use                None
   Hexachlorocyclohexanes          Production     None
   (HCH) (CAS: 608-731),
   including lindane (CAS: Use                    None, except for the gamma isomer of HCH (lindane),
   58-89-9                                        used as topical insecticide for public health purposes.
                                                  Such uses shall be re-evaluated under this Protocol in
                                                  2012 or one year after the amendment enters into force,
                                                  whichever is later.
   Hexabromodiphenyl ethera/ and Production           None
   heptabromodiphenyl ethera/
                                        Use           1. A Party may allow recycling of articles that
                                                      contain or may contain any of these substances, and
                                                      the use and final disposal of articles manufactured
                                                      from recycled materials that contain or may contain
                                                      any of these substances, provided that the recycling
                                                      and final disposal is carried out in an
                                                      environmentally sound manner and does not lead to
EN                                                      4                                                  EN
 ---pagebreak---                                              recovery of any of these substances for the purpose
                                             of their reuse.
                                             2.    Commencing 2013 and every four years
                                             subsequently until the above condition is removed or
                                             otherwise expires, the Executive Body shall evaluate
                                             the progress that Parties have made towards
                                             achieving their ultimate objective of elimination of
                                             these substances contained in articles and review the
                                             continued need for the condition, which shall in any
                                             case expire at the latest in 2030.
   Tetrabromodiphenyl etherb/ and Production None
   pentabromodiphenyl etherb/
                                  Use        1. A Party may allow recycling of articles that
                                             contain or may contain any of these substances, and
                                             the use and final disposal of articles manufactured
                                             from recycled materials that contain or may contain
                                             any of these substances, provided that the recycling
                                             and final disposal is carried out in an
                                             environmentally sound manner and does not lead to
                                             recovery of any of these substances for the purpose
                                             of their reuse.
                                             2.    Commencing 2013 and every four years
                                             subsequently until the above condition is removed or
                                             otherwise expires, the Executive Body shall evaluate
                                             the progress that Parties have made towards
                                             achieving their ultimate objective of elimination of
                                             these substances contained in articles and review the
                                             continued need for the condition, which shall in any
                                             case expire at the latest in 2030.
   Pentachlorobenzene             Production   None
   CAS : 608-93-5
                                  Use          None
EN                                             5                                                   EN
 ---pagebreak---    Perfluorooctane sulfonate Production None, except for production for the uses (a)-(c)
   (PFOS)c/                             below, and (a)-(e) in annex II
                             Use        None, except for the following uses and uses (a)-(e)
                                        in annex II:
                                        (a) Chromium electroplating, chromium anodizing
                                        and reverse etching until 2014;
                                        (b)        Electroless nickel-polytetrafluoroethylene
                                        plating until 2014;
                                        (c)     Etching of plastic substrates prior to their
                                        metallization until 2014;
                                        (d) Firefighting foams, but only if they have been
                                        manufactured or were in use by 18 December 2009
                                        With respect to firefighting foams:
                                        (i) Parties should endeavor to eliminate by 2014
                                        firefighting foams containing PFOS that were
                                        manufactured or in use by 18 December 2009 and
                                        shall report on their progress to the Executive Body
                                        in 2014;
                                        (ii)     Based on the reports of the Parties and
                                        paragraph (i), the Executive Body shall in 2015
                                        assess whether the use of firefighting foams
                                        containing PFOS that were manufactured or in use
                                        by 18 December 2009 should be subject to additional
                                        restrictions.
EN                                        6                                                   EN
 ---pagebreak---    5.     The listing for the substance PCB shall be deleted and replaced by the following row:
   Polychlorinated            Production     None
   biphenyls (PCBs) d/
                              Use            None. Concerning PCBs in use by the implementation
                                             date, Parties shall:
                                             1. Make determined efforts designed to lead to:
                                                (a) The elimination of the use of identifiable PCBs in
                                             equipment (i.e. transformers, capacitors or other
                                             receptacles containing residual liquid stocks) containing
                                             PCBs in volumes greater than 5dm3 and having a
                                             concentration of 0.05% PCBs or greater, as soon as
                                             possible but no later than 31 December 2010, or 31
                                             December 2015 for countries with economies in
                                             transition;
                                                (b)       The destruction or decontamination an
                                             environmentally sound manner of:
                                                - All liquid PCBs referred to in a subparagraph (a)
                                             and other liquid PCBs containing more than 0.005%
                                             PCBs not in equipment, as soon as possible but no later
                                             than 31 December 2015, or 31 December 2020 for
                                             countries with economies in transition;
                                                - All liquid PCBs referred to in a paragraph 2(a) no
                                             later than 31 December 2029;
                                                (c) The decontamination or disposal of equipment
                                             referred in subparagraphs 1(a) and 2(a) in an
                                             environmentally sound manner.
                                             2. Endeavour to:
                                                (a) Identify and remove from use equipment (e.g.
                                             transformers, capacitors or other receptacles containing
                                             liquid stocks) containing more than 0.005% PCBs and
                                             volumes greater than 0.05 dm3, as soon as possible but
                                             no later than 31 December 2025;
                                                (b)    Identify other articles containing more than
                                             0.005% PCBs (e.g. cable sheaths, cured caulk and
                                             painted objects) and manage them in accordance with
                                             paragraph 3 of article 3.
                                             3.      Ensure that the equipment described in
                                             subparagraphs 1(a) and 2(a) is not exported or imported
                                             other than for the purpose of environmentally sound
                                             waste management.
                                             4. Promote the following to reduce exposures and risk
                                             to control the use of PCBs:
                                                (a)     Use PCBs only in intact and non-leaking
                                             equipment and only in areas where the risk from
                                             environmental release can be minimized and quickly
                                             remedied;
                                                (b)   Not use PCBs in equipment in areas associated
EN                                                 7                                                   EN
 ---pagebreak---                                            with the production or processing of food or feed;
                                           When PCBs are used in populated areas, including
                                           schools and hospitals, take all reasonable measures to
                                           prevent electrical failures that could result in a fire, and
                                           regularly inspect equipment for leaks.
   6. Footnote a/ at the end of annex I shall be deleted.
   7. The following footnotes shall be added at the end of annex I:
      "a/
          "Hexabromodiphenyl ether and heptabromodiphenyl ether" mean 2,2',4,4',5,5'-
      hexabromodiphenyl ether (BDE-153, CAS No: 68631-49-2), 2,2',4,4',5,6'-
      hexabromodiphenyl ether (BDE-154, CAS No: 207122-15-4), 2,2',3,3',4,5',6
      heptabromodiphenyl ether (BDE-175, CAS No: 446255-22-7), 2,2',3,4,4',5',6-
      heptabromodiphenyl ether (BDE-183, CAS No: 207122-16-5) and other hexa- and
      heptabromodiphenyl ethers present in commercial octabromodiphenyl ether."
      "b/ "Tetrabromodiphenyl ether and pentabromodiphenyl ether" means 2,2',4,4'-
      tetrabromodiphenyl ether (BDE-47, CAS No: 40088-47-9) and 2,2',4,4',5-
      pentabromodiphenyl ether (BDE-99, CAS No: 32534-81-9) and other tetra- and
      pentabromodiphenyl ethers present in commercial pentabromodiphenyl ether."
EN                                             8                                                        EN
 ---pagebreak---               "с/ Perfluorooctane sulfonate (PFOS) means substances defined by the molecular formula
              C8F17S02X, where X = OH, metal salt, halide, amide or other derivatives including
              polymers."
              "d/
                  "Polychlorinated biphenyls" means aromatic compounds formed in such a manner that
              the hydrogen atoms on the biphenyl molecule (two benzene rings bonded together by a
              single carbon-carbon bond) may be replaced by up to 10 chlorine atoms."
   G          Annex II
   1.         The listings for the substances DDT, HCH, and PCB in the table appearing after the
   first paragraph of annex II, shall be deleted.
   2.         A listing for the following substance shall be added by inserting in appropriate
   alphabetical order the following row:
               Substance                                               Implementation requirements
     Perfluorooctane sulfonate                      Restricted to uses                                 Conditions
     (PFOS)a/
                                            (a)        Photo-resist or anti- Parties should take action to eliminate
                                            reflective       coatings          for these uses once suitable alternatives are
                                            photolithography processes;               available.
                                            (b)       Photographic coatings No later than 2015 and every four years
                                            applied to films, papers or thereafter, each Party that uses these
                                            printing plates;                          substances shall report on progress made
                                                                                      to eliminate them and submit information
                                            (c) Mist suppressants for non-
                                                                                      on such progress to the Executive Body.
                                            decorative hard chromium
                                                                                      Based on these reports, these restricted
                                            (VI) plating and wetting agents uses shall be reassessed.
                                            for      use      in      controlled
                                            electroplating systems;
                                            (d)        Hydraulic fluids for
                                            aviation;
                                            (e)     Certain medical devices
                                            (such          as           ethylene
                                            tetrafluoroethylene copolymer
                                            (ETFE) layers and radio-opaque
                                            ETFE production, in vitro
                                            diagnostic medical devices, and
                                            CCD colour filters).
   a/ Perfluorooctane sulfonate (PFOS) means substances defined by the molecular formula C8F17SO2X, where X=OH, metal salt, halide,
   amide or other derivatives including polymers
EN                                                                  9                                                               EN
 ---pagebreak---    H.       Annex III
   1.       The text under the heading "Reference year" for each of the substances listed in annex
   III shall be deleted and replaced by the following:
           "1990; or an alternative year from 1985 to 1995 inclusive, or for countries with economies
           in transition, an alternative year from 1985 to the year of the entry into force of the
           Protocol for a Party, and as specified by that Party upon ratification, acceptance, approval
           or accession"
   2.       In the listing for the substance Hexachlorobenzene, under the name of the substance
   shall be added the following text: "CAS: 118-74-1"
   3.       A listing for the substance PCBs shall be added by inserting at the end of the chart the
   following row:
   PCBsc/                          2005; or an alternative year from 1995 to 2010 inclusive, or for
                                   countries with economies in transition, an alternative year from 1995 to
                                   the year of the entry into force of the Protocol for a Party, and as
                                   specified by that Party upon ratification, acceptance, approval or
                                   accession.
   4.       A footnote shall be added after footnote b/ as follows:
           "c/ Polychlorinated biphenyls, as defined in annex I, when formed and released
           unintentionally from anthropogenic sources."
   I.       Annex IV
   1.       In paragraph 2, inside the brackets, the word "and" shall be deleted and the words ",
   and for a given oxygen content" shall be added at the end.
   2.       Paragraph 3 shall be deleted and replaced by the following text:
           "3.      Limit values relate to the normal operating situation. For batch operations, limit
           values relate to average levels as recorded during the whole batch process - including for
           example pre-heating, heating and cooling."
   3.       In paragraph 4, the word "applicable" shall be added before the word "standards" and
   the words "for example" shall be added before the words "the Comité."
   4.       Paragraph 6 shall be deleted and replaced by the following text and footnote:
           "6.      Emissions of PCDD/F are given in total toxic equivalents (TEQ)1/. The toxic
           equivalence factor values to be used for the purposes of this Protocol shall be consistent
           with applicable international standards, including the World Health Organization 2005
           mammalian toxic equivalence factor values for PCDD/F."
EN                                                      10                                                  EN
 ---pagebreak---               "1/
                  The total toxic equivalent (TEQ) is operationally defined by the sum of the products
              of the concentration of each compound multiplied by its toxic equivalency factor
              (TEF) value and is an estimate of the total 2,3,7,8-TCDD-like activity of the mixture.
              Total toxic equivalent was previously abbreviated as TE."
   5.  Paragraph 7 shall be deleted and replaced by the following text and footnote:
      "7. The following limit values, which refer to 11% O2 concentration in flue gas, apply to the
      following incinerator types:
             Municipal solid waste (existing stationary source burning more than 3 tonnes per
             hour and every new stationary source)
                       0.1 ngTEQ/m3
             Medical solid waste (existing stationary source burning more than 1 tonne per hour
             and every new stationary source)
                       New stationary source:                0.1 ngTEQ/m3
                       Existing stationary source:       0.5 ng TEQ/m3
             Hazardous waste (existing stationary source burning more than 1 tonne per hour
             and every new stationary source)
                       New stationary source:                0.1 ng TEQ/m3
                       Existing stationary source:       0.2 ng TEQ/m3
              Non hazardous industrial waste1/2/
                       New stationary source:                 0.1 ngTEQ/m3
                       Existing stationary source:       0.5 ng TEQ/m3"
              "1/
                  Including incinerators treating biomass waste which may contain halogenated
              organic compounds or heavy metals as a result of treatment with wood-
              preservatives or coating, and which includes in particular biomass waste
              originating from construction and demolition waste, but excluding incinerators
              only treating other biomass waste."
             "2/
                 Countries with economies in transition may exclude co-combustion of non-
             hazardous industrial waste in industrial processes where such waste is used as an
             additional fuel contributing up to 10% of the energy,"
   6.  The following new paragraphs shall be added after paragraph 7:
      8.     The following limit value, which refers to 16% O2 concentration in flue gas,
             applies to sinter-plants:
             0.5 ng TEQ/m3
      9.    The following limit value, which refers to the actual O2 concentration in flue gas,
            applies to the following source:
EN                                                 11                                                  EN
 ---pagebreak---                   Secondary steel production - Electric arc furnaces with a capacity to produce more
                  than 2.5 tonnes per hour of molten steel for further
                  processing:
                          0.5 ng TEQ/m3
   J.      Annex VI
   1.      The existing text of the annex shall be marked as paragraph 1.
   2.      In paragraph (a), after the words "present Protocol" shall be added the words "for a
           Party".
   3.      For paragraph (b) there shall be substituted:
          "For existing stationary sources:
            (i)    eight years after the date of entry into force of the present Protocol for a Party.
            If necessary this period may be extended for specific existing stationary sources in
            accordance with the amortization period provided for by national legislation; or
            (ii) for a Party that is a country with an economy in transition, up to fifteen years
            after the date of entry into force of the present Protocol for that Party."
   4.      A new paragraph shall be added at the end of the annex as follows:
          "2. The timescales for the application of limit values and best available techniques that
          have been updated or introduced as a result of amendment of this Protocol shall be:
                   (a)   for new stationary sources, two years after the date of entry into force of
                         the relevant amendment for a Party;
                   (b)     for existing stationary sources:
                         (i)        eight years after the date of entry into force of the relevant
                         amendment for a Party; or
                         (ii)       for a Party that is a country with an economy in transition, up to
                         fifteen years after the date of entry into force of the relevant amendment
                         for that Party".
   K.      Annex VIII
   1.      In the second sentence of part I, before the words "annex V" shall be added the words
   "the guidance document referred to in".
   2.      The description of category 1 in the table in part II shall be deleted and replaced by the
   following text: "Waste incineration, including co-incineration, of municipal, hazardous, non-
   hazardous and medical wastes and sewage sludge."
   3.      The following new categories shall be added to the table in part II:
EN                                                    12                                               EN
 ---pagebreak---     13             Specific chemical production processes releasing unintentionally formed persistent
                   organic pollutants, especially production of chlorophenols and chloranil.
    14             Thermal processes in the metallurgical industry, chlorine-based methods.
      ARTICLE 2: RELATIONSHIP TO THE POPS 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, approval, or accession to the POPs Protocol.
    ARTICLE 3: ENTRY INTO FORCE
   1.       In accordance with article 14(3) of the POPs Protocol, this Amendment shall enter into
   force on the ninetieth day after the date on which two thirds of the Parties to the POPs
   Protocol have deposited with the Depositary their instruments of acceptance thereof.
   2.       After the entry into force of this Amendment, as provided under paragraph 1, it shall
   enter into force for any other Party to the Protocol on the ninetieth day following the date of
   deposit of its instrument of acceptance.
EN                                                     13                                             EN
 ---documentbreak--- NA ---documentbreak---                             EUROPEAN
                            COMMISSION
                                                 Brussels, 9.1.2015
                                                 COM(2014) 749 final
                                                 2014/0358 (NLE)
                                    Proposal for a
                                COUNCIL DECISION
   on the acceptance of the Amendments to the 1998 Protocol to the 1979 Convention on
        Long-Range Transboundary Air Pollution on Persistent Organic Pollutants
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 Persistent Organic Pollutants (the Protocol). This Protocol aims to
   control, reduce or eliminate discharges, emissions and losses of persistent organic pollutants
   (POPs). It requires Parties (i) to eliminate the production and use of the substances, including
   aldrin, dieldrin and toxaphene, in accordance with the specified implementation requirements,
   (ii) to restrict the use of dichlorodiphenyltrichloroethane (DDT), hexachlorocyclohexanes
   (HCH) and polychlorinated biphenyls (PCBs) and (iii) to reduce their total annual emissions
   of polycyclic aromatic hydrocarbons (PAHs), dioxins/furans (PCDD/PCDF) and of
   hexachlorobenzene (HCB) from the level of the emission in 1990 (or an alternative year
   between 1985 and 1995). In this respect, Parties must ensure (i) that operators of major
   stationary sources of emissions of PCDD/PCDF, PAHs and HCB, including combustion
   plants, plants producing coke, iron and steel and aluminium and wood preservation
   installations make use of the best available techniques (BAT), (ii) that certain waste
   incinerators comply with given emission limit values (ELVs) applicable to PCDD/PCDF, (iii)
   that effective measures are taken to control POPs emissions from mobile sources and (iv) that
   POPs, once they become waste, are transported and disposed of in an environmental sound
   manner. Parties must also develop and maintain emission inventories for PCDD/PCDF, PAHs
   and HCB and collect information on the production and sales of the other POPs covered by
   the Protocol. With a view to planning measures and initiatives to comply with all their
   obligations under the Protocol, Parties are required to develop strategies, policies and
   programmes.
   The accession of the Community to the Protocol was approved on behalf of the Community
   by Council Decision 2004/259/EC of 19 February 20042. The Protocol, which entered into
   force on 23 October 2003, has been transposed into EU law through several instruments3.
   They include most notably Regulation (EC) No 850/2004 of the European Parliament and of
   the Council of 29 April 2004 on persistent organic pollutants and amending Directive
   79/117/EEC4, Directives 2000/76/EC of the European Parliament and of the Council of 4
   December 2000 on the incineration of waste5 and 2008/1/EC of the European Parliament and
   of the Council of 15 January 2008 concerning integrated pollution prevention and control6,
   1
           OJ L 171, 27.6.1981, p. 11.
   2
           OJ L 81, 19.3.2004, p. 35.
   3
           The detailed requirements on the reporting of atmospheric emissions of PAHs, HCB, dioxins/furans and
           PCBs are set out in a separate Decision of the Executive Body of the LRTAP Convention Parties, and
           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 158, 30.4.2004, p. 7.
   5
           OJ L 332, 28.12.2000, p. 91
   6
           OJ L 24, 29.1.2008, p. 8.
EN                                                        2                                                     EN
 ---pagebreak---    now both replaced by Directive 2010/75/EU of the European Parliament and of the Council of
   24 November 2010 on industrial emissions (IED)7.
   In accordance with Article 10(3) of the Protocol, the Parties reviewed the sufficiency and
   effectiveness of the Protocol obligations. Parties then agreed in 20078, 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 sought to update the list of POPs covered by
   the Protocol, to make the Protocol more adaptable to future developments on the BAT and to
   facilitate accession to the amended Protocol by Parties with an economy in transition.
   Accordingly, the Commission was authorised by the Council of the European Union in 2008
   and 2009 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 27th
   session of the Executive Body (EB) of the LRTAP Convention of Decisions 2009/1, 2009/2
   and 2009/3 that have amended the text and the Annexes of the Protocol9 and of Decision
   2009/4 updating guidance on the BAT10.
   Decision 2009/3, which amends Annex V of the Protocol on the identification of the BAT for
   controlling emissions of POPs from the source categories listed in Annex VIII of this Protocol
   and which deletes Annex VII on recommended control measures from reducing emissions of
   POPs from moblie sources, does not call for ratification by the Parties. In accordance with
   Article 14(4) of the Protocol, this amendment was communicated to all Parties to the Protocol
   on 14 September 2010 and entered into force on 14 December 2010. As to Decision 2009/4,
   as a Decision aimed at adopting a guidance document on BAT to control emissions of
   persistent organic pollutants, it does not require ratification by the Parties.
   In accordance with Article 14(3) of the Protocol, Decisions 2009/1 and 2009/2, which amend
   the text of the Protocol and its Annexes I, II, III, IV, VI and VIII, have to be ratified by the
   Parties. In particular, the amended Protocol includes (i) new substances (hexachlorobutadiene,
   tetra-, penta-, hexa- and heptabromodiphenyl ethers, pentachlorobenzene, perfluorooctane
   sulfonate (PFOS), polychlorinated naphthalenes and short-chain chlorinated paraffins
   (SCCP)), (ii) updates the implementation requirements applicable to DDT, heptachlor,
   hexachlorobenzene and PCBs and the ELVs applicable to PCDD/PCDF emissions from
   certain waste incinerators, (iii) establishes new ELVs for PCDD/PCDF emissions from sinter-
   plants and electric arc furnaces, and (iv) adds PCBs to the list of substances the annual
   emissions of which must remain below the emission level of the reference year and must be
   reported. The amended Protocol provides also some flexibility for Parties with an economy in
   transition that acceed to the amended Protocol regarding the timeframes for the application of
   the ELVs and of the BAT and the choice of the reference year as the basis upon which Parties
   must reduce their total annual emissions of PCDD/PCDF, PAHs, HCB and PCBs.
   EU legislation, notably Commission Regulations (EU) No 756/2010 and 757/2010 of 24
   August 201011 and 519/2012 of 19 June 201212, amending Regulation (EC) No 850/2004, as
   well as the above-mentioned IED and the Commission Implementing Decisions adopted
   under it and establishing the BAT conclusions for various industrial sectors, in particular the
   7
            OJ L 334, 17.12.2010, p. 17.
   8
            Report of the Executive Body on its 25th session (10-13 December 2007), ECE/EB.AIR/91.
   9
            Decisions 2009/1, 2009/2 and 2009/3, 27th session of the Executive Body for the Convention, 14 – 18
            December 2009, ECE/EB.AIR/99/Add.1.
   10
            Decisions 2009/4, 27th session of the Executive Body for the Convention, 14 –18 December 2009,
            ECE/EB.AIR/99/Add.1.
   11
            OJ L 223, 25.8.2010, p. 20 and 29, respectively.
   12
            OJ L159, 20.6.2012, p. 1.
EN                                                         3                                                    EN
 ---pagebreak---    production of iron and steel13, transposes fully the requirements of the amendments to the
   Protocol. The specific and conditional exemptions for the production, placing on the market
   and use of SCCP and PFOS set out in EU legislation are in conformity with the allowable
   exemptions as provided for in the Protocol, as amended.
   These amendments 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 POPs, including
   PAHs, PCDD/PCDF, HCB and PCBs14.
   In view of the above, it is appropriate for the European Union to accept the Amendments to
   the Protocol.
   The Annexes to this Decision include the amending texts to the Protocol as laid down in
   Decisions 2009/1 and 2009/2.
   13
           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.
   14
           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.
EN                                                        4                                                    EN
 ---pagebreak---                                                            2014/0358 (NLE)
                                              Proposal for a
                                       COUNCIL DECISION
      on the acceptance of the Amendments to the 1998 Protocol to the 1979 Convention on
           Long-Range Transboundary Air Pollution on Persistent Organic Pollutants
   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 198115.
   (2)       The Union is a Party to the 1998 Protocol to the Convention on Long-Range
             Transboundary Air Pollution on Persistent Organic Pollutants following its approval
             on 19 February 200416.
   (3)       The Parties to the Protocol of the Convention on Long-Range Transboundary Air
             Pollution on Persistent Organic Pollutants opened negotiations in 2007 with a view
             to improving further the protection of human health and the environment, including
             through the updating of the list of substances concerned and the emission limit values
             applicable to certain waste incinerators.
   (4)       The Parties present at the 27th session of the Executive Body of the UNECE
             Convention on Long-Range Transboundary Air Pollution adopted by consensus
             Decisions 2009/1, 2009/2, 2009/3 and 2009/4 amending the Protocol to the
             Convention on Long-Range Transboundary Air Pollution on Persistent Organic
             Pollutants.
   (5)       Decision 2009/3 entered into force and became effective on the basis of the
             expedited procedure provided for in Article 14(4) of the Protocol.
   (6)       Decision 2009/4, as a Decision aimed at adopting a guidance document on best
             available techniques to control emissions of persistent organic pollutants, does not
             require ratification.
   (7)       Decisions 2009/1 and 2009/2 require ratification by the Parties to the Protocol in
             accordance with Article 14(3) of the Protocol.
   (8)       The Amendments to the Protocol to the Convention on Long-Range Transboundary
             Air Pollution on Persistent Organic Pollutants should therefore be accepted on behalf
             of the European Union,
   15
           OJ L 171, 27.6.1981, p.11.
   16
           OJ L 81, 19.3.2004, p. 35.
EN                                                  5                                               EN
 ---pagebreak---    HAS ADOPTED THIS DECISION:
                                               Article 1
   The Amendments to the Protocol to the Convention on Long-Range Transboundary Air
   Pollution on Persistent Organic Pollutants are hereby accepted on behalf of the Union.
   The texts of the Amendments to the Protocol are 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
   14(3) of the 1998 Protocol to the Convention on Long-Range Transboundary Air Pollution on
   Persistent Organic Pollutants, 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