CELEX: 
Language: en
Date: 2015-01-13
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

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		52014PC0749
		
			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 /* COM/2014/0749 final - 2014/0358 (NLE) */
			
				
		
		
			
			   	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 1981[1].

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 2004[2]. The Protocol, which entered into force on 23 October 2003, has been
transposed into EU law through several instruments[3]. 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/EEC[4], Directives 2000/76/EC of the European Parliament and of the Council of 4 December 2000 on
the incineration of waste[5]
and 2008/1/EC of the European Parliament and of the Council of 15 January 2008 concerning integrated pollution prevention and
control[6], 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 2007[8], 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 Protocol[9] and of Decision 2009/4 updating guidance on the BAT[10].
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 2010[11] and 519/2012 of 19 June 2012[12], 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 production of
iron and steel[13],
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 PCBs[14]. 
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. 
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 1981[15]. 
(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 2004[16]. 
(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,
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
[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.
[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.
[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.
[15]             OJ L 171, 27.6.1981, p.11.
[16]             OJ L 81, 19.3.2004, p.
35.
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"
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:
(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 CAS: 87-68-3 || Production || None 
   || Use || None 
 Hexachlorocyclohexanes (HCH) (CAS: 608-73­1), including lindane (CAS: 58-89-9 || Production || None 
 Use || None, except for the gamma isomer of HCH (lindane), 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 heptabromodiphenyl ethera/ || Production || None 
 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. 
 Tetrabromodiphenyl etherb/ and pentabromodiphenyl etherb/ || Production || None 
 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 CAS : 608-93-5 || Production || None 
 Use || None 
 Perfluorooctane sulfonate (PFOS)c/ || Production || None, except for production for the uses (a)-(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. 
5.         The
listing for the substance PCB shall be deleted and replaced by the following
row:
 Polychlorinated biphenyls (PCBs) d/ || Production || None 
 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 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."
"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 (PFOS)a/ || Restricted to uses || Conditions 
 (a)   Photo-resist or anti-reflective coatings for photolithography processes; (b)   Photographic coatings applied to films, papers or printing plates; (c)   Mist suppressants for non-decorative hard chromium (VI)  plating and wetting agents 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). || Parties should take action to eliminate these uses once suitable alternatives are available. No later than 2015 and every four years thereafter, each Party that uses these substances shall report on progress made to eliminate them and submit information on such progress to the Executive Body. Based on these reports, these restricted uses shall be reassessed. 
a/ Perfluorooctane sulfonate (PFOS)
means substances defined by the molecular formula C8F17SO2X, where X=OH, metal
salt, halide, amide or other derivatives including polymers
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."
"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:
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:
 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.
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 naphthalenes (PCN) || Production || None 
 Use || None 
 Short-chain chlorinated paraffinsd/ || Production || None, except for production for the uses specified in annex II 
 Use || None, except for the uses specified in annex II 
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 chlorinated paraffinsb/ || (a) Fire retardants in rubber used in conveyor belts in the mining industry; (b) Fire retardants in dam sealants. || Parties should take action to eliminate these uses once suitable alternatives are available No later than 2015 and every four years thereafter, each Party that uses these substances shall report on progress made to eliminate them 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.