Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution on further Reduction of Sulphur Emissions

"Convention'' means the Convention on Long-range Transboundary Air Pollution, adopted in Geneva on 13 November 1979;

"EMEP'' means the Cooperative Programme for Monitoring and Evaluation of the Long-range Transmission of Air Pollutants in Europe;

"Executive Body'' means the Executive Body for the Convention constituted under article 10, paragraph 1, of the Convention;

"Commission'' means the United Nations Economic Commission for Europe;

"Parties'' means, unless the context otherwise requires, the Parties to the present Protocol;

"Geographical scope of EMEP'' means the area defined in article 1, paragraph 4, of the Protocol to the 1979 Convention on Long-range Transboundary Air Pollution on Long-term Financing of the Cooperative Programme for Monitoring and Evaluation of the Long-range Transmission of Air Pollutants in Europe (EMEP), adopted in Geneva on 28 September 1984;

"SOMA'' means a sulphur oxides management area designated in annex III under the conditions laid down in article 2, paragraph 3;

"Critical load'' means a quantitative estimate of an exposure to one or more pollutants below which significant harmful effects on specified sensitive elements of the environment do not occur, according to present knowledge;

"Critical levels'' means the concentration of pollutants in the atmosphere above which direct adverse effects on receptors, such as human beings, plants, ecosystems or materials, may occur, according to present knowledge;

"Critical sulphur deposition'' means a quantitative estimate of the exposure to oxidized sulphur compounds, taking into account the effects of base cation uptake and base cation deposition, below which significant harmful effects on specified sensitive elements of the environment do not occur, according to present knowledge;

"Emission'' means the discharge of substances into the atmosphere;

"Sulphur emissions'' means all emissions of sulphur compounds expressed as kilotonnes of sulphur dioxide (kt SO2) to the atmosphere originating from anthropogenic sources excluding from ships in international traffic outside territorial waters;

"Fuel'' means any solid, liquid or gaseous combustible material with the exception of domestic refuse and toxic or dangerous waste;

"Stationary combustion source'' means any technical apparatus or group of technical apparatus that is co-located on a common site and is or could be discharging waste gases through a common stack, in which fuels are oxidized in order to use the heat generated;

"Major new stationary combustion source'' means any stationary combustion source the construction or substantial modification of which is authorized after 31 December 1995 and the thermal input of which, when operating at rated capacity, is at least 50 MWth. It is 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;

"Major existing stationary combustion source'' means any existing stationary combustion source the thermal input of which, when operating at rated capacity, is at least 50 MWth;

"Gas oil'' means any petroleum product within HS 2710, or any petroleum product which, by reason of its distillation limits, falls within the category of middle distillates intended for use as fuel and of which at least 85 per cent by volume, including distillation losses, distils at 350o C;

"Emission limit value'' means the permissible concentration of sulphur compounds expressed as sulphur dioxide in the waste gases from a stationary combustion source expressed in terms of mass per volume of the waste gases expressed in mg SO2/Nm3, assuming an oxygen content by volume in the waste gas of 3 per cent in the case of liquid and gaseous fuels and 6 per cent in the case of solid fuels;

"Emission limitation'' means the permissible total quantity of sulphur compounds expressed as sulphur dioxide discharged from a combustion source or group of combustion sources located either on a common site or within a defined geographical area, expressed in kilotonnes per year;

"Desulphurization rate'' means the ratio of the quantity of sulphur which is separated at the combustion source site over a given period to the quantity of sulphur contained in the fuel which is introduced into the combustion source facilities and which is used over the same period;

"Sulphur budget'' means a matrix of calculated contributions to the deposition of oxidized sulphur compounds in receiving areas, originating from the emissions from specified areas.

The Parties shall control and reduce their sulphur emissions in order to protect human health and the environment from adverse effects, in particular acidifying effects, and to ensure, as far as possible, without entailing excessive costs, that depositions of oxidized sulphur compounds in the long term do not exceed critical loads for sulphur given, in annex I, as critical sulphur depositions, in accordance with present scientific knowledge.

As a first step, the Parties shall, as a minimum, reduce and maintain their annual sulphur emissions in accordance with the timing and levels specified in annex II.

In addition, any Party:

shall, as a minimum, reduce and maintain its annual sulphur emissions in the area so listed in accordance with the timing and levels specified in annex II.

Furthermore, the Parties shall make use of the most effective measures for the reduction of sulphur emissions, appropriate in their particular circumstances, for new and existing sources, which include, inter alia:

Each Party, except those Parties subject to the United States/Canada Air Quality Agreement of 1991, shall as a minimum:

The Parties may, in addition, apply economic instruments to encourage the adoption of cost-effective approaches to the reduction of sulphur emissions.

The Parties to this Protocol may, at a session of the Executive Body, in accordance with rules and conditions which the Executive Body shall elaborate and adopt, decide whether two or more Parties may jointly implement the obligations set out in annex II. These rules and conditions shall ensure the fulfilment of the obligations set out in paragraph 2 above and also promote the achievement of the environmental objectives set out in paragraph 1 above.

The Parties shall, subject to the outcome of the first review provided for under article 8 and no later than one year after the completion of that review, commence negotiations on further obligations to reduce emissions.

The Parties shall, consistent with their national laws, regulations and practices, facilitate the exchange of technologies and techniques, including those that increase energy efficiency, the use of renewable energy and the processing of low-sulphur fuels, to reduce sulphur emissions, particularly through the promotion of:

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

The Parties shall, no later than six months after the date of entry into force of the present Protocol, commence consideration of procedures to create more favourable conditions for the exchange of technology to reduce sulphur emissions.

Each Party shall, in order to implement its obligations under article 2:

Each Party shall collect and maintain information on:

Each Party shall report, through the Executive Secretary of the Commission, to the Executive Body, on a periodic basis as determined by the Executive Body, information on:

in conformity with a decision regarding format and content to be adopted by the Parties at a session of the Executive Body. The terms of this decision shall be reviewed as necessary to identify any additional elements regarding the format and/or content of the information that are to be included in the reports.

Each Party within the geographical scope of EMEP shall report, through the Executive Secretary of the Commission, to EMEP, on a periodic basis to be determined by the Steering Body of EMEP and approved by the Parties at a session of the Executive Body, information on the levels of sulphur emissions with temporal and spatial resolution as specified by the Steering Body of EMEP.

In good time before each annual session of the Executive Body, EMEP shall provide information on:

Parties in areas outside the geographical scope of EMEP shall make available similar information if requested to do so by the Executive Body.

The Executive Body shall, in accordance with article 10, paragraph 2 (b), of the Convention, arrange for the preparation of information on the effects of depositions of oxidized sulphur and other acidifying compounds.

The Parties shall, at sessions of the Executive Body, arrange for the preparation, at regular intervals, of revised information on calculated and internationally optimized allocations of emission reductions for the States within the geographical scope of EMEP, with integrated assessment models, with a view to reducing further, for the purposes of article 2, paragraph 1, of the present Protocol, the difference between actual depositions of oxidized sulphur compounds and critical load values.

The international harmonization of methods for the establishment of critical loads and critical levels and the elaboration of procedures for such harmonization;

The improvement of monitoring techniques and systems and of the modelling of transport, concentrations and deposition of sulphur compounds;

Strategies for the further reduction of sulphur emissions based on critical loads and critical levels as well as on technical developments, and the improvement of integrated assessment modelling to calculate internationally optimized allocations of emission reductions taking into account an equitable distribution of abatement costs;

The understanding of the wider effects of sulphur emissions on human health, the environment, in particular acidification, and materials, including historic and cultural monuments, taking into account the relationship between sulphur oxides, nitrogen oxides, ammonia, volatile organic compounds and tropospheric ozone;

Emission abatement technologies, and technologies and techniques to enhance energy efficiency, energy conservation and the use of renewable energy;

The economic evaluation of benefits for the environment and human health resulting from the reduction of sulphur emissions.

An Implementation Committee is hereby established to review the implementation of the present Protocol and compliance by the Parties with their obligations. It shall report to the Parties at sessions of the Executive Body and may make such recommendations to them as it considers appropriate.

Upon consideration of a report, and any recommendations, of the Implementation Committee, the Parties, taking into account the circumstances of a matter and in accordance with Convention practice, may decide upon and call for action to bring about full compliance with the present Protocol, including measures to assist a Party's compliance with the Protocol, and to further the objectives of the Protocol.

The Parties shall, at the first session of the Executive Body after the entry into force of the present Protocol, adopt a decision that sets out the structure and functions of the Implementation Committee as well as procedures for its review of compliance.

The application of the compliance procedure shall be without prejudice to the provisions of article 9 of the present Protocol.

The Parties shall, at sessions of the Executive Body, pursuant to article 10, paragraph 2 (a), of the Convention, review the information supplied by the Parties and EMEP, the data on the effects of depositions of sulphur and other acidifying compounds and the reports of the Implementation Committee referred to in article 7, paragraph 1, of the present Protocol.

In the event of a dispute between any two or more Parties concerning the interpretation or application of the present Protocol, the Parties concerned shall seek a settlement of the dispute through negotiation or any other peaceful means of their own choice. The Parties to the dispute shall inform the Executive Body of their dispute.

When ratifying, accepting, approving or acceding to the present Protocol, or at any time thereafter, a Party which is not a regional economic integration organization may declare in a written instrument submitted to the Depositary that, in respect of any dispute concerning the interpretation or application of the Protocol, it recognizes one or both of the following means of dispute settlement as compulsory ipso facto and without agreement, in relation to any Party accepting the same obligation:

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

A declaration made under paragraph 2 above shall remain in force until it expires in accordance with its terms or until three months after written notice of its revocation has been deposited with the Depositary.

A new declaration, a notice of revocation or the expiry of a declaration shall not in any way affect proceedings pending before the International Court of Justice or the arbitral tribunal, unless the Parties to the dispute agree otherwise.

Except in a case where the Parties to a dispute have accepted the same means of dispute settlement under paragraph 2, if after twelve months following notification by one Party to another that a dispute exists between them, the Parties concerned have not been able to settle their dispute through the means mentioned in paragraph 1 above, the dispute shall be submitted, at the request of any of the Parties to the dispute, to conciliation.

For the purpose of paragraph 5, a conciliation commission shall be created. The commission shall be composed of an equal number of members appointed by each Party concerned or, where Parties in conciliation share the same interest, by the group sharing that interest, and a chairman chosen jointly by the members so appointed. The commission shall render a recommendatory award, which the Parties shall consider in good faith.

Any Party may propose amendments to the present Protocol. Any Party to the Convention may propose an adjustment to annex II to the present Protocol to add to it its name, together with emission levels, sulphur emission ceilings and percentage emission reductions.

Such proposed amendments and adjustments shall be submitted in writing to the Executive Secretary of the Commission, who shall communicate them to all Parties. The Parties shall discuss the proposed amendments and adjustments at the next session of the Executive Body, provided that those proposals have been circulated by the Executive Secretary to the Parties at least ninety days in advance.

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

Amendments to the annexes to the present Protocol, other than to the annexes referred to in paragraph 3 above, shall be adopted by consensus of the Parties present at a session of the Executive Body. On the expiry of ninety days from the date of its communication by the Executive Secretary of the Commission, an amendment to any such annex shall become effective for those Parties which have not submitted to the Depositary a notification in accordance with the provisions of paragraph 5 below, provided that at least sixteen Parties have not submitted such a notification.

Any Party that is unable to approve an amendment to an annex, other than to an annex referred to in paragraph 3 above, shall so notify the Depositary in writing within ninety days 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.

Adjustments to annex II shall be adopted by consensus of the Parties present at a session of the Executive Body and shall become effective for all Parties to the present Protocol on the ninetieth day following the date on which the Executive Secretary of the Commission notifies those Parties in writing of the adoption of the adjustment.

The present Protocol shall be open for signature at Oslo on 14 June 1994, then at United Nations Headquarters in New York until 12 December 1994 by States members of the Commission as well as States having consultative status with the Commission, pursuant to paragraph 8 of Economic and Social Council resolution 36 (IV) of 28 March 1947, and by regional economic integration organizations, constituted by sovereign States members of the Commission, which have competence in respect of the negotiation, conclusion and application of international agreements in matters covered by the Protocol, provided that the States and organizations concerned are Parties to the Convention and are listed in annex II.

In matters within their competence, such regional economic integration organizations shall, on their own behalf, exercise the rights and fulfil the responsibilities which the present Protocol attributes to their member States. In such cases, the member States of these organizations shall not be entitled to exercise such rights individually.

The present Protocol shall be subject to ratification, acceptance or approval by Signatories.

The present Protocol shall be open for accession as from 12 December 1994 by the States and organizations that meet the requirements of article 12, paragraph 1.

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

For each State and organization referred to in article 12, paragraph 1, which ratifies, accepts or approves the present Protocol or accedes thereto after the deposit of the sixteenth instrument of ratification, acceptance, approval or accession, the Protocol shall enter into force on the ninetieth day following the date of deposit by such Party of its instrument of ratification, acceptance, approval or accession.