Einde inhoudsopgave
Protocol to the 1979 Convention on Long-range Transboundary Air Pollution to abate Acidification, Eutrophication and Ground-level Ozone
Article 3 Basic obligations
Geldend
Geldend vanaf 07-10-2019
- Redactionele toelichting
Gecorrigeerd via een rectificatie (10-04-2013, Trb. 70). Lid 11 quinquies wordt vanaf 04-05-2012 voorlopig toegepast door het Koninkrijk der Nederlanden (het Europese deel van Nederland). Deze wijziging is nog niet voor alle partijen in werking getreden. Zie voor de partijgegevens de wijziging van 04-05-2012, Trb. 2013, 197.
- Bronpublicatie:
04-05-2012, Trb. 2012, 246 (uitgifte: 28-12-2012, kamerstukken/regelingnummer: -)
- Inwerkingtreding
07-10-2019
- Bronpublicatie inwerkingtreding:
29-07-2019, Trb. 2019, 122 (uitgifte: 29-07-2019, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Milieurecht / Algemeen
Internationaal publiekrecht / Bijzondere onderwerpen
1.
Each Party having an emission reduction commitment in any table in annex II shall reduce and maintain the reduction in its annual emissions in accordance with that commitment and the timescales specified in that annex. Each Party shall, as a minimum, control its annual emissions of polluting compounds in accordance with the obligations in annex II. In taking steps to reduce emissions of particulate matter, each Party should seek reductions from those source categories known to emit high amounts of black carbon, to the extent it considers appropriate.
2.
Subject to paragraphs 2 bis and 2 ter, each Party shall apply the limit values specified in annexes IV, V, VI and X to each new stationary source within a stationary source category as identified in those annexes, no later than the timescales specified in annex VII. As an alternative, a Party may apply different emission reduction strategies that achieve equivalent overall emission levels for all source categories together.
2 bis.
A Party that was already a Party to the present Protocol prior to entry into force of an amendment that introduces new source categories may apply the limit values applicable to an ‘existing stationary source’ to any source in such a new category the construction or substantial modification of which is commenced before the expiry of one year from the date of entry into force of that amendment for that Party, unless and until that source later undergoes substantial modification.
2 ter.
A Party that was already a Party to the present Protocol prior to entry into force of an amendment that introduces new limit values applicable to a ‘new stationary source’ may continue to apply the previously applicable limit values to any source the construction or substantial modification of which is commenced before the expiry of one year from the date of entry into force of that amendment for that Party, unless and until that source later undergoes substantial modification.
3.
Each Party shall, in so far as it is technically and economically feasible and taking into consideration the costs and advantages, apply the limit values specified in annexes IV, V, VI and X to each existing stationary source within a stationary source category as identified in those annexes, no later than the timescales specified in annex VII. As an alternative, a Party may apply different emission reduction strategies that achieve equivalent overall emission levels for all source categories together or, for Parties outside the geographical scope of EMEP, that are necessary to achieve national or regional goals for acidification abatement and to meet national air quality standards.
4.
Lapsed.
5.
Each Party shall apply the limit values for the fuels and new mobile sources identified in annex VIII, no later than the timescales specified in annex VII.
6.
Each Party should apply best available techniques to mobile sources covered by annex VIII and to each stationary source covered by annexes IV, V, VI and X, and, as it considers appropriate, measures to control black carbon as a component of particulate matter, taking into account guidance adopted by the Executive Body.
7.
8.
Each Party shall, subject to paragraph 10:
- a)
Apply, as a minimum, the ammonia control measures specified in annex IX; and
- b)
Apply, where it considers it appropriate, best available techniques for preventing and reducing ammonia emissions, as listed in guidance adopted by the Executive Body.
Special attention should be given to reductions of ammonia emissions from significant sources of ammonia for that Party.
9.
Paragraph 10 shall apply to any Party:
- a)
Whose total land area is greater than 2 million square kilometres;
- b)
Whose annual emissions of sulphur, nitrogen oxides, ammonia, volatile organic compounds and/or particulate matter contributing to acidification, eutrophication, ozone formation or increased levels of particulate matter in areas under the jurisdiction of one or more other Parties originate predominantly from within an area under its jurisdiction that is listed as a PEMA in annex III, and which has presented documentation in accordance with subparagraph c) to this effect;
- c)
Which has submitted upon signature, ratification, acceptance or approval of, or accession to, the present Protocol a description of the geographical scope of one or more PEMAs for one or more pollutants, with supporting documentation, for inclusion in annex III; and
- d)
Which has specified upon signature, ratification, acceptance or approval of, or accession to, the present Protocol its intention to act in accordance with this paragraph.
10.
A Party to which this paragraph applies shall:
- a)
- b)
If not within the geographical scope of EMEP, be required to comply with the provisions of paragraphs 1, 2, 3, 5, 6 and 7 and annex II, only within the relevant PEMA for each pollutant (nitrogen oxides, sulphur, volatile organic compounds and particulate matter) for which a PEMA within its jurisdiction is included in annex III, and shall not be required to comply with paragraph 8 anywhere within its jurisdiction.
11.
Canada and the United States of America shall, upon ratification, acceptance or approval of, or accession to the present Protocol or the amendment contained in decision 2012/2 submit to the Executive Body their respective emission reduction commitments with respect to sulphur, nitrogen oxides, volatile organic compounds and particulate matter for automatic incorporation into annex II.
11 bis.
11 ter.
Each Party shall develop and maintain inventories and projections for the emissions of sulphur dioxide, nitrogen oxides, ammonia, volatile organic compounds, and particulate matter. Parties within the geographic scope of EMEP shall use the methodologies specified in guidelines prepared by the Steering Body of EMEP and adopted by the Parties at a session of the Executive Body. Parties in areas outside the geographic scope of EMEP shall use as guidance the methodologies developed through the workplan of the Executive Body.
11 quater.
Each Party should actively participate in programmes under the Convention on the effects of air pollution on human health and the environment.
11 quinquies.
For the purposes of comparing national emission totals with emission reduction commitments as set out in paragraph 1, a Party may use a procedure specified in a decision of the Executive Body. Such a procedure shall include provisions on the submission of supporting documentation and on review of the use of the procedure.
12.
The Parties shall, subject to the outcome of the first review provided for under article 10, paragraph 2, and no later than one year after completion of that review, commence negotiations on further obligations to reduce emissions.