Protocol bij het Verdrag van 1979 betreffende grensoverschrijdende luchtverontreiniging over lange afstand, inzake zware metalen
Protocol bij het Verdrag van 1979 betreffende grensoverschrijdende luchtverontreiniging over lange afstand, inzake zware metalen
Opschrift
Protocol to the 1979 Convention on Long-range Transboundary Air Pollution on Heavy Metals
Preambule
The Parties,
Determined to implement the Convention on Long-range Transboundary Air Pollution,
Concerned that emissions of certain heavy metals are transported across national boundaries and may cause damage to ecosystems of environmental and economic importance and may have harmful effects on human health,
Considering that combustion and industrial processes are the predominant anthropogenic sources of emissions of heavy metals into the atmosphere,
Acknowledging that heavy metals are natural constituents of the Earth's crust and that many heavy metals in certain forms and appropriate concentrations are essential to life,
Taking into consideration existing scientific and technical data on the emissions, geochemical processes, atmospheric transport and effects on human health and the environment of heavy metals, as well as on abatement techniques and costs,
Aware that techniques and management practices are available to reduce air pollution caused by the emissions of heavy metals,
Recognizing that countries in the region of the United Nations Economic Commission for Europe (UN/ECE) have different economic conditions, and that in certain countries the economies are in transition,
Resolved to take measures to anticipate, prevent or minimize emissions of certain heavy metals and their related compounds, taking into account the application of the precautionary approach, as set forth in principle 15 of the Rio Declaration on Environment and Development,
Reaffirming that States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental and development policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction,
Mindful that measures to control emissions of heavy metals would also contribute to the protection of the environment and human health in areas outside the UN/ECE region, including the Arctic and international waters,
Noting that abating the emissions of specific heavy metals may provide additional benefits for the abatement of emissions of other pollutants,
Aware that further and more effective action to control and reduce emissions of certain heavy metals may be needed and that, for example, effects-based studies may provide a basis for further action,
Noting the important contribution of the private and non-governmental sectors to knowledge of the effects associated with heavy metals, available alternatives and abatement techniques, and their role in assisting in the reduction of emissions of heavy metals,
Bearing in mind the activities related to the control of heavy metals at the national level and in international forums,
Have agreed as follows:
Article 1. Definitions
For the purposes of the present Protocol,
“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 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;
“Heavy metals” means those metals or, in some cases, metalloids which are stable and have a density greater than 4.5 g/cm3 and their compounds;
“Emission” means a release from a point or diffuse source into the atmosphere;
“Stationary source” means any fixed building, structure, facility, installation, or equipment that emits or may emit a heavy metal listed in annex I directly or indirectly into the atmosphere;
“New stationary source” means any stationary source of which the construction or substantial modification is commenced after the expiry of two years from the date of entry into force of: i) this Protocol; or ii) an amendment to annex I or II, where the stationary source becomes subject to the provisions of this Protocol only by virtue of that amendment. 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;
“Major stationary source category” means any stationary source category that is listed in annex II and that contributes at least one per cent to a Party's total emissions from stationary sources of a heavy metal listed in annex I for the reference year specified in accordance with annex I.