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Art.3 |
Article 3 |
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Art.3.1 |
1. Except where specifically exempted in accordance with article 4, each Party shall take effective measures: |
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Art.3.1.a |
(a) To eliminate the production and use of the substances listed in annex I in accordance with the implementation requirements specified therein; |
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Art.3.1.b.i |
(b) (i) To ensure that, when the substances listed in annex I are destroyed or disposed of, such destruction or disposal is undertaken in an environmentally sound manner, taking into account relevant subregional, regional and global regimes governing the management of hazardous wastes and their disposal, in particular the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal; |
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Art.3.1.b.ii |
(ii) To endeavour to ensure that the disposal of substances listed in annex I is carried out domestically, taking into account pertinent environmental considerations; |
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Art.3.1.b.iii |
(iii) To ensure that the transboundary movement of the substances listed in annex I is conducted in an environmentally sound manner, taking into consideration applicable subregional, regional, and global regimes governing the transboundary movement of hazardous wastes, in particular the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal; |
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Art.3.1.c |
(c) To restrict the substances listed in annex II to the uses described, in accordance with the implementation requirements specified therein. |
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Art.3.2 |
2. The requirements specified in paragraph 1 (b) above shall become effective for each substance upon the date that production or use of that substance is eliminated, whichever is later. |
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Art.3.3 |
3. For substances listed in annex I, II, or III, each Party should develop appropriate strategies for identifying articles still in use and wastes containing such substances, and shall take appropriate measures to ensure that such wastes and such articles, upon becoming wastes, are destroyed or disposed of in an environmentally sound manner. |
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Art.3.4 |
4. For the purposes of paragraphs 1 to 3 above, the terms waste, disposal, and environmentally sound shall be interpreted in a manner consistent with the use of those terms under the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal. |
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Art.3.5 |
5. Each Party shall: |
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Art.3.5.a |
(a) Reduce its total annual emissions of each of the substances listed in annex III from the level of the emission in a reference year set in accordance with that annex by taking effective measures, appropriate in its particular circumstances; |
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Art.3.5.b |
(b) No later than the timescales specified in annex VI, apply: |
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Art.3.5.b.i |
(i) The best available techniques, taking into consideration annex V, to each new stationary source within a major stationary source category for which annex V identifies best available techniques; |
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Art.3.5.b.ii |
(ii) Limit values at least as stringent as those specified in annex IV to each new stationary source within a category mentioned in that annex, taking into consideration annex V. A Party may, as an alternative, apply different emission reduction strategies that achieve equivalent overall emission levels; |
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Art.3.5.b.iii |
(iii) The best available techniques, taking into consideration annex V, to each existing stationary source within a major stationary source category for which annex V identifies best available techniques, insofar as this is technically and economically feasible. A Party may, as an alternative, apply different emission reduction strategies that achieve equivalent overall emission reductions; |
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Art.3.5.b.iv |
(iv) Limit values at least as stringent as those specified in annex IV to each existing stationary source within a category mentioned in that annex, insofar as this is technically and economically feasible, taking into consideration annex V. A Party may, as an alternative, apply different emission reduction strategies that achieve equivalent overall emission reductions; |
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Art.3.5.b.v |
(v) Effective measures to control emissions from mobile sources, taking into consideration annex VII. |
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Art.3.6 |
6. In the case of residential combustion sources, the obligations set out in paragraph 5 (b) (i) and (iii) above shall refer to all stationary sources in that category taken together. |
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Art.3.7 |
7. Where a Party, after the application of paragraph 5 (b) above, cannot achieve the requirements of paragraph 5 (a) above for a substance specified in annex III, it shall be exempted from its obligations in paragraph 5 (a) above for that substance. |
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Art.3.8 |
8. Each Party shall develop and maintain emission inventories for the substances listed in annex III, and shall collect available information relating to the production and sales of the substances listed in annexes I and II, for those Parties within the geographical scope of EMEP, using, as a minimum, the methodologies and the spatial and temporal resolution specified by the Steering Body of EMEP, and, for those Parties outside the geographical scope of EMEP, using as guidance the methodologies developed through the work plan of the Executive Body. It shall report this information in accordance with the reporting requirements set out in article 9 below. |
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Art.5 |
Article 5 |
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Art.5.1x |
The Parties shall, in a manner consistent with their laws, regulations and practices, create favourable conditions to facilitate the exchange of information and technology designed to reduce the generation and emission of persistent organic pollutants and to develop cost-effective alternatives, by promoting, inter alia: |
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Art.5.1x.a |
(a) 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; |
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Art.5.1x.b |
(b) The exchange of and access to information on the development and use of alternatives to persistent organic pollutants as well as on the evaluation of the risks that such alternatives pose to human health and the environment, and information on the economic and social costs of such alternatives; |
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Art.5.1x.c |
(c) The compilation and regular updating of lists of their designated authorities engaged in similar activities in other international forums; |
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Art.5.1x.d |
(d) The exchange of information on activities conducted in other international forums. |
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Art.7 |
Article 7 |
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Art.7.1 |
1. Each Party shall, no later than six months after the date on which this Protocol enters into force for it, develop strategies, policies and programmes in order to discharge its obligations under the present Protocol. |
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Art.7.2 |
2. Each Party shall: |
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Art.7.2.a |
(a) Encourage the use of economically feasible, environmentally sound management techniques, including best environmental practices, with respect to all aspects of the use, production, release, processing, distribution, handling, transport and reprocessing of substances subject to the present Protocol and manufactured articles, mixtures or solutions containing such substances; |
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Art.7.2.b |
(b) Encourage the implementation of other management programmes to reduce emissions of persistent organic pollutants, including voluntary programmes and the use of economic instruments; |
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Art.7.2.c |
(c) Consider the adoption of additional policies and measures as appropriate in its particular circumstances, which may include non-regulatory approaches; |
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Art.7.2.d |
(d) Make determined efforts that are economically feasible to reduce levels of substances subject to the present Protocol that are contained as contaminants in other substances, chemical products or manufactured articles, as soon as the relevance of the source has been established; |
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Art.7.2.e |
(e) Take into consideration in its programmes for evaluating substances, the characteristics specified in paragraph 1 of Executive Body decision 1998/2 on information to be submitted and procedures for adding substances to annex I, II or III, including any amendments thereto. |
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Art.7.3 |
3. The Parties may take more stringent measures than those required by the present Protocol. |
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Art.8 |
Article 8 |
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Art.8.1x |
The Parties shall encourage research, development, monitoring and cooperation related, but not limited, to: |
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Art.8.1x.a |
(a) Emissions, long-range transport and deposition levels and their modeling, existing levels in the biotic and abiotic environment, the elaboration of procedures for harmonizing relevant methodologies; |
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Art.8.1x.b |
(b) Pollutant pathways and inventories in representative ecosystems; |
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Art.8.1x.c |
(c) Relevant effects on human health and the environment, including quantification of those effects; |
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Art.8.1x.d |
(d) Best available techniques and practices, including agricultural practices, and emission control techniques and practices currently employed by the Parties or under development; |
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Art.8.1x.e |
(e) Methodologies permitting consideration of socio-economic factors in the evaluation of alternative control strategies; |
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Art.8.1x.f |
(f) An effects-based approach which integrates appropriate information, including information obtained under subparagraphs (a) to (e) above, on measured or modeled environmental levels, pathways, and effects on human health and the environment, for the purpose of formulating future control strategies which also take into account economic and technological factors; |
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Art.8.1x.g |
(g) Methods for estimating national emissions and projecting future emissions of individual persistent organic pollutants and for evaluating how such estimates and projections can be used to structure future obligations; |
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Art.8.1x.h |
(h) Levels of substances subject to the present Protocol that are contained as contaminants in other substances, chemical products or manufactured articles and the significance of these levels for long-range transport, as well as techniques to reduce levels of these contaminants, and, in addition, levels of persistent organic pollutants generated during the life cycle of timber treated with pentachlorophenol. Priority should be given to research on substances considered to be the most likely to be submitted under the procedures specified in article 14, paragraph 6. |
