Explanatory Memorandum to COM(2004)635 - Conclusion of the UN-ECE Protocol on Pollutant Release and Transfer Registers - Main contents
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| dossier | COM(2004)635 - Conclusion of the UN-ECE Protocol on Pollutant Release and Transfer Registers. |
|---|---|
| source | COM(2004)635  |
| date | 06-10-2004 |
The Protocol on Pollutant Release and Transfer Registers was signed at an extra-ordinary meeting of the Parties to the Convention on 21 May 2003. The meeting took place in the framework of the fifth Environment for Europe Ministerial Conference, Kiev, 21-23 May 2003.
The Protocol is the first legally binding multilateral agreement, beyond the borders of the EU, on pollutant release and transfer registers. Its objective is 'to enhance public access to information through the establishment of coherent, nationwide pollutant release and transfer registers (PRTRs) ...' Although regulating information on pollution, rather than pollution directly, the protocol is expected to exert a significant downward pressure on levels of pollution.
The establishment of coherent pollution inventories or registers on a structured, computerized and publicly accessible database compiled through standardised reporting is one of the obligations of the Aarhus Convention on access to information, public participation in decision-making and access to justice in environmental matters (see Article 5 paragraph 9). The Protocol was developed by a Working Group established under the auspices of the Convention, which held eight sessions between February 2001 and January 2003. A Task Force, established by the Meeting of Signatories held two meetings which inter alia collected and discussed national experience with PRTRs and recommendations for further work on PRTRs under the Convention, which led to the setting up of the Working Group.
The Protocol requires each Party to establish a PRTR which
- is publicly accessible through Internet, free of charge
- is searchable according to separate parameters (facility, pollutant, location,
- medium, etc.)
- is user-friendly in its structure and provide links to other relevant registers,
- presents standardized, timely data on a structured, computerized database;
- covers releases and transfers of at least 86 pollutants covered by the Protocol, such as greenhouses gases, acid rain pollutants, ozone-depleting substances, heavy metals, and certain carcinogens, such as dioxins;
- covers releases and transfers from certain types of major point sources
- (e.g. thermal power stations, mining and metallurgical industries, chemical plants, waste and waste-water treatment plants, paper and timber industries);
- accommodates available data on releases from diffuse sources
- (e.g. transport and agriculture);
- has limited confidentiality provisions;
- allows for public participation in its development and modification.
A PRTR should be based on a reporting scheme which is
- mandatory
- annual
- multimedia (air, water, land)
- facility-specific
- pollutant-specific for releases
- pollutant-specific or waste-specific for transfers.
All States can sign and ratify the Protocol, including those which have not ratified the Convention and those which are not members of the Economic Commission for Europe and is thus a global protocol.
Article 20 of the Protocol lays down special procedures for amendments to annexes of the Protocol. These annexes list the activities covered, including thresholds (annex I), the pollutants to be reported (annex II) and the reporting format (annex III).
Any amendment, be it of the Protocol itself or of the annexes, is subject to a decision by the Meeting of the Parties. Amendments of the Protocol itself are subject to a regular ratification procedure.
For amendments to an annex, Articles 20(8) and 20(9) of the Protocol foresee that if '...a Party that does not accept such an amendment (it) shall so notify the Depositary in writing within twelve months from the date of its circulation by the Depositary. The Depositary shall without delay inform all Parties of any such notification received. A Party may at any time withdraw a previous notification of non-acceptance, whereupon the amendment to an annex shall enter into force for that Party. On the expiry of twelve months from the date of its circulation by the Depositary ..., an amendment to an annex shall enter into force for those Parties which have not submitted a notification to the Depositary ..., provided that, at that time, not more than one third of those which were Parties at the time of the adoption of the amendment have submitted such a notification.'
This constitutes a 'fast-track approach' that might lead to an automatic entry into force of an amendment to an annex for any Party unable to react appropriately, for whatever reasons, in case of non-acceptance of such an amendment.
It seems therefore appropriate to foresee, within the Community's decision-making process, appropriate measures to ensure a smooth and timely reaction. The Proposal therefore contains a provision granting a general mandate to the Commission to participate, on behalf of the Community, in the negotiation of amendments to the annexes, as well as for the case that the Community has to notify non-acceptance.
2. Community legislation
On 17 July 2000 the Commission adopted a Decision on the implementation of a European pollutant emission register (EPER) according to Article 15 of Council Directive 96/61/EC concerning integrated pollution prevention and control (IPPC) i. The Register became operational by February 2004. It already implements many key elements of the Protocol: harmonised reporting rules, public accessibility by electronic means, broad coverage of sources (industrial facilities) and polluting substances. The obligations of the Protocol extend beyond the scope of EPER mainly in terms of facilities covered, substances to report, coverage of off-site waste transfers and the periodicity of reporting.
In order to ensure full compliance with the Protocol, the Commission has submitted a Proposal for a Regulation on the implementation of a European Pollutant Release and Transfer Register (E-PRTR), COM (2004) xxx final. This legal Community act is also designed to ensure full compliance with Art.5 (9) of the Aarhus Convention.
It is worth noting that the Community signed the Aarhus Convention and recently adopted a proposal for its approval (COM (2003)625 final of 24.10.2003). A number of other legislative acts have already been adopted or at least proposed in order to ensure the Community's compliance with the provisions of the Convention i.
3. Community competence
The Community, together will all Member States at that point in time as well as the candidate countries (Malta and Slovakia excepted), signed the Protocol in May 2003.
The European Community, in accordance with the Treaty and in particular Article 175 i thereof, is competent for entering into international agreements and for implementing the obligations resulting there from, obligations which contribute to the pursuit of the objectives listed in Article 174 i of the EC Treaty.
Under this Article, the Treaty establishes the objectives of the Community policy on the environment as follows: preserving, protecting and improving the quality of the environment, protecting human health, prudent and rational utilisation of natural resources, promoting measures at the international level to deal with regional or worldwide environmental problems.
The improvement of the public's access to information by means of a PRTR is an essential tool to ensure public awareness on environmental issues and to promote better implementation of environmental legislation. A PRTR is also a powerful information tool for the policy makers themselves. Thus, it contributes to strengthen the effectiveness of environmental policy established in the view of the above mentioned objectives.
By signing both the Aarhus Convention and the UN-ECE PRTR Protocol, the European Community has undertaken to introduce the necessary measures to adhere to the two multilateral environmental agreements. The Commission has submitted appropriate legal proposals to this effect. Moreover, Community competence has already been exerted in this field by the establishment of a Community-wide European Pollutant Emissions Register.
4. Conclusion
The Community should therefore conclude the UN-ECE Protocol on Pollutant Release and Transfer Registers. The Council is invited to approve the Protocol by adopting the attached proposal for a Decision.