Explanatory Memorandum to COM(2014)749 - Acceptance of the Amendments to the 1998 Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution on Persistent Organic Pollutants

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dossier COM(2014)749 - Acceptance of the Amendments to the 1998 Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution on ...
source COM(2014)749 EN
date 09-01-2015


The 1979 Convention on Long-Range Transboundary Air Pollution (the LRTAP Convention) concluded under the auspices of the UN Economic Commission for Europe (UNECE) is the main international legal framework for cooperation and measures to limit and gradually reduce and prevent air pollution and its adverse effects upon human health and the environment in the UNECE region, with a specific focus on long-range transboundary air pollution.

The LRTAP Convention was signed on behalf of the European Economic Community on 14 November 1979 and approved by Council Decision 81/462/EEC of 11 June 19811.

To date, the LRTAP Convention has been extended by eight Protocols, including the 1998 Aarhus Protocol on Persistent Organic Pollutants (the Protocol). This Protocol aims to control, reduce or eliminate discharges, emissions and losses of persistent organic pollutants (POPs). It requires Parties (i) to eliminate the production and use of the substances, including aldrin, dieldrin and toxaphene, in accordance with the specified implementation requirements, (ii) to restrict the use of dichlorodiphenyltrichloroethane (DDT), hexachlorocyclohexanes (HCH) and polychlorinated biphenyls (PCBs) and (iii) to reduce their total annual emissions of polycyclic aromatic hydrocarbons (PAHs), dioxins/furans (PCDD/PCDF) and of hexachlorobenzene (HCB) from the level of the emission in 1990 (or an alternative year between 1985 and 1995). In this respect, Parties must ensure (i) that operators of major stationary sources of emissions of PCDD/PCDF, PAHs and HCB, including combustion plants, plants producing coke, iron and steel and aluminium and wood preservation installations make use of the best available techniques (BAT), (ii) that certain waste incinerators comply with given emission limit values (ELVs) applicable to PCDD/PCDF, (iii) that effective measures are taken to control POPs emissions from mobile sources and (iv) that POPs, once they become waste, are transported and disposed of in an environmental sound manner. Parties must also develop and maintain emission inventories for PCDD/PCDF, PAHs and HCB and collect information on the production and sales of the other POPs covered by the Protocol. With a view to planning measures and initiatives to comply with all their obligations under the Protocol, Parties are required to develop strategies, policies and programmes.


The accession of the Community to the Protocol was approved on behalf of the Community by Council Decision 2004/259/EC of 19 February 20042. The Protocol, which entered into force on 23 October 2003, has been transposed into EU law through several instruments3. They include most notably Regulation (EC) No 850/2004 of the European Parliament and of the Council of 29 April 2004 on persistent organic pollutants and amending Directive 79/117/EEC4, Directives 2000/76/EC of the European Parliament and of the Council of 4 December 2000 on the incineration of waste5 and 2008/1/EC of the European Parliament and of the Council of 15 January 2008 concerning integrated pollution prevention and control6, now both replaced by Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (IED)7.

In accordance with Article 10 i of the Protocol, the Parties reviewed the sufficiency and effectiveness of the Protocol obligations. Parties then agreed in 20078, based notably upon the proposals by the European Union, on the opening of negotiations for the revision of the text and of the annexes of the Protocol. This revision sought to update the list of POPs covered by the Protocol, to make the Protocol more adaptable to future developments on the BAT and to facilitate accession to the amended Protocol by Parties with an economy in transition. Accordingly, the Commission was authorised by the Council of the European Union in 2008 and 2009 to participate on behalf of the European Union (EU) in the negotiations.

The negotiation process led to the adoption by consensus of the Parties present at the 27th session of the Executive Body (EB) of the LRTAP Convention of Decisions 2009/1, 2009/2 and 2009/3 that have amended the text and the Annexes of the Protocol9 and of Decision 2009/4 updating guidance on the BAT10.

Decision 2009/3, which amends Annex V of the Protocol on the identification of the BAT for controlling emissions of POPs from the source categories listed in Annex VIII of this Protocol and which deletes Annex VII on recommended control measures from reducing emissions of POPs from moblie sources, does not call for ratification by the Parties. In accordance with Article 14 i of the Protocol, this amendment was communicated to all Parties to the Protocol on 14 September 2010 and entered into force on 14 December 2010. As to Decision 2009/4, as a Decision aimed at adopting a guidance document on BAT to control emissions of persistent organic pollutants, it does not require ratification by the Parties.

In accordance with Article 14 i of the Protocol, Decisions 2009/1 and 2009/2, which amend the text of the Protocol and its Annexes I, II, III, IV, VI and VIII, have to be ratified by the Parties. In particular, the amended Protocol includes (i) new substances (hexachlorobutadiene, tetra-, penta-, hexa- and heptabromodiphenyl ethers, pentachlorobenzene, perfluorooctane sulfonate (PFOS), polychlorinated naphthalenes and short-chain chlorinated paraffins (SCCP)), (ii) updates the implementation requirements applicable to DDT, heptachlor, hexachlorobenzene and PCBs and the ELVs applicable to PCDD/PCDF emissions from certain waste incinerators, (iii) establishes new ELVs for PCDD/PCDF emissions from sinter-plants and electric arc furnaces, and (iv) adds PCBs to the list of substances the annual emissions of which must remain below the emission level of the reference year and must be reported. The amended Protocol provides also some flexibility for Parties with an economy in transition that acceed to the amended Protocol regarding the timeframes for the application of the ELVs and of the BAT and the choice of the reference year as the basis upon which Parties must reduce their total annual emissions of PCDD/PCDF, PAHs, HCB and PCBs.

EU legislation, notably Commission Regulations (EU) No 756/2010 and 757/2010 of 24 August 201011 and 519/2012 of 19 June 201212, amending Regulation (EC) No 850/2004, as well as the above-mentioned IED and the Commission Implementing Decisions adopted under it and establishing the BAT conclusions for various industrial sectors, in particular the production of iron and steel13, transposes fully the requirements of the amendments to the Protocol. The specific and conditional exemptions for the production, placing on the market and use of SCCP and PFOS set out in EU legislation are in conformity with the allowable exemptions as provided for in the Protocol, as amended.

These amendments shall be further transposed in particular via a new Directive setting updated national emission ceilings for certain atmopsheric pollutants and providing for annual national emission inventories that shall cover, among others, emissions of POPs, including PAHs, PCDD/PCDF, HCB and PCBs14.

In view of the above, it is appropriate for the European Union to accept the Amendments to the Protocol.

The Annexes to this Decision include the amending texts to the Protocol as laid down in Decisions 2009/1 and 2009/2.