Convention on Long-range Transboundary Air Pollution Implementation Committee, twenty-second meeting Agenda item 5 Note IC5/08/rev.1 page 1 of 3 08/05/2008 OBLIGATIONS OF PARTIES TO THE PROTOCOL ON HEAVY METALS Note by the secretariat This note is a revised version of IC5/08 discussed by the Committee at its twenty-first meeting and reflects the modifications agreed by the Committee at that meeting for the purposes of the in-depth review of the implementation of the Protocol on Heavy Metals. This note presents a summary of the obligations of Parties to the Protocol on Heavy Metals for priority review in a table format. Associated provisions to each priority obligation are also shown. The table also identifies sources of information which can be used to review the compliance with each individual obligation. These include Parties responses to the Questionnaire on strategies and policies, emission data submitted by Parties, and summary tables prepared by the secretariat. The obligation under article 3.3 with reference to paragraph 5 of annex VI will enter into force on 29 December 2008. Nevertheless, questions pertaining to these obligations were included in the 2008 Questionnaire on Strategies and Policies and any information received about their implementation through the responses will be forwarded to the Committee. I. Obligations of the Parties to the Protocol on Heavy Metals for priority review Article Nature Art. 3.1 Reduction of emissions Art. 3.2. (a) Application of BAT Art. 3.2. (b) Application of limit values to new major stationary sources Application of product control measures Emission inventories Art. 3.3 Art. 3.5 Art. 5.1 Art. 7.1 (a) Art. 7.1 (b) 1 2 Development of strategies, policies and programmes Reporting on measures Reporting on emissions Summary of obligation Each Party shall reduce its total annual emissions into the atmosphere of each of the heavy metals listed in annex I from the level of the emission in the reference year set in accordance with that annex by taking effective measures, appropriate to its particular circumstances. Each Party shall, no later than the timescales specified in annex IV, apply: (a) The best available techniques, taking into consideration annex III, to each new stationary source within a major stationary source category for which annex III identifies best available techniques; Each Party shall, no later than the timescales specified in annex IV, apply: (b) The limit values specified in annex V to each new stationary source within a major stationary source category. A Party may, as an alternative, apply different emission reduction strategies that achieve equivalent overall emission levels; In cases in which an exceeding of given limit values cannot be excluded, either emissions or a performance parameter that indicates whether a control device is being properly operated and maintained shall be monitored. (Annex V, para.4) Each Party shall apply product control measures in accordance with the conditions and timescales specified in annex VI. - para.1 to 4 of annex VI - para.5 of annex VI1 Each Party shall develop and maintain emission inventories for the heavy metals listed in annex I, for those Parties within the geographical scope of EMEP, using as a minimum the methodologies 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. Each Party shall develop, without undue delay, strategies, policies and programmes to discharge its obligations under the present Protocol. Subject to its laws governing the confidentiality of commercial information: (a) Each Party shall report, through the Executive Secretary of the Commission, to the Executive Body, on a periodic basis as determined by the Parties meeting within the Executive Body, information on the measures that it has taken to implement the present Protocol; Subject to its laws governing the confidentiality of commercial information: (b) Each Party within the geographical scope of EMEP shall report, through the Executive Secretary of the Commission, to EMEP, on a periodic basis to be determined by the Steering Body of EMEP and approved by the Parties at a session of the Executive Body, information on the levels of emissions of the heavy metals listed in annex I, using as a minimum the Will enter into force on 29 December 2008 Optional Associated provisions Art. 3.6 Info sources Art. 3.6 Q. 33 of the 2008 Questionnaire Q. 34 of the 2008 Questionnaire Art. 3.6, 3.7 Art. 3.6 Emission data received in 2008 Q. 37 and 382 of the 2008 Questionnaire Emission data received in 2008 and 2009 Q. 32 of the 2008 Questionnaire Art. 7.2 Secretariat Note IC 3/08 and its subsequent updates on compliance by Parties with their reporting obligations Secretariat Note IC 2/08 and its subsequent methodologies and the temporal and spatial resolution specified by the Steering Body of EMEP. Parties in areas outside the geographical scope of EMEP shall make available similar information to the Executive Body if requested to do so. In addition, each Party shall, as appropriate, collect and report relevant information relating to its emissions of other heavy metals, taking into account the guidance on the methodologies and the temporal and spatial resolution of the Steering Body of EMEP and the Executive Body. updates on the status of emission data reporting