Explanatory Memorandum to COM(2014)750 - Acceptance of the Amendment to the 1998 Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution on Heavy Metals

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dossier COM(2014)750 - Acceptance of the Amendment to the 1998 Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution on Heavy ...
source COM(2014)750 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 Heavy Metals (the Protocol). This Protocol aims to reduce and control anthropogenic emissions into the air of lead (Pb), cadmium (Cd) and mercury (Hg), as harmful heavy metals subject to long-range transboundary atmospheric transport, with a view to further protecting human health and the environment. In this respect, it requires Parties to reduce their total annual emissions of lead, cadmium and mercury below their levels in 1990 (or an alternative year between 1985 and 1995). The Protocol requires Parties to apply best available techniques (BAT) for defined emission source categories and sets emission limit values applicable to specific major stationary sources, including large combustion sources and waste incineration plants. Parties must develop and maintain emission inventories for Pb, Cd and Hg, phase out leaded petrol and reduce mercury concentration levels in alkaline batteries. They are also encouraged to implement product management measures for other mercury-containing products, including measuring devices.

The accession of the Community to the Protocol was approved on behalf of the Community by Council Decision 2001/379/EC of 4 April 20012. The Protocol, which entered into force on 29 December 2003, has been transposed into EU law through several instruments3. Regarding air quality monitoring, these instruments include Directive 2004/107/EC of the European Parliament and of the Council of 15 December 2004 relating to arsenic, cadmium, mercury, nickel and polycyclic aromatic hydrocarbons in ambient air4. As to the requirement to apply BAT for source categories listed in Annex II and emission limit values set out in Annex V to the Protocol, relevant EU legislation includes most notably Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions5. Concerning the product standards on lead and mercury set out in Annex VI to the Protocol, applicable EU legislation includes Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998 relating to the quality of petrol and diesel fuels and amending Council Directive 93/12/EEC6 and Directive 2006/66/EC of the European Parliament and of the Council of 6 September 2006 on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC7. Regarding product management measures listed in Annex VII of the Protocol, relevant EU legislation includes Commission Regulation (EU) No 1103/2010 of 29 November 2010 establishing, pursuant to Directive 2006/66/EC of the European Parliament and of the Council, rules as regards capacity labelling of portable secondary (rechargeable) and automotive batteries and accumulators8, Directive 2002/95/EC of the European Parliament and of the Council of 27 January 2003 on the restriction of the use of certain hazardous substances in electrical and electronic equipment9, Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003 on waste electrical and electronic equipment (WEEE)10 and Directive 2007/51/EC of the European Parliament and of the Council of 25 September 2007 amending Council Directive 76/769/EEC relating to restrictions on the marketing of certain measuring devices containing mercury11 now repealed by entry 18a of Annex XVII of Regulation (EC) No 1907/2006 (REACH)12.

In accordance with Article 10 i of the Protocol, the Parties reviewed the sufficiency and effectiveness of the Protocol obligations. Parties then agreed in 200913 and 201014, 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 has sought in particular to facilitate non-Parties to the Protocol to accede to an amended Protocol and to make the Protocol more adaptable to future developments on the BAT. Accordingly, the Commission was authorised by the Council of the European Union on 26 July 201015 and 11 April 201116 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 31st session of the Executive Body (EB) of the LRTAP Convention of Decisions 2012/5 and 2012/6 that have amended the text and the Annexes II to VI of the Protocol17 and of Decision 2012/7 establishing a BAT guidance document18.

Decision 2012/6, which amends Annex III of the Protocol on the identification of the BAT for controlling emissions of heavy metals and their compounds from the source categories listed in Annex II of this Protocol, does not call for ratification by the Parties. In accordance with Article 13 i of the Protocol, this amendment was communicated to all Parties to the Protocol on 11 October 2013 and entered into force on 9 January 2014. Similarly, Decision 2012/7, as a guidance document, does not require ratification by the Parties.

In accordance with Article 13 i of the Protocol, Decision 2012/5, which amends the text of the Protocol and its Annexes II, IV, V and VI, has to be ratified by the Parties. The amended Protocol sets out, in particular, stricter emission limit values for dust emissions from certain major stationary sources as well as flexible transitional arrangements that shall benefit those Parties that will acceed the Protocol, as amended, between 1st January 2014 and 31 December 2019.

The amendment to the Protocol is largely covered by current EU law notably via existing emission source control legislation, including above-mentioned Directive 2010/75/EU and the Commission Implementing Decisions adopted in accordance with this Directive and which establish the applicable BAT conclusions for various industrial sectors, such as the manufacture of glass19 and the production of iron and steel20, cement, lime and magnesium oxide21 and chlor-alkali22. Additionally, the adoption of Commission Implementing Decisions under Directive 2010/75/EU for the non-ferrous metals industrial sector and the smitheries and foundries industry shall complete EU coverage of the amendment to the Protocol. This amendment 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 lead, cadmium and mercury23.

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

The Annex to this Decision includes the amending text to the Protocol as laid down in Decision 2012/5.