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UN-ECE Protocol on POPs and Countries with Economies in
Transition
by Mr. Dusan Hrcek
INTRODUCTION
In March 1998 the draft Protocol to the Convention on Long-range
Transboundary Air Pollution (CLRTAP) on persistent pollutants was prepared. The
emissions of many persistent pollutants (POPs) are transported across
international boundaries and are deposited in Europe, North America and Arctic,
far from their site of origin. The atmosphere is the dominant medium of
transport. A strong interest to reduce POPs emissions in Europe and out of
Europe (Canada) led to start the preparation of the UN-ECE Protocol in 1994. On
the request of the Executive Body for the CLRTAP the negotiations started in
1995.
Several countries with economies in transition (CET) took part
in the preparatory phase and in the negotiation as well. They are first of all
Russia, Ukraine, Poland, Czech Republic, Slovakia, Hungary, Bulgaria, Croatia
and Slovenia.
The draft UN-ECE Protocol on POPs focuses on 16 substances:
Pesticides (1): aldrin, chlordane, chlordecone, DDT,
dieldrin, endrin, heptachlor, hexachlorobenzene (HCB), mirex, toxaphene,
hexachlorocyclohexane (HCH) (incl. lindane);
Industrial chemicals (2): hexabromobiphenyl, polychlorinated
biphenyls (PCBs);
By-products or contaminants (3): dioxins,
furans, polycyclic aromatic hydrocarbons (PAHs).
A procedure to amend three annexes: annex I (ban of substances),
annex II (restriction on uses) and annex III (emission reductions) by adding new
substances is foreseen.
The definition of POPs used in the draft Protocol is: Persistent
organic pollutants are organic substances that possess toxic characteristics;
are persistent; bioaccumulate; are prone to long-range transboundary atmospheric
transport and deposition; and are likely to cause significant adverse human
health or environmental effects near to and distant from their sources.
OBLIGATIONS UNDER THE PROTOCOL AND EXEMPTIONS FOR CET
The objective of the Protocol is to control, reduce or eliminate
discharges, emissions and losses of persistent organic pollutants. The most
important article of the Protocol is Article 3 - Basic Obligations:
Substances scheduled for elimination are listed in annex I. The
Protocol bans the production and use of some products (aldrin, chlordane,
chlordecone, dieldrin, endrin, hexabromobiphenyl, mirex and toxaphene).
Substances scheduled for elimination at a later stage are: DDT, heptachlor,
hexachlorobenzene and PCBs. The production and use of HCB are allowed for a
limited purpose as specified in a statement deposited by a CET country upon
signature or accession. In the time of negotiations some CET countries (Russia,
Ukraine) set out problems with elimination of PCBs. That's why the production
and use of PCBs are allowed up to 31 December 2005 for CET countries. For other
countries the obligation of elimination of PCBs is effective upon the date of
entry into force of the Protocol.
Substances scheduled for restrictions on use are listed in annex
II. The Protocol severely restricts the use of DDT, HCH (including lindane) and
PCBs. Limited uses for which there are no adequate substitutes, can be exempted.
DDT will be allowed for public health emergencies. The elimination of the use of
identifiable PCBs in equipment should be as soon as possible, but no later than
31 December 2010 or 31 December 2015 for CET countries. The destruction or
decontamination of liquid PCBs should be no later than 31 December 1015 or 31
December 2020 for CET countries.
Each party to the Protocol shall reduce its total annual
emissions of each of substances listed in annex III from the level of the
emission in a reference year set in accordance with the annex by taking
effective measures, appropriate in its particular circumstances. Substances
scheduled for reductions are: dioxins, furans, PAHs, and HCBs. Emission
reduction should be below the levels in 1990 (or an alternative year between
1985 and 1995 which is more convenient for CET countries).
One of very important basic obligation is the provision in
connection with the emission inventory: 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. The problem for CET countries is that many of them
have no emission inventory for POPs. That's why the reference year for reduction
in accordance with annex III could be specified by a party upon the
ratification. The first estimation of POPs emissions for some CET countries was
prepared TNO institute (the Netherlands).
Limit values for dioxins and furans (PCDD/F) from major
stationary sources are listed in annex IV and they apply to the following
incinerator types:
Municipal solid waste (burning more than 3 tonnes per hour) 0.1
ng TE/m3
Medical solid waste (burning more than 1 tonne per hour) 0.5 ng
TE/m3
Hazardous waste (burning more than 1 tonne per hour) 0.2 ng TE/m3
Major stationary sources categories (12) are listed in annex
VIII.
Best available techniques (BAT) to control emissions of POPs
from major stationary sources are in annex V. BAT could be used to cut emissions
of POPs. A party (a CET country, for instance) may, as an alternative, apply
different emission reduction strategies that achieve equivalent overall emission
levels.
Time scales for the application of limit values and BAT to new
and existing stationary sources listed in annex VI are: For new stationary
sources - two years; for existing stationary sources - eight years after the
date of entry into force of the Protocol. If necessary (mainly for CET
countries), this period may be extended for specific existing stationary sources
in accordance with the amortization period provided for by national legislation.
Recommended control measures for reducing emissions of POPs from
mobile sources are set in annex VII. Annexes V and VII are recommendatory in
character.
CONCLUSIONS
There is evidently a need for global action on reduction of POPs
causing adverse effects on human health and the environment. The UN-ECE is
prepared to share its experience on POPs with other regions of the world. There
is a wide range of countries within UN-ECE, from well developed to developing
ones. CET countries have an important role to test the acceptability of a new
international environmental agreement. The structure of the new protocol on POPs
is simple and flexible and it could be acceptable for majority of CET countries.
The signing procedure of the Protocol will take place in Aarhus
(Denmark) on 24 June 1998 in the time of the ministerial conference 'Environment
for Europe'. The Protocol shall enter into force on the ninetieth day following
the date on which the sixteenth instrument of ratification, acceptance, approval
or accession has been deposited with the depository.
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