PROTOCOL TO THE 1979
CONVENTION ON LONG-RANGE TRANSBOUNDARY AIR POLLUTION
ON
THE REDUCTION OF SULPHUR EMISSIONS OR THEIR TRANSBOUNDARY FLUXES
BY AT LEAST 30 PER CENT (1985)
ENTERED INTO FORCE: 2 September 1987
The Parties,
Determined to implement the Convention on Long-range Transboundary Air
Pollution,
Concerned that the present emissions of air pollutants are causing
widespread damage, in exposed parts of Europe and North America, to
natural resources of vital environmental and economic importance, such as
forests, soils and waters, and to materials (including historical
monuments) and, under certain circumstances, have harmful effects on
human health,
Aware of the fact that the predominant sources of air pollution
contributing to the acidification of the environment are the combustion
of fossil fuels for energy production, and the main technological
processes in various industrial sectors, as well as transport, which lead
to emissions of sulfur dioxide, nitrogen oxides, and other pollutants.
Considering that high priority should be given to reducing sulfur
emissions, which will have positive results environmentally, on the
overall economic situation and on human health,
Recalling the decision of the United Nations Economic Commission for
Europe (ECE) at its thirty-ninth session. which stresses the urgency of
intensifying efforts to arrive at coordinated national strategies and
policies in the ECE region to reduce sulfur emissions effectively at
national levels,
Recalling the recognition by the Executive Body for the Convention at its
first session of the need to decrease effectively the total annual
emissions of sulfur compounds or their transboundary fluxes by 1993-1995,
using 1980 levels as the basis for calculations of reductions,
Recalling that the Multilateral Conference on the Causes and Prevention
of Damage to Forests and Water by Air Pollution in Europe (Munich, 24-27
June 1984) had requested that the Executive Body for the Convention, as a
matter of highest priority, adopt a proposal for a specific agreement on
the reduction of annual national sulfur emissions or their transboundary
fluxes by 1993 at the latest,
Noting that a number of Contracting Parties to the Convention have
decided to implement reductions of their national annual sulfur emissions
or their transboundary fluxes by at least 30 percent as soon as possible
and at the latest by 1993, using 1980 levels as the basis for calculation
of reductions,
Recognizing, on the other hand, that some Contracting Parties to the
Convention, while not signing the present Protocol at the time of its
opening for signature, will nevertheless contribute significantly to the
reduction of transboundary air pollution, or will continue to make
efforts to control sulfur emissions, as stated in the document annexed to
the report of the Executive Body at its third session,
Have agreed as follows:
Article 1
Definitions
For the purposes of the present Protocol,
1. "Convention" means the Convention on Long-range Transboundary Air
Pollution, adopted in Geneva on 13 November 1979;
2. "EMEP" means the Cooperative Programme for Monitoring and Evaluation
of the Long-range Transmission of Air Pollutants in Europe;
3. "Executive Body" means the Executive Body for the Convention
constituted under article 10, paragraph 1 of the Convention;
4. "Geographical scope of EMEP" means the area defined in article 1,
paragraph 4 of the Protocol to the 1979 Convention on Long-range
Transboundary Air Pollution on Long-term Financing of the Cooperative
Programme for Monitoring and Evaluation of the Long-range Transmission of
Air Pollutants in Europe (EMEP), adopted in Geneva on 28 September 1984;
5. "Parties" means, unless the context otherwise requires, the Parties to
the present Protocol.
Article 2
Basic provisions
The Parties shall reduce their national annual sulfur emissions or their
transboundary fluxes by at least 30 per cent as soon as possible and at
the latest by 1993, using 1980 levels as the basis for calculation of
reductions.
Article 3
Further reductions
The Parties recognize the need for each of them to study at the national
level the necessity for further reductions, beyond those referred to in
article 2, of sulfur emissions or their transboundary fluxes when
environmental conditions warrant.
Article 4
Reporting of annual emissions
Each Party shall provide annually to the Executive Body its levels of
national annual sulfur emissions, and the basis upon which they have been
calculated.
Article 5
Calculations of transboundary fluxes
EMEP shall in good time before the annual meetings of the Executive Body
provide to the Executive Body calculations of sulfur budgets and also of
transboundary fluxes and depositions of sulfur compounds for each
previous year within the geographical scope of EMEP, utilizing
appropriate models. In areas outside the geographical scope of EMEP,
models appropriate to the particular circumstances of Parties therein
shall be used.
Article 6
National programmes, policies and strategies
The Parties shall, within the framework of the Convention, develop
without undue delay national programmes, policies and strategies which
shall serve as a means of reducing sulfur emissions or their
transboundary fluxes, by at least 30 per cent as soon as possible and at
the latest by 1993, and shall report thereon as well as on progress
towards achieving the goal to the Executive Body.
Article 7
Amendments to the Protocol
1. Any Party may propose amendments to the present Protocol.
2. Proposed amendments shall be submitted in writing to the Executive
Secretary of the Economic Commission for Europe who shall communicate
them to all Parties. The Executive Body shall discuss the proposed
amendments at its annual meeting provided that such proposals have been
circulated by the Executive Secretary of the Economic Commission for
Europe to the Parties at least 90 days in advance.
3. An amendment to the present Protocol shall be adopted by consensus of
the representatives of the Parties, and shall enter into force for the
Parties which have accepted it on the ninetieth day after the date on
which two-thirds of the Parties have deposited their instruments of
acceptance of the amendment. The amendment shall enter into force for any
other Party on the ninetieth day after the date on which that Party
deposits its instrument of acceptance of the amendment.
Article 8
Settlement of disputes
If a dispute arises between two or more Parties as to the interpretation
or application of the present Protocol, they shall seek a solution by
negotiation or by any other method of dispute settlement acceptable to
the parties to the dispute.
Article 9
Signature
1. The present Protocol shall be open for signature at Helsinki (Finland)
from 8 July 1985 until 12 July 1985 inclusive, by the member States of
the Economic Commission for Europe as well as States having consultative
status with the Economic Commission for Europe, pursuant to paragraph 8
of Economic and Social Council resolution 36 (IV) of 28 March 1947, and
by regional economic integration organizations, constituted by sovereign
States members of the Economic Commission for Europe, which have
competence in respect of the negotiation, conclusion and application of
international agreements in matters covered by the present Protocol,
provided that the States and organizations concerned are Parties to the
Convention.
2. In matters within their competence, such regional economic integration
organizations shall, on their own behalf, exercise the rights and fulfill
the responsibilities which the present Protocol attributes to their
member States. In such cases, the member States of these organizations
shall not be entitled to exercise such rights individually.
Article 10
Ratification, acceptance, approval and accession
1. The present Protocol shall be subject to ratification, acceptance or
approval by Signatories.
2. The present Protocol shall be open for accession as from 13 July 1985
by the States and organizations referred to in article 9, paragraph 1.
3. A State or organization acceding to the present Protocol after its
entry into force shall implement article 2 at the latest by 1993.
However, if the Protocol is acceded to after 1990, article 2 may be
implemented later than 1993 by the Party concerned but not later than
1995, and such a Party shall implement article 6 correspondingly.
4. The instruments of ratification, acceptance, approval or accession
shall be deposited with the Secretary-General of the United Nations, who
will perform the functions of depositary.
Article 11
Entry into force
1. The present 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.
2. For each State and organization referred to in article 9, paragraph 1,
which ratifies, accepts or approves the present Protocol or accedes
thereto after the deposit of the sixteenth instrument of ratification,
acceptance, approval, or accession, the Protocol shall enter into force
on the ninetieth day after the date of deposit by such Party of its
instrument of ratification, acceptance, approval, or accession.
Article 12
Withdrawal
At any time after five years from the date on which the present Protocol
has come into force with respect to a Party, that Party may withdraw from
it by giving written notification to the depositary. Any such withdrawal
shall take effect on the ninetieth day after the date of its receipt by
the depositary.
Article 13
Authentic texts
The original of the present Protocol, of which the English, French and
Russian texts are equally authentic, shall be deposited with the
Secretary-General of the United Nations.
In witness whereof the undersigned, being duly authorized thereto, have
signed the present Protocol.
Done at Helsinki this eighth day of July one thousand nine hundred and
eighty-five.