PROTOCOL TO THE 1979
CONVENTION ON LONG-RANGE TRANSBOUNDARY AIR POLLUTION
ON
LONG-TERM FINANCING OF CO-OPERATIVE PROGRAMME FOR MONITORING AND
EVALUATION OF THE LONG-TERM TRANSMISSION OF AIR POLLUTANTS IN EUROPE
(EMEP) (1984)
ENTERED INTO FORCE: 28 January 1988
The Contracting Parties,
Recalling that the Convention on Long-range Transboundary Air Pollution
(hereinafter referred to as "the Convention") entered into force on 16
March 1983,
Aware of the importance of the "Cooperative programme for the monitoring
and evaluation of the long-range transmission of air pollutants in
Europe" (hereinafter referred to as EMEP), as provided in Articles 9 and
10 of the Convention,
Cognizant of the positive results achieved so far in the implementation
of EMEP,
Recognizing that the implementation of EMEP has hitherto been made
possible by financial means provided by the United Nations Environment
Programme (UNEP) and by voluntary contributions from Governments,
Bearing in mind that since the UNEP contribution will continue only until
the end of 1984, and that since this contribution together with the
voluntary contributions from Governments have been inadequate to support
fully the EMEP work plan, it will therefore be necessary to provide for
long-term funding after 1984,
Considering the appeal of the Economic Commission for Europe to ECE
member Governments, contained in its decision B (XXXVIII), to make
available, on a basis to be agreed at the first meeting of the Executive
Body for the Convention (hereinafter referred to as the "Executive
Body"), the financial resources to enable the Executive Body to carry out
its activities, in particular as regards the work of EMEP,
Noting that the Convention does not contain any provisions for financing
EMEP and that it is, therefore, necessary to make appropriate
arrangements regarding this matter,
Considering the elements to guide the drafting of a formal instrument
supplementing the Convention, as listed in recommendations adopted by the
Executive Body at its first session (7 to 10 June 1983),
Have agreed as follows:
Article 1
Definitions
For the purposes of the present Protocol:
1. "UN assessment rate" means a Contracting Party's rate for the
financial year in question in the scale of assessments for the
apportionment of the expenses of the United Nations.
2. "Financial year" means the financial year of the United Nations; and
"annual basis" and "annual costs" shall be construed accordingly.
3. "General Trust Fund" means the General Trust Fund for the Financing of
the Implementation of the Convention on Long-range Transboundary Air
Pollution, which has been established by the Secretary-General of the
United Nations.
4. "Geographical scope of EMEP" means the area within which, coordinated
by the international centres of EMEP, a/ monitoring is carried out.
[ a/ The international centres are at present: the Chemical
Coordinating Centre, the Meteorological Synthesizing Centre-East
and the Meteorological Synthesizing Centre-West. ]
Article 2
Financing of EMEP
The financing of EMEP shall cover the annual costs of the international
centres cooperating within EMEP for the activities appearing in the work
programme of the Steering Body of EMEP.
Article 3
Contributions
1. In accordance with the provisions of this Article the financing of
EMEP shall consist of mandatory contributions, supplemented by voluntary
contributions. Contributions may be made in convertible currency, non-
convertible currency, or in kind.
2. Mandatory contributions shall be made on an annual basis by all
Contracting Parties to the present Protocol which are within the
geographical scope of EMEP.
3. Voluntary contributions may be made by the Contracting Parties or
Signatories to the present Protocol, even if their territory lies outside
the geographical scope of EMEP, as well as, subject to approval by the
Executive Body, on the recommendation of the Steering Body of EMEP, by
any other country, organization or individual which wishes to contribute
to the work programme.
4. The annual costs of the work programme shall be covered by the
mandatory contributions. Contributions in cash and in kind, such as those
provided by host countries for international centres, shall be specified
in the work programme. Voluntary contributions may, subject to the
approval by the Executive Body, on the recommendation of the Steering
Body, be utilized either for reducing the mandatory contributions or for
financing specific activities within the scope of EMEP.
5. Mandatory and voluntary contributions in cash shall be deposited in
the General Trust Fund.
Article 4
Sharing of costs
1. Mandatory contributions shall be made in accordance with the terms of
the Annex to the present Protocol.
2. The Executive Body shall consider the need to amend the Annex:
(a) if the annual budget of EMEP increases by a factor of two and half
times the level of the annual budget adopted for the year of entry into
force of the present Protocol or for the year of last amendment of the
Annex, whichever is later; or
(b) if the Executive Body, on the recommendation of the Steering Body,
designates a new international centre; or
(c) six years after the entry into force of the present Protocol, or
six years after the last amendment to the Annex, whichever is later.
3. Amendments to the Annex shall be adopted by consensus of the Executive
Body.
Article 5
Annual budget
An annual budget for EMEP shall be drawn by the Steering Body of EMEP,
and shall be adopted by the Executive Body not later than one year in
advance of the financial year to which it applies.
Article 6
Amendments to the Protocol
1. Any Contracting Party to the present Protocol may propose amendments
to it.
2. The text of proposed amendments shall be submitted in writing to the
Executive Secretary of the Economic Commission for Europe, who shall
communicate them to all Contracting Parties to the Protocol. The
Executive Body shall discuss the proposed amendments at its next annual
meeting provided that such proposals have been circulated by the
Executive Secretary of the Economic Commission for Europe to the
Contracting Parties to the Protocol at least 90 days in advance.
3. An amendment to the present Protocol, other than an amendment to its
Annex, shall be adopted by consensus of the representatives of the
Contracting Parties to the Protocol, and shall enter into force for the
Contracting Parties to the Protocol which have accepted it on the
ninetieth day after the date on which two-thirds of those Contracting
Parties have deposited with the depositary their instruments of
acceptance of the amendment. The amendment shall enter into force for any
other Contracting Party on the ninetieth day after the date on which that
Contracting Party deposits its instrument of acceptance of the amendment.
Article 7
Settlement of disputes
If a dispute arises between two or more Contracting Parties to the
present Protocol as to its interpretation or application, they shall seek
a solution by negotiation or by any other method of dispute settlement
acceptable to the parties to the dispute.
Article 8
Signature
1. The present Protocol shall be open for signature at the United Nations
Office in Geneva from 28 September 1984 until 5 October 1984 inclusive,
then at the Headquarters of the United Nations in New York until 4 April
1985, 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 9
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 5 October
1984 by the States and organizations referred to in Article 8, paragraph
1.
3. 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 the depositary.
Article 10
Entry into force
1. The present Protocol shall enter into force on the ninetieth day
following the date on which:
(a) instruments of ratification, acceptance, approval or accession
have been deposited by at least 19 States and Organizations referred to
in Article 8, paragraph 1, which are within the geographical scope of
EMEP; and
(b) the aggregate of the UN assessment rates for such States and
organizations exceeds forty per cent.
2. For each State and Organization referred to in Article 8, paragraph 1,
which ratifies, accepts or approves the present Protocol or accedes
thereto after the requirements for entry into force laid down in
paragraph 1 above have been met, the Protocol shall enter into force on
the ninetieth day after the date of deposit by such State or Organization
of its instrument of ratification, acceptance, approval or accession.
Article 11
Withdrawal
1. At any time after five years from the date on which the present
Protocol has come into force with respect to a Contracting Party, that
Contracting 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.
2. Withdrawal shall not affect the financial obligations of the
withdrawing Party until the date on which the withdrawal takes effect.
Article 12
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 Geneva, this twenty-eighth day of September one thousand nine
hundred and eighty-four.
Annex referred to in article 4 of the Protocol to the 1979 Convention on
Long-range Transboundary Air Pollution on Long-term financing of the Co-
operative Programme for Monitoring and Evaluation of the Long-range
Transmission of Air Pollutants in Europe (EMEP)
Mandatory contributions for sharing of costs for financing the
Co-operative Programme for Monitoring and Evaluation of the Long-range
Transmission of Air Pollutants in Europe (EMEP), shall be calculated
according to the following scale:
%
Austria 1.59
Bulgaria 0.35
Byelorussian SSR 0.71
Czechoslovakia 1.54
Finland 1.07
German Democratic Republic 2.74
Holy See 0.02
Hungary 0.45
Iceland 0.06
Liechtenstein 0.02
Norway 1.13
Poland 1.42
Portugal 0.30
Romania 0.37
San Marino 0.02
Spain 3.54
Sweden 2.66
Switzerland 2.26
Turkey 0.60
Ukrainian SSR 2.60
USSR 20.78
Yugoslavia 0.60
Member countries of the European Economic Community:
Belgium 2.36
Denmark 1.38
France 11.99
Germany, Federal Republic of 15.73
Greece 1.00
Ireland 0.50
Italy 6.89
Luxembourg 0.10
Netherlands 3.28
United Kingdom 8.61
EEC 3.33
TOTAL 100.00
The order in which the Contracting Parties are listed in this Annex is
specifically made in relation to the cost-sharing system agreed upon by
the Executive Body for the Convention. Accordingly, the listing is a
feature which is specific to the Protocol on the financing of EMEP.