On the Ratification of the Protocol on Pollutant Release and Transfer Registers to the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters

The Law of the Republic of Kazakhstan dated December 12, 2019 No. 279-VI SAM.

      PRESS RELEASE              

      To ratify the Protocol on Pollutant Release and Transfer Registers to the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters, signed in Kiev on May 21, 2003.        

     President          Republic of Kazakhstan

K. TOKAEV        

PROTOCOL ON POLLUTANT RELEASE AND TRANSFER REGISTERS      

     (Entered into force on April 22, 2020, Bulletin of International Treaties of the Republic of Kazakhstan 2020, No. 4, Article 16)  

      The Parties to this Protocol,      

      Recalling articles 5, paragraph 9, and 10, paragraph 2, of the 1998 Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Aarhus Convention),  

      Recognizing that pollutant release and transfer registers provide a powerful mechanism for increasing corporate accountability, reducing pollution and promoting sustainable development, as outlined in the Lucca Declaration adopted at the First Meeting of the Parties to the Aarhus Convention,  

      Bearing in mind principle 10 of the Rio Declaration on Environment and Development of 1992,  

      Bearing in mind also the principles and commitments agreed upon at the 1992 United Nations Conference on Environment and Development, in particular the provisions of chapter 19 of Agenda 21,  

      Taking note of the Programme of Action for the Further Implementation of Agenda 21, adopted by the United Nations General Assembly at its nineteenth special session in 1997, in which it called, inter alia, for building the capacity and capacities of countries to collect, process and disseminate information with a view to increasing public access to information on global environmental issues problems with the use of appropriate tools,  

      Bearing in mind the Action Plan for the Implementation of the Outcomes of the 2002 World Summit on Sustainable Development, which calls for the accumulation of coherent, integrated information on chemicals, for example through national pollutant release and transfer registers,  

      Taking into account the results of the Intergovernmental Forum on Chemical Safety, in particular the Bahia Declaration on Chemical Safety, Priorities for Action after 2000 and the Action Plan on Pollutant Release and Transfer Registers/Emission Inventories,  

      Taking into account also the activities carried out within the framework of the Inter-Organizational Program for the Safe Management of Chemicals,  

      Further taking into account the results of the activities of the Organization for Economic Cooperation and Development, in particular the recommendation of its Council on the introduction of pollutant release and transfer registers, in which the Council calls on member countries to establish national pollutant release and transfer registers and make them publicly available,  

      Striving to create a mechanism that promotes the realization of the right of every person of present and future generations to live in an environment favorable to their health and well-being by creating environmental information systems accessible to the public,  

      Striving also to ensure that the establishment and improvement of such systems take into account principles conducive to sustainable development, such as the precautionary approach set out in principle 15 of the Rio Declaration on Environment and Development of 1992,  

      Recognizing the link between adequate environmental data information systems and the implementation of the rights enshrined in the Aarhus Convention,  

      Noting the need for cooperation with other initiatives related to pollutants and wastes, including the Stockholm Convention on Persistent Organic Pollutants of 2001 and the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal of 1989,  

      Recognizing that the objectives of an integrated approach to minimizing pollution and waste generated from the operation of industrial installations and other sources are to ensure a high level of environmental protection in general, promote sustainable and environmentally sound development, and protect the health of present and future generations,

      Convinced of the value of pollutant release and transfer registers as a cost-effective tool to help improve environmental performance, to provide public access to information on pollutant releases in community areas and the transfer of pollutants into and through such communities, and for use by Governments in identifying trends and demonstrating progress in reducing pollution, monitoring compliance with a number of international agreements, setting priorities and assessing progress, achieved through the implementation of environmental policies and programs,  

      Believing that pollutant release and transfer registers can provide tangible benefits to industry through improved pollutant management,  

      Noting the possibilities for using data from pollutant release and transfer registers in combination with medical, environmental, demographic, economic or other relevant information to enhance understanding of potential problems, identify hot spots, take preventive and mitigation measures, and set priorities for environmental management,  

      Recognizing the importance of ensuring confidentiality for identified or identifiable individuals when processing information submitted to pollutant release and transfer registers in accordance with applicable international data protection standards,  

      Recognizing also the importance of establishing and improving internationally comparable national pollutant release and transfer register systems to enhance data comparability,  

      Noting that many Member States of the United Nations Economic Commission for Europe, the European Community and the Parties to the North American Free Trade Agreement are taking measures to collect data on emissions and transfers of pollutants from various sources and to make these data available to the public, and recognizing that, especially in this area, some countries have been for a long time We have gained valuable experience over a period of time,  

      Considering the different approaches used in the existing emission registers and the need to avoid duplication, and recognizing in this regard the need for a certain degree of flexibility,  

      Urging the consistent improvement of national pollutant release and transfer registers,  

      Urging also the establishment of links between national pollutant release and transfer registers and information systems on other emissions of concern to the public,  

      We have agreed on the following:  

Article 1 Purpose    

      The purpose of this Protocol is to enhance public access to information by establishing, in accordance with the provisions of this Protocol, harmonized, integrated national pollutant release and transfer registers (PRTRs) that could facilitate public participation in environmental decision-making and contribute to the prevention and reduction of environmental pollution.  

Article 2 Definitions  

      For the purposes of this Protocol  

      1. "Party", unless otherwise indicated in the text, means the State or regional economic integration organization referred to in article 24 that have agreed to be bound by the provisions of this Protocol and for which the Protocol has entered into force.  

      2. "Convention" means the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters, drawn up in Aarhus, Denmark, on 25 June 1998.  

      3. "Public" means one or more natural or legal persons and, in accordance with national legislation or practice, their associations, organizations or groups.  

      4. "Facility" means one or more installations on the same site or on adjacent sites that are owned by the same natural or legal person or operated by the same natural or legal person.  

      5. "Competent authority" means a national authority or authorities or any other competent institution or institutions designated by a Party to maintain a national system of pollutant release and transfer registers.  

      6. "Pollutant" means a substance or group of substances that may be harmful to the environment or human health due to their properties and as a result of their introduction into the environment.  

      7. "Release" means any introduction of pollutants into the environment as a result of any anthropogenic activity, regardless of whether it is intentional or accidental, planned or unplanned, including spillage, emission, release, injection, disposal or discharge into landfills or through sewage systems without final wastewater treatment.  

8. "Off-site transfer" means the movement outside the facility of pollutants or waste intended for disposal or recovery, and pollutants contained in wastewater intended for treatment.  

     9. "Diffuse sources" means a multitude of small or dispersed sources from which pollutants can be released into the ground, air or water, the cumulative impact of which on these environmental components can be significant and for which it is impractical to collect reports on each individual source.

      10. The terms "national" and "nationwide" in relation to the obligations imposed under this Protocol on the Parties that are regional economic integration organizations, are understood, unless otherwise specified in the text, as related to this region.  

      11. "Waste" means substances or objects that:  

      a) are removed or recovered;  

      (b) Are intended for disposal or recovery; or  

      (c) Be disposed of or recovered in accordance with the provisions of national legislation.  

      12. "Hazardous waste" means waste that is defined as hazardous by the provisions of national legislation.  

      13. "Other waste" means waste that is not hazardous.  

      14. "Waste water" means used water containing substances or objects subject to regulation by national legislation.  

Article 3 General provisions

      1. Each Party shall take the necessary legislative, regulatory and other measures, as well as appropriate enforcement measures, to implement the provisions of this Protocol.  

      2. The provisions of this Protocol shall not affect the right of a Party to maintain or establish more extensive or more publicly accessible registers of pollutant releases and transfers than required by this Protocol.  

      3. Each Party shall take the necessary measures to ensure that employees of a facility and members of the public who report violations of national laws adopted in implementation of this Protocol to government authorities are not penalized, harassed or harassed by that facility or government authorities for their actions related to reporting this violation. violation.  

      4. In implementing this Protocol, each Party shall follow the precautionary approach set out in principle 15 of the Rio Declaration on Environment and Development of 1992.  

      5. In order to reduce duplication in reporting, pollutant release and transfer register systems can be integrated, as far as practicable, with existing sources of information, such as reporting mechanisms provided for by licenses or operating permits.  

      6. The Parties shall strive to ensure the convergence of national pollutant release and transfer registers.  

Article 4   The main elements of the pollutant release and transfer register system  

      In accordance with this Protocol, each Party shall establish and maintain a national register of pollutant releases and transfers accessible to the public, which:  

      (a) A site-specific breakdown is maintained with respect to point source reporting;  

      b) includes data on diffuse sources;  

      (c) Is broken down by specific pollutants or by specific waste, as appropriate;  

      d) covers various components of the environment, distinguishing between emissions to air, land and water;  

      e) includes information about transfers;  

      (f) Is based on mandatory reporting provided on a periodic basis;  

      (g) Includes standardized and timely data reporting, a limited number of standardized thresholds for reporting, and, if available, a limited number of confidentiality provisions;  

      h) is logically consistent and should be user-friendly and accessible to the public, including in electronic form.;  

      (i) Provides for public participation in its creation and modification; and  

      j) is a structured and computerized database or a series of related databases maintained by a competent authority.  

Article 5 Construction and structure  

      1. Each Party shall ensure that the data contained in the register referred to in Article 4 are presented in an aggregated and non-aggregated form so that emissions and transfers can be searched and identified by:  

      a) the object and its geographical location;  

      b) type of activity;  

     c) the owner or operator and, where applicable, the company;

      (d) Where appropriate, the pollutant or waste;  

      (e) Each component of the environment into which the pollutant is released; and  

      f) as indicated in paragraph 5 of article 7, the final point of transfer and, where appropriate, waste disposal and recovery operations.  

      2. Each Party also provides an opportunity to search and identify data based on those diffuse sources that are included in the register.  

      3. Each Party shall establish its register, taking into account the possibility of its future expansion and ensuring that the reporting data contained therein for at least ten previous reporting years are publicly available.  

      4. The Register is designed in such a way as to maximize public access through electronic means of communication, such as the Internet. The construction of the register provides opportunities for the information contained in it to be constantly and immediately accessible through electronic means of communication under normal conditions of its use.  

      5. Each Party should provide in its register links to relevant available and publicly accessible databases on topics related to environmental protection.  

      6. Each Party shall provide in its register references to the pollutant release and transfer registers of other Parties to the Protocol and, where possible, to the pollutant release and transfer registers of other countries.  

Article 6 Scope of the register  

      1. Each Party shall ensure that its register includes information on:  

      (a) Emissions of pollutants for which reporting is required in accordance with paragraph 2 of Article 7;  

      (b) Off-site transfers for which reporting is required in accordance with paragraph 2 of Article 7; and  

      (c) Emissions of pollutants from diffuse sources that are required to be reported in accordance with paragraph 4 of Article 7.  

      2. Having assessed the experience gained in the establishment and improvement of national pollutant release and transfer registers and the implementation of this Protocol, and taking into account relevant international processes, the Meeting of the Parties shall review the reporting requirements under this Protocol and consider the following issues for further improvement:  

      (a) Review of the activities listed in annex I;  

      (b) Review of pollutants listed in annex II;

      (c) Revision of the thresholds in annexes I and II; and  

      (d) The inclusion of other relevant aspects, such as information on site transfers, storage, the definition of requirements for reporting on diffuse sources, or the development of criteria for listing pollutants in accordance with this Protocol.  

Article 7 Reporting requirements

     1. Each Side either:

      (a) Requires the owner or operator of each individual facility under its jurisdiction that carries out one or more of the activities listed in Annex I in excess of the applicable thresholds for activities listed in column 1 of annex I, and:  

      (i) Releases any pollutants specified in annex II in amounts exceeding the applicable thresholds specified in column 1 of annex II;

      (ii) Transfers off-site any pollutant listed in Annex II in amounts exceeding the applicable thresholds specified in column 2 of Annex II, where the Party has chosen the option of reporting on the transfer of specific pollutants in accordance with paragraph 5 (d);  

      (iii) Transfers off-site hazardous wastes in excess of two tons per year or other wastes in excess of 2,000 tons per year, where the Party has chosen the option of reporting on the transfer of specific wastes in accordance with paragraph 5 (d); or  

      (iv) Transfers off-site any pollutant listed in annex II in wastewater intended for treatment in quantities exceeding the applicable thresholds specified in column 1b of annex II;  

      to assume the obligation imposed on such owner or operator in accordance with paragraph 2; or  

      (b) Requires the owner or operator of each individual facility under its jurisdiction that carries out one or more of the activities listed in Annex I at or above the thresholds for the number of employees listed in column 2 of Annex I and produces, processes or uses any pollutant listed in Annex II; in amounts exceeding the applicable thresholds specified in column 3 of annex II, to assume the obligation imposed on such owner or operator in accordance with paragraph 2.  

2. Each Party shall require the owner or operator of the facility referred to in paragraph 1 to provide the information specified in paragraphs 5 and 6, and in accordance with the requirements provided therein, for those pollutants and wastes for which thresholds have been exceeded.  

      3. In order to achieve the objective of this Protocol, a Party may decide, for a particular pollutant, to apply either a threshold for release or a threshold for production, treatment or use, provided that this increases the relevant information on releases or transfers available in its register.  

      4. Each Party shall ensure that its competent authority collects information or designates one or more public authorities or competent agencies to collect information on emissions of pollutants from diffuse sources listed in paragraphs 7 and 8 for inclusion in its register.  

      5. Each Party shall require the owners or operators of facilities for which reporting is required in accordance with paragraph 2 to prepare and forward to the competent authority the following information on specific facilities:  

      a) the name, postal address, geographical location and type or activities of the reporting entity, as well as the first and last name of the owner or operator and, where appropriate, the name of the company;  

      (b) The name and identification number of each pollutant for which reporting is required in accordance with paragraph 2;  

      (c) The amount of each pollutant required to be reported in accordance with paragraph 2 released from the facility into the environment for the year under review, both in aggregate and by emissions into air, water or land, including underground injection;  

      d) either  

      (i) The amount of each pollutant required to be reported in accordance with paragraph 2 transferred off-site during the reporting year, with a distinction between the amounts transferred for disposal and recovery purposes, as well as the name and address of the facility to which the transfer is being received; or  

      (ii) The amount of waste required to be reported in accordance with paragraph 2, transferred off-site during the reporting year, with a distinction between hazardous waste and other waste, for any recovery or disposal operations, marked "P" or "Y", respectively, if the waste is intended for recovery or disposal in accordance with annex III, as well as in the case of transboundary movement of hazardous waste, the name and address of the enterprise engaged in waste recovery or disposal, and the actual site of recovery or disposal, which receives the transfer;  

      (e) The amount of each pollutant in wastewater that is required to be reported in accordance with paragraph 2, transferred off-site during the reporting year; and  

      (f) The type of methodology used to obtain the information referred to in subparagraphs (c) to (e), in accordance with paragraph 2 of article 9, indicating whether the information is based on measurements, calculations or estimates.  

      6. The information referred to in sub-paragraphs (c) to (e) of paragraph 5 includes information on total emissions and transfers resulting from planned activities or emergency situations.  

      7. Each Party shall provide in its register, in an appropriate spatial breakdown, information on pollutant emissions from diffuse sources, for which that Party determines that the data is being collected by the relevant authorities and there is a practical possibility of their inclusion. In cases where a Party determines that such data does not exist, it shall take measures to initiate reporting on emissions of relevant pollutants from one or more diffuse sources in accordance with its national priorities.  

      8. The information referred to in paragraph 7 includes information on the type of methodology used to obtain the information.  

Article 8 Frequency of reporting    

      1. Each Party shall ensure that the information required to be included in its register is publicly available and that it is selected and displayed in the register by calendar year. The accounting year is the calendar year to which such information relates. For each Party, the first reporting year is the calendar year after the Protocol enters into force for that Party. Reporting in accordance with Article 7 is provided annually. However, the second accounting year may be the second calendar year after the first accounting year.  

      2. Each Party that is not a regional economic integration organization shall ensure that information is included in its register within fifteen months after the end of each reporting year. However, information for the first reporting year is included in its register within two years after the end of that reporting year.  

      3. Each Party that is a regional economic integration organization shall ensure that information for a specific reporting year is included in its register six months after the deadline for Parties that are not regional economic integration organizations to do so.  

Article 9 Data collection and documentation storage  

      1. Each Party shall require the owners or operators of facilities subject to the reporting requirements under Article 7 to collect the data necessary to determine, in accordance with paragraph 2 below and at appropriate intervals, the emissions and off-site transfers that have occurred at the facility, which are reported in accordance with Article 7. and keep documentation accessible to the competent authorities on the data used to obtain the accounting information for five years, starting from the end of the relevant reporting year. This documentation also includes a description of the data collection methodology used.  

      2. Each Party requires owners or operators of facilities subject to the reporting requirements under Article 7 to use the best available information, which may include monitoring data, emission conversion factors, mass balance equations, indirect monitoring data or other calculations, technical estimates and other methods. Where appropriate, this should be done in accordance with internationally recognized methodologies.  

Article 10 Quality assessment

      1. Each Party requires that owners or operators of facilities subject to the reporting requirements under paragraph 1 of Article 7 ensure the quality of the information they provide.  

      2. Each Party shall ensure that the competent authority evaluates the quality of the data contained in its register, in particular for completeness, consistency and reliability, taking into account any guidelines that may be developed by a Meeting of the Parties.  

Article 11 Public access to information  

      1. Each Party shall ensure public access to the information contained in its pollutant release and transfer register without the need to express its interest and in accordance with the provisions of this Protocol, primarily by ensuring that its register provides direct electronic access through public communication networks.  

      2. In cases where the public does not have unrestricted access to information contained in the register of the Party concerned by direct electronic means, each Party shall ensure that its competent authority provides such information upon request by any other effective means as soon as possible, but no later than one month after receiving the relevant request..  

      3. Subject to the provisions of paragraph 4, each Party shall ensure that access to the information contained in its register is provided free of charge.  

      4. Each Party may allow its competent authority to charge a fee for the reproduction and mailing of the specific information referred to in paragraph 2, but this fee should not exceed a reasonable level.  

      5. In cases where the public does not have unrestricted access to the information contained in the register of the Party concerned, each Party facilitates electronic access to its register in places accessible to the public, such as public libraries, local government offices and other relevant places.  

Article 12 Confidentiality  

      1. Each Party may allow the competent authority to maintain the confidentiality of information contained in the register if the public disclosure of such information would have adverse consequences for:  

      a) international relations, national defense or State security;  

      (b) The administration of justice, the ability of any person to have access to a fair trial, or the ability of a public authority to conduct criminal or disciplinary investigations;  

      (c) Confidentiality of commercial and industrial information in cases where such confidentiality is protected by law in order to protect legitimate economic interests.;  

      (d) Intellectual property rights; or  

     e) confidentiality of personal data and/or dossiers concerning an individual, if that individual has not consented to the disclosure of such information to the public in cases where such confidentiality is provided for in national legislation.

      The above-mentioned grounds for confidentiality are interpreted restrictively, taking into account whether disclosure of information is in the public interest, as well as taking into account whether the requested information relates to emissions into the environment.  

2. Under subparagraph 1 (c), any information on emissions that is relevant to environmental protection is subject to review for disclosure in accordance with national legislation.  

      3. In cases where the confidential status of information is maintained in accordance with paragraph 1, the type of information seized is indicated in the register by, for example, providing, if possible, general information on chemical properties and the reasons for such withdrawal.  

Article 13 Public participation in the creation and improvement of national pollutant release and transfer registers  

      1. Each Party shall provide appropriate opportunities for public participation in the creation and improvement of its national pollutant release and transfer register within the framework of its national legislation.  

      2. For the purpose of paragraph 1, each Party shall provide the public with free access to information on proposed measures related to the establishment and improvement of its national pollutant release and transfer register, as well as the opportunity to submit any comments, information, analyses or opinions relevant to the decision-making process, and the relevant authority shall take due account of such contributions. to the public.  

      3. Each Party shall ensure that, when making a decision on the establishment or substantial modification of its register, timely information about this decision is provided to the public and the considerations on which it is based are communicated.  

Article 14 Access to justice  

      1. Each Party, within the framework of its national legislation, shall ensure that any person who considers that his request for access to information in accordance with paragraph 2 of Article 11 has not been taken into account or has been unlawfully rejected, whether in part or in full, that it has not been adequately answered or that it has not been otherwise considered in accordance with in accordance with the provisions of this paragraph, had access to a review procedure before a court or other independent and impartial body established in accordance with the law.  

      2. The requirements provided for in paragraph 1 shall be applied without prejudice to the rights and obligations of the Parties under the applicable agreements in force between them relating to the subject matter of this article.  

Article 15 Capacity building  

      1. Each Party shall promote public awareness of its pollutant release and transfer register and ensure that the public is provided with assistance and guidance in accessing its register and understanding and using the information contained therein.  

      2. Each Party should ensure that the responsible authorities and institutions are adequately strengthened and advised to assist them in fulfilling their responsibilities under this Protocol.  

Article 16 International cooperation  

      1. The Parties shall cooperate and assist each other accordingly.:  

      (a) As part of international action in support of the objectives of this Protocol;  

      (b) On the basis of mutual agreement between the Parties concerned in the implementation of national systems pursuant to this Protocol;  

      (c) When sharing information in accordance with this Protocol on releases and transfers in border areas; and  

      d) when information is shared in accordance with this Protocol in relation to transfers between the Parties.  

      2. The Parties shall encourage cooperation between them and, where appropriate, with relevant international organizations in order to facilitate:  

      (a) Public awareness at the international level;  

      (b) Technology transfer; and  

      (c) Providing technical assistance to developing country Parties and Parties with economies in transition in matters related to this Protocol.  

Article 17 Meeting of the Parties  

     1. A Meeting of the Parties is hereby established. Its first session shall be convened no later than two years after the entry into force of this Protocol. Thereafter, ordinary sessions of the Meeting of the Parties shall be held sequentially or in parallel with ordinary meetings of the Parties to the Convention, unless the Parties to this Protocol decide otherwise. The Meeting of the Parties shall hold an extraordinary session if it decides to do so during an ordinary session or at the written request of any of the Parties, provided that, within six months of the transmission of the request by the Executive Secretary of the Economic Commission for Europe to all Parties, the request is supported by at least one third of these Parties.

      2. The Meeting of the Parties shall continuously monitor the progress of the implementation and improvement of this Protocol on the basis of regular reports provided by the Parties and with this objective in mind.:  

      (a) Reviews the establishment and improvement of pollutant release and transfer registers and promotes their consistent strengthening and convergence;  

      (b) Establish guidelines to facilitate reporting to it by Parties, bearing in mind the need to avoid duplication of efforts in this regard;  

      c) defines the work program;  

      (d) Consider and, where appropriate, take measures to strengthen international cooperation in accordance with article 16;  

      (e) Establish such subsidiary bodies as it deems necessary;  

      (f) Consider and approve proposals for such amendments to this Protocol and its annexes as are deemed necessary to achieve the objectives of this Protocol, in accordance with the provisions of article 20;  

      (g) At its first session, consider and adopt by consensus the rules of procedure for its sessions and those of its subsidiary bodies, taking into account any rules of procedure adopted by the Meeting of the Parties to the Convention;  

      (h) Consider establishing consensus-based financial procedures and technical assistance mechanisms to facilitate the implementation of this Protocol;  

      (i) avails itself, if necessary, of the services of other relevant international bodies in order to provide services for achieving the objectives of this Protocol; and  

      (j) Consider and adopt any additional measures that may be necessary to contribute to the achievement of the objectives of this Protocol, in particular such as the adoption of guidelines and recommendations to facilitate its implementation.  

      3. The Meeting of the Parties shall facilitate the exchange of information on experience gained in reporting transfers using pollutant- and waste-specific approaches and shall review such experience with a view to exploring the possibility of convergence between the two approaches, taking into account public interest in information in accordance with Article 1 and the overall effectiveness of national emission registers. and the transfer of pollutants.  

      4. The United Nations, its specialized agencies and the International Atomic Energy Agency, as well as any State or regional economic integration organization that is entitled in accordance with article 24 to sign this Protocol but is not a Party to it, and any intergovernmental organization with competence in the fields related to the Protocol, have the right to participate in sessions of the Meeting of the Parties as observers. The issues of their admission and participation are regulated by the rules of procedure adopted by the Meeting of the Parties.  

      5. Any non-governmental organization having competence in the fields covered by this Protocol and having informed the Executive Secretary of the Economic Commission for Europe of its wish to be represented at a session of the Meeting of the Parties shall be entitled to participate as an observer, unless one third of the Parties present at the session object to this. The issues of their admission and participation are regulated by the rules of procedure adopted by the Meeting of the Parties.  

Article 18 Voting rights  

      1. Except as provided in paragraph 2, each Party to this Protocol shall have one vote.  

      2. Regional economic integration organizations shall exercise their right to vote on matters within their competence with a number of votes equal to the number of their member States that are Parties. Such organizations do not exercise their right to vote if their member States exercise their right to vote and vice versa.  

Article 19 of the Annex

      The annexes to this Protocol form an integral part of it and, unless explicitly stated otherwise, a reference to this Protocol is at the same time a reference to any annexes thereto.  

Article 20 Amendments

      1. Any Party may propose amendments to this Protocol.  

      2. Proposals for amendments to this Protocol are considered at the session of the Meeting of the Parties.  

      3. Any proposed amendment to this Protocol shall be submitted in writing to the secretariat, which shall forward it at least six months before the session at which it is proposed for adoption to all Parties, other States and regional economic integration organizations that have agreed to be bound by the provisions of the Protocol and for which it has not yet entered into force. force, as well as to the Signatories.  

     4. The Parties shall make every effort to reach agreement on any proposed amendment to this Protocol by consensus. If all efforts to reach consensus have been exhausted and no agreement has been reached, the amendment shall, as a last resort, be adopted by a three-fourths majority vote of the Parties present at the session and voting.

5. For the purposes of this article, "Parties present and voting" means the Parties present at the meeting and voting for or against.  

      6. Any amendment to this Protocol adopted in accordance with paragraph 4 shall be forwarded by the secretariat to the Depositary, who shall circulate it to all Parties, other States and regional economic integration organizations that have agreed to be bound by the provisions of the Protocol and for which it has not yet entered into force, as well as to the Signatories.  

      7. An amendment, if it does not relate to an annex, shall enter into force for those Parties that have ratified, accepted or approved it on the ninetieth day after the receipt by the Depositary of the instruments of ratification, acceptance or approval by at least three quarters of the Parties that were Parties at the time of its adoption. Thereafter, it shall enter into force for any other Party on the ninetieth day after that Party deposits its instrument of ratification, acceptance or approval of the amendment.  

      8. In the case of an amendment to the annex, the Party that does not accept such amendment shall notify the Depositary thereof in writing within 12 months from the date of its distribution by the Depositary. The Depositary shall immediately notify all Parties of the receipt of any such notification. A Party may withdraw the notification of non-acceptance at any time, after which this amendment to the annex shall enter into force for that Party.  

      9. Upon the expiration of 12 months from the date of its distribution by the Depositary, as provided for in paragraph 6, an amendment to the annex shall enter into force for those Parties that have not notified the Depositary in accordance with paragraph 8, provided that by that time no more than one third of the Parties that were Parties at the time of adoption of the amendment have submitted such notification.  

      10. If an amendment to an annex is directly related to an amendment to this Protocol, it shall not enter into force until the amendment to this Protocol enters into force.  

Article 21 The Secretariat

      The Executive Secretary of the Economic Commission for Europe shall perform the following secretarial functions in connection with this Protocol:  

      (a) Prepares and services sessions of the Meeting of the Parties;  

      (b) Transmit to the Parties the reports and other information received in accordance with the provisions of this Protocol;  

      (c) Reports to the Meeting of the Parties on the work of the Secretariat; and  

      (d) Performs such other functions as may be determined by the Meeting of the Parties on the basis of available resources.  

Article 22 Review of compliance

      At its first session, the Meeting of the Parties shall establish, by consensus, procedures for cooperation and institutional mechanisms of a non-judicial, non-adversarial and consultative nature to assess and promote compliance with the provisions of this Protocol and to address cases of non-compliance. In establishing these procedures and mechanisms, the Meeting of the Parties shall, in particular, consider whether it is appropriate to provide for information from members of the public on matters related to this Protocol.  

Article 23 Settlement of disputes

      1. If a dispute arises between two or more Parties regarding the interpretation or application of this Protocol, they shall seek to resolve it through negotiation or any other peaceful means of dispute settlement acceptable to the parties to the dispute.  

      2. Upon signing, ratifying, accepting, approving or acceding to this Protocol, or at any time thereafter, a State may send a written declaration to the Depositary stating that, in respect of a dispute that has not been resolved in accordance with paragraph 1, it accepts one or both of the following dispute settlement means as binding in respect of any The parties assuming the same obligation:  

      (a) Referral of the dispute to the International Court of Justice;  

      (b) Arbitration in accordance with the procedure set out in annex IV.  

      A regional economic integration organization may make a declaration with similar consequences with respect to arbitration in accordance with the procedures referred to in subparagraph (b).  

      3. If the parties to the dispute have accepted both means of dispute settlement referred to in paragraph 2, the dispute may be referred only to the International Court of Justice, unless the parties to the dispute agree otherwise.  

Article 24 Signature  

      This Protocol shall be open for signature in Kiev (Ukraine) from 21 to 23 May 2003 on the occasion of the Fifth Ministerial Conference "Environment for Europe", and thereafter at United Nations Headquarters in New York until 31 December 2003 by all States that are Members of the United Nations and regional economic and social organizations. integration created by sovereign States — Members of the United Nations to whom their Member States have delegated authority on matters governed by this Protocol, including the authority to conclude treaties relating to these matters.  

Article 25 The Depositary

      The Secretary-General of the United Nations shall act as the Depositary of this Protocol.  

Article 26 Ratification, acceptance, approval and accession  

      1. This Protocol is subject to ratification, acceptance or approval by the signatory States and regional economic integration organizations referred to in article 24.

      2. This Protocol shall be open for accession by the States and regional economic integration organizations referred to in article 24 from 1 January 2004.  

      3. Any regional economic integration organization referred to in Article 24 that becomes a Party to this Protocol, although none of its member States is a Party, shall be bound by all obligations under this Protocol. If one or more member States of such an organization are Parties, the organization and its member States shall decide on their respective responsibilities for fulfilling their obligations under this Protocol. In such cases, the organization and the Member States may not simultaneously enjoy the rights provided for in this Protocol.  

      4. In their instruments of ratification, acceptance, approval or accession, the regional economic integration organizations referred to in article 24 shall declare the extent of their powers with respect to matters governed by this Protocol. These organizations also inform the Depositary of any significant change in the limits of their powers.  

Article 27 Entry into force  

      1. This Protocol shall enter into force on the ninetieth day following the date of deposit of the sixteenth instrument of ratification, acceptance, approval or accession.  

      For the purposes of paragraph 1, any document deposited by a regional economic integration organization shall not be considered as additional to those deposited by the member States of such organization.  

      For each State or regional economic integration organization that ratifies, accepts, approves or accedes to this Protocol 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 State or organization of its instrument of ratification, acceptance, approval or accession.  

Article 28 Reservations  

      No reservations to this Protocol are permitted.  

Article 29 Exit  

      At any time after the expiration of three years from the date of entry into force of this Protocol in respect of a Party, that Party may withdraw from the Protocol by sending a written notification to the Depositary. Any such withdrawal shall take effect on the ninetieth day after the date of receipt of the notification by the Depositary.  

Article 30 Authentic texts  

      The original of this 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 this Protocol.  

      DONE in Kiev on the twenty-first of May, two thousand and three.  

Installations for building and painting or removing paint from ships  

with production capacity for vessels 100 m long

      Explanatory notes  

      Column 1 shows the production capacity thresholds referred to in paragraph 1 (a) of Article 7.  

      The "*" sign means that the performance threshold does not apply to this type of activity (the reporting requirement applies to all facilities).  

      Column 2 shows the thresholds for the number of employees referred to in paragraph 1 (b) of article 7.  

      "10 employees" means the equivalent of 10 full-time employees.  

ANNEX II POLLUTANTS

Explanatory notes

      The CAS number of the pollutant means the exact identifier in the CAS (List of Chemical Compounds).  

      Column 1 contains the thresholds referred to in paragraphs 1 (a) (i) and (iv) of Article 7. If the threshold value in this sub-column (for air, water or land) is exceeded, then for those Parties that have chosen a data reporting system in accordance with paragraph 1 (a) of Article 7, It is required to provide data for the relevant facility on emissions or, in the case of pollutants contained in wastewater intended for wastewater treatment, on transfers to the environment mentioned in this sub-column.  

      Column 2 contains the thresholds referred to in paragraph 1 (a) (ii) of Article 7. If the threshold value in this column is exceeded for a given pollutant, those Parties that have selected a data reporting system under paragraph 1 (a) (ii) of Article 7 are required to provide data on the relevant facility. transfer of this pollutant outside the site.  

      Column 3 contains the thresholds referred to in paragraph 1 (b) of Article 7. If the thresholds in this column are exceeded for a given pollutant, then those Parties that have chosen the reporting system under paragraph 1 (b) of Article 7 are required to provide data for the relevant facility on releases and off-site transfers. this pollutant.  

      The "–" sign indicates that this parameter does not involve data representation requirements.  

      The "*" sign indicates that the emission threshold indicated in column 1 (a) should be used for this pollutant, rather than the threshold for production, processing or use.  

      The "**" sign indicates that the emission threshold indicated in column 1 (b) should be used for this pollutant, rather than the threshold for production, processing or use.  

      Footnotes  

      Individual pollutants for which data should be provided if the threshold value for VTE is exceeded (total parameter for benzene, toluene, ethylbenzenes and xylenes).  

      Polycyclic aromatic hydrocarbons (PAHs) are measured as benzo(a)pyrene(50-32-8), benzo(b)fluoranthene(205-99-2), benzo(k)fluoranthene(207-08-9), ideno(1,2,3-cd)pyrene (193-39-5) (taken from the Protocol on Persistent Organic Pollutants to the Convention on Transboundary Air Pollution long distances).  

      In the form of inorganic compounds.  

APPENDIX III PART A REMOVAL OPERATIONS ("Y")  

      -Burial in the ground or dumping on the ground (for example, in a landfill).  

      -Land cultivation (for example, biochemical decomposition of liquid or slurry waste in the soil, etc.).  

      -Injection to a great depth (for example, injection of waste of the appropriate consistency into wells, salt domes or natural reservoirs).  

      -Discharge into surface reservoirs (for example, discharge of liquid or slurry waste into pits, ponds or settling pools).  

      -Dumping into specially equipped landfills (for example, dumping into separate compartments with a protective coating, closed with a lid and isolated from each other and the environment).  

      -Discharge into bodies of water other than seas/oceans.  

      -Dumping into the seas/oceans, including burial on the seabed.  

      -Biological treatment not specified in other sections of this annex, which leads to the formation of final compounds or mixtures, which are then removed by any of the methods specified in this section.  

      -Physico-chemical treatment not specified in other sections of this annex, which leads to the formation of final compounds or mixtures, which are then removed by any of the methods specified in this section (for example, evaporation, drying, calcination, neutralization, precipitation).  

      - Burning on land.  

      - Burning at sea.  

      -Burial (for example, placing containers in a mine).  

      -Obtaining a homogeneous or heterogeneous mixture before starting any of the operations specified in this section.  

      -Repacking before starting any of the operations specified in this section.  

      -Storage pending any of the operations specified in this section.  

PART B OF THE RECOVERY OPERATION ("P")    

      -Use as a fuel (other than direct combustion) or in any other way to generate energy.  

      -Solvent disposal/recovery.  

      -Recycling/disposal of organic substances that are not used as solvents.  

      -Recycling/recycling of metals and their compounds.  

      -Recycling/disposal of other inorganic materials.  

      -Reduction of acids or bases.  

      -Recovery of components used for pollution control.  

      -Recovery of catalyst components.  

      -Re-distillation of used petroleum products or other reuse of previously used petroleum products.  

      -Land cultivation that has a beneficial effect on agriculture or improves the ecological situation.  

      -The use of residual materials from any recovery operations specified in this section.  

      -Waste exchange for their use in the recovery operations specified in this section.  

      -Accumulation of material intended for subsequent use in any operation specified in this section.  

ANNEX IV ARBITRATION    

      1. In the event of a dispute being submitted to arbitration pursuant to paragraph 2 of article 23 of this Protocol, the party or the parties shall notify, through diplomatic channels, the other party or the other parties to the dispute, as well as the secretariat, of the subject matter of the arbitration and indicate, in particular, the articles of this Protocol on the interpretation or application of which the dispute arose. The Secretariat shall transmit the information received to all Parties to this Protocol.  

      2. The Arbitration Court consists of three members. Both the claimant party or the claimant parties and the other party or the other parties to the dispute shall appoint one arbitrator each, and the two arbitrators so appointed shall, by mutual agreement, appoint a third arbitrator who shall serve as chairman of the arbitral tribunal. The latter may not be a citizen of one of the parties to the dispute and may not have his usual place of residence in the territory of one of these parties, may not be in their service or in any other capacity related to this case.  

      3. If, two months after the appointment of the second arbitrator, the chairman of the arbitral tribunal has not been appointed, the Executive Secretary of the Economic Commission for Europe shall, at the request of either party to the dispute, appoint him within the next two months.  

      4. If one of the parties to the dispute does not appoint an arbitrator within two months of receiving the notification referred to in paragraph 1, the other party may inform the Executive Secretary of the Economic Commission for Europe, who shall appoint the Chairman of the arbitral tribunal within the next two months. After his appointment, the chairman of the arbitration court requests the party that has not yet appointed an arbitrator to do so within two months. If she does not do so within such a period, the President shall inform the Executive Secretary of the Economic Commission for Europe, who shall make such appointment within the next two months.  

      5. The arbitral tribunal shall render its decision in accordance with international law and the provisions of this Protocol.  

      6. Any arbitration court established in accordance with the provisions of this annex shall develop its own rules of procedure.  

      7. Decisions of the arbitration court on both procedural and substantive issues are made by a majority vote of its members.  

      8. The Court may take all appropriate measures to establish the facts.  

      9. The parties to the dispute shall assist the work of the arbitral tribunal and, in particular, using all means at their disposal for this purpose.:  

      a) provide him with all relevant documents, conditions and information;  

      (b) If necessary, provide him with the opportunity to summon witnesses or experts and hear their testimony.  

      10. The parties to the dispute and the members of the arbitral tribunal shall respect the confidentiality of any information they receive confidentially during the proceedings before the arbitral tribunal.  

      11. The arbitral tribunal may, at the request of one of the parties, recommend the adoption of interim measures of protection.  

      12. If one of the parties to the dispute does not appear before the arbitral tribunal or does not participate in the hearing of its case, the other party may request the court to continue the proceedings and make its final decision. The absence of one of the parties in court or the non-participation of one of the parties in the proceedings is not an obstacle to the proceedings. Before making its final decision, the arbitration court must ensure that the claim is factually and legally justified.  

      13. The arbitral tribunal may hear and rule on counterclaims arising directly from the substance of the dispute.  

      14. Unless the arbitral tribunal decides otherwise based on the specific circumstances of the case, the court costs, including the fees of the members of the court, are covered equally by the parties to the dispute. The court registers all its expenses and provides the parties to the dispute with a final report on these expenses.  

      15. Any Party to this Protocol that has a legal interest in the subject matter of the dispute and may be affected by the decision in this case may participate in the proceedings with the consent of the court.  

      16. The arbitral tribunal shall render its decision within five months from the date of its establishment, unless it deems it necessary to extend this period for a period not exceeding five months.  

17. The decision of the arbitration court shall be accompanied by a statement of the reasons. This decision is final and binding on all parties to the dispute. The arbitral tribunal shall forward its decision to the parties to the dispute and the secretariat. The Secretariat shall transmit the information received to all Parties to this Protocol.  

      18. Any dispute that may arise between the parties regarding the interpretation or implementation of the court's decision may be referred by either party to the arbitral tribunal that issued the decision, or, if it is impossible to use the latter's services, to another court established for this purpose in the same way as the first.  

      IZPI's note!                The text of the Protocol in French and English is attached.        

President    

Republic of Kazakhstan     

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