title: 2005/535/EC: Decision of the European Parliament of 12 April 2005 on the discharge for implementing the general budget of the European Union for the financial year 2003, Section VI — European Economic and Social Committee

text:
               27.7.2005

               EN

               Official Journal of the European Union

               L 196/50

      DECISION OF THE EUROPEAN PARLIAMENT

   of 12 April 2005
   on the discharge for implementing the general budget of the European Union for the financial year 2003, Section VI — European Economic and Social Committee
   (2005/535/EC)
   THE EUROPEAN PARLIAMENT,
   having regard to the general budget of the European Union for the financial year 2003 (1),
   having regard to the revenue and expenditure account and balance sheet for the 2003 financial year (C6-0019/2005),
   having regard to the Annual Report of the European Court of Auditors concerning the financial year 2003, together with the institutions’ replies (2),
   having regard to the Statement of Assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions, provided by the Court of Auditors pursuant to Article 248 of the EC Treaty (3),
   having regard to Articles 272(10), 275 and 276 of the EC Treaty,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (4), in particular Articles 50, 86(4), 145, 146 and 147 thereof,
   having regard to the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities (5),
   having regard to Rule 71 of and Annex V to its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control (A6-0066/2005),

               1.

               Grants the Secretary-General of the European Economic and Social Committee discharge in respect of the implementation of the budget for the 2003 financial year;

               2.

               Records its comments in the accompanying resolution;

               3.

               Instructs its President to forward this decision and the accompanying resolution to the Council, the Commission, the Court of Justice, the Court of Auditors, the European Economic and Social Committee, the Committee of the Regions and the Ombudsman and to have them published in the Official Journal of the European Union (L series).

            The President

         Josep BORRELL FONTELLES

            The Secretary-General

         Julian PRIESTLEY

      (1)  OJ L 54, 28.2.2003, p. 1.

      (2)  OJ C 293, 30.11.2004, p. 1.

      (3)  OJ C 294, 30.11.2004, p. 99.

      (4)  OJ L 248, 16.9.2002, p. 1.

      (5)  OJ L 356, 31.12.1977, p. 1.

         RESOLUTION OF THE EUROPEAN PARLIAMENT

      containing the comments which form part of the decision on the discharge for implementing the general budget of the European Union for the financial year 2003, Section VI — European Economic and Social Committee
      THE EUROPEAN PARLIAMENT,
      having regard to the general budget of the European Union for the financial year 2003 (1),
      having regard to the revenue and expenditure account and balance sheet for the 2003 financial year (C6-0019/2005),
      having regard to the Annual Report of the European Court of Auditors concerning the financial year 2003, together with the institutions’ replies (2),
      having regard to the Statement of Assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions, provided by the Court of Auditors pursuant to Article 248 of the EC Treaty (3),
      having regard to Articles 272(10), 275 and 276 of the EC Treaty,
      having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (4), in particular Articles 50, 86(4), 145, 146 and 147 thereof,
      having regard to the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities (5),
      having regard to Rule 71 of and Annex V to its Rules of Procedure,
      having regard to the report of the Committee on Budgetary Control (A6-0066/2005),
      The European Court of Auditors’ Annual Report

                  1.

                  Notes that the European Economic and Social Committee (EESC) administered a budget of EUR 81 166 960, of which 98,12 % (EUR 79 642 494) had been committed and 92,77 % (EUR 73 889 949,11) spent by 31 December 2003;

                  2.

                  Welcomes the fact that the Court of Auditors, for the first time, has evaluated the control environment of all institutions individually and has published their observations in a separate part;

                  3.

                  Notes that a number of provisions enabling the supervisory and control environment to function properly were not in place before 2004;

                  4.

                  Notes the explanation given by the EESC that ‘(…) priority had to be given to setting up the basic components of the regulatory framework (e.g. the EESC’s internal financial rules) and to the nomination of financial actors’; records that the internal financial rules were adopted on 8 January 2003;

                  5.

                  Notes that in the area of procurement several requirements of the Financial Regulation were not complied with in 2003; calls on the Court of Auditors to verify announced improvements in its 2004 audit report;

                  6.

                  Welcomes the fact that a new personnel management and payroll system was put in place in early 2004;

                  7.

                  Welcomes the fact that the EESC, albeit belatedly, abolished the imprest account for the payment of members’ allowances in early 2004;

                  8.

                  Reminds the EESC that it gave a public assurance during last year’s discharge procedure that ‘(…) there have been no further irregularities whatever with regard to the settlement of travel expenses’ (6); criticises the EESC therefore for the fact that the Court has found proof that in three cases the travel allowance paid to members was twice the amount provided for in the committee’s own rules; notes that the EESC, in the meantime, has clarified the travel reimbursement rules; calls on the European Court of Auditors to follow up its findings in its 2004 discharge report;

                  9.

                  Notes that the European Anti-Fraud Office (OLAF) has completed an investigation into allegations concerning the possible misuse of the committee’s travel reimbursement scheme by a member; OLAF has found evidence of ‘double reimbursement’ and, therefore, forwarded its findings to the Belgian public prosecutor; throughout the investigation the EESC fully cooperated with OLAF; OLAF did not question the EESC’s financial management system;

            Follow-up to the 2002 discharge procedure

                  10.

                  Notes, with regard to the Belliard building, that an internal auditor’s report ‘(…) did not reveal any acts of fraud (…). It also recognised the value of the building project for the Committees and the correct price level at which the building was acquired’ (7); the audit did however identify some weaknesses in the management of specific works;

                  11.

                  Welcomes the EESC’s readiness to report back on the follow-up given to the internal auditor’s recommendations; in addition the EESC will forward to Parliament’s competent committee the 9th progress report on the Belliard building;

            Annual activity report of the authorising officer and annual report of the internal auditor

                  12.

                  Welcomes the fact that the EESC forwarded the authorising officer’s annual report, which was accompanied by a signed statement of assurance;

                  13.

                  Welcomes the fact that the EESC has forwarded a synopsis of the internal auditor’s annual report to the Committee on Budgetary Control; notes in this context that the internal auditor has:

                              —

                              established a check-list for implementation of the provisions of the Financial Regulation,

                              —

                              recommended the reinforcement of the nomination procedure for financial actors,

                              —

                              recommended the establishment of quarterly spending plans,

                              —

                              recommended the establishment of complete financial and contractual files,

                              —

                              recommended the publication on the intranet of the complete financial and legal framework to simplify financial management,

                              —

                              established specific recommendations for sectors with budgetary activities including action plans for 2004;

                  14.

                  Will follow up these recommendations in its 2004 discharge report;

            Other remarks

                  15.

                  Calls on the EESC to further improve its public profile as a body representing civil society; calls on the EESC to use benchmarking with a view to achieving measurable progress;

                  16.

                  Congratulates the EESC on the comprehensive preparatory work undertaken in 2003 to prepare for enlargement; will follow up the measures taken in its 2004 discharge report;

                  17.

                  Asks the EESC to evaluate the implications of the new Financial Regulation for its administrative and political work in time for its review in 2005/2006 and to report its findings to the European Parliament.

         (1)  OJ L 54, 28.2.2003, p. 1.

         (2)  OJ C 293, 30.11.2004, p. 1.

         (3)  OJ C 294, 30.11.2004, p. 99.

         (4)  OJ L 248, 16.9.2002, p. 1.

         (5)  OJ L 356, 31.12.1977, p. 1.

         (6)  Texts adopted, 21.4.2004, P5_TA(2004) 0342.

         (7)  Reply to written question No 3.


title: 2013/572/EU: Decision of the European Parliament of 17 April 2013 on discharge in respect of the implementation of the budget of the European Environment Agency for the financial year 2011

text:
               16.11.2013

               EN

               Official Journal of the European Union

               L 308/216

      DECISION OF THE EUROPEAN PARLIAMENT

   of 17 April 2013
   on discharge in respect of the implementation of the budget of the European Environment Agency for the financial year 2011
   (2013/572/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Environment Agency for the financial year 2011,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Environment Agency for the financial year 2011, together with the Agency’s replies (1),

               —

               having regard to the Council’s recommendation of 12 February 2013 (05753/2013 – C7-0041/2013),

               —

               having regard to Article 319 of the Treaty on the Functioning of the European Union,

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,

               —

               having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (3), and in particular Article 208 thereof,

               —

               having regard to Regulation (EC) No 401/2009 of the European Parliament and of the Council of 23 April 2009 on the European Environment Agency and the European Environment Information and Observation Network (4), and in particular Article 13 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Article 94 thereof,

               —

               having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on the Environment, Public Health and Food Safety (A7-0070/2013),

               1.

               Grants the Executive Director of the European Environment Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2011;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this Decision and the resolution that forms an integral part of it to the Executive Director of the European Environment Agency, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 388, 15.12.2012, p. 80.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 298, 26.10.2012, p. 1.

      (4)  OJ L 126, 21.5.2009, p. 13.

      (5)  OJ L 357, 31.12.2002, p. 72.

         RESOLUTION OF THE EUROPEAN PARLIAMENT

      of 17 April 2013
      with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the European Environment Agency for the financial year 2011
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the final annual accounts of the European Environment Agency for the financial year 2011,

                  —

                  having regard to the Court of Auditors’ report on the annual accounts of the European Environment Agency for the financial year 2011, together with the Agency’s replies (1),

                  —

                  having regard to the Council’s recommendation of 12 February 2013 (05753/2013 – C7-0041/2013),

                  —

                  having regard to Article 319 of the Treaty on the Functioning of the European Union,

                  —

                  having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,

                  —

                  having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (3), and in particular Article 208 thereof,

                  —

                  having regard to Regulation (EC) No 401/2009 of the European Parliament and of the Council of 23 April 2009 on the European Environment Agency and the European Environment Information and Observation Network (4), and in particular Article 13 thereof,

                  —

                  having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Article 94 thereof,

                  —

                  having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,

                  —

                  having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on the Environment, Public Health and Food Safety (A7-0070/2013),

                  A.

                  whereas the Court of Auditors has stated that it has obtained reasonable assurances that the annual accounts of the European Environment Agency (‘the Agency’) for the financial year 2011 are reliable and that the underlying transactions are legal and regular,

                  B.

                  whereas the budget of the Agency for the financial year 2011 was EUR 62,2 million,

                  C.

                  whereas the European Anti-Fraud Office (OLAF) opened an internal investigation concerning the Agency,

         Budgetary and financial management

                  1.

                  Takes note from the final annual accounts that the Commission’s subsidy to the Agency for 2011 amounted to EUR 35 445 155,69, compared to EUR 34 674 450,58 in 2010, and that the total revenue was EUR 44 447 489,45 (EUR 45 550 051,50 in 2010); is satisfied that 132 of 134 available posts had been occupied and notes that 82 contract agents and seconded national experts were employed by the end of 2011;

                  2.

                  Notes from the Court of Auditors’ report that the Agency made a payment to an international environmental organisation amounting to EUR 6 061 which was related to the participation of Agency staff in expeditions organised by that organisation in February and May 2011; notes that no procurement procedure had taken place and no contract had been drawn up for those expeditions; notes that the Agency bore the travel costs, amounting to EUR 11 625; notes the Court of Auditors’ findings that the Agency’s Executive Director was a member of the international environmental organisation’s board of trustees until April 2011 and that this could constitute a conflict of interest;

                  3.

                  Acknowledges that the Executive Director resigned from the board of trustees of the other organisation on being informed, in April 2011, of a potential perception of a conflict of interests by the Court of Auditors;

         Public procurement

                  4.

                  Received for further clarification on the Agency’s contractual relationships with Ace&Ace, a Danish video production company situated in Copenhagen; notes that in 2011, the Agency awarded Ace&Ace a video-production contract (EEA/COM/10/001 – lot 5) with a budget ceiling up to EUR 1 000 000 following an open tendering procedure; emphasises that the awarding criteria differed greatly from those used for the previous tender on video-production (EEA/CCA/07/001 – lot 1) and included narrowed criteria such as ‘access to editing services in the EEA vicinity’; acknowledges the Executive Director’s statement (6) that 16 companies located in the Agency’s vicinity applied to this tender procedure and that 15 fitted all criteria; received from the Agency a list of all applicants, including names and addresses, to the call for tender EEA/COM/10/001;

                  5.

                  Notes that following an open call for tenders, a framework contract was awarded in 2007 to N1 Creative, a London-based company which subcontracted some services to Ace&Ace; points out that already between 2007 and 2008, two service contracts were concluded between the Agency and Ace&Ace for a total value of EUR 101 000, without passing through a public procurement procedure, but in line with the implementing rules of the Financial Regulation (exclusive rights); takes note of the details on the number and type of projects performed under this contract by N1 Creative on the one hand and by Ace&Ace on the other hand as received by the discharge authority;

                  6.

                  Has been informed by the Agency’s Executive Director (7) that OLAF is currently investigating these video-production contracts;

         Transparency

                  7.

                  Notes the Court of Auditors’ observation that the Agency had improved the transparency of recruitment procedures over the years; notes, however, that the Court of Auditors’ report still found confusion between eligibility and selection criteria as regards the relevant years of professional experience required; notes, furthermore, that there was no evidence that the content of, and the thresholds for, written tests were determined before applications were examined;

                  8.

                  Notes that the Agency had initiated the process to implement the Court of Auditors’ recommendations;

         Performance

                  9.

                  Emphasises that the Commission must exercise its supervisory role though its participation in the Management Board and Bureau of the Agency, within the limits set by Regulation (EC) No 401/2009 and with due respect to the Agency’s legal autonomy; emphasises that Parliament is to be kept regularly informed;

                  10.

                  Welcomes the fact that the Agency staff and management activities, quality control processes, products and services, administrative and building services are brought together under the strategic area in the ‘EEA Strategy 2009-2013’;

         Conflicts of interest

                  11.

                  Acknowledges that the Management Board and the Agency’s administration have strengthened the Agency’s conflicts of interest policy in order to avoid any problems in the future; notes the introduction of an ex ante approval by the Management Board for the Executive Director’s acceptance of membership on external boards and advisory bodies;

                  12.

                  Notes the introduction of a form to be signed by consultants and contractors on their rights and obligations, whereby they acknowledge that they refrain from any behaviour or action that may impair their independence or reflect adversely upon their position, their work or the image of the Union;

                  13.

                  Welcomes the new procedures, as approved by the Agency’s Management Board at its 65th meeting on 12 December 2012, and in particular:

                              —

                              training on the prevention of conflicts of interest in the induction programme for new staff,

                              —

                              a requirement for signature of the form A1 ‘Obligations of European Environment Agency officials and other servants under the Staff Regulations and Conditions of Employment’ and acknowledgment of receipt of a copy of the Staff Regulations and Conditions of Employment of Other Servants of the European Union,

                              —

                              training on ethics and integrity regarding staff obligations and duties and a procedure for reporting improprieties (a ‘whistleblower’ mechanism),

                              —

                              receipt by staff members of a copy of the European Code of Good Administrative Behaviour and a copy of the Decision of the Management Board of 22 June 2004 for the implementation of that Code in the Agency,

                        acknowledges the information received from the Agency on the implementation of the abovementioned procedures, as well as on any further developments as regards the management of conflicts of interest;

                  14.

                  Refers, in respect of the other observations accompanying its Decision on discharge, which are of a horizontal nature, to its Resolution of 17 April 2013 (8) on the performance, financial management and control of the agencies.

         (1)  OJ C 388, 15.12.2012, p. 80.

         (2)  OJ L 248, 16.9.2002, p. 1.

         (3)  OJ L 298, 26.10.2012, p. 1.

         (4)  OJ L 126, 21.5.2009, p. 13.

         (5)  OJ L 357, 31.12.2002, p. 72.

         (6)  See replies of the Executive Director of the European Environment Agency at the hearing on the 2011 discharge of the EU decentralised agencies organised by the Committee on Budgetary Control on 24 January 2013.

         (7)  Ibid.

         (8)  Texts adopted, P7_TA(2013)0134 (see page 374 of this Official Journal).


title: 2007/672/EC,Euratom: Council Decision of 15 October 2007 appointing an Austrian member of the European Economic and Social Committee

text:
               20.10.2007

               EN

               Official Journal of the European Union

               L 277/22

      COUNCIL DECISION

   of 15 October 2007
   appointing an Austrian member of the European Economic and Social Committee
   (2007/672/EC, Euratom)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 259 thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 167 thereof,
   Having regard to the nomination submitted by the Austrian government,
   After receiving the opinion of the Commission,
   Whereas:

               (1)

               By Decision 2006/524/EC, Euratom appointing Czech, German, Estonian, Spanish, French, Italian, Latvian, Lithuanian, Luxembourg, Hungarian, Maltese, Austrian, Slovenian and Slovak members of the European Economic and Social Committee (1), the Council appointed the Austrian members of the European Economic and Social Committee for the period from 21 September 2006 to 20 September 2010.

               (2)

               An Austrian member's seat on the Committee has fallen vacant following the resignation of Mr Hans KLETZMAYR,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Mr Gerfried GRUBER is hereby appointed a member of the European Economic and Social Committee in place of Mr Hans KLETZMAYR for the remainder of the latter's term of office, which runs until 20 September 2010.
   Article 2
   This Decision shall take effect on the date of its adoption.

      Done at Luxembourg, 15 October 2007.

            For the Council

            The President

         L. AMADO

      (1)  OJ L 207, 28.7.2006, p. 30. Decision as amended by Decision 2007/622/EC, Euratom (OJ L 253, 28.9.2007, p. 39).


title: Council Decision (EU) 2016/768 of 21 April 2016 on the acceptance of the Amendments to the 1998 Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution on Heavy Metals

text:
               18.5.2016

               EN

               Official Journal of the European Union

               L 127/8

         COUNCIL DECISION (EU) 2016/768
   of 21 April 2016
   on the acceptance of the Amendments to the 1998 Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution on Heavy Metals
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(1), in conjunction with Article 218(6)(a), thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament,
   Whereas:

               (1)

               The Union is a party to the United Nations Economic Commission for Europe (UNECE) 1979 Convention on Long-Range Transboundary Air Pollution (‘the Convention’), following its approval in 1981 (1).

               (2)

               The Union is a party to the 1998 Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution on Heavy Metals (‘the Protocol’), following its approval on 4 April 2001 (2).

               (3)

               The parties to the Protocol opened negotiations in 2009, the scope of which was extended in 2010, with a view to further improving the protection of human health and the environment, including through the updating of emission limit values that addressed emissions of air pollutants at source.

               (4)

               In 2012, the parties present at the 31st session of the Executive Body of the Convention adopted by consensus Decisions 2012/5 and 2012/6 amending the Protocol.

               (5)

               The amendments set out in Decision 2012/6 entered into force and became effective on the basis of the expedited procedure provided for in Article 13(4) of the Protocol.

               (6)

               The amendments set out in Decision 2012/5 require acceptance by the parties to the Protocol in accordance with Article 13(3) of the Protocol.

               (7)

               The Union has already adopted instruments on matters covered by the amendments to the Protocol, including Directive 2010/75/EU of the European Parliament and of the Council (3).

               (8)

               The amendments to the Protocol set out in Decision 2012/5 should therefore be accepted on behalf of the Union,

         HAS ADOPTED THIS DECISION:
   Article 1
   The amendments to the 1998 Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution on Heavy Metals (‘the Protocol’) are hereby accepted on behalf of the Union.
   The text of the amendments to the Protocol as set out in the Annex to Decision 2012/5/EC of the Executive Body of the Convention is attached to this Decision.
   Article 2
   The President of the Council shall designate the person(s) empowered to deposit, on behalf of the Union, as regards matters falling within the Union's competence, the instrument of acceptance provided for in Article 13(3) of the Protocol (4).
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Luxembourg, 21 April 2016.

            For the Council

            The President

         G.A. VAN DER STEUR

      (1)  OJ L 171, 27.6.1981, p. 11.

      (2)  OJ L 134, 17.5.2001, p. 40.

      (3)  Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) (OJ L 334, 17.12.2010, p. 17).

      (4)  The date of entry into force of the amendments to the Protocol will be published in the Official Journal of the European Union by the General Secretariat of the Council.

         AMENDMENTS TO THE PROTOCOL

         as set out in the Annex to Decision 2012/5 of the Executive Body of the Convention

      (a)   Article 1

                  1.

                  In paragraph 10 the words ‘of: (i) this Protocol; or (ii) an amendment to annex I or II, where the stationary source becomes subject to the provisions of this Protocol only by virtue of that amendment’ are replaced by the words ‘for a Party of the present Protocol. A Party may decide not to treat as a new stationary source any stationary source for which approval has already been given by the appropriate competent national authority at the time of entry into force of the Protocol for that Party and provided that the construction or substantial modification is commenced within five years of that date’.

                  2.

                  A new paragraph 12 is added after paragraph 11 as follows:
                  ‘12.   The terms “this Protocol”, “the Protocol” and “the present Protocol” mean the 1998 Protocol on Heavy Metals, as amended from time to time.’

            (b)   Article 3

                  3.

                  In paragraph 2, the word ‘Each’ is replaced by the words ‘Subject to paragraphs 2 bis and 2 ter, each’.

                  4.

                  In paragraph 2 (a) the words ‘for which annex III identifies best available techniques’ are replaced by the words ‘for which guidance adopted by the Parties at a session of the Executive Body identifies best available techniques’.

                  5.

                  In paragraph 2 (c) the words ‘for which annex III identifies best available techniques’ are replaced by the words ‘for which guidance adopted by the Parties at a session of the Executive Body identifies best available techniques’.

                  6.

                  New paragraphs 2 bis and 2 ter are inserted after paragraph 2 as follows:
                  ‘2 bis.   A Party that was already a Party to the present Protocol prior to the entry into force of an amendment that introduces new source categories may apply the limit values applicable to an “existing stationary source” to any source in such a new category the construction or substantial modification of which is commenced before the expiry of two years from the date of entry into force of that amendment for that Party, unless and until that source later undergoes substantial modification.
                  2 ter.   A Party that was already a Party to the present Protocol prior to the entry into force of an amendment that introduces new limit values applicable to a “new stationary source” may continue to apply the previously applicable limit values to any source the construction or substantial modification of which is commenced before the expiry of two years from the date of entry into force of that amendment for that Party, unless and until that source later undergoes substantial modification.’

                  7.

                  In paragraph 5:

                              (a)

                              The words ‘, for those Parties within geographical scope of EMEP, using as a minimum the methodologies specified by the Steering Body of EMEP, and, for those Parties outside the geographical scope of EMEP, using as guidance the methodologies developed through the work plan of the Executive Body’ are deleted and replaced by a full stop ‘.’.

                              (b)

                              The following text is added after the first sentence:
                              ‘Parties within the geographic scope of EMEP shall use the methodologies specified in guidelines prepared by the Steering Body of EMEP and adopted by the Parties at a session of the Executive Body. Parties in areas outside the geographic scope of EMEP shall use as guidance the methodologies developed through the workplan of the Executive Body.’

                  8.

                  A new paragraph 8 is added at the end of article 3, as follows:
                  ‘8.   Each Party should actively participate in programmes under the Convention on the effects of air pollution on human health and the environment and programmes on atmospheric monitoring and modelling.’

            (c)   Article 3 bis

                  9.

                  A new article 3 bis is added as follows:
                  ‘Article 3 bis
                  Flexible transitional arrangements
                  1.   Notwithstanding article 3, paragraphs 2 (c) and 2 (d), a Party to the Convention that becomes a Party to the present Protocol between 1 January 2014 and 31 December 2019 may apply flexible transitional arrangements for the implementation of best available techniques and limit values to existing stationary sources in specific stationary source categories under the conditions specified in this article.
                  2.   Any Party electing to apply the flexible transitional arrangements under this article shall indicate in its instrument of ratification, acceptance, approval or accession to the present Protocol the following:

                              (a)

                              The specific stationary source categories listed in annex II for which the Party is electing to apply flexible transitional arrangements, provided that no more than four such categories may be listed;

                              (b)

                              Stationary sources for which construction or the last substantial modification commenced prior to 1990 or an alternative year of the period 1985–1995 inclusive, specified by a Party upon ratification, acceptance, approval or accession, which are eligible for flexible transitional arrangements as set out in paragraph 5; and

                              (c)

                              An implementation plan consistent with paragraphs 3 and 4 identifying a timetable for full implementation of the specified provisions.

                        3.   A Party shall, as a minimum, apply best available techniques for existing stationary sources in categories 1, 2, 5 and 7 of annex II no later than eight years after the entry into force of the present Protocol for the Party, or 31 December 2022, whichever is sooner, except as provided in paragraph 5.
                  4.   In no case may a Party's application of best available techniques or limit values for any existing stationary sources be postponed past 31 December 2030.
                  5.   With respect to any source or sources indicated pursuant to paragraph 2 (b), a Party may decide, no later than eight years after entry into force of the present Protocol for the Party, or 31 December 2022, whichever is sooner, that such source or sources will be closed down. A list of such sources shall be provided as part of the Party's next report pursuant to paragraph 6. Requirements for application of best available techniques and limit values will not apply to any such source or sources, provided the source or sources are closed down no later than 31 December 2030. For any such source or sources not closed down as of that date, a Party must thereafter apply the best available techniques and limit values applicable to new sources in the applicable source category.
                  6.   A Party electing to apply the flexible transitional arrangements under this article shall provide the Executive Secretary of the Commission with triennial reports of its progress towards implementation of best available techniques and limit values to the stationary sources in the stationary source categories identified pursuant to this article. The Executive Secretary of the Commission will make such triennial reports available to the Executive Body.’

            (d)   Article 7

                  10.

                  In paragraph 1 (a):

                              (a)

                              The semi-colon at the end of the paragraph ‘;’ is replaced by ‘. Moreover:’;
                              and

                              (b)

                              New subparagraphs (i) and (ii) are inserted as follows:

                                          ‘(i)

                                          Where a Party applies different emission reduction strategies under article 3 paragraphs 2 (b), (c) or (d), it shall document the strategies applied and its compliance with the requirements of those paragraphs;

                                          (ii)

                                          Where a Party judges the application of certain limit values, as specified in accordance with article 3, paragraph 2 (d), not to be technically and economically feasible, it shall report and justify this;’

                  11.

                  For paragraph 1 (b) there is substituted the following:

                              ‘(b)

                              Each Party within the geographical scope of EMEP shall report to EMEP, through the Executive Secretary of the Commission, information on the levels of emissions of heavy metals listed in annex I, using the methodologies specified in guidelines prepared by the Steering Body of EMEP and adopted by the Parties at a session of the Executive Body. Parties in areas outside the geographical scope of EMEP shall report available information on levels of emissions of the heavy metals listed in annex I. Each Party shall also provide information on the levels of emissions of the substances listed in annex I for the reference year specified in that annex;’

                  12.

                  New paragraphs are added after paragraph 1 (b) as follows:

                              ‘(c)

                              Each Party within the geographical scope of EMEP should report available information to the Executive Body, through the Executive Secretary of the Commission, on its air pollution effects programmes on human health and the environment and atmospheric monitoring and modelling programmes under the Convention using guidelines adopted by the Executive Body;

                              (d)

                              Parties in areas outside the geographical scope of EMEP should make available information similar to that specified in subparagraph (c), if requested to do so by the Executive Body.’

                  13.

                  In paragraph 3:

                              (a)

                              The words ‘In good time before each annual session of’ are replaced by ‘Upon the request of and in accordance with timescales decided by’;

                              (b)

                              The words ‘and other subsidiary bodies’ are inserted after the word ‘EMEP’;

                              (c)

                              The word ‘relevant’ is inserted after the word ‘provide’.

            (e)   Article 8

                  14.

                  The words ‘EMEP shall, using appropriate models and measurements and in good time before each annual session of the Executive Body’ are replaced by ‘Upon the request of and in accordance with timescales decided by the Executive Body, EMEP and its technical bodies and centres shall, using appropriate models and measurements,’.

            (f)   Article 10

                  15.

                  In paragraph 4:

                              (a)

                              The word ‘consider’ is inserted after the word ‘shall’;

                              (b)

                              The word ‘develop’ is replaced by the word ‘developing’;

                              (c)

                              The words ‘to reduce emissions into the atmosphere of the heavy metals listed in annex I’ are deleted.

            (g)   Article 13

                  16.

                  In paragraph 3:

                              (a)

                              The words ‘and to annexes I, II, IV, V and VI’ are replaced by the words ‘other than to annexes III and VII’;

                              (b)

                              The words ‘on which two thirds of the Parties’ are replaced by the words ‘on which two thirds of those that were Parties at the time of their adoption’

                  17.

                  In paragraph 4 the word ‘ninety’ is replaced by the figure ‘180’.

                  18.

                  In paragraph 5 the word ‘ninety’ is replaced by the figure ‘180’.

                  19.

                  New paragraphs 5 bis and 5 ter are inserted after paragraph 5 as follows:
                  ‘5 bis.   For those Parties having accepted it, the procedure set out in paragraph 5 ter supersedes the procedure set out in paragraph 3 in respect of amendments to annexes II, IV, V and VI.
                  5 ter.   Amendments to annexes II, IV, V and VI shall be adopted by consensus of the Parties present at a session of the Executive Body. On the expiry of one year from the date of its communication to all Parties by the Executive Secretary of the Commission, an amendment to any such annex shall become effective for those Parties which have not submitted to the Depositary a notification in accordance with the provisions of subparagraph (a):

                              (a)

                              Any Party that is unable to approve an amendment to annexes II, IV, V and VI shall so notify the Depositary in writing within one year from the date of the communication of its adoption. The Depositary shall without delay notify all Parties of any such notification received. A Party may at any time substitute an acceptance for its previous notification and, upon deposit of an instrument of acceptance with the Depositary, the amendment to such an annex shall become effective for that Party;

                              (b)

                              Any amendment to annexes II, IV, V and VI shall not enter into force if an aggregate number of 16 or more Parties have either:

                                          (i)

                                          Submitted a notification in accordance with the provisions of subparagraph (a); or

                                          (ii)

                                          Not accepted the procedure set out in this paragraph and not yet deposited an instrument of acceptance in accordance with the provisions of paragraph 3.’

            (h)   Article 15

                  20.

                  A new paragraph 3 is added after paragraph 2 as follows:
                  ‘3.   A State or regional economic integration organization shall declare in its instrument of ratification, acceptance, approval or accession if it does not intend to be bound by the procedures set out in article 13, paragraph 5 ter, as regards the amendment of annexes II, IV, V and VI.’

            (i)   Annex II

                  21.

                  In the table under subheading II, the words ‘lead and zinc’ in the first line under the description of category 5 are replaced with the words ‘lead, zinc and silico- and ferro-manganese alloys’.

            (j)   Annex IV

                  22.

                  The number ‘1.’ is added in front of the first paragraph.

                  23.

                  In subparagraph (a), the words ‘for a Party’ are inserted after the word ‘Protocol’.

                  24.

                  In subparagraph (b):

                              (a)

                              In the first sentence the word ‘eight’ is replaced by the word ‘two’.

                              (b)

                              At the end of the first sentence, the words ‘for a Party or 31 December 2020, whichever is the later’ are inserted after the word ‘Protocol’.

                              (c)

                              The last sentence is deleted.

                  25.

                  At the end of the annex new paragraphs 2 and 3 are inserted as follows:

                              ‘2.

                              Notwithstanding paragraph 1, but subject to paragraph 3, a Party to the Convention that becomes a Party to the present Protocol between 1 January 2014, and 31 December 2019, may declare upon ratification, acceptance, approval of, or accession to, the present Protocol that it will extend the timescales for application of the limit values referred to in article 3, paragraph 2 (d) up to 15 years after the date of entry into force of the present Protocol for the Party in question.

                              3.

                              A Party that has made an election pursuant to article 3 bis of the present Protocol with respect to a particular stationary source category may not also make a declaration pursuant to paragraph 2 applicable to the same source category.’

            (k)   Annex V

                  26.

                  For Annex V the following text is substituted:

                     ‘ANNEX V

                        Limit values for controlling emissions from major stationary sources

                                 1.

                                 Two types of limit value are important for heavy metal emission control:

                                             (a)

                                             Values for specific heavy metals or groups of heavy metals; and

                                             (b)

                                             Values for emissions of particulate matter in general.

                                 2.

                                 In principle, limit values for particulate matter cannot replace specific limit values for cadmium, lead and mercury because the quantity of metals associated with particulate emissions differs from one process to another. However, compliance with these limits contributes significantly to reducing heavy metal emissions in general. Moreover, monitoring particulate emissions is generally less expensive than monitoring individual species and continuous monitoring of individual heavy metals is in general not feasible. Therefore, particulate matter limit values are of great practical importance and are also laid down in this annex in most cases to complement specific limit values for cadmium or lead or mercury.

                                 3.

                                 Section A applies to Parties other than the United States of America. Section B applies to the United States of America.

                           A.   Parties other than the United States of America

                                 4.

                                 In this section only, “dust” means the mass of particles, of any shape, structure or density, dispersed in the gas phase at the sampling point conditions which may be collected by filtration under specified conditions after representative sampling of the gas to be analysed, and which remain upstream of the filter and on the filter after drying under specified conditions.

                                 5.

                                 For the purpose of this section, “emission limit value” (ELV) or “limit value” means the quantity of dust and specific heavy metals under this Protocol contained in the waste gases from an installation that is not to be exceeded. Unless otherwise specified, it shall be calculated in terms of mass of pollutant per volume of the waste gases (expressed as mg/m3), assuming standard conditions for temperature and pressure for dry gas (volume at 273,15 K, 101,3 kPa). With regard to the oxygen content of the waste gas, the values given for selected major stationary source categories shall apply. Dilution for the purpose of lowering concentrations of pollutants in waste gases is not permitted. Start-up, shutdown and maintenance of equipment are excluded.

                                 6.

                                 Emissions shall be monitored in all cases via measurements or through calculations achieving at least the same accuracy. Compliance with limit values shall be verified through continuous or discontinuous measurements, or any other technically sound method including verified calculation methods. Measurements of relevant heavy metals shall be made at least once every three years for each industrial source. Guidance documents on the methods for undertaking measurements and calculations adopted by the Parties at the session of the Executive Body shall be taken into account. In case of continuous measurements, compliance with the limit value is achieved if the validated monthly emission average does not exceed the ELV. In case of discontinuous measurements or other appropriate determination or calculation procedures, compliance with the ELVs is achieved if the mean value based on an appropriate number of measurements under representative conditions does not exceed the value of the emission standard. The inaccuracy of the measurement methods may be taken into account for verification purposes. Indirect monitoring of substances is also possible via sum parameters/cumulative parameters (e.g., dust as a sum parameter for heavy metals). In some cases using a certain technique to treat emissions can assure a value/limit value is maintained or met.

                                 7.

                                 Monitoring of relevant polluting substances and measurements of process parameters, as well as the quality assurance of automated measuring systems and the reference measurements to calibrate those systems, shall be carried out in accordance with CEN standards. If CEN standards are not available, ISO standards, national standards or international standards which will ensure the provisions of data of an equivalent scientific quality shall apply.

                           Combustion plants (boilers and process heaters) with a rated thermal input exceeding 50 MWth

                         (1)

                           (annex II, category 1)

                                 8.

                                 Limit values for dust emissions for combustion of solid and liquid fuels, other than biomass and peat: (2)

                                    Table 1

                                                Fuel type

                                                Thermal input (MWth)

                                                ELV for dust (mg/m3)
                                                 (1)

                                             Solid fuels

                                             50–100

                                             New plants:
                                             20 (coal, lignite and other solid fuels)

                                             Existing plants:
                                             30 (coal, lignite and other solid fuels)

                                             100–300

                                             New plants:
                                             20 (coal, lignite and other solid fuels)

                                             Existing plants:
                                             25 (coal, lignite and other solid fuels)

                                             > 300

                                             New plants:
                                             10 (coal, lignite and other solid fuels)

                                             Existing plants:
                                             20 (coal, lignite and other solid fuels)

                                             Liquid fuels

                                             50–100

                                             New plants:
                                             20

                                             Existing plants:

                                                         30 (in general)

                                                         50 for the firing of distillation and conversion residues within refineries from the refining of crude oil for own consumption in combustion plants

                                             Liquid fuels

                                             100–300

                                             New plants:
                                             20

                                             Existing plants:

                                                         25 (in general)

                                                         50 for the firing of distillation and conversion residues within refineries from the refining of crude oil for own consumption in combustion plants

                                             > 300

                                             New plants:
                                             10

                                             Existing plants:

                                                         20 (in general)

                                                         50 for the firing of distillation and conversion residues within refineries from the refining of crude oil for own consumption in combustion plants

                                 9.

                                 Special provisions for combustion plants referred to in paragraph 8:

                                             (a)

                                             A Party may derogate from the obligation to comply with the ELVs provided for in paragraph 8 in the following cases:

                                                         (i)

                                                         For combustion plants normally using gaseous fuel which have to resort exceptionally to the use of other fuels because of a sudden interruption in the supply of gas and for this reason would need to be equipped with a waste gas purification facility;

                                                         (ii)

                                                         For existing combustion plants not operated more than 17 500 operating hours, starting from 1 January 2016 and ending no later than 31 December 2023;

                                             (b)

                                             Where a combustion plant is extended by at least 50 MWth, the ELV specified in paragraph 8 for new installations shall apply to the extensional part affected by the change. The ELV is calculated as an average weighted by the actual thermal input for both the existing and the new part of the plant;

                                             (c)

                                             Parties shall ensure that provisions are made for procedures relating to malfunction or breakdown of the abatement equipment;

                                             (d)

                                             In the case of a multi-fuel firing combustion plant involving the simultaneous use of two or more fuels, the ELV shall be determined as the weighted average of the ELVs for the individual fuels, on the basis of the thermal input delivered by each fuel.

                           Primary and secondary iron and steel industry (annex II, category 2 and 3)

                                 10.

                                 Limit values for dust emissions:

                                    Table 2

                                                Activity

                                                ELV for dust (mg/m3)

                                             Sinter plant

                                             50

                                             Pelletization plant

                                             20 for crushing, grinding and drying
                                             15 for all other process steps

                                             Blast furnace: hot stoves

                                             10

                                             Basic oxygen steelmaking and casting

                                             30

                                             Electric steelmaking and casting

                                             15 (existing)
                                             5 (new)

                           Iron foundries (annex II, category 4)

                                 11.

                                 Limit values for dust emissions for iron foundries:

                                    Table 3

                                                Activity

                                                ELV for dust (mg/m3)

                                             Iron foundries:
                                             all furnaces (cupola, induction, rotary); all mouldings (lost, permanent)

                                             20

                                             Hot rolling

                                             20
                                             50 where a bag filter cannot be applied due to the presence of wet fumes

                           Production and processing of copper, zinc and silico- and ferro- manganese alloys, including Imperial Smelting furnaces (annex II, categories 5 and 6)

                                 12.

                                 Limit value for dust emissions for copper, zinc and silico- and ferro-manganese alloys production and processing:

                                    Table 4

                                                ELV for dust (mg/m3)

                                             Non-ferrous metal production and processing

                                             20

                           Production and processing of lead (annex II, categories 5 and 6)

                                 13.

                                 Limit value for dust emissions for lead production and processing:

                                    Table 5

                                                ELV for dust (mg/m3)

                                             Lead production and processing

                                             5

                           Cement industry (annex II, category 7)

                                 14.

                                 Limit values for dust emissions for cement production:

                                    Table 6

                                                ELV for dust (mg/m3)
                                                 (2)

                                             Cement installations, kilns, mills and clinker coolers

                                             20

                                             Cement installations, kilns, mills and clinker coolers using co-incineration of waste

                                             20

                           Glass industry (annex II, category 8)

                                 15.

                                 Limit values for dust emissions for glass manufacturing:

                                    Table 7

                                                ELV for dust (mg/m3)
                                                 (3)

                                             New installations

                                             20

                                             Existing installations

                                             30

                                 16.

                                 Limit value for lead emissions for glass manufacturing: 5 mg/m3.

                           Chlor-alkali industry (annex II, category 9)

                                 17.

                                 Existing chlor-alkali plants using the mercury cell process shall convert to use of mercury free technology or close by 31 December 2020; during the period up until conversion the levels of mercury released by a plant into the air of 1 g per Mg (3) chlorine production capacity apply.

                                 18.

                                 New chlor-alkali plants are to be operated mercury free.

                           Waste incineration (annex II, categories 10 and 11)

                                 19.

                                 Limit value for dust emissions for waste incineration:

                                    Table 8

                                                ELV for dust (mg/m3)
                                                 (4)

                                             Municipal, non-hazardous, hazardous and medical waste incineration

                                             10

                                 20.

                                 Limit value for mercury emissions for waste incineration: 0,05 mg/m3.

                                 21.

                                 Limit value for mercury emissions for co-incineration of waste in source categories 1 and 7: 0,05 mg/m3.

                           B.   United States of America

                                 22.

                                 Limit values for controlling emissions of particulate matter and/or specific heavy metals from stationary sources in the following stationary source categories, and the sources to which they apply, are specified in the following documents:

                                             (a)

                                             Steel Plants: Electric Arc Furnaces — 40 C.F.R. Part 60, Subpart AA and Subpart AAa;

                                             (b)

                                             Small Municipal Waste Combustors — 40 C.F.R. Part 60, Subpart AAAA;

                                             (c)

                                             Glass Manufacturing — 40 C.F.R. Part 60, Subpart CC;

                                             (d)

                                             Electric Utility Steam Generating Units — 40 C.F.R. Part 60, Subpart D and Subpart Da;

                                             (e)

                                             Industrial-Commercial-Institutional Steam Generating Units — 40 C.F.R. Part 60, Subpart Db and Subpart Dc;

                                             (f)

                                             Municipal Waste Incinerators — 40 C.F.R. Part 60, Subpart E, Subpart Ea and Subpart Eb;

                                             (g)

                                             Hospital/Medical/Infectious Waste Incinerators — 40 C.F.R. Part 60, Subpart Ec;

                                             (h)

                                             Portland Cement — 40 C.F.R. Part 60, Subpart F;

                                             (i)

                                             Secondary Lead Smelters — 40 C.F.R. Part 60, Subpart L;

                                             (j)

                                             Basic Oxygen Process Furnaces — 40 C.F.R. Part 60, Subpart N;

                                             (k)

                                             Basic Process Steelmaking Facilities (after 20 January 1983) — 40 C.F.R. Part 60, Subpart Na;

                                             (l)

                                             Primary Copper Smelters — 40 C.F.R. Part 60, Subpart P;

                                             (m)

                                             Primary Zinc Smelters — 40 C.F.R. Part 60, Subpart Q;

                                             (n)

                                             Primary Lead Smelters — 40 C.F.R. Part 60, Subpart R;

                                             (o)

                                             Ferroalloy Production Facilities — 40 C.F.R. Part 60, Subpart Z;

                                             (p)

                                             Other Solid Waste Incineration Units (after 9 December 2004) — 40 C.F.R. Part 60, Subpart EEEE;

                                             (q)

                                             Secondary lead smelters — 40 C.F.R. Part 63, Subpart X;

                                             (r)

                                             Hazardous waste combustors — 40 C.F.R. Part 63, Subpart EEE;

                                             (s)

                                             Portland cement manufacturing — 40 C.F.R. Part 63, Subpart LLL;

                                             (t)

                                             Primary copper — 40 C.F.R. Part 63, Subpart QQQ;

                                             (u)

                                             Primary lead smelting — 40 C.F.R. Part 63, Subpart TTT;

                                             (v)

                                             Iron and steel foundries — 40 C.F.R. Part 63, Subpart EEEEE;

                                             (w)

                                             Integrated iron and steel manufacturing — 40 C.F.R. Part 63, Subpart FFFFF;

                                             (x)

                                             Electric Arc Furnace Steelmaking Facilities — 40 C.F.R. Part 63, Subpart YYYYY;

                                             (y)

                                             Iron and steel foundries — 40 C.F.R. Part 63, Subpart ZZZZZ;

                                             (z)

                                             Primary Copper Smelting Area Sources — 40 C.F.R. Part 63, Subpart EEEEEE;

                                             (aa)

                                             Secondary Copper Smelting Area Sources — 40 C.F.R. Part 63, Subpart FFFFFF;

                                             (bb)

                                             Primary Nonferrous Metals Area Sources: Zinc, Cadmium, and Beryllium — 40 C.F.R. Part 63, Subpart GGGGGG;

                                             (cc)

                                             Glass manufacturing (area sources) — 40 C.F.R. Part 63, Subpart SSSSSS;

                                             (dd)

                                             Secondary Nonferrous Metal Smelter (Area Sources) — 40 C.F.R. Part 63, Subpart TTTTTT;

                                             (ee)

                                             Ferroalloys Production (Area Sources) — 40 C.F.R. Part 63, Subpart YYYYYY;

                                             (ff)

                                             Aluminum, Copper, and Nonferrous Foundries (Area Sources) — 40 C.F.R. Part 63, Subpart ZZZZZZ;

                                             (gg)

                                             Standards of Performance for Coal Preparation and Processing Plants — 40 C.F.R. Part 60, Subpart Y;

                                             (hh)

                                             Industrial, Commercial, Institutional and Process Heaters — 40 C.F.R. Part 63, Subpart DDDDD;

                                             (ii)

                                             Industrial, Commercial and Institutional Boilers (Area Sources) — 40 C.F.R. Part 63, Subpart JJJJJJ;

                                             (jj)

                                             Mercury Cell Chlor-Alkali Plants — 40 C.F.R. Part 63, Subpart IIIII;
                                             and

                                             (kk)

                                             Standards of Performance Commercial and Industrial Solid Waste Incineration Units for which Construction is Commenced after November 30, 1999, or for which Modification or Reconstruction is Commenced on or after 1 June 2001 — 40 C.F.R. Part 60, Subpart CCCC.’

            (l)   Annex VI

                  27.

                  In paragraph 1:

                              (a)

                              The words ‘Except as otherwise provided in this annex, no’ are deleted and replaced by ‘No’;

                              (b)

                              The words ‘six months after’ are deleted;

                              (c)

                              The words ‘for a Party’ are added after the word ‘Protocol’.

                  28.

                  Paragraph 3 is deleted.

                  29.

                  In paragraph 4, the word ‘A’ is replaced by the words ‘Notwithstanding paragraph 1, a’.

                  30.

                  In paragraph 5, the following text is substituted for the chapeau prior to subparagraph (a):
                  ‘Each Party shall, no later than the date of entry into force of this Protocol for that Party, achieve concentration levels which do not exceed:’

         (1)  The rated thermal input of the combustion plant is calculated as the sum of the input of all units connected to a common stack. Individual units below 15 MWth shall not be considered when calculating the total rated thermal input.

         (2)  In particular, the ELVs shall not apply to:

                  —

                  Plants using biomass and peat as their only fuel source

                  —

                  Plants in which the products of combustion are used for direct heating, drying, or any other treatment of objects or materials;

                  —

                  Post-combustion plants designed to purify the waste gases by combustion which are not operated as independent combustion plants;

                  —

                  Facilities for the regeneration of catalytic cracking catalysts;

                  —

                  Facilities for the conversion of hydrogen sulphide into sulphur;

                  —

                  Reactors used in the chemical industry;

                  —

                  Coke battery furnaces;

                  —

                  Cowpers;

                  —

                  Recovery boilers within installations for the production of pulp;

                  —

                  Waste incinerators; and

                  —

                  Plants powered by diesel, petrol or gas engines or by combustion turbines, irrespective of the fuel used.

         (1)  Limit values refer to an oxygen content of 6 % for solid fuels and 3 % for liquid fuels.

         (2)  Limit values refer to an oxygen content of 10 %.

         (3)  Limit values refer to an oxygen content of 8 % for continuous melting and 13 % for discontinuous melting.

         (3)  1 Mg = 1 tonne.

         (4)  Limit value refers to an oxygen content of 11 %.


Avis juridique important

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31982D0729

82/729/ECSC: Council Decision of 26 October 1982 designating representative organizations required to draw up lists of candidates for the Consultative Committee of the European Coal and Steel Community

Official Journal L 310 , 06/11/1982 P. 0026 - 0028 Finnish special edition: Chapter 1 Volume 2 P. 0024  Swedish special edition: Chapter 1 Volume 2 P. 0024

*****COUNCIL  DECISION  of 26 October 1982  designating representative organizations required to draw up lists of candidates for the Consultative Committee of the European Coal and Steel Community  (82/729/ECSC)  THE COUNCIL OF THE EUROPEAN  COMMUNITIES,  Having regard to Article 18 of the Treaty establishing the European Coal and Steel Community,  Whereas, by its Decision of 20 October 1980 (1), the Council designated the producers' and workers' organizations referred to in the third subparagraph of that Article;  Whereas, by its Decision of 25 November 1980 (2), the Council appointed the members of the Consultative Committee for the period 25 November 1980 to 24 November 1982;  Whereas the representative organizations, which are required to draw up lists of twice as many candidates as there are seats allotted to them, should be designated in order that the Consultative Committee may be renewed for a period of two years,  HAS DECIDED AS FOLLOWS:  Article 1  The representative organizations of producers and workers listed in the table annexed to this Decision are hereby designated to draw up lists of candidates on the basis of which the members of the Consultative Committee of the European Coal and Steel Community shall be appointed in numbers equal to those shown in the aforesaid table in respect of those same organizations.  Article 2  The Council will at a later date supplement the designation of the organizations required to nominate candidates in the workers' category.  Done at Luxembourg, 26 October 1982.  For the Council  The President  U. ELLEMANN-JENSEN  (1) OJ No L 283, 28. 10. 1980, p. 28.  (2) OJ No L 326, 2. 12. 1980, p. 20.  ANNEX  1.2.3 //   //   //   // Country  // Names of organizations  // Number of seats  //   //   //   //   //   //   //   // 1. Producers' organizations  //   // Belgium  // - Comité de la sidérurgie belge, Bruxelles  // 2  //   // Belgisch IJzer- en Staalcomité, Brussel  //   //   // - Fédération charbonnière de Belgique, Bruxelles  // 1  //   // Belgische Steenkoolfederatie, Brussel  //   // Denmark  // - Foreningen af Danske Staalproducenter, c/o Det Danske Staalvalsevaerk, Frederiksvaerk  // 1  // Germany  // - Unternehmensverband Ruhrbergbau, Essen  // 2  //   // - Unternehmensverband Saarbergbau, Saarbruecken  // 1  //   // - Unternehmensverband des Aachener Steinkohlenbergbaus e. V., Aachen  // 1  //   // - Wirtschaftsvereinigung Eisen- und Stahlindustrie, Duesseldorf  // 2  //   // - Verband der Saarhuetten, Fach- und Arbeitgeberverband, Saarbruecken  // 1  // France  // - Charbonnages de France, Paris  // 2  //   // - Chambre syndicale de la sidérurgie française, Paris  // 1  //   // - Chambre syndicale des mines de fer de France, Paris  // 1  // Greece  // - Sýndesmos Ellinikón Viomichanión  // 1  // Ireland  // - Irish Steel Ltd, Dublin  // 1  // Italy  // - Associazione industrie siderurgiche italiane (Assider), Milano  // 1  //   // - Industrie siderurgiche associate (ISA), Milano  // 1  // Luxembourg  // - Groupement des industries sidérurgiques luxembourgeoises, Luxembourg  // 2  // Netherlands  // - Vereniging de Nederlandse IJzer- en Staalproducerende Industrie (NIJSI), Nijmegen  // 1  // United Kingdom  // - National Coal Board, London  // 3  //   // - British Steel Corporation, London  // 2  //   // - British Independent Steel Producers' Association, London  // 1 28  //  //   //  1.2.3 //    //   //   // Country  // Names of organizations  // Number of seats  //   //   //   //   //   //   //   // 2. Workers' organizations  //   // Belgium  // - Confédération des syndicats chrétiens de Belgique (CSCB), Bruxelles Algemeen Christelijk Vakverbond van België (ACVB), Brussel  // 2  //  // - Fédération générale du travail de Belgique (FGTB), Bruxelles Algemeen Belgisch Vakverbond (ABVV), Brussel  // 1  // Denmark  // - Centralorganisationen af Metalarbejdere i Danmark, Koebenhavn  // 1  // Germany  // - Industriegewerkschaft Bergbau und Energie, Bochum  // 2  //  // - Industriegewerkschaft Metall, Frankfurt/Main  // 3  //  // - Deutscher Gewerkschaftsbund, Duesseldorf  // 1  // France  // . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  // 4  // Greece  // - Genikí Synomospondía Ergatón Elládos  // 1  // Ireland  // - Irish Congress of Trade Unions, Dublin  // 1  // Italy  // - Confederazione generale italiana del lavoro (CGIL), Roma  // 1  //   // - Confederazione italiana sindacati lavoratori (CISL), Roma  // 1  //   // - Unione italiana del lavoro (UIL), Roma  // 1  // Luxembourg  // - Confédération syndicale indépendante (OGBL), Esch/Alzette  // 1  // Netherlands  // - Christelijk Nationaal Vakverbond (CNV), Utrecht  // 1  //   // - Industriebond FNV, Amsterdam  // 1  // United Kingdom  // - National Union of Mineworkers, London  // 2  //   // - National Association of Colliery Overmen, Deputies and Shotfirers, London  // 1  //   // - TUC Steel Committee, London  // 3 28  //   //   //