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Likums Saeimā pieņemts 2022. gada 15. septembrī.

Valsts prezidents

E. Levits

Rīgā 2022. gada 27. septembrī

Decision

2009/1

Amendment of the text of and annexes I, II, III, IV, VI and VIII

to the 1998 Protocol on Persistent Organic Pollutants

The Parties to the 1998 Protocol on

Persistent Organic Pollutants meeting within the twenty-seventh

session of the Executive Body,

Decide to amend the 1998 Protocol on Persistent Organic

Pollutants (the "POPs Protocol") to the Convention on

Long-Range Transboundary Air Pollution as follows:

ARTICLE 1: AMENDMENT

A. Article 1

For paragraph 12 there shall be substituted:

"New stationary source" means any stationary source

of which the construction or substantial modification is

commenced after the expiry of 2 years from the date of entry into

force for a Party of:

(a) the present Protocol; or

(b) an amendment to the present Protocol that, with respect to

a stationary source, either introduces new limit values in Part

II of Annex IV or introduces the category in Annex VIII in which

that source falls.

It shall be a matter for the competent national authorities to

decide whether a modification is substantial or not, taking into

account such factors as the environmental benefits of the

modification.

B. Article 3

1. In Article 3, paragraphs 5(b)(i) and 5(b)(iii) of the POPs

Protocol, for the words:

"for which Annex V identifies best available

techniques" there shall be substituted:

"for which guidance adopted by the Parties at a session

of the Executive Body identifies best available

techniques".

2. The semi-colon at the end of paragraph 5(b)(iv) shall be

changed to a full stop.

3. Paragraph 5(b)(v) is deleted.

C. Article 13

The words "Annexes V and VII are" shall be replaced

by the words "Annex V is"

D. Article 14

1. Paragraph 3 shall be replaced by the following:

"3. Amendments to the present Protocol and to Annexes I

to IV, VI and VIII shall be adopted by consensus of the Parties

present at a session of the Executive Body, and shall enter into

force for the Parties which have accepted them on the ninetieth

day after the date on which two thirds of those that were Parties

at the time of their adoption have deposited with the Depositary

their instruments of acceptance thereof. Amendments shall enter

into force for any other Party on the ninetieth day after the

date on which that Party has deposited its instrument of

acceptance thereof. This paragraph shall be subject to paragraphs

5 bis and 5 ter below."

2. In paragraph 4, for the words "Annexes V and VII"

shall be substituted "Annex V" and for the words

"any such Annex" shall be substituted "Annex

V".

3. In paragraph 5, the words "or VII" shall be

deleted and for the words "such an Annex" shall be

substituted "Annex V".

4. After paragraph 5, the following new paragraphs shall be

added:

"5 bis. For those Parties having accepted it, the

procedure set out in paragraph 5ter below shall supersede the

procedure set out in paragraph 3 above in respect of amendments

to Annexes I to IV, VI and VIII."

"5 ter.

(a) Amendments to Annexes I to IV, VI and VIII 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

(b) below;

(b) Any Party that is unable to approve an amendment to

Annexes I to IV, VI and VIII 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;

(c) Any amendment to Annexes I to IV, VI and VIII shall not

enter into force if an aggregate number of sixteen or more

Parties have either:

(i) Submitted a notification in accordance with the provisions

of subparagraph (b) above; 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 above".

E. Article 16

A new paragraph shall be added after paragraph 2 as

follows:

"3. A State or Regional Economic Integration Organisation

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 14, paragraph 5 ter as regards the

amendment of Annexes I to IV, VI and VIII."

F. Annex I

1. In the listing for the substance DDT, the conditions

(numbered 1 and 2) on elimination of production shall be deleted

and replaced by the word "None" and the words

"except as identified in Annex II" in the conditions on

use shall be deleted.

2. In the listing for the substance Heptachlor, the conditions

on use shall be deleted and replaced by the word

"None".

3. In the listing for the substance Hexachlorobenzene, the

conditions on production and use shall be deleted and in each

case replaced by the word "None".

4. Listings for the following substances shall be added by

inserting in appropriate alphabetical order the following

rows:

Hexachlorobutadiene

CAS: 87-68-3

Production

None

Use

None

Hexachlorocyclohexanes (HCH) (CAS: 608-731), including

lindane (CAS: 58-89-9)

Production

None

Use

None, except for the gamma

isomer of HCH (lindane), used as topical insecticide for

public health purposes. Such uses shall be re-evaluated under

this Protocol in 2012 or one year after the amendment enters

into force, whichever is later.

Hexabromodiphenyl

ether a/ and heptabromodiphenyl

ether a/

Production

None

Use

1. A Party may allow recycling of articles that contain or

may contain any of these substances, and the use and final

disposal of articles manufactured from recycled materials

that contain or may contain any of these substances,

provided that the recycling and final disposal is carried

out in an environmentally sound manner and does not lead to

recovery of any of these substances for the purpose of

their reuse.

2. Commencing 2013 and every four years subsequently

until the above condition is removed or otherwise expires,

the Executive Body shall evaluate the progress that Parties

have made towards achieving their ultimate objective of

elimination of these substances contained in articles and

review the continued need for the condition, which shall in

any case expire at the latest in 2030.

Tetrabromodiphenyl

ether b/ and pentabromodiphenyl ether

b/

Production

None

Use

1. A Party may allow recycling of articles that contain or

may contain any of these substances, and the use and final

disposal of articles manufactured from recycled materials

that contain or may contain any of these substances,

provided that the recycling and final disposal is carried

out in an environmentally sound manner and does not lead to

recovery of any of these substances for the purpose of

their reuse.

2. Commencing 2013 and every four years subsequently

until the above condition is removed or otherwise expires,

the Executive Body shall evaluate the progress that Parties

have made towards achieving their ultimate objective of

elimination of these substances contained in articles and

review the continued need for the condition, which shall in

any case expire at the latest in 2030.

Pentachlorobenzene

CAS: 608-93-5

Production

None

Use

None

Perfluorooctane

sulfonate (PFOS) c/

Production

None, except for production for

the uses (a)-(c) below, and (a)-(e) in Annex II

Use

None, except for the following uses and uses (a)-(e) in

Annex II:

(a) Chromium electroplating, chromium anodizing and

reverse etching until 2014;

(b) Electroless nickel-polytetrafluoroethylene plating

until 2014;

(c) Etching of plastic substrates prior to their

metallization until 2014;

(d) Firefighting foams, but only if they have been

manufactured or were in use by 18 December 2009

With respect to firefighting foams:

(i) Parties should endeavour to eliminate by 2014

firefighting foams containing PFOS that were manufactured

or in use by 18 December 2009 and shall report on their

progress to the Executive Body in 2014;

(ii) Based on the reports of the Parties and paragraph

(i), the Executive Body shall in 2015 assess whether the

use of firefighting foams containing PFOS that were

manufactured or in use by 18 December 2009 should be

subject to additional restrictions.

5. The listing for the substance PCB shall be deleted and

replaced by the following row:

Polychlorinated

biphenyls (PCBs) d/

Production

None

Use

None. Concerning PCBs in use by the implementation date,

Parties shall:

1. Make determined efforts designed to lead to:

(a) The elimination of the use of identifiable PCBs in

equipment (i.e. transformers, capacitors or other

receptacles containing residual liquid stocks) containing

PCBs in volumes greater than 5 dm3 and having a

concentration of 0.05 % PCBs or greater, as soon as

possible but no later than 31 December 2010, or 31 December

2015 for countries with economies in transition;

(b) The destruction or decontamination in an

environmentally sound manner of:

− All liquid PCBs referred to in a subparagraph (a) and

other liquid PCBs containing more than 0.005 % PCBs not in

equipment, as soon as possible but no later than 31

December 2015, or 31 December 2020 for countries with

economies in transition;

− All liquid PCBs referred to in a paragraph 2(a) no

later than 31 December 2029;

(c) The decontamination or disposal of equipment

referred in subparagraphs 1(a) and 2(a) in an

environmentally sound manner.

2. Endeavour to:

(a) Identify and remove from use equipment (e.g.

transformers, capacitors or other receptacles containing

liquid stocks) containing more than 0.005 % PCBs and

volumes greater than 0.05 dm3, as soon as

possible but no later than 31 December 2025;

(b) Identify other articles containing more than 0.005 %

PCBs (e.g. cable sheaths, cured caulk and painted objects)

and manage them in accordance with paragraph 3 of Article

3.

3. Ensure that the equipment described in subparagraphs

1(a) and 2(a) is not exported or imported other than for

the purpose of environmentally sound waste management.

4. Promote the following to reduce exposures and risk to

control the use of PCBs:

(a) Use PCBs only in intact and non-leaking equipment

and only in areas where the risk from environmental release

can be minimized and quickly remedied;

(b) Not use PCBs in equipment in areas associated with

the production or processing of food or feed;

When PCBs are used in populated areas, including schools

and hospitals, take all reasonable measures to prevent

electrical failures that could result in a fire, and

regularly inspect equipment for leaks.

6. Footnote a/ at the end of Annex I shall be deleted.

7. The following footnotes shall be added at the end of Annex

I:

"a/ "Hexabromodiphenyl ether and

heptabromodiphenyl ether" mean 2,2′,4,4′,5,5′-

hexabromodiphenyl ether (BDE-153, CAS No: 68631-49-2),

2,2′,4,4′,5,6′- hexabromodiphenyl ether (BDE-154, CAS No:

207122-15-4), 2,2′,3,3′,4,5′,6 heptabromodiphenyl ether (BDE-175,

CAS No: 446255-22-7), 2,2′,3,4,4′,5′,6- heptabromodiphenyl ether

(BDE-183, CAS No: 207122-16-5) and other hexa- and

heptabromodiphenyl ethers present in commercial octabromodiphenyl

ether."

"b/ "Tetrabromodiphenyl ether and

pentabromodiphenyl ether" means 2,2′,4,4′-tetrabromodiphenyl

ether (BDE-47, CAS No: 40088-47-9) and

2,2′,4,4′,5-pentabromodiphenyl ether (BDE-99, CAS No: 32534-81-9)

and other tetra- and pentabromodiphenyl ethers present in

commercial pentabromodiphenyl ether."

"c/ Perfluorooctane sulfonate (PFOS) means

substances defined by the molecular formula C8F17SO2X, where X =

OH, metal salt, halide, amide or other derivatives including

polymers."

"d/ "Polychlorinated biphenyls"

means aromatic compounds formed in such a manner that the

hydrogen atoms on the biphenyl molecule (two benzene rings bonded

together by a single carbon-carbon bond) may be replaced by up to

10 chlorine atoms."

G. Annex II

1. The listings for the substances DDT, HCH, and PCB in the

table appearing after the first paragraph of Annex II, shall be

deleted.

2. A listing for the following substance shall be added by

inserting in appropriate alphabetical order the following

row:

Substance

Implementation requirements

Restricted

to uses

Conditions

Perfluorooctane sulfonate (PFOS)

a/

(a) Photo-resist or anti-reflective coatings for

photolithography processes;

(b) Photographic coatings applied to films, papers or

printing plates;

(c) Mist suppressants for non-decorative hard chromium

(VI) plating and wetting agents for use in controlled

electroplating systems;

(d) Hydraulic fluids for aviation;

(e) Certain medical devices (such as ethylene

tetrafluoroethylene copolymer (ETFE) layers and

radio-opaque ETFE production, in vitro diagnostic medical

devices, and CCD colour filters).

Parties should take action to eliminate these uses once

suitable alternatives are available.

No later than 2015 and every four years thereafter, each

Party that uses these substances shall report on progress

made to eliminate them and submit information on such

progress to the Executive Body. Based on these reports,

these restricted uses shall be reassessed.

a/ Perfluorooctane sulfonate (PFOS) means

substances defined by the molecular formula C8F17SO2X, where X =

OH, metal salt, halide, amide or other derivatives including

polymers.

H. Annex III

1. The text under the heading "Reference year" for

each of the substances listed in Annex III shall be deleted and

replaced by the following:

"1990; or an alternative year from 1985 to 1995

inclusive, or for countries with economies in transition, an

alternative year from 1985 to the year of the entry into force of

the Protocol for a Party, and as specified by that Party upon

ratification, acceptance, approval or accession"

2. In the listing for the substance Hexachlorobenzene, under

the name of the substance shall be added the following text:

"CAS: 118-74-1".

3. A listing for the substance PCBs shall be added by

inserting at the end of the chart the following row:

PCBs c/

2005; or an alternative year

from 1995 to 2010 inclusive, or for countries with economies

in transition, an alternative year from 1995 to the year of

the entry into force of the Protocol for a Party, and as

specified by that Party upon ratification, acceptance,

approval or accession.

4. A footnote shall be added after footnote b/ as

follows:

"c/ Polychlorinated biphenyls, as defined in

Annex I, when formed and released unintentionally from

anthropogenic sources."

I. Annex IV

1. In paragraph 2, inside the brackets, the word

"and" shall be deleted and the words ", and for a

given oxygen content" shall be added at the end.

2. Paragraph 3 shall be deleted and replaced by the following

text:

"3. Limit values relate to the normal operating

situation. For batch operations, limit values relate to average

levels as recorded during the whole batch process - including for

example pre-heating, heating and cooling."

3. In paragraph 4, the word "applicable" shall be

added before the word "standards" and the words

"for example" shall be added before the words "the

Comité."

4. Paragraph 6 shall be deleted and replaced by the following

text and footnote:

"6. Emissions of PCDD/F are given in total toxic

equivalents (TEQ)1/. The toxic equivalence factor

values to be used for the purposes of this Protocol shall be

consistent with applicable international standards, including the

World Health Organization 2005 mammalian toxic equivalence factor

values for PCDD/F."

"1/ The total toxic equivalent (TEQ) is

operationally defined by the sum of the products of the

concentration of each compound multiplied by its toxic

equivalency factor (TEF) value and is an estimate of the total

2,3,7,8-TCDD-like activity of the mixture. Total toxic equivalent

was previously abbreviated as TE."

5. Paragraph 7 shall be deleted and replaced by the following

text and footnote:

"7. The following limit values, which refer to 11 %

O2 concentration in flue gas, apply to the following

incinerator types:

Municipal solid waste (existing stationary source burning more

than 3 tonnes per hour and every new stationary source)

0.1 ng TEQ/m3

Medical solid waste (existing stationary source burning more

than 1 tonne per hour and every new stationary source)

New stationary source: 0.1 ng TEQ/m3

Existing stationary source: 0.5 ng TEQ/m3

Hazardous waste (existing stationary source burning more than

1 tonne per hour and every new stationary source)

New stationary source: 0.1 ng TEQ/m3

Existing stationary source: 0.2 ng TEQ/m3

Non-hazardous industrial waste1/2/

New stationary source: 0.1 ng TEQ/m3

Existing stationary source: 0.5 ng TEQ/m3

"1/ Including incinerators treating biomass

waste which may contain halogenated organic compounds or heavy

metals as a result of treatment with wood- preservatives or

coating, and which includes in particular biomass waste

originating from construction and demolition waste, but excluding

incinerators only treating other biomass waste."

"2/ Countries with economies in transition may

exclude co-combustion of non-hazardous industrial waste in

industrial processes where such waste is used as an additional

fuel contributing up to 10 % of the energy."

6. The following new paragraphs shall be added after paragraph

7:

8. The following limit value, which refers to 16 %

O2 concentration in flue gas, applies to

sinter-plants:

0.5 ng TEQ/m3

9. The following limit value, which refers to the actual

O2 concentration in flue gas, applies to the following

source:

Secondary steel production - Electric arc furnaces with a

capacity to produce more than 2.5 tonnes per hour of molten steel

for further processing:

0.5 ng TEQ/m3"

J. Annex VI

1. The existing text of the Annex shall be marked as paragraph

1.

2. In paragraph (a), after the words "present

Protocol" shall be added the words "for a

Party".

3. For paragraph (b) there shall be substituted:

"For existing stationary sources:

(i) eight years after the date of entry into force of the

present Protocol for a Party. If necessary this period may be

extended for specific existing stationary sources in accordance

with the amortization period provided for by national

legislation; or

(ii) for a Party that is a country with an economy in

transition, up to fifteen years after the date of entry into

force of the present Protocol for that Party."

4. A new paragraph shall be added at the end of the Annex as

follows:

"2. The timescales for the application of limit values

and best available techniques that have been updated or

introduced as a result of amendment of this Protocol shall

be:

(a) for new stationary sources, two years after the date of

entry into force of the relevant amendment for a Party;

(b) for existing stationary sources:

(i) eight years after the date of entry into force of the

relevant amendment for a Party; or

(ii) for a Party that is a country with an economy in

transition, up to 15 years after the date of entry into force of

the relevant amendment for that Party".

K. Annex VIII

1. In the second sentence of part I, before the words

"Annex V" shall be added the words "the guidance

document referred to in".

2. The description of category 1 in the table in part II shall

be deleted and replaced by the following text: "Waste

incineration, including co-incineration, of municipal, hazardous,

non-hazardous and medical wastes and sewage sludge."

3. The following new categories shall be added to the table in

part II:

13

Specific chemical production

processes releasing unintentionally formed persistent organic

pollutants, especially production of chlorophenols and

chloranil.

14

Thermal processes in the

metallurgical industry, chlorine-based methods.

ARTICLE 2: RELATIONSHIP TO THE POPS

PROTOCOL

No State or regional economic integration organization may

deposit an instrument of acceptance of this Amendment unless it

has previously, or simultaneously, deposited an instrument of

ratification, acceptance, approval, or accession to the POPs

Protocol.

ARTICLE 3: ENTRY INTO FORCE

1. In accordance with article 14(3) of the POPs Protocol, this

Amendment shall enter into force on the ninetieth day after the

date on which two thirds of the Parties to the POPs Protocol have

deposited with the Depository their instruments of acceptance

thereof.

2. After the entry into force of this Amendment, as provided

under paragraph 1, it shall enter into force for any other Party

to the Protocol on the ninetieth day following the date of

deposit of its instrument of acceptance.

Decision

2009/2

Listing of short-chain chlorinated paraffins and polychlorinated

naphtalenes in annexes I and II to the 1998 Protocol on

Persistent Organic Pollutants

The Parties to the 1998 Protocol on

Persistent Organic Pollutants meeting within the twenty-seventh

session of the Executive Body,

Decide to amend the 1998 Protocol on Persistent Organic

Pollutants (the "POPs Protocol") to the Convention on

Long-Range Transboundary Air Pollution as follows:

ARTICLE 1: AMENDMENT

A. Annex I

1. Listings for the following substances shall be added by

inserting in appropriate alphabetical order the following

rows:

Polychlorinated

naphthalenes (PCN)

Production

None

Use

None

Short-chain

chlorinated paraffins d/

Production

None, except for production for

the uses specified in Annex II

Use

None, except for the uses

specified in Annex II

2. The following footnote shall be added at the end of Annex

I:

"d/ Short-chain chlorinated paraffins means

chlorinated alkanes with a carbon chain- length of 10 to 13

carbon atoms and the degree of chlorination of more than 48 % by

weight."

B. Annex II

1. A listing for the following substance shall be added by

inserting in appropriate alphabetical order the following

row:

Short-chain chlorinated

paraffins b/

(a) Fire retardants in rubber used in conveyor belts in the

mining industry;

(b) Fire retardants in dam sealants.

Parties should take action to eliminate these uses once

suitable alternatives are available.

No later than 2015 and every four years thereafter, each

Party that uses these substances shall report on progress

made to eliminate them and submit information on such

progress to the Executive Body. Based on these reports,

these restricted uses shall be reassessed.

2. The following footnote shall be added at the end of Annex

II:

"b/ Short-chain chlorinated paraffins means

chlorinated alkanes with a carbon chain-length of 10 to 13 carbon

atoms and the degree of chlorination of more than 48 % by

weight."

ARTICLE 2: RELATIONSHIP TO THE POPS

PROTOCOL

No State or regional economic integration organization may

deposit an instrument of acceptance of this Amendment unless it

has previously, or simultaneously, deposited an instrument of

ratification, acceptance, approval, or accession to the POPs

Protocol.

ARTICLE 3: ENTRY INTO FORCE

1. In accordance with article 14(3) of the POPs Protocol, this

Amendment shall enter into force on the ninetieth day after the

date on which two thirds of the Parties to the POPs Protocol have

deposited with the Depository their instruments of acceptance

thereof.

2. After the entry into force of this Amendment, as provided

under paragraph 1, it shall enter into force for any other Party

to the Protocol on the ninetieth day following the date of

deposit of its instrument of acceptance.

Lēmums

2009/1

Grozījumi 1998. gada Protokola par noturīgajiem organiskajiem

piesārņotājiem tekstā un tā I, II, III, IV, VI un VIII

pielikumos

1998. gada Protokola par

noturīgajiem organiskajiem piesārņotājiem Dalībvalstis, tiekoties

Izpildinstitūcijas divdesmit septītajā sanāksmē,

nolemj grozīt Konvencijas par robežšķērsojošo gaisa

piesārņojumu lielos attālumos 1998. gada Protokolu par

noturīgajiem organiskajiem piesārņotājiem (NOP protokols)

sekojoši: