(EB.AIR/WG.5/52, Annex II)
The Executive Body,
Resolved to act as early as possible to develop criteria and procedures for adding substances to the forthcoming protocol on persistent organic pollutants,
Adopts, with reference to article 14, paragraph 6, of the protocol, the requirements for information to be submitted and the procedure for adding substances to annexes I, II or III to the POPs protocol set out below.
INFORMATION TO BE SUBMITTED AND THE PROCEDURE FOR ADDING SUBSTANCES
TO ANNEXES I, II OR III TO THE POPS PROTOCOL
1.A Party submitting a proposal to amend annexes I, II or III in accordance with article 14, paragraph 6, shall provide the Executive Body with a risk profile on the substance and information on the characteristics below, following the guidance and indicative numerical values, which demonstrate:
(a)Potential for long-range transboundary atmospheric transport: evidence that the substance has a vapour pressure below 1,000 Pa and an atmospheric half-life greater than two days. Alternatively, monitoring data showing that the substance is found in remote regions; and
(b)Toxicity: potential to adversely affect human health and/or the environment; and
(c)Persistence: evidence that the substance's half-life in water is greater than two months, or that its half-life in soils is greater than six months, or that its half-life in sediments is greater than six months. Alternatively, evidence that the substance is otherwise sufficiently persistent to be of concern within the scope of the protocol; and
(d)Bio-accumulation:
(i) Evidence that the BCF or BAF for the substance is greater than 5,000 or the log Kow is greater than 5; or
(ii) Alternatively, if the bio-accumulative potential is significantly lower than (i) above, other factors, such as the high toxicity of the substance, that make it of concern within the scope of the protocol.
The proposal shall also contain a summary report and include, as available, information on:
(i) Production/uses/emissions, measured environmental levels in areas distant from sources, abiotic and biotic degradation processes and rates, degradation products, bio-availability; and
(ii) Socio-economic factors related to the alternatives and/or the techniques available to reduce the emissions of the proposed substance including:
- Alternatives to the existing uses and their efficacy;
- Any known adverse environmental or human health effects associated with the alternatives;
- Process changes, control technologies, operating practices and other pollution prevention techniques which can be used to reduce the emissions of the substance, and their applicability and effectiveness; and
- The non-monetary costs and benefits as well as the quantifiable costs and benefits associated with the use of these alternatives and/or techniques.
2. Upon receipt of a submission prepared in accordance with paragraph 1 above and if the risk profile is deemed acceptable, the Parties shall, at a meeting of the Executive Body and by consensus, ensure that one or more technical reviews of the proposal are conducted if, on the basis of the submission and any other relevant information submitted to the Executive Body, further consideration of the substance is determined to be warranted. Any such technical reviews shall be in writing and evaluate, inter alia:
(a) The monitoring or equivalent scientific information suggesting long-range transboundary atmospheric transport; and
(b) Whether sufficient information exists to suggest that the
substance is likely to have significant adverse human health and/or environmental effects as a result of its long-range transboundary atmospheric transport; and
(c) A list of the sources of the substance in the atmosphere, including the use of products, estimates of the total emissions from these sources and the methodologies used; and
(d) Whether measures exist to reduce the risk of adverse effects on human health and/or the environment as a result of its long-range transboundary atmospheric transport, and whether they are technically feasible, as well as their associated effects and costs
3. The term risk profile mentioned in paragraphs 1 and 2 above refers to a comprehensive review of the scientific information related to the determination of general human health and environmental risks associated with the uses and releases of a substance. Such a review need not explicitly address risks associated with long-range transboundary air pollution, but must provide suitable information for the assessment of such risk.
4. On the basis of the submission specified in paragraph 1 above and any technical review(s) that may have been prepared in accordance with paragraph 2 above, the Parties shall, at a meeting of the Executive Body, complete their evaluation of the proposal taking into account the objective of the protocol set out in article 2.