““On the implementation of requirements of the PRTR On the implementation of requirements of the PRTR Protocol to the Aarhus Convention”Protocol to the Aarhus Convention”

Michael Stanley-JonesMichael Stanley-JonesEnvironmental Information Management OfficerEnvironmental Information Management Officer

Environment, Housing and Land Management DivisionEnvironment, Housing and Land Management DivisionUnited Nations Economic Commission for EuropeUnited Nations Economic Commission for Europe

WORKSHOP ON ENVIRONMENTAL MONITORING WORKSHOP ON ENVIRONMENTAL MONITORING AND REPORTING BYAND REPORTING BY ENTERPRISESENTERPRISES

4-6 September 2006,4-6 September 2006, Warsaw, PolandWarsaw, Poland

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UNECE Convention on Access to Information, Public UNECE Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Participation in Decision-making and Access to Justice in Environmental MattersEnvironmental Matters

25 June 25 June 1998 - 1998 - Adoption of the Convention at the 4Adoption of the Convention at the 4thth Ministerial Ministerial “Environment for Europe” Conference, Aarhus, Denmark. “Environment for Europe” Conference, Aarhus, Denmark. Signed by 39 countries and the Signed by 39 countries and the EEuropean Communityuropean Community

30 Oct 30 Oct 202001- 01- Entry into force of the ConventionEntry into force of the Convention

21 May 200321 May 2003 - Adoption of the - Adoption of the Protocol on PRTRsProtocol on PRTRs at extra-ordinary at extra-ordinary meeting of the Parties, within the framework of the meeting of the Parties, within the framework of the 55thth Ministerial “Environment for Europe” ConferenceMinisterial “Environment for Europe” Conference (Kiev, Ukraine) (Kiev, Ukraine)

From the Aarhus ConventionFrom the Aarhus Conventionto the Protocol on PRTRsto the Protocol on PRTRs

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Status of Convention RatificationsStatus of Convention Ratifications

Albania ArmeniaArmeniaAustriaAustriaAzerbaijan Belarus BelgiumBelgiumBulgariaBulgariaCyprusCyprusCzech RepublicCzech RepublicDenmark Denmark EstoniaEstoniaFinlandFinlandFormer Yugoslav Rep. of Macedonia FranceFrance GeorgiaGeorgiaGreeceGreeceHungaryHungaryItalyItalyKazakhstan

Kyrgyzstan Latvia Latvia LithuaniaLithuaniaLuxembourg Luxembourg **Malta MoldovaMoldova, Rep. of, Rep. ofNetherlandsNetherlandsNorway Norway PolandPolandPortugalPortugalRomaniaRomaniaSlovakiaSloveniaSloveniaSpainSpainSwedenSwedenTajikistanTajikistan Turkmenistan UkraineUkraineUnited KingdomUnited KingdomEuropean Community European Community **

Convention total = 39 Parties (PRTR Convention total = 39 Parties (PRTR ProtocolProtocol: : 37 Signatories, including Germany, 37 Signatories, including Germany, Iceland, Ireland, Serbia & Montenegro. Protocol Parties as 1 Sep 2006 indicated by Iceland, Ireland, Serbia & Montenegro. Protocol Parties as 1 Sep 2006 indicated by ** ) )

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Access to information provisionsAccess to information provisions

Selected features of Convention article 5 “Selected features of Convention article 5 “Active DisseminationActive Dissemination””

• Transparency and accessibility of information systemsTransparency and accessibility of information systems

• Immediate dissemination of information in cases of imminent Immediate dissemination of information in cases of imminent threat to health or environmentthreat to health or environment

• Sufficient product information to ensure informed Sufficient product information to ensure informed environmental choicesenvironmental choices

• Pollutant release and transfer registersPollutant release and transfer registers

• Increased access to information through InternetIncreased access to information through Internet• Article 5, paragraph 3Article 5, paragraph 3

… … each Party to ensure that environmental Information progressively each Party to ensure that environmental Information progressively becomes available In electronic databases which are easily becomes available In electronic databases which are easily aaccessibleccessible t to the o the public through public telecommunication networkspublic through public telecommunication networks

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Legal basis of PRTR Protocol in Aarhus Legal basis of PRTR Protocol in Aarhus ConventionConvention

• Legal basis: article 5, para. 9 and article 10, para. 2 (e) and Legal basis: article 5, para. 9 and article 10, para. 2 (e) and (i) of the Aarhus Convention, requiring each Party(i) of the Aarhus Convention, requiring each Party

“to take steps to establish progressively ... a coherent, nationwide system of pollution inventories or registers on a structured, computerized and publicly accessible database compiled through standardized reporting.” (art. 5, para. 9)

… taking into account international processes and developments, including the elaboration of an appropriate instrument concerning pollution release and transfer registers or inventories ….” (art. 10, para. 2(i) )

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• Facilities and pollutants coveredFacilities and pollutants covered

• General obligations placed on PartiesGeneral obligations placed on Parties

• Obligations placed on owners / operatorsObligations placed on owners / operators

• Elements of reportingElements of reporting

• Quality assessment and validationQuality assessment and validation

• Future steps Future steps

and and

• Possible applications (not required)Possible applications (not required)

Requirements of Protocol on PRTRs Requirements of Protocol on PRTRs

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Facilities coveredFacilities covered

Facilities covered (annex I) include:

• Thermal power stations and refineries

• Mining and metallurgical industries

• Chemical plants

• Waste and waste-water management plants

• Paper and timber industries

• Intensive livestock production and aquaculture

• Food and beverage production

• Textiles, Tanneries, Shipbuilding

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Pollutants coveredPollutants covered

Pollutants covered (annex II) include:Pollutants covered (annex II) include:

• Greenhouse gasesGreenhouse gases

• Acid rain pollutantsAcid rain pollutants

• Ozone-depleting substancesOzone-depleting substances

• Heavy metalsHeavy metals

• Certain carcinogens, such as dioxinsCertain carcinogens, such as dioxins

TOTAL: 86 pollutantsTOTAL: 86 pollutants

N.B. National registers may include additional facilities and N.B. National registers may include additional facilities and substances, e.g. European Union includes 91 individual substances substances, e.g. European Union includes 91 individual substances or groups of substancesor groups of substances

GovernmentGovernment

• Chooses among various technical options for Chooses among various technical options for the design of a central, publicly accessibly the design of a central, publicly accessibly register to determine the institutional framework register to determine the institutional framework required for ensuring a coordinated system of required for ensuring a coordinated system of information flow to itinformation flow to it

• Sets forth the rights and responsibilities ofSets forth the rights and responsibilities of

various key players, e.g.various key players, e.g.– the obligation of pollutant-emitting the obligation of pollutant-emitting facilitiesfacilities to to

report, andreport, and– the right of the the right of the general publicgeneral public to participate in to participate in

decisions concerning PRTRsdecisions concerning PRTRs

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1. Institution to manage the national PRTR system (art. 2, para. 5)1. Institution to manage the national PRTR system (art. 2, para. 5)2. Structure for inter-agency coordination2. Structure for inter-agency coordination3. Appropriate systems for enforcement (art. 3, para. 1)3. Appropriate systems for enforcement (art. 3, para. 1)

Collection, validation and management of dataCollection, validation and management of data4. Collection of data submitted by owners or operators of reporting4. Collection of data submitted by owners or operators of reporting facilities (art. 7, paras. 2 and 5)facilities (art. 7, paras. 2 and 5)5. Assessment of the quality of the data collected in terms 5. Assessment of the quality of the data collected in terms of of completenesscompleteness, , consistencyconsistency and and credibilitycredibility (art. 10, para. 2) (art. 10, para. 2)6. Collection of information on releases from diffuse sources6. Collection of information on releases from diffuse sources (art. 7, para. 4)(art. 7, para. 4)8. Development and management of a register comprising 8. Development and management of a register comprising a structured, computerized database able to maintain dataa structured, computerized database able to maintain data for 10 reporting years (art. 4, para. (j) and art. 5, para. 3)for 10 reporting years (art. 4, para. (j) and art. 5, para. 3)9. Dissemination of information and training (arts. 8, 11 and 15).9. Dissemination of information and training (arts. 8, 11 and 15).

Elements explicitly set forth in the Protocol Elements explicitly set forth in the Protocol or implicit in its requirementsor implicit in its requirements

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Basic obligation of operatorsBasic obligation of operators

To submit the information specified with respectTo submit the information specified with respectto those pollutants and waste for which thresholds to those pollutants and waste for which thresholds were exceededwere exceeded

Each Party decides with respect to a particular pollutantEach Party decides with respect to a particular pollutantto apply either a release threshold or a manufacture, to apply either a release threshold or a manufacture, process or use (MPU) threshold will be usedprocess or use (MPU) threshold will be used

Facility operators do not choose under which requirementFacility operators do not choose under which requirement(pollutant threshold or MPU) to report(pollutant threshold or MPU) to report

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Reporting requirements of operatorsReporting requirements of operators

((Article 7 - continued)Article 7 - continued)

Each Party shall require Each Party shall require ownersowners or or operatorsoperators of facilities specified of facilities specified in annex I whoin annex I who

• Release any pollutant specified in annex II in quantities exceedingRelease any pollutant specified in annex II in quantities exceeding applicable thresholds, applicable thresholds,

• Transfer off-site any pollutant in annex II in quantities exceedingTransfer off-site any pollutant in annex II in quantities exceeding applicable thresholds, applicable thresholds,

• Transfer off-site hazardous waste exceeding 2 tons per yearTransfer off-site hazardous waste exceeding 2 tons per year or other waste exceeding 2,000 tons per year, where the Party has or other waste exceeding 2,000 tons per year, where the Party has opted for waste-specific reporting (as in the European Union)opted for waste-specific reporting (as in the European Union)

• Transfer off-site any pollutant specified in annex II in waste water Transfer off-site any pollutant specified in annex II in waste water destined for waste-water treatment in quantities exceeding the applicable destined for waste-water treatment in quantities exceeding the applicable thresholdthresholdor or • Undertake one or more activities specified in annex I at or above Undertake one or more activities specified in annex I at or above the employee threshold specified in annex I, andthe employee threshold specified in annex I, and

• Manufacture, process or uses any pollutant specified in annex IIManufacture, process or uses any pollutant specified in annex II

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Specific reporting elementsSpecific reporting elements• NameName, , street addressstreet address, , geographical locationgeographical location and and activitiesactivities of the reporting facilityof the reporting facility• Name of the Name of the owner or operatorowner or operator and, as appropriate, and, as appropriate, companycompany• NamNamee and and numerical identifiernumerical identifier ofof each specified each specified pollutantpollutant• Amount Amount of each specified pollutantof each specified pollutant released to the environment, released to the environment, both in aggregate and according to whether release is to air, to both in aggregate and according to whether release is to air, to water, or to land, including underground injectionwater, or to land, including underground injectioneithereither• amountamount of each pollutantof each pollutant transferred off-sitetransferred off-site in the reporting in the reporting year, distinguishing between amounts for disposal and for recovery,year, distinguishing between amounts for disposal and for recovery,and and • name and address of facility receivingname and address of facility receiving the transfer, the transfer, oror• amount of waste transferred off-siteamount of waste transferred off-site, distinguishing between , distinguishing between hazardous waste and other waste, for any operations, indicatinghazardous waste and other waste, for any operations, indicating whether waste is destined for recovery or disposalwhether waste is destined for recovery or disposaland for and for transboundary movements of hazardous wastetransboundary movements of hazardous waste, , • name and name and address ofaddress of the the recovererrecoverer or or disposerdisposer and and• actual actual site receivingsite receiving the transfer the transfer

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Reporting elementsReporting elements(continued)(continued)

• Amount of each specified Amount of each specified pollutant in waste waterpollutant in waste water transferred off-site transferred off-site

• Type of Type of methodologymethodology used to derive information on amounts, used to derive information on amounts, indicating whether based on measurement, calculation or estimationindicating whether based on measurement, calculation or estimation (M, C, E)(M, C, E)

• Information to include releases and transfers from routine and from Information to include releases and transfers from routine and from extraordinary eventsextraordinary events

• Owners or operators to be required to collect releases and transfers Owners or operators to be required to collect releases and transfers data needed “with appropriate frequency”, and todata needed “with appropriate frequency”, and to

• Records of the data from which the reported information was derivedRecords of the data from which the reported information was derived must be kept available for the competent authorities for 5 years, must be kept available for the competent authorities for 5 years, including description of M, C or E.including description of M, C or E.

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Quality assessment Quality assessment (Article 10)(Article 10)

• Owners or operators are to assure the quality of the information Owners or operators are to assure the quality of the information they reportthey report

• Quality assessment of data duty of the Parties, in particular as to Quality assessment of data duty of the Parties, in particular as to

completeness – consistency – credibilitycompleteness – consistency – credibility

taking into account guidelines developed by the MOPtaking into account guidelines developed by the MOP

• Draft Draft Guidance to implementation of the Protocol on PRTRsGuidance to implementation of the Protocol on PRTRs

Penultimate version released 31 July 2006 available onPenultimate version released 31 July 2006 available onweb sites of UNECE Working Group on PRTRs and WGEMAweb sites of UNECE Working Group on PRTRs and WGEMA

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‘‘Best Available Information’ (BAI) standardBest Available Information’ (BAI) standard(article 9, para. 2)(article 9, para. 2)

Owners or operators of facilities required to ensure the quality Owners or operators of facilities required to ensure the quality of information they report and to use “best available information” of information they report and to use “best available information”

‘‘Best available information’ may include Best available information’ may include • monitoring datamonitoring data• emission factors emission factors • mass balancemass balance• equations equations • indirect monitoring or other calculationsindirect monitoring or other calculations• engineering judgments, and engineering judgments, and • other methodsother methods

Nb. EU adopting more stringent guidance on BAINb. EU adopting more stringent guidance on BAI

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Quality assurance and controlQuality assurance and control

• Calibration and maintenance of the monitoring system Calibration and maintenance of the monitoring system • Use of recognized quality management systems Use of recognized quality management systems

• Periodic checks by an external accredited laboratory Periodic checks by an external accredited laboratory

• Certification of instruments and personnel under Certification of instruments and personnel under recognized certification schemesrecognized certification schemes

Elements for guidelines on strengthening environmental Elements for guidelines on strengthening environmental monitoring and reporting by enterprises, monitoring and reporting by enterprises, para 36 (i) para 36 (i) (ECE/CEP/AC.10/2006/4)(ECE/CEP/AC.10/2006/4)

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ValidationValidation

• Where appropriate, validation should be done in accord Where appropriate, validation should be done in accord with with internationally approved methodologies internationally approved methodologies e.g. ISO, European Committee for Standardization (CEN)e.g. ISO, European Committee for Standardization (CEN)

However, in some cases, national or sector methodologies However, in some cases, national or sector methodologies may be superior to Internationally-approved ones, may be superior to Internationally-approved ones, or such approval may be pending (“HOT ISSUE”)or such approval may be pending (“HOT ISSUE”)

• Validation of data may be more easily achievable if Validation of data may be more easily achievable if responsibility is delegated to local or regionalresponsibility is delegated to local or regional authoritiesauthorities or to the regional or local offices of national authorities, or to the regional or local offices of national authorities, since they will be since they will be closer to the operatorscloser to the operators and are more likely and are more likely to have an overview of their activitiesto have an overview of their activities

Guidance on validation is evolving Guidance on validation is evolving

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Next steps for Protocol’s Next steps for Protocol’s future implementationfuture implementation

• Setting up the Protocol’s institutional architecture:Setting up the Protocol’s institutional architecture:

– rules of procedure and compliance review mechanism rules of procedure and compliance review mechanism

– financial arrangementsfinancial arrangements

– technical assistance mechanism,technical assistance mechanism,

– international cooperation and reporting international cooperation and reporting

International PRTR Coordinating Group International PRTR Coordinating Group

SAICM / ICCM etcSAICM / ICCM etc

• Completion of technical guidance on implementationCompletion of technical guidance on implementation

• Further guidance on dissemination of PRTR information Further guidance on dissemination of PRTR information

or data users’ guide suggestedor data users’ guide suggested

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Possible future applicationsPossible future applications

• Pan-European Environment and Health Information Pan-European Environment and Health Information System (Environment-for-Europe Ministerial System (Environment-for-Europe Ministerial Conference / WHO Europe)Conference / WHO Europe)

• Commercial property management information Commercial property management information systems (“due diligence” research, e.g. Environment systems (“due diligence” research, e.g. Environment Agency of England and Wales)Agency of England and Wales)

• Integration into Global Reporting Initiative, Socially Integration into Global Reporting Initiative, Socially Responsible Investment (SRIResponsible Investment (SRI), ), and evolving ISO and evolving ISO standards and OECD guidelines standards and OECD guidelines

• SAICM national performance tracking under ICCMSAICM national performance tracking under ICCM• Convergence of regional PRTR systems (North Convergence of regional PRTR systems (North

American American Taking StockTaking Stock, European PRTR, East Asia?), European PRTR, East Asia?)

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PRTR success storyPRTR success story

““For the 10-year period from 1988 to 1997, atmospheric For the 10-year period from 1988 to 1997, atmospheric emissions of some 260 known carcinogens and emissions of some 260 known carcinogens and reproductive toxins from the United States reproductive toxins from the United States Toxics Release Toxics Release Inventory Inventory reporting facilities have been reduced by reporting facilities have been reduced by approximately 85% in the approximately 85% in the State of CaliforniaState of California, and by some , and by some 42% in the rest of the country (42% in the rest of the country (i.ei.e., for all chemicals listed in ., for all chemicals listed in California as known to cause either cancer or reproductive California as known to cause either cancer or reproductive toxicity toxicity and and reported as air emissions under reported as air emissions under TRITRI ).” ).”

From P. Sand (2002)From P. Sand (2002)

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MORE INFORMATION AVAILABLE ON MORE INFORMATION AVAILABLE ON THE AARHUS CONVENTION WEBSITE:THE AARHUS CONVENTION WEBSITE:

http://www.unece.org/env/pp/prtrhttp://www.unece.org/env/pp/prtr

Aarhus ClearinghouseAarhus Clearinghousehttp://aarhusclearinghouse.unece.orghttp://aarhusclearinghouse.unece.org