ANNEX

Annex I A to Regulation (EC) No 606/2009 is amended as follows:

(1)	in the table, the following row 56 is added: 1 2 3 Oenological practice Conditions of use Limits on use Applications ‘56 Use of malolactic fermentation activators Under the conditions laid down in Appendix 22’

(2)

the following Appendix 22 is added: ‘Appendix 22 Malolactic fermentation activators The purpose is to add malolactic fermentation activators at the end or after the alcoholic fermentation to facilitate malolactic fermentation. Promote the initiation, kinetics or completion of malolactic fermentation: (a) by enriching the environment with nutrients and growth factors for acid lactic bacterias; (b) by the adsorption of some bacteria inhibitors. Prescriptions (a) Activators are microcrystalline cellulose or products derived from the degradation of yeasts (autolysates, inactivated yeasts, yeast walls). (b) Activators can be added to wine or fermenting wine before or during malolactic fermentation. (c) The activators do not have to induce to organoleptic deviations in wine. (d) Malolactic fermentation activators must comply with the specifications prescribed by the International Oenological Codex published by the OIV. If the activators are microcrystalline cellulose they must comply with the specifications laid down in the Annex to Commission Regulation (EU) No 231/2012 (*1). (*1)  Commission Regulation (EU) No 231/2012 of 9 March 2012 laying down specifications for food additives listed in Annexes II and III to Regulation (EC) No 1333/2008 of the European Parliament and of the Council (OJ L 83, 22.3.2012, p. 1)’."

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(*1)  Commission Regulation (EU) No 231/2012 of 9 March 2012 laying down specifications for food additives listed in Annexes II and III to Regulation (EC) No 1333/2008 of the European Parliament and of the Council (OJ L 83, 22.3.2012, p. 1)’.’

ANNEX

No	01/TQ72
Member state	European Union (All Member States)
Stock	RED/N3M
Species	Redfish (Sebastes spp.)
Zone	NAFO 3M
Closing date	23.2.2016 till 30.6.2016

ANNEX

Standard import values for determining the entry price of certain fruit and vegetables

(EUR/100 kg)
CN code	Third country code (1)	Standard import value
0702 00 00	MA	107,7
	TR	71,0
	ZZ	89,4
0707 00 05	TR	116,3
	ZZ	116,3
0709 93 10	TR	138,6
	ZZ	138,6
0805 10 20	EG	47,3
	IL	89,1
	MA	55,2
	TR	31,5
	ZA	81,4
	ZZ	60,9
0805 50 10	ZA	161,1
	ZZ	161,1
0808 10 80	AR	109,2
	BR	100,8
	CL	117,3
	CN	95,4
	NZ	153,4
	US	163,7
	ZA	95,5
	ZZ	119,3

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(1)  Nomenclature of countries laid down by Commission Regulation (EU) No 1106/2012 of 27 November 2012 implementing Regulation (EC) No 471/2009 of the European Parliament and of the Council on Community statistics relating to external trade with non-member countries, as regards the update of the nomenclature of countries and territories (OJ L 328, 28.11.2012, p. 7). Code ‘ZZ’ stands for ‘of other origin’.

(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:’

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(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 %.

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, paragraph 5(b)(i) and (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:

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) (1) (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.

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 waste (2)  (3) New stationary source: 0,1 ng TEQ/m3 Existing stationary source: 0,5 ng TEQ/m3 (2)  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." (3)  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 15 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.’

---

(1)  Perfluorooctane sulfonate (PFOS) means substances defined by the molecular formula C8F17SO2X, where X = OH, metal salt, halide, amide or other derivatives including polymers.’

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; Parties should take action to eliminate these uses once suitable alternatives are available (b) Fire retardants in dam sealants. 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.’

ANNEX

QUESTIONNAIRE

Section 1: General information

1.   Which Member State are you reporting for?

2.   Primary contact person's name:

3.   Please provide an email address for the primary contact person:

4.   Reporting period:

Section 2: Information on the designated national authority (Article 4 of Regulation (EU) No 649/2012)

5.   How many designated national authorities (DNAs) exist in your Member State?

6.   If more than one, could you please specify the distribution of responsibilities between them?

7.   What is/are the name(s) of the DNA(s)?

8.   Please specify the human resources (in full-time equivalent) in the DNA(s) working on the implementation of the PIC Regulation.

If there are several DNAs please specify the number for each DNA

9.   Is/are the DNA(s) also involved in the implementation of other EU/international chemical legislation/convention/programme?

☐

Yes

☐

No

If yes, please specify which legislation/convention/programme and how the coordination with other competent authorities within your country is organised?

10.   How many export notifications and special RIN requests have been accepted by the DNA (and forwarded to ECHA for further processing) per year?

	Export notifications	Special RIN requests
Year 1
Year 2
Year 3
Total

Section 3: Support to exporters and importers

11.   Have any awareness-raising and information activities been put in place by the DNA(s) to support exporters and importers to comply with the PIC Regulation?

☐

Yes

☐

No

If yes, please specify what these activities are (multiple replies are possible):

☐	Online technical and scientific guidance (other than ECHA's)

☐	Reference to ECHA webpages on PIC and ePIC

☐	Specific web page providing information on the PIC Regulation

☐	Awareness-raising campaign

☐	Social media

☐	Visits to operator establishments

☐	Specific email address for information requirements

☐	National helpdesk

☐	Workshops and similar training events

☐

Others

If others, please specify.

If no, please specify why this support is not required.

12.   Do you consider that these awareness-raising and information activities have improved the compliance of exporters and importers with Regulation (EU) No 649/2012?

☐

Yes

☐

No

Please specify.

13.   On which matters do(es) the DNA(s) get the two most frequent requests for support coming from exporters and importers? Please select two matters.

☐	Export notification

☐	Explicit consent

☐

Waiver

☐	Special RIN

☐	Article 10 reporting

☐

Others

If others, please specify.

14.   Can you estimate the amount of time spent by the DNA(s) on such support?

☐	up to 10 % of workload

☐	20 % of workload

☐	30 % of workload

☐	40 % of workload

☐	more than 40 % of workload

☐	Not quantifiable

Section 4: Coordination between DNAs/ECHA and the Commission

15.   Are you satisfied with the coordination between your DNA(s) and the Commission?

☐

Yes

☐

No

Please specify.

16.   Please specify the areas of coordination that could be improved, if any (multiple replies are possible).

☐	Article 8(5) — export in case of an emergency situation

☐	Article 8(7) — additional information to be provided on request concerning the exported chemical

☐	Article 11(6) — Member State obligation to assist the Commission in compiling information

☐	Article 11(7) — evaluation of the need to propose measures at Union level

☐	Article 11(8) — procedure in case a Member State takes national final regulatory action

☐	Article 13(6) — evaluation of the need to propose measures at Union level

☐	Article 14(1) — obligation to forward information received from the Secretariat

☐	Article 14(5) — advice and assistance to importing parties upon request

☐	Article 14(6) — Member State decision that no explicit consent is required

☐	Article 14(7) — Member State decision that export may proceed

☐	Article 14(7) — Member State consideration of possible impacts on human health or environment

☐	Article 14(8) — periodic review of the validity of explicit consent

☐	Article 18(1) — Commission, Member State, ECHA obligation to monitor exporter compliance

☐	Article 20 — exchange of information

☐	Article 21 — technical assistance

☐	Article 23 — updating annexes

☐

Other

If other, please specify.

17.   Are you satisfied with the coordination between your DNA(s) and ECHA?

☐

Yes

☐

No

Please specify.

18.   Please specify the areas of coordination that could be improved, if any (multiple replies are possible).

☐	Article 6(1)(c) — assistance and technical and scientific guidance and tools for the industry

☐	Article 8(7) — additional information to be provided on request concerning the exported chemical

☐	Article 11(6) — Member State obligation to assist the Commission in compiling information

☐	Article 11(7) — evaluation of the need to propose measures at Union level

☐	Article 13(6) — evaluation of the need to propose measures at Union level

☐	Article 20 — exchange of information

☐	Article 21 — technical assistance

☐	Article 23 — updating annexes

☐

Other

If other, please specify.

Section 5: Export notifications forwarded to Parties and other countries

(Only relevant for Member States that processed export notifications in the reporting period.)

19.   What are the information requirements requested in the export notification form where exporters have difficulties to provide the information (multiple replies are possible)?

☐	Identity of the substance to be exported

☐	Identity of the mixture to be exported

☐	Identity of the article to be exported

☐	Information concerning the export (e.g. contact details of importers)

☐	Information on hazards or risks of the chemical and precautionary measures

☐	Summary of physico-chemical, toxicological and ecotoxicological properties

☐	Information on the final regulatory action taken by the European Union

☐	Additional information provided by the exporting Party

☐	Availability of CN codes or CUS codes

☐	Intended use of the chemical in the importing country

☐	Summary of and reasons for the final regulatory action and date of entry into force

☐

None

Please provide further comments if needed.

20.   What is the number of export notifications sent back to the exporter for the reasons mentioned in the table below?

Reason/Number per year	Year 1	Year 2	Year 3
Resubmission requested
Rejected

If relevant, please specify the most frequent reasons for requesting re-submission and for rejecting export notifications:

Reasons for requesting resubmission of export notifications:

Reasons for rejecting export notifications:

21.   Have you experienced difficulties in complying with the time frame to forward the notifications to ECHA?

☐

Yes

☐

No

If yes, please specify and provide further comments if needed.

Article 8(5) — export of a chemical relating to an emergency situation

22.   Have you had to deal with an emergency situation pursuant to Article 8(5)?

☐

Yes

☐

No

If yes, please describe the most important cases (e.g. chemical used, importing country, intended use, nature of the emergency).

23.   Have you experienced difficulties in implementing the emergency situation procedure?

☐

Yes

☐

No

☐	No such situation occurred

If yes, please specify.

Article 8(7) — provision of available additional information concerning exported chemicals

24.   Were you requested to provide additional information concerning exported chemicals to importing parties and other countries?

☐

Yes

☐

No

If yes, please specify in which cases (e.g. name of chemical, importer contact details, importing country, type of additional information provided).

25.   If you received such a request, did you experience any difficulties in providing the additional information?

☐

Yes

☐

No

If yes, please specify.

Article 8(8) — administrative fee for export notifications

26.   Do(es) the DNA(s) in your country request an administrative fee for export notifications?

☐

Yes

☐

No

☐	Depends on the DNA.

If the reply depends on the DNA, please specify.

If a fee is requested, please reply to questions 27-30. If not, continue with question 31.

27.   How much is this administrative fee (please specify currency if not EUR)?

28.   What is the date of entry into force of the administrative fee?

29.   Have you received complaints from exporters on the level of administrative fees?

☐

Yes

☐

No

If yes, please specify the type of complaints and their number per year

30.   In your view, did the administrative fee have an impact on the number of notifications (optional)?

☐

Yes

☐

No

☐	Do not know.

If yes, please specify.

31.   Do(es) the DNA(s) in your country request an administrative fee for requests for explicit consent?

☐

Yes

☐

No

☐	Depends on the DNA.

If the reply depends on the DNA, please specify.

If an administrative fee is requested, please specify the amount (and the currency, if not in EUR).

Section 6: Information on export and import of chemicals

Exporters (Article 10)

32.   Have you experienced delays from exporters in the submission of information on the quantity of the chemical, as a substance and as contained in mixtures or in articles, shipped to each Party or other country during the reporting period?

☐

Yes

☐

No

☐	Not applicable

If yes, please provide additional comments.

Importers (Article 10)

33.   Have you experienced delays from importers in submitting information on the quantity of the chemical, as a substance and as contained in mixtures or in articles, received during the reporting period?

☐

Yes

☐

No

☐	Not applicable

If yes, please provide additional comments.

34.   Is the data or information on imports used by the DNA(s), customs or other enforcement authorities in your country?

☐

Yes

☐

No

☐	Do not know

If yes, please specify how it is used.

Member State reporting to ECHA

35.   Have you experienced difficulties in reporting through ePIC aggregated information pursuant to Article 10 in conjunction with Annex III?

☐

Yes

☐

No

If yes, please detail the difficulties encountered.

36.   Have you experienced delays in submitting aggregated information through ePIC in accordance with Annex III?

☐

Yes

☐

No

If yes, please specify the reasons for these delays.

Section 7: Obligations in relation to export of chemicals other than export notification

Communication of information and decisions to those concerned within the jurisdiction of your Member State (Article 14(3))

37.   How did you communicate information on decisions and/or conditions of importing countries to those concerned within the jurisdiction of your Member State (multiple replies are possible)?

☐

Email

☐

Website

☐	Newsletters

☐	Other means

If other means, please specify.

Exporter compliance with decisions in each import response (Article 14(4))

38.   Have you experienced problems concerning exporters' compliance with import responses given by Parties?

☐

Yes

☐

No

If yes, please specify.

Provision of support to importing parties (Article 14(5))

39.   Have you advised and/or assisted importing Parties, upon request in obtaining further information needed to prepare a response to the Secretariat of the Convention concerning the import of a given chemical?

☐

Yes

☐

No

If yes, please provide further details.

Substances that cannot be exported unless certain conditions are fulfilled (Article 14(6))

40.   Have you implemented the explicit consent procedure pursuant to Article 14(6)(a) in the reporting period?

☐

Yes

☐

No

If yes, please specify the number of requests for explicit consent and the number of responses received per year.

	Number of requests	Number of responses
Year 1
Year 2
Year 3
Total

41.   Have you implemented the explicit consent procedure pursuant to Article 14(6)(b)?

☐

Yes

☐

No

If yes, please specify the number of special RIN requests per year for which the importing Party has given consent to import through the import response published in the PIC circular.

Year 1
Year 2
Year 3
Total

42.   Have you experienced difficulties in implementing the explicit consent procedure?

☐

Yes

☐

No

☐	Not applicable

If yes, please specify.

43.   Have you had to decide on whether no explicit consent was required in case of chemicals listed in Part 2 of Annex I to be exported to OECD countries?

☐

Yes

☐

No

☐	Not applicable, since your DNA did not receive any such export notification.

If yes, please specify the number of cases per year.

Year 1
Year 2
Year 3
Total

44.   Have you experienced difficulties in taking a decision whether no explicit consent was required in case of chemicals listed in Part 2 of Annex I to be exported to OECD countries?

☐

Yes

☐

No

☐	Not applicable, since no such case occurred.

If yes, please specify.

DNAs decision that export may proceed 60 days after an explicit consent request was made (Article 14(7))

45.   Have you received any waiver requests in accordance with Article 14(7)?

☐

Yes

☐

No

☐	Not applicable, since your DNA did not have to make any request for explicit consent.

If yes, please specify the number of cases per year.

Year 1
Year 2
Year 3
Total

46.   Have you experienced difficulties in implementing the procedure under Article 14(7)?

☐

Yes

☐

No

☐	Not applicable, since no such case occurred.

If yes, please specify.

Validity of explicit consent (Article 14(8))

47.   Have you experienced cases where the export was allowed to proceed pending a reply to a new request for explicit consent pursuant to the second paragraph of Article 14(8)?

☐

Yes

☐

No

☐	Not applicable, since your DNA did not receive any export notification requiring explicit consent.

If yes, please specify their number.

Year 1
Year 2
Year 3
Total

Section 8: Obligations in relation to import of chemicals

Import decisions made available to those concerned (Article 13(5))

48.   How are European Union import decisions made available to those concerned within your competence (multiple replies are possible)?

☐

Email

☐	DNA websites

☐	Newsletters

☐	Other means

If other means, please specify.

Section 9: Information on transit movement

First transit movement information and time frame requirements (Article 16)

49.   Have you had to implement Article 16 during the reporting period?

☐

Yes

☐

No

If yes, please specify the number of cases, the parties to the Rotterdam Convention involved and the information required

50.   Are you aware of any problems experienced by exporters with the implementation of Article 16?

☐

Yes

☐

No

☐	Not applicable, since no such case occurred.

If yes, please specify.

Section 10: Requirements linked to exported chemicals and information to accompany them

51.   Have National Enforcement Authorities in your Member State experienced any compliance issues concerning the information to accompany exported chemicals?

☐

Yes

☐

No

☐	Do not know

If yes, please reply to questions 52-54 and specify whether these compliance issues were related to the following:

52.   The application of packaging and labelling requirements under:

☐	Regulation (EC) No 1107/2009 of the European Parliament and of the Council (1) (Plant Protection Products — PPP)

☐	Regulation (EU) No 528/2012 of the European Parliament and of the Council (2) (Biocidal Products Regulation — BPR)

☐	Regulation (EC) No 1272/2008 of the European Parliament and of the Council (3) (CLP Regulation)

☐

Other

If other, please specify.

53.   The application of safety data sheet requirements under:

☐	Regulation (EC) No 1907/2006 (REACH)

☐

Other

If other, please specify.

54.   The obligation to give information:

☐	On the label in one or more official/principal languages of the country of destination

☐	On the safety data sheets in one or more official/principal languages of the country of destination

55.   Have you experienced any compliance issues concerning the information and packaging requirements linked to the exported products?

☐

Yes

☐

No

☐	Not applicable

If yes, please specify whether these compliance issues were related to:

☐	The application of purity specification under Union legislation (e.g. PPP and BPR)

☐	The optimisation of containers to reduce the risks of creating obsolete stocks

☐	The expiry date

☐	The storage conditions on the label

☐

Others

If others, please specify.

Section 11: Technical assistance (optional)

Cooperation

56.   Have you been involved in cooperation with developing countries, countries with economies in transition or non-governmental organisations to improve the proper management of chemicals and in particular to implement the Rotterdam Convention?

☐

Yes

☐

No

If yes, what type of cooperation (multiple replies are possible)?

☐	Technical information

☐	Promotion of the exchange of experts

☐	Support for the establishment or maintenance of DNAs

☐	Technical expertise for the identification of hazardous pesticides formulations

☐	Technical expertise for the preparation of notifications to the Secretariat

☐

Other

If other, please specify.

Please specify the countries benefiting from this cooperation.

Capacity building

57.   Have you participated in projects/international activities related to capacity building in chemicals management or supported NGOs involved in such activities?

☐

Yes

☐

No

If yes, please describe these activities.

Section 12: Enforcement of Regulation (EU) No 649/2012

General information

58.   Which are the enforcement authorities involved in the enforcement of Regulation (EU) No 649/2012 in your Member State?

☐

Customs

☐	Other enforcement authorities

If other enforcement authorities are involved, please specify.

59.   If any, could you please specify which other EU legislation the enforcement authorities (other than customs) are also dealing with:

☐	Regulation (EC) No 1907/2006

☐	Regulation (EC) No 1272/2008

☐	Regulation (EU) No 528/2012

☐	Regulation (EC) No 1107/2009

☐

Other

If other, please specify.

60.   Do the enforcement authorities have appropriate resources (optional)?

☐

Yes

☐

No

Please specify.

61.   Are inspectors or other persons in charge of enforcement regularly trained on Regulation (EU) No 649/2012?

☐

Yes

☐

No

If yes, please specify (e.g. type of training, topics covered, frequency of training).

If no, please specify why those persons are not regularly trained.

Enforcement strategy

62.   Does your authority (or any other relevant authority) have an enforcement strategy for Regulation (EU) No 649/2012?

☐

Yes

☐

No

Please specify as follows:

62(a)   If yes, has this enforcement strategy already been implemented?

☐

Yes

☐

No

Please specify.

62(b)   If no, are there any plans to develop an enforcement strategy?

☐

Yes

☐

No

Please specify.

Reporting on enforcement activities

63.   Please specify the enforcement activities carried out in your Member State (multiple replies are possible).

☐	Conformity checks

☐	On-site visits

☐

Sampling

☐

Others

If others, please specify.

64.   Please indicate the total number of official controls on exports, such as inspections or investigations, or other enforcement measures carried out by enforcing authorities in which Regulation (EU) No 649/2012 was covered or enforced during the reporting period.

	Customs	Inspectors	Others
Year 1
Year 2
Year 3
Total

Please provide comments, if needed.

65.   Please indicate the total number of official controls on imports, such as inspections or investigations, or other enforcement measures carried out by enforcing authorities in which Regulation (EU) No 649/2012 was covered or enforced during the reporting period.

	Customs	Inspectors	Others
Year 1
Year 2
Year 3
Total

Please provide comments, if needed.

Power of enforcement authorities

66.   Please describe the measures that can be taken by enforcement authorities to ensure compliance with Regulation (EU) No 649/2012 (e.g. seizure, letter of formal notice, suspension of activity).

Details of infringements

67.   Number of infringements to Regulation (EU) No 649/2012 observed by:

	Customs	Inspectors	Others
Year 1
Year 2
Year 3
Total

68.   Type of infringements observed by customs and related numbers per year:

Infringement detected	Year 1	Year 2	Year 3
Labelling requirements
Safety data sheets
Expiry date of the chemical
Chemical not in conformity with export notification
Others to add in empty rows

69.   Type of infringements observed by inspectors and related numbers per year:

Infringement detected	Year 1	Year 2	Year 3
Labelling requirements
Safety data sheets
Expiry date of the chemical
Chemical not in conformity with export notification
Others to add in empty rows

Penalties

70.   Describe the penalties regime in case of infringement of Regulation (EU) No 649/2012 (e.g. criminal/administrative penalties, catch-all provision or specific penalties for specific infringements).

71.   How many infringements of Regulation (EU) No 649/2012 have led to penalties during the reporting period?

	Number of penalties
Year 1
Year 2
Year 3
Total

Collaboration

72.   Is there a regular exchange of information between the DNA(s) and enforcement authorities?

☐

Yes

☐

No

Please specify.

73.   Do you have any suggestion(s) for improving collaboration between the DNA(s) and enforcement authorities?

74.   Is there a regular exchange of information between the DNA(s) and the member(s) of your country of the Forum for Exchange of Information on Enforcement (‘the Forum’)?

☐

Yes

☐

No

Please specify.

75.   Is the DNA satisfied with its collaboration with the Forum members?

☐

Yes

☐

No

If no, please provide details.

76.   Do you have any suggestion(s) for improving collaboration between the DNA(s) and Forum members?

Role of the Forum for Exchange of Information on Enforcement (‘the Forum’; see Article 18(2))

77.   Is the DNA satisfied with the activities carried out by the Forum? (optional)

☐

Yes

☐

No

☐	No experience with the Forum activities

If no, please specify

78.   Do you have any suggestion(s) for improving the activities of the Forum with regard to the enforcement of Regulation (EU) No 649/2012 (optional)?

Section 13: IT related aspects

DNAs and the ePIC system

79.   Is the ePIC system easy to use for DNAs, in particular when dealing with:

(a)	Export notifications (Article 8)? ☐ Yes ☐ No ☐ No experience If no, please specify the problem(s) encountered.

(b)	Requests for explicit consent (Article 14)? ☐ Yes ☐ No ☐ No experience If no, please specify the problem(s) encountered.

(c)	Special RIN requests (Article 19(2))? ☐ Yes ☐ No ☐ No experience If no, please specify the problem(s) encountered.

(d)	Waivers (Article 14 (6) and (7))? ☐ Yes ☐ No ☐ No experience If no, please specify the problem(s) encountered.

(e)	Reporting pursuant to Article 10? ☐ Yes ☐ No If no, please specify the problem(s) encountered.

(f)	Other PIC procedures? ☐ Yes ☐ No ☐ No experience Please specify the nature of the procedure and the problem(s) encountered, if any.

Exporters and the ePIC system

80.   Where possible, please provide feedback from exporters on the user-friendliness of the ePIC system for (optional):

(a)	Export notifications ☐ Easy to use ☐ Not easy to use If not easy to use, please specify the problem(s) encountered.

(b)	Special RIN requests ☐ Easy to use ☐ Not easy to use If not easy to use, please specify the problem(s) encountered.

(c)	Waivers (Article 14(6) and (7)) ☐ Easy to use ☐ Not easy to use If not easy to use, please specify the problem(s) encountered.

(d)	Article 10 Reporting ☐ Easy to use ☐ Not easy to use If not easy to use, please specify the problem(s) encountered.

(e)	Management of mixtures/articles via ePIC ☐ Easy to use ☐ Not easy to use If not easy to use, please specify the problem(s) encountered.

(f)	The ePIC system in general ☐ Easy to use ☐ Not easy to use If not easy to use, please specify the problem(s) encountered.

Customs, other enforcement authorities and the ePIC system (optional)

81.   Are customs authorities in your country using the ePIC system?

☐

Yes

☐

No

If not, please explain how exports of PIC chemicals are monitored by customs authorities in your country.

82.   To your knowledge, do customs consider that the ePIC system is easy to use?

☐

Yes

☐

No

☐	No information available

83.   To your knowledge, do customs consider that the ePIC system is an adequate tool to support them in controlling the application of Regulation (EU) No 649/2012?

☐

Yes

☐

No

☐	No information available

84.   To your knowledge, are other enforcement authorities using the ePIC system?

☐

Yes

☐

No

☐	No information available

85.   To your knowledge, do these other enforcement authorities consider that the ePIC system is easy to use?

☐

Yes

☐

No

☐	No information available

86.   To your knowledge, do these other enforcement authorities consider that the ePIC system is an adequate tool to control the application of Regulation (EU) No 649/2012?

☐

Yes

☐

No

☐	No information available

Section 14: Additional comments

87.   Please provide any other information or comments related to the operation of the procedures under Regulation (EU) No 649/2012 that you consider relevant within the framework of the reporting pursuant to Article 22.

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(1)  Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (OJ L 309, 24.11.2009, p. 1).

(2)  Regulation (EU) No 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products (OJ L 167, 27.6.2012, p. 1).

(3)  Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006 (OJ L 353, 31.12.2008, p. 1).