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AARHUS CONVENTION

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

Introduction
Capacity-building activities and donor invitation

Content of the Protocol
Documents and meetings
Guidance on implementation
International PRTR Coordinating Group
Side events and workshops
Text of the Protocol
Working Group on PRTRs


Kiev Protocol on Pollutant.Release.and Transfer Registers

Adoption and signature of.the Kiev.Protocol

The Protocol on Pollutant Release and Transfer Registers was adopted at an extra-ordinary meeting of the Parties to the Aarhus Convention on 21 May 2003. The meeting took place in the framework of the fifth 'Environment for Europe' Ministerial.Conference, Kiev, 21-23 May 2003. Thirty-six States and the.European Community signed the Protocol in Kiev.

As of 31 December 2003, the following 36 States had signed the Protocol: Armenia, Austria, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, the Netherlands, Norway, Poland, Portugal, the Republic of Moldova, Romania, Serbia and Montenegro, Slovenia, Spain, Sweden, Switzerland, Tajikistan, the former Yugoslav Republic of Macedonia, Ukraine, and the United Kingdom.

In addition, the European Community has signed the Protocol.

Objective of the Protocol

The Protocol is the first legally binding international instrument on pollutant release and transfer registers. Its objective is "to enhance public access to information through the establishment of coherent, nationwide pollutant release and transfer registers (PRTRs)." PRTRs are inventories of pollution from industrial sites and other sources.

Although regulating information on pollution, rather than pollution directly, the Protocol is expected to exert a significant downward pressure on levels of pollution, as no company will want to be identified as among the biggest polluters.

Open for accession

All States can participate in the Protocol, including those which not ratified the Convention and those which are not members of the Economic Commission for Europe. It is by design an 'open' global protocol.

Although the period for signature of the Protocol closed on 31 December 2003, the Protocol is open for accession (from 1 January 2004) by States and regional economic integration organizations constituted by sovereign States members of the United Nations to which their member States have transferred competence over matters governed by this Protocol (articles 24 and 26).

Aarhus Convention Parties urge Protocol's speedy ratification

At the second meeting of the Parties to the Convention, the Parties made the Almaty Declaration, which urges speedy ratification and implementation of the Protocol:

"The adoption of the Kiev Protocol on Pollutant Release and Transfer Registers two years ago was a particularly important step forward. Once the Protocol enters into force, it is likely to contribute to increasing corporate accountability, reduction pollution and promotign sustainable development. We urge all Signatories to speed up their internal processes with a view to ratification of the Protocol by the end of 2007 and to put in place implementing legislation as well as administrative procedures and mechanisms for establishing operational pollutant release and transfer registers in accordance with the provisions of the Protocol."

Chair of the Meeting of the Parties encourages progress towards ratification

The Chair of the Meeting of the Parties to the Aarhus Convention, Ms. Ms Hanne Inger Bjurstrøm, had encouraged National Focal Points and participants in the Working Group on PRTRs to explore the possibilities for expediting progress towards ratification of the Protocol by their countries. Chairperson Bjurstrøm's letter appears among the informal documents to the fourth meeting of the PRTR Working Group.

Pace of ratification

In February 2006, Luxembourg ratified the Protocol and the European Community approved it, a step having the force of ratification. The European Community's approval followed adoption of a PRTR Regulation by the Members States of the European Union which will bring the provisions of the Protocol to bear directly on those States. Switzerland ratified the Protocol in April 2007, to be followed that year by Estonia (through approval) and Germany in August 2007, becoming the third fourth and fifth Parties. Netherlands ratified the Protocol (through approval) in February 2008 and Slovakia (through accession) in February and April 2008, becoming sixth and seventh Parties, respectively. Latvia ratified the Protocol in May 2008 and Norway ratified it in June 2008, becoming the eighth and ninth Parties, respectively.

A number of European Governments have reported to the Aarhus Convention's Working Group of the Parties that they are actively working toward ratification of the Kiev Protocol by the end of 2008 or early 2009.

Eight further ratifications are needed to bring the instrument into force.


Establishment of the Working Group

The adoption of the Protocol was accompanied by a resolution of the Signatures, which inter alia recommended the establishment of a Working Group on PRTRs to prepare for the entry into force of the Protocol under the auspices of the Meeting of the Parties to the Convention. The Meeting of the Parties confirmed the establishment of the Working Group along the lines indicated in the resolution.

Under its mandate, the Working Group is charged with identifying and carrying out activities that need to be undertaken pending the entry into force of the Protocol, in particular to prepare for the implementation of the Protocol through the preparation of guidance documents and the sharing of information and experience gained.

It further is charged with reporting periodically to the Meeting of the Parties to the Convention on progress made in.respect of the ratification of the Protocol and steps taken towards its implementation, and to prepare for the first session of the Meeting of the Parties to the Protocol.