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 extraordinary meeting of the Parties to the Aarhus Convention on 21 May 2003. The meeting took place in the framework of the fifth Ministerial Conference 'Environment for Europe', Kiev, 21-23 May 2003. Thirty-six member 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, Republic of Moldova, Romania, Serbia and Montenegro, Slovenia, Spain, Sweden, Switzerland, Tajikistan, the Former Yugoslav Republic of Macedonia, Ukraine and the United Kingdom of Great Britain and Northern Ireland. In addition, the European Community had signed the Protocol.
Following the declaration of independence of the Montenegro and its succession to the treaties to which the State Union of Serbia and Montenegro was a party or signatory, the number of Signatories to the Protocol rose to 38.
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 Aarhus 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).
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.
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".
At the third meeting of the Parties to the Convention (Riga, 11-13 June 2008), the Parties adopted a Statement on the Protocol, which reaffirmed their resolution to strive for early entry into force and urged Signatories which had not yet ratified to do so as soon as possible.
Pace of ratification
In
February 2006, Luxembourg became the first State to ratify 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, respectively.
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, becoming the eighth Party and the last member State to do so before the third meeting of the Parties to the Convention (11-13 June 2008).
The Riga Meeting urged Signatories to ratify the Protocol as soon as possible, preferrably before the end of 2008.
Since Riga, the pace of ratifications has accelerated. Norway and Croatia ratified the Protocol in June and July 2008, respectively, becoming the ninth and tenth Parties.
Denmark and Sweden ratified the Protocol in October 2008, making them the eleventh and twelfth Parties. Lithuania ratified the Protocol in March 2009, becoming the 13th Party.
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.
Four more member State ratifications are needed to bring the instrument into force.