Annex II

Criteria for the use of Best Environmental Practice and Best Available Technology


Regulation 1: General provisions

 1. In accordance with the relevant parts of this Convention the Contracting Parties shall apply the criteria for Best Environmental Practice and Best Available Technology described below.

2.  In order to prevent and eliminate pollution the Contracting Parties shall use Best Environmental Practice for all sources and Best Available Technology for point sources, minimizing or eliminating inputs to water and air from all sources by providing control strategies.

Regulation 2: Best Environmental Practice

1. The term "Best Environmental Practice" is taken to mean the application of the most appropriate combination of measures. In selecting for individual cases, at least the following graduated range of measures should be considered:

-  provision of information and education to the public and to users about the environmental consequences of choosing particular activities and products, their use and final disposal;

- the development and application of Codes of Good Environmental Practice covering all aspects of activity in the product's life;

 - mandatory labels informing the public and users of environmental risks related to a product, its use and final disposal;

-  availability of collection and disposal systems;

- saving of resources, including energy;

- recycling, recovery and re-use;

- avoiding the use of hazardous substances and products and the generation of hazardous waste;

- application of economic instruments to activities, products or groups of products and emissions;

- a system of licencing involving a range of restrictions or a ban.

2. In determining in general or individual cases what combination of measures constitute Best Environmental Practice, particular consideration should be given to:

- the precautionary principle;

- the ecological risk associated with the product, its production, use and final disposal;

- avoidance or substitution by less polluting activities or substances;

- scale of use;

-  potential environmental benefit or penalty of substitute materials or activities;

- advances and changes in scientific knowledge and understanding;

- time limits for implementation;

- social and economic implications.

Regulation 3: Best Available Technology

1. The term "Best Available Technology" is taken to mean the latest stage of development (state of the art) of processes, of facilities or of methods of operation which indicate the practical suitability of a particular measure for limiting discharges.

2. In determining whether a set of processes, facilities and methods of operation constitute the Best Available Technology in general or individual cases, special consideration should be given to:

-  comparable processes, facilities or methods of operation which have recently been successfully tried out;

-  technological advances and changes in scientific knowledge and understanding;

-  the economic feasibility of such technology;

- time limits for application;

- the nature and volume of the emissions concerned;

- non-waste/low-waste technology;

- the precautionary principle.

Regulation 4: Future developments​

It therefore follows that "Best Environmental Practice" and "Best Available Technology" will change with time in the light of technological advances and economic and social factors, as well as changes in scientific knowledge and understanding.