APPENDIX 1 - CRITERIA FOR THE DEFINITION OF PRACTICES AND TECHNIQUES MENTIONED IN PARAGRAPH 3(b)(i) OF ARTICLE 2 OF THE CONVENTION

BEST AVAILABLE TECHNIQUES

1. The use of the best available techniques shall emphasise the use of non-waste technology, if available.
2. The term "best available techniques" means 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, emissions and waste. In determining whether a set of processes, facilities and methods of operation constitute the best available techniques in general or individual cases, special consideration shall be given to:

1. comparable processes, facilities or methods of operation which have recently been successfully tried out;
2. technological advances and changes in scientific knowledge and understanding;
3. the economic feasibility of such techniques;
4. time limits for installation in both new and existing plants;
5. the nature and volume of the discharges and emissions concerned.
3. It therefore follows that what is "best available techniques" for a particular process will change with time in the light of technological advances, economic and social factors, as well as changes in scientific knowledge and understanding.
4. If the reduction of discharges and emissions resulting from the use of best available techniques does not lead to environmentally acceptable results, additional measures have to be applied.
5. "Techniques" include both the technology used and the way in which the installation is designed, built, maintained, operated and dismantled.

BEST ENVIRONMENTAL PRACTICE

6. The term "best environmental practice" means the application of the most appropriate combination of environmental control measures and strategies. In making a selection for individual cases, at least the following graduated range of measures should be considered:

1. the provision of information and education to the public and to users about the environmental consequences of choice of particular activities and choice of products, their use and ultimate disposal;
2. the development and application of codes of good environmental practice which covers all aspect of the activity in the product's life;
3. the mandatory application of labels informing users of environmental risks related to a product, its use and ultimate disposal;
4. saving resources, including energy;
5. making collection and disposal systems available to the public;
6. avoiding the use of hazardous substances or products and the generation of hazardous waste;
7. recycling, recovery and re-use;
8. the application of economic instruments to activities, products or groups of products;
9. establishing a system of licensing, involving a range of restrictions or a ban.
7. In determining what combination of measures constitute best environmental practice, in general or individual cases, particular consideration should be given to:

1. the environmental hazard of the product and its production, use and ultimate disposal;
2. the substitution by less polluting activities or substances;
3. the scale of use;
4. the potential environmental benefit or penalty of substitute materials or activities;
5. advances and changes in scientific knowledge and understanding;
6. time limits for implementation;
7. social and economic implications.
8. It therefore follows that best environmental practice for a particular source will change with time in the light of technological advances, economic and social factors, as well as changes in scientific knowledge and understanding.
9. If the reduction of inputs resulting from the use of best environmental practice does not lead to environmentally acceptable results, additional measures have to be applied and best environmental practice redefined.

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