The Montreal
Protocol on Substances that Deplete the Ozone Layer as adjusted and/or amended
in
London 1990
Copenhagen 1992
Vienna 1995
Montreal 1997
Beijing 1999
The Parties to this Protocol,
Being Parties to the Vienna
Convention for the Protection of the Ozone Layer,
Mindful of their obligation under
that Convention to take appropriate measures to protect human health and the
environment against adverse effects resulting or likely to result from human
activities which modify or are likely to modify the ozone layer,
Recognizing that world-wide
emissions of certain substances can significantly deplete and otherwise modify
the ozone layer in a manner that is likely to result in adverse effects on human
health and the environment,
Conscious of the potential
climatic effects of emissions of these substances,
Aware that measures taken to
protect the ozone layer from depletion should be based on relevant scientific
knowledge, taking into account technical and economic considerations,
Determined to protect the ozone
layer by taking precautionary measures to control equitably total global
emissions of substances that deplete it, with the ultimate objective of their
elimination on the basis of developments in scientific knowledge, taking into
account technical and economic considerations and bearing in mind the
developmental needs of developing countries,
Acknowledging that special provision is required to meet the needs of
developing countries, including the provision of additional financial resources
and access to relevant technologies, bearing in mind that the magnitude of funds
necessary is predictable, and the funds can be expected to make a substantial
difference in the world’s ability to address the scientifically established
problem of ozone depletion and its harmful effects,
Noting the precautionary measures for controlling emissions of certain
chlorofluorocarbons that have already been taken at national and regional
levels,
Considering the importance of promoting international co-operation in the
research, development and transfer of alternative technologies relating to the
control and reduction of emissions of substances that deplete the ozone layer,
bearing in mind in particular the needs of developing countries,
HAVE AGREED AS FOLLOWS:
Article 1: Definitions
For the purposes of this Protocol:
1. "Convention" means the Vienna Convention for the Protection of the Ozone
Layer, adopted on 22 March 1985.
2. "Parties" means, unless the text otherwise indicates, Parties to this
Protocol.
3. "Secretariat" means the Secretariat of the Convention.
4. "Controlled substance" means a substance in Annex A, Annex B, Annex C or
Annex E to this Protocol, whether existing alone or in a mixture. It includes
the isomers of any such substance, except as specified in the relevant Annex,
but excludes any controlled substance or mixture which is in a manufactured
product other than a container used for the transportation or storage of that
substance.
5. "Production" means the amount of controlled substances produced, minus the
amount destroyed by technologies to be approved by the Parties and minus the
amount entirely used as feedstock in the manufacture of other chemicals. The
amount recycled and reused is not to be considered as "production".
6. "Consumption" means production plus imports minus exports of controlled
substances.
7. "Calculated levels" of production, imports, exports and consumption means
levels determined in accordance with Article 3.
8. "Industrial rationalization" means the transfer of all or a portion of the
calculated level of production of one Party to another, for the purpose of
achieving economic efficiencies or responding to anticipated shortfalls in
supply as a result of plant closures.
Article 2: Control Measures
1. Incorporated in Article 2A.
2. Replaced by Article 2B.
3. Replaced by Article 2A.
4. Replaced by Article 2A.
5. Any Party may, for one or more control periods, transfer to another Party
any portion of its calculated level of production set out in Articles 2A to 2F,
and Article 2H, provided that the total combined calculated levels of production
of the Parties concerned for any group of controlled substances do not exceed
the production limits set out in those Articles for that group. Such transfer of
production shall be notified to the Secretariat by each of the Parties
concerned, stating the terms of such transfer and the period for which it is to
apply.
5 bis. Any Party not operating under paragraph 1 of Article 5 may, for
one or more control periods, transfer to another such Party any portion of its
calculated level of consumption set out in Article 2F, provided that the
calculated level of consumption of controlled substances in Group I of Annex A
of the Party transferring the portion of its calculated level of consumption did
not exceed 0.25 kilograms per capita in 1989 and that the total combined
calculated levels of consumption of the Parties concerned do not exceed the
consumption limits set out in Article 2F. Such transfer of consumption shall be
notified to the Secretariat by each of the Parties concerned, stating the terms
of such transfer and the period for which it is to apply.
6. Any Party not operating under Article 5, that has facilities for the
production of Annex A or Annex B controlled substances under construction, or
contracted for, prior to 16 September 1987, and provided for in national
legislation prior to 1 January 1987, may add the production from such facilities
to its 1986 production of such substances for the purposes of determining its
calculated level of production for 1986, provided that such facilities are
completed by 31 December 1990 and that such production does not raise that
Party’s annual calculated level of consumption of the controlled substances
above 0.5 kilograms per capita.
7. Any transfer of production pursuant to paragraph 5 or any addition of
production pursuant to paragraph 6 shall be notified to the Secretariat, no
later than the time of the transfer or addition.
8. (a) Any Parties which are Member States of a regional economic integration
organization as defined in Article 1 (6) of the Convention may agree that they
shall jointly fulfil their obligations respecting consumption under this Article
and Articles 2A to 2I provided that their total combined calculated level of
consumption does not exceed the levels required by this Article and Articles 2A
to 2I.
(b) The Parties to any such agreement shall inform the Secretariat of the
terms of the agreement before the date of the reduction in consumption with
which the agreement is concerned.
(c) Such agreement will become operative only if all Member States of the
regional economic integration organization and the organization concerned are
Parties to the Protocol and have notified the Secretariat of their manner of
implementation.
9. (a) Based on the assessments made pursuant to Article 6, the Parties may
decide whether:
(i) Adjustments to the ozone depleting potentials specified in Annex A,
Annex B, Annex C and/or Annex E should be made and, if so, what the
adjustments should be; and
(ii) Further adjustments and reductions of production or consumption of the
controlled substances should be undertaken and, if so, what the scope, amount
and timing of any such adjustments and reductions should be;
(b) Proposals for such adjustments shall be communicated to the Parties by
the Secretariat at least six months before the meeting of the Parties at which
they are proposed for adoption;
(c) In taking such decisions, the Parties shall make every effort to reach
agreement by consensus. If all efforts at consensus have been exhausted, and no
agreement reached, such decisions shall, as a last resort, be adopted by a
two-thirds majority vote of the Parties present and voting representing a
majority of the Parties operating under Paragraph 1 of Article 5 present and
voting and a majority of the Parties not so operating present and voting;
(d) The decisions, which shall be binding on all Parties, shall forthwith be
communicated to the Parties by the Depositary. Unless otherwise provided in the
decisions, they shall enter into force on the expiry of six months from the date
of the circulation of the communication by the Depositary.
10. Based on the assessments made pursuant to Article 6 of this Protocol and
in accordance with the procedure set out in Article 9 of the Convention, the
Parties may decide:
- whether any substances, and if so which, should be added to or removed
from any annex to this Protocol, and
- the mechanism, scope and timing of the control measures that should apply
to those substances;
11. Notwithstanding the provisions contained in this Article and Articles 2A
to 2I Parties may take more stringent measures than those required by this
Article and Articles 2A to 2I.
Article 2A: CFCs
1. Each Party shall ensure that for the twelve-month period commencing on the
first day of the seventh month following the date of entry into force of this
Protocol, and in each twelve-month period thereafter, its calculated level of
consumption of the controlled substances in Group I of Annex A does not exceed
its calculated level of consumption in 1986. By the end of the same period, each
Party producing one or more of these substances shall ensure that its calculated
level of production of the substances does not exceed its calculated level of
production in 1986, except that such level may have increased by no more than
ten per cent based on the 1986 level. Such increase shall be permitted only so
as to satisfy the basic domestic needs of the Parties operating under Article 5
and for the purposes of industrial rationalization between Parties.
2. Each Party shall ensure that for the period from 1 July 1991 to 31
December 1992 its calculated levels of consumption and production of the
controlled substances in Group I of Annex A do not exceed 150 per cent of its
calculated levels of production and consumption of those substances in 1986;
with effect from 1 January 1993, the twelve-month control period for these
controlled substances shall run from 1 January to 31 December each year.
3. Each Party shall ensure that for the twelve-month period commencing on 1
January 1994, and in each twelve-month period thereafter, its calculated level
of consumption of the controlled substances in Group I of Annex A does not
exceed, annually, twenty-five per cent of its calculated level of consumption in
1986. Each Party producing one or more of these substances shall, for the same
periods, ensure that its calculated level of production of the substances does
not exceed, annually, twenty-five per cent of its calculated level of production
in 1986. However, in order to satisfy the basic domestic needs of the Parties
operating under paragraph 1 of Article 5, its calculated level of production may
exceed that limit by up to ten per cent of its calculated level of production in
1986.
4. Each Party shall ensure that for the twelve-month period commencing on 1
January 1996, and in each twelve-month period thereafter, its calculated level
of consumption of the controlled substances in Group I of Annex A does not
exceed zero. Each Party producing one or more of these substances shall, for the
same periods, ensure that its calculated level of production of the substances
does not exceed zero. However, in order to satisfy the basic domestic needs of
the Parties operating under paragraph 1 of Article 5, its calculated level of
production may exceed that limit by a quantity equal to the annual average of
its production of the controlled substances in Group I of Annex A for basic
domestic needs for the period 1995 to 1997 inclusive. This paragraph will apply
save to the extent that the Parties decide to permit the level of production or
consumption that is necessary to satisfy uses agreed by them to be essential.
5. Each Party shall ensure that for the twelve-month period commencing on 1
January 2003 and in each twelve-month period thereafter, its calculated level of
production of the controlled substances in Group I of Annex A for the basic
domestic needs of the Parties operating under paragraph 1 of Article 5 does not
exceed eighty per cent of the annual average of its production of those
substances for basic domestic needs for the period 1995 to 1997 inclusive.
6. Each Party shall ensure that for the twelve-month period commencing on 1
January 2005 and in each twelve-month period thereafter, its calculated level of
production of the controlled substances in Group I of Annex A for the basic
domestic needs of the Parties operating under paragraph 1 of Article 5 does not
exceed fifty per cent of the annual average of its production of those
substances for basic domestic needs for the period 1995 to 1997 inclusive.
7. Each Party shall ensure that for the twelve-month period commencing on 1
January 2007 and in each twelve-month period thereafter, its calculated level of
production of the controlled substances in Group I of Annex A for the basic
domestic needs of the Parties operating under paragraph 1 of Article 5 does not
exceed fifteen per cent of the annual average of its production of those
substances for basic domestic needs for the period 1995 to 1997 inclusive.
8. Each Party shall ensure that for the twelve-month period commencing on 1
January 2010 and in each twelve-month period thereafter, its calculated level of
production of the controlled substances in Group I of Annex A for the basic
domestic needs of the Parties operating under paragraph 1 of Article 5 does not
exceed zero.
9. For the purposes of calculating basic domestic needs under paragraphs 4 to
8 of this Article, the calculation of the annual average of production by a
Party includes any production entitlements that it has transferred in accordance
with paragraph 5 of Article 2, and excludes any production entitlements that it
has acquired in accordance with paragraph 5 of Article 2.
Article 2B: Halons
1. Each Party shall ensure that for the twelve-month period commencing on 1
January 1992, and in each twelve-month period thereafter, its calculated level
of consumption of the controlled substances in Group II of Annex A does not
exceed, annually, its calculated level of consumption in 1986. Each Party
producing one or more of these substances shall, for the same periods, ensure
that its calculated level of production of the substances does not exceed,
annually, its calculated level of production in 1986. However, in order to
satisfy the basic domestic needs of the Parties operating under paragraph 1 of
Article 5, its calculated level of production may exceed that limit by up to ten
per cent of its calculated level of production in 1986.
2. Each Party shall ensure that for the twelve-month period commencing on 1
January 1994, and in each twelve-month period thereafter, its calculated level
of consumption of the controlled substances in Group II of Annex A does not
exceed zero. Each Party producing one or more of these substances shall, for the
same periods, ensure that its calculated level of production of the substances
does not exceed zero. However, in order to satisfy the basic domestic needs of
the Parties operating under paragraph 1 of Article 5, its calculated level of
production may, until 1 January 2002 exceed that limit by up to fifteen per cent
of its calculated level of production in 1986; thereafter, it may exceed that
limit by a quantity equal to the annual average of its production of the
controlled substances in Group II of Annex A for basic domestic needs for the
period 1995 to 1997 inclusive. This paragraph will apply save to the extent that
the Parties decide to permit the level of production or consumption that is
necessary to satisfy uses agreed by them to be essential.
3. Each Party shall ensure that for the twelve-month period commencing on 1
January 2005 and in each twelve-month period thereafter, its calculated level of
production of the controlled substances in Group II of Annex A for the basic
domestic needs of the Parties operating under paragraph 1 of Article 5 does not
exceed fifty per cent of the annual average of its production of those
substances for basic domestic needs for the period 1995 to 1997 inclusive.
4. Each Party shall ensure that for the twelve-month period commencing on 1
January 2010 and in each twelve-month period thereafter, its calculated level of
production of the controlled substances in Group II of Annex A for the basic
domestic needs of the Parties operating under paragraph 1 of Article 5 does not
exceed zero.
Article 2C: Other fully halogenated CFCs
1. Each Party shall ensure that for the twelve-month period commencing on 1
January 1993, its calculated level of consumption of the controlled substances
in Group I of Annex B does not exceed, annually, eighty per cent of its
calculated level of consumption in 1989. Each Party producing one or more of
these substances shall, for the same period, ensure that its calculated level of
production of the substances does not exceed, annually, eighty per cent of its
calculated level of production in 1989. However, in order to satisfy the basic
domestic needs of the Parties operating under paragraph 1 of Article 5, its
calculated level of production may exceed that limit by up to ten per cent of
its calculated level of production in 1989.
2. Each Party shall ensure that for the twelve-month period commencing on 1
January 1994, and in each twelve-month period thereafter, its calculated level
of consumption of the controlled substances in Group I of Annex B does not
exceed, annually, twenty-five per cent of its calculated level of consumption in
1989. Each Party producing one or more of these substances shall, for the same
periods, ensure that its calculated level of production of the substances does
not exceed, annually, twenty-five per cent of its calculated level of production
in 1989. However, in order to satisfy the basic domestic needs of the Parties
operating under paragraph 1 of Article 5, its calculated level of production may
exceed that limit by up to ten per cent of its calculated level of production in
1989.
3. Each Party shall ensure that for the twelve-month period commencing on 1
January 1996, and in each twelve-month period thereafter, its calculated level
of consumption of the controlled substances in Group I of Annex B does not
exceed zero. Each Party producing one or more of these substances shall, for the
same periods, ensure that its calculated level of production of the substances
does not exceed zero. However, in order to satisfy the basic domestic needs of
the Parties operating under paragraph 1 of Article 5, its calculated level of
production may, until 1 January 2003 exceed that limit by up to fifteen per cent
of its calculated level of production in 1989; thereafter, it may exceed that
limit by a quantity equal to eighty per cent of the annual average of its
production of the controlled substances in Group I of Annex B for basic domestic
needs for the period 1998 to 2000 inclusive. This paragraph will apply save to
the extent that the Parties decide to permit the level of production or
consumption that is necessary to satisfy uses agreed by them to be essential.
4. Each Party shall ensure that for the twelve-month period commencing on 1
January 2007 and in each twelve-month period thereafter, its calculated level of
production of the controlled substances in Group I of Annex B for the basic
domestic needs of the Parties operating under paragraph 1 of Article 5 does not
exceed fifteen per cent of the annual average of its production of those
substances for basic domestic needs for the period 1998 to 2000 inclusive.
5. Each Party shall ensure that for the twelve-month period commencing on 1
January 2010 and in each twelve-month period thereafter, its calculated level of
production of the controlled substances in Group I of Annex B for the basic
domestic needs of the Parties operating under paragraph 1 of Article 5 does not
exceed zero.
Article 2D: Carbon tetrachloride
1. Each Party shall ensure that for the twelve-month period commencing on 1
January 1995, its calculated level of consumption of the controlled substance in
Group II of Annex B does not exceed, annually, fifteen per cent of its
calculated level of consumption in 1989. Each Party producing the substance
shall, for the same period, ensure that its calculated level of production of
the substance does not exceed, annually, fifteen per cent of its calculated
level of production in 1989. However, in order to satisfy the basic domestic
needs of the Parties operating under paragraph 1 of Article 5, its calculated
level of production may exceed that limit by up to ten per cent of its
calculated level of production in 1989.
2. Each Party shall ensure that for the twelve-month period commencing on 1
January 1996, and in each twelve-month period thereafter, its calculated level
of consumption of the controlled substance in Group II of Annex B does not
exceed zero. Each Party producing the substance shall, for the same periods,
ensure that its calculated level of production of the substance does not exceed
zero. However, in order to satisfy the basic domestic needs of the Parties
operating under paragraph 1 of Article 5, its calculated level of production may
exceed that limit by up to fifteen per cent of its calculated level of
production in 1989. This paragraph will apply save to the extent that the
Parties decide to permit the level of production or consumption that is
necessary to satisfy uses agreed by them to be essential.
Article 2E: 1,1,1-Trichloroethane (Methyl
chloroform)
1. Each Party shall ensure that for the twelve-month period commencing on 1
January 1993, its calculated level of consumption of the controlled substance in
Group III of Annex B does not exceed, annually, its calculated level of
consumption in 1989. Each Party producing the substance shall, for the same
period, ensure that its calculated level of production of the substance does not
exceed, annually, its calculated level of production in 1989. However, in order
to satisfy the basic domestic needs of the Parties operating under paragraph 1
of Article 5, its calculated level of production may exceed that limit by up to
ten per cent of its calculated level of production in 1989.
2. Each Party shall ensure that for the twelve-month period commencing on 1
January 1994, and in each twelve-month period thereafter, its calculated level
of consumption of the controlled substance in Group III of Annex B does not
exceed, annually, fifty per cent of its calculated level of consumption in 1989.
Each Party producing the substance shall, for the same periods, ensure that its
calculated level of production of the substance does not exceed, annually, fifty
per cent of its calculated level of production in 1989. However, in order to
satisfy the basic domestic needs of the Parties operating under paragraph 1 of
Article 5, its calculated level of production may exceed that limit by up to ten
per cent of its calculated level of production in 1989.
3. Each Party shall ensure that for the twelve-month period commencing on 1
January 1996, and in each twelve-month period thereafter, its calculated level
of consumption of the controlled substance in Group III of Annex B does not
exceed zero. Each Party producing the substance shall, for the same periods,
ensure that its calculated level of production of the substance does not exceed
zero. However, in order to satisfy the basic domestic needs of the Parties
operating under paragraph 1 of Article 5, its calculated level of production may
exceed that limit by up to fifteen per cent of its calculated level of
production for 1989. This paragraph will apply save to the extent that the
Parties decide to permit the level of production or consumption that is
necessary to satisfy uses agreed by them to be essential.
Article 2F: Hydrochlorofluorocarbons
1. Each Party shall ensure that for the twelve-month period commencing on 1
January 1996, and in each twelve-month period thereafter, its calculated level
of consumption of the controlled substances in Group I of Annex C does not
exceed, annually, the sum of:
- Two point eight per cent of its calculated level of consumption in 1989 of
the controlled substances in Group I of Annex A; and
- Its calculated level of consumption in 1989 of the controlled substances
in Group I of Annex C.
2. Each Party shall ensure that for the twelve month period commencing on 1
January 2004, and in each twelve-month period thereafter, its calculated level
of consumption of the controlled substances in Group I of Annex C does not
exceed, annually, sixty-five per cent of the sum referred to in paragraph 1 of
this Article.
3. Each Party shall ensure that for the twelve-month period commencing on 1
January 2010, and in each twelve-month period thereafter, its calculated level
of consumption of the controlled substances in Group I of Annex C does not
exceed, annually, thirty-five per cent of the sum referred to in paragraph 1 of
this Article.
4. Each Party shall ensure that for the twelve-month period commencing on 1
January 2015, and in each twelve-month period thereafter, its calculated level
of consumption of the controlled substances in Group I of Annex C does not
exceed, annually, ten per cent of the sum referred to in paragraph 1 of this
Article.
5. Each Party shall ensure that for the twelve-month period commencing on 1
January 2020, and in each twelve-month period thereafter, its calculated level
of consumption of the controlled substances in Group I of Annex C does not
exceed, annually, zero point five per cent of the sum referred to in paragraph 1
of this Article. Such consumption shall, however, be restricted to the servicing
of refrigeration and air conditioning equipment existing at that date.
6. Each Party shall ensure that for the twelve-month period commencing on 1
January 2030, and in each twelve-month period thereafter, its calculated level
of consumption of the controlled substances in Group I of Annex C does not
exceed zero.
7. As of 1 January 1996, each Party shall endeavour to ensure that:
- The use of controlled substances in Group I of Annex C is limited to those
applications where other more environmentally suitable alternative substances
or technologies are not available;
- The use of controlled substances in Group I of Annex C is not outside the
areas of application currently met by controlled substances in Annexes A, B
and C, except in rare cases for the protection of human life or human health;
and
- Controlled substances in Group I of Annex C are selected for use in a
manner that minimizes ozone depletion, in addition to meeting other
environmental, safety and economic considerations.
8. Each Party producing one or more of these substances shall ensure that for
the twelve-month period commencing on 1 January 2004, and in each twelve-month
period thereafter, its calculated level of production of the controlled
substances in Group I of Annex C does not exceed, annually, the average of:
- The sum of its calculated level of consumption in 1989 of the controlled
substances in Group I of Annex C and two point eight per cent of its
calculated level of consumption in 1989 of the controlled substances in Group
I of Annex A; and
- The sum of its calculated level of production in 1989 of the controlled
substances in Group I of Annex C and two point eight per cent of its
calculated level of production in 1989 of the controlled substances in Group I
of Annex A.
However, in order to satisfy the basic domestic needs of the Parties
operating under paragraph 1 of Article 5, its calculated level of production may
exceed that limit by up to fifteen per cent of its calculated level of
production of the controlled substances in Group I of Annex C as defined above.
Article 2G: Hydrobromofluorocarbons
Each Party shall ensure that for the twelve-month period commencing on 1
January 1996, and in each twelve-month period thereafter, its calculated level
of consumption of the controlled substances in Group II of Annex C does not
exceed zero. Each Party producing the substances shall, for the same periods,
ensure that its calculated level of production of the substances does not exceed
zero. This paragraph will apply save to the extent that the Parties decide to
permit the level of production or consumption that is necessary to satisfy uses
agreed by them to be essential.
Article 2H: Methyl bromide
1. Each Party shall ensure that for the twelve-month period commencing on 1
January 1995, and in each twelve-month period thereafter, its calculated level
of consumption of the controlled substance in Annex E does not exceed, annually,
its calculated level of consumption in 1991. Each Party producing the substance
shall, for the same period, ensure that its calculated level of production of
the substance does not exceed, annually, its calculated level of production in
1991. However, in order to satisfy the basic domestic needs of the Parties
operating under paragraph 1 of Article 5, its calculated level of production may
exceed that limit by up to ten per cent of its calculated level of production in
1991.
2. Each Party shall ensure that for the twelve-month period commencing on 1
January 1999, and in the twelve-month period thereafter, its calculated level of
consumption of the controlled substance in Annex E does not exceed, annually,
seventy-five per cent of its calculated level of consumption in 1991. Each Party
producing the substance shall, for the same periods, ensure that its calculated
level of production of the substance does not exceed, annually, seventy-five per
cent of its calculated level of production in 1991. However, in order to satisfy
the basic domestic needs of the Parties operating under paragraph 1 of Article
5, its calculated level of production may exceed that limit by up to ten per
cent of its calculated level of production in 1991.
3. Each Party shall ensure that for the twelve-month period commencing on 1
January 2001, and in the twelve-month period thereafter, its calculated level of
consumption of the controlled substance in Annex E does not exceed, annually,
fifty per cent of its calculated level of consumption in 1991. Each Party
producing the substance shall, for the same periods, ensure that its calculated
level of production of the substance does not exceed, annually, fifty per cent
of its calculated level of production in 1991. However, in order to satisfy the
basic domestic needs of the Parties operating under paragraph 1 of Article 5,
its calculated level of production may exceed that limit by up to ten per cent
of its calculated level of production in 1991.
4. Each Party shall ensure that for the twelve-month period commencing on 1
January 2003, and in the twelve-month period thereafter, its calculated level of
consumption of the controlled substance in Annex E does not exceed, annually,
thirty per cent of its calculated level of consumption in 1991. Each Party
producing the substance shall, for the same periods, ensure that its calculated
level of production of the substance does not exceed, annually, thirty per cent
of its calculated level of production in 1991. However, in order to satisfy the
basic domestic needs of the Parties operating under paragraph 1 of Article 5,
its calculated level of production may exceed that limit by up to ten per cent
of its calculated level of production in 1991.
5. Each Party shall ensure that for the twelve-month period commencing on 1
January 2005, and in each twelve-month period thereafter, its calculated level
of consumption of the controlled substance in Annex E does not exceed zero. Each
Party producing the substance shall, for the same periods, ensure that its
calculated level of production of the substance does not exceed zero. However,
in order to satisfy the basic domestic needs of the Parties operating under
paragraph 1 of Article 5, its calculated level of production may, until 1
January 2002 exceed that limit by up to fifteen per cent of its calculated level
of production in 1991; thereafter, it may exceed that limit by a quantity equal
to the annual average of its production of the controlled substance in Annex E
for basic domestic needs for the period 1995 to 1998 inclusive. This paragraph
will apply save to the extent that the Parties decide to permit the level of
production or consumption that is necessary to satisfy uses agreed by them to be
critical uses.
5 bis. Each Party shall ensure that for the twelve-month period
commencing on 1 January 2005 and in each twelve-month period thereafter, its
calculated level of production of the controlled substance in Annex E for the
basic domestic needs of the Parties operating under paragraph 1 of Article 5
does not exceed eighty per cent of the annual average of its production of the
substance for basic domestic needs for the period 1995 to 1998 inclusive.
5 ter. Each Party shall ensure that for the twelve-month period
commencing on 1 January 2015 and in each twelve-month period thereafter, its
calculated level of production of the controlled substance in Annex E for the
basic domestic needs of the Parties operating under paragraph 1 of Article 5
does not exceed zero.
6. The calculated levels of consumption and production under this Article
shall not include the amounts used by the Party for quarantine and pre-shipment
applications.
Article 2I: Bromochloromethane
Each Party shall ensure that for the twelve-month period commencing on 1
January 2002, and in each twelve-month period thereafter, its calculated level
of consumption and production of the controlled substance in Group III of Annex
C does not exceed zero. This paragraph will apply save to the extent that the
Parties decide to permit the level of production or consumption that is
necessary to satisfy uses agreed by them to be essential.
Article 3: Calculation of control levels
For the purposes of Articles 2, 2A to 2I and 5, each Party shall, for each
group of substances in Annex A, Annex B, Annex C or Annex E determine its
calculated levels of:
(a) Production by:
(i) multiplying its annual production of each controlled substance by the
ozone depleting potential specified in respect of it in Annex A,
Annex B, Annex C or Annex E;
(ii) adding together, for each such Group, the resulting figures;
(b) Imports and exports, respectively, by following, mutatis mutandis,
the procedure set out in subparagraph (a); and
(c) Consumption by adding together its calculated levels of production and
imports and subtracting its calculated level of exports as determined in
accordance with subparagraphs (a) and (b). However, beginning on 1 January
1993, any export of controlled substances to non-Parties shall not be
subtracted in calculating the consumption level of the exporting Party.
Article 4: Control of trade with non-Parties
1. As of 1 January 1990, each party shall ban the import of the controlled
substances in Annex A from any State not party to this Protocol.
1 bis. Within one year of the date of the entry into force of this
paragraph, each Party shall ban the import of the controlled substances in Annex
B from any State not party to this Protocol.
1 ter. Within one year of the date of entry into force of this
paragraph, each Party shall ban the import of any controlled substances in Group
II of Annex C from any State not party to this Protocol.
1 qua. Within one year of the date of entry into force of this
paragraph, each Party shall ban the import of the controlled substance in Annex
E from any State not party to this Protocol.
1 quin. As of 1 January 2004, each Party shall ban the import of the
controlled substances in Group I of Annex C from any State not party to this
Protocol.
1 sex. Within one year of the date of entry into force of this
paragraph, each Party shall ban the import of the controlled substance in Group
III of Annex C from any State not party to this Protocol.
2. As of 1 January 1993, each Party shall ban the export of any controlled
substances in Annex A to any State not party to this Protocol.
2 bis. Commencing one year after the date of entry into force of this
paragraph, each Party shall ban the export of any controlled substances in Annex
B to any State not party to this Protocol.
2 ter. Commencing one year after the date of entry into force of this
paragraph, each Party shall ban the export of any controlled substances in Group
II of Annex C to any State not party to this Protocol.
2 qua. Commencing one year of the date of entry into force of this
paragraph, each Party shall ban the export of the controlled substance in Annex
E to any State not party to this Protocol.
2 quin. As of 1 January 2004, each Party shall ban the export of the
controlled substances in Group I of Annex C to any State not party to this
Protocol.
2 sex. Within one year of the date of entry into force of this
paragraph, each Party shall ban the export of the controlled substance in Group
III of Annex C to any State not party to this Protocol.
3. By 1 January 1992, the Parties shall, following the procedures in Article
10 of the Convention, elaborate in an annex a list of products containing
controlled substances in Annex A. Parties that have not objected to the annex in
accordance with those procedures shall ban, within one year of the annex having
become effective, the import of those products from any State not party to this
Protocol.
3 bis. Within three years of the date of the entry into force of this
paragraph, the Parties shall, following the procedures in Article 10 of the
Convention, elaborate in an annex a list of products containing controlled
substances in Annex B. Parties that have not objected to the annex in accordance
with those procedures shall ban, within one year of the annex having become
effective, the import of those products from any State not party to this
Protocol.
3 ter. Within three years of the date of entry into force of this
paragraph, the Parties shall, following the procedures in Article 10 of the
Convention, elaborate in an annex a list of products containing controlled
substances in Group II of Annex C. Parties that have not objected to the annex
in accordance with those procedures shall ban, within one year of the annex
having become effective, the import of those products from any State not party
to this Protocol.
4. By 1 January 1994, the Parties shall determine the feasibility of banning
or restricting, from States not party to this Protocol, the import of products
produced with, but not containing, controlled substances in Annex A. If
determined feasible, the Parties shall, following the procedures in Article 10
of the Convention, elaborate in an annex a list of such products. Parties that
have not objected to the annex in accordance with those procedures shall ban,
within one year of the annex having become effective, the import of those
products from any State not party to this Protocol.
4 bis. Within five years of the date of the entry into force of this
paragraph, the Parties shall determine the feasibility of banning or
restricting, from States not party to this Protocol, the import of products
produced with, but not containing, controlled substances in Annex B. If
determined feasible, the Parties shall, following the procedures in Article 10
of the Convention, elaborate in an annex a list of such products. Parties that
have not objected to the annex in accordance with those procedures shall ban or
restrict, within one year of the annex having become effective, the import of
those products from any State not party to this Protocol.
4 ter. Within five years of the date of entry into force of this
paragraph, the Parties shall determine the feasibility of banning or
restricting, from States not party to this Protocol, the import of products
produced with, but not containing, controlled substances in Group II of Annex C.
If determined feasible, the Parties shall, following the procedures in Article
10 of the Convention, elaborate in an annex a list of such products. Parties
that have not objected to the annex in accordance with those procedures shall
ban or restrict, within one year of the annex having become effective, the
import of those products from any State not party to this Protocol.
5. Each Party undertakes to the fullest practicable extent to discourage the
export to any State not party to this Protocol of technology for producing and
for utilizing controlled substances in Annexes A, B, C and E.
6. Each Party shall refrain from providing new subsidies, aid, credits,
guarantees or insurance programmes for the export to States not party to this
Protocol of products, equipment, plants or technology that would facilitate the
production of controlled substances in Annexes A, B, C and E.
7. Paragraphs 5 and 6 shall not apply to products, equipment, plants or
technology that improve the containment, recovery, recycling or destruction of
controlled substances, promote the development of alternative substances, or
otherwise contribute to the reduction of emissions of controlled substances in
Annexes A, B, C and E.
8. Notwithstanding the provisions of this Article, imports and exports
referred to in paragraphs 1 to 4 ter of this Article may be permitted
from, or to, any State not party to this Protocol, if that State is determined,
by a meeting of the Parties, to be in full compliance with Article 2, Articles
2A to 2I and this Article, and have submitted data to that effect as specified
in Article 7.
9. For the purposes of this Article, the term "State not party to this
Protocol" shall include, with respect to a particular controlled substance, a
State or regional economic integration organization that has not agreed to be
bound by the control measures in effect for that substance.
10. By 1 January 1996, the Parties shall consider whether to amend this
Protocol in order to extend the measures in this Article to trade in controlled
substances in Group I of Annex C and in Annex E with States not party to the
Protocol.
Article 4A: Control of trade with Parties
1. Where, after the phase-out date applicable to it for a controlled
substance, a Party is unable, despite having taken all practicable steps to
comply with its obligation under the Protocol, to cease production of that
substance for domestic consumption, other than for uses agreed by the Parties to
be essential, it shall ban the export of used, recycled and reclaimed quantities
of that substance, other than for the purpose of destruction.
2. Paragraph 1 of this Article shall apply without prejudice to the operation
of Article 11 of the Convention and the non-compliance procedure developed under
Article 8 of the Protocol.
Article 4B: Licensing
1. Each Party shall, by 1 January 2000 or within three months of the date of
entry into force of this Article for it, whichever is the later, establish and
implement a system for licensing the import and export of new, used, recycled
and reclaimed controlled substances in Annexes A, B, C and E.
2. Notwithstanding paragraph 1 of this Article, any Party operating under
paragraph 1 of Article 5 which decides it is not in a position to establish and
implement a system for licensing the import and export of controlled substances
in Annexes C and E, may delay taking those actions until 1 January 2005 and 1
January 2002, respectively.
3. Each Party shall, within three months of the date of introducing its
licensing system, report to the Secretariat on the establishment and operation
of that system.
4. The Secretariat shall periodically prepare and circulate to all Parties a
list of the Parties that have reported to it on their licensing systems and
shall forward this information to the Implementation Committee for consideration
and appropriate recommendations to the Parties.
Article 5: Special situation of developing
countries
1. Any Party that is a developing country and whose annual calculated level
of consumption of the controlled substances in Annex A is less than 0.3
kilograms per capita on the date of the entry into force of the Protocol for it,
or any time thereafter until 1 January 1999, shall, in order to meet its basic
domestic needs, be entitled to delay for ten years its compliance with the
control measures set out in Articles 2A to 2E, provided that any further
amendments to the adjustments or Amendment adopted at the Second Meeting of the
Parties in London, 29 June 1990, shall apply to the Parties operating under this
paragraph after the review provided for in paragraph 8 of this Article has taken
place and shall be based on the conclusions of that review.
1 bis. The Parties shall, taking into account the review referred to
in paragraph 8 of this Article, the assessments made pursuant to Article 6 and
any other relevant information, decide by 1 January 1996, through the procedure
set forth in paragraph 9 of Article 2:
- With respect to paragraphs 1 to 6 of Article 2F, what base year, initial
levels, control schedules and phase-out date for consumption of the controlled
substances in Group I of Annex C will apply to Parties operating under
paragraph 1 of this Article;
- With respect to Article 2G, what phase-out date for production and
consumption of the controlled substances in Group II of Annex C will apply to
Parties operating under paragraph 1 of this Article; and
- With respect to Article 2H, what base year, initial levels and control
schedules for consumption and production of the controlled substance in Annex
E will apply to Parties operating under paragraph 1 of this Article.
2. However, any Party operating under paragraph 1 of this Article shall
exceed neither an annual calculated level of consumption of the controlled
substances in Annex A of 0.3 kilograms per capita nor an annual calculated level
of consumption of controlled substances of Annex B of 0.2 kilograms per capita.
3. When implementing the control measures set out in Articles 2A to 2E, any
Party operating under paragraph 1 of this Article shall be entitled to use:
- For controlled substances under Annex A, either the average of its annual
calculated level of consumption for the period 1995 to 1997 inclusive or a
calculated level of consumption of 0.3 kilograms per capita, whichever is the
lower, as the basis for determining its compliance with the control measures
relating to consumption.
- For controlled substances under Annex B, the average of its annual
calculated level of consumption for the period 1998 to 2000 inclusive or a
calculated level of consumption of 0.2 kilograms per capita, whichever is the
lower, as the basis for determining its compliance with the control measures
relating to consumption.
- For controlled substances under Annex A, either the average of its annual
calculated level of production for the period 1995 to 1997 inclusive or a
calculated level of production of 0.3 kilograms per capita, whichever is the
lower, as the basis for determining its compliance with the control measures
relating to production.
- For controlled substances under Annex B, either the average of its annual
calculated level of production for the period 1998 to 2000 inclusive or a
calculated level of production of 0.2 kilograms per capita, whichever is the
lower, as the basis for determining its compliance with the control measures
relating to production.
4. If a Party operating under paragraph 1 of this Article, at any time before
the control measures obligations in Articles 2A to 2I become applicable to it,
finds itself unable to obtain an adequate supply of controlled substances, it
may notify this to the Secretariat. The Secretariat shall forthwith transmit a
copy of such notification to the Parties, which shall consider the matter at
their next Meeting, and decide upon appropriate action to be taken.
5. Developing the capacity to fulfil the obligations of the Parties operating
under paragraph 1 of this Article to comply with the control measures set out in
Articles 2A to 2E and Article 2I, and any control measures in Articles 2F to 2H
that are decided pursuant to paragraph 1 bis of this Article, and their
implementation by those same Parties will depend upon the effective
implementation of the financial co-operation as provided by Article 10 and the
transfer of technology as provided by Article 10A.
6. Any Party operating under paragraph 1 of this Article may, at any time,
notify the Secretariat in writing that, having taken all practicable steps it is
unable to implement any or all of the obligations laid down in Articles 2A to 2E
and Article 2I, or any or all obligations in Articles 2F to 2H that are decided
pursuant to paragraph 1 bis of this Article, due to the inadequate
implementation of Articles 10 and 10A. The Secretariat shall forthwith transmit
a copy of the notification to the Parties, which shall consider the matter at
their next Meeting, giving due recognition to paragraph 5 of this Article and
shall decide upon appropriate action to be taken.
7. During the period between notification and the Meeting of the Parties at
which the appropriate action referred to in paragraph 6 above is to be decided,
or for a further period if the Meeting of the Parties so decides, the
non-compliance procedures referred to in Article 8 shall not be invoked against
the notifying Party.
8. A Meeting of the Parties shall review, not later than 1995, the situation
of the Parties operating under paragraph 1 of this Article, including the
effective implementation of financial co-operation and transfer of technology to
them, and adopt such revisions that may be deemed necessary regarding the
schedule of control measures applicable to those Parties.
8 bis. Based on the conclusions of the review referred to in paragraph
8 above:
- With respect to the controlled substances in Annex A, a Party operating
under paragraph 1 of this Article shall, in order to meet its basic domestic
needs, be entitled to delay for ten years its compliance with the control
measures adopted by the Second Meeting of the Parties in London, 29 June 1990,
and reference by the Protocol to Articles 2A and 2B shall be read accordingly;
- With respect to the controlled substances in Annex B, a Party operating
under paragraph 1 of this Article shall, in order to meet its basic domestic
needs, be entitled to delay for ten years its compliance with the control
measures adopted by the Second Meeting of the Parties in London, 29 June 1990,
and reference by the Protocol to Articles 2C to 2E shall be read accordingly.
8 ter. Pursuant to paragraph 1 bis above:
- Each Party operating under paragraph 1 of this Article shall ensure that
for the twelve-month period commencing on 1 January 2016, and in each
twelve-month period thereafter, its calculated level of consumption of the
controlled substances in Group I of Annex C does not exceed, annually, its
calculated level of consumption in 2015. As of 1 January 2016 each Party
operating under paragraph 1 of this Article shall comply with the control
measures set out in paragraph 8 of Article 2F and, as the basis for its
compliance with these control measures, it shall use the average of its
calculated levels of production and consumption in 2015;
- Each Party operating under paragraph 1 of this Article shall ensure that
for the twelve-month period commencing on 1 January 2040, and in each
twelve-month period thereafter, its calculated level of consumption of the
controlled substances in Group I of Annex C does not exceed zero;
- Each Party operating under paragraph 1 of this Article shall comply with
Article 2G;
- With regard to the controlled substance contained in Annex E:
(i) As of 1 January 2002 each Party operating under paragraph 1 of this
Article shall comply with the control measures set out in paragraph 1 of
Article 2H and, as the basis for its compliance with these control measures,
it shall use the average of its annual calculated level of consumption and
production, respectively, for the period of 1995 to 1998 inclusive;
(ii) Each Party operating under paragraph 1 of this Article shall ensure
that for the twelve-month period commencing on 1 January 2005, and in each
twelve-month period thereafter, its calculated levels of consumption and
production of the controlled substance in Annex E do not exceed, annually,
eighty per cent of the average of its annual calculated levels of consumption
and production, respectively, for the period of 1995 to 1998 inclusive;
(iii) Each Party operating under paragraph 1 of this Article shall ensure
that for the twelve-month period commencing on 1 January 2015 and in each
twelve-month period thereafter, its calculated levels of consumption and
production of the controlled substance in Annex E do not exceed zero. This
paragraph will apply save to the extent that the Parties decide to permit the
level of production or consumption that is necessary to satisfy uses agreed by
them to be critical uses;
(iv) The calculated levels of consumption and production under this
subparagraph shall not include the amounts used by the Party for quarantine
and pre-shipment applications.
9. Decisions of the Parties referred to in paragraph 4, 6 and 7 of this
Article shall be taken according to the same procedure applied to
decision-making under Article 10.
Article 6: Assessment and review of control
measures
Beginning in 1990, and at least every four years thereafter, the Parties
shall assess the control measures provided for in Article 2 and Articles 2A to
2I on the basis of available scientific, environmental, technical and economic
information. At least one year before each assessment, the Parties shall convene
appropriate panels of experts qualified in the fields mentioned and determine
the composition and terms of reference of any such panels. Within one year of
being convened, the panels will report their conclusions, through the
Secretariat, to the Parties.
Article 7: Reporting of data
1. Each Party shall provide to the Secretariat, within three months of
becoming a Party, statistical data on its production, imports and exports of
each of the controlled substances in Annex A for the year 1986, or the best
possible estimates of such data where actual data are not available.
2. Each Party shall provide to the Secretariat statistical data on its
production, imports and exports of each of the controlled substances
– in Annex B and Annexes I and II of Group C for the year 1989;
– in Annex E, for the year 1991,
or the best possible estimates of such data where actual data are not
available, not later than three months after the date when the provisions set
out in the Protocol with regard to the substances in Annexes B, C and E
respectively enter into force for that Party.
3. Each Party shall provide to the Secretariat statistical data on its annual
production (as defined in paragraph 5 of Article 1) of each of the controlled
substances listed in Annexes A, B, C and E and, separately, for each substance,
– Amounts used for feedstocks,
– Amounts destroyed by technologies approved by the Parties, and
– Imports from and exports to Parties and non-Parties respectively,
for the year during which provisions concerning the substances in Annexes A,
B, C and E respectively entered into force for that Party and for each year
thereafter. Each Party shall provide to the Secretariat statistical data on the
annual amount of the controlled substance listed in Annex E used for quarantine
and pre-shipment applications. Data shall be forwarded not later than nine
months after the end of the year to which the data relate.
3 bis. Each Party shall provide to the Secretariat separate
statistical data of its annual imports and exports of each of the controlled
substances listed in Group II of Annex A and Group I of Annex C that have been
recycled.
4. For Parties operating under the provisions of paragraph 8 (a) of Article
2, the requirements in paragraphs 1, 2, 3 and 3 bis of this Article in
respect of statistical data on imports and exports shall be satisfied if the
regional economic integration organization concerned provides data on imports
and exports between the organization and States that are not members of that
organization.
Article 8: Non-compliance
The Parties, at their first meeting, shall consider and approve procedures
and institutional mechanisms for determining non-compliance with the provisions
of this Protocol and for treatment of Parties found to be in non-compliance.
Article 9: Research, development, public awareness
and exchange of information
1. The Parties shall co-operate, consistent with their national laws,
regulations and practices and taking into account in particular the needs of
developing countries, in promoting, directly or through competent international
bodies, research, development and exchange of information on:
- best technologies for improving the containment, recovery, recycling, or
destruction of controlled substances or otherwise reducing their emissions;
- possible alternatives to controlled substances, to products containing
such substances, and to products manufactured with them; and
- costs and benefits of relevant control strategies.
2. The Parties, individually, jointly or through competent international
bodies, shall co-operate in promoting public awareness of the environmental
effects of the emissions of controlled substances and other substances that
deplete the ozone layer.
3. Within two years of the entry into force of this Protocol and every two
years thereafter, each Party shall submit to the Secretariat a summary of the
activities it has conducted pursuant to this Article.
Article 10: Financial mechanism
1. The Parties shall establish a mechanism for the purposes of providing
financial and technical co-operation, including the transfer of technologies, to
Parties operating under paragraph 1 of Article 5 of this Protocol to enable
their compliance with the control measures set out in Articles 2A to 2E and
Article 2I, and any control measures in Articles 2F to 2H that are decided
pursuant to paragraph 1 bis of Article 5 of the Protocol. The mechanism,
contributions to which shall be additional to other financial transfers to
Parties operating under that paragraph, shall meet all agreed incremental costs
of such Parties in order to enable their compliance with the control measures of
the Protocol. An indicative list of the categories of incremental costs shall be
decided by the meeting of the Parties.
2. The mechanism established under paragraph 1 shall include a Multilateral
Fund. It may also include other means of multilateral, regional and bilateral
co-operation.
3. The Multilateral Fund shall:
- Meet, on a grant or concessional basis as appropriate, and according to
criteria to be decided upon by the Parties, the agreed incremental costs;
- Finance clearing-house functions to:
(i) Assist Parties operating under paragraph 1 of Article 5, through
country specific studies and other technical co-operation, to identify their
needs for co-operation;
(ii) Facilitate technical co-operation to meet these identified needs;
(iii) Distribute, as provided for in Article 9, information and relevant
materials, and hold workshops, training sessions, and other related
activities, for the benefit of Parties that are developing countries; and
(iv) Facilitate and monitor other multilateral, regional and bilateral
co-operation available to Parties that are developing countries;
c. Finance the secretarial services of the Multilateral Fund and related
support costs.
4. The Multilateral Fund shall operate under the authority of the Parties who
shall decide on its overall policies.
5. The Parties shall establish an Executive Committee to develop and monitor
the implementation of specific operational policies, guidelines and
administrative arrangements, including the disbursement of resources, for the
purpose of achieving the objectives of the Multilateral Fund. The Executive
Committee shall discharge its tasks and responsibilities, specified in its terms
of reference as agreed by the Parties, with the co-operation and assistance of
the International Bank for Reconstruction and Development (World Bank), the
United Nations Environment Programme, the United Nations Development Programme
or other appropriate agencies depending on their respective areas of expertise.
The members of the Executive Committee, which shall be selected on the basis of
a balanced representation of the Parties operating under paragraph 1 of Article
5 and of the Parties not so operating, shall be endorsed by the Parties.
6. The Multilateral Fund shall be financed by contributions from Parties not
operating under paragraph 1 of Article 5 in convertible currency or, in certain
circumstances, in kind and/or in national currency, on the basis of the United
Nations scale of assessments. Contributions by other Parties shall be
encouraged. Bilateral and, in particular cases agreed by a decision of the
Parties, regional co-operation may, up to a percentage and consistent with any
criteria to be specified by decision of the Parties, be considered as a
contribution to the Multilateral Fund, provided that such co-operation, as a
minimum:
- Strictly relates to compliance with the provisions of this Protocol;
- Provides additional resources; and
- Meets agreed incremental costs.
7. The Parties shall decide upon the programme budget of the Multilateral
Fund for each fiscal period and upon the percentage of contributions of the
individual Parties thereto.
8. Resources under the Multilateral Fund shall be disbursed with the
concurrence of the beneficiary Party.
9. Decisions by the Parties under this Article shall be taken by consensus
whenever possible. If all efforts at consensus have been exhausted and no
agreement reached, decisions shall be adopted by a two-thirds majority vote of
the Parties present and voting, representing a majority of the Parties operating
under paragraph 1 of Article 5 present and voting and a majority of the Parties
not so operating present and voting.
10. The financial mechanism set out in this Article is without prejudice to
any future arrangements that may be developed with respect to other
environmental issues.
Article 10A: Transfer of technology
Each Party shall take every practicable step, consistent with the programmes
supported by the financial mechanism, to ensure:
- that the best available, environmentally safe substitutes and related
technologies are expeditiously transferred to Parties operating under
paragraph 1 of Article 5; and
- that the transfers referred to in subparagraph (a) occur under fair and
most favourable conditions.
Article 11: Meetings of the parties
1. The Parties shall hold meetings at regular intervals. The Secretariat
shall convene the first meeting of the Parties not later than one year after the
date of the entry into force of this Protocol and in conjunction with a meeting
of the Conference of the Parties to the Convention, if a meeting of the latter
is scheduled within that period.
2. Subsequent ordinary meetings of the parties shall be held, unless the
Parties otherwise decide, in conjunction with meetings of the Conference of the
Parties to the Convention. Extraordinary meetings of the Parties shall be held
at such other times as may be deemed necessary by a meeting of the Parties, or
at the written request of any Party, provided that within six months of such a
request being communicated to them by the Secretariat, it is supported by at
least one third of the Parties.
3. The Parties, at their first meeting, shall:
- adopt by consensus rules of procedure for their meetings;
- adopt by consensus the financial rules referred to in paragraph 2 of
Article 13;
- establish the panels and determine the terms of reference referred to in
Article 6;
- consider and approve the procedures and institutional mechanisms specified
in Article 8; and
- begin preparation of workplans pursuant to paragraph 3 of Article 10.
4. The functions of the meetings of the Parties shall be to:
- review the implementation of this Protocol;
- decide on any adjustments or reductions referred to in paragraph 9 of
Article 2;
- decide on any addition to, insertion in or removal from any annex of
substances and on related control measures in accordance with paragraph 10 of
Article 2;
- establish, where necessary, guidelines or procedures for reporting of
information as provided for in Article 7 and paragraph 3 of Article 9;
- review requests for technical assistance submitted pursuant to paragraph 2
of Article 10;
- review reports prepared by the secretariat pursuant to subparagraph (c) of
Article 12;
- assess, in accordance with Article 6, the control measures;
- consider and adopt, as required, proposals for amendment of this Protocol
or any annex and for any new annex;
- consider and adopt the budget for implementing this Protocol; and
- consider and undertake any additional action that may be required for the
achievement of the purposes of this Protocol.
5. The United Nations, its specialized agencies and the International Atomic
Energy Agency, as well as any State not party to this Protocol, may be
represented at meetings of the Parties as observers. Any body or agency, whether
national or international, governmental or non-governmental, qualified in fields
relating to the protection of the ozone layer which has informed the secretariat
of its wish to be represented at a meeting of the Parties as an observer may be
admitted unless at least one third of the Parties present object. The admission
and participation of observers shall be subject to the rules of procedure
adopted by the Parties.
Article 12: Secretariat
For the purposes of this Protocol, the Secretariat shall:
- arrange for and service meetings of the Parties as provided for in Article
11;
- receive and make available, upon request by a Party, data provided
pursuant to Article 7;
- prepare and distribute regularly to the Parties reports based on
information received pursuant to Articles 7 and 9;
- notify the Parties of any request for technical assistance received
pursuant to Article 10 so as to facilitate the provision of such assistance;
- encourage non-Parties to attend the meetings of the Parties as observers
and to act in accordance with the provisions of this Protocol;
- provide, as appropriate, the information and requests referred to in
subparagraphs (c) and (d) to such non-party observers; and
- perform such other functions for the achievement of the purposes of this
Protocol as may be assigned to it by the Parties.
Article 13: Financial provisions
1. The funds required for the operation of this Protocol, including those for
the functioning of the Secretariat related to this Protocol, shall be charged
exclusively against contributions from the Parties.
2. The Parties, at their first meeting, shall adopt by consensus financial
rules for the operation of this Protocol.
Article 14: Relationship of this Protocol to the
Convention
Except as otherwise provided in this Protocol, the provisions of the
Convention relating to its protocols shall apply to this Protocol.
Article 15: Signature
This Protocol shall be open for signature by States and by regional economic
integration organizations in Montreal on 16 September 1987, in Ottawa from 17
September 1987 to 16 January 1988, and at United Nations Headquarters in New
York from 17 January 1988 to 15 September 1988.
Article 16: Entry into force
1. This Protocol shall enter into force on 1 January 1989, provided that at
least eleven instruments of ratification, acceptance, approval of the Protocol
or accession thereto have been deposited by States or regional economic
integration organizations representing at least two-thirds of 1986 estimated
global consumption of the controlled substances, and the provisions of paragraph
1 of Article 17 of the Convention have been fulfilled. In the event that these
conditions have not been fulfilled by that date, the Protocol shall enter into
force on the ninetieth day following the date on which the conditions have been
fulfilled.
2. For the purposes of paragraph 1, any such instrument deposited by a
regional economic integration organization shall not be counted as additional to
those deposited by member States of such organization.
3. After the entry into force of this Protocol, any State or regional
economic integration organization shall become a Party to it on the ninetieth
day following the date of deposit of its instrument of ratification, acceptance,
approval or accession.
Article 17: Parties joining after entry into force
Subject to Article 5, any State or regional economic integration organization
which becomes a Party to this Protocol after the date of its entry into force,
shall fulfil forthwith the sum of the obligations under Article 2, as well as
under Articles 2A to 2I and Article 4, that apply at that date to the States and
regional economic integration organizations that became Parties on the date the
Protocol entered into force.
Article 18: Reservations
No reservations may be made to this Protocol.
Article 19: Withdrawal
Any Party may withdraw from this Protocol by giving written notification to
the Depositary at any time after four years of assuming the obligations
specified in paragraph 1 of Article 2A. Any such withdrawal shall take effect
upon expiry of one year after the date of its receipt by the Depositary, or on
such later date as may be specified in the notification of the withdrawal.
Article 20: Authentic texts
The original of this Protocol, of which the Arabic, Chinese, English, French,
Russian and Spanish texts are equally authentic, shall be deposited with the
Secretary-General of the United Nations.
IN WITNESS WHEREOF THE UNDERSIGNED, BEING DULY AUTHORIZED TO
THAT EFFECT, HAVE SIGNED THIS PROTOCOL.
DONE AT MONTREAL THIS SIXTEENTH DAY OF SEPTEMBER, ONE THOUSAND
NINE HUNDRED AND EIGHTY SEVEN.
Annex A: Controlled substances
Group
|
Substance
|
Ozone-Depleting Potential*
|
Group I
|
|
|
CFCl3
|
(CFC-11)
|
1.0
|
CF2Cl2
|
(CFC-12)
|
1.0
|
C2F3Cl3
|
(CFC-113)
|
0.8
|
C2F4Cl2
|
(CFC-114)
|
1.0
|
C2F5Cl
|
(CFC-115)
|
0.6
|
|
|
|
Group II
|
|
|
CF2BrCl
|
(halon-1211)
|
3.0
|
CF3Br
|
(halon-1301)
|
10.0
|
C2F4Br2
|
(halon-2402)
|
6.0
|
* These ozone depleting potentials are estimates based on
existing knowledge and will be reviewed and revised periodically.
Annex B: Controlled substances
Group
|
Substance
|
Ozone-Depleting Potential
|
Group I
|
|
|
CF3Cl
|
(CFC-13)
|
1.0
|
C2FCl5
|
(CFC-111)
|
1.0
|
C2F2Cl4
|
(CFC-112)
|
1.0
|
C3FCl7
|
(CFC-211)
|
1.0
|
C3F2Cl6
|
(CFC-212)
|
1.0
|
C3F3Cl5
|
(CFC-213)
|
1.0
|
C3F4Cl4
|
(CFC-214)
|
1.0
|
C3F5Cl3
|
(CFC-215)
|
1.0
|
C3F6Cl2
|
(CFC-216)
|
1.0
|
C3F7Cl
|
(CFC-217)
|
1.0
|
|
|
|
Group II
|
|
|
CCl4
|
carbon tetrachloride
|
1.1
|
|
|
|
Group III
|
|
|
C2H3Cl3*
|
1,1,1-trichloroethane* (methyl chloroform)
|
0.1
|
* This formula does not refer to 1,1,2-trichloroethane.
Annex C: Controlled substances
Group
|
Substance
|
Number of isomers
|
Ozone-Depleting Potential
|
Group I
|
|
|
|
CHFCl2
|
(HCFC-21)**
|
1
|
0.04
|
CHF2Cl
|
(HCFC-22)**
|
1
|
0.055
|
CH2FCl
|
(HCFC-31)
|
1
|
0.02
|
C2HFCl4
|
(HCFC-121)
|
2
|
0.01–0.04
|
C2HF2Cl3
|
(HCFC-122)
|
3
|
0.02–0.08
|
C2HF3Cl2
|
(HCFC-123)
|
3
|
0.02–0.06
|
CHCl2CF3
|
(HCFC-123)**
|
–
|
0.02
|
C2HF4Cl
|
(HCFC-124)
|
2
|
0.02–0.04
|
CHFClCF3
|
(HCFC-124)**
|
–
|
0.022
|
C2H2FCl3
|
(HCFC-131)
|
3
|
0.007–0.05
|
C2H2F2Cl2
|
(HCFC-132)
|
4
|
0.008–0.05
|
C2H2F3Cl
|
(HCFC-133)
|
3
|
0.02–0.06
|
C2H3FCl2
|
(HCFC-141)
|
3
|
0.005–0.07
|
CH3CFCl2
|
(HCFC-141b)**
|
–
|
0.11
|
C2H3F2Cl
|
(HCFC-142)
|
3
|
0.008–0.07
|
CH3CF2Cl
|
(HCFC-142b)**
|
–
|
0.065
|
C2H4FCl
|
(HCFC-151)
|
2
|
0.003–0.005
|
C3HFCl6
|
(HCFC-221)
|
5
|
0.015–0.07
|
C3HF2Cl5
|
(HCFC-222)
|
9
|
0.01–0.09
|
C3HF3Cl4
|
(HCFC-223)
|
12
|
0.01–0.08
|
C3HF4Cl3
|
(HCFC-224)
|
12
|
0.01–0.09
|
C3HF5Cl2
|
(HCFC-225)
|
9
|
0.02–0.07
|
CF3CF2CHCl2
|
(HCFC-225ca)**
|
–
|
0.025
|
CF2ClCF2CHClF
|
(HCFC-225cb)**
|
–
|
0.033
|
C3HF6Cl
|
(HCFC-226)
|
5
|
0.02–0.10
|
C3H2FCl5
|
(HCFC-231)
|
9
|
0.05–0.09
|
C3H2F2Cl4
|
(HCFC-232)
|
16
|
0.008–0.10
|
C3H2F3Cl3
|
(HCFC-233)
|
18
|
0.007–0.23
|
C3H2F4Cl2
|
(HCFC-234)
|
16
|
0.01–0.28
|
C3H2F5Cl
|
(HCFC-235)
|
9
|
0.03–0.52
|
C3H3FCl4
|
(HCFC-241)
|
12
|
0.004–0.09
|
C3H3F2Cl3
|
(HCFC-242)
|
18
|
0.005–0.13
|
C3H3F3Cl2
|
(HCFC-243)
|
18
|
0.007–0.12
|
C3H3F4Cl
|
(HCFC-244)
|
12
|
0.009–0.14
|
C3H4FCl3
|
(HCFC-251)
|
12
|
0.001–0.01
|
C3H4F2Cl2
|
(HCFC-252)
|
16
|
0.005–0.04
|
C3H4F3Cl
|
(HCFC-253)
|
12
|
0.003–0.03
|
C3H5FCl2
|
(HCFC-261)
|
9
|
0.002–0.02
|
C3H5F2Cl
|
(HCFC-262)
|
9
|
0.002–0.02
|
C3H6FCl
|
(HCFC-271)
|
5
|
0.001–0.03
|
|
|
|
|
Group II
|
|
|
|
CHFBr2
|
|
1
|
1.00
|
CHF2Br
|
(HBFC-22B1)
|
1
|
0.74
|
CH2FBr
|
|
1
|
0.73
|
C2HFBr4
|
|
2
|
0.3–0.8
|
C2HF2Br3
|
|
3
|
0.5–1.8
|
C2HF3Br2
|
|
3
|
0.4–1.6
|
C2HF4Br
|
|
2
|
0.7–1.2
|
C2H2FBr3
|
|
3
|
0.1–1.1
|
C2H2F2Br2
|
|
4
|
0.2–1.5
|
C2H2F3Br
|
|
3
|
0.7–1.6
|
C2H3FBr2
|
|
3
|
0.1–1.7
|
C2H3F2Br
|
|
3
|
0.2–1.1
|
C2H4FBr
|
|
2
|
0.07–0.1
|
C3HFBr6
|
|
5
|
0.3–1.5
|
C3HF2Br5
|
|
9
|
0.2–1.9
|
C3HF3Br4
|
|
12
|
0.3–1.8
|
C3HF4Br3
|
|
12
|
0.5–2.2
|
C3HF5Br2
|
|
9
|
0.9–2.0
|
C3HF6Br
|
|
5
|
0.7–3.3
|
C3H2FBr5
|
|
9
|
0.1–1.9
|
C3H2F2Br4
|
|
16
|
0.2–2.1
|
C3H2F3Br3
|
|
18
|
0.2–5.6
|
C3H2F4Br2
|
|
16
|
0.3–7.5
|
C3H2F5Br
|
|
8
|
0.9–14.0
|
C3H3FBr4
|
|
12
|
0.08–1.9
|
C3H3F2Br3
|
|
18
|
0.1–3.1
|
C3H3F3Br2
|
|
18
|
0.1–2.5
|
C3H3F4Br
|
|
12
|
0.3–4.4
|
C3H4FBr3
|
|
12
|
0.03–0.3
|
C3H4F2Br2
|
|
16
|
0.1–1.0
|
C3H4F3Br
|
|
12
|
0.07–0.8
|
C3H5FBr2
|
|
9
|
0.04–0.4
|
C3H5F2Br
|
|
9
|
0.07–0.8
|
C3H6FBr
|
|
5
|
0.02–0.7
|
Group III
|
|
|
|
CH2BrCl
|
bromochloromethane
|
1
|
0.12
|
* Where a range of ODPs is indicated, the highest value in that range shall
be used for the purposes of the Protocol. The ODPs listed as a single value
have been determined from calculations based on laboratory measurements. Those
listed as a range are based on estimates and are less certain. The range
pertains to an isomeric group. The upper value is the estimate of the ODP of
the isomer with the highest ODP, and the lower value is the estimate of the
ODP of the isomer with the lowest ODP.
** Identifies the most commercially viable substances with ODP values
listed against them to be used for the purposes of the Protocol.
Annex D:* A list of products** containing
controlled substances specified in Annex A
|
Products
|
Customs code number
|
1.
|
Automobile and truck air conditioning units
(whether incorporated in vehicles or not)
|
...................
|
2.
|
Domestic and commercial refrigeration and air conditioning/heat pump
equipment***
|
...................
|
|
e.g.
|
Refrigerators
|
...................
|
|
|
Freezers
|
...................
|
|
|
Dehumidifiers
|
...................
|
|
|
Water coolers
|
...................
|
|
|
Ice machines
|
...................
|
|
|
Air conditioning and heat pump units
|
...................
|
3.
|
Aerosol products, except medical aerosols
|
...................
|
4.
|
Portable fire extinguisher
|
...................
|
5.
|
Insulation boards, panels and pipe covers
|
...................
|
6.
|
Pre-polymers
|
...................
|
* This Annex was adopted by the Third Meeting of the Parties in Nairobi,
21 June 1991 as required by paragraph 3 of Article 4 of the Protocol.
** Though not when transported in consignments of personal or household
effects or in similar non-commercial situations normally exempted from
customs attention.
*** When containing controlled substances in Annex A as a refrigerant
and/or in insulating material of the product.
Annex E: Controlled substance
Group
|
Substance
|
Ozone-Depleting Potential
|
Group I
|
|
|
CH3Br
|
methyl bromide
|
0.6
|
This text contains the latest version of the Montreal Protocol on Substances
that Deplete the Ozone Layer, updated to March 2000 to include the cumulative
amendments to various articles adopted by the Parties at their Second, Fourth,
Ninth and Eleventh Meetings. It includes also the adjustments in levels of
production and consumption of the controlled substances listed in annexes A, B,
C and E to the Protocol, as decided by the Parties on the basis of assessment
made in pursuance of article 6 of the Protocol at the Second, Fourth, Seventh,
Ninth and Eleventh Meetings. It should be noted that while adjustments to the
Protocol enter into force automatically six months after the date of official
notification by the Depositary, each set of amendments is subject to
ratification and enters into force and becomes binding for Parties to such
amendments only after it has been ratified by a minimum number of Parties.
Separate texts of the adjustments and amendments to the
Protocol as agreed by the Parties to the Protocol at meetings in London,
Copenhagen, Vienna, Montreal and Beijing are available from either the
Depositary, the United Nations Secretary-General, the Ozone Secretariat in UNEP
or the Treaties Sections of the Ministries of Foreign Affairs of various
Governments.
Ozone Secretariat
United Nations Environment Programme
P. O. Box 30552, Nairobi, Kenya
Tel: (254 2) 62 3850 · Fax:
(254 2) 62 3913/62 3601
Email: Ozoneinfo@unep.org
|