The 1987 Montreal Protocol on
Substances that Deplete the Ozone Layer
as adjusted and
amended by the second Meeting of the Parties
(London, 27-29 June 1990)
and by the fourth
Meeting of the Parties
(Copenhagen, 23-25 November 1992)
and further adjusted
by the seventh Meeting of the Parties
(Vienna, 5-7 December 1995)
and further adjusted
and amended by the ninth Meeting of the Parties
(Montreal, 15û17 September
1997)
[Please note that this version of the Montreal
Protocol includes the text of the adjustment adopted by the Parties at the
Ninth Conference of the Parties. This entered into force on 4 June 1998.
This version of the Montreal Protocol also includes
the text of the Amendment adopted by the Parties at the Ninth Conference of
the Parties (the "Montreal Amendment").
At the date of printing, this Amendment is not in
force. It will enter into force, only for those Parties which ratify it, on
1 January 1999, provided that at least twenty instruments of ratification,
acceptance or approval of the Amendment have been deposited by States or
regional economic integration organizations that are Parties to the
Montreal Protocol. (No State or regional economic integration organization
may deposit such an instrument unless it has previously, or simultaneously,
deposited such an instrument to the Copenhagen Amendment.)
The sections of the Protocol text which derive from
the Montreal Amendment are indicated here in underlined
text ]
Preamble
Article 1:
Definitions
Article 2: Control
Measures
Article 2A:
CFCs
Article 2B:
Halons
Article 2C: Other fully
halogenated CFCs
Article 2D: Carbon
tetrachloride
Article 2E:
1,1,1-Trichloroethane (Methyl chloroform)
Article 2F:
Hydrochlorofluorocarbons
Article 2G:
Hydrobromofluorocarbons
Article 2H: Methyl
bromide
Article 3:
Calculation of control levels
Article 4: Control
of trade with non-Parties
Article 4A: Control of trade
with Parties
Article 4B:
Licensing
Article 5: Special
situation of developing countries
Article 6:
Assessment and review of control
measures
Article 7: Reporting
of data
Article 8:
Non-compliance
Article 9: Research,
development, public awareness and exchange of information
Article 10: Financial mechanism
Article 10A: Transfer of technology
Article 11: Meetings of the
parties
Article 12:
Secretariat
Article 13: Financial
provisions
Article 14: Relationship of this
Protocol to the Convention
Article 15:
Signature
Article 16: Entry into
force
Article 17: Parties joining
after entry into force
Article 18:
Reservations
Article 19:
Withdrawal
Article 20: Authentic
texts
Annex A: Controlled
substances
Annex B: Controlled
substances
Annex C: Controlled
substances
Annex D: A list of
products containing controlled substances specified in Annex
A
Annex E: Controlled
substance
Preamble
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:
- "Convention" means the
Vienna Convention for the Protection of the Ozone Layer, adopted on 22
March 1985.
- "Parties" means, unless the
text otherwise indicates, Parties to this Protocol.
- "Secretariat" means the
Secretariat of the Convention.
- "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.
- "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".
- "Consumption" means
production plus imports minus exports of controlled substances.
- "Calculated levels" of
production, imports, exports and consumption means levels determined in
accordance with Article 3.
- "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
- Incorporated in Article
2A.
- Replaced by Article
2B.
- Replaced by Article
2A.
- Replaced by Article
2A.
- 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 2E, 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.
- 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.
- 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.
-
- (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 2H provided that their total combined
calculated level of consumption does not exceed the levels
required by this Article and Articles 2A to 2H.
(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.
-
- (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.
- 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:
- Notwithstanding the
provisions contained in this Article and Articles 2A to 2H Parties may
take more stringent measures than those required by this Article and
Articles 2A to 2H.
Introduction to the adjustments
The Second, Fourth, Seventh and Ninth
Meetings of the Parties to the Montreal Protocol on Substances that Deplete the
Ozone Layer decided, on the basis of assessments made pursuant to Article 6 of
the Protocol, to adopt adjustments and reductions of production and consumption
of the controlled substances in Annexes A, B, C and E to the Protocol as follows
(the text here shows the cumulative effect of all the adjustments):
Article 2A:
CFCs
- 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.
- 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.
- 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.
- 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
up to fifteen per cent of its calculated level of production in 1986.
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 2B: Halons
- 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.
- 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 exceed that limit by
up to fifteen per cent of its calculated level of production in 1986.
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 2C: Other fully halogenated
CFCs
- 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.
- 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.
- 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 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 2D: Carbon
tetrachloride
- 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.
- 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)
- 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.
- 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.
- 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
- 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:
- 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.
- 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.
- 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.
- 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.
- 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.
- As of 1 January 1996, each
Party shall endeavour to ensure that:
- (a) 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;
(b) 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
(c) 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.
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
- 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.
- 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.
- 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.
- 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.
- 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 exceed that limit by up to fifteen per cent of
its calculated level of production in 1991. 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.
- 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 3: Calculation of control
levels
For the purposes of Articles 2, 2A to
2H 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:
(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.
[The underlined
text printed below in Articles 4, 4A and 4B derives from the
Amendment adopted by the Parties at the Ninth Conference of the Parties (the
"Montreal Amendment"). At the date of printing, this Amendment is not in force.
It will enter into force, only for those Parties which ratify it, on 1 January
1999, subject to the conditions set out on page U3.]
Article 4: Control
of trade with non-Parties
- 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.
- 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.
- 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.
- 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.
- 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 and B, Group II of Annex C
and Annex E.
- 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 and B, Group II of
Annex C and AnnexáE.
- 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 and B, Group II of Annex C and Annex E.
- 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 2E, Articles 2G and 2H and this
Article, and have submitted data to that effect as specified in Article
7.
- 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.
- 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
- 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.
- 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
- 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.
- 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.
- 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.
- 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
- 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:
- (a) 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;
(b) 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
(c) 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.
- 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.
- 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:
- (a) 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.
(b) 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.
(c) 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.
(d) 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.
- If a Party operating under
paragraph 1 of this Article, at any time before the control measures
obligations in Articles 2A to 2H 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.
- 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 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.
- 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,
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.
- 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.
- 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:
- (a) 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;
(b) 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:
- (a) 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;
(b) 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;
(c) Each Party
operating under paragraph 1 of this Article shall comply with
Article 2G;
(d) 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.
- 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 2H 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
- 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.
- Each Party shall provide to
the Secretariat statistical data on its production, imports and exports
of each of the controlled substances
- û in Annexes B and
C, for the year 1989;
û 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.
- 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,
- û Amounts used for
feedstocks,
û Amounts destroyed by
technologies approved by the Parties, and
û 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. 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.
- 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
- 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:
- (a) best
technologies for improving the containment, recovery,
recycling, or destruction of controlled substances or
otherwise reducing their emissions;
(b) possible
alternatives to controlled substances, to products containing
such substances, and to products manufactured with them; and
(c) costs and
benefits of relevant control strategies.
- 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.
- 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
- 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 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.
- The mechanism established
under paragraph 1 shall include a Multilateral Fund. It may also
include other means of multilateral, regional and bilateral
co-operation.
- The Multilateral Fund shall:
- The Multilateral Fund shall
operate under the authority of the Parties who shall decide on its
overall policies.
- 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.
- 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:
- 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.
- Resources under the
Multilateral Fund shall be disbursed with the concurrence of the
beneficiary Party.
- 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.
- 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:
Article 11:
Meetings of the parties
- 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.
- 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.
- The Parties, at their first
meeting, shall:
- (a) adopt by
consensus rules of procedure for their meetings;
(b) adopt by consensus
the financial rules referred to in paragraph 2 of Article
13;
(c) establish the
panels and determine the terms of reference referred to in
Article 6;
(d) consider and
approve the procedures and institutional mechanisms specified
in Article 8; and
(e) begin
preparation of workplans pursuant to paragraph 3 of Article
10.
[The Article 10 in question is that of the
original Protocol adopted in 1987.]
- The functions of the
meetings of the Parties shall be to:
- (a) review the
implementation of this Protocol;
(b) decide on any
adjustments or reductions referred to in paragraph 9 of
Article 2;
(c) 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;
(d) establish,
where necessary, guidelines or procedures for reporting of
information as provided for in Article 7 and paragraph 3 of
Article 9;
(e) review requests
for technical assistance submitted pursuant to paragraph 2 of
Article 10;
(f) review reports
prepared by the secretariat pursuant to subparagraph (c) of
Article 12;
(g) assess, in
accordance with Article 6, the control measures;
(h) consider and
adopt, as required, proposals for amendment of this Protocol
or any annex and for any new annex;
(i) consider and
adopt the budget for implementing this Protocol; and
(j) consider and
undertake any additional action that may be required for the
achievement of the purposes of this Protocol.
- 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:
- (a) arrange for and service
meetings of the Parties as provided for in Article 11;
(b) receive and make available,
upon request by a Party, data provided pursuant to Article 7;
(c) prepare and distribute
regularly to the Parties reports based on information received pursuant
to Articles 7 and 9;
(d) notify the Parties of any
request for technical assistance received pursuant to Article 10 so as
to facilitate the provision of such assistance;
(e) encourage non-Parties to
attend the meetings of the Parties as observers and to act in
accordance with the provisions of this Protocol;
(f) provide, as appropriate,
the information and requests referred to in subparagraphs (c) and (d)
to such non-party observers; and
(g) 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
- 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.
- 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
- 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.
- 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.
- 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 2H 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 |
0.01û0.04 |
C2HF2Cl3 |
(HCFC-122) |
3 |
0.02û0.08 |
C2HF3Cl2 |
(HCFC-123) |
3 |
0.02û0.06 |
CHCl2CF3 |
(HCFC-123)** |
û |
0.02 |
C2HF4Cl |
(HCFC-124) |
2 |
0.02û0.04 |
CHFClCF3 |
(HCFC-124)** |
û |
0.022 |
C2H2FCl3 |
(HCFC-131) |
3 |
0.007û0.05 |
C2H2F2Cl2 |
(HCFC-132) |
4 |
0.008û0.05 |
C2H2F3Cl |
(HCFC-133) |
3 |
0.02û0.06 |
C2H3FCl2 |
(HCFC-141) |
3 |
0.005û0.07 |
CH3CFCl2 |
(HCFC-141b)** |
û |
0.11 |
C2H3F2Cl |
(HCFC-142) |
3 |
0.008û0.07 |
CH3CF2Cl |
(HCFC-142b)** |
û |
0.065 |
C2H4FCl |
(HCFC-151) |
2 |
0.003û0.005 |
C3HFCl6 |
(HCFC-221) |
5 |
0.015û0.07 |
C3HF2Cl5 |
(HCFC-222) |
9 |
0.01û0.09 |
C3HF3Cl4 |
(HCFC-223) |
12 |
0.01û0.08 |
C3HF4Cl3 |
(HCFC-224) |
12 |
0.01û0.09 |
C3HF5Cl2 |
(HCFC-225) |
9 |
0.02û0.07 |
CF3CF2CHCl2 |
(HCFC-225ca)** |
û |
0.025 |
CF2ClCF2CHClF |
(HCFC-225cb)** |
û |
0.033 |
C3HF6Cl |
(HCFC-226) |
5 |
0.02û0.10 |
C3H2FCl5 |
(HCFC-231) |
9 |
0.05û0.09 |
C3H2F2Cl4 |
(HCFC-232) |
16 |
0.008û0.10 |
C3H2F3Cl3 |
(HCFC-233) |
18 |
0.007û0.23 |
C3H2F4Cl2 |
(HCFC-234) |
16 |
0.01û0.28 |
C3H2F5Cl |
(HCFC-235) |
9 |
0.03û0.52 |
C3H3FCl4 |
(HCFC-241) |
12 |
0.004û0.09 |
C3H3F2Cl3 |
(HCFC-242) |
18 |
0.005û0.13 |
C3H3F3Cl2 |
(HCFC-243) |
18 |
0.007û0.12 |
C3H3F4Cl |
(HCFC-244) |
12 |
0.009û0.14 |
C3H4FCl3 |
(HCFC-251) |
12 |
0.001û0.01 |
C3H4F2Cl2 |
(HCFC-252) |
16 |
0.005û0.04 |
C3H4F3Cl |
(HCFC-253) |
12 |
0.003û0.03 |
C3H5FCl2 |
(HCFC-261) |
9 |
0.002û0.02 |
C3H5F2Cl |
(HCFC-262) |
9 |
0.002û0.02 |
C3H6FCl |
(HCFC-271) |
5 |
0.001û0.03 |
Group
II |
|
|
|
CHFBr2 |
|
1 |
1.00 |
CHF2Br |
(HBFC-22B1) |
1 |
0.74 |
CH2FBr |
|
1 |
0.73 |
C2HFBr4 |
|
2 |
0.3û0.8 |
C2HF2Br3 |
|
3 |
0.5û1.8 |
C2HF3Br2 |
|
3 |
0.4û1.6 |
C2HF4Br |
|
2 |
0.7û1.2 |
C2H2FBr3 |
|
3 |
0.1û1.1 |
C2H2F2Br2 |
|
4 |
0.2û1.5 |
C2H2F3Br |
|
3 |
0.7û1.6 |
C2H3FBr2 |
|
3 |
0.1û1.7 |
C2H3F2Br |
|
3 |
0.2û1.1 |
C2H4FBr |
|
2 |
0.07û0.1 |
C3HFBr6 |
|
5 |
0.3û1.5 |
C3HF2Br5 |
|
9 |
0.2û1.9 |
C3HF3Br4 |
|
12 |
0.3û1.8 |
C3HF4Br3 |
|
12 |
0.5û2.2 |
C3HF5Br2 |
|
9 |
0.9û2.0 |
C3HF6Br |
|
5 |
0.7û3.3 |
C3H2FBr5 |
|
9 |
0.1û1.9 |
C3H2F2Br4 |
|
16 |
0.2û2.1 |
C3H2F3Br3 |
|
18 |
0.2û5.6 |
C3H2F4Br2 |
|
16 |
0.3û7.5 |
C3H2F5Br |
|
8 |
0.9û1.4 |
C3H3FBr4 |
|
12 |
0.08û1.9 |
C3H3F2Br3 |
|
18 |
0.1û3.1 |
C3H3F3Br2 |
|
18 |
0.1û2.5 |
C3H3F4Br |
|
12 |
0.3û4.4 |
C3H4FBr3 |
|
12 |
0.03û0.3 |
C3H4F2Br2 |
|
16 |
0.1û1.0 |
C3H4F3Br |
|
12 |
0.07û0.8 |
C3H5FBr2 |
|
9 |
0.04û0.4 |
C3H5F2Br |
|
9 |
0.07û0.8 |
C3H6FBr |
|
5 |
0.02û0.7 |
* 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 |