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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:
(a) whether any substances, and if so which, should be added to or
removed from any annex to this Protocol, and
(b) the mechanism, scope and timing of the control measures that
should apply to those substances;
- 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:
(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.
[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:
(a) Meet, on a grant or concessional basis as appropriate, and
according to criteria to be decided upon by the Parties, the agreed
incremental costs;
(b) 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.
- 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:
(a) Strictly relates to compliance with the provisions of this
Protocol;
(b) Provides additional resources; and
(c) Meets agreed incremental costs.
- 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:
(a) that the best available, environmentally safe substitutes and
related technologies are expeditiously transferred to Parties operating
under paragraph 1 of Article 5; and
(b) that the transfers referred to in subparagraph (a) occur under
fair and most favourable conditions.
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 |
C3H2F4Br | |