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Annex V
AMENDMENT TO THE MONTREAL
PROTOCOL ON SUBSTANCES THAT
DEPLETE THE OZONE LAYER
Article 1: Amendment
A. Article 2, paragraph 5
In paragraph 5 of Article 2 of the
Protocol, for the words:
Articles 2A to 2E
there shall be substituted:
Articles 2A to 2F
B. Article 2, paragraphs 8(a) and 11
In paragraphs 8(a) and 11 of Article 2 of
the Protocol, for the words:
Articles 2A to 2H
there shall be substituted:
Articles 2A to 2I
C. Article 2F, paragraph 8
The following paragraph shall be added
after paragraph 7 of Article 2F of the Protocol:
Each Party producing one or more of
these substances shall ensure that for the twelve-month period
commencing on 1 January 2004, and in each twelve-month period
thereafter, its calculated level of production of the controlled
substances in Group I of Annex C does not exceed, annually, the
average of:
(a) The sum of its
calculated level of consumption in 1989 of the controlled
substances in
Group I of Annex C
and two point eight per cent of its calculated level of
consumption
in 1989 of the
controlled substances in Group I of Annex A; and
(b) The sum of
its calculated level of production in 1989 of the controlled
substances
in Group I of Annex C
and two point eight per cent of its calculated level of
production
in 1989 of the
controlled substances in Group I of Annex A.
However, in order to satisfy the basic domestic needs of the
Parties operating under paragraph 1 of Article 5, its calculated
level of production may exceed that limit by up to fifteen per
cent of its calculated level of production of the controlled
substances in Group I of Annex C as defined above.
D. Article 2I
The following Article shall be inserted
after Article 2H of the Protocol:
Article 2I: Bromochloromethane
Each Party shall ensure that for the
twelve-month period commencing on 1 January 2002, and in each
twelve-month period thereafter, its calculated level of consumption
and production of the controlled substance in Group III of Annex C
does not exceed zero. This paragraph will apply save to the extent
that the Parties decide to permit the level of production or
consumption that is necessary to satisfy uses agreed by them to be
essential.
E. Article 3
In Article 3 of the Protocol, for the
words:
Articles 2, 2A to 2H
there shall be substituted:
Articles 2, 2A to 2I
F. Article 4, paragraphs 1 quin. and 1
sex.
The following paragraphs shall be added to
Article 4 of the Protocol after paragraph 1 qua:
1 quin.
As of 1 January 2004, each Party shall ban the import of the
controlled substances
in Group I of Annex C from any State not party to this Protocol.
1 sex. Within one year of the date
of entry into force of this paragraph, each Party shall ban
the import of the controlled substance in Group III of Annex C
from any State not
party to this Protocol.
G. Article 4, paragraphs 2 quin. and 2
sex.
The following paragraphs shall be added to
Article 4 of the Protocol after paragraph 2 qua:
2 quin. As of
1 January 2004, each Party shall ban the export of the controlled
substances
in Group I of Annex C to any State not party to this Protocol.
2 sex. Within one year of the date
of entry into force of this paragraph, each Party shall ban
the export of the controlled substance in Group III of Annex C to
any State not party
to this Protocol.
H. Article 4, paragraphs 5 to 7
In paragraphs 5 to 7 of Article 4 of the
Protocol, for the words:
Annexes A and B, Group II of Annex C
and Annex E
there shall be substituted:
Annexes A, B, C and E
I. Article 4, paragraph 8
In paragraph 8 of Article 4 of the
Protocol, for the words:
Articles 2A to 2E, Articles 2G and 2H
there shall be substituted:
Articles 2A to 2I
J. Article 5, paragraph 4
In paragraph 4 of Article 5 of the
Protocol, for the words:
Articles 2A to 2H
there shall be substituted:
Articles 2A to 2I
K. Article 5, paragraphs 5 and 6
In paragraphs 5 and 6 of Article 5 of the
Protocol, for the words:
Articles 2A to 2E
there shall be substituted:
Articles 2A to 2E and Article 2I
L. Article 5, paragraph 8 ter (a)
The following sentence shall be added at
the end of subparagraph 8 ter (a) of Article 5 of the Protocol:
As of 1 January 2016 each Party
operating under paragraph 1 of this Article shall comply with the
control measures set out in paragraph 8 of Article 2F and, as the
basis for its compliance with these control measures, it shall use the
average of its calculated levels of production and consumption in
2015;
M. Article 6
In Article 6 of the Protocol, for the
words:
Articles 2A to 2H
there shall be substituted:
Articles 2A to 2I
N. Article 7, paragraph 2
In paragraph 2 of Article 7 of the
Protocol, for the words:
Annexes B and C
there shall be substituted:
Annex B and Groups I and II of Annex C
O. Article 7, paragraph 3
The following sentence shall be added
after the first sentence of paragraph 3 of Article 7 of the Protocol:
Each Party shall provide to the
Secretariat statistical data on the annual amount of the
controlled substance listed in Annex E used for quarantine and
pre-shipment applications.
P. Article 10
In paragraph 1 of Article 10 of the
Protocol, for the words:
Articles 2A to 2E
there shall be substituted:
Articles 2A to 2E and Article 2I
Q. Article 17
In Article 17 of the Protocol, for the
words:
Articles 2A to 2H
there shall be substituted:
Articles 2A to 2I
R. Annex C
The following group shall be added to
Annex C to the Protocol:
Group Substance Number of Isomers
Ozone-Depleting
Potential
Group III
CH2BrCl bromochloromethane 1
0.12
Article 2: Relationship to the 1997
Amendment
No State or regional economic integration
organization may deposit an instrument of ratification, acceptance or
approval of or accession to this Amendment unless it has previously, or
simultaneously, deposited such an instrument to the Amendment adopted at
the Ninth Meeting of the Parties in Montreal, 17 September 1997.
Article 3: Entry into force
1. This Amendment shall enter into force on
1 January 2001, 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 on Substances that Deplete the Ozone Layer. In the event
that this condition has not been fulfilled by that date, the Amendment
shall enter into force on the ninetieth day following the date on which it
has been fulfilled.
2. For the purposes of paragraph 1, any
such instrument deposited by a regional economic integration organization
shall not be counted as additional to those deposited by member States of
such organization.
3. After the entry into force of this
Amendment, as provided under paragraph 1, it shall enter into force for
any other Party to the Protocol on the ninetieth day following the date of
deposit of its instrument of ratification, acceptance or approval.
Source: UNEP
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