AMENDMENT TO THE MONTREAL PROTOCOL ON SUBSTANCES
THAT DEPLETE THE OZONE LAYER
COPENHAGEN, 1992
TEXT OF THE AMENDMENT
=====================
ARTICLE 1: AMENDMENT
A. Article 1, paragraph 4
--------------------------
In paragraph 4 of Article 1 of the Protocol, for the words:
or in Annex B
there shall be substituted:
, Annex B, Annex C or Annex E
B. Article 1, paragraph 9
--------------------------
Paragraph 9 of Article 1 of the Protocol shall be deleted.
C. Article 2, paragraph 5
--------------------------
In paragraph 5 of Article 2 of the Protocol, after the words:
Articles 2A to 2E
there shall be added:
and Article 2H
D. Article 2, paragraph 5 bis
------------------------------
The following paragraph shall be inserted after paragraph
5 of Article 2 of the Protocol:
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.
E. 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 2E
there shall be substituted each time they occur:
Articles 2A to 2H
F. Article 2, paragraph 9(a)(i)
--------------------------------
In paragraph 9(a)(i) of Article 2 of the Protocol, for the words:
and/or Annex B
there shall be substituted:
, Annex B, Annex C and/or Annex E
G. Article 2F: Hydrochlorofluorocarbons
-----------------------------------------
The following Article shall be inserted after Article 2E of the
Protocol:
Article 2F: Hydrochlorofluorocarbons
1. Each Party shall ensure that for the twelve-month
period commencing on 1 January 1996, and in each twelve-
month period thereafter, its calculated level of
consumption of the controlled substances in Group I of
Annex C does not exceed, annually, the sum of:
(a) Three point one per cent of its calculated level
of consumption in 1989 of the controlled substances in
Group I of Annex A; and
(b) Its calculated level of consumption in 1989 of
the controlled substances in Group I of Annex C.
2. Each Party shall ensure that for the twelve-month
period commencing on 1 January 2004, and in each twelve-
month period thereafter, its calculated level of
consumption of the controlled substances in Group I of
Annex C does not exceed, annually, sixty-five per cent of
the sum referred to in paragraph 1 of this Article.
3. Each Party shall ensure that for the twelve-month
period commencing on 1 January 2010, and in each twelve-
month period thereafter, its calculated level of
consumption of the controlled substances in Group I of
Annex C does not exceed, annually, thirty-five per cent of
the sum referred to in paragraph 1 of this Article.
4. Each Party shall ensure that for the twelve-month
period commencing on 1 January 2015, and in each twelve-
month period thereafter, its calculated level of
consumption of the controlled substances in Group I of
Annex C does not exceed, annually, ten per cent of the sum
referred to in paragraph 1 of this Article.
5. Each Party shall ensure that for the twelve-month
period commencing on 1 January 2020, and in each twelve-
month period thereafter, its calculated level of
consumption of the controlled substances in Group I of
Annex C does not exceed, annually, zero point five per cent
of the sum referred to in paragraph 1 of this Article.
6. Each Party shall ensure that for the twelve-month
period commencing on 1 January 2030, and in each twelve-
month period thereafter, its calculated level of
consumption of the controlled substances in Group I of
Annex C does not exceed zero.
7. As of 1 January 1996, each Party shall endeavour to
ensure that:
(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.
H. Article 2G: Hydrobromofluorocarbons
----------------------------------------
The following Article shall be inserted after Article 2F of the
Protocol:
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.
I. Article 2H: Methyl Bromide
-------------------------------
The following Article shall be inserted after Article 2G of
the Protocol:
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 periods, 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. 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.
J. Article 3
-------------
In Article 3 of the Protocol, for the words:
2A to 2E
there shall be substituted:
2A to 2H
and for the words
or Annex B
there shall be substituted each time they occur:
, Annex B, Annex C or Annex E
K. Article 4, paragraph 1 ter
------------------------------
The following paragraph shall be inserted after paragraph 1 bis
of Article 4 of the 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.
L. Article 4, paragraph 2 ter
------------------------------
The following paragraph shall be inserted after paragraph 2 bis
of Article 4 of the 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.
M. Article 4, paragraph 3 ter
------------------------------
The following paragraph shall be inserted after paragraph 3 bis
of Article 4 of the 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.
N. Article 4, paragraph 4 ter
------------------------------
The following paragraph shall be inserted after paragraph 4 bis
of Article 4 of the Protocol:
4 ter. Within five years of the date of entry into force
of this paragraph, the Parties shall determine 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.
O. Article 4, paragraphs 5, 6 and 7
------------------------------------
In paragraphs 5, 6 and 7 of Article 4 of the Protocol, for the
words:
controlled substances
there shall be substituted:
controlled substances in Annexes A and B and Group II of
Annex C
P. Article 4, paragraph 8
--------------------------
In paragraph 8 of Article 4 of the Protocol, for the words:
referred to in paragraphs 1, 1 bis, 3, 3 bis, 4 and 4 bis
and exports referred to in paragraphs 2 and 2 bis
there shall be substituted:
and exports referred to in paragraphs 1 to 4 ter of this
Article
and after the words:
Articles 2A to 2E
there shall be added:
, Article 2G
Q. Article 4, paragraph 10
---------------------------
The following paragraph shall be inserted after paragraph 9 of
Article 4 of the Protocol:
10. By 1 January 1996, the Parties shall consider whether
to amend this Protocol in order to extend the measures in
this Article to trade in controlled substances in Group I
of Annex C and in Annex E with States not party to the
Protocol.
R. Article 5, paragraph 1
--------------------------
The following words shall be added at the end of paragraph 1 of
Article 5 of the Protocol:
, provided that any further amendments to the adjustments
or Amendments 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.
S. Article 5, paragraph 1 bis
------------------------------
The following paragraph shall be added after paragraph 1 of
Article 5 of the Protocol:
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.
T. Article 5, paragraph 4
--------------------------
In paragraph 4 of Article 5 of the Protocol, for the words:
Articles 2A to 2E
there shall be substituted:
Articles 2A to 2H
U. Article 5, paragraph 5
--------------------------
In paragraph 5 of Article 5 of the Protocol, after the words:
set out in Articles 2A to 2E
there shall be added:
, and any control measures in Articles 2F to 2H that are
decided pursuant to paragraph 1 bis of this Article,
V. Article 5, paragraph 6
--------------------------
In paragraph 6 of Article 5 of the Protocol, after the words:
obligations laid down in Articles 2A to 2E
there shall be added:
, or any or all obligations in Articles 2F to 2H that are
decided pursuant to paragraph 1 bis of this Article,
W. Article 6
-------------
The following words shall be deleted from Article 6 of the
Protocol:
Articles 2A to 2E, and the situation regarding production,
imports and exports of the transitional substances in Group
I of Annex C
and replaced by
Articles 2A to 2H
X. Article 7, paragraphs 2 and 3
---------------------------------
Paragraphs 2 and 3 of Article 7 of the Protocol shall be replaced
by the following:
2. Each Party shall provide to the Secretariat
statistical data on its production, imports and exports of
each of the controlled substances
- in Annexes B and C, for the year 1989;
- in Annex E, for the year 1991,
or the best possible estimates of such data where actual
data are not available, not later than three months after
the date when the provisions set out in the Protocol with
regard to the substances in Annexes B, C and E respectively
enter into force for that Party.
3. Each Party shall provide to the Secretariat
statistical data on its annual production (as defined in
paragraph 5 of Article 1) of each of the controlled
substances listed in Annexes A, B, C and E and, separately,
for each substance,
- Amounts used for feedstocks,
- Amounts destroyed by technologies approved by the
Parties, and
- Imports from and exports to Parties and non-
Parties respectively,
for the year during which provisions concerning the
substances in Annexes A B, C and E respectively entered
into force for that Party and for each year thereafter.
Data shall be forwarded not later than nine months after
the end of the year to which the data relate.
Y. Article 7, paragraph 3 bis
------------------------------
The following paragraph shall be inserted after paragraph 3 of
Article 7 of the Protocol:
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.
Z. Article 7, paragraph 4
--------------------------
In paragraph 4 of Article 7 of the Protocol, for the words:
in paragraphs 1, 2 and 3
there shall be substituted:
in paragraphs 1, 2, 3 and 3 bis
AA. Article 9, paragraph 1 (a)
-------------------------------
The following words shall be deleted from paragraph 1 (a) of
Article 9 of the Protocol:
and transitional
BB. Article 10, paragraph 1
----------------------------
In paragraph 1 of Article 10 of the Protocol, after the words:
Articles 2A to 2E
there shall be added:
, and any control measures in Articles 2F to 2H that are
decided pursuant to paragraph 1 bis of Article 5.
CC. Article 11, paragraph 4 (g)
--------------------------------
The following words shall be deleted from paragraph 4 (g) of
Article ll of the Protocol:
and the situation regarding transitional substances
DD. Article 17
---------------
In Article 17 of the Protocol, for the words:
Articles 2A to 2E
there shall be substituted:
Articles 2A to 2H
EE. Annexes
------------
1. Annex C
The following annex shall replace Annex C of the Protocol:
Annex C
Controlled substances
____________________________________________________________________
Group Substance Number of Ozone Depleting
Isomers Potential*
____________________________________________________________________
Group I
CHFCl2 (HCFC-21)** 1 0.04
CHF2Cl (HCFC-22)** 1 0.055
CH2FCl (HCFC-31) 1 0.02
C2HFCl4 (HCFC-121) 2 0.01 - 0.04
C2HF2Cl3 (HCFC-122) 3 0.02 - 0.08
C2HF3Cl2 (HCFC-123) 3 0.02 - 0.06
CHCl2CF3 (HCFC-123)** - 0.02
C2HF4Cl (HCFC-124) 2 0.02 - 0.04
CHFClCF3 (HCFC-124)** - 0.022
C2H2FCl3 (HCFC-131) 3 0.007 - 0.05
C2H2F2Cl2 (HCFC-132) 4 0.008 - 0.05
C2H2F3Cl (HCFC-133) 3 0.02 - 0.06
C2H3FCl2 (HCFC-141) 3 0.005 - 0.07
CH3CFCl2 (HCFC-141b)** - 0.11
C2H3F2Cl (HCFC-142) 3 0.008 - 0.07
CH3CF2Cl (HCFC-142b)** - 0.065
C2H4FCl (HCFC-151) 2 0.003 - 0.005
C3HFCl6 (HCFC-221) 5 0.015 - 0.07
C3HF2Cl5 (HCFC-222) 9 0.01 - 0.09
C3HF3Cl4 (HCFC-223) 12 0.01 - 0.08
C3HF4Cl3 (HCFC-224) 12 0.01 - 0.09
C3HF5Cl2 (HCFC-225) 9 0.02 - 0.07
CF3CF2CHCl2 (HCFC-225ca)** - 0.025
CF2ClCF2CHClF (HCFC-225cb)** - 0.033
C3HF6Cl (HCFC-226) 5 0.02 - 0.10
C3H2FCl5 (HCFC-231) 9 0.05 - 0.09
C3H2F2Cl4 (HCFC-232) 16 0.008 - 0.10
C3H2F3Cl3 (HCFC-233) 18 0.007 - 0.23
C3H2F4Cl2 (HCFC-234) 16 0.01 - 0.28
C3H2F5Cl (HCFC-235) 9 0.03 - 0.52
C3H3FCl4 (HCFC-241) 12 0.004 - 0.09
C3H3F2Cl3 (HCFC-242) 18 0.005 - 0.13
C3H3F3Cl2 (HCFC-243) 18 0.007 - 0.12
C3H3F4Cl (HCFC-244) 12 0.009 - 0.14
C3H4FCl3 (HCFC-251) 12 0.001 - 0.01
C3H4F2Cl2 (HCFC-252) 16 0.005 - 0.04
C3H4F3Cl (HCFC-253) 12 0.003 - 0.03
C3H5FCl2 (HCFC-261) 9 0.002 - 0.02
C3H5F2Cl (HCFC-262) 9 0.002 - 0.02
C3H6FCl (HCFC-271) 5 0.001 - 0.03
_______________________________________________________________________
Group II
CHFBr2 1 1.00
CHF2Br (HBFC-22B1) 1 0.74
CH2FBr 1 0.73
C2HFBr4 2 0.3 - 0.8
C2HF2Br3 3 0.5 - l.8
C2HF3Br2 3 0.4 - 1.6
C2HF4Br 2 0.7 - 1.2
C2H2FBr3 3 0.1 - 1.1
C2H2F2Br2 4 0.2 - 1.5
C2H2F3Br 3 0.7 - 1.6
C2H3FBr2 3 0.1 - 1.7
C2H3F2Br 3 0.2 - 1.1
C2H4FBr 2 0.07 - 0.1
C3HFBr6 5 0.3 - 1.5
C3HF2Br5 9 0.2 - 1.9
C3HF3Br4 12 0.3 - 1.8
C3HF4Br3 12 0.5 - 2.2
C3HF5Br2 9 0.9 - 2.0
C3HF6Br 5 0.7 - 3.3
C3H2FBr5 9 0.1 - 1.9
C3H2F2Br4 16 0.2 - 2.1
C3H2F3Br3 18 0.2 - 5.6
C3H2F4Br2 16 0.3 - 7.5
C3H2F5Br 8 0.9 - 14
C3H3FBr4 12 0.08 - 1.9
C3H3F2Br3 18 0.1 - 3.1
C3H3F3Br2 18 0.1 - 2.5
C3H3F4Br 12 0.3 - 4.4
C3H4FBr3 12 0.03 - 0.3
C3H4F2Br2 16 0.1 - 1.0
C3H4F3Br 12 0.07 - 0.8
C3H5FBr2 9 0.04 - 0.4
C3H5F2Br 9 0.07 - 0.8
C3H6FBr 5 0.02 - 0.7
____________________________________________________________________
* 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.
2. Annex E
The following annex shall be added to the Protocol:
Annex E
Controlled substances
____________________________________________________________________
Group Substance Ozone-Depleting
Potential
____________________________________________________________________
Group I
CH3Br methyl bromide 0.7
ARTICLE 2: RELATIONSHIP TO THE 1990 AMENDMENT
No State or regional economic integration organization may deposit
an instrument of ratification, acceptance, approval or accession to
this Amendment unless it has previously, or simultaneously, deposited
such an instrument to the Amendment adopted at the Second Meeting of
the Parties in London, 29 June 1990.
ARTICLE 3: ENTRY INTO FORCE
1. This Amendment shall enter into force on 1 January 1994, 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.