ADJUSTMENTS AND AMENDMENT TO THE MONTREAL PROTOCOL  
ON SUBSTANCES THAT DEPLETE THE OZONE LAYER 
(London 23 June 1990) 

ADJUSTMENTS TO THE MONTREAL PROTOCOL ON SUBSTANCES THAT  
DEPLETE THE OZONE LAYER 

The Second Meeting of the Parties to the Montreal  
Protocol on Substances that Deplete the Ozone Layer  
decides, 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 Annex A to the Protocol, as  
follows, with the understanding that: 

(a) References in Article 2 to "this Article" and  
throughout the Protocol to "Article 2" shall be  
interpreted as references to Articles 2, 2A and 2B; 

(b) References throughout the Protocol to "paragraphs 1  
to 4 of Article 2" shall be interpreted as references to  
Articles 2A and 2B; and 

(c) The reference in paragraph 5 of Article 2 to  
"paragraphs 1, 3 and 4" shall be interpreted as a  
reference to Article 2A. 

A. Article 2A: CFCs 

Paragraph 1 of Article 2 of the Protocol shall become  
paragraph 1 of Article 2A, which shall be entitled  
"Article 2A: CFCs".  

Paragraphs 3 and 4 of Article 2 shall be replaced by the  
following paragraphs, which shall be numbered paragraphs  
2 to 6 of Article 2A: 

2.Each Party shall ensure that for the period from 1  
July 1991 to 31 December 1992 its calculated levels of  
consumption and production of the controlled substances  
in Group I of Annex A do not exceed 150 per cent of its  
calculated levels of production and consumption of those  
substances in 1986; with effect from 1 January 1993, the  
twelve-month control period for these controlled  
substances shall run from 1 January to 31 December each  
year. 

3. Each Party shall ensure that for the twelve-month  
period thereafter, its calculated level of consumption  
of the controlled substances in Group I of Annex A does  
not exceed, annually, fifty 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, fifty per cent of  
its calculated level of production in 1986. However, in  
order to satisfy the basic domestic needs of the Parties  
operating under paragraph 1 of Article 5, its calculated  
level of production may exceed that limit by up to ten  
per cent of its calculated level of production in 1986. 

4. Each Party shall ensure that for the twelve-month  
period commencing on 1 January 1997, 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, fifteen 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,  
fifteen 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. 

5. Each Party shall ensure that for the twelve-month  
period commencing on 1 January 2000, 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. 

6. In 1992, the Parties will review the situation with  
the objective of accelerating the reduction schedule. 

B. Article 2B: Halons 

Paragraph 2 of Article 2 of the Protocol shall be  
replaced by the following paragraphs, which shall be  
numbered paragraphs 1 to 4 of Article 2B: 

Article 2B: Halons 

1. Each Party shall ensure that for the twelve-month  
period commencing on 1 January 1992, and in each twelve- 
month period thereafter, its calculated level of  
consumption of the controlled substances in Group II of  
Annex A does not exceed, annually, its calculated level  
of consumption in 1986. Each Party producing one or more  
of these substances shall, for the same period ensure  
that its calculated level of production of the  
substances does not exceed, annually, its calculated  
level of production in 1986. However, in order to  
satisfy the basic domestic needs of the Parties  
operating under paragraph 1 of Article 5, its calculated  
level of production may exceed that limit by up to ten  
per cent of its calculated level of production in 1986. 

2. Each Party shall ensure that for the twelve-month  
period commencing on 1 January 1995, 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, fifty 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,  
fifty per cent of its calculated level of production in  
1986. However, in order to satisfy the basic domestic  
needs of these 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. 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 essential uses for which no adequate  
alternatives are available. 

3. Each Party shall ensure that for the twelve-month  
period commencing on 1 January 2000, 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 these 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  
essential uses for which no adequate alternatives are  
available. 

4. By 1 January 1993, the Parties shall adopt a decision  
identifying essential uses, if any, for the purposes of  
paragraphs 2 and 3 of this Article. Such decision shall  
be reviewed by the Parties at their subsequent meetings. 

AMENDMENT TO THE MONTREAL PROTOCOL ON SUBSTANCES THAT  
DEPLETE THE OZONE LAYER 

Article 1: Amendment 

A. Preambular paragraphs 


1. The 6th preambular paragraph of the Protocol shall be  
replaced by the following: "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," 

2. The 7th preambular paragraph of the Protocol shall be  
replaced by the following: 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, 

3. The 9th preambular paragraph of the Protocol shall be  
replaced by the following: 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, 

B. Article 1: Definitions 

1. Paragraph 4 of Article 1 of the Protocol shall be  
replaced by the following paragraph: 

4. "Controlled substance" means a substance in Annex A  
or in Annex B 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. 

2. Paragraph 5 of Article 1 of the Protocol shall be  
replaced by the following paragraph: 

5. "Production" means the amount of controlled  
substances produced, minus the amount destroyed by  
technologies to be approved by the Parties and minus the  
amount entirely used as feedstock in the manufacture of  
other chemicals. The amount recycled and reused is not  
to be considered as "production". 

3. The following paragraph shall be added to Article 1  
of the Protocol: 

9. "Transitional substance" means a substance in Annex C  
to this Protocol, whether existing alone or in a  
mixture. It includes the isomers of any such substance,  
except as may be specified in Annex C, but excludes any  
transitional substance or mixture which is in a  
manufactured product other than a container used for the  
transportation or storage of that substance. 

C. Article 2, Paragraph 5 

Paragraph 5 of Article 2 of the Protocol shall be  
replaced by the following paragraph: 

5. Any Party may, for any one or more control periods,  
transfer to another Party any portion of its calculated  
level of production set out in Articles 2A to 2E,  
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. 

D. Article 2, Paragraph 6 

The following words shall be inserted in paragraph 6 of  
Article 2 before the words "controlled substances" the  
first time they occur: 
Annex A or Annex B 

E. Article 2, Paragraph 8 (a) 

The following words shall be added after the words "this  
Article" wherever they appear in paragraph 8 (a) of  
Article 2 of the Protocol: 

and Articles 2A to 2E 

F. Article 2, paragraph 9 (a) (i) 

The following words shall be added after "Annex A" in  
paragraph 9 (a) (i) of Article 2 of the Protocol: 
and/or Annex B 

G. Article 2, Paragraph 9 (a) (ii) 

The following words shall be deleted from paragraph 9  
(a) (ii) of Article 2 of the Protocol: 

from 1986 levels 

H. Article 2, paragraph 9 (c) 

The following words shall be deleted from paragraph 9  
(c) of Article 2 of the Protocol: 

representing at least fifty per cent of the total  
consumption of the controlled substances of the Parties 
and  replaced  by: 

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 

I. Article 2, paragraph l0 (b)  

Paragraph 10 (b) of Article 2 of the Protocol shall be  
deleted, and paragraph 10 (a) of Article 2 shall become  
paragraph 10. 

J. Article 2, paragraph 11 

The following words shall be added after the words "this  
Article" wherever they occur in paragraph 11 of Article  
2 of the Protocol: and Articles 2A to 2E 

K. Article 2C: Other fully halogenated CFCs 
The following paragraphs shall be added to the Protocol  
as Article 2C: 

Article 2C: Other fully halogenated CFCs 

1. Each Party shall ensure that for the twelve-month  
period commencing on 1 January 1993, 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, eighty 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,  
eighty per cent of its calculated level of production in  
1989. However, in order to satisfy the basic domestic  
needs of the Parties operating under paragraph 1 of  
Article 5, its calculated level of production may exceed  
that limit by up to ten per cent of its calculated level  
of production in 1989. 

2. Each Party shall ensure that for the twelve-month  
period commencing on 1 January 1997, 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, fifteen percent 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,  
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. 

3. Each Party shall ensure that for the twelve-month  
period commencing on 1 January 2000, 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. 

L. Article 2D: Carbon tetrachloride 

The following paragraphs shall be added to the Protocol  
as Article 2D: 

Article 2D: Carbon tetrachloride 

1. Each Party shall ensure that for the twelve-month  
period commencing on 1 January 1995, and in each twelve- 
month period thereafter, its calculated level of  
consumption of the controlled substance in 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 periods,  
ensure that its calculated level of production of the  
substance does not exceed, annually, fifteen per cent of  
its calculated level of production in 1989. However, in  
order to satisfy the basic domestic needs of the Parties  
operating under paragraph 1 of Article 5, its calculated  
level of production may exceed that limit by up to ten  
per cent of its calculated level of production in 1989. 

2. Each Party shall ensure that for the twelve-month  
period commencing on 1 January 2000, 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. 

M. Article 2E: 1,1,1-trichloroethane (methyl chloroform) 

The following paragraphs shall be added to the Protocol  
as Article 2E: 

Article 2E: 1,1,1-trichloroethane (methyl chloroform) 

1. Each Party shall ensure that for the twelve-month  
period commencing on 1 January 1993, 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, 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, its calculated level of production in  
1989. However, in order to satisfy the basic domestic  
needs of the Parties operating under paragraph 1 of  
Article 5, its calculated level of production may exceed  
that limit by up to ten per cent of its calculated level  
of production in 1989. 

2. Each Party shall ensure that for the twelve-month  
period commencing on 1 January 1995, 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, seventy 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, seventy percent of  
its calculated level of consumption 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  
percent of its calculated level of production in 1989. 

3. Each Party shall ensure that for the twelve-month  
period commencing on 1 January 2000, 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, thirty 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, thirty per cent of  
its calculated level of production in 1989. However, in  
order to satisfy the basic domestic needs of 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. 

4. 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 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 in 1989. 

5. The Parties shall review, in 1992, the feasibility of  
a more rapid schedule of reductions than that set out in  
this Article. 

N. Article 3: Calculation of control levels 

1. The following shall be added after "Articles 2" in  
Article 3 of the Protocol: , 2A to 2E, 

2. The following words shall be added after "Annex A"  
each time it appears in Article 3 of the Protocol: or  
Annex B 

O. Article 4: Control of trade with non-Parties 

1. Paragraphs 1 to 5 of Article 4 shall be replaced by  
the following paragraphs: 

1. As of 1 January 1990, each Party shall ban the import  
of the controlled substances in Annex A from any State  
not party to this Protocol. 

1 bis. Within one year of the date of the entry into  
force of this paragraph, each Party shall ban the import  
of the controlled substances in Annex B from any State  
not party to this Protocol. 

2. As of 1 January 1993, each Party shall ban the export  
of any controlled substances in Annex A to any State not  
party to this Protocol. 

2 bis. Commencing one year after the date of entry into  
force of this paragraph, each Party shall ban the export  
of any controlled substances in Annex B to any State not  
party to this Protocol.  

3. By 1 January 1992, the Parties shall, following the  
procedures in Article 10 of the Convention, elaborate in  
an annex a list of products containing controlled  
substances in Annex A. Parties that have not objected to  
the annex in accordance with those procedures shall ban,  
within one year of the annex having become effective,  
the import of those products from any State not party to  
this Protocol. 

3 bis. Within three years of the date of the entry into  
force of this paragraph, the Parties shall, following  
the procedures in Article 10 of the Convention,  
elaborate in an annex a list of products containing  
controlled substances in Annex B. Parties that have not  
objected to the annex in accordance with those  
procedures shall ban, within one year of the annex  
having become effective, the import of those products  
from any State not party to this Protocol. 

4. By 1 January 1994, the Parties shall determine the  
feasibility of banning or restricting, from States not  
party to this Protocol, the import of products produced  
with, but not containing, controlled substances in Annex  
A. If determined feasible, the Parties shall, following  
the procedures in Article 10 of the Convention,  
elaborate in an annex a list of such products. Parties  
that have not objected to the annex in accordance with  
those procedures shall ban, within one year of the annex  
having become effective, the import of those products  
from any State not party to this Protocol. 

4 bis. Within five years of the date of the entry into  
force of this paragraph, the Parties shall determine the  
feasibility of banning or restricting, from States not  
party to this Protocol, the import of products produced  
with, but not containing, controlled substances in Annex  

B. If determined feasible, the Parties shall, following  
the procedures in Article 10 of the Convention,  
elaborate in an annex a list of such products. Parties  
that have not objected to the annex in accordance with  
those procedures shall ban or restrict, within one year  
of the annex having become effective, the import of  
those products from any State not party to this  
Protocol. 

5. Each Party undertakes to the fullest practicable  
extent to discourage the export to any State not party  
to this Protocol of technology for producing and for  
utilizing controlled substances.  

2. Paragraph 8 of Article 4 of the Protocol shall be  
replaced by the following paragraph: 

8. Notwithstanding the provisions of this Article,  
imports referred to in paragraphs 1, 1 bis, 3, 3 bis, 4  
and 4 bis, and exports referred to in paragraphs 2 and 2  
bis, 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, and this Article and have  
submitted data to that effect as specified in Article 7. 

3. The following paragraph shall be added to Article 4  
of the Protocol as paragraph 9: 

9. For the purposes of this Article, the term "State not  
Party to this Protocol" shall include, with respect to a  
particular controlled substance, a State or regional  
economic integration organization that has not agreed to  
be bound by the control measures in effect for that  
substance. 

P. Article 5: Special situation of developing countries 

Article 5 of the Protocol shall be replaced by the  
following: 

1. Any Party that is a developing country and whose  
annual calculated level of consumption of the controlled  
substances in Annex A is less than 0.3 kilograms per  
capita on the date of the entry into force of the  
Protocol for it, or any time thereafter until 1 January  
1999, shall in order to meet its basic domestic needs,  
be entitled to delay for ten years its compliance with  
the control measures set out in Articles 2A to 2E. 

2. However, any Party operating under paragraph 1 of  
this Article shall exceed neither an annual calculated  
level of consumption of the controlled substances in  
Annex A of 0.3 kilograms per capita nor an annual  
calculated level of consumption of the controlled  
substances of Annex B of 0.2 kilograms per capita. 

3. When implementing the control measures set out in  
Articles 2A to 2E, any Party operating under paragraph 1  
of this Article shall be entitled to use: 

(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; 

(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. 

4. If a Party operating under paragraph 1 of this  
Article, at any time before the control measures  
obligations in Articles 2A to 2E become applicable to  
it, finds itself unable to obtain an adequate supply of  
controlled substances, it may notify this to the  
Secretariat. The Secretariat shall forthwith transmit a  
copy of such notification to the Parties, which shall  
consider the matter at their next Meeting, and decide  
upon appropriate action to be taken. 

5. Developing the capacity to fulfill 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 their implementation by those same Parties  
will depend upon the effective implementation of the  
financial co-operation as provided by Article 10 and  
transfer of technology as provided by Article l0A. 

6. Any Party operating under paragraph 1 of this Article  
may, at any time, notify the Secretariat in writing  
that, having taken all practicable steps it is unable to  
implement any or all of the obligations laid down in  
Articles 2A to 2E due to the inadequate implementation  
of Articles 10 and l0A. The Secretariat shall forthwith  
transmit a copy of the notification to the Parties,  
which shall consider the matter at their next Meeting,  
giving due recognition to paragraph 5 of this Article  
and shall decide upon appropriate action to be taken. 

7. During the period between notification and the  
Meeting of the Parties at which the appropriate action  
referred to in paragraph 6 above is to be decided, or  
for a further period if the Meeting of the Parties so  
decides, the non-compliance procedures referred  
to in Article 8 shall not be invoked against the  
notifying Party.  

8. A Meeting of the Parties shall review, not later than  
1995, the situation of the Parties operating under  
paragraph 1 of this Article, including the effective  
implementation of financial co-operation and transfer of  
technology to them, and adopt such revisions that may be  
deemed necessary regarding the schedule  
of control measures applicable to those Parties. 

9. Decisions of the Parties referred to in paragraphs 4,  
6 and 7 of this Article shall be taken according to the  
same procedure applied to decision-making under Article  
10. 

Q. Article 6: Assessment and review of control measures 

The following words shall be added after "Article 2" in  
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. 

R. Article 7: Reporting of data 

1. Article 7 of the Protocol shall be replaced by the  
following: 1. Each Party shall provide to the  
Secretariat, within three months of becoming a Party,  
statistical data on its production, imports and exports  
of each of the controlled substances in Annex A for the  
year 1986, or the best possible estimates of such data  
where actual data are not available. 

2. Each Party shall provide to the Secretariat  
statistical data on its production, imports and exports  
of each of the controlled substances in Annex B and each  
of the transitional substances in Group I of Annex C,  
for the year 1989, 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  
Annex B enter into force for that Party. 

3. Each Party shall provide statistical data to the  
Secretariat on its annual production (as defined in  
paragraph 5 of Article 1), and, separately, 
- amounts used for feedstocks, 
- amounts destroyed by technologies approved by the  
Parties, 
- imports and exports to Parties and non-Parties  
respectively, 
of each of the controlled substances listed in Annexes A  
and B as well as of the transitional substances in Group  
I of Annex C, for the year during which provisions  
concerning the substances in Annex B 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. 

4. For Parties operating under the provisions of  
paragraph 8 (a) of Article 2, the requirements in  
paragraphs 1, 2 and 3 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. 

5. Article 9: Research, development, public awareness  
and exchange of information 

Paragraph 1 (a) of Article 9 of the Protocol shall be  
replaced by the following: 

(a) Best technologies for improving the containment,  
recovery, recycling, or destruction of controlled and  
transitional substances or otherwise reducing their  
emissions; 

T. Article 10: Financial mechanism 

Article 10 of the Protocol shall be replaced by the  
following:  

Article 10: Financial mechanism 

1. The Parties shall establish a mechanism for the  
purposes of providing financial and technical co- 
operation, including the transfer of technologies, to  
Parties operating under paragraph 1 of Article 5 of this  
Protocol to enable their compliance with the control  
measures set out in Articles 2A to 2E of the Protocol.  
The mechanism, contributions to which shall be  
additional to other financial transfers to Parties  
operating under that paragraph, shall meet all agreed  
incremental costs of such Parties in order to enable  
their compliance with the control measures of the  
Protocol. An indicative list of the categories of  
incremental costs shall be decided by the meeting of the  
Parties. 

2. The mechanism established under paragraph 1 shall  
include a Multilateral Fund. It may also include other  
means of multilateral, regional and bilateral co- 
operation. 

3. The Multilateral Fund shall: 

(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. 

4. The Multilateral Fund shall operate under the  
authority of the Parties who shall decide on its overall  
policies. 

5. The Parties shall establish an Executive Committee to  
develop and monitor the implementation of specific  
operational policies, guidelines and administrative  
arrangements, including the disbursement of resources,  
for the purpose of achieving the objectives of the  
Multilateral Fund. The Executive Committee shall  
discharge its tasks and responsibilities, specified in  
its terms of reference as agreed by the Parties, with  
the co-operation and assistance of the International  
Bank for Reconstruction and Development (World Bank),  
the United Nations Environment Programme, the United  
Nations Development Programme or other appropriate  
agencies depending on their respective areas of  
expertise. The members of the Executive Committee, which  
shall be selected on the basis of a balanced  
representation of the Parties operating under paragraph  
1 of Article 5 and of the Parties not so operating,  
shall be endorsed by the Parties. 

6. The multilateral Fund shall be financed by  
contributions from Parties not operating under paragraph  
1 of Article 5 in convertible currency or, in certain  
circumstances, in kind and/or in national currency, on  
the basis of the United Nations scale of assessments.  
Contributions by other Parties shall be encouraged.  
Bilateral and, in particular cases agreed by a decision  
of the Parties, regional co-operation may, up to a  
percentage and consistent with any criteria to be  
specified by decision of the Parties, be considered as a  
contribution to the multilateral Fund, provided that  
such co-operation, as a minimum: 

(a) Strictly relates to compliance with the provisions  
of this Protocol; 

(b) Provides additional resources; and 

(c) Meets agreed incremental costs; 

7. The Parties shall decide upon the programme budget of  
the multilateral Fund for each fiscal period and upon  
the percentage of contributions of the individual  
Parties thereto. 

8. Resources under the multilateral Fund shall be  
disbursed with the concurrence of the beneficiary Party. 

9. Decisions by the Parties under this Article shall be  
taken by consensus whenever possible. If all efforts at  
consensus have been exhausted and no agreement reached,  
decisions shall be adopted by a two-thirds majority vote  
of the Parties present and voting, representing a  
majority of the Parties operating under paragraph 1 of  
Article 5 present and voting and a majority of the  
Parties not so operating present and voting. 

10. The financial mechanism set out in this Article is  
without prejudice to any future arrangements that may be  
developed with respect to other environmental issues. 

U. Article l0A: Transfer of technology 

The following Article shall be added to the Protocol as  
Article l0A:  

Article l0A: 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. 

V. Article 11: Meetings of the Parties 

Paragraph 4 (g) of Article 11 of the Protocol shall be  
replaced by the following: 

(g) Assess, in accordance with Article 6, the control  
measures and the situation regarding transitional  
substances; 

W. Article 17: Parties joining after entry into force 

The following words shall be added after "as well as  
under" in Article 17: 

Articles 2A to 2E, and 

X. Article 19: Withdrawal 

Article 19 of the Protocol shall be replaced by the  
following paragraph: 

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. 

Y. Annexes 

The following annexes shall be added to the Protocol: 

Annex B  - Controlled substances 
omissis 

Annex C - Transitional substances 
omissis 

Article 2: Entry into Force 

1. This Amendment shall enter into force on 1 January  
1992, 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.