MT
Montreal Protocol on Substances that Deplete the Ozone Layer (it-tieniskeda)
Table of Provisions (12)
Statutory Text (12 Articles)
L.N. 259 of 2025
ENVIRONMENT PROTECTION ACT
(CAP. 549)
Vienna Convention for the Protection of the Ozone Layer and the
Montreal Protocol on Substances that Deplete the Ozone Layer
(Incorporation) (Amendment) Regulations, 2025
IN EXERCISE of the powers conferred by article 54(1) of the
Environment Protection Act, the Minister responsible for the
environment, after consultation with the Environment and Resources
Authority, has made the following regulations:-
The title of these regulations is the Vienna Convention for
the Protection of the Ozone Layer and the Montreal Protocol on
Substances that Deplete the Ozone Layer (Incorporation)
(Amendment) Regulations, 2025 and these regulations shall be read
and construed as one with the Vienna Convention for the Protection of
the Ozone Layer and the Montreal Protocol Substances that Deplete
the Ozone Layer (Incorporation) Regulations, hereinafter referred to as
"the principal regulations".
MONTREAL PROTOCOL ON SUBSTANCES THAT
DEPLETE THE OZONE LAYER
[It-Tieni Skeda qiegħda tiġi ppubblikata biss fil-lingwa bl-
Ingliż flimkien mat-test Ingliż.]".
Regulation 2 of the principal regulations shall be amended
by the following
(a) in sub-regulation (1) thereof the words "of
September, 1987" shall be substituted by the words "of
September, 1987 as amended by the Kigali Amendment adopted
at Kigali on October 15, 2016, and entered into force on January 1,
2019"; and
(b) sub-regulation (2) thereof shall be substituted by the
following new sub-regulation
"(2) The texts of the said Vienna Convention appear
in the First Schedule, the texts of the said Montreal
Protocol as amended by the Kigali Amendment appear in
the Second Schedule, and the texts of the Declaration by
the European Economic Community in conformity with
Article 13(3) of the Vienna Convention for the protection
of the ozone layer appear in the Third Schedule, all of
which are being published in the English language with the
English text of these regulations.".
Annex I to the principal regulations shall be amended by Amends Annex
the following
(a)
the words
"ANNEX I
VIENNA CONVENTION FOR THE PROTECTION OF
THE OZONE LAYER"
thereof shall be substituted by the words
"FIRST SCHEDULE
VIENNA CONVENTION FOR THE PROTECTION OF
THE OZONE LAYER"; and
(b)
the words
"MONTREAL PROTOCOL ON SUBSTANCES THAT
DEPLETE THE OZONE LAYER
THE PARTIES TO THIS PROTOCOL,"
thereof shall be substituted by the words
"SECOND SCHEDULE
MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE
THE OZONE LAYER
THE PARTIES TO THIS PROTOCOL,".
In the Maltese version only, immediately after regulation 2 Adds new
of the principal regulations there shall be added the following new headings
headings of the First Schedule, and the Second Schedule, as amended, and
which are published in full only in the English language version of the principal
principal regulations
"L-EWWEL SKEDA
VIENNA CONVENTION FOR THE PROTECTION OF THE
OZONE LAYER
[L-Ewwel Skeda qiegħda tiġi ppubblikata biss fil-lingwa
bl-Ingliż flimkien mat-test Ingliż.]
The Second Schedule to the principal regulations, as
amended, shall be substituted by the following new Schedule
"SECOND SCHEDULE
MONTREAL PROTOCOL ON SUBSTANCES THAT
DEPLETE THE OZONE LAYER
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,
considering 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, considering 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
1. "Convention" means the Vienna Convention for the
Protection of the Ozone Layer, adopted on 22 March 1985.
2. "Parties" means, unless the text otherwise indicates,
Parties to this Protocol.
3. "Secretariat" means the Secretariat of the Convention.
4. "Controlled substance" means a substance in Annex
A, Annex B, Annex C, Annex E or Annex F 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.
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".
"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
1. Any Party may, for one (1) or more control periods,
transfer to another Party any portion of its calculated level of
production set out in Articles 2A to 2F, Articles 2H and 2J,
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.
1 bis. Any Party not operating under paragraph 1 of Article
5 may, for one (1) 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 zero point two five (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.
2. 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 zero
point five (0.5) kilograms per capita.
3. Any transfer of production pursuant to paragraph 1 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.
4. (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 2J provided that their total combined calculated
level of consumption does not exceed the levels required by this
Article and Articles 2A to 2J. Any such agreement may be
extended to include obligations respecting consumption or
production under Article 2J provided that the total combined
calculated level of consumption or production of the Parties
concerned does not exceed the levels required by Article 2J.
(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.
5. (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;
(ii) adjustments to the global warming potentials
specified in Group I of Annex A, Annex C and Annex F
should be made and, if so, what the adjustments should be;
and
(iii) 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 (6)
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 (⅔) 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 (6) months from the
date of the circulation of the communication by the Depositary.
6. 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) 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.
7. Notwithstanding the provisions contained in this
Article and Articles 2A to 2J Parties may take more stringent
measures than those required by this Article and Articles 2A to
2J. Article 2A
CFCs
1. Each Party shall ensure that for the twelve (12) month
period commencing on the first (1st) day of the seventh (7th)
month following the date of entry into force of this Protocol, and
in each twelve (12) 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 (1) 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 (10%) 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.
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 one hundred and fifty percent (150%) of its
calculated levels of production and consumption of those
substances in 1986; with effect from 1 January 1993, the twelve
(12) 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 (12) month
period commencing on 1 January 1994, and in each twelve (12)
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 (25%) of its calculated
level of consumption in 1986. Each Party producing one (1) 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 (25%) 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 (10%) of its calculated level of
production in 1986.
4. Each Party shall ensure that for the twelve (12) month
period commencing on 1 January 1996, and in each twelve (12)
month period thereafter, its calculated level of consumption of
the controlled substances in Group I of Annex A does not exceed
zero (0). Each Party producing one (1) or more of these
substances shall, for the same periods, ensure that its calculated
level of production of the substances does not exceed zero (0).
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 a quantity equal to
the annual average of its production of the controlled substances
in Group I of Annex A for basic domestic needs for the period
1995 to 1997 inclusive. 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.
5. Each Party shall ensure that for the twelve (12) month
period commencing on 1 January 2003 and in each twelve (12)
month period thereafter, its calculated level of production of the
controlled substances in Group I of Annex A for the basic
domestic needs of the Parties operating under paragraph 1 of
Article 5 does not exceed eighty per cent (80%) of the annual
average of its production of those substances for basic domestic
needs for the period 1995 to 1997 inclusive.
6. Each Party shall ensure that for the twelve (12) month
period commencing on 1 January 2005 and in each twelve (12)
month period thereafter, its calculated level of production of the
controlled substances in Group I of Annex A for the basic
domestic needs of the Parties operating under paragraph 1 of
Article 5 does not exceed fifty per cent (50%) of the annual
average of its production of those substances for basic domestic
needs for the period 1995 to 1997 inclusive.
7. Each Party shall ensure that for the twelve (12) month
period commencing on 1 January 2007 and in each twelve (12)
month period thereafter, its calculated level of production of the
controlled substances in Group I of Annex A for the basic
domestic needs of the Parties operating under paragraph 1 of
Article 5 does not exceed fifteen per cent (15%) of the annual
average of its production of those substances for basic domestic
needs for the period 1995 to 1997 inclusive.
8. Each Party shall ensure that for the twelve (12) month
period commencing on 1 January 2010 and in each twelve (12)
month period thereafter, its calculated level of production of the
controlled substances in Group I of Annex A for the basic
domestic needs of the Parties operating under paragraph 1 of
Article 5 does not exceed zero (0).
For the purposes of calculating basic domestic needs
under paragraphs 4 to 8 of this Article, the calculation of the
annual average of production by a Party includes any production
entitlements that it has transferred in accordance with paragraph
1 of Article 2 and excludes any production entitlements that it
has acquired in accordance with paragraph 1 of Article 2.
Article 2B
Halons
1. Each Party shall ensure that for the twelve (12) month
period commencing on 1 January 1992, and in each twelve (12)
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 (1) 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 (10%) of its calculated
level of production in 1986.
2. Each Party shall ensure that for the twelve (12) month
period commencing on 1 January 1994, and in each twelve (12)
month period thereafter, its calculated level of consumption of
the controlled substances in Group II of Annex A does not
exceed zero (0). Each Party producing one (1) or more of these
substances shall, for the same periods, ensure that its calculated
level of production of the substances does not exceed zero (0).
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, until 1 January 2002 exceed that limit
by up to fifteen per cent (15%) of its calculated level of
production in 1986; thereafter, it may exceed that limit by a
quantity equal to the annual average of its production of the
controlled substances in Group II of Annex A for basic domestic
needs for the period 1995 to 1997 inclusive. 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.
3. Each Party shall ensure that for the twelve (12) month
period commencing on 1 January 2005 and in each twelve (12)
month period thereafter, its calculated level of production of the
controlled substances in Group II of Annex A for the basic
domestic needs of the Parties operating under paragraph 1 of
Article 5 does not exceed fifty per cent (50%) of the annual
average of its production of those substances for basic domestic
needs for the period 1995 to 1997 inclusive.
4. Each Party shall ensure that for the twelve (12) month
period commencing on 1 January 2010 and in each twelve (12)
month period thereafter, its calculated level of production of the
controlled substances in Group II of Annex A for the basic
domestic needs of the Parties operating under paragraph 1 of
Article 5 does not exceed zero (0).
Article 2C
Other fully halogenated CFCs
1. Each Party shall ensure that for the twelve (12) 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 (80%) of its calculated
level of consumption in 1989. Each Party producing one (1) 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 (80%) 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 (10%) of its calculated level of production
in 1989.
2. Each Party shall ensure that for the twelve (12) month
period commencing on 1 January 1994, and in each twelve (12)
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 (25%) of its calculated
level of consumption in 1989. Each Party producing one (1) 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 (25%) 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 (10%) of its calculated level of
production in 1989.
3. Each Party shall ensure that for the twelve (12) month
period commencing on 1 January 1996, and in each twelve (12)
month period thereafter, its calculated level of consumption of
the controlled substances in Group I of Annex B does not exceed
zero (0). Each Party producing one (0) or more of these
substances shall, for the same periods, ensure that its calculated
level of production of the substances does not exceed zero (0).
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, until 1 January 2003 exceed that limit
by up to fifteen per cent (15%) of its calculated level of
production in 1989; thereafter, it may exceed that limit by a
quantity equal to eighty per cent (80%) of the annual average of
its production of the controlled substances in Group I of Annex
B for basic domestic needs for the period 1998 to 2000 inclusive.
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.
4. Each Party shall ensure that for the twelve (12) month
period commencing on 1 January 2007 and in each twelve (12)
month period thereafter, its calculated level of production of the
controlled substances in Group I of Annex B for the basic
domestic needs of the Parties operating under paragraph 1 of
Article 5 does not exceed fifteen per cent (15%) of the annual
average of its production of those substances for basic domestic
needs for the period 1998 to 2000 inclusive.
5. Each Party shall ensure that for the twelve (12) month
period commencing on 1 January 2010 and in each twelve (12)
month period thereafter, its calculated level of production of the
controlled substances in Group I of Annex B for the basic
domestic needs of the Parties operating under paragraph 1 of
Article 5 does not exceed zero (0).
Article 2D
Carbon tetrachloride
1. Each Party shall ensure that for the twelve (12) 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 (15%) 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 (15%) 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 (10%) of its calculated level of production in 1989.
2. Each Party shall ensure that for the twelve (12) month
period commencing on 1 January 1996, and in each twelve (12)
month period thereafter, its calculated level of consumption of
the controlled substance in Group II of Annex B does not exceed
zero (0). Each Party producing the substance shall, for the same
periods, ensure that its calculated level of production of the
substance does not exceed zero (0). 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 (15%) 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)
1. Each Party shall ensure that for the twelve (12) 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 (10%) of its calculated level of production
in 1989.
2. Each Party shall ensure that for the twelve (12) month
period commencing on 1 January 1994, and in each twelve (12)
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 (50%) 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 (50%) 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
(10%) of its calculated level of production in 1989.
3. Each Party shall ensure that for the twelve (12) month
period commencing on 1 January 1996, and in each twelve (12)
month period thereafter, its calculated level of consumption of
the controlled substance in Group III of Annex B does not
exceed zero (0). Each Party producing the substance shall, for
the same periods, ensure that its calculated level of production of
the substance does not exceed zero (0). 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 (15%) 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
1. Each Party shall ensure that for the twelve (12) month
period commencing on 1 January 1996, and in each twelve (12)
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.
two point eight per cent (2.8%) 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 producing one (1) or more of these
substances shall ensure that for the twelve (12) month period
commencing on 1 January 2004, and in each twelve (12) 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 (2.8%) 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 (2.8%) 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 (15%) of its calculated
level of production of the controlled substances in Group I
of Annex C as defined above.
3. Each Party shall ensure that for the twelve (12) month
period commencing on 1 January 2004, and in each twelve (12)
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 (65%) of the sum referred to
in paragraph 1 of this Article.
4. Each Party shall ensure that for the twelve (12) month
period commencing on 1 January 2010, and in each twelve (12)
month period thereafter, its calculated level of consumption of
the controlled substances in Group I of Annex C does not
exceed, annually, twenty-five per cent (25%) of the sum referred
to in paragraph 1 of this Article. Each Party producing one (1) or
more of these substances shall, for the same periods, ensure that
its calculated level of production of the controlled substances in
Group I of Annex C does not exceed, annually, twenty-five per
cent (25%) of the calculated level referred to in paragraph 2 of
this Article. 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 (10%) of its calculated level of production of the
controlled substances in Group I of Annex C as referred to in
paragraph 2.
5. Each Party shall ensure that for the twelve (12) month
period commencing on 1 January 2015, and in each twelve (12)
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 (10%) of the sum referred to in
paragraph 1 of this Article. Each Party producing one (1) or more
of these substances shall, for the same periods, ensure that its
calculated level of production of the controlled substances in
Group I of Annex C does not exceed, annually, ten per cent
(10%) of the calculated level referred to in paragraph 2 of this
Article. 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 (10%) of its calculated level of production of the
controlled substances in Group I of Annex C as referred to in
paragraph 2.
6. Each Party shall ensure that for the twelve (12) month
period commencing on 1 January 2020, and in each twelve (12)
month period thereafter, its calculated level of consumption of
the controlled substances in Group I of Annex C does not exceed
zero (0). Each Party producing one (1) or more of these
substances shall, for the same periods, ensure that its calculated
level of production of the controlled substances in Group I of
Annex C does not exceed zero (0). 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. However
a.
each Party may exceed that limit on
consumption by up to zero point five per cent (0.5%) of the
sum referred to in paragraph 1 of this Article in any such
twelve (12) month period ending before 1 January 2030,
provided that such consumption shall be restricted to
i.
the servicing of refrigeration and air-
conditioning equipment existing on 1 January 2020;
ii.
the servicing of fire suppression and fire
protection equipment existing on 1 January 2020;
iii. solvent applications in rocket engine
manufacturing; and
iv. topical medical aerosol applications for
the specialised treatment of burns;
b.
each Party may exceed that limit on production
by up to zero point five per cent (0.5%) of the average
referred to in paragraph 2 of this Article in any such twelve
(12) month period ending before 1 January 2030, provided
that such production shall be restricted to
i.
the servicing of refrigeration and air-
conditioning equipment existing on 1 January 2020;
ii.
the servicing of fire suppression and fire
protection equipment existing on 1 January 2020;
iii. solvent applications in rocket engine
manufacturing; and
iv. topical medical aerosol applications for
the specialised treatment of burns.
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.
Article 2G
Hydrobromofluorocarbons
Each Party shall ensure that for the twelve (12) month
period commencing on 1 January 1996, and in each twelve (12)
month period thereafter, its calculated level of consumption of
the controlled substances in Group II of Annex C does not
exceed zero (0). Each Party producing the substances shall, for
the same periods, ensure that its calculated level of production of
the substances does not exceed zero (0). 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
1. Each Party shall ensure that for the twelve (12) month
period commencing on 1 January 1995, and in each twelve (12)
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 (10%) of its
calculated level of production in 1991.
2. Each Party shall ensure that for the twelve (12) month
period commencing on 1 January 1999, and in the twelve (12)
month period thereafter, its calculated level of consumption of
the controlled substance in Annex E does not exceed, annually,
seventy-five per cent (75%) 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 (75%) 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
(10%) of its calculated level of production in 1991.
3. Each Party shall ensure that for the twelve (12) month
period commencing on 1 January 2001, and in the twelve (12)
month period thereafter, its calculated level of consumption of
the controlled substance in Annex E does not exceed, annually,
fifty per cent (50%) 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 (50%) 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 (10%) of its calculated
level of production in 1991.
4. Each Party shall ensure that for the twelve (12) month
period commencing on 1 January 2003, and in the twelve (12)
month period thereafter, its calculated level of consumption of
the controlled substance in Annex E does not exceed, annually,
thirty per cent (30%) 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 (30%) 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 (10%) of its calculated
level of production in 1991.
5. Each Party shall ensure that for the twelve (12) month
period commencing on 1 January 2005, and in each twelve (12)
month period thereafter, its calculated level of consumption of
the controlled substance in Annex E does not exceed zero (0).
Each Party producing the substance shall, for the same periods,
ensure that its calculated level of production of the substance
does not exceed zero (0). 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, until 1 January
2002 exceed that limit by up to fifteen per cent (15%) of its
calculated level of production in 1991; thereafter, it may exceed
that limit by a quantity equal to the annual average of its
production of the controlled substance in Annex E for basic
domestic needs for the period 1995 to 1998 inclusive. 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.
5 bis. Each Party shall ensure that for the twelve (12)
month period commencing on 1 January 2005 and in each twelve
(12) month period thereafter, its calculated level of production of
the controlled substance in Annex E for the basic domestic needs
of the Parties operating under paragraph 1 of Article 5 does not
exceed eighty per cent (80%) of the annual average of its
production of the substance for basic domestic needs for the
period 1995 to 1998 inclusive.
5 ter. Each Party shall ensure that for the twelve (12)
month period commencing on 1 January 2015 and in each twelve
(12) month period thereafter, its calculated level of production of
the controlled substance in Annex E for the basic domestic needs
of the Parties operating under paragraph 1 of Article 5 does not
exceed zero (0).
6. 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 2I
Bromochloromethane
Each Party shall ensure that for the twelve (12) month
period commencing on 1 January 2002, and in each twelve (12)
month period thereafter, its calculated level of consumption and
production of the controlled substance in Group III of Annex C
does not exceed zero (0). 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 2J
Hydrofluorocarbons
1. Each Party shall ensure that for the twelve (12) month
period commencing on 1 January 2019, and in each twelve (12)
month period thereafter, its calculated level of consumption of
the controlled substances in Annex F, expressed in
CO2 equivalents, does not exceed the percentage, set out for the
respective range of years specified in sub-paragraphs (a) to (e)
below, of the annual average of its calculated levels of
consumption of Annex F controlled substances for the years
2011, 2012 and 2013, plus fifteen per cent (15%) of its calculated
level of consumption of Annex C, Group I, controlled substances
as set out in paragraph 1 of Article 2F, expressed in
CO2 equivalents
(a)
2019 to 2023: 90 per cent (90%);
(b)
2024 to 2028: 60 per cent (60%);
(c)
2029 to 2033: 30 per cent (30%);
(d)
2034 to 2035: 20 per cent (20%);
(e)
2036 and thereafter: 15 per cent (15%).
2. Notwithstanding paragraph 1 of this Article, the
Parties may decide that a Party shall ensure that, for the twelve
(12) month period commencing on 1 January 2020, and in each
twelve (12) month period thereafter, its calculated level of
consumption of the controlled substances in Annex F, expressed
in CO2 equivalents, does not exceed the percentage, set out for
the respective range of years specified in sub-paragraphs (a) to
(e) below, of the annual average of its calculated levels of
consumption of Annex F controlled substances for the years
2011, 2012 and 2013, plus twenty-five per cent (25%) of its
calculated level of consumption of Annex C, Group I, controlled
substances as set out in paragraph 1 of Article 2F, expressed in
CO2 equivalents
(a)
2020 to 2024: 95 per cent (95%);
(b)
2025 to 2028: 65 per cent (65%);
(c)
2029 to 2033: 30 per cent (30%);
(d)
2034 to 2035: 20 per cent (20%);
(e)
2036 and thereafter: 15 per cent (15%).
3. Each Party producing the controlled substances in
Annex F shall ensure that for the twelve (12) month period
commencing on 1 January 2019, and in each twelve (12) month
period thereafter, its calculated level of production of the
controlled substances in Annex F, expressed in CO2 equivalents,
does not exceed the percentage, set out for the respective range
of years specified in sub-paragraphs (a) to (e) below, of the
annual average of its calculated levels of production of Annex F
controlled substances for the years 2011, 2012 and 2013, plus
fifteen per cent (15%) of its calculated level of production of
Annex C, Group I, controlled substances as set out in paragraph
2 of Article 2F, expressed in CO2 equivalents
(a)
2019 to 2023: 90 per cent (90%);
(b)
2024 to 2028: 60 per cent (60%);
(c)
2029 to 2033: 30 per cent (30%);
(d)
2034 to 2035: 20 per cent (20%);
(e)
2036 and thereafter: 15 per cent (15%).
4. Notwithstanding paragraph 3 of this Article, the
Parties may decide that a Party producing the controlled
substances in Annex F shall ensure that for the twelve (12)
month period commencing on 1 January 2020, and in each
twelve (12) month period thereafter, its calculated level of
production of the controlled substances in Annex F, expressed in
CO2 equivalents, does not exceed the percentage, set out for the
respective range of years specified in sub-paragraphs (a) to (e)
below, of the annual average of its calculated levels of
production of Annex F controlled substances for the years 2011,
2012 and 2013, plus twenty-five per cent (25%) of its calculated
level of production of Annex C, Group I, controlled substances
as set out in paragraph 2 of Article 2F, expressed in
CO2 equivalents
(a)
2020 to 2024: 95 per cent (95%);
(b)
2025 to 2028: 65 per cent (65%);
(c)
2029 to 2033: 30 per cent (30%);
(d)
2034 to 2035: 20 per cent (20%);
(e)
2036 and thereafter: 15 per cent (15%).
5. Paragraphs 1 to 4 of this Article 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 the
Parties to be exempted uses.
6. Each Party manufacturing Annex C, Group I, or
Annex F substances shall ensure that for the twelve (12) month
period commencing on 1 January 2020, and in each twelve (12)
month period thereafter, its emissions of Annex F, Group II,
substances generated in each production facility that
manufactures Annex C, Group I, or Annex F substances are
destroyed to the extent practicable using technology approved by
the Parties in the same twelve (12) month period.
7. Each Party shall ensure that any destruction of Annex
F, Group II, substances generated by facilities that produce
Annex C, Group I, or Annex F substances shall occur only by
technologies approved by the Parties.
Article 3
Calculation of control levels
1. For the purposes of Articles 2, 2A to 2J and 5, each
Party shall, for each group of substances in Annex A, Annex B,
Annex C, Annex E or Annex F, determine its calculated levels
(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, except as otherwise specified in
paragraph 2;
(ii) adding together, for each such Group, the
resulting figures;
(b) imports and exports, respectively, by following,
mutatis mutandis, the procedure set out in sub-paragraph
(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 sub-paragraphs (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; and
(d) emissions of Annex F, Group II, substances
generated in each facility that generates Annex C, Group I,
or Annex F substances by including, among other things,
amounts emitted from equipment leaks, process vents and
destruction devices, but excluding amounts captured for
use, destruction, or storage.
2. When
calculating
levels,
expressed
in
CO2 equivalents, of production, consumption, imports, exports
and emissions of Annex F and Annex C, Group I, substances for
the purposes of Article 2J, paragraph 1 of Article 2 and
paragraph 1 (d) of Article 3, each Party shall use the global
warming potentials of those substances specified in Group I of
Annex A, Annex C and Annex F.
Article 4
Control of trade with non-Parties
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 (1) 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 (1) 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 (1) 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.
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 (1) 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.
1 sept. Upon entry into force of this paragraph, each Party
shall ban the import of the controlled substances in Annex F
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 (1) 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 (1) 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 (1) 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.
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 (1) 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.
2 sept. Upon entry into force of this paragraph, each Party
shall ban the export of the controlled substances in Annex F 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 (1) year of the annex
having become effective, the import of those products from any
State not party to this Protocol.
3 bis. Within three (3) 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 (1) year of the annex
having become effective, the import of those products from any
State not party to this Protocol.
3 ter. Within three (3) 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 (1) 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 or restrict, within one (1) year of the
annex having become effective, the import of those products
from any State not party to this Protocol.
4 bis. Within five (5) 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 (1) year of the annex
having become effective, the import of those products from any
State not party to this Protocol.
4 ter. Within five (5) 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 (1) 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
in Annexes A, B, C, E and F.
6. 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, B, C, E and F.
7. 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, B, C, E and F.
8. 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 2J and this
Article, and have submitted data to that effect as specified in
Article 7.
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.
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
1. 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.
2. 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
1. Each Party shall, by 1 January 2000 or within three
(3) 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.
2. 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.
2 bis. Each Party shall, by 1 January 2019 or within three
(3) months of the date of entry into force of this paragraph for it,
whichever is later, establish and implement a system for
licensing the import and export of new, used, recycled, and
reclaimed controlled substances in Annex F. Any Party operating
under paragraph 1 of Article 5 that decides it is not in a position
to establish and implement such a system by 1 January 2019 may
delay taking those actions until 1 January 2021.
3. Each Party shall, within three (3) months of the date
of introducing its licensing system, report to the Secretariat on
the establishment and operation of that system.
4. 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
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 zero point three (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 (10) 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, considering 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 5 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.
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 zero
point three (0.3) kilograms per capita nor an annual calculated
level of consumption of controlled substances of Annex B of
zero point two (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 zero point three (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 zero point two (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 zero point three (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 zero point two (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 2J 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 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
Articles 2I and 2J, and with 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.
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 and Articles 2I
and 2J, 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.
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.
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 (10) 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 (10) 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 (12) month period
commencing on 1 January 2013, and in each twelve (12)
month period thereafter, its calculated level of consumption
of the controlled substances in Group I of Annex C does
not exceed, annually, the average of its calculated levels of
consumption in 2009 and 2010. Each Party operating under
paragraph 1 of this Article shall ensure that for the twelve
(12) month period commencing on 1 January 2013 and in
each twelve (12) 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 its
calculated levels of production in 2009 and 2010;
(b) each Party operating under paragraph 1 of this
Article shall ensure that for the twelve (12) month period
commencing on 1 January 2015, and in each twelve (12)
month period thereafter, its calculated level of consumption
of the controlled substances in Group I of Annex C does
not exceed, annually, ninety per cent (90%) of the average
of its calculated levels of consumption in 2009 and 2010.
Each such Party producing one (1) or more of these
substances shall, for the same periods, ensure that its
calculated level of production of the controlled substances
in Group I of Annex C does not exceed, annually, ninety
per cent (90%) of the average of its calculated levels of
production in 2009 and 2010;
(c) each Party operating under paragraph 1 of this
Article shall ensure that for the twelve (12) month period
commencing on 1 January 2020, and in each twelve (12)
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 (65%) of the
average of its calculated levels of consumption in 2009 and
2010. Each such Party producing one (1) or more of these
substances shall, for the same periods, ensure that its
calculated level of production of the controlled substances
in Group I of Annex C does not exceed, annually, sixty-five
per cent (65%) of the average of its calculated levels of
production in 2009 and 2010;
(d) each Party operating under paragraph 1 of this
Article shall ensure that for the twelve (12) month period
commencing on 1 January 2025, and in each twelve (12)
month period thereafter, its calculated level of consumption
of the controlled substances in Group I of Annex C does
not exceed, annually, thirty-two point five per cent (32.5%)
of the average of its calculated levels of consumption in
2009 and 2010. Each such Party producing one (1) or more
of these substances shall, for the same periods, ensure that
its calculated level of production of the controlled
substances in Group I of Annex C does not exceed,
annually, thirty-two point five per cent (32.5%) of the
average of its calculated levels of production in 2009 and
2010;
(e) each Party operating under paragraph 1 of this
Article shall ensure that for the twelve (12) month period
commencing on 1 January 2030, and in each twelve (12)
month period thereafter, its calculated level of consumption
of the controlled substances in Group I of Annex C does
not exceed zero (0). Each such Party producing one (1) or
more of these substances shall, for the same periods, ensure
that its calculated level of production of the controlled
substances in Group I of Annex C does not exceed zero
(0). 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. However
(i) each such Party may exceed that limit on
consumption in any such twelve (12) month period so
long as the sum of its calculated levels of
consumption over the ten (10) year period from 1
January 2030 to 1 January 2040, divided by ten (10),
does not exceed two point five per cent (2.5%) of the
average of its calculated levels of consumption in
2009 and 2010, and provided that such consumption
shall be restricted to
a.
the servicing of refrigeration and air
conditioning equipment existing on 1 January
2030;
b.
the servicing of fire suppression and
fire protection equipment existing on 1 January
2030;
c.
solvent applications
in
rocket
engine manufacturing; and
d.
topical medical aerosol applications
for the specialized treatment of burns;
(ii) each such Party may exceed that limit on
production in any such twelve (12) month period so
long as the sum of its calculated levels of production
over the ten (10) year period from 1 January 2030 to
1 January 2040, divided by ten (10), does not exceed
two point five per cent (2.5%) of the average of its
calculated levels of production in 2009 and 2010, and
provided that such production shall be restricted to
a.
the servicing of refrigeration and air
conditioning equipment existing on 1 January
2030;
b.
the servicing of fire suppression and
fire protection equipment existing on 1 January
2030;
c.
solvent applications
in
rocket
engine manufacturing; and
d.
topical medical aerosol applications
for the specialized treatment of burns;
(f) each
Party
operating
under
paragraph 1 of this Article shall comply with
Article 2G;
(g) 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 (12) month period
commencing on 1 January 2005, and in
each twelve (12) month period thereafter,
its calculated levels of consumption and
production of the controlled substance in
Annex E do not exceed, annually, eighty
per cent (80%) 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 (12) month period
commencing on 1 January 2015 and in
each twelve (12) month period thereafter,
its calculated levels of consumption and
production of the controlled substance in
Annex E do not exceed zero (0). 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
sub-paragraph shall not include the
amounts used by the Party for quarantine
and pre-shipment applications.
8 qua
(a) Each Party operating under paragraph 1 of this
Article, subject to any adjustments made to the control measures
in Article 2J in accordance with paragraph 5 of Article 2, shall be
entitled to delay its compliance with the control measures set out
in sub-paragraphs (a) to (e) of paragraph 1 of Article 2J and sub-
paragraphs (a) to (e) of paragraph 3 of Article 2J and modify
those measures as follows
(i)
2024 to 2028: 100 per cent (100%);
(ii)
2029 to 2034: 90 per cent (90%);
(iii) 2035 to 2039: 70 per cent (70%);
(iv) 2040 to 2044: 50 per cent (50%);
(v)
2045 and thereafter: 20 per cent (20%).
(b) Notwithstanding sub-paragraph (a) above, the Parties
may decide that a Party operating under paragraph 1 of this
Article, subject to any adjustments made to the control measures
in Article 2J in accordance with paragraph 5 of Article 2, shall be
entitled to delay its compliance with the control measures set out
in sub-paragraphs (a) to (e) of paragraph 1 of Article 2J and sub-
paragraphs (a) to (e) of paragraph 3 of Article 2J and modify
those measures as follows
(i)
2028 to 2031: 100 per cent (100%);
(ii)
2032 to 2036: 90 per cent (90%);
(iii) 2037 to 2041: 80 per cent (80%);
(iv) 2042 to 2046: 70 per cent (70%);
(v)
2047 and thereafter: 15 per cent (15%).
(c) Each Party operating under paragraph 1 of this
Article, for the purposes of calculating its consumption baseline
under Article 2J, shall be entitled to use the average of its
calculated levels of consumption of Annex F controlled
substances for the years 2020, 2021 and 2022, plus sixty-five per
cent (65%) of its baseline consumption of Annex C, Group I,
controlled substances as set out in paragraph 8 ter of this Article.
(d) Notwithstanding sub-paragraph (c) above, the Parties
may decide that a Party operating under paragraph 1 of this
Article, for the purposes of calculating its consumption baseline
under Article 2J, shall be entitled to use the average of its
calculated levels of consumption of Annex F controlled
substances for the years 2024, 2025 and 2026, plus sixty-five per
cent (65%) of its baseline consumption of Annex C, Group I,
controlled substances as set out in paragraph 8 ter of this Article.
(e) Each Party operating under paragraph 1 of this
Article and producing the controlled substances in Annex F, for
the purposes of calculating its production baseline under Article
2J, shall be entitled to use the average of its calculated levels of
production of Annex F controlled substances for the years 2020,
2021 and 2022, plus sixty-five per cent (65%) of its baseline
production of Annex C, Group I, controlled substances as set out
in paragraph 8 ter of this Article.
(f) Notwithstanding sub-paragraph (e) above, the Parties
may decide that a Party operating under paragraph 1 of this
Article and producing the controlled substances in Annex F, for
the purposes of calculating its production baseline under Article
2J, shall be entitled to use the average of its calculated levels of
production of Annex F controlled substances for the years 2024,
2025 and 2026, plus sixty-five per cent (65%) of its baseline
production of Annex C, Group I, controlled substances as set out
in paragraph 8 ter of this Article.
(g) Sub-paragraphs (a) to (f) of this paragraph will apply
to calculated levels of production and consumption save to the
extent that a high-ambient-temperature exemption applies based
on criteria decided by the Parties.
9. 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 (4) years
thereafter, the Parties shall assess the control measures provided
for in Article 2 and Articles 2A to 2J on the basis of available
scientific, environmental, technical, and economic information.
At least one (1) 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 (1) year of being convened, the
panels will report their conclusions, through the Secretariat, to
the Parties.
Article 7
Reporting of data
1. Each Party shall provide to the Secretariat, within
three (3) 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
(a) in Annex B and Groups, I and II of Annex C for
the year 1989; and
(b)
in Annex E, for the year 1991; and
(c) in Annex F, for the years 2011 to 2013, except
that Parties operating under paragraph 1 of Article 5 shall
provide such data for the years 2020 to 2022, but those
Parties operating under paragraph 1 of Article 5 to which
sub-paragraphs (d) and (f) of paragraph 8 qua of Article 5
applies shall provide such data for the years 2024 to 2026;
or
(d) the best possible estimates of such data where
actual data are not available, not later than three (3) months
after the date when the provisions set out in the Protocol
with regard to the substances in Annexes B, C, E and F
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, E and F and, separately, for each substance,
(a)
amounts used for feedstocks,
(b) amounts destroyed by technologies approved by
the Parties, and
(c) imports from and exports to Parties and non-
Parties respectively, for the year during which provisions
concerning the substances in Annexes A, B, C, E and F
respectively entered into force for that Party and for each
year thereafter. 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. Data shall be forwarded not later
than nine (9) 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.
3 ter. Each Party shall provide to the Secretariat statistical
data on its annual emissions of Annex F, Group II, controlled
substances per facility in accordance with paragraph 1 (d) of
Article 3 of the Protocol.
4. For Parties operating under the provisions of
paragraph 4 (a) of Article 2, the requirements in paragraphs 1, 2,
3 and 3 bis of this Article in respect of statistical data on
production, imports and exports shall be satisfied if the regional
economic integration organization concerned provides data on
production, 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
1. The Parties shall co-operate, consistent with their
national laws, regulations and practices and considering 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.
2. 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.
3. Within two (2) years of the entry into force of this
Protocol and every two (2) 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
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, Article 2I and Article 2J, 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. Where a Party operating under paragraph 1 of
Article 5 chooses to avail itself of funding from any other
financial mechanism that could result in meeting any part of its
agreed incremental costs, that part shall not be met by the
financial mechanism under Article 10 of this Protocol.
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 (⅔) 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.
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 sub-paragraph
(a) occur under fair and most favourable conditions.
Article 11
Meetings of the parties
1. The Parties shall hold meetings at regular intervals.
The Secretariat shall convene the first meeting of the Parties not
later than one (1) 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.
2. 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 (6)
months of such a request being communicated to them by the
Secretariat, it is supported by at least one third (⅓) of the Parties.
3. 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.
4. The functions of the meetings of the Parties shall be
(a)
review the implementation of this Protocol;
(b) decide on any adjustments or reductions
referred to in paragraph 5 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 6 of Article
(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 sub-paragraph (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.
5. 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. Anybody 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 (⅓) 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 sub-paragraphs (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
1. 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.
2. 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
1. This Protocol shall enter into force on 1 January
1989, provided that at least eleven (11) 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 (⅔) 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 (19th) day following the date on which the
conditions have 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 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
2J 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 (4)
years of assuming the obligations specified in paragraph 1 of
Article 2A. Any such withdrawal shall take effect upon expiry of
one (1) 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 (16th) day of September,
one thousand nine hundred and eighty-seven (1987).
Annex A
Controlled substances
Group
Substance
Ozone-Depleting
100-Year Global
Potential*
Warming Potential
Group I
CFCl3
(CFC-11)
1.0
4 750
CF2Cl2
(CFC-12)
1.0
10 900
C2F3Cl3
(CFC-113)
0.8
6 130
C2F4Cl2
(CFC-114)
1.0
10 000
C2F5Cl
(CFC-115)
0.6
7 370
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
1.1
tetrachloride
Group III
C2H3Cl3*
1,1,1-
0.1
trichloroethane*
(methyl
chloroform)
* This formula does not refer to 1,1,2-trichloroethane.
Annex C
Controlled substances
Group
Substance
Number of
Ozone-
100-Year Global
isomers
Depleting
Warming
Potential*
Potential***
Group I
CHFCl2
(HCFC-21)**
0.04
CHF2Cl
(HCFC-22)**
0.055
CH2FCl
(HCFC-31)
0.02
C2HFCl4
(HCFC-121)
0.01–0.04
C2HF2Cl3
(HCFC-122)
0.02–0.08
C2HF3Cl2
(HCFC-123)
0.02–0.06
CHCl2CF3 (HCFC-123)**
-
0.02
C2HF4Cl
(HCFC-124)
0.02–0.04
CHFClCF3 (HCFC-124)**
-
0.022
C2H2FCl3
(HCFC-131)
0.007–0.05
C2H2F2Cl2 (HCFC-132)
0.008–0.05
C2H2F3Cl
(HCFC-133)
0.02–0.06
C2H3FCl2
(HCFC-141)
0.005–0.07
CH3CFCl2 (HCFC-141b)**
-
0.11
C2H3F2Cl
(HCFC-142)
0.008–0.07
CH3CF2Cl (HCFC-142b)**
-
0.065
C2H4FCl
(HCFC-151)
0.003–0.005
C3HFCl6
(HCFC-221)
0.015–0.07
C3HF2Cl5
(HCFC-222)
0.01–0.09
C3HF3Cl4
(HCFC-223)
0.01–0.08
C3HF4Cl3
(HCFC-224)
0.01–0.09
C3HF5Cl2
(HCFC-225)
0.02–0.07
CF3CF2CH (HCFC-225ca)**
-
0.025
Cl2
CF2ClCF2C (HCFC-225cb)**
-
0.033
HClF
C3HF6Cl
(HCFC-226)
0.02–0.10
C3H2FCl5
(HCFC-231)
0.05–0.09
C3H2F2Cl4 (HCFC-232)
0.008–0.10
C3H2F3Cl3 (HCFC-233)
0.007–0.23
C3H2F4Cl2 (HCFC-234)
0.01–0.28
C3H2F5Cl
(HCFC-235)
0.03–0.52
C3H3FCl4
(HCFC-241)
0.004–0.09
Group
Substance
Number of
Ozone-
100-Year Global
isomers
Depleting
Warming
Potential*
Potential***
C3H3F2Cl3
(HCFC-242)
0.005–0.13
C3H3F3Cl2
(HCFC-243)
0.007–0.12
C3H3F4Cl
(HCFC-244)
0.009–0.14
C3H4FCl3
(HCFC-251)
0.001–0.01
C3H4F2Cl2
(HCFC-252)
0.005–0.04
C3H4F3Cl
(HCFC-253)
0.003–0.03
C3H5FCl2
(HCFC-261)
0.002–0.02
C3H5F2Cl
(HCFC-262)
0.002–0.02
C3H6FCl
(HCFC-271)
0.001–0.03
Group II
CHFBr2
1.00
CHF2Br
(HBFC-22B1)
0.74
CH2FBr
0.73
C2HFBr4
0.3-0.8
C2HF2Br3
0.5-1.8
C2HF3Br2
0.4-1.6
C2HF4Br
0.7-1.2
C2H2FBr3
0.1-1.1
C2H2F2Br2
0.2-1.5
C2H2F3Br
0.7-1.6
C2H3FBr2
0.1-1.7
C2H3F2Br
0.2-1.1
C2H4FBr
0.07-0.1
C3HFBr6
0.3-1.5
C3HF2Br5
0.2-1.9
C3HF3Br4
0.3-1.8
C3HF4Br3
0.5-2.2
C3HF5Br2
0.9-2.0
C3HF6Br
0.7-3.3
C3H2FBr5
0.1-1.9
C3H2F2Br4
0.2-2.1
C3H2F3Br3
0.2-5.6
C3H2F4Br2
0.3-7.5
C3H2F5Br
0.9-1.4
C3H3FBr4
0.08-1.9
C3H3F2Br3
0.1-3.1
C3H3F3Br2
0.1-2.5
Substance
Number of
Ozone-
100-Year Global
isomers
Depleting
Warming
Potential*
Potential***
0.3-4.4
0.03-0.3
0.1-1.0
0.07-0.8
0.04-0.4
0.07-0.8
0.02-0.7
CH2BrCl bromochloromet
0.12
hane
* 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.
*** For substances for which no GWP is indicated, the
default value zero (0) applies until a GWP value is included by
means of the procedure foreseen in paragraph 5 (a) (ii) of Article
2. Annex D*
A list of products** containing controlled substances specified
in Annex A
Products
Customs code number
1. Automobile and truck air
conditioning units (whether
incorporated in vehicles or not)
2. Domestic and commercial
refrigeration and air conditioning/
heat pump equipment***
eg., Refrigerators
Freezers
Products
Customs code number
Dehumidifiers
Water coolers
Ice machines
Air conditioning and heat
pump units
3. Aerosol products, except medical
aerosols
4. Portable fire extinguisher
5. Insulation boards, panels and pipe
covers
6. Pre-polymers
* This Annex was adopted by the Third Meeting of the
Parties in Nairobi, 21 June 1991 as required by paragraph 3 of
Article 4 of the Protocol.
** Though not when transported in consignments of
personal or household effects or in similar non-commercial
situations normally exempted from customs attention.
*** When containing controlled substances in Annex A as
a refrigerant and/or in insulating material of the product.
Annex E
Controlled substances
Group
Substance
Ozone-Depleting Potential
Group I
CH3Br
methyl bromide
0.6
Annex F
Controlled substances
Group
Substance
100-Year Global Warming
Potential
Group I
CHF2CHF2
HFC-134
1 100
CH2FCF3
HFC-134a
1 430
CH2FCHF2
HFC-143
CHF2CH2CF3
HFC-245fa
1 030
CF3CH2CF2CH3
HFC-365mfc
CF3CHFCF3
HFC-227ea
3 220
CH2FCF2CF3
HFC-236cb
1 340
Group
Substance
100-Year Global Warming
Potential
CHF2CHFCF3
HFC-236ea
1 370
CF3CH2CF3
HFC-236fa
9 810
CH2FCF2CHF2
HFC-245ca
CF3CHFCHFCF2
HFC-43-10mee
1 640
CF3
CH2F2
HFC-32
CHF2CF3
HFC-125
3 500
CH3CF3
HFC-143a
4 470
CH3F
HFC-41
CH2FCH2F
HFC-152
CH3CHF2
HFC-152a
Group II
CHF3
HFC-23
14 800".
6. In Annex II to the principal regulations, the words
"ANNEX II
Declaration by the European Economic Community"
thereof shall be substituted by the words
"THIRD SCHEDULE
Declaration by the European Economic Community".
7. In the Maltese version only, immediately after the Second
Schedule to the principal regulations there shall be added the
following new heading of the Third Schedule, as amended, which is
published in full only in the English language version of the principal
regulations
"IT-TIELET SKEDA
Declaration by the European Economic Community
[It-Tielet Skeda qiegħda tiġi ppubblikata biss fil-lingwa bl-
Ingliż flimkien mat-test Ingliż.]".
€4.59