VIENNA CONVENTION FOR THE PROTECTION OF THE OZONE LAYER AND THE MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE

THAT DEPLETE THE OZONE LAYER (INCORPORATION)

SUBSIDIARY LEGISLATION 549.16

VIENNA CONVENTION FOR THE PROTECTION OF

THE OZONE LAYER AND THE MONTREAL

PROTOCOL ON SUBSTANCES THAT DEPLETE

THE OZONE LAYER (INCORPORATION)

REGULATIONS

1st March, 2002

LEGAL NOTICE 226 of 2001, as amended by Legal Notice 259 of 2025.

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)

Regulations.

Amended by

VIENNA CONVENTION FOR THE PROTECTION OF THE

L.N. 259 of 2025.

OZONE LAYER

PREAMBLE

THE PARTIES TO THIS CONVENTION,

AWARE of the potentially harmful impact on human health and the environment

through modification of the ozone layer,

RECALLING the pertinent provisions of the Declaration of the United Nations

Conference on the Human Environment, and in particular principle 21, which

provides that 'States have, in accordance with the Charter of the United Nations and

the principles of international law, the sovereign right to exploit their own resources

pursuant to their own environmental policies, and the responsibility to ensure that

activities within their jurisdiction or control do not cause damage to the environment

of other States or of areas beyond the limits of national jurisdiction',

TAKING INTO ACCOUNT the circumstances and particular requirements of

developing countries,

MINDFUL of the work and studies proceeding within both international and

national organizations and, in particular, of the World Plan of Action on the Ozone

Layer of the United Nations Environment Programme,

MINDFUL ALSO of the precautionary measures for the protection of the ozone

layer which have already been taken at the national and international levels,

AWARE that measures to protect the ozone layer from modifications due to human

activities require international cooperation and action, and should be based on

relevant scientific and technical considerations,

AWARE ALSO of the need for further research and systematic observations to

further develop scientific knowledge of the ozone layer and possible adverse effects

resulting from its modification,

DETERMINED to protect human health and the environment against adverse

effects resulting from modification of the ozone layer,

HAVE AGREED AS FOLLOWS

Article 1

Definitions

For the purposes of this Convention

1. 'The ozone layer' means the layer of atmospheric ozone above the planetary

boundary layer.

2. 'Adverse effects' means changes in the physical environment or biota,

including changes in climate, which have significant deleterious effects on human

health or on the composition, resilience and productivity of natural and managed

ecosystems, or on materials useful to mankind.

(1) The Vienna Convention for the Protection of the Ozone

Layer done at Vienna on the twenty-second day of March, 1985 and

the Montreal Protocol on Substances that Deplete the Ozone Layer

done at Montreal on the sixteenth day of September, 1987 as

amended by the Kigali Amendment adopted at Kigali on October 15,

2016, and entered into force on January 1, 2019 shall form part of the

laws of Malta.

(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.

Substituted by

MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE

L.N. 249 of 2025.

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,

N o t in g t he p r e c a ut i on a r y m e a s u re s f o r c on t ro l li n g e m i s s i on s of c e r t a i n

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,

THAT DEPLETE THE OZONE LAYER (INCORPORATION)

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".

6. "Consumption" means production plus imports minus exports of controlled

substances.

7. "Calculated levels" of production, imports, exports, and consumption means

levels determined in accordance with Article 3.

'Alternative technologies or equipment' means technologies or equipment

the use of which makes it possible to reduce or effectively eliminate emissions of

THAT DEPLETE THE OZONE LAYER (INCORPORATION)

substances which have or are likely to have adverse effects on the ozone layer.

Amended by

Declaration by the European Economic Community

L.N. 259 of 2025.

Declaration by the European Economic Community in conformity with Article

13(3) of the Vienna Convention for the protection of the ozone layer concerning the

extent of its competence with respect to the matters covered by the Convention and

by the Montreal Protocol on substances that deplete the ozone layer

In accordance with the relevant Articles of the EEC Treaty, the Community has

competence to take action relating to the preservation, protection and improvement

of the quality of the environment.

The Community has exercised its competence in the area covered by the Vienna

Convention and the Montreal Protocol in adopting Council Decision 80/372/EEC of

26 March 1980 concerning chlorofluorocarbons in the environment, Council

Decision 82/795/EEC of 15 November 1982 on the consolidation of precautionary

measures concerning chlorolluorocarbons in the environment ($) and Council

Regulation (EEC) No 3322/88 of 14 October 1988 on certain chlorolluorocarbons

and halons which deplete the ozone layer. The Community may well exercise its

competence in the future by adopting further legislation in this area.

In the field of research in the environment, as referred to by the Convention, the

Community has a certain competence by virtue of Council Decision 86/234/EEC of

10 June 1986 adopting multi-annual R & D programmes in the field of the

environment (1986 to 1990).

'Alternative substances' means substances which reduce, eliminate or avoid

adverse effects on the ozone layer.

'Parties' means, unless the text otherwise indicates, Parties to this

Convention.

'Regional economic integration organization' means an organization

constituted by sovereign States of a given region which has competence in respect of

matters governed by this Convention or its protocols and has been duly authorized,

in accordance with its internal procedures, to sign, ratify, accept, approve or accede

to the instruments concerned.

'Protocols' means protocols to this Convention.

Article 2

General obligations

1. The Parties shall take appropriate measures in accordance with the

provisions of this Convention and of those protocols in force to which they are party

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.

2. To this end the Parties shall, in accordance with the means at their disposal

and their capabilities

(a) cooperate by means of systematic observations, research and

information exchange in order to better understand and assess the

effects of human activities on the ozone layer and the effects on human

health and the environment from modification of the ozone layer;

(b) adopt appropriate legislative or administrative measures and cooperate

in harmonizing appropriate policies to control, limit, reduce or prevent

human activities under their jurisdiction or control should it be found

that these activities have or are likely to have adverse effects resulting

from modification or likely modification of the ozone layer;

(c) cooperate in the formulation of agreed measures, procedures and

standards for the implementation of this Convention, with a view to the

adoption of protocols and annexes;

(d) cooperate with competent international bodies to implement effectively

this Convention and protocols to which they are party.

3. The provisions of this Convention shall in no way affect the right of Parties

to adopt, in accordance with international law, domestic measures additional to those

referred to in paragraphs 1 and 2 above, nor shall they affect additional domestic

m e a s u r e s a l r e a d y t a k e n b y a P a r t y, p r o v i d e d t h a t t h e s e m e a s u r e s a r e n o t

incompatible with their obligations under this Convention.

4. The application of this Article shall be based on relevant scientific and

technical considerations.

Article 3

Research and systematic observations

1. The Parties undertake, as appropriate, to initiate and cooperate in, directly or

through competent international bodies, the conduct of research and scientific

assessments on

(a) the physical and chemical processes that may affect the ozone layer;

(b) the human health and other biological effects deriving from any

modifications of the ozone layer, particularly those resulting from

changes in ultraviolet solar radiation having biological effects (UV-B);

(c) climatic ejects deriving from any modifications of the ozone layer;

(d) ejects deriving from any modifications of the ozone layer and any

consequent change in UV-B radiation on natural and synthetic materials

useful to mankind;

(e) substance, practices, processes and activities that may affect the ozone

layer, and their cumulative effects;

(f)

alternative substances and technologies;

(g) related socio-economic matters;

and as further elaborated in Annexes I and II.

2. The Parties undertake to promote or establish, as appropriate, directly or

through competent international bodies and taking fully into account national

legislation and relevant ongoing activities at both the national and international

levels, joint or complementary programmes for systematic observations of the state

of the ozone layer and other relevant parameters, as elaborated in Annex I.

3. The Parties undertake to cooperate, directly or through competent

international bodies, in ensuring the collection, validation and transmission of

research and observational data through appropriate world data centres in a regular

and timely fashion.

Article 4

Cooperation in the legal, scientific and technical fields

1. The Parties shall facilitate and encourage the exchange of scientific,

technical, socio-economic, commercial and legal information relevant to this

Convention as further elaborated in Annex II. Such information shall be supplied to

bodies agreed upon by the Parties. Any such body receiving information regarded as

confidential by the supplying Party shall ensure that such information is not

disclosed and shall aggregate it to protect its confidentiality before it is made

available to all Parties.

2. The Parties shall cooperate, consistent with their national laws, regulations

and practices and taking into account in particular the needs of the developing

countries, in promoting, directly or through competent international bodies, the

development and transfer of technology and knowledge. Such cooperation shall be

carried out particularly through

(a) facilitation of the acquisition of alternative technologies by other

Parties;

(b) provision of information on alternative technologies and equipment, and

supply of special manuals or guides to them;

(c) the supply of necessary equipment and facilities for research and

systematic observations;

(d) appropriate training of scientific and technical personnel.

THAT DEPLETE THE OZONE LAYER (INCORPORATION)

Article 5

Transmission of information

The Parties shall transmit, through the secretariat, to the Conference of the Parties

established under Article 6, information on the measures adopted by them in

implementation of this Convention and of protocols to which they are party in such

form and at such intervals as the meetings of the parties to the relevant instruments

may determine.

Article 6

Conference of the Parties

1. A Conference of the Parties is hereby established. The first meeting of the

Conference of the Parties shall be convened by the secretariat designated on an

interim basis under Article 7 not later than one year after entry into force of this

Convention. Thereafter, ordinary meetings of the Conference of the Parties shall be

held at regular intervals to be determined by the Conference at its first meeting.

2. Extraordinary meetings of the Conference of the Parties shall be held at such

other times as may be deemed necessary by the Conference, or at the written request

of any Party, provided that, within six months of the request being communicated to

them by the secretariat, it is supported by at least one-third of the Parties.

3. The Conference of the Parties shall by consensus agree upon and adopt rules

of procedure and financial rules for itself and for any subsidiary bodies it may

establish, as well as financial provisions governing the functioning of the secretariat.

4. The Conference of the Parties shall keep under continuous review the

implementation of this Convention, and, in addition, shall

(a) establish the form and the intervals for transmitting the information to

be submitted in accordance with Article 5 and consider such

information as well as reports submitted by any subsidiary body;

(b) review the scientific information on the ozone layer, on its possible

modification and on possible effects of any such modification;

(c) promote, in accordance with Article 2, the harmonization of appropriate

policies, strategies and measures for minimizing the release of

substances causing or likely to cause modification of the ozone layer,

and make recommendations on any other measures relating to this

Convention;

(d) adopt, in accordance with Articles 3 and 4, programmes for research,

systematic observations, scientific and technological cooperation, the

exchange of information and the transfer of technology and knowledge;

(e) consider and adopt, as required, in accordance with Articles 9 and 10,

amendments to this Convention and its annexes;

(f)

consider amendments to any protocol, as well as to any annexes thereto,

and, if so decided, recommend their adoption to the parties to the

protocol concerned;

(g) consider and adopt, as required, in accordance with Article 10,

additional annexes to this Convention;

(h) consider and adopt, as required, protocols in accordance with Article 8;

(i)

establish such subsidiary bodies as are deemed necessary for the

implementation of this Convention;

VIENNA CONVENTION FOR THE PROTECTION OF THE OZONE

LAYER AND THE MONTREAL PROTOCOL ON SUBSTANCES

THAT DEPLETE THE OZONE LAYER (INCORPORATION)

(j)

seek, where appropriate, the service of competent international bodies

and scientific committees, in particular the World Meteorological

Organization and the World Health Organization, as well as the

Coordinating Committee on the Ozone Layer, in scientific research,

systematic observations and other activities pertinent to the objectives

of this Convention, and make use as appropriate of information from

these bodies and committees;

(k) consider and undertake any additional action that may be required for

the achievement of the purposes of this Convention.

5. The United Nations, its specialized agencies and the International Atomic

Energy Agency, as well as any State not party to this Convention, may be

represented at meetings of the Conference of the Parties by observers. Any body or

agency, whether national or international, governmental or non-governmental,

qualified in fields relating to the protection of the ozone layer which has informed

the secretariat of its wish to be represented at a meeting of the Conference of the

Parties as an observer may be admitted unless at least one-third of the Parties present

object. The admission and participation of observers shall be subject to the rules of

procedure adopted by the Conference of the Parties.

Article 7

Secretariat

1. The functions of the secretariat shall be

(a) to arrange for and service meetings provided for in Articles 6, 8, 9 and

10;

(b) to prepare and transmit reports based upon information received in

accordance with Articles 4 and 5, as well as upon information derived

from meetings of subsidiary bodies established under Article 6;

(c) to perform the functions assigned to it by any protocol;

(d) to prepare reports on its activities carried out in implementation of its

functions under this Convention and present them to the Conference of

the Parties;

(e) to ensure the necessary coordination with other relevant international

bodies, and in particular to enter into such administrative and

contractual arrangements as may be required for the effective discharge

of its functions;

(f)

to perform such other functions as may be determined by the

Conference of the Parties.

2. The secretariat functions will be carried out on an interim basis by the

United Nations Environment Programme until the completion of the first ordinary

meeting of the Conference of the Parties held pursuant to Article 6. At its first

ordinary meeting, the Conference of the Parties shall designate the secretariat from

amongst those existing competent international organizations which have signified

their willingness to carry out the secretariat functions under this Convention.

Article 8

Adoption of protocols

1. The Conference of the Parties may at a meeting adopt protocols pursuant to

THAT DEPLETE THE OZONE LAYER (INCORPORATION)

2. The text of any proposed protocol shall be communicated to the Parties by

the secretariat at least six months before such a meeting.

Article 9

Amendment of the Convention or protocols

1. Any Party may propose amendments to this Convention or to any protocol.

Such amendments shall take due account, inter alia, of relevant scientific and

technical considerations.

2. Amendments to this Convention shall be adopted at a meeting of the

Conference of the Parties. Amendments to any protocol shall be adopted at a meeting

of the Parties to the protocol in question. The text of any proposed amendment to

this Convention or to any protocol, except as may otherwise be provided in such

protocol, shall be communicated to the Parties by the secretariat at least six months

before the meeting at which it is proposed for adoption. The secretariat shall also

communicate proposed amendments to the signatories to this Convention for

information.

3. The Parties shall make every effort to reach agreement on any proposed

amendment to this Convention by consensus. If all efforts at consensus have been

exhausted, and no agreement reached, the amendment shall as a last resort be

adopted by a three-fourths majority vote of the Parties present and voting at the

meeting, and shall be submitted by the Depositary to all Parties for ratification,

approval or acceptance.

4. The procedure mentioned in paragraph 3 above shall apply to amendments

to any protocol, except that a two-thirds majority of the parties to that protocol

present and voting at the meeting shall suffice for their adoption.

5. Ratification, approval or acceptance of amendments shall be notified to the

Depositary in writing. Amendments adopted in accordance with paragraphs 3 or 4

above shall enter into force between parties having accepted them on the 90th day

after the receipt by the Depositary of notification of their ratification, approval or

acceptance by at least three-fourths of the Parties to this Convention or by at least

two-thirds of the parties to the protocol concerned, except as may otherwise be

provided in such protocol. Thereafter the amendments shall enter into force for any

other Party on the 90th day after that Party deposits its instrument of ratification,

approval or acceptance of the amendments.

6. For the purposes of this Article 'Parties present and voting' means Parties

present and casting an affirmative or negative vote.

Article 10

Adoption and amendment of annexes

1. The annexes to this Convention or to any protocol shall form an integral part

of this Convention or of such protocol, as the case may be, and, unless expressly

provided otherwise, a reference to this Convention or its protocols constitutes at the

same time a reference to any annexes thereto. Such annexes shall be restricted to

scientific, technical and administrative matters.

2. Except as may be otherwise provided in any protocol with respect to its

annexes, the following procedure shall apply to the proposal, adoption and entry into

force of additional annexes to this Convention or of annexes to a protocol

(a) annexes to this Convention shall be proposed and adopted according to

the procedure laid down in Article 9, paragraphs 2 and 3, while annexes

to any protocol shall be proposed and adopted according to the

procedure laid down in Article 9, paragraphs 2 and 4;

(b) any party that is unable to approve an additional annex to this

Convention or an annex to any protocol to which it is party shall so

notify the Depositary, in writing, within six months from the date of the

communication of the adoption by the Depositary. The Depositary shall

without delay notify all Parties of any such notification received. A

Party may at any time substitute an acceptance for a previous

declaration of objection and the annexes shall thereupon enter into force

for that Party;

(c) on the expiry of six months from the date of the circulation of the

communication by the Depositary, the annex shall become elective for

all Parties to this Convention or to any protocol concerned which have

not submitted a notification in accordance with the provision of

subparagraph (b) above.

3. The proposal, adoption and entry into force of amendments to annexes to

this Convention or to any protocol shall be subject to the same procedure as for the

proposal, adoption and entry into force of annexes to the Convention or annexes to a

protocol. Annexes and amendments thereto shall take due account, inter alia, of

relevant scientific and technical consideration.

4. If an additional annex or an amendment to an annex involves an amendment

to this Convention or to any protocol, the additional annex or amended annex shall

not enter into force until such time as the amendment to this Convention or to the

protocol concerned enters into force.

Article 11

Settlement of disputes

1. In the event of a dispute between Parties concerning the interpretation or

application of this Convention, the parties concerned shall seek solution by

negotiation.

2. If the parties concerned cannot reach agreement by negotiation, they may

jointly seek the good offices of, or request mediation by, a third party.

3. When ratifying, accepting, approving or acceding to this Convention, or at

any time thereafter, a State or regional economic integration organization may

declare in writing to the Depositary that for a dispute not resolved in accordance

with paragraph 1 or 2 above, it accepts one or both of the following means of dispute

settlement as compulsory

(a) arbitration in accordance with procedures to be adopted by the

Conference of the Parties at its first ordinary meeting;

(b) submission of the dispute to the International Court of Justice.

4. If the parties have not, in accordance with paragraph 3 above, accepted the

same or any procedure, the dispute shall be submitted to conciliation in accordance

with paragraph 5 below unless the parties otherwise agree.

5. A conciliation commission shall be created upon the request of one of the

parties to the dispute. The commission shall be composed of an equal number of

members appointed by each party concerned and a chairman chosen jointly by the

members appointed by each party. The commission shall render a final and

recommendatory award, which the parties shall consider in good faith.

THAT DEPLETE THE OZONE LAYER (INCORPORATION)

6. The provisions of this Article shall apply with respect to any protocol except

as otherwise provided in the protocol concerned.

Article 12

Signature

This Convention shall be open for signature by States and by regional economic

integration' organizations at the Federal Ministry for Foreign Affairs of the Republic

of Austria in Vienna from 22 March 1985 to 21 September 1985, and at United

Nations Headquarters in New York from 22 September 1985 to 21 March 1986.

Article 13

Ratification, acceptance or approval

1. This Convention and any protocol shall be subject to ratification, acceptance

or approval by States and by regional economic integration organizations.

Instruments of ratification, acceptance or approval shall be deposited with the

Depositary.

2. Any organization referred to in paragraph 1 above which becomes a Party to

this Convention or any protocol without any of its member States being a Party shall

be bound by all the obligations under the Convention or the protocol, as the case may

be. In the case of such organizations, one or more of whose member States is a Party

to the Convention or relevant protocol, the organization and its member States shall

decide on their respective responsibilities for the performance of their obligation

under the Convention or protocol, as the case may be. In such cases, the organization

and the member States shall not be entitled to exercise rights under the Convention

or relevant protocol concurrently.

3. In their instruments of ratification, acceptance or approval, the organizations

referred to in paragraph 1 above shall declare the extent of their competence with

respect to the matters governed by the Convention or the relevant protocol. These

organizations shall also inform the Depositary of any substantial modification in the

extent of their competence.

Article 14

Accession

1. This Convention and any protocol shall be open for accession by States and

by regional economic integration organizations from the date on which the

Convention or the protocol concerned is closed for signature. The instruments of

accession shall be deposited with the Depositary.

2. In their instruments of accession, the organizations referred to in paragraph

1 above shall declare the extent of their competence with respect to the matters

governed by the Convention or the relevant protocol. These organizations shall also

inform the Depositary of any substantial modification in the extent of their

competence.

3. The provisions of Article 13, paragraph 2, shall apply to regional economic

integration organizations which accede to this Convention or any protocol.

Article 15

Right to vote

1. Each Party to this Convention or to any protocol shall have one vote.

2. Except as provided for in paragraphs 1 above, regional economic integration

organizations, in matters within their competence, shall exercise their right to vote

with a number of votes equal to the number of their member States which are Parties

to the Convention or the relevant protocol. Such organizations shall not exercise

their right to vote if their member States exercise theirs, and vice versa.

Article 16

Relationship between the Convention and its protocols

1. A State or a regional economic integration organization may not become a

party to a protocol unless it is, or becomes at the same time, a Party to the

Convention.

2. Decisions concerning any protocol shall be taken only by the parties to the

protocol concerned.

Article 17

Entry into force

1. This Convention shall enter into force on the 90th day after the date of

deposit of the 20th instrument of ratification, acceptance, approval or accession.

2. Any protocol, except as otherwise provided in such protocol, shall enter into

force on the 90th day after the date of deposit of the 11th instrument of ratification,

acceptance or approval of such protocol or accession thereto.

3. For each Party which ratifies, accepts or approves this Convention or

accedes thereto after the deposit of the 20th instrument of ratification, acceptance,

approval or accession, it shall enter into force on the 90th day after the date of

deposit by such Party of its instrument of ratification, acceptance, approval or

accession.

4. Any protocol,. except as otherwise provided in such protocol, shall enter

into force for a party that ratifies, accepts or approves that protocol or accedes

thereto after its entry into force pursuant to paragraph 2 above, on the 90th day after

the date on which that party deposits its instrument of ratification, acceptance,

approval or accession, or on the date on which the Convention enters into force for

that Party, whichever shall be the later.

5. For the purpose of paragraphs 1 and 2 above, any instrument deposited by a

regional economic integration organization shall not be counted as additional to

those deposited by member States of such organization.

Article 18

Reservations

No reservations may be made to this Convention.

Article 19

Withdrawal

1. At any time after four years from the date on which this Convention has

entered into force for a Party, that Party may withdraw from the Convention by

giving written notification to the Depositary.

2. Except as may be provided in any protocol, at any time after four years from

the date on which such protocol has entered into force for a party, that party may

withdraw from the protocol by giving written notification to the Depositary.

3. Any such withdrawal shall take effect upon expiry of one year after the date

THAT DEPLETE THE OZONE LAYER (INCORPORATION)

of its receipt by the Depositary, or on such later date as may be specified in the

notification of the withdrawal.

4. Any Party which withdraws from this Convention shall be considered as also

having withdrawn from any protocol to which it is party.

Article 20

Depositary

1. The Secretary-General of the United Nations shall assume the functions of

depository of this Convention and any protocols.

2. The Depositary shall inform the Parties, in particular, of

(a) the signature of this Convention and of any protocol, and the deposit of

instruments of ratification, acceptance, approval or accession in

accordance with Articles 13 and 14;

(b) the date on which the Convention and any protocol will come into force

in accordance with Article 17;

(c) notification of withdrawal made in accordance with Article 19;

(d) Amendments adopted with respect to the Convention and any protocol,

their acceptance by the parties and their date of entry into force in

accordance with Article 9;

(e) all communications relating to the adoption and approval of annexes

and to the amendment of annexes in accordance with Article 10;

(f)

notifications by regional economic integration organizations of the

extent of their competence with respect to matters governed by this

Convention and any protocols, and of any modifications thereof;

(g) declarations made in accordance with Article 11, paragraph 3.

Article 21

Authentic texts

The original of this Convention, 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 Convention.

Done at Vienna on the 22nd day of March 1985.

Annex I

RESEARCH AND SYSTEMATIC OBSERVATIONS

1. The Parties to the Convention recognize that the major scientific issues are

(a) modification of the ozone layer which would result in a change in the

amount of solar ultraviolet radiation having biological effects (UV-B) that reaches

the Earth’s surface and the potential consequences for human health, for organisms,

ecosystems and materials useful to mankind;

(b) modification of the vertical distribution of ozone, which could change the

temperature structure of the atmosphere and the potential consequences for weather

and climate.

2. The Parties to the Conventions in accordance with Article 3, shall cooperate

VIENNA CONVENTION FOR THE PROTECTION OF THE OZONE

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in conducting research and systematic observations and in formulating

recommendations for future research and observation in such areas as

(a)

Research into the physics and chemistry of the atmosphere

(i)

comprehensive theoretical models: further development of models

which consider the interaction between radiative, dynamic and

chemical processes; studies of the simultaneous effects of various

man-made and naturally occurring species upon atmospheric ozone;

interpretation of satellite and non-satellite measurement data sets;

evaluation of trends in atmospheric and geophysical parameters, and

the development of methods for attributing changes in these

parameters to specific causes;

(ii)

laboratory studies of rate coefficients, absorption cross-sections and

mechanisms of tropospheric and stratospheric chemical and

photochemical processes; spectroscopic data to support field

measurements in all relevant spectral regions;

(iii)

field measurements: the concentration and fluxes of key source gases

of both natural and anthropogenic origin; atmospheric dynamics

studies; simultaneous measurements of photochemically related

species down to the planetary boundary layer, using in situ and remote

sensing instruments; intercomparison of different sensors, including

coordinated correlative measurements for satellite instrumentation;

three-dimensional fields of key atmospheric trace constituents, solar

spectral flux and meteorological parameters;

(iv)

instrument development, including satellite and non-satellite sensors

for atmospheric trace constituents, solar flux and meteorological

parameters;

(b)

Research into health, biological and photodegradation effects

(i)

the relationship between human exposure to visible and ultraviolet

solar radiation and (a) the development of both non-melanoma and

melanoma skin cancer and (b) the effects on the immunological

system;

(ii)

effects of UV-B radiation, including the wavelength dependence, upon

(a) agricultural crops, forests and other terrestrial ecosystems, and (b)

the aquatic food web and fisheries, as well as possible inhibition of

oxygen production by marine phytoplankton;

(iii)

the mechanisms by which UV-B radiation acts on biological materials,

species and ecosystems, including: the relationship between dose, dose

rate, and response; photorepair, adaptation, and protection;

(iv)

studies of biological action spectra and the spectral response using

polychromatic radiation in order to include possible interactions of the

various wavelength regions;

(v)

the influence of UV-B radiation on: the sensitivities and activities of

biological species important to the biospheric balance; primary

processes such as photosynthesis and biosynthesis;

(vi)

the influence of UV-B radiation on the photodegradation of pollutants,

agricultural chemicals and other materials;

(c)

Research on effects on climate

THAT DEPLETE THE OZONE LAYER (INCORPORATION)

(i)

theoretical and observational studies of the radiative effects of ozone

and other trace species and the impact on climate parameters, such as

land and ocean surface temperatures, precipitation patterns, the

exchange between the troposphere and stratosphere;

(ii)

the investigation of the effects of such climate impacts on various

aspects of human activity;

(d)

Systematic observations on

(i)

the status of the ozone layer (i.e. the spatial and temporal variability of

the total column content and vertical distribution) by making the

Global Ozone Observing System, based on the integration of satellite

and ground-based systems, fully operational;

(ii)

the tropospheric and stratospheric concentrations of source gases for

the HOx, NOx, ClOx and carbon families;

(iii)

the temperature from the ground to the mesosphere, utilizing both

ground-based and satellite systems;

(iv)

wavelength-resolved solar flux reaching, and thermal radiation

leaving, the Earth’s atmosphere, utilizing satellite measurements;

(v)

wavelength-resolved solar flux reaching the Earth’s surface in the

ultraviolet range having biological effects (UV-B);

(vi)

aerosol properties and distribution from the ground to the mesosphere,

utilizing ground-based, airborne and satellite systems;

(vii) climatically important variables by the maintenance of programmes of

high-quality meteorological surface measurements;

(viii) trace species, temperatures, solar flux and aerosols utilizing improved

methods for analysing global data.

3. The Parties to the Convention shall cooperate, taking into account the

particular needs of the developing countries, in promoting the appropriate scientific

and technical training required to participate in the research and systematic

observations outlined in this annex. Particular emphasis should be given to the

intercalibration of observational instrumentation and methods with a view to

generating comparable or standardized scientific data sets.

4. The following chemical substances of natural and anthropogenic origin, not

listed in order of priority, are thought to have the potential to modify the chemical

and physical properties of the ozone layer.

(a)

Carbon substances

(i)

Carbon monoxide (CO)

Carbon monoxide has significant natural and anthropogenic sources,

and is thought to play a major direct role in tropospheric

photochemistry, and an indirect role in stratospheric photochemistry;

(ii)

Carbon dioxide (CO 2 )

Carbon dioxide has significant nature: and anthropogenic sources, and

affects stratospheric ozone by influencing the thermal structure of the

atmosphere;

(iii)

Methane (CH 4 )

Methane has both natural and anthropogenic sources, and effects both

VIENNA CONVENTION FOR THE PROTECTION OF THE OZONE

LAYER AND THE MONTREAL PROTOCOL ON SUBSTANCES

THAT DEPLETE THE OZONE LAYER (INCORPORATION)

tropospheric and stratospheric ozone;

(iv)

Non-methane hydrocarbon species

Non-methane hydrocarbon species, which consist of a large number of

chemical substances, have both natural and anthropogenic sources, and

play a direct role in tropospheric photochemistry and an indirect role

in stratospheric photochemistry;

(b)

Nitrogen substances

(i)

Nitrous oxide (N 2 O)

The dominant sources of N 2 O are natural, but anthropogenic

contributions are becoming increasingly important. Nitrous oxide is

the primary source of stratospheric NOx, which play a vital role in

controlling the abundance of stratospheric ozone;

(ii)

Nitrogen oxides (NOx)

Ground-level sources of NOx play a major direct role only in

tropospheric photochemical processes and an indirect role in

stratospheric photochemistry, whereas injection of NOx close to the

tropopause may lead directly to a change in upper tropospheric and

stratospheric ozone;

(c)

Chlorine substances

(i)

Fully halogenated alkanes, e.g. CCl 4 , CFCl 3 (CFC-11), CF 2 Cl 2 (CFC-

12), C 2 F 3 Cl 3 (CFC-113), C 2 F 4 Cl 2 (CFC-114)

Fully halogenated alkanes are anthropogenic and act as a source of

ClOx, which plays a vital role in ozone photochemistry, especially in

the 30 to 50 kilometre altitude region;

(ii)

Partially halogenated alkanes, e.g. CH 3 Cl, CHF 2 Cl (CFC-22),

CH 3 CCl 3 , CHFCl 2 (CFC-21)

The sources of CH 3 C1 are natural, whereas the other partially

halogenated alkanes mentioned above are anthropogenic in origin.

These gases also act as a source of stratospheric ClOx;

(d)

Bromine substances

Fully halogenated alkanes, e.g. CF 3 Br

These gases are anthropogenic and act as a source of BrOx, which

behaves in a manner similar to ClOx;

(e)

Hydrogen substances

(i)

Hydrogen (H 2 )

Hydrogen, the source of which is natural and anthropogenic, plays a

minor role in stratospheric photochemistry;

(ii)

Water (H 2 O)

Water, the source of which is natural, plays a vital role in both

tropospheric and stratospheric photochemistry. Local sources of water

vapour in the stratosphere include the oxidation of methane and, to a

lesser extent, of hydrogen.

THAT DEPLETE THE OZONE LAYER (INCORPORATION)

Annex II

INFORMATION EXCHANGE

1. The Parties to the Convention recognize that the collection and sharing of

info rmati on is an impo rtant means of impl em entin g the o bjectives of this

Convention and of assuring that any actions that may be taken are appropriate and

equitable. Therefore, Parties shall exchange scientific, technical, socio-economic,

business, commercial and legal information.

2. The Parties to the Convention, in deciding what information is to be

collected and exchanged, should take into account the usefulness of the information

and the costs of obtaining it. The Parties further recognize that cooperation under

this Annex has to be consistent with national laws, regulations and practices

regarding patents, trade secrets, and protection of confidential and proprietary

information.

3. Scientific information

This includes information on

(a) planned and ongoing research, both governmental and private, to

facilitate the coordination of research programmes so as to make the

most effective use of available national and international resources;

(b) the emission data needed for research;

(c) scientific results published in peer-reviewed literature on the

understanding of the physics and chemistry of the Earth's atmosphere

and of its susceptibility to change, in particular on the state of the ozone

layer and effects on human health, environment and climate which

would result from changes on all time-scales in either the total column

content or the vertical distribution of ozone;

(d) the assessment of research results and the recommendations for future

research.

4. Technical information

This includes information on

(a) the availability and cost of chemical substitutes and of alternative

technologies to reduce the emissions of ozone-modifying substances

and related planned and ongoing research;

(b) the limitations and any risks involved in using chemical or other

substitutes and alternative technologies.

5. Socio-economic and commercial information on the substances referred to

This includes information on

(a) production and production capacity;

(b) use and use patterns;

(c) imports/exports;

(d) the costs, risks and benefits of human activities which may indirectly

modify the ozone layer and of the impacts of regulatory actions taken or

being considered to control these activities.

6. Legal information

This includes information on

(a) national laws, administrative measures and legal research relevant to the

protection of the ozone layer;

(b) international agreements, including bilateral agreements, relevant to the

protection of the ozone layer;

(c) methods and terms of licensing and availability of patents relevant to

the protection of the ozone layer.

"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

THAT DEPLETE THE OZONE LAYER (INCORPORATION)

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

THAT DEPLETE THE OZONE LAYER (INCORPORATION)

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

THAT DEPLETE THE OZONE LAYER (INCORPORATION)

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

THAT DEPLETE THE OZONE LAYER (INCORPORATION)

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

THAT DEPLETE THE OZONE LAYER (INCORPORATION)

(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 of

(a)

production by

(i)

multiplying its annual production of each controlled substance by the

THAT DEPLETE THE OZONE LAYER (INCORPORATION)

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,

THAT DEPLETE THE OZONE LAYER (INCORPORATION)

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.

THAT DEPLETE THE OZONE LAYER (INCORPORATION)

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.

VIENNA CONVENTION FOR THE PROTECTION OF THE OZONE

LAYER AND THE MONTREAL PROTOCOL ON SUBSTANCES

THAT DEPLETE THE OZONE LAYER (INCORPORATION)

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

THAT DEPLETE THE OZONE LAYER (INCORPORATION)

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

the servicing of refrigeration and air conditioning equipment existing on 1

January 2030;

the servicing of fire suppression and fire protection equipment existing on 1

January 2030;

solvent applications in rocket engine manufacturing; and

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

the servicing of refrigeration and air conditioning equipment existing on 1

January 2030;

the servicing of fire suppression and fire protection equipment existing on 1

January 2030;

solvent applications in rocket engine manufacturing; and

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%).

THAT DEPLETE THE OZONE LAYER (INCORPORATION)

(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

THAT DEPLETE THE OZONE LAYER (INCORPORATION)

(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

THAT DEPLETE THE OZONE LAYER (INCORPORATION)

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 to

(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 2;

(d) establish, where necessary, guidelines or procedures for reporting of

information as provided for in Article 7 and paragraph 3 of Article 9;

(e) review requests for technical assistance submitted pursuant to paragraph

2 of Article 10;

(f)

review reports prepared by the secretariat pursuant to 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

THAT DEPLETE THE OZONE LAYER (INCORPORATION)

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 tetrachloride

1.1

Group III

C2H3Cl3*

1,1,1-trichloroethane*

0.1

(methyl chloroform)

* This formula does not refer to 1,1,2-trichloroethane.

THAT DEPLETE THE OZONE LAYER (INCORPORATION)

Annex C

Controlled substances

Group

Substance

Number of

Ozone-Depleting 100-Year Global

isomers

Potential*

Warming

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

C3H3F2Cl3

(HCFC-242)

0.005–0.13

C3H3F3Cl2

(HCFC-243)

0.007–0.12

C3H3F4Cl

(HCFC-244)

0.009–0.14

Group

Substance

Number of

Ozone-Depleting 100-Year Global

isomers

Potential*

Warming

Potential***

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

C3H3F4Br

0.3-4.4

C3H4FBr3

0.03-0.3

C3H4F2Br2

0.1-1.0

C3H4F3Br

0.07-0.8

THAT DEPLETE THE OZONE LAYER (INCORPORATION)

Group

Substance

Number of

Ozone-Depleting 100-Year Global

isomers

Potential*

Warming

Potential***

C3H5FBr2

0.04-0.4

C3H5F2Br

0.07-0.8

C3H6FBr

0.02-0.7

Group III

CH2BrCl

bromochlorometh

0.12

ane

* 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

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

VIENNA CONVENTION FOR THE PROTECTION OF THE OZONE

LAYER AND THE MONTREAL PROTOCOL ON SUBSTANCES

THAT DEPLETE THE OZONE LAYER (INCORPORATION)

* 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

CHF2CHFCF3

HFC-236ea

1 370

CF3CH2CF3

HFC-236fa

9 810

CH2FCF2CHF2

HFC-245ca

CF3CHFCHFCF2CF3

HFC-43-10mee

1 640

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

THAT DEPLETE THE OZONE LAYER (INCORPORATION)