The Vienna Convention (1985)
The Montreal Protocol (1987)
Fifth edition (2000)

UNEP
Ozone
Secretariat
United Nations Environment Programme
Published 2000
by
Secretariat for
The Vienna Convention for the Protection
of the Ozone Layer &
The Montreal Protocol on Substances that Deplete
the Ozone Layer
United Nations Environment Programme
PO Box 30552
Nairobi
Kenya
web site: /ozone
ISBN: 92-807-1867-3
Printed and bound in Kenya by UNON. Printed on recycled paper.
Cover design by UNON Printshop (March 2000)
Co-ordination: K.
Madhava Sarma, Executive Secretary, Ozone Secretariat, UNEP
Gilbert M. Bankobeza,
Senior Legal Officer, Ozone Secretariat, UNEP
Research and editing: Duncan
Brack, Consultant (dbrack@dircon.co.uk)
Michael Graber, Ozone Secretariat,
UNEP
Nelson Sabogal, Ozone Secretariat, UNEP
Ruth Batten, Ozone Secretariat,
UNEP
Gerald Mutisya, Ozone Secretariat, UNEP
Layout and Formatting: Duncan
Brack, Consultant (dbrack@dircon.co.uk)
Martha A. Mulumba, Ozone Secretariat,
UNEP
Summary Contents
Foreword
Guide to this Handbook
Index to Key Words
Contents Parts I - V
Part I: The Vienna Convention
Part II: The Montreal Protocol
Part III: Rules of Procedure
Part IV: The Evolution of the Montreal Protocol
Part V: Sources of Further Information
Welcome
to the millennium edition of the Handbook for the International Treaties for
the Protection of the Ozone Layer.
1999 was a momentous year for the ozone regime. The meeting of the parties to the Montreal Protocol in Beijing saw not only the latest replenishment of the Multilateral Fund but another amendment to the Protocol - the fourth since 1987 - bringing in one new substance, controlling, for the first time, the production of HCFCs, and ensuring that production for 'basic domestic needs' will gradually be phased out alongside consumption. In the same year, the Montreal Amendment, agreed in 1997 entered into force. And in July, in perhaps the most significant development, developing countries began to meet their first phase-out target - freeze- under the treaties.
These developments are proof of the dynamism of the Ozone Treaties and of the success of the unique step-by-step approach of the regime. As the world's attention has turned to other, seemingly more pressing environmental concerns such as climate change, it would have been easy to lose the momentum first created in 1985 in Vienna, and then in 1987 in Montreal. But the parties to the treaties have not let this happen. Indeed, the continuing health of the ozone regime, its persistence in finishing what it has started, and its adaptability in the face of new challenges, acts as a shining example of what the international community can achieve in the protection of the global environment.
We last published the Handbook for the International Treaties for the Protection of the Ozone Layer in 1996, incorporating comprehensively the Vienna Convention for the Protection of the Ozone Layer, the Montreal Protocol on Substances that Deplete the Ozone Layer, the decisions of the meetings of the Parties to the treaties, important decisions of the Executive Committee of the Multilateral Fund for the Protection of the Ozone Layer and other useful material available up to the end of 1995. The Handbook proved to be very popular with the delegates and observers who attend the meetings relating to these treaties as well as researchers, scholars, students, industrial undertakings and NGOs, and was supplemented by an Update in 1998, completing the material to the end of 1997.
Now, this comprehensive and reorganised new edition incorporates text from the fourth edition and its Update, and adds all relevant material up to the end of 1999. I hope you, the reader, find it a useful guide to the ozone treaties which are the outcome of the world's determination to protect the ozone layer.
Klaus Töpfer
Executive
Director, UNEP
The conclusion in 1985 of the Vienna Convention for the Protection of the Ozone Layer, followed in 1987 by the Montreal Protocol on Substances that Deplete the Ozone Layer, were the starting points of global co-operation for the protection of the Earth's stratospheric ozone layer. The five meetings held by the Parties to the Vienna Convention in 1989, 1991, 1993, 1996 and1999, and the eleven meetings held by the Parties to the Montreal Protocol every year from 1989 to 1999, have led to significant decisions designed to implement the objectives of the Convention and Protocol.
The Second, Fourth, Ninth and Eleventh Meetings of the Parties to the Montreal Protocol adopted, in accordance with the procedure laid down in paragraph 4 of Article 9 of the Vienna Convention, four Amendments to the Protocol - the "London Amendment" (1990), the "Copenhagen Amendment" (1992), the "Montreal Amendment" (1997) and the "Beijing Amendment" (1999).
The Second, Fourth, Seventh, Ninth and Eleventh Meetings of the Parties to the Montreal Protocol adopted, in accordance with the procedure laid down in paragraph 9 of Article 2 of the Montreal Protocol, certain adjustments and reductions of production and consumption of the controlled substances listed in the Annexes of the Protocol. The reports of all the meetings of the parties are available from the web site of the Ozone Secretariat (/ozone).
The fourth (1996) edition of the Handbook for the International Treaties for the Protection of the Ozone Layer and the 1997 Update brought the contents of the Handbook up to date to the end of 1997. The present Handbook updates the contents till the end of 1999, and supersedes all the earlier versions.
This Handbook is placed on our web site (/ozone) and will be updated on the web after every annual meeting. A CD-ROM version of the Handbook is also available.
It is hoped that the Handbook for the International Treaties for the Protection of the Ozone Layer will continue to prove useful. Suggestions to improve its format or content are always welcome.
K.
Madhava Sarma,
Executive Secretary
Ozone Secretariat
United Nations
Environment Programme
The vast majority of this Handbook is organized along the same lines as the Vienna Convention and Montreal Protocol themselves. The decisions of conferences and meetings of the Parties (together with their annexes) included in later sections are organized according to the order of the articles of each of the agreements.
This page therefore offers a brief guide to the main headings within the agreements. Please refer to the full contents (page
| Topic |
Article of |
Article of | |
| Amendment procedure |
9, 10 | ||
| Assessment |
6 | ||
|
Conference/Meeting of the Parties |
6 | 11 | |
| Control measures |
2-3, 6 | ||
|
Data reporting |
7 | ||
|
Definitions | 1 |
1 | |
|
Depositary | 20 | ||
| Developing countries |
5 | ||
|
Dispute settlement | 11 | ||
| Entry into force |
17 | 16-17 | |
| Financial mechanism (Multilateral Fund) |
10 | ||
|
Financial provisions |
13 | ||
|
Information exchange and cooperation |
4-5 | 9 | |
| Licensing |
4B | ||
|
Non-compliance |
8 | ||
|
Protocols to the Convention |
8, 16 | 14 | |
| Ratification, etc. |
12-14 | 15 | |
| Research |
3 | 9 | |
| Reservations |
18 | 18 | |
| Secretariat |
7 | 12 | |
| Technology transfer |
10A | ||
|
Trade with non-Parties |
4 | ||
|
Trade with Parties |
4A | ||
|
Voting rights | 15 | ||
| Withdrawal |
19 | 19 | |
Part I: The Vienna Convention
1.1 The Vienna Convention for the Protection of the Ozone Layer
Preamble
Article 1: Definitions
Article 2: General obligations
Article 3: Research and systematic observations
Article 4: Co-operation in the legal, scientific and technical fields
Article 5: Transmission of information
Article 6: Conference of the Parties
Article 7: Secretariat
Article 8: Adoption of protocols
Article 9: Amendment of the Convention or protocols
Article 10: Adoption and amendment of annexes
Article 11: Settlement of disputes
Article 12: Signature
Article 13: Ratification, acceptance or approval
Article 14: Accession
Article 15: Right to vote
Article 16: Relationship between the Convention and its protocols
Article 17: Entry into force
Article 18: Reservations
Article 19: Withdrawal
Article 20: Depositary
Article 21: Authentic texts
Annex I: Research and systematic observations
Annex II: Information exchange
1.2 Decisions adopted by the Conferences of the Parties to the Vienna Convention in respect of each article of the Convention
Index to the decisions
First Conference of the Parties (Helsinki, 26-28 April 1989)
Second Conference of the Parties (Nairobi, 17-19 June 1991)
Third Conference of the Parties (Bangkok, 23 November 1993)
Fourth Conference of the Parties (San José, 25 and 27 November 1996)
Fifth Conference of the Parties (Beijing, 29 November - 3 December 1999)
Article 3: Research and systematic observations
Decisions on Ozone Research Managers
Article 5: Transmission of information
Article 6: Conference of the Parties
Decisions on meetings of the Conference of the Parties
Decisions on financial matters
Article 7: Secretariat
Article 8: Adoption of protocols
Article 9: Amendments of the Convention or protocols
Article 11: Settlement of disputes
Article 14: Accession
Part II: The Montreal Protocol
2.1 The Montreal Protocol on Substances that Deplete the Ozone Layer
as adjusted and amended by the Second Meeting of the Parties (London, 27-29 June 1990) and by the Fourth Meeting of the Parties (Copenhagen, 23-25 November 1992) and further adjusted by the Seventh Meeting of the Parties (Vienna, 5-7 December 1995) and further adjusted and amended by the Ninth Meeting of the Parties (Montreal, 15-17 September 1997) and by the Eleventh Meeting of the Parties (Beijing, 29 November - 3 December 1999)
Preamble
Article 1: Definitions
Article 2: Control Measures
Introduction to the adjustments
Article 2A: CFCs
Article 2B: Halons
Article 2C: Other fully halogenated CFCs
Article 2D: Carbon tetrachloride
Article 2E: 1,1,1-Trichloroethane (Methyl chloroform)
Article 2F: Hydrochlorofluorocarbons
Article 2G: Hydrobromofluorocarbons
Article 2H: Methyl bromide
Article 2I: Bromochloromethane
Article 3: Calculation of control levels
Article 4: Control of trade with non-Parties
Article 4A: Control of trade with Parties
Article 4B: Licensing
Article 5: Special situation of developing countries
Article 6: Assessment and review of control measures
Article 7: Reporting of data
Article 8: Non-compliance
Article 9: Research, development, public awareness and exchange of information
Article 10: Financial mechanism
Article 10A: Transfer of technology
Article 11: Meetings of the parties
Article 12: Secretariat
Article 13: Financial provisions
Article 14: Relationship of this Protocol to the Convention
Article 15: Signature
Article 16: Entry into force
Article 17: Parties joining after entry into force
Article 18: Reservations
Article 19: Withdrawal
Article 20: Authentic texts
Annex A: Controlled substances
Annex B: Controlled substances
Annex C: Controlled substances
Annex D: A list of products containing controlled substances specified in Annex A
Annex E: Controlled substance
2.2 Summary of control measures under the Montreal Protocol
Annex A - Group I: Chlorofluorocarbons (CFC-11, CFC-12, CFC-113, CFC-114 and CFC-115)
Annex A - Group II: Halons (halon 1211, halon 1301 and halon 2402)
Annex B - Group I: Other fully halogenated CFCs (CFC-13, CFC-111, CFC-112, CFC-211, CFC-212, CFC-213, CFC-214, CFC-215, CFC-216, CFC-217)
Annex B - Group II: Carbon tetrachloride
Annex B - Group III: 1,1,1-trichloroethane (methyl chloroform)
Annex C - Group I: HCFCs
Annex C - Group II: HBFCs
Annex C - Group III: Bromochloromethane
Annex E: Methyl bromide
2.3 Decisions adopted by the Meetings of the Parties to the Montreal Protocol
Index to the decisions
First Meeting of the Parties (Helsinki, 2-5 May 1989)
Second Meeting of the Parties (London, 27-29 June 1990)
Third Meeting of the Parties (Nairobi, 19-21 June 1991)
Fourth Meeting of the Parties (Copenhagen, 23-25 November 1992)
Fifth Meeting of the Parties (Bangkok, 17-19 November 1993)
Sixth Meeting of the Parties (Nairobi, 6-7 October 1994)
Seventh Meeting of the Parties (Vienna, 5-7 December 1995)
Eighth Meeting of the Parties (San José, 25-27 November 1996)
Ninth Meeting of the Parties (Montreal, 15-17 September 1997)
Tenth Meeting of the Parties (Cairo, 23-24 November 1998)
Eleventh Meeting of the Parties (Beijing, 29 November - 3 December 1999)
Article 1: Definitions
Decisions on controlled substances
Decisions on destruction processes and technologies
Decisions on feedstock
Decisions on process agents
Decisions on used controlled substances
Decisions on trade in used controlled substances relating to the Basel Convention
Decisions on other issues
Article 2: Control measures
Decisions on adjustments of the control measures
Decisions on basic domestic needs
Decisions on essential uses
Decisions on essential uses: laboratory and analytical uses
Decisions on CFCs
Decisions on halons
Decisions on HCFCs
Decisions on methyl bromide
Decisions on new substances
Decisions on other issues
Article 4: Control of trade with non-parties
Decisions on non-Parties in compliance with the Protocol
Decisions on restrictions on trade with non-Parties
Decisions on other trade issues
Article 4A Control of trade with Parties
Decisions on trade in ozone-depleting substances
Decisions on trade in products and equipment containing Annex A and B substances
Article 4B: Licensing
Decisions on licensing systems
Article 5: Special situation of developing countries
Decisions on definitions and classification
Decisions on control measures
Decisions on meeting the needs of Article 5 Parties
Decisions on review under paragraph 8
Decisions on participation of developing countries
Article 6: Assessment and review of control measures
Article 7: Reporting of data
Decisions on data reporting
Decisions on trans-shipment of controlled substances
Decisions on customs codes
Decisions on illegal trade
Article 8: Non-compliance
Decisions on non-compliance procedures
Decisions on the Implementation Committee
Decisions on compliance by particular countries
Article 9: Research, development, public awareness and exchange of information
Article 10: Financial mechanism
Decisions on establishment of interim financial mechanism
Decisions on establishment of financial mechanism
Decisions on replenishments, budgets and contributions
Decisions on the Executive Committee
Other decisions on the operation of the financial mechanism
Article 10A: Transfer of technology
Article 11: Meetings of the Parties
Decisions on meetings of the Parties
Decisions on rules of procedure
Decisions on the Open-ended Working Group
Decisions on the Bureau
Article 12: Secretariat
Article 13: Financial provisions
Article 14: Relationship of this Protocol to the Convention
Article 15: Signature
Article 19: Withdrawal
Other Decisions
2.4 Destruction Procedures
Approved destruction processes
Suggested regulatory standards for destruction facilities
Code of good housekeeping
2.5 Essential use exemptions (summary from Meetings of the Parties)
Summary by Year of Essential Use Exemptions (metric tonnes)
Conditions applied to exemption for laboratory and analytical uses
Categories and examples of laboratory uses (this list is not exhaustive)
Reporting Accounting Framework For Essential Uses Other Than Laboratory And Analytical Applications
2.6 Assessment panels
Composition of the panels
Terms of reference for the panels
Terms of reference of the Technology and Economic Assessment Panel
2.7 Data reporting forms
Instructions: Data Reporting Forms
Data Reporting Forms
2.8 Non-Compliance with the Montreal Protocol
Interim non-compliance procedure (1990) applicable until 1992
Non-compliance procedure (1992)
Indicative list of measures that might be taken by a meeting of the Parties in respect of non-compliance with the Protocol
Non-compliance procedure (1998)
2.9 The Multilateral Fund
Terms of reference of the Executive Committee for the Interim Multilateral Fund
Terms of reference for the Interim Multilateral Fund
Rules of procedure for meetings of the Executive Committee for the Interim Multilateral Fund
Indicative list of categories of incremental costs
Terms of reference for the Multilateral Fund
Terms of reference of the Executive Committee
Terms of reference of the Executive Committee (1997)
2.10 Finance
Terms of reference for the administration of the Trust Fund for the Montreal Protocol on Substances that Deplete the Ozone Layer
UN scale of assessments (2000)
2.11 Declarations
Helsinki Declaration on the protection of the ozone layer (1989)
Declaration on chlorofluorocarbons (1990)
Resolution on ozone-depleting substances (1990)
Statement on control measures (1991)
Resolution on methyl bromide (1992)
Question of Yugoslavia (1992)
Memorandum on partly halogenated chlorofluorocarbons (HCFCs) (1993)
Declaration on hydrochlorofluorocarbons (HCFCs) (1993)
Declaration on methyl bromide (1993)
Declaration by countries with economies in transition (1993)
Declaration on the Multilateral Fund (1994)
Declaration on hydrochlorofluorocarbons (HCFCs) (1995)
Declaration on methyl bromide (1995)
Declaration on hydrochlorofluorocarbons (1997)
Declaration regarding methyl bromide (1997)
Declaration on hydrochlorofluorocarbons (HCFCs), hydrofluorocarbons (HFCs) and perfluorocarbons (PFCs) (1998)
Beijing Declaration on renewed commitment to the protection of the ozone layer (1999)
Part III: Rules of Procedure
Rules of procedure for meetings of the Conference of the Parties to the Vienna Convention and Meetings of the Parties to the Montreal Protocol
Introduction
Purposes: Rule 1
Definitions: Rule 2
Place of meetings: Rule 3
Dates of meetings: Rule 4-5
Observers: Rule 6-7
Agenda: Rule 8-15
Representation and credentials: Rule 16-20
Officers: Rule 21-25
Committees and working groups: Rule 26
Secretariat: Rule 27-28
Conduct of business: Rule 29-38
Voting: Rule 39-51
Languages: Rule 52-54
Sound records of the meeting: Rule 55
Ad hoc meetings: Rule 56
Amendments to rules of procedure: Rule 57
Overriding authority of the Convention or the Protocol: Rule 58
Part IV: The Evolution of the Montreal Protocol
4.1 Introduction to the Montreal Protocol, its adjustments and amendments
4.2 The 1987 Montreal Protocol on Substances that Deplete the Ozone Layer
Preamble
Article 1: Definitions
Article 2: Control Measures
Article 3: Calculation of control levels
Article 4: Control of trade with non-Parties
Article 5: Special situation of developing countries
Article 6: Assessment and review of control measures
Article 7: Reporting of data
Article 8: Non-compliance
Article 9: Research, development, public awareness and exchange of information
Article 10: Technical assistance
Article 11: Meetings of the parties
Article 12: Secretariat
Article 13: Financial provisions
Article 14: Relationship of this Protocol to the Convention
Article 15: Signature
Article 16: Entry into force
Article 17: Parties joining after entry into force
Article 18: Reservations
Article 19: Withdrawal
Article 20: Authentic texts
Annex A: Controlled substances
4.3 Adjustments to the Montreal Protocol
Adjustments agreed at the Second Meeting of the Parties
Adjustments to Articles 2A and 2B agreed at the Fourth Meeting of the Parties
Adjustments to Articles 2C, 2D and 2E agreed at the Fourth Meeting of the Parties
Adjustments agreed at the Seventh Meeting of the Parties relating to controlled substances in Annex A
Adjustments agreed at the Seventh Meeting of the Parties relating to controlled substances in Annex B
Adjustments agreed at the Seventh Meeting of the Parties relating to controlled substances in Annexes C and E
Adjustments agreed at the Ninth Meeting of the Parties relating to controlled substances in Annex A
Adjustments agreed at the Ninth Meeting of the Parties relating to controlled substances in Annex B
Adjustments agreed at the Ninth Meeting of the Parties relating to the controlled substance in Annex E
Adjustments agreed at the Eleventh Meeting of the Parties relating to controlled substances in Annex A
Adjustments agreed at the Eleventh Meeting of the Parties relating to controlled substances in Annex B
Adjustments agreed at the Eleventh Meeting of the Parties relating to the controlled substances in Annex E
4.4 The London Amendment (1990)
Article 1: Amendment
Article 2: Entry into force
4.5 The Copenhagen Amendment (1992)
Article 1: Amendment
Article 2: Relationship to the 1990 Amendment
Article 3: Entry into force
4.6 The Montreal Amendment (1997)
Article 1: Amendment
Article 2: Relationship to the 1992 Amendment
Article 3: Entry into force
4.7 The Beijing Amendment (1999)
Article 1: Amendment
Article 2: Relationship to the 1997 Amendment
Article 3: Entry into force
Part V: Sources of Further Information
5.1 Contact names and addresses
Ozone Secretariat
Multilateral Fund
UNEP Technology, Industry and Economics
United Nations Development Programme (UNDP)
United Nations Industrial Development Organization (UNIDO)
World Bank
World Meteorological Organization (WMO)
The Co-chairs of the Assessment Panels
Scientific Assessment Panel
Environmental Effects Assessment Panel
Technology and Economic Assessment Panel
Web links available through the site of the Ozone Secretariat (/ozone)
5.2 UNEP DTIE OzonAction Programme
Ozone protection information at your fingertips:
UNEP DTIE OzonAction Programme's Web Site
5.3 Contact Information from UNEP DTIE
5.4 Relevant publications on the protection of the ozone layer
Ozone Secretariat (Secretariat for the Vienna Convention and the Montreal Protocol)
United Nations Environment Programme Division of Technology, Industry and Economics
The World Bank
Section 1.1
The Vienna Convention for the Protection of the Ozone Layer
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 co-operation 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 modifications of the ozone layer,
HAVE AGREED AS FOLLOWS:
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.
3. "Alternative technologies or equipment" means technologies or equipment the use of which makes it possible to reduce or effectively eliminate emissions of substances which have or are likely to have adverse effects on the ozone layer.
4. "Alternative substances" means substances which reduce, eliminate or avoid adverse effects on the ozone layer.
5. "Parties" means, unless the text otherwise indicates, Parties to this Convention.
6. "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.
7. "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:
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 measures already taken by a Party, provided that these measures are not 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 co-operate in, directly or through competent international bodies, the conduct of research and scientific assessments on:
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 observation of the state of the ozone layer and other relevant parameters, as elaborated in annex I.
3. The Parties undertake to co-operate, directly or through competent international bodies, in ensuring the collection, validation and transmission of research and observational data through appropriate world data centers in a regular and timely fashion.
Article 4: Co-operation 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 co-operate, 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 co-operation shall be carried out particularly through:
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:
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.
1. The functions of the secretariat shall be:
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 Article 2.
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 ninetieth 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 ninetieth 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 protocol:
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 amendment 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 paragraph 2 above, it accepts one or both of the following means of dispute settlement as compulsory:
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.
6. The provisions of this Article shall apply with respect to any protocol except as provided in the protocol concerned.
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.
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.
1. Each Party to this Convention or to any protocol shall have one vote.
2. Except as provided for in paragraph 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.
1. This Convention shall enter into force on the ninetieth day after the date of deposit of the twentieth instrument of ratification, acceptance, approval or accession.
2. Any protocol, except as otherwise provided in such protocol, shall enter into force on the ninetieth day after the date of deposit of the eleventh 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 twentieth instrument of ratification, acceptance, approval or accession, it shall enter into force on the ninetieth 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 ninetieth day after the date on which that party deposits its instrument of ratification, acceptance, approval or accession, or on the date which the Convention enters into force for that Party, whichever shall be the later.
5. For the purposes 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.
No reservations may be made to this Convention.
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 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.
1. The Secretary-General of the United Nations shall assume the functions of depositary of this Convention and any protocols.
2. The Depositary shall inform the Parties, in particular, of:
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:
2. The Parties to the Convention, in accordance with article 3, shall co-operate 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 co-ordinated correlative measures 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 ultra-violet 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
(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 observation 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, HOx, 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 ultra-violet 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 analyzing global data.
3. The Parties to the Convention shall co-operate, 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 (CO2)
Carbon dioxide has significant natural and anthropogenic sources, and affects stratospheric ozone by influencing the thermal structure of the atmosphere.
(iii) Methane (CH4)
Methane has both natural and anthropogenic sources, and affects both 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 (N2O)
The dominant sources of N2O 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 stratosphere 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. CCl4, CFCl3 (CFC-11), CF2Cl2 (CFC-12), C2F3Cl3 (CFC-113), C2F4Cl2 (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 30-50 km altitude region.
(ii) Partially halogenated alkanes, e.g. CH3Cl, CHF2Cl (CFC-22), CH3CCl3, CHFCl2 (CFC-21)
The sources of CH3Cl 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. CF3Br
These gases are anthropogenic and act as a source of BrOx, which behaves in a manner similar to ClOx.
(e) Hydrogen substances
(i) Hydrogen (H2)
Hydrogen, the source of which is natural and anthropogenic, plays a minor role in stratospheric photochemistry.
(ii) Water (H2O)
Water, the source of which is natural, plays a vital role in both tropospheric and stratospheric photochemistry. Local sources of water vapor in the stratosphere include the oxidation of methane and, to a lesser extent, of hydrogen.
Annex II: Information exchange
1. The Parties to the Convention recognize that the collection and sharing of information is an important means of implementing the objectives 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 co-operation 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:
4. Technical information
This includes information on:
5. Socio-economic and commercial information on the substances referred to in annex I
This includes information on:
6. Legal information
This includes information on:
Section 1.2
Decisions adopted by the Conferences of the Parties to the Vienna Convention in respect of each article of the Convention
Pages
Annexes which are of transient importance only are not included here, but may be found in the reports of the Conferences of the Parties to the Vienna Convention available from the Ozone Secretariat.
First Conference of the Parties (Helsinki, 26-28 April 1989)
Second Conference of the Parties (Nairobi, 17-19 June 1991)
Third Conference of the Parties (Bangkok, 23 November 1993)
Fourth Conference of the Parties (San José, 25 and 27 November 1996)
Fifth Conference of the Parties (Beijing, 29 November - 3 December 1999)
|
Decision |
Title |
Relevant article(s) |
Page | ||
|
VCV/1 | Adjustments and Amendments to the Montreal Protocol |
14 | | ||
| VCV/2 |
Reports of the three Assessment Panels |
3 | | ||
| VCV/3 |
Recommendations of the fourth meeting of the Ozone Research Managers |
3 | | ||
| VCV/4 |
Financial report and budgets |
6 | | ||
| VCV/5 |
Sixth meeting of the Conference of the Parties to the Vienna Convention for the Protection of the Ozone Layer |
6 | | ||
| Annex |
Title |
Relevant article(s) |
Page | ||
|
I | Trust Fund for the Vienna Convention: budgets for 2000, 2001, 2002 and 2003 |
(not included) | |||
|
II | Trust Fund for the Vienna Convention: scale of 2000, 2001, 2002 and 2003 contributions |
(not included) | |||
Decision VCI/4: Research, observations and transfer of technology
The Conference of the Parties, in Decision VCI/4 of its First Meeting, decided that the following activities shall be given priority in the research, observations and transfer of technology:
(a) The atmospheric impact of potential substitutes for the controlled substances particularly with regard to their likely ozone depletion potential and their greenhouse warming potential;
(b) Monitoring of the rarer trace gases in the troposphere and research on their interactions;
(c) The Global Ozone Observing System should be expanded particularly in the tropics and in the Southern hemisphere. Special attention must be paid to ozone monitoring in Polar regions. Nations should make a long-term commitment to such monitoring programmes including making sufficient resources available appropriate to the effective operation;
(d) Research on the human health and biological implications of ultraviolet radiation changes at the earth's surface. Particular attention must be given to the impact on food production in the developing world and to development of crop varieties resistant to higher levels of ultraviolet radiation;
(e) Research into the effects on the atmosphere of potential ozone layer depleting gases, other than the controlled substances, for example methyl chloroform;
(f) Studies on the social and economic effects of ozone depletion.
Decision VCI/5: Research capability of developing countries
The Conference of Parties, in Decision VCI/5 of its First Meeting, decided to co-operate to ensure the enhancement of the capability of developing countries to contribute to ozone science research. This may be facilitated through the organization of workshops and the identification of institutes in developed countries which can co-operate with appropriate scientific institutions in the developing countries. The identification of financial institutions who might assist the development of an improved scientific capability in developing countries should also be undertaken.
Decision VCII/2: Information exchange under Annex II to the Vienna Convention
The Conference of the Parties, in Decision VCII/2 of its Second Meeting, decided:
(a) To note that exchange of information under Annex II would in large part be fulfilled by Parties reporting the data required by Article 7 of the amended Montreal Protocol, and by exchanging information and reporting on activities as required by Article 9 of the Protocol; and therefore to call on all Parties to the Convention, whether or not Parties to the amended Protocol, to provide such data and information;
(b) To request the Montreal Protocol Parties to ask the Assessment Panels to identify and report on what information on substances listed in Annex I of the Convention, can be made available from other sources, and what can and should be supplied separately by the Parties; and to ask the Secretariat, in light of this information, to develop with the chairs of the Assessment Panels an appropriate provisional reporting format;
(d) To note that some countries had already submitted information for exchange in accordance with the objectives of Annex II of the Convention, and to invite all Parties to submit any information relevant to the objectives of this Annex.
Decision VCII/5: Review of scientific information
The Conference of the Parties, in Decision VCII/5 of its Second Meeting, decided to take note of the 1989 reports of the four assessment panels, established by the Parties to the Montreal Protocol in accordance with article 6 of the Protocol, and also the ongoing work of the panels in preparing supplementary reports for consideration by the Fourth Meeting of the Parties to the Montreal Protocol to be held in 1992.
Decision VCII/7: Implementation of Decision VCI/5
The Conference of the Parties, in Decision VCII/7 of its Second Meeting, decided to ask the Secretariat to request the Parties to provide more information on the implementation of Decision 5 of the First Meeting of the Conference of the Parties to the Vienna Convention, and also to ask the Secretariat of the Vienna Convention to provide the information with regard to existing regional activities.
Decision VCII/9: Expansion of the Global Ozone Observing System Network
The Conference of the Parties, in Decision VCII/9 of its Second Meeting, decided to request the Parties to the Vienna Convention as a matter of urgency to facilitate through bilateral and multilateral contributions the expansion of the ozone observing stations network, in particular at locations selected on the basis of generally accepted scientific criteria which are in the territories of interested developing countries, and specifically to request:
(a) WMO and UNEP to keep Parties continually aware of specific network needs which could be met by bilateral or multilateral co-operation;
(b) developed countries to make voluntary contributions to the WMO Special Fund for Environmental Monitoring for GO3OS;
(c) developing countries to make ozone layer monitoring a priority in their requests for bilateral and multilateral assistance within the context of the Global Ozone Observing System.
Decision VCIII/2: Reports of the Assessment Panels
The Conference of the Parties, in Decision VCIII/2 of its Third Meeting, decided:
1. To take note of the 1991 reports of Scientific Assessment, Environmental Effects Assessment and Technology and Economic Assessment Panels;
2. To take note of the ongoing work of the three Assessment Panels in preparing updated reports for consideration by the Seventh Meeting of the Parties to the Montreal Protocol;
Decision VCIII/4: Reporting for the purposes of Annex I to the Vienna Convention
The Conference of the Parties, in Decision VCIII/4 of its Third Meeting, decided:
2. To defer a decision under Article 3 of, and Annex I to, the Convention with respect to hydrofluorocarbons, pending a decision of the Intergovernmental Negotiating Committee for a Framework Convention on Climate Change or of the first session of the Conference of the Parties to the Framework Convention on Climate Change on the reporting on hydrofluorocarbons.
Decision VCIV/2: Reports of the three Assessment Panels
The Conference of the Parties, in Decision VCIV/2 of its Fourth Meeting, decided:
1. To take note with appreciation of the reports of the Scientific, Environmental Effects and Technology and Economic Assessment Panels and the Technical Options Committees;
2. To acknowledge the important role played by the Scientific Assessment Panel in coordinating the report of the World Meteorological Organization (WMO) and the substantial contributions by the national agencies to the preparation of the report.
Decision VCIV/4: Funding matters
The Conference of the Parties, in Decision VCIV/4 of its Fourth Meeting, decided:
1. To invite the Global Environment Facility (GEF) to support the monitoring of ozone and UV radiation and related research in developing countries;
2. To request the Parties to support such programmes using appropriate mechanisms.
Decision VCV/2: Reports of the three Assessment Panels
The Conference of the Parties, in Decision VCV/2 of its Fifth Meeting, decided:
1. To take note, with appreciation, of the reports of the Scientific, Environmental Effects and Technology and Economic Assessment Panels and the Technical Options Committees;
2. To acknowledge and encourage the collaboration of the Assessment Panels with the Intergovernmental Panel on Climate Change, the Subsidiary Body on Scientific, Technical and Technological Advice under the United Nations Framework Convention on Climate Change and the International Civil Aviation Organization;
3. To acknowledge the important role played by the Scientific Assessment Panel in coordinating its report and the contributions by the World Meteorological Organization, the national agencies and international organizations to the preparation of the report.
Decisions on Ozone Research Managers
Decision VCII/4: Recommendations of the Ozone Research Managers
The Conference of the Parties, in Decision VCII/4 of its Second Meeting, decided to note the outcome of the first meeting of the Ozone Research Managers (WMO Global Ozone Research and Monitoring Project Report No. 23) and, in accordance with the recommendations of that meeting:
(a) To recommend that the collaboration with WMO in the co-ordination of research and systematic observations should be further expanded;
(b) To request the Parties to the Convention to determine the ways and means to provide scientific and technical training in ozone monitoring and research and other relevant assistance especially to developing countries;
(c) To recommend that WMO should continue to provide guidance and infrastructure to ensure the maintenance and calibration of existing GO3OS stations, their data availability and analysis, and to aim at expanding the GO3OS to better cover the polar and tropical regions;
(d) To request the Secretariat to continue to collect information, within the framework of the Convention, on national research activities and ensure its wide distribution;
(e) To recall Decision VCI/6(a)(ii) of the First Meeting of the Conference of the Parties to the Vienna Convention which requested the meeting of the ozone Research Managers to be composed of:
(i) Government Atmospheric Research Managers, and;
(ii) Government Research Managers of research related to health and environmental effects of ozone modifications, and to request WMO in collaboration with UNEP to continue to arrange for convening the Ozone Research Managers meetings related to the Vienna Convention and to ensure that scientific assessment panels under the Montreal Protocol co-operate closely, to which end the chairpersons of the assessment panels should be invited to participate in the meetings of the Ozone Research Managers;
(f) To request the Parties to take note of the full range of recommendations in the Ozone Research Managers Meetings report and request that the Ozone Research Managers establish priorities for those recommendations in their next report.
Decision VCIII/5: Recommendations of the second meeting of the Ozone Research Managers
The Conference of the Parties, in Decision VCIII/5 of its Third Meeting, decided:
1. To take note of the report of the second meeting of the Ozone Research Managers, especially with regard to the high priority scientific objectives to guide the future work on the ozone issue, the needed improvements in the long-term observations of ozone and ozone-related constituents, and the acute need for the improvement of training in the fields of both measurements and analysis as identified by the Ozone Research Managers;
2. To request that all Parties make voluntary contributions to the World Meteorological Organization's Special Fund for Environment Monitoring for the Global Ozone Observing System in order to expand the station network in developing countries;
3. To welcome the Global Environment Facility's decision to fund a number of global ozone observation stations and to request that that body give due consideration to funding the installation of a limited number of additional stations in the tropical belt and in any other regions not adequately covered, in light of recommendations of the Ozone Research Managers, and where the requesting country deems such stations a priority; and to request the World Meteorological Organization in co-operation with the United Nations Environment Programme to investigate and evaluate available monitoring equipment so as to equip such stations as appropriate using best available technologies for measuring both ozone and UV-B.
Decision VCIII/8: Future meetings of the Ozone Research Managers
The Conference of the Parties, in Decision VCIII/8 of its Third Meeting, decided to hold a meeting of the Ozone Research Managers every three years, six months prior to the meeting of the Conference of the Parties and back-to-back with the meeting of the Bureau of the Conference in partial modification of decision VCI/6 of the first meeting of the Conference of the Parties.
Decision VCIV/3: Recommendations of the third meeting of the Ozone Research Managers
The Conference of the Parties, in Decision VCIV/3 of its Fourth Meeting, decided:
1. To take note of the report of the Third Meeting of the Ozone Research Managers (WMO Global Ozone Research and Monitoring Project Report No. 41);
2. To endorse the recommendations of the Third Meeting of the Ozone Research Managers, as contained in the report of that meeting, to the fourth meeting of the Conference of the Parties to the Vienna Convention;
3. To request all Parties:
Decision VCV/3: Recommendations of the fourth meeting of the Ozone Research Managers
The Conference of the Parties, in Decision VCV/3 of its Fifth Meeting, decided:
1. To take note of the report of the fourth meeting of the Ozone Research Managers;
2. To endorse the recommendations of the fourth meeting of the Ozone Research Managers, as contained in the report WMO/UNEP, Report of the fourth meeting of the Ozone Research Managers, WMO Global Ozone Research and Monitoring Project, Report No. 45 to the fifth meeting of the Conference of the Parties to the Vienna Convention;
3. To request all Parties:
Article 5: Transmission of information
Decision VCI/2: Reporting of measures taken by Parties
The Conference of the Parties, in Decision VCI/2 of its First Meeting, decided that each Contracting Party shall submit to the Secretariat of the Convention every two years after the entry into force of the Convention a summary of the measures adopted by the Party for the implementation of the Convention. In accordance with paragraph 5 of Annex II of the Convention, the biennial reporting shall include the socio-economic and commercial information on the substances referred to in Annex I. To this end the Secretariat shall prepare a format for reporting and shall ensure any required confidentiality of the information supplied to it.
Article 6: Conference of the Parties
Decisions on meetings of the Conference of the Parties
Decision VCI/1: Rules of procedure for Conferences of the Parties
The Conference of the Parties, in Decision VCI/1 of its First Meeting, decided to adopt, taking into account the explanations given during the meeting, the rules of procedures for the meetings of the Conference of the Parties to the Vienna Convention for the Protection of the Ozone Layer. [See Part III in this Handbook].
Decision VCI/6: Subsidiary bodies
The Conference of the Parties, in Decision VCI/6 of its First Meeting, decided:
(a) to establish the following co-ordination bodies as subsidiary bodies of the Conference of the Parties under Article 6 para. 4(i) of the Vienna Convention:
(i) The Bureau of the Conference of the Parties composed of the officers elected by the Conference;
The terms of reference of the Bureau shall be to facilitate the implementation, as appropriate, on behalf of the Parties of the relevant subparagraphs of paragraph 4 of Article 6 of the Convention, particularly, - review the scientific information on the ozone layer, on its possible modification and on possible effects of any such modifications; - consider, in accordance with articles 3 and 4, programmes for research, systematic observations, scientific and technological co-operation, the exchange of information and the transfer of technology and knowledge and prepare a draft agenda for such activities for consideration by the Parties at their following Conference with estimates of the costs required for the implementation of the proposed activities; - consider other topics on the Agenda of the next Conference of the Parties, and review the documents prepared by the Secretariat for the Conference to facilitate the work of the Conference.
The Bureau of the Conference of the Parties is to hold maximum two meetings between two sessions of the Conference of the Parties one of them in conjunction with the Research Managers' Meeting referred to in the next section.
The cost of the meeting of the Bureau is to be covered within the budget of the Convention;
(ii) A Meeting composed of: (a) Government Atmospheric Research Managers and (b) Government Research Managers of research related to health and environmental effects of ozone modifications.
Such a Meeting shall review ongoing national and international research and monitoring programmes to ensure proper co-ordination of these programmes and identify gaps that need to be addressed.
The Meeting shall be held every 2 years (6 months prior to the meeting of the Parties) jointly with a meeting of the Bureau. The Meeting should produce a report including recommendations for future research and expanded co-operation between researchers in developed and developing countries for presentation to the following meeting of the Parties to the Convention.
It is assumed that the Research Managers from developed countries will cover their own expenses and that the Secretariat budget will cover only participation of no more than ten Research Managers from developing countries.
(b) The Secretariat of the Convention in co-operation with UNEP and WMO shall prepare for the joint meeting of the Bureau and the group of the Research Managers. The joint meeting shall take place in conjunction with a meeting of the WMO Executive Council Panel on Environmental Pollution, Monitoring and Research.
Decision VCII/1: Amendments to the rules of procedure
The Conference of the Parties, in Decision VCII/1 of its Second Meeting, decided:
(a) To amend paragraph 2 of rule 6 as follows:
Delete the words "in matters of direct concern to the organizations and states they represent" in the third and fourth lines of the paragraph. The paragraph would now read:
"Such observers may, upon invitation of the President and if there is no objection from the Parties present, participate without the right to vote in the proceedings of any meeting.";
(b) To amend paragraph 1 of rule 21 of the Rules of Procedure to include the following additional sentences:
"In electing its officers, the meeting of the Conference of the Parties shall have due regard to the principle of equitable geographical distribution. The offices of the President and Rapporteur of the meeting of the Parties shall normally be subject to rotation among the five groups of States referred to in section I of General Assembly resolution 2997 (XXVII) of 16 December 1972, by which UNEP was established.";
(c) To amend rules 23 and 24 as follows:
(i) Rule 23 - delete paragraph 2;
(ii) Rule 24 - delete the words "other than the President" and replace by the words "of the Bureau".
Decision VCII/8: Meetings of the Conference of the Parties
The Conference of the Parties, in Decision VCII/8 of its Second Meeting, decided to convene the meeting of the Conference of the Parties once every three years starting from the 1993 meeting, i.e. to hold the fourth meeting of the Conference of the Parties in 1996.
Decision VCII/11: Third meeting of the Conference of the Parties
The Conference of the Parties, in Decision VCII/11 of its Second Meeting, decided to convene the third meeting of the Conference of the Parties in 1993 in conjunction with the fifth meeting of the Parties to the Montreal Protocol at the same venue.
The Conference of the Parties, in Decision VCIII/7 of its Third Meeting, decided
:1. To convene the fourth meeting of the Conference of the Parties to the Vienna Convention in 1996 in conjunction with the Eighth Meeting of the Parties to the Montreal Protocol and at the same venue;
2. To accept with appreciation the offer of Austria to host a celebration of the tenth anniversary of the Convention in conjunction with the Seventh Meeting of the Parties to the Montreal Protocol in 1995 in Vienna.
Decision VCIV/6: Fifth meeting of the Conference of the Parties to the Vienna Convention for the Protection of the Ozone Layer
The Conference of the Parties, in Decision VCIV/6 of its Fourth Meeting, decided to convene the fifth meeting of the Conference of the Parties to the Vienna Convention in 1999 in conjunction with the Eleventh Meeting of the Parties to the Montreal Protocol at the same venue.
Decision VCV/5: Sixth meeting of the Conference of the Parties to the Vienna Convention for the Protection of the Ozone Layer
The Conference of the Parties, in Decision VCV/5 of its Fifth Meeting, decided to convene the sixth meeting of the Conference of the Parties to the Vienna Convention in 2002 in conjunction with the Fourteenth Meeting of the Parties to the Montreal Protocol.
Decisions on financial matters
Decision VCI/9: Financial arrangements
The Conference of the Parties, in Decision VCI/9 of its First Meeting, decided:
(a) To establish a United Nations Trust Fund in accordance in accordance with the Financial Regulations and Rules of the United Nations and in accordance with the General Procedures governing operations of the Fund of the United Nations Environment Programme;
(b) The Convention Trust Fund shall be administered by the Executive Director of UNEP and shall finance expenditures approved by the Parties and shall receive the contributions of Parties to the Convention;
(d) To adopt the terms of reference of the Trust Fund in Annex III of the report of the first meeting [reproduced below];
(e) The contributions of the Parties shall be in the form of voluntary contributions according to the formula in Annex V of the report of the first meeting;
(f) The Conference calls on all Parties to pay their contributions to the Trust Fund in advance of the period to which they relate;
(g) To approve a total budget of US$790,000 for the biennium 1990-1991, the details of the approved budget are presented in Annex IV of the report of the first meeting.
Terms of reference for the administration of the Trust Fund for the Vienna Convention for the Protection of the Ozone Layer
1. A Trust Fund for the Vienna Convention for the Protection of the Ozone Layer (hereinafter referred to as the Trust Fund) shall be established to provide financial support to the Convention.
2. Pursuant to the Financial Regulations and Rules of the United Nations, the Executive Director of the United Nations Environment Programme (UNEP), with the approval of the Governing Council of UNEP and the Secretary-General, of the United Nations, shall establish the Trust Fund for the administration of the Convention.
3. The Trust Fund shall be established for an initial period of three and one half years beginning 1 October 1989 and ending 31 March 1993. The appropriations of the Trust Fund for this period shall be financed from:
4. The voluntary contributions referred to in Article 3 (a) above, are to be based on the United Nations scale of contributions for the apportionment of the expenses of the United Nations adjusted to provide that no one contribution shall exceed 25 per cent of the total and no contributions shall be required when the United Nations scale provides for a contribution of less than 0.1 per cent.
5. The budget estimates prepared in United States dollars, covering the income and expenditure of the Convention, shall be submitted to the ordinary meetings of the Conference of the Parties to the Convention.
6. The proposed budget shall be dispatched by the Secretariat to all Parties to the Convention at least ninety days before the date fixed for the opening of the ordinary meeting of the Conference of the Parties to the Convention.
7. The Parties shall make every effort to reach agreement on the budget by consensus. If all efforts at consensus have been exhausted and no agreement reached, the budget shall, as a last resort, be adopted by two-thirds majority vote of the Parties present and voting representing at least 50 per cent of the total consumption of the controlled substances of the Parties.
8. In the event that the Executive Director of UNEP anticipates that there might be a shortfall in resources over the financial period as a whole, he shall have discretion to adjust the budget so that expenditures are at all times fully covered by contributions received.
9. Commitments against the resources of the Trust Fund may be made only if they are covered by the necessary income. No commitments shall be made in advance of the receipt of contributions.
10. The Executive Director of UNEP may make transfers from one budget line to another within the budget in accordance with the Financial Regulations and Rules of the United Nations. At the end of a calendar year of a financial period, the Executive Director may transfer any uncommitted balance of appropriations to the following calendar year.
11. All contributions are due to be paid in the year immediately preceding the year to which the contributions relate.
12. All contributions shall be paid in United States dollars into the following account: Account No.015-002756, UNEP General Trusts Funds Account, Chemical Bank, United Nations Branch, New York, N.Y. 10017, United States.
13. Contributions from States that become Parties after the beginning of the financial period shall be made on a pro rata basis for the balance of the financial period.
14. Contributions not immediately required for the purposes of the Fund shall be invested at the discretion of the United Nations and any interest so earned shall be credited to the Fund.
15. The Executive Director shall deduct from the income of the Trust Fund an administrative support charge equal to 13 per cent of other expenditures recorded during any accounting period in order to meet the cost of administrative activities financed from the Trust Fund and providing services relating to personnel, accounting, audit, etc.
16. At the end of the first calendar year of a financial period, the Executive Director shall submit to the Parties the accounts for the year. He shall also submit, as soon as practicable, the audited accounts for the financial period.
17. The General Procedures governing the Operations of the Fund of UNEP and the Financial Regulations and Rules of the United Nations shall govern the financial operations of the Convention.
18. In the event that the Parties wish the Trust Fund to be extended beyond 31 March 1993, the Executive Director of UNEP shall be so requested by the Parties at least six months earlier. Such extension of the Trust Fund shall be subject to the approval of the UNEP Governing Council and the United Nations Secretary-General.
Decision VCI/10: Voluntary contributions to Trust Fund
The Conference of the Parties, in Decision VCI/10 of its First Meeting, decided that the States non-Parties and the non-contributing Parties to the Trust Fund are encouraged to make voluntary contributions to the Trust Fund.
Decision VCII/10: Budgets and financial matters
The Conference of the Parties, in Decision VCII/10 of its Second Meeting, decided
:(a) To request the Secretariat to submit as soon as possible to all Parties certified and audited accounts of the Vienna Convention Trust Fund for the expenditures under the Fund for the 1990 financial year;
(b) To request the Secretariat to submit to the Parties the certified and audited accounts for 1989 of the Interim Ozone Secretariat;
(c) To submit certified and audited accounts for subsequent years prior to regular meeting of the Parties;
(d) To emphasize that expenditures incurred due to recommendations by the Bureau should only be met either within the budget adopted by the Parties for that year or by other additional contributions made towards these expenditures;
(e) To emphasize that it is essential to avoid increases in already adopted budgets in the years to which they relate;
(f) To extend the Trust Fund for the Vienna Convention for the Protection of the Ozone Layer from 31 March 1993 to 31 March 1995;
(g) To urge all Parties to pay their outstanding 1990 and 1991 contributions promptly and to also pay their future contributions promptly and in full in accordance with the terms of reference and the formula for contributions as attached to this report as Annex II;
(h) To note that the revised 1991 budget has been increased to $813,690, which corresponds to the funds available to the Secretariat from paid and pledged contributions of 1990 and 1991, less the expenditures incurred in 1990;
(i) To adopt the final budget for 1992 of $351,430 and for 1993 of $877,445, as set out in Annex I.
Decision VCIII/6: Budgets and financial matters
The Conference of the Parties, in Decision VCIII/6 of its Third Meeting, decided
:1. To take note of the certified and audited accounts of the Trust Fund for the Vienna Convention for the Protection of the Ozone Layer for expenditures under the Trust Fund for 1990 and 1991 and the certified and audited accounts for the Interim Ozone Secretariat;
2. To take note of the financial report on the Trust Fund for the Vienna Convention for the first year of the biennium 1992-1993 ended 31 December 1992;
3. To urge all Parties to pay their outstanding 1990-1993 contributions promptly and also to pay their future contributions promptly and in full in accordance with the terms of reference of the Trust Fund and the formula for contributions as attached to the report of the third meeting of the Conference of the Parties as annex I;
4. To extend the Trust Fund for the Vienna Convention for the Protection of the Ozone Layer from 31 March 1995 to 31 December 2000;
5. To adopt the final budgets of $297,245 for 1994, $609,690 for 1995, $825,520 for 1996 and $317,020 for 1997, as set out in annex II to the report of the third meeting of the Conference of the Parties;
6. To urge the Secretariat to furnish the Parties with an estimation of the current three years needs and, in the same format, the actual expenditures of the previous three years so that the Parties would have a good understanding of the Secretariat's budgetary requirements.
Decision VCIV/5: Budget and financial matters
The Conference of the Parties, in Decision VCIV/5 of its Fourth Meeting, decided:
1. To take note of the certified and audited accounts of the Trust Fund for the Vienna Convention for the Protection of the Ozone Layer for expenditures under the Trust Fund for 1993, 1994 and 1995;
2. To take note of the financial reports on the Trust Fund for the Vienna Convention for the biennium 1992-1993 ended 31 December 1993; first year of biennium 1994-1995 as at 31 December 1994 and the biennium 1994-1995 ended 31 December 1995;
3. To request the Executive Director of UNEP to extend the duration of the Trust Fund for the Vienna Convention until 31 December 2000, subject to the approval of the UNEP Governing Council;
4. To adopt the budgets for the Trust Fund of $1,057,170 for 1996, $361,090 for 1997, $382,342 for 1998, $1,207,991 for 1999, and $370,590 for 2000, as set out in Annex I to the report of the fourth meeting;
5. To urge all Parties to pay their outstanding contributions on time and in full in accordance with the terms of reference of the Trust Fund and the formula for contributions contained in Annex II to the report of the fourth meeting;
6. To urge all Parties to make additional voluntary contributions amounting to US$200,000 annually to WMO (World Meteorological Organization), in support of its ozone monitoring activities of developing countries, in view of the fundamental importance of such monitoring activities to the Convention;
7. To request the Executive Director of UNEP to ensure that the 13 per cent programme support costs charged to the Trust Fund for the Vienna Convention are used fully in support of the Convention and its Secretariat, and to report to the next Meeting of the Conference of the Parties on the ways in which the 13 per cent has been used for the benefit of the Convention and its Secretariat.
Decision VCV/4: Financial report and budgets
The Conference of the Parties, in Decision VCV/4 of its Fifth Meeting, decided:
1. To note with appreciation the exemplary financial management by the Secretariat over many years;
2. To take note of the financial report on the Trust Fund for the Vienna Convention for the Protection of the Ozone Layer for expenditures of the first year of the biennium 1998-1999, as contained in document UNEP/OzL.Conv.5/5;
3. To approve the budgets of $370,590 for 2000, $370,590 for 2001, $1,207,991 for 2002 and the proposed budget of $370,590 for 2003, as set out in annex I to the report of the fifth meeting of the Conference of the Parties;
4. To urge all Parties to pay their outstanding contributions promptly and also to pay their future contributions promptly and in full, in accordance with the formula for contributions by Parties, as set out in annex II to the report of the fourth meeting of the Conference of the Parties to the Vienna Convention for the Protection of the Ozone Layer (UNEP/OzL.Conv.4/6), for the year 2000, and in annex II to the report of the fifth meeting of the Conference of the Parties, for the year 2001;
5. To draw down an amount of $75,000 from the unspent balance for the purpose of reducing it, thereby ensuring that the contributions to be paid by the Parties amount to $295,590 for 2000, $295,590 for 2001, $1,132,991 for 2002 and $295,590 for 2003;
6. To review the status of reserves in the Meeting of the Parties in the year 2002.
Decision VCI/8: Designation of Secretariat
The Conference of the Parties
, in Decision VCI/8 of its First Meeting, decided to designate UNEP as the Secretariat of the Convention.Decision VCI/3: Relationship between the Vienna Convention and the Montreal Protocol
The Conference of the Parties, in Decision VCI/3 of its First Meeting, decided
(a) that the Vienna Convention is the most appropriate instrument for harmonizing the policies and strategies on research; and
(b) that the Montreal Protocol is the appropriate instrument for achieving the harmonization of policies, strategies and measures for minimizing the release of substances causing or likely to cause modifications of the ozone layer.
Article 9: Amendments of the Convention or protocols
Decision VCII/3: Amendment procedure under the Vienna Convention
The Conference of the Parties, in Decision VCII/3 of its Second Meeting, decided:
(a) to request the Parties to the Montreal Protocol to request the Ad Hoc Working Group on Non-Compliance with the Montreal Protocol to consider procedures for expediting the amendment procedure under Article 9 of the Vienna Convention;
Decision VCIII/3: Amendment procedure under the Vienna Convention
The Conference of the Parties, in Decision VCIII/3 of its Third Meeting, decided to note the conclusions of the Ad Hoc Working Group of Legal Experts on Non-Compliance with the Montreal Protocol on procedures for expediting the amendment procedure under Article 9 of the Vienna Convention, and decision IV/5, paragraph 4, of the Fourth Meeting of the Parties to the Montreal Protocol in respect of these conclusions and to agree that there is no need to expedite the amendment procedure under Article 9 of the Vienna Convention for the Protection of the Ozone Layer.
Article 11: Settlement of disputes
Decision VCI/7: Arbitration procedure
The Conference of the Parties, in Decision VCI/7 of its First Meeting, decided to adopt, in accordance with Article 11, paragraph 3(a) of the Vienna Convention, the Arbitration Procedure in Annex II of the report of the first meeting [reproduced below]
.Arbitration procedure under article 11, paragraph 3 (a) of the Vienna Convention for the Protection of the Ozone Layer
Article 1
This procedure is adopted as required by Article 11, paragraph 3 (a), of the Vienna Convention for the Protection of the Ozone Layer. Unless the Parties to a dispute otherwise agree the arbitration procedure shall be conducted in accordance with articles 2 to 16 below.
Article 2
The claimant Party shall notify the Secretariat that the Parties are referring a dispute to arbitration pursuant to Article 11, paragraph 3, of the Convention. The notification shall state the subject-matter of arbitration and include in particular the articles of the Convention or the Protocol, the interpretation or application of which are at issue. The Secretariat shall forward the information thus received to all Contracting Parties to the Convention or to the Protocol concerned.
Article 3
1. In disputes between two Parties, the arbitral tribunal shall consist of three members. Each of the Parties to the dispute shall appoint an arbitrator and the two arbitrators so appointed shall designate by common agreement the third arbitrator who shall be the chairman of the tribunal. The latter shall not be a national of one of the Parties to the dispute, nor have his usual place of residence in the territory of one of these Parties, nor be employed by any of them, nor have dealt with the case in any other capacity.
2. In disputes between more than two Parties, Parties in the same interest shall appoint one member of the tribunal jointly by agreement.
3. Any vacancy shall be filled in the manner prescribed for the initial appointment.
Article 4
1. If the chairman of the arbitral tribunal has not been designated within two months of the appointment of the second arbitrator, the Secretary General of the United Nations shall, at the request of a Party, designate him within a further two month's period.
2. If one of the Parties to the dispute does not appoint an arbitrator within two months of receipt of the request, the other Party may inform the Secretary-General of the United Nations who shall designate the other arbitrator within a further two months' period.
Article 5
The arbitral tribunal shall render its decisions in accordance with international law, as well as the provisions of this Convention and any protocols concerned.
Article 6
Unless the parties to the dispute otherwise agree, the arbitral tribunal shall determine its own procedure, assuring that each Party has a full opportunity to be heard and to present its case.
Article 7
The Parties to the dispute shall facilitate the work of the arbitral tribunal and, in particular, using all means at their disposal, shall:
(a) Provide it with all relevant documents, facilities and information; and
(b) Enable it when necessary to call witnesses or experts and receive their evidence.
Article 7 bis
The Parties and the arbitrators are under an obligation to protect the confidentiality of any information they receive in confidence during the proceedings of the arbitral tribunal.
Article 8
Unless the arbitral tribunal determines otherwise because of the particular circumstances of the case, the costs of the tribunal shall be borne by the Parties to the dispute in equal shares. The tribunal shall keep a record of all its costs, and shall furnish a final statement thereof to the Parties.
Article 9
Any Contracting Party that has an interest of a legal nature in the subject-matter of the dispute which may be affected by the decision in the case, may intervene in the proceedings with the consent of the tribunal.
Article 10
The tribunal may hear and determine counterclaims arising directly out of the subject-matter of the dispute.
Article 11
Decisions both on procedure and substance of the arbitral tribunal shall be taken by a majority vote of its members.
Article 12
If one of the Parties to the dispute does not appear before the arbitral tribunal or fails to defend its case, the other Party may request the tribunal to continue the proceedings and to make its award. Absence of a Party or failure of a Party to defend its case shall not constitute a bar to the proceedings. Before rendering its final decision, the arbitral tribunal must satisfy itself that the claim is well founded in fact and law.
Article 13
The tribunal shall render its final decision within five months of the date on which it is fully constituted unless it finds it necessary to extend the time-limit for a period which should not exceed five months.
Article 14
The final decision of the arbitral tribunal shall be confined to the subject-matter of the dispute and shall state the reasons on which it is based. It shall contain the names of the members who have participated and the date of the final decision. Any member of the tribunal may attach a separate or dissenting opinion to the final decision.
Article 15
The final decision shall be without appeal unless the Parties to the dispute have agreed in advance to an appellate procedure. It shall be complied with by the Parties to the dispute.
Article 16
Any controversy which may arise between the Parties to the dispute as regards the interpretation or manner of implementation of the final decision may be submitted by either Party for decision to the arbitral tribunal which rendered it.
Decision VCII/6: Adjustments and Amendments to the Montreal Protocol
The Conference of the Parties, in Decision VCII/6 of its Second Meeting, decided to note the adjustments and Amendment to the Montreal Protocol that were adopted at the Second Meeting of the Parties to the Montreal Protocol, held in London from 27 to 29 June 1990, to urge the Parties to the Protocol to expedite their ratification of the Amendment, to urge all the Parties to the Vienna Convention to ratify the Montreal Protocol and to urge all the countries who have not ratified the Vienna Convention and the Montreal Protocol and its Amendment to do so expeditiously.
Decision VCIII/1: Adjustments and Amendments to the Montreal Protocol
The Conference of the Parties, in Decision VCIII/1(2) of its Third Meeting, decided
:1. To note the adjustments and Amendment to the Montreal Protocol that were adopted by the Fourth Meeting of the Parties to the Montreal Protocol, held in Copenhagen in November 1992; to urge the Parties to the Protocol to expedite their ratification of the Amendment; to urge all the Parties to the Vienna Convention to ratify the Montreal Protocol; and, to urge all the countries that have not ratified the Vienna Convention and the Montreal Protocol and its Amendments to do so expeditiously;
Decision VCIV/1: Adjustments and Amendments to the Montreal Protocol
The Conference of the Parties, in Decision VCIV/1 of its Fourth Meeting, decided:
1. To note the adjustments to the Montreal Protocol that were adopted by the Seventh Meeting of Parties to the Montreal Protocol, held in Vienna from 5 to 7 December 1995, and that these adjustments relating to controlled substances in Annex A and Annex B of the Montreal Protocol entered into force for all Parties on 5 August 1996 and those relating to Annex C and Annex E will enter into force for all Parties on 1 January 1997;
2. To urge all States that have not already ratified the Vienna Convention, the Montreal Protocol and its Amendments, to do so expeditiously.
Decision VCV/1: Adjustments and amendments to the Montreal Protocol
The Conference of the Parties, in Decision VCV/1 of its Fifth Meeting, decided:
1. To note the adjustments and Amendment to the Montreal Protocol that were adopted by the Ninth Meeting of Parties to the Montreal Protocol, held in Montreal from 15 to 17 September 1997, and that the adjustments relating to control measures in Annex A, Annex B and Annex E of the Montreal Protocol entered into force on 5 June 1998 and the Amendment entered into force on 10 November 1999 for Parties that ratified the Amendment;
2. To urge all States that have not already ratified the Vienna Convention, the Montreal Protocol and the London, Copenhagen and Montreal Amendments, to do so expeditiously. Universal participation is necessary to ensure the protection of the ozone layer.
Section 2.1
The Montreal Protocol on Substances that Deplete the Ozone Layer
[Please note that this version of the Montreal Protocol includes the text of the adjustments adopted by the Parties at the Eleventh Meeting of the Parties. This will enter into force on 28 July 2000.
This version of the Montreal Protocol also includes the text of the Amendment adopted by the Parties at the Eleventh Meeting of the Parties (the "Beijing Amendment").
At the date of printing, this Amendment is not in force. It will enter into force, only for those Parties which ratify it, on 1 January 2001, provided that at least twenty instruments of ratification, acceptance or approval of the Amendment have been deposited by States or regional economic integration organizations that are Parties to the Montreal Protocol. (No State or regional economic integration organization may deposit such an instrument unless it has previously, or simultaneously, deposited such an instrument to the Montreal Amendment.)
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, taking into account 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, taking into account technical and economic considerations and bearing in mind the developmental needs of developing countries,
Acknowledging that special provision is required to meet the needs of developing countries, including the provision of additional financial resources and access to relevant technologies, bearing in mind that the magnitude of funds necessary is predictable, and the funds can be expected to make a substantial difference in the world's ability to address the scientifically established problem of ozone depletion and its harmful effects,
Noting the precautionary measures for controlling emissions of certain chlorofluorocarbons that have already been taken at national and regional levels,
Considering the importance of promoting international co-operation in the research, development and transfer of alternative technologies relating to the control and reduction of emissions of substances that deplete the ozone layer, bearing in mind in particular the needs of developing countries,
HAVE AGREED AS FOLLOWS:
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 or Annex E 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.
8. "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.
1. Incorporated in Article 2A.
2. Replaced by Article 2B.
3. Replaced by Article 2A.
4. Replaced by Article 2A.
5. Any Party may, for one or more control periods, transfer to another Party any portion of its calculated level of production set out in Articles 2A to 2F, and Article 2H, 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.
5 bis. Any Party not operating under paragraph 1 of Article 5 may, for one or more control periods, transfer to another such Party any portion of its calculated level of consumption set out in Article 2F, provided that the calculated level of consumption of controlled substances in Group I of Annex A of the Party transferring the portion of its calculated level of consumption did not exceed 0.25 kilograms per capita in 1989 and that the total combined calculated levels of consumption of the Parties concerned do not exceed the consumption limits set out in Article 2F. Such transfer of consumption shall be notified to the Secretariat by each of the Parties concerned, stating the terms of such transfer and the period for which it is to apply.
6. 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 0.5 kilograms per capita.
7. Any transfer of production pursuant to paragraph 5 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.
8. (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 2I provided that their total combined calculated level of consumption does not exceed the levels required by this Article and Articles 2A to 2I.
(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.
9. (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; and
(ii) 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 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 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 months from the date of the circulation of the communication by the Depositary.
10. 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:
11. Notwithstanding the provisions contained in this Article and Articles 2A to 2I Parties may take more stringent measures than those required by this Article and Articles 2A to 2I.
The Second, Fourth, Seventh, Ninth and Eleventh Meetings of the Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer decided, on the basis of assessments made pursuant to Article 6 of the Protocol, to adopt adjustments and reductions of production and consumption of the controlled substances in Annexes A, B, C and E to the Protocol as follows (the text here shows the cumulative effect of all the adjustments):
1. Each Party shall ensure that for the twelve-month period commencing on the first day of the seventh month following the date of entry into force of this Protocol, and in each twelve-month period thereafter, its calculated level of consumption of the controlled substances in Group I of Annex A does not exceed its calculated level of consumption in 1986. By the end of the same period, each Party producing one 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 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 150 per cent of its calculated levels of production and consumption of those substances in 1986; with effect from 1 January 1993, the twelve-month control period for these controlled substances shall run from 1 January to 31 December each year.
3. Each Party shall ensure that for the twelve-month period commencing on 1 January 1994, and in each twelve-month period thereafter, its calculated level of consumption of the controlled substances in Group I of Annex A does not exceed, annually, twenty-five per cent of its calculated level of consumption in 1986. Each Party producing one or more of these substances shall, for the same periods, ensure that its calculated level of production of the substances does not exceed, annually, twenty-five per cent of its calculated level of production in 1986. However, in order to satisfy the basic domestic needs of the Parties operating under paragraph 1 of Article 5, its calculated level of production may exceed that limit by up to ten per cent of its calculated level of production in 1986.
4. Each Party shall ensure that for the twelve-month period commencing on 1 January 1996, and in each twelve-month period thereafter, its calculated level of consumption of the controlled substances in Group I of Annex A does not exceed zero. Each Party producing one or more of these substances shall, for the same periods, ensure that its calculated level of production of the substances does not exceed zero. However, in order to satisfy the basic domestic needs of the Parties operating under paragraph 1 of Article 5, its calculated level of production may exceed that limit by 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-month period commencing on 1 January 2003 and in each twelve-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 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-month period commencing on 1 January 2005 and in each twelve-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 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-month period commencing on 1 January 2007 and in each twelve-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 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-month period commencing on 1 January 2010 and in each twelve-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.
9. 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 5 of Article 2, and excludes any production entitlements that it has acquired in accordance with paragraph 5 of Article 2.
1. Each Party shall ensure that for the twelve-month period commencing on 1 January 1992, and in each twelve-month period thereafter, its calculated level of consumption of the controlled substances in Group II of Annex A does not exceed, annually, its calculated level of consumption in 1986. Each Party producing one or more of these substances shall, for the same 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 of its calculated level of production in 1986.
2. Each Party shall ensure that for the twelve-month period commencing on 1 January 1994, and in each twelve-month period thereafter, its calculated level of consumption of the controlled substances in Group II of Annex A does not exceed zero. Each Party producing one or more of these substances shall, for the same periods, ensure that its calculated level of production of the substances does not exceed zero. However, in order to satisfy the basic domestic needs of 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 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-month period commencing on 1 January 2005 and in each twelve-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 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-month period commencing on 1 January 2010 and in each twelve-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.
Article 2C: Other fully halogenated CFCs
1. Each Party shall ensure that for the twelve-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 of its calculated level of consumption in 1989. Each Party producing one or more of these substances shall, for the same period, ensure that its calculated level of production of the substances does not exceed, annually, eighty per cent of its calculated level of production in 1989. However, in order to satisfy the basic domestic needs of the Parties operating under paragraph 1 of Article 5, its calculated level of production may exceed that limit by up to ten per cent of its calculated level of production in 1989.
2. Each Party shall ensure that for the twelve-month period commencing on 1 January 1994, and in each twelve-month period thereafter, its calculated level of consumption of the controlled substances in Group I of Annex B does not exceed, annually, twenty-five per cent of its calculated level of consumption in 1989. Each Party producing one or more of these substances shall, for the same periods, ensure that its calculated level of production of the substances does not exceed, annually, twenty-five per cent of its calculated level of production in 1989. However, in order to satisfy the basic domestic needs of the Parties operating under paragraph 1 of Article 5, its calculated level of production may exceed that limit by up to ten per cent of its calculated level of production in 1989.
3. Each Party shall ensure that for the twelve-month period commencing on 1 January 1996, and in each twelve-month period thereafter, its calculated level of consumption of the controlled substances in Group I of Annex B does not exceed zero. Each Party producing one or more of these substances shall, for the same periods, ensure that its calculated level of production of the substances does not exceed zero. However, in order to satisfy the basic domestic needs of the Parties operating under paragraph 1 of Article 5, its calculated level of production may, until 1 January 2003 exceed that limit by up to fifteen per cent of its calculated level of production in 1989; thereafter, it may exceed that limit by a quantity equal to eighty per cent 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-month period commencing on 1 January 2007 and in each twelve-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 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-month period commencing on 1 January 2010 and in each twelve-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.
Article 2D: Carbon tetrachloride
1. Each Party shall ensure that for the twelve-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 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 of its calculated level of production in 1989. However, in order to satisfy the basic domestic needs of the Parties operating under paragraph 1 of Article 5, its calculated level of production may exceed that limit by up to ten per cent of its calculated level of production in 1989.
2. Each Party shall ensure that for the twelve-month period commencing on 1 January 1996, and in each twelve-month period thereafter, its calculated level of consumption of the controlled substance in Group II of Annex B does not exceed zero. Each Party producing the substance shall, for the same periods, ensure that its calculated level of production of the substance does not exceed zero. However, in order to satisfy the basic domestic needs of the Parties operating under paragraph 1 of Article 5, its calculated level of production may exceed that limit by up to fifteen per cent of its calculated level of production in 1989. 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-month period commencing on 1 January 1993, its calculated level of consumption of the controlled substance in Group III of Annex B does not exceed, annually, its calculated level of consumption in 1989. Each Party producing the substance shall, for the same period, ensure that its calculated level of production of the substance does not exceed, annually, its calculated level of production in 1989. However, in order to satisfy the basic domestic needs of the Parties operating under paragraph 1 of Article 5, its calculated level of production may exceed that limit by up to ten per cent of its calculated level of production in 1989.
2. Each Party shall ensure that for the twelve-month period commencing on 1 January 1994, and in each twelve-month period thereafter, its calculated level of consumption of the controlled substance in Group III of Annex B does not exceed, annually, fifty per cent of its calculated level of consumption in 1989. Each Party producing the substance shall, for the same periods, ensure that its calculated level of production of the substance does not exceed, annually, fifty per cent of its calculated level of production in 1989. However, in order to satisfy the basic domestic needs of the Parties operating under paragraph 1 of Article 5, its calculated level of production may exceed that limit by up to ten per cent of its calculated level of production in 1989.
3. Each Party shall ensure that for the twelve-month period commencing on 1 January 1996, and in each twelve-month period thereafter, its calculated level of consumption of the controlled substance in Group III of Annex B does not exceed zero. Each Party producing the substance shall, for the same periods, ensure that its calculated level of production of the substance does not exceed zero. However, in order to satisfy the basic domestic needs of the Parties operating under paragraph 1 of Article 5, its calculated level of production may exceed that limit by up to fifteen per cent of its calculated level of production 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-month period commencing on 1 January 1996, and in each twelve-month period thereafter, its calculated level of consumption of the controlled substances in Group I of Annex C does not exceed, annually, the sum of:
2. Each Party shall ensure that for the twelve month period commencing on 1 January 2004, and in each twelve-month period thereafter, its calculated level of consumption of the controlled substances in Group I of Annex C does not exceed, annually, sixty-five per cent of the sum referred to in paragraph 1 of this Article.
3. Each Party shall ensure that for the twelve-month period commencing on 1 January 2010, and in each twelve-month period thereafter, its calculated level of consumption of the controlled substances in Group I of Annex C does not exceed, annually, thirty-five per cent of the sum referred to in paragraph 1 of this Article.
4. Each Party shall ensure that for the twelve-month period commencing on 1 January 2015, and in each twelve-month period thereafter, its calculated level of consumption of the controlled substances in Group I of Annex C does not exceed, annually, ten per cent of the sum referred to in paragraph 1 of this Article.
5. Each Party shall ensure that for the twelve-month period commencing on 1 January 2020, and in each twelve-month period thereafter, its calculated level of consumption of the controlled substances in Group I of Annex C does not exceed, annually, zero point five per cent of the sum referred to in paragraph 1 of this Article. Such consumption shall, however, be restricted to the servicing of refrigeration and air conditioning equipment existing at that date.
6. Each Party shall ensure that for the twelve-month period commencing on 1 January 2030, and in each twelve-month period thereafter, its calculated level of consumption of the controlled substances in Group I of Annex C does not exceed zero.
7. As of 1 January 1996, each Party shall endeavour to ensure that:
8. Each Party producing one or more of these substances shall ensure that for the twelve-month period commencing on 1 January 2004, and in each twelve-month period thereafter, its calculated level of production of the controlled substances in Group I of Annex C does not exceed, annually, the average of:
However, in order to satisfy the basic domestic needs of the Parties operating under paragraph 1 of Article 5, its calculated level of production may exceed that limit by up to fifteen per cent of its calculated level of production of the controlled substances in Group I of Annex C as defined above.
Article 2G: Hydrobromofluorocarbons
Each Party shall ensure that for the twelve-month period commencing on 1 January 1996, and in each twelve-month period thereafter, its calculated level of consumption of the controlled substances in Group II of Annex C does not exceed zero. Each Party producing the substances shall, for the same periods, ensure that its calculated level of production of the substances does not exceed zero. This paragraph will apply save to the extent that the Parties decide to permit the level of production or consumption that is necessary to satisfy uses agreed by them to be essential.
1. Each Party shall ensure that for the twelve-month period commencing on 1 January 1995, and in each twelve-month period thereafter, its calculated level of consumption of the controlled substance in 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 of its calculated level of production in 1991.
2. Each Party shall ensure that for the twelve-month period commencing on 1 January 1999, and in the twelve-month period thereafter, its calculated level of consumption of the controlled substance in Annex E does not exceed, annually, seventy-five per cent 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 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 of its calculated level of production in 1991.
3. Each Party shall ensure that for the twelve-month period commencing on 1 January 2001, and in the twelve-month period thereafter, its calculated level of consumption of the controlled substance in Annex E does not exceed, annually, fifty per cent 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 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 of its calculated level of production in 1991.
4. Each Party shall ensure that for the twelve-month period commencing on 1 January 2003, and in the twelve-month period thereafter, its calculated level of consumption of the controlled substance in Annex E does not exceed, annually, thirty per cent 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 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 of its calculated level of production in 1991.
5. Each Party shall ensure that for the twelve-month period commencing on 1 January 2005, and in each twelve-month period thereafter, its calculated level of consumption of the controlled substance in Annex E does not exceed zero. Each Party producing the substance shall, for the same periods, ensure that its calculated level of production of the substance does not exceed zero. However, in order to satisfy the basic domestic needs of the Parties operating under paragraph 1 of Article 5, its calculated level of production may, until 1 January 2002 exceed that limit by up to fifteen per cent 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-month period commencing on 1 January 2005 and in each twelve-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 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-month period commencing on 1 January 2015 and in each twelve-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.
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-month period commencing on 1 January 2002, and in each twelve-month period thereafter, its calculated level of consumption and production of the controlled substance in Group III of Annex C does not exceed zero. This paragraph will apply save to the extent that the Parties decide to permit the level of production or consumption that is necessary to satisfy uses agreed by them to be essential.
Article 3: Calculation of control levels
For the purposes of Articles 2, 2A to 2I and 5, each Party shall, for each group of substances in Annex A, Annex B, Annex C or Annex E determine its calculated levels of:
(a) Production by:
(i) multiplying its annual production of each controlled substance by the ozone depleting potential specified in respect of it in Annex A, Annex B, Annex C or Annex E;
(ii) adding together, for each such Group, the resulting figures;
(b) Imports and exports, respectively, by following, mutatis mutandis, the procedure set out in subparagraph (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 subparagraphs (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.
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 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 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 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 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.
2. As of 1 January 1993, each Party shall ban the export of any controlled substances in Annex A to any State not party to this Protocol.
2 bis. Commencing one year after the date of entry into force of this paragraph, each Party shall ban the export of any controlled substances in Annex B to any State not party to this Protocol.
2 ter. Commencing one year after the date of entry into force of this paragraph, each Party shall ban the export of any controlled substances in Group II of Annex C to any State not party to this Protocol.
2 qua. Commencing one 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 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.
3. By 1 January 1992, the Parties shall, following the procedures in Article 10 of the Convention, elaborate in an annex a list of products containing controlled substances in Annex A. Parties that have not objected to the annex in accordance with those procedures shall ban, within one year of the annex having become effective, the import of those products from any State not party to this Protocol.
3 bis. Within three years of the date of the entry into force of this paragraph, the Parties shall, following the procedures in Article 10 of the Convention, elaborate in an annex a list of products containing controlled substances in Annex B. Parties that have not objected to the annex in accordance with those procedures shall ban, within one year of the annex having become effective, the import of those products from any State not party to this Protocol.
3 ter. Within three years of the date of entry into force of this paragraph, the Parties shall, following the procedures in Article 10 of the Convention, elaborate in an annex a list of products containing controlled substances in Group II of Annex C. Parties that have not objected to the annex in accordance with those procedures shall ban, within one year of the annex having become effective, the import of those products from any State not party to this Protocol.
4. By 1 January 1994, the Parties shall determine the feasibility of banning or restricting, from States not party to this Protocol, the import of products produced with, but not containing, controlled substances in Annex A. If determined feasible, the Parties shall, following the procedures in Article 10 of the Convention, elaborate in an annex a list of such products. Parties that have not objected to the annex in accordance with those procedures shall ban, within one year of the annex having become effective, the import of those products from any State not party to this Protocol.
4 bis. Within five years of the date of the entry into force of this paragraph, the Parties shall determine the feasibility of banning or restricting, from States not party to this Protocol, the import of products produced with, but not containing, controlled substances in Annex B. If determined feasible, the Parties shall, following the procedures in Article 10 of the Convention, elaborate in an annex a list of such products. Parties that have not objected to the annex in accordance with those procedures shall ban or restrict, within one year of the annex having become effective, the import of those products from any State not party to this Protocol.
4 ter. Within five years of the date of entry into force of this paragraph, the Parties shall determine the feasibility of banning or restricting, from States not party to this Protocol, the import of products produced with, but not containing, controlled substances in Group II of Annex C. If determined feasible, the Parties shall, following the procedures in Article 10 of the Convention, elaborate in an annex a list of such products. Parties that have not objected to the annex in accordance with those procedures shall ban or restrict, within one 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 and E.
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 and E.
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 and E.
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 2I 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.
10. By 1 January 1996, the Parties shall consider whether to amend this Protocol in order to extend the measures in this Article to trade in controlled substances in Group I of Annex C and in Annex E with States not party to the Protocol.
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.
1. Each Party shall, by 1 January 2000 or within three 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.
3. Each Party shall, within three 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 0.3 kilograms per capita on the date of the entry into force of the Protocol for it, or any time thereafter until 1 January 1999, shall, in order to meet its basic domestic needs, be entitled to delay for ten years its compliance with the control measures set out in Articles 2A to 2E, 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, taking into account the review referred to in paragraph 8 of this Article, the assessments made pursuant to Article 6 and any other relevant information, decide by 1 January 1996, through the procedure set forth in paragraph 9 of Article 2:
2. However, any Party operating under paragraph 1 of this Article shall exceed neither an annual calculated level of consumption of the controlled substances in Annex A of 0.3 kilograms per capita nor an annual calculated level of consumption of controlled substances of Annex B of 0.2 kilograms per capita.
3. When implementing the control measures set out in Articles 2A to 2E, any Party operating under paragraph 1 of this Article shall be entitled to use:
4. If a Party operating under paragraph 1 of this Article, at any time before the control measures obligations in Articles 2A to 2I 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 Article 2I, and 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 Article 2I, or any or all obligations in Articles 2F to 2H that are decided pursuant to paragraph 1 bis of this Article, due to the inadequate implementation of Articles 10 and 10A. The Secretariat shall forthwith transmit a copy of the notification to the Parties, which shall consider the matter at their next Meeting, giving due recognition to paragraph 5 of this Article and shall decide upon appropriate action to be taken.
7. During the period between notification and the Meeting of the Parties at which the appropriate action referred to in paragraph 6 above is to be decided, or for a further period if the Meeting of the Parties so decides, the non-compliance procedures referred to in Article 8 shall not be invoked against the notifying Party.
8. A Meeting of the Parties shall review, not later than 1995, the situation of the Parties operating under paragraph 1 of this Article, including the effective implementation of financial co-operation and transfer of technology to them, and adopt such revisions that may be deemed necessary regarding the schedule of control measures applicable to those Parties.
8 bis. Based on the conclusions of the review referred to in paragraph 8 above:
8 ter. Pursuant to paragraph 1 bis above:
(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-month period commencing on 1 January 2005, and in each twelve-month period thereafter, its calculated levels of consumption and production of the controlled substance in Annex E do not exceed, annually, eighty per cent 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-month period commencing on 1 January 2015 and in each twelve-month period thereafter, its calculated levels of consumption and production of the controlled substance in Annex E do not exceed zero. This paragraph will apply save to the extent that the Parties decide to permit the level of production or consumption that is necessary to satisfy uses agreed by them to be critical uses;
(iv) The calculated levels of consumption and production under this subparagraph shall not include the amounts used by the Party for quarantine and pre-shipment applications.
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 years thereafter, the Parties shall assess the control measures provided for in Article 2 and Articles 2A to 2I on the basis of available scientific, environmental, technical and economic information. At least one 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 year of being convened, the panels will report their conclusions, through the Secretariat, to the Parties.
1. Each Party shall provide to the Secretariat, within three months of becoming a Party, statistical data on its production, imports and exports of each of the controlled substances in Annex A for the year 1986, or the best possible estimates of such data where actual data are not available.
2. Each Party shall provide to the Secretariat statistical data on its production, imports and exports of each of the controlled substances
- in Annex B and Groups I and II of Annex C for the year 1989;
- in Annex E, for the year 1991,
or the best possible estimates of such data where actual data are not available, not later than three months after the date when the provisions set out in the Protocol with regard to the substances in Annexes B, C and E respectively enter into force for that Party.
3. Each Party shall provide to the Secretariat statistical data on its annual production (as defined in paragraph 5 of Article 1) of each of the controlled substances listed in Annexes A, B, C and E and, separately, for each substance,
- Amounts used for feedstocks,
- Amounts destroyed by technologies approved by the Parties, and
- Imports from and exports to Parties and non-Parties respectively,
for the year during which provisions concerning the substances in Annexes A, B, C and E respectively entered into force for that Party and for each year thereafter. 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 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.
4. For Parties operating under the provisions of paragraph 8 (a) of Article 2, the requirements in paragraphs 1, 2, 3 and 3 bis of this Article in respect of statistical data on imports and exports shall be satisfied if the regional economic integration organization concerned provides data on imports and exports between the organization and States that are not members of that organization.
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 taking into account in particular the needs of developing countries, in promoting, directly or through competent international bodies, research, development and exchange of information on:
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 years of the entry into force of this Protocol and every two 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 and Article 2I, 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.
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:
(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:
7. The Parties shall decide upon the programme budget of the Multilateral Fund for each fiscal period and upon the percentage of contributions of the individual Parties thereto.
8. Resources under the Multilateral Fund shall be disbursed with the concurrence of the beneficiary Party.
9. Decisions by the Parties under this Article shall be taken by consensus whenever possible. If all efforts at consensus have been exhausted and no agreement reached, decisions shall be adopted by a two-thirds majority vote of the Parties present and voting, representing a majority of the Parties operating under paragraph 1 of Article 5 present and voting and a majority of the Parties not so operating present and voting.
10. The financial mechanism set out in this Article is without prejudice to any future arrangements that may be developed with respect to other environmental issues.
Article 10A: Transfer of technology
Each Party shall take every practicable step, consistent with the programmes supported by the financial mechanism, to ensure:
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 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 months of such a request being communicated to them by the Secretariat, it is supported by at least one third of the Parties.
3. The Parties, at their first meeting, shall:
[The Article 10 in question is that of the original Protocol adopted in 1987.]
4. The functions of the meetings of the Parties shall be to:
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. 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 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 Parties.
For the purposes of this Protocol, the Secretariat shall:
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.
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.
1. This Protocol shall enter into force on 1 January 1989, provided that at least eleven instruments of ratification, acceptance, approval of the Protocol or accession thereto have been deposited by States or regional economic integration organizations representing at least two-thirds 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 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 2I 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.
No reservations may be made to this Protocol.
Any Party may withdraw from this Protocol by giving written notification to the Depositary at any time after four years of assuming the obligations specified in paragraph 1 of Article 2A. Any such withdrawal shall take effect upon expiry of one year after the date of its receipt by the Depositary, or on such later date as may be specified in the notification of the withdrawal.
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 DAY OF SEPTEMBER, ONE THOUSAND NINE HUNDRED AND EIGHTY SEVEN.
Annex A: Controlled substances
| Group |
Substance |
Ozone-Depleting Potential* | |
| Group I | |||
| CFCl3 |
(CFC-11) | 1.0 | |
| CF2Cl2 |
(CFC-12) | 1.0 | |
| C2F3Cl3 |
(CFC-113) | 0.8 | |
| C2F4Cl2 |
(CFC-114) | 1.0 | |
| C2F5Cl |
(CFC-115) | 0.6 | |
| 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.
| 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 | |
* This formula does not refer to 1,1,2-trichloroethane.
| Group |
Substance |
Number of isomers |
Ozone-Depleting Potential | ||
| Group I | |||||
| CHFCl2 |
(HCFC-21)** |
1 | 0.04 | ||
| CHF2Cl |
(HCFC-22)** |
1 | 0.055 | ||
| CH2FCl |
(HCFC-31) | 1 |
0.02 | ||
|
C2HFCl4 |
(HCFC-121) | 2 |
0.01-0.04 | ||
|
C2HF2Cl3 |
(HCFC-122) | 3 |
0.02-0.08 | ||
|
C2HF3Cl2 |
(HCFC-123) | 3 |
0.02-0.06 | ||
|
CHCl2CF3 |
(HCFC-123)** |
- | 0.02 | ||
| C2HF4Cl |
(HCFC-124) | 2 |
0.02-0.04 | ||
|
CHFClCF3 |
(HCFC-124)** |
- | 0.022 | ||
| C2H2FCl3 |
(HCFC-131) | 3 |
0.007-0.05 | ||
|
C2H2F2Cl2 |
(HCFC-132) | 4 |
0.008-0.05 | ||
|
C2H2F3Cl |
(HCFC-133) | 3 |
0.02-0.06 | ||
|
C2H3FCl2 |
(HCFC-141) | 3 |
0.005-0.07 | ||
|
CH3CFCl2 |
(HCFC-141b)** |
- | 0.11 | ||
| C2H3F2Cl |
(HCFC-142) | 3 |
0.008-0.07 | ||
|
CH3CF2Cl |
(HCFC-142b)** |
- | 0.065 | ||
| C2H4FCl |
(HCFC-151) | 2 |
0.003-0.005 | ||
|
C3HFCl6 |
(HCFC-221) | 5 |
0.015-0.07 | ||
|
C3HF2Cl5 |
(HCFC-222) | 9 |
0.01-0.09 | ||
|
C3HF3Cl4 |
(HCFC-223) | 12 |
0.01-0.08 | ||
|
C3HF4Cl3 |
(HCFC-224) | 12 |
0.01-0.09 | ||
|
C3HF5Cl2 |
(HCFC-225) | 9 |
0.02-0.07 | ||
|
CF3CF2CHCl2 |
(HCFC-225ca)** |
- | 0.025 | ||
| CF2ClCF2CHClF |
(HCFC-225cb)** |
- | 0.033 | ||
| C3HF6Cl |
(HCFC-226) | 5 |
0.02-0.10 | ||
|
C3H2FCl5 |
(HCFC-231) | 9 |
0.05-0.09 | ||
|
C3H2F2Cl4 |
(HCFC-232) | 16 |
0.008-0.10 | ||
|
C3H2F3Cl3 |
(HCFC-233) | 18 |
0.007-0.23 | ||
|
C3H2F4Cl2 |
(HCFC-234) | 16 |
0.01-0.28 | ||
|
C3H2F5Cl |
(HCFC-235) | 9 |
0.03-0.52 | ||
|
C3H3FCl4 |
(HCFC-241) | 12 |
0.004-0.09 | ||
|
C3H3F2Cl3 |
(HCFC-242) | 18 |
0.005-0.13 | ||
|
C3H3F3Cl2 |
(HCFC-243) | 18 |
0.007-0.12 | ||
|
C3H3F4Cl |
(HCFC-244) | 12 |
0.009-0.14 | ||
|
C3H4FCl3 |
(HCFC-251) | 12 |
0.001-0.01 | ||
|
C3H4F2Cl2 |
(HCFC-252) | 16 |
0.005-0.04 | ||
|
C3H4F3Cl |
(HCFC-253) | 12 |
0.003-0.03 | ||
|
C3H5FCl2 |
(HCFC-261) | 9 |
0.002-0.02 | ||
|
C3H5F2Cl |
(HCFC-262) | 9 |
0.002-0.02 | ||
|
C3H6FCl |
(HCFC-271) | 5 |
0.001-0.03 | ||
|
Group |
Substance |
Number of isomers |
Ozone-Depleting Potential | ||
| Group II | |||||
| CHFBr2 |
1 | 1.00 | |||
| CHF2Br |
(HBFC-22B1) |
1 | 0.74 | ||
| CH2FBr |
1 | 0.73 | |||
| C2HFBr4 |
2 | 0.3-0.8 | |||
| C2HF2Br3 |
3 | 0.5-1.8 | |||
| C2HF3Br2 |
3 | 0.4-1.6 | |||
| C2HF4Br |
2 | 0.7-1.2 | |||
| C2H2FBr3 |
3 | 0.1-1.1 | |||
| C2H2F2Br2 |
4 | 0.2-1.5 | |||
| C2H2F3Br |
3 | 0.7-1.6 | |||
| C2H3FBr2 |
3 | 0.1-1.7 | |||
| C2H3F2Br |
3 | 0.2-1.1 | |||
| C2H4FBr |
2 | 0.07-0.1 | |||
| C3HFBr6 |
5 | 0.3-1.5 | |||
| C3HF2Br5 |
9 | 0.2-1.9 | |||
| C3HF3Br4 |
12 | 0.3-1.8 | |||
| C3HF4Br3 |
12 | 0.5-2.2 | |||
| C3HF5Br2 |
9 | 0.9-2.0 | |||
| C3HF6Br |
5 | 0.7-3.3 | |||
| C3H2FBr5 |
9 | 0.1-1.9 | |||
| C3H2F2Br4 |
16 | 0.2-2.1 | |||
| C3H2F3Br3 |
18 | 0.2-5.6 | |||
| C3H2F4Br2 |
16 | 0.3-7.5 | |||
| C3H2F5Br |
8 | 0.9-14.0 | |||
| C3H3FBr4 |
12 | 0.08-1.9 | |||
| C3H3F2Br3 |
18 | 0.1-3.1 | |||
| C3H3F3Br2 |
18 | 0.1-2.5 | |||
| C3H3F4Br |
12 | 0.3-4.4 | |||
| C3H4FBr3 |
12 | 0.03-0.3 | |||
| C3H4F2Br2 |
16 | 0.1-1.0 | |||
| C3H4F3Br |
12 | 0.07-0.8 | |||
| C3H5FBr2 |
9 | 0.04-0.4 | |||
| C3H5F2Br |
9 | 0.07-0.8 | |||
| C3H6FBr |
5 | 0.02-0.7 | |||
| Group III | |||||
| CH2BrCl |
bromochloromethane | 1 |
0.12 | ||
* 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.
Annex D:* A list of products** containing controlled substances specified in Annex A
| Products |
Customs code number | ||
| 1. |
Automobile and truck air conditioning units | ................... | |
| 2. |
Domestic and commercial refrigeration and air conditioning/heat pump equipment*** | ................... | |
| e.g. |
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 |
................... | |
* 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.
| Group |
Substance |
Ozone-Depleting Potential | |
| Group I | |||
| CH3Br |
methyl bromide | 0.6 | |
Section 2.2
Summary of control measures under the Montreal Protocol
This summary of control measures takes into account all the Amendments including the Beijing Amendment.
It may be noted that an Article 5(1) Party is a party classified at a meeting of the parties as a developing country and whose annual per capita consumption of Annex A and Annex B substances are below the limits set in Article 5 of the Montreal Protocol.
Annex A - Group I: Chlorofluorocarbons (CFC-11, CFC-12, CFC-113, CFC-114 and CFC-115)
Applicable to production and consumption
Non-Article 5(1) Parties
| Base level: |
1986 |
| Freeze: |
July 1, 1989. Allowance for production to meet the basic domestic needs of Article 5 parties: 10 percent of base level production. |
| 75 percent: reduction |
January 1, 1994. Allowance for production to meet the basic domestic needs of Article 5 parties: 10 percent of base level production. |
| 100 percent: reduction |
January 1, 1996 (with possible essential use exemptions). |
| Allowance for production to meet the basic domestic needs of Article 5 Parties: |
Annual average of its production for meeting the basic domestic needs of Article 5 parties for the period 1995 to 1997 inclusive till the end of 2002. January 1, 2003: 80 per cent of annual average of its production for basic domestic needs for the period 1995 to 1997 inclusive. January 1, 2005: 50 per cent of annual average of its production for basic domestic needs for the period 1995 to 1997 inclusive. January 1, 2007: 15 per cent of annual average of its production for basic domestic needs for the period 1995 to 1997 inclusive. January 1, 2010: zero. |
Article 5(1) Parties
| Base level: |
Average of 1995-97 |
|
Freeze: | July 1, 1999. Allowance for production to meet the basic domestic needs of Article 5 parties: 10 percent of base level production. |
|
50 percent: reduction |
January 1, 2005. Allowance for production to meet the basic domestic needs of Article 5 parties: 10 percent of base level production. |
| 85 percent: reduction |
January 1, 2007. Allowance for production to meet the basic domestic needs of Article 5 parties: 10 percent of base level production. |
| 100 percent: reduction |
January 1, 2010 (with possible essential use exemptions). Allowance for production to meet the basic domestic needs of Article 5 parties: 15 percent of base level production. |
Annex A - Group II: Halons (halon 1211, halon 1301 and halon 2402)
Applicable to production and consumption
Non-Article 5(1) Parties
| Base level: |
1986 |
| 20 percent: reduction | January 1, 1992. Allowance for production to meet the basic domestic needs of Article 5 parties: 10 percent of base level production. |
|
100 percent: reduction |
January 1, 1994 (with possible essential use exemptions). |
| Allowance for production to meet the basic domestic needs of Article 5 Parties |
15 per cent of base level production until 1 January 2002; thereafter,
the annual average of its production for meeting the basic domestic needs of Article
5 parties for the period 1995 to 1997 inclusive. |
Article 5(1) Parties
|
Base level: | Average of 1995-97 |
| Freeze: |
January 1, 2002. Allowance for production to meet the basic domestic needs of Article 5 parties: 10 percent of base level production. |
| 50 percent: reduction |
January 1, 2005. Allowance for production to meet the basic domestic needs of Article 5 parties: 10 percent of base level production. |
| 100 percent: reduction |
January 1, 2010 (with possible essential use exemptions). Allowance for production to meet the basic domestic needs of Article 5 parties: 15 percent of base level production. |
Applicable to production and consumption
Non-Article 5(1) Parties
|
Base level: | 1989 |
| 20 percent: reduction |
January 1, 1993. Allowance for production to meet the basic domestic needs of Article 5 parties: 10 percent of base level production. |
| 75 percent: reduction |
January 1, 1994. Allowance for production to meet the basic domestic needs of Article 5 parties: 10 percent of base level production. |
| 100 percent: reduction |
January 1, 1996 (with possible essential use exemptions). |
| Allowance for production to meet the basic domestic needs of Article 5 Parties: |
15 per cent of base level production until 1 January 2003; thereafter, 80 percent of the annual average of its production for meeting the basic domestic needs of Article 5 parties for the period 1998 to 2000 inclusive. January 1, 2007: 15 per cent of annual average of its production for basic domestic needs for the period 1998 to 2000 inclusive. January 1, 2010: zero. |
Article 5(1) Parties
| Base level: |
Average of 1998-2000 |
|
20 percent: reduction |
January 1, 2003. Allowance for production to meet the basic domestic needs of Article 5 parties: 10 percent of base level production. |
| 85 percent: reduction |
January 1, 2007. Allowance for production to meet the basic domestic needs of Article 5 parties: 10 percent of base level production. |
| 100 percent: reduction |
January 1, 2010 (with possible essential use exemptions). Allowance for production to meet the basic domestic needs of Article 5 parties: 15 percent of base level production. |
Annex B - Group II: Carbon tetrachloride
Applicable to production and consumption
Non-Article 5(1) Parties
|
Base level: | 1989 |
| 85 percent reduction: |
January 1, 1995. Allowance for production to meet the basic domestic needs of Article 5 parties: 10 percent of base level production. |
| 100 percent reduction: |
January 1, 1996 (with possible essential use exemptions). Allowance for production to meet the basic domestic needs of Article 5 parties: 15 percent of base level production |
Article 5(1) Parties
| Base level: |
Average of 1998-2000 |
|
85 percent: reduction |
January 1, 2005. Allowance for production to meet the basic domestic needs of Article 5 parties: 10 percent of base level production. |
| 100 percent: reduction |
January 1, 2010 (with possible essential use exemptions). Allowance for production to meet the basic domestic needs of Article 5 parties: 15 percent of base level production. |
Annex B - Group III: 1,1,1-trichloroethane (methyl chloroform)
Applicable to production and consumption
Non-Article 5(1) Parties
|
Base level: | 1989 |
| Freeze: |
January 1, 1993. Allowance for production to meet the basic domestic needs of Article 5 parties: 10 percent of base level production. |
| 50 percent: reduction |
January 1, 1994. Allowance for production to meet the basic domestic needs of Article 5 parties: 10 percent of base level production. |
| 100 percent: reduction |
January 1, 1996 (with possible essential use exemptions). Allowance for production to meet the basic domestic needs of Article 5 parties: 15 percent of base level production. |
Article 5(1) Parties
| Base level: |
Average of 1998-2000 |
|
Freeze: | January 1, 2003. Allowance for production to meet the basic domestic needs of Article 5 parties: 10 percent of base level production. |
|
30 percent: reduction |
January 1, 2005. Allowance for production to meet the basic domestic needs of Article 5 parties: 10 percent of base level production. |
| 70 percent: reduction |
January 1, 2010. Allowance for production to meet the basic domestic needs of Article 5 parties: 10 percent of base level production. |
| 100 percent: reduction |
January 1, 2015 (with possible essential use exemptions). Allowance for production to meet the basic domestic needs of Article 5 parties: 15 percent of base level production. |
Applicable to production and consumption
Non-Article 5(1) Parties: Consumption
|
Base level: | 1989 HCFC consumption + 2.8 percent of 1989 CFC consumption. |
|
Freeze: | 1996. |
| 35 percent: reduction |
January 1, 2004. |
|
65 percent: reduction |
January 1, 2010. |
|
90 percent: reduction |
January 1, 2015. |
|
99.5 percent: reduction |
January 1, 2020, and thereafter, consumption restricted to the servicing of refrigeration and air-conditioning equipment existing at that date. |
| 100 percent: reduction |
January 1, 2030. |
Non-Article 5(1) Parties: Production
| Base level: |
1989 HCFC production + 2.8 percent of 1989 CFC production. |
| Freeze: |
January 1, 2004, at the level of the average of its base levels of production and consumption. Allowance for production to meet the basic domestic needs of Article 5 parties: 15 percent of base level production. |
Article 5(1) Parties: Consumption
|
Base level: | 2015. |
| Freeze: |
January 1, 2016. |
|
100 percent: Reduction |
January 1, 2040. |
Article 5(1) Parties: Production | |
| Base level: |
2015. |
| Freeze: |
January 1, 2016, at the level of the average of its base levels of production and consumption. Allowance for production to meet the basic domestic needs of Article 5 parties: 15 percent of base level production. |
Applicable to production and consumption
Non-Article 5(1) Parties
|
100 percent: reduction |
January 1, 1996 (with possible essential use exemptions). |
Article 5(1) Parties
|
100 percent: reduction |
January 1, 1996 (with possible essential use exemptions). |
Annex C - Group III: Bromochloromethane
Applicable to production and consumption
Non-Article 5(1) Parties
|
100 percent: reduction |
January 1, 2002 (with possible essential use exemptions). |
Article 5(1) Parties
|
100 percent: reduction |
January 1, 2002 (with possible essential use exemptions). |
Applicable to production and consumption, amounts used for quarantine and preshipment applications exempted.
Non-Article 5(1) Parties
| Base level: |
1991 |
| Freeze: |
January 1, 1995. Allowance for production to meet the basic domestic needs of Article 5 parties: 10 percent of base level production to meet the basic domestic needs of Article 5 parties. |
|
25 percent: reduction |
January 1, 1999. Allowance for production to meet the basic domestic needs of Article 5 parties: 10 percent of base level production to meet the basic domestic needs of Article 5 parties. |
|
50 percent: reduction |
January 1, 2001. Allowance for production to meet the basic domestic needs of Article 5 parties: 10 percent of base level production to meet the basic domestic needs of Article 5 parties. |
|
70 percent: reduction |
January 1, 2003. Allowance for production to meet the basic domestic needs of Article 5 parties: 10 percent of base level production to meet the basic domestic needs of Article 5 parties. |
|
100 percent: reduction |
January 1, 2005 (with possible critical use exemptions). |
| Allowance for production to meet the basic domestic needs of Article 5 Parties: |
15 per cent of base level production until 1 January 2002; thereafter, the annual average of its production for meeting the basic domestic needs of Article 5 parties for the period 1995 to 1998 inclusive. January 1, 2005: 80 per cent of annual average of its production for basic domestic needs for the period 1995 to 1998 inclusive. January 1, 2015: zero. |
Article 5(1) Parties
| Base level: |
Average of 1995-98 |
|
Freeze: | January 1, 2002. |
| 20 percent: reduction | January 1, 2005. |
| 100 percent: reduction | January 1, 2015 (with possible critical use exemptions). |
Section 2.3
Decisions adopted by the Meetings of the Parties to the Montreal Protocol
in respect of each article of the Protocol
Pages
Those annexes and appendices to the decisions which are of lasting relevance can be found elsewhere in this Handbook, mostly in Sections 2.4-2.11, together with other material relevant to the operation of the ozone regime. The index below also indicates where these are printed.
Annexes and appendices which are not reproduced in this Handbook may be found in the reports of the Meetings of the Parties to the Montreal Protocol available from the Ozone Secretariat.
First Meeting of the Parties (Helsinki, 2-5 May 1989)
Second Meeting of the Parties (London, 27-29 June 1990)
Third Meeting of the Parties (Nairobi, 19-21 June 1991)
Fourth Meeting of the Parties (Copenhagen, 23-25 November 1992)
Fifth Meeting of the Parties (Bangkok, 17-19 November 1993)
Sixth Meeting of the Parties (Nairobi, 6-7 October 1994)
Seventh Meeting of the Parties (Vienna, 5-7 December 1995)
Eighth Meeting of the Parties (San José, 25-27 November 1996)
Ninth Meeting of the Parties (Montreal, 15-17 September 1997)
Tenth Meeting of the Parties (Cairo, 23-24 November 1998)