1997 Update of the Handbook for the International Treaties for the Protection of the Ozone Layer The Vienna Convention (1985) The Montreal Protocol (1987)
Ozone Secretariat
United Nations Environment Programme
Published 1998
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
mirror site: http://www.unep.ch/ozone/
ISBN 92-807-1703-0
Text set in Times.
Printed and bound in Kenya by UNEP.
Printed on recycled paper.
Cover art: public awareness poster created by UNEP IEÆs OzonAction Programme under the Multilateral Fund
(© 1994 Polymago)
Co-ordination: K. Madhava Sarma, Executive Secretary, Ozone Secretariat, UNEP
Research and editing: Duncan Brack, consultant (
dbrack@dircon.co.uk)M. Graber, Ozone Secretariat, UNEP
N. Sabogal, Ozone Secretariat, UNEP
G. M. Bankobeza, Ozone Secretariat, UNEP
P. Silfvenius, Ozone Secretariat, UNEP
Summary Contents
Handbook and Update (consolidated)
The Fourth (1996) Edition of the Montreal Protocol Handbook and this 1997 Update to the Handbook together contain the information needed to understand the international regime for the protection of the ozone layer.
This Update brings the Handbook up to date to the end of 1997, by superseding or adding to the relevant sections of the Handbook. Some sections of the Handbook remain unaltered, however, so these two pages list the relevant contents of each. Sections of the Update may be identified by the prefix æUÆ before the section number and page number.
The organization of the Handbook and the Update is the same. Therefore, where a section only appears in the Handbook, it is still up to date as of the end of 1997. Where a section only appears in the Update, it has superseded that section in the Handbook, or added a new section. Where the same section appears in both Handbook and Update, the Update section supplements but does not replace the section in the Handbook; both should be read together.
U Foreword Uv
U Guide to this Handbook Uvi
U Index to key words Uviii
U Errata to the Fourth Edition of the Handbook (1996) Uix
U Contents Parts I û IV Uxii
Part I: The Ozone Treaties
1.1 The Vienna Convention 3
U1.2 The Montreal Protocol U3
U1.3 Summary of control measures under the Montreal Protocol U27
U1.4 Status of ratification U32
1.5 Rules of procedure 52
Part II: The Operation of the Ozone Regime
2.1 Decisions of the Conferences of the Parties of the Vienna Convention (1st û 3rd) 67
U2.1 Decisions of the Conferences of the Parties of the Vienna Convention (4th) U41
U2.2 Index to decisions (and annexes) of the Meetings of the Parties to the
Montreal Protocol U47
2.3 Decisions of the Meetings of the Parties to the Montreal Protocol (1st û 7th) 89
U2.3 Decisions of the Meetings of the Parties to the Montreal Protocol (8th û 9th) U61
2.4 Destruction procedures 176
2.5 Essential use exemptions 182
U2.5 Essential use exemptions U99
2.6 Assessment panels 187
U2.6 Assessment panels U103
2.7 Non-compliance with the Montreal Protocol 195
2.8 The Interim Multilateral Fund 199
U2.9 The Multilateral Fund U119
2.10 Finance 236
U2.10 Finance U181
2.11 Declarations 241
U2.11 Declarations U185
U2.12 Data reporting forms U187
Part III: Sources of Further Information
U3.1 Contact names and addresses U209
U3.2 Contacts for developing countries U216
U3.3 Relevant publications U217
U3.4 UNEP IE OzonAction Programme U222
Part IV: The Evolution of the Montreal Protocol
U4.1 Introduction to the Montreal Protocol, its adjustments and amendments U227
4.2 The Montreal Protocol (1987) 266
4.3 Adjustments to the Montreal Protocol (agreed at 2nd, 4th and 7th Meetings) 276
U4.3 Adjustments to the Montreal Protocol (agreed at 9th Meeting) U229
4.4 The London Amendment (1990) 284
4.5 The Copenhagen Amendment (1992) 295
U4.6 The Montreal Amendment (1997) U232
Foreword
We have 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.
Since then, the meetings of the Conference of the Parties to the Vienna Convention, the Parties to the Montreal Protocol and of the Executive Committee of the Multilateral Fund took many significant decisions of interest to everyone interested in the cause of the protection of the ozone layer. 1996 was the year of replenishment of the Multilateral Fund and 1997 was the year of the tenth anniversary of the Protocol and its further strengthening by the Montreal Adjustment and Amendment.
The Ozone Secretariat is bringing out this supplement to the Handbook containing the relevant developments of these two years. The chapter on the Multilateral Fund is not only an update on the Handbook but also includes, for the convenience of the reader, all the decisions to date. We hope to bring out a comprehensive new Handbook in the year 2000.
This supplement is a proof of the success of the unique step-by-step approach of the Ozone Treaties. 1996 has seen the reduction of the global CFC consumption by more than 80%, thanks to near-total phase-out of CFCs and halons by the industrialised countries. It is now the turn of the developing countries to begin their phase-out and complete the process for accomplishing our objectives. UNEP continues to support the phase-out efforts of developing countries through the clearing-house function under the Multilateral Fund by providing need-based services in the areas of information exchange, training, networking of national ozone units, country programmes, institutional strengthening projects and refrigerant management plans. Since 1991, the OzonAction Programme of UNEPÆs Industry and Environment Office in Paris has facilitated bilateral, multilateral and regional cooperation through these services. As a result, more than 100 developing countries have been assisted to develop strategies, policies and action plans to implement the ozone treaties. The Handbook lists the services available from UNEP.
We at UNEP are fully committed to support the process of implementation until the protection of the ozone layer is assured.
Klaus Töpfer
Executive Director, UNEP
Guide to this Handbook
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 EarthÆs stratospheric ozone layer. The four meetings held by the Parties to the Vienna Convention in 1989, 1991, 1993 and 1996, and the nine meetings held by the Parties to the Montreal Protocol every year from 1989 to 1997, have led to significant decisions designed to implement the objectives of the Convention and Protocol.
The Second, Fourth and Ninth 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, three Amendments to the Protocol û the "London Amendment" (1990), the "Copenhagen Amendment" (1992) and the "Montreal Amendment" (1997).
The Second, Fourth, Seventh and Ninth 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 fourth (1996) edition of the Handbook for the International Treaties for the Protection of the Ozone Layer updated the previous 1993 edition and embodied a substantial reorganization and re-presentation. This 1997 Update brings the contents up to date to the end of 1997, including all the decisions, adjustments and amendments agreed during 1996 and 1997. The opportunity has also been taken to correct a few mistakes which appeared in the Handbook (see Errata on pages UixûUxi).
Much of the contents of the fourth edition of the Handbook are still relevant; this Update contains only the sections that have changed, either as additions to earlier sections of the Handbook, or as replacements for them.
The organization of the Handbook and the Update is the same. Therefore, where a section only appears in the Handbook, it is still up to date as of the end of 1997. Where a section only appears in the Update, it has superseded that section in the Handbook, or added new material. Where the same section appears in both Handbook and Update, the Update section supplements but does not replace the section in the Handbook; both should be read together.
The summary contents (pages UiiiûUiv) and the full contents (pages UxiiûUxx) therefore list all the relevant sections in both the Handbook and the 1997 Update. Sections of the Update may be identified by the prefix æUÆ before the section number and page number.
How the Handbook and Update are organized
Part I reproduces the texts of the treaties for the protection of the ozone layer: the Vienna Convention and the Montreal Protocol as subsequently amended and adjusted. A summary of the control measures for ozone-depleting substances, the latest status of ratification of the treaties and amendments, and the rules of procedure for conferences and meetings of the Parties are also included here. The Update includes the text of the Montreal Protocol as adjusted and amended by the Ninth Meeting of the Parties (1997), the latest summary of control measures and the latest status of ratification (to February 1998).
Part II deals with the operation of the regime established by the Vienna Convention and the Montreal Protocol. It reprints the decisions of the Parties to each of these agreements taken at the meetings held between 1989 and 1995 (the Update extends this to 1997), indexed by meeting and listed by topic. Procedures (for destruction technologies, essential use exemptions, assessment panels, non-compliance, the operation of the Multilateral Fund, and financial matters) adopted as appendices to or consequently upon the decisions follow. Also included are the various declarations and statements that all or some of the Parties have issued at particular meetings. The Update includes complete indices to the decisions of the Parties of both the Vienna Convention and the Montreal Protocol (referenced to both the Handbook and the Update), all the relevant material agreed in 1996 and 1997, and a complete revision of the section on the Multilateral Fund (Section U2.9).
Part III is a brief guide to sources of further information: lists of contacts and relevant publications (entirely updated in the Update).
Part IV is of use to those interested in the evolution of the ozone regime, and also to those who need to understand the control schedules applicable to Parties who have not yet ratified one or more of the amendments to the Montreal Protocol. It reprints the original (1987) version of the Montreal Protocol, and the adjustments and amendments subsequently adopted. The Update includes the adjustments and amendment agreed at the Ninth Meeting of the Parties (1997).
It is hoped that the Handbook for the International Treaties for the Protection of the Ozone Layer, together with this 1997 Update, will continue to prove useful. It is our intention to produce a comprehensive new (fifth) edition of the Handbook in the year 2000. Suggestions to improve its format or content are always welcome.
K. Madhava Sarma, Executive Secretary, Ozone Secretariat, UNEP
Index to Key Words
The vast majority of the Handbook and 1997 Update are 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 (pages viiûxiii) for page numbers.
Article of Article of
Topic Vienna Convention Montreal Protocol
Amendment procedure 9, 10
Conference/Meeting of the Parties 6 11
Control measures 2û3, 6
Data reporting 7
Definitions 1 1
Depositary 20
Developing countries 5
Dispute settlement 11
Entry into force 17 16û17
Financial mechanism (Multilateral Fund) 10
Financial provisions 13
Information exchange and cooperation 4û5 9
Licensing 4B
Non-compliance 8
Protocols to the Convention 8, 16 14
Ratification, etc. 12û14 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
Errata to the Fourth Edition of the Handbook
On page iii (Summary Contents), the page numbers for the first four items are printed incorrectly. They should read:
Foreword iv
Guide v
Index vi
Contents vii
On page 9, in Article 11, paragraph 2, line 1, the word "officers" should read "offices".
In Section 2.2 (Index to Decisions of the Meetings of the Parties to the Montreal Protocol), some page numbers are printed incorrectly. They should read as follows (these corrections have been incorporated in the updated Index published in Section U2.2):
Page Decision Page reference
79 I/6 166
82 IV/19 170
84 V/9 153
V/12 153
V/23 153
86 VI/16 151
87 VII/6 111
VII/7 117
VII/8 111
VII/9 125
VII/10 92
VII/11 104
VII/12 105
On page 24û25, the text of Article 2H should read as follows (the omitted text is in italics):
Article 2H: Methyl bromide
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 periods, ensure that its calculated level of production of the substance does not exceed, annually, its calculated level of production in 1991. However, in order to satisfy the basic domestic needs of the Parties operating under paragraph 1 of Article 5, its calculated level of production may exceed that limit by up to ten per cent of its calculated level of production in 1991.
2. Each Party shall ensure that for the twelve-month period commencing on 1 January 2001, and in each 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 2005, and in each 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 2010, 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 exceed that limit by up to fifteen per cent of its calculated level of production in 1991. 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 agricultural uses.
5. 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.
On pages 37, 294 and 303, the chemical formula of HCFC-22 reads incorrectly as CHF2C12. The correct formula is CHF2Cl.
In Section 1.4, page 45 has been repeated on page 46, and the first page of Footnotes (1 û 9) has been omitted. A corrected and updated status of ratification is produced separately in this Update (see Section U1.4, pages U32ûU38).
In Section 2.4, page 176, the first part of the table was reproduced inaccurately. It should read as follows
Suggested regulatory standards for destruction facilities
[Source: Annex VII of the report of Fourth Meeting of the Parties]
|
Pollutant |
Stack Concentrationa |
Comments |
|
PCDD/PDCF HCl HF HBr/Br2 Particulates |
<1.0 ng/m3 <100 mg/m3 5 mg/m3 <5 mg/m3 <50 mg/m3 |
Frequency, method of sampling, and limit for the ODS that is being destroyed as recommended by national regulatory agencies |
|
CO |
<100 mg/m3 |
Continuous emission monitoring with 1 hour rolling average |
|
ODS |
Atmospheric releases of ODS shall be monitored at all facilities with air emission discharges (where applicable) to ensure compliance with the recommendations of the report of the ad hoc Technical Advisory Committee on Destruction Technologies. |
a
Toxic equivalence using international method. Emissions limits are expressed as mass per dry cubic metre of flue gas at 0oC and 101.3 kPa corrected to 11% 02
On page 298, paragraph N, sub-paragraph 4 ter, insert the word "the" at the end of the first line.
Contents Parts I û IV
Handbook and Update (consolidated)
Part I: The Ozone Treaties
1.1 The 1985 Vienna Convention for the Protection of the Ozone Layer 3
Preamble 3
Article 1: Definitions 3
Article 2: General obligations 4
Article 3 Research and systematic observations 4
Article 4: Co-operation in the legal, scientific and technical fields 5
Article 5: Transmission of information 5
Article 6: Conference of the parties 6
Article 7: Secretariat 7
Article 8: Adoption of Protocols 7
Article 9: Amendment of the Convention or protocols 7
Article 10: Adoption and amendment of annexes 8
Article 11: Settlement of disputes 9
Article 12: Signature 9
Article 13: Ratification, acceptance or approval 9
Article 14: Accession 10
Article 15: Right to vote 10
Article 16: Relationship between the Convention and its Protocols 10
Article 17: Entry into force 10
Article 18: Reservations 11
Article 19: Withdrawal 11
Article 20: Depositary 11
Article 21: Authentic texts 12
Annex I: Research and systematic observations 13
Annex II: Information exchange 16
U1.2 The 1987 Montreal Protocol on Substances that Deplete the Ozone Layer U3
as adjusted and amended by the second Meeting of the Parties, (London,
27û29 June 1990) and by the fourth Meeting of the Parties (Copenhagen,
23û25 November 1992) and further adjusted by the seventh Meeting of the
Parties (Vienna, 5û7 December 1995) and further adjusted and amended by the
ninth Meeting of the Parties, (Montreal, 15û17 September 1997)
Preamble U3
Article 1: Definitions U4
Article 2: Control measures U4
Introduction to the adjustments U6
Article 2A: CFCs U6
Article 2B: Halons U7
Article 2C: Other fully halogenated CFCs U7
Article 2D: Carbon tetrachloride U8
Article 2E: 1,1,1-Trichloroethane (methyl chloroform) U8
Article 2F: Hydrochlorofluorocarbons U9
Article 2G: Hydrobromofluorocarbons U9
Article 2H: Methyl bromide U10
Article 3: Calculation of control levels U11
Article 4: Control of trade with non-Parties U12
Article 4A: Control of trade with Parties U13
Article 4B: Licensing U13
Article 5: Special situation of developing countries U13
Article 6: Assessment and review of control measures U16
Article 7: Reporting of data U16
Article 8: Non-compliance U17
Article 9: Research, development, public awareness and exchange of information U17
Article 10: Financial mechanism U17
Article 10A: Transfer of technology U19
Article 11: Meetings of the parties U19
Article 12: Secretariat U20
Article 13: Financial provisions U20
Article 14: Relationship of this Protocol to the Convention U20
Article 15: Signature U21
Article 16: Entry into force U21
Article 17: Parties joining after entry into force U21
Article 18: Reservations U21
Article 19: Withdrawal U21
Article 20: Authentic texts U21
Annex A: Controlled substances U23
Annex B: Controlled substances U23
Annex C: Controlled substances U24
Annex D: A list of products containing controlled substances specified in Annex A U26
Annex E: Controlled substance U26
U1.3 Summary of control measures under the Montreal Protocol U27
Annex A Group I: CFCs U27
Annex A Group II: halons U28
Annex B Group I: other fully halogenated CFCs U28
Annex B Group II: carbon tetrachloride U29
Annex B Group III: methyl chloroform U29
Annex C Group I: HCFCs U30
Annex C Group II: HBFCs U30
Annex E: methyl bromide U31
U1.4 Status of ratification/accession/acceptance/approval of the agreements on the U32
protection of the stratospheric ozone layer
List of parties categorized as operating under Article 5 paragraph 1 of the U38
Montreal Protocol
List of parties temporarily categorized as operating under Article 5 paragraph 1 U38
of the Montreal Protocol
1.5 Rules of procedure for meetings of the Conference of the Parties to the Vienna 52
Convention and Meetings of the Parties to the Montreal Protocol
Introduction 52
Purposes Rule 1 52
Definitions Rule 2 52
Place of meetings Rule 3 53
Dates of meetings Rules 4û5 53
Observers Rules 6û7 53
Agenda Rules 8û15 53
Representation and credentials Rules 16û20 54
Officers Rules 21û25 55
Committees and working groups Rule 26 56
Secretariat Rules 27û28 56
Conduct of business Rules 29û38 56
Voting Rules 39û51 58
Languages Rules 52û54 60
Sound records of the meeting Rule 55 60 Ad hoc meetings Rule 56 60 Amendments to rules of procedure Rule 57 60 Overriding authority of the Rule 55 60
Convention or the Protocol
Part II: The Operation of the Ozone Regime
2.1 Decisions adopted by the Conferences of the Parties to the Vienna Convention 63
in respect of each article of the Convention (1st û 3rd Conferences)
Index to the decisions 63
Article 3 Research and systematic observations 65
Decisions on Ozone Research Managers 67
Article 5: Transmission of information 68
Article 6: Conference of the Parties 68
Decisions on meetings of the Conference of the Parties 68
Decisions on financial matters 69
Decisions on other matters 73
Article 7: Secretariat 74
Article 8: Adoption of Protocols 74
Article 9: Amendment of the Convention or protocols 74
Article 11: Settlement of disputes 75
Article 14: Accession 77
U2.1 Decisions adopted by the Conferences of the Parties to the Vienna Convention U41
in respect of each article of the Convention (4th Conference)
Index to the decisions (1st û 4th Conferences) U41
Article 3 Research and systematic observations U44
Decisions on Ozone Research Managers U44
Article 6: Conference of the Parties U45
Decisions on meetings of the Conference of the Parties U45
Decisions on financial matters U45
Article 14: Accession U46
U2.2 Index to decisions (and annexes) adopted by the Meetings of the Parties to the U47
Montreal Protocol (1st û 9th Meetings)
First Meeting of the Parties (Helsinki, 2û5 May 1989) U48
Second Meeting of the Parties (London, 27û29 June 1990) U49
Third Meeting of the Parties (Nairobi, 19û21 June 1991) U50
Fourth Meeting of the Parties (Copenhagen, 23û25 November 1992) U51
Fifth Meeting of the Parties (Bangkok, 17û19 November 1993) U53
Sixth Meeting of the Parties (Nairobi, 6û7 October 1994) U55
Seventh Meeting of the Parties (Vienna, 5û7 December 1995) U56
Eighth Meeting of the Parties (San José, 25û27 November 1996) U58
Ninth Meeting of the Parties (Montreal, 15û17 September 1997) U59
2.3 Decisions adopted by the Meetings of the Parties to the Montreal Protocol 89
in respect of each article of the Protocol (1st û 7th Meetings)
Article 1: Definitions 89
Decisions on controlled substances 89
Decisions on production 91
Decisions on destruction processes and technologies 92
Decisions on used controlled substances 94
Decisions on trade in used controlled substances relating to the Basel Convention 97
Decisions on other matters 97
Article 2: Control measures 98
Decisions on adjustments of the control measures 98
Decisions on basic domestic needs 99
Decisions on essential uses 101
Decisions on halons 105
Decisions on HCFCs 107
Decisions on methyl bromide 109
Decisions on other issues 113
Article 4: Control of trade with non-Parties 114
Decisions on non-Parties in compliance with the Protocol 114
Decisions on restrictions on trade with non-Parties 115
Decisions on other issues 117
Article 5: Special situation of developing countries 119
Decisions on definitions and classifications 119
Decisions on control measures 122
Decisions on meeting the needs of Article 5 Parties 123
Decisions on review under paragraph 8 126
Decisions on participation of developing countries 127
Article 6: Assessment and review of control measures 128
Article 7: Reporting of data 133
Decisions on data reporting 133
Decisions on trans-shipment of controlled substances 136
Decisions on other issues 137
Article 8: Non-compliance 138
Decisions on non-compliance procedures 138
Decisions on compliance by particular countries 141
Article 9: Research, development, public awareness and exchange of information 146
Article 10: Financial mechanism 147
Decisions on establishment of interim financial mechanism 147
Decisions on establishment of financial mechanism 150
Decisions on the operation of the financial mechanism 152
Decisions on temporary difficulties with contributions 160
Article 10A: Transfer of technology 162
Article 11: Meetings of the Parties 164
Decisions on meetings of the Parties 164
Decisions on rules of procedure 165
Decisions on the Open-ended Working Group 165
Decisions on the Bureau 167
Article 12: Secretariat 168
Article 13: Financial provisions 169
Article 14: Relationship of this Protocol to the Convention 172
Article 15: Signature 173
Article 19: Withdrawal 175
U2.3 Decisions adopted by the Meetings of the Parties to the Montreal Protocol U61
in respect of each article of the Protocol (8th û 9th Meetings)
Article 1: Definitions U61
Decisions on controlled substances U61
Article 2: Control measures U62
Decisions on adjustments of the control measures U62
Decisions on essential uses U62
Decisions on halons U68
Decisions on HCFCs U69
Decisions on methyl bromide U69
Decisions on other issues U71
Article 4: Control of trade with non-Parties U72
Article 5: Special situation of developing countries U73
Decisions on definitions and classifications U73
Decisions on control measures U74
Article 6: Assessment and review of control measures U76
Article 7: Reporting of data U77
Decisions on data reporting U77
Decisions on trans-shipment of controlled substances U78
Decisions on other issues U79
Article 8: Non-compliance U82
Decisions on non-compliance procedures U82
Decisions on compliance by particular countries U83
Article 9: Research, development, public awareness and exchange of information U88
Article 10: Financial mechanism U89
Decisions on the operation of the financial mechanism U89
Article 10A: Transfer of technology U93
Article 11: Meetings of the Parties U94
Decisions on meetings of the Parties U94
Decisions on the Open-ended Working Group U94
Article 13: Financial provisions U95
Article 14: Relationship of this Protocol to the Convention U97
Article 15: Signature U98
2.4 Destruction procedures 176
Approved destruction processes 176
Suggested regulatory standards for destruction facilities 176
Code of good housekeeping 177
2.5 Essential use exemptions 182
Essential use exemptions 1996û1997: metered dose inhalers 182
Essential use exemptions 1996û1997: solvents 183
Essential use exemptions 1996û2001 184
Conditions applied to exemption for laboratory and analytical uses 185
Categories and examples of laboratory uses 185
U2.5 Essential use exemptions U99
Recommended nominations for essential use exemptions 1997û1999 U100
Recommended adjustments to quantities approved earlier for essential uses U101
Essential use exemptions 1998û1999 U102
2.6 Assessment Panels 187
Composition of the panels 187
Terms of reference for the panels 190
U2.6 Assessment Panels U103
Composition of the panels U103
Terms of reference of the Technology and Assessment Panel U115
2.7 Non-compliance with the Montreal Protocol 195
Interim non-compliance procedure (1990) applicable until 1992 195
Non-compliance procedure (1992) 196
Indicative list of measures that might be taken by a meeting of the Parties in respect 198
of non-compliance with the Protocol
2.8 The Interim Multilateral Fund 199
Terms of reference for the Interim Multilateral Fund 199
Terms of reference of the Executive Committee for the Interim Multilateral Fund 201
Rules of procedure for meetings of the Executive Committee for the Interim
Multilateral Fund 203
U2.9 The Multilateral Fund U119
Terms of reference for the Multilateral Fund U119
Terms of reference of the Executive Committee U119
Terms of reference for sub-committees of the Executive Committee U121
Membership of the sub-committees U123
Expert group on production of substitutes for ozone-depleting substances U123
Rules of procedure U124
Administration U124
Roles and responsibilities of the Fund Secretariat U124
Implementing agencies U126
Financial matters U127
Business planning U132
Criteria and guidelines for project preparation and approval U133
Project monitoring and evaluation U143
Criteria for resource allocation U145
Sector-specific operational policies U155
Annex I: Guidelines for 1996 implementing agency business plans U156
Annex II: An outline and framework for three-year rolling business plan for the U160
Multilateral Fund
Annex III: Guidelines for presentation of projects U162
Annex IV: Guidelines for technical review U163
Annex V: Decisions on operational policies relating to specific industry sectors, U166
and to institutional strengthening projects
2.10 Finance 236
UN scale assessments 236
Terms of reference for the administration of the Trust Fund for the Montreal Protocol 239
U2.10 Finance U181
UN scale assessments U181
2.11 Declarations 241
Helsinki Declaration on the Protection of the Ozone Layer (1989) 241
Declaration on chlorofluorocarbons (1990) 241
Resolution on ozone-depleting substances (1990) 242
Statement on control measures (1991) 243
Resolution on methyl bromide (1992) 244
Question of Yugoslavia (1992) 244
Memorandum on partly halogenated chlorofluorocarbons (HCFCs) (1993) 245
Declaration on hydrochlorofluorocarbons (HCFCs) (1993) 245
Declaration on methyl bromide (1993) 246
Declaration by countries with economies in transition (1993) 246
Declaration on the Multilateral Fund (1994) 247
Declaration on hydrochlorofluorocarbons (HCFCs) (1995) 248
Declaration on methyl bromide (1995) 249
U2.11 Declarations U185
Declaration on hydrochlorofluorocarbons U185
Declaration regarding methyl bromide U185
U2.12 Data reporting forms U187
Instructions: data reporting forms U187
Data reporting forms U199
Part III: Sources of Further Information
U3.1 Contact names and addresses U209
Ozone Secretariat U209
Multilateral Fund U209
UNEP Industry and Environment Programme Activity Centre U209
United Nations Development Programme (UNDP) U210
United Nations Industrial Development Organization (UNIDO) U210
World Bank U210
World Meteorological Organization (WMO) U211
The Co-chairs of the Assessment Panels U211
Scientific Assessment Panel U211
Environmental Effects Assessment Panel U212
Technology and Economic Assessment Panel U212
Web links available through the site of the Ozone Secretariat U213
U3.2 Contact list for ozone protection focal points, ozone officers and regional network U216
members in developing countries
U3.3 Relevant publications on the protection of the ozone layer U217
Ozone Secretariat U217
United Nations Environment Programme/Industry and Environment (UNEP/IE) U218
The World Bank U220
GEF Operational Strategy U221
U3.4 UNEP IE OzonAction Programme U222
Ozone protection at your fingertips: UNEP IE OzonAction ProgrammeÆs Web Site U223
Part IV: The Evolution of the Montreal Protocol
U1 Introduction to the Montreal Protocol, its adjustments and amendments U227
4.2 The 1987 Montreal Protocol on Substances that Deplete the Ozone Layer 266
Preamble 266
Article 1: Definitions 266
Article 2: Control measures 267
Article 3: Calculation of control levels 269
Article 4: Control of trade with non-Parties 269
Article 5: Special situation of developing countries 270
Article 6: Assessment and review of control measures 270
Article 7: Reporting of data 270
Article 8: Non-compliance 271
Article 9: Research, development, public awareness and exchange of information 271
Article 10: Technical assistance 271
Article 11: Meetings of the parties 272
Article 12: Secretariat 273
Article 13: Financial provisions 273
Article 14: Relationship of this Protocol to the Convention 273
Article 15: Signature 273
Article 16: Entry into force 274
Article 17: Parties joining after entry into force 274
Article 18: Reservations 274
Article 19: Withdrawal 274
Article 20: Authentic texts 274
Annex A: Controlled substances 275
4.3 Adjustments to the Montreal Protocol agreed by the Second, Fourth and Seventh 276
Meetings of the Parties
Adjustments agreed at the Second Meeting of the Parties 276
Adjustments to Articles 2A and 2B agreed at the Fourth Meeting of the Parties 278
Adjustments to Articles 2C, 2D and 2E agreed at the Fourth Meeting of the Parties 279
Adjustments agreed at the Seventh Meeting of the Parties relating to controlled 281
substances in Annex A
Adjustments agreed at the Seventh Meeting of the Parties relating to controlled 281
substances in Annex B
Adjustments agreed at the Seventh Meeting of the Parties relating to controlled 282
substances in Annexes C and E
U4.3 Adjustments to the Montreal Protocol agreed by the Ninth Meeting of the Parties U229
Adjustments agreed at the Ninth Meeting of the Parties relating to controlled U229
substances in Annex A
Adjustments agreed at the Ninth Meeting of the Parties relating to controlled U229
substances in Annex B
Adjustments agreed at the Ninth Meeting of the Parties relating to the controlled U230
substance in Annexe E
4.4 The amendment to the Montreal Protocol agreed by the Second Meeting of the 284
Parties (London, 27û29 June 1990)
Article 1: Amendment 284
Article 2: Entry into force 294
4.5 The amendment to the Montreal Protocol agreed by the Fourth Meeting of the 295
Parties (Copenhagen, 23û25 November 1992)
Article 1: Amendment 295
Article 2: Relationship to the 1990 Amendment 305
Article 3: Entry into force 305
U4.6 The amendment to the Montreal Protocol agreed by the Ninth Meeting of the U232
Parties (Montreal, 15û17 September 1997)
Article 1: Amendment U232
Article 2: Relationship to the 1992 Amendment U233
Article 3: Entry into force U233
Part I
The Ozone Treaties
Section U1.2
The 1987 Montreal Protocol
on Substances that Deplete the Ozone Layer
as adjusted and amended by the second Meeting of the Parties
(London, 27û29 June 1990)
and by the fourth Meeting of the Parties
(Copenhagen, 23û25 November 1992)
and further adjusted by the seventh Meeting of the Parties
(Vienna, 5û7 December 1995)
and further adjusted and amended by the ninth Meeting of the Parties
(Montreal, 15û17 September 1997)
[Please note that this version of the Montreal Protocol includes the text of the adjustment adopted by the Parties at the Ninth Conference of the Parties. This entered into force on 4 June 1998.
This version of the Montreal Protocol also includes the text of the Amendment adopted by the Parties at the Ninth Conference of the Parties (the "Montreal 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 1999, 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 Copenhagen Amendment.)
The sections of the Protocol text which derive from the Montreal Amendment are indicated here in underlined text (see pages U11ûU13).]
Preamble
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 worldÆs ability to address the scientifically established problem of ozone depletion and its harmful effects,
Noting the precautionary measures for controlling emissions of certain chlorofluorocarbons that have already been taken at national and regional levels,
Considering the importance of promoting international co-operation in the research, development and transfer of alternative technologies relating to the control and reduction of emissions of substances that deplete the ozone layer, bearing in mind in particular the needs of developing countries,
HAVE AGREED AS FOLLOWS:
Article 1: Definitions
For the purposes of this Protocol:
1. "Convention" means the Vienna Convention for the Protection of the Ozone Layer, adopted on 22 March 1985.
2. "Parties" means, unless the text otherwise indicates, Parties to this Protocol.
3. "Secretariat" means the Secretariat of the Convention.
4. "Controlled substance" means a substance in Annex A, Annex B, Annex C 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.
Article 2: Control Measures
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 2E, 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 PartyÆs 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 2H provided that their total combined calculated level of consumption does not exceed the levels required by this Article and Articles 2A to 2H.
(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:
(a) whether any substances, and if so which, should be added to or removed from any annex to this Protocol, and
(b) the mechanism, scope and timing of the control measures that should apply to those substances;
11. Notwithstanding the provisions contained in this Article and Articles 2A to 2H Parties may take more stringent measures than those required by this Article and Articles 2A to 2H.
Introduction to the adjustments
The Second, Fourth, Seventh and Ninth 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):
Article 2A: CFCs
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 up to fifteen per cent of its calculated level of production in 1986. This paragraph will apply save to the extent that the Parties decide to permit the level of production or consumption that is necessary to satisfy uses agreed by them to be essential.
Article 2B: Halons
1. Each Party shall ensure that for the twelve-month period commencing on 1 January 1992, and in each twelve-month period thereafter, its calculated level of consumption of the controlled substances in Group II of Annex A does not exceed, annually, its calculated level of consumption in 1986. Each Party producing one or more of these substances shall, for the same 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 exceed that limit by up to fifteen per cent of its calculated level of production in 1986. This paragraph will apply save to the extent that the Parties decide to permit the level of production or consumption that is necessary to satisfy uses agreed by them to be essential.
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 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 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:
(a) Two point eight per cent of its calculated level of consumption in 1989 of the controlled substances in Group I of Annex A; and
(b) Its calculated level of consumption in 1989 of the controlled substances in Group I of Annex C.
2. Each Party shall ensure that for the twelve month period commencing on 1 January 2004, and in each twelve-month period thereafter, its calculated level of consumption of the controlled substances in Group I of Annex C does not exceed, annually, sixty-five per cent of the sum referred to in paragraph 1 of this Article.
3. Each Party shall ensure that for the twelve-month period commencing on 1 January 2010, and in each twelve-month period thereafter, its calculated level of consumption of the controlled substances in Group I of Annex C does not exceed, annually, thirty-five per cent of the sum referred to in paragraph 1 of this Article.
4. Each Party shall ensure that for the twelve-month period commencing on 1 January 2015, and in each twelve-month period thereafter, its calculated level of consumption of the controlled substances in Group I of Annex C does not exceed, annually, ten per cent of the sum referred to in paragraph 1 of this Article.
5. Each Party shall ensure that for the twelve-month period commencing on 1 January 2020, and in each twelve-month period thereafter, its calculated level of consumption of the controlled substances in Group I of Annex C does not exceed, annually, zero point five per cent of the sum referred to in paragraph 1 of this Article. 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:
(a) The use of controlled substances in Group I of Annex C is limited to those applications where other more environmentally suitable alternative substances or technologies are not available;
(b) The use of controlled substances in Group I of Annex C is not outside the areas of application currently met by controlled substances in Annexes A, B and C, except in rare cases for the protection of human life or human health; and
(c) Controlled substances in Group I of Annex C are selected for use in a manner that minimizes ozone depletion, in addition to meeting other environmental, safety and economic considerations.
Article 2G: Hydrobromofluorocarbons
Each Party shall ensure that for the twelve-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.
Article 2H: Methyl bromide
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 exceed that limit by up to fifteen per cent of its calculated level of production in 1991. 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.
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 3: Calculation of control levels
For the purposes of Articles 2, 2A to 2H 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.
[The underlined text printed below in Articles 4, 4A and 4B derives from the Amendment adopted by the Parties at the Ninth Conference of the Parties (the "Montreal 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 1999, subject to the conditions set out on page U3.]
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.
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. Within 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.
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 and B, Group II of Annex C and Annex 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 and B, Group II of Annex C and Annex 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 and B, Group II of Annex C and Annex 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 2E, Articles 2G and 2H 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 Parties1. Where, after the phase-out date applicable to it for a controlled substance, a Party is unable, despite having taken all practicable steps to comply with its obligation under the Protocol, to cease production of that substance for domestic consumption, other than for uses agreed by the Parties to be essential, it shall ban the export of used, recycled and reclaimed quantities of that substance, other than for the purpose of destruction.
2. Paragraph 1 of this Article shall apply without prejudice to the operation of Article 11 of the Convention and the non-compliance procedure developed under Article 8 of the Protocol.
Article 4B
: Licensing1. 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:
(a) With respect to paragraphs 1 to 6 of Article 2F, what base year, initial levels, control schedules and phase-out date for consumption of the controlled substances in Group I of Annex C will apply to Parties operating under paragraph 1 of this Article;
(b) With respect to Article 2G, what phase-out date for production and consumption of the controlled substances in Group II of Annex C will apply to Parties operating under paragraph 1 of this Article; and
(c) With respect to Article 2H, what base year, initial levels and control schedules for consumption and production of the controlled substance in Annex E will apply to Parties operating under paragraph 1 of this Article.
2. However, any Party operating under paragraph 1 of this Article shall exceed neither an annual calculated level of consumption of the controlled substances in Annex A of 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:
(a) For controlled substances under Annex A, either the average of its annual calculated level of consumption for the period 1995 to 1997 inclusive or a calculated level of consumption of 0.3 kilograms per capita, whichever is the lower, as the basis for determining its compliance with the control measures relating to consumption.
(b) For controlled substances under Annex B, the average of its annual calculated level of consumption for the period 1998 to 2000 inclusive or a calculated level of consumption of 0.2 kilograms per capita, whichever is the lower, as the basis for determining its compliance with the control measures relating to consumption.
(c) For controlled substances under Annex A, either the average of its annual calculated level of production for the period 1995 to 1997 inclusive or a calculated level of production of 0.3 kilograms per capita, whichever is the lower, as the basis for determining its compliance with the control measures relating to production.
(d) For controlled substances under Annex B, either the average of its annual calculated level of production for the period 1998 to 2000 inclusive or a calculated level of production of 0.2 kilograms per capita, whichever is the lower, as the basis for determining its compliance with the control measures relating to production.
4. If a Party operating under paragraph 1 of this Article, at any time before the control measures obligations in Articles 2A to 2H 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 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, or any or all obligations in Articles 2F to 2H that are decided pursuant to paragraph 1 bis of this Article, due to the inadequate implementation of Articles 10 and 10A. The Secretariat shall forthwith transmit a copy of the notification to the Parties, which shall consider the matter at their next Meeting, giving due recognition to paragraph 5 of this Article and shall decide upon appropriate action to be taken.
7. During the period between notification and the Meeting of the Parties at which the appropriate action referred to in paragraph 6 above is to be decided, or for a further period if the Meeting of the Parties so decides, the non-compliance procedures referred to in Article 8 shall not be invoked against the notifying Party.
8. A Meeting of the Parties shall review, not later than 1995, the situation of the Parties operating under paragraph 1 of this Article, including the effective implementation of financial co-operation and transfer of technology to them, and adopt such revisions that may be deemed necessary regarding the schedule of control measures applicable to those Parties.
8 bis. Based on the conclusions of the review referred to in paragraph 8 above:
(a) With respect to the controlled substances in Annex A, a Party operating under paragraph 1 of this Article shall, in order to meet its basic domestic needs, be entitled to delay for ten years its compliance with the control measures adopted by the Second Meeting of the Parties in London, 29 June 1990, and reference by the Protocol to Articles 2A and 2B shall be read accordingly;
(b) With respect to the controlled substances in Annex B, a Party operating under paragraph 1 of this Article shall, in order to meet its basic domestic needs, be entitled to delay for ten years its compliance with the control measures adopted by the Second Meeting of the Parties in London, 29 June 1990, and reference by the Protocol to Articles 2C to 2E shall be read accordingly.
8 ter. Pursuant to paragraph 1 bis above:
(a) Each Party operating under paragraph 1 of this Article shall ensure that for the twelve-month period commencing on 1 January 2016, 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, its calculated level of consumption in 2015;
(b) Each Party operating under paragraph 1 of this Article shall ensure that for the twelve-month period commencing on 1 January 2040, 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;
(c) Each Party operating under paragraph 1 of this Article shall comply with Article 2G;
(d) With regard to the controlled substance contained in Annex E:
(i) As of 1 January 2002 each Party operating under paragraph 1 of this Article shall comply with the control measures set out in paragraph 1 of Article 2H and, as the basis for its compliance with these control measures, it shall use the average of its annual calculated level of consumption and production, respectively, for the period of 1995 to 1998 inclusive;
(ii) Each Party operating under paragraph 1 of this Article shall ensure that for the twelve-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 2H 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.
Article 7: Reporting of data
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
û in Annexes B and C, for the year 1989;
û 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,
û Amounts used for feedstocks,
û Amounts destroyed by technologies approved by the Parties, and
û Imports from and exports to Parties and non-Parties respectively,
for the year during which provisions concerning the substances in Annexes A, B, C and E respectively entered into force for that Party and for each year thereafter. Data shall be forwarded not later than nine months after the end of the year to which the data relate.
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.
Article 8: Non-compliance
The Parties, at their first meeting, shall consider and approve procedures and institutional mechanisms for determining non-compliance with the provisions of this Protocol and for treatment of Parties found to be in non-compliance.
Article 9: Research, development, public awareness and exchange of information
1. The Parties shall co-operate, consistent with their national laws, regulations and practices and 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:
(a) best technologies for improving the containment, recovery, recycling, or destruction of controlled substances or otherwise reducing their emissions;
(b) possible alternatives to controlled substances, to products containing such substances, and to products manufactured with them; and
(c) costs and benefits of relevant control strategies.
2. The Parties, individually, jointly or through competent international bodies, shall co-operate in promoting public awareness of the environmental effects of the emissions of controlled substances and other substances that deplete the ozone layer.
3. Within two 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 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:
(a) Meet, on a grant or concessional basis as appropriate, and according to criteria to be decided upon by the Parties, the agreed incremental costs;
(b) Finance clearing-house functions to:
(i) Assist Parties operating under paragraph 1 of Article 5, through country specific studies and other technical co-operation, to identify their needs for co-operation;
(ii) Facilitate technical co-operation to meet these identified needs;
(iii) Distribute, as provided for in Article 9, information and relevant materials, and hold workshops, training sessions, and other related activities, for the benefit of Parties that are developing countries; and
(iv) Facilitate and monitor other multilateral, regional and bilateral co-operation available to Parties that are developing countries;
(c) Finance the secretarial services of the Multilateral Fund and related support costs.
4. The Multilateral Fund shall operate under the authority of the Parties who shall decide on its overall policies.
5. The Parties shall establish an Executive Committee to develop and monitor the implementation of specific operational policies, guidelines and administrative arrangements, including the disbursement of resources, for the purpose of achieving the objectives of the Multilateral Fund. The Executive Committee shall discharge its tasks and responsibilities, specified in its terms of reference as agreed by the Parties, with the co-operation and assistance of the International Bank for Reconstruction and Development (World Bank), the United Nations Environment Programme, the United Nations Development Programme or other appropriate agencies depending on their respective areas of expertise. The members of the Executive Committee, which shall be selected on the basis of a balanced representation of the Parties operating under paragraph 1 of Article 5 and of the Parties not so operating, shall be endorsed by the Parties.
6. The Multilateral Fund shall be financed by contributions from Parties not operating under paragraph 1 of Article 5 in convertible currency or, in certain circumstances, in kind and/or in national currency, on the basis of the United Nations scale of assessments. Contributions by other Parties shall be encouraged. Bilateral and, in particular cases agreed by a decision of the Parties, regional co-operation may, up to a percentage and consistent with any criteria to be specified by decision of the Parties, be considered as a contribution to the Multilateral Fund, provided that such co-operation, as a minimum:
(a) Strictly relates to compliance with the provisions of this Protocol;
(b) Provides additional resources; and
(c) Meets agreed incremental costs.
7. The Parties shall decide upon the programme budget of the Multilateral Fund for each fiscal period and upon the percentage of contributions of the individual Parties thereto.
8. Resources under the Multilateral Fund shall be disbursed with the concurrence of the beneficiary Party.
9. Decisions by the Parties under this Article shall be taken by consensus whenever possible. If all efforts at consensus have been exhausted and no agreement reached, decisions shall be adopted by a two-thirds majority vote of the Parties present and voting, representing a majority of the Parties operating under paragraph 1 of Article 5 present and voting and a majority of the Parties not so operating present and voting.
10. The financial mechanism set out in this Article is without prejudice to any future arrangements that may be developed with respect to other environmental issues.
Article 10A: Transfer of technology
Each Party shall take every practicable step, consistent with the programmes supported by the financial mechanism, to ensure:
(a) that the best available, environmentally safe substitutes and related technologies are expeditiously transferred to Parties operating under paragraph 1 of Article 5; and
(b) that the transfers referred to in subparagraph (a) occur under fair and most favourable conditions.
Article 11: Meetings of the parties
1. The Parties shall hold meetings at regular intervals. The Secretariat shall convene the first meeting of the Parties not later than one 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:
(a) adopt by consensus rules of procedure for their meetings;
(b) adopt by consensus the financial rules referred to in paragraph 2 of Article 13;
(c) establish the panels and determine the terms of reference referred to in Article 6;
(d) consider and approve the procedures and institutional mechanisms specified in Article 8; and
(e) begin preparation of workplans pursuant to paragraph 3 of Article 10.
[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:
(a) review the implementation of this Protocol;
(b) decide on any adjustments or reductions referred to in paragraph 9 of Article 2;
(c) decide on any addition to, insertion in or removal from any annex of substances and on related control measures in accordance with paragraph 10 of Article 2;
(d) establish, where necessary, guidelines or procedures for reporting of information as provided for in Article 7 and paragraph 3 of Article 9;
(e) review requests for technical assistance submitted pursuant to paragraph 2 of Article 10;
(f) review reports prepared by the secretariat pursuant to subparagraph (c) of Article 12;
(g) assess, in accordance with Article 6, the control measures;
(h) consider and adopt, as required, proposals for amendment of this Protocol or any annex and for any new annex;
(i) consider and adopt the budget for implementing this Protocol; and
(j) consider and undertake any additional action that may be required for the achievement of the purposes of this Protocol.
5. The United Nations, its specialized agencies and the International Atomic Energy Agency, as well as any State not party to this Protocol, may be represented at meetings of the Parties as observers. 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.
Article 12: Secretariat
For the purposes of this Protocol, the Secretariat shall:
(a) arrange for and service meetings of the Parties as provided for in Article 11;
(b) receive and make available, upon request by a Party, data provided pursuant to Article 7;
(c) prepare and distribute regularly to the Parties reports based on information received pursuant to Articles 7 and 9;
(d) notify the Parties of any request for technical assistance received pursuant to Article 10 so as to facilitate the provision of such assistance;
(e) encourage non-Parties to attend the meetings of the Parties as observers and to act in accordance with the provisions of this Protocol;
(f) provide, as appropriate, the information and requests referred to in subparagraphs (c) and (d) to such non-party observers; and
(g) perform such other functions for the achievement of the purposes of this Protocol as may be assigned to it by the Parties.
Article 13: Financial provisions
1. The funds required for the operation of this Protocol, including those for the functioning of the Secretariat related to this Protocol, shall be charged exclusively against contributions from the Parties.
2. The Parties, at their first meeting, shall adopt by consensus financial rules for the operation of this Protocol.
Article 14: Relationship of this Protocol to the Convention
Except as otherwise provided in this Protocol, the provisions of the Convention relating to its protocols shall apply to this Protocol.
Article 15: Signature
This Protocol shall be open for signature by States and by regional economic integration organizations in Montreal on 16 September 1987, in Ottawa from 17 September 1987 to 16 January 1988, and at United Nations Headquarters in New York from 17 January 1988 to 15 September 1988.
Article 16: Entry into force
1. This Protocol shall enter into force on 1 January 1989, provided that at least eleven 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 2H and Article 4, that apply at that date to the States and regional economic integration organizations that became Parties on the date the Protocol entered into force.
Article 18: Reservations
No reservations may be made to this Protocol.
Article 19: Withdrawal
Any Party may withdraw from this Protocol by giving written notification to the Depositary at any time after four 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.
Article 20: Authentic texts
The original of this Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.
IN WITNESS WHEREOF THE UNDERSIGNED, BEING DULY AUTHORIZED TO THAT EFFECT, HAVE SIGNED THIS PROTOCOL.
DONE AT MONTREAL THIS SIXTEENTH 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.
Annex B: Controlled substances
Group Substance Ozone-Depleting Potential
Group I
CF3Cl (CFC-13) 1.0
C2FCl5 (CFC-111) 1.0
C2F2Cl4 (CFC-112) 1.0
C3FCl7 (CFC-211) 1.0
C3F2Cl6 (CFC-212) 1.0
C3F3Cl5 (CFC-213) 1.0
C3F4Cl4 (CFC-214) 1.0
C3F5Cl3 (CFC-215) 1.0
C3F6Cl2 (CFC-216) 1.0
C3F7Cl (CFC-217) 1.0
Group II
CCl4 carbon tetrachloride 1.1
Group III
C2H3Cl3* 1,1,1-trichloroethane* 0.1
(methyl chloroform)
* This formula does not refer to 1,1,2-trichloroethane.
Annex C: Controlled substances
Number of Ozone-Depleting
Group Substance isomers Potential*
Group I
CHFCl2 (HCFC-21)** 1 0.04
CHF2Cl (HCFC-22)** 1 0.055
CH2FCl (HCFC-31) 1 0.02
C2HFCl4 (HCFC-121) 2 0.01û0.04
C2HF2Cl3 (HCFC-122) 3 0.02û0.08
C2HF3Cl2 (HCFC-123) 3 0.02û0.06
CHCl2CF3 (HCFC-123)** û 0.02
C2HF4Cl (HCFC-124) 2 0.02û0.04
CHFClCF3 (HCFC-124)** û 0.022
C2H2FCl3 (HCFC-131) 3 0.007û0.05
C2H2F2Cl2 (HCFC-132) 4 0.008û0.05
C2H2F3Cl (HCFC-133) 3 0.02û0.06
C2H3FCl2 (HCFC-141) 3 0.005û0.07
CH3CFCl2 (HCFC-141b)** û 0.11
C2H3F2Cl (HCFC-142) 3 0.008û0.07
CH3CF2Cl (HCFC-142b)** û 0.065
C2H4FCl (HCFC-151) 2 0.003û0.005
C3HFCl6 (HCFC-221) 5 0.015û0.07
C3HF2Cl5 (HCFC-222) 9 0.01û0.09
C3HF3Cl4 (HCFC-223) 12 0.01û0.08
C3HF4Cl3 (HCFC-224) 12 0.01û0.09
C3HF5Cl2 (HCFC-225) 9 0.02û0.07
CF3CF2CHCl2 (HCFC-225ca)** û 0.025
CF2ClCF2CHClF (HCFC-225cb)** û 0.033
C3HF6Cl (HCFC-226) 5 0.02û0.10
C3H2FCl5 (HCFC-231) 9 0.05û0.09
C3H2F2Cl4 (HCFC-232) 16 0.008û0.10
C3H2F3Cl3 (HCFC-233) 18 0.007û0.23
C3H2F4Cl2 (HCFC-234) 16 0.01û0.28
C3H2F5Cl (HCFC-235) 9 0.03û0.52
C3H3FCl4 (HCFC-241) 12 0.004û0.09
C3H3F2Cl3 (HCFC-242) 18 0.005û0.13
C3H3F3Cl2 (HCFC-243) 18 0.007û0.12
C3H3F4Cl (HCFC-244) 12 0.009û0.14
C3H4FCl3 (HCFC-251) 12 0.001û0.01
C3H4F2Cl2 (HCFC-252) 16 0.005û0.04
C3H4F3Cl (HCFC-253) 12 0.003û0.03
C3H5FCl2 (HCFC-261) 9 0.002û0.02
C3H5F2Cl (HCFC-262) 9 0.002û0.02
C3H6FCl (HCFC-271) 5 0.001û0.03
Number of Ozone-Depleting
Group Substance isomers Potential*
Group II
CHFBr2 1 1.00
CHF2Br (HBFC-22B1) 1 0.74
CH2FBr 1 0.73
C2HFBr4 2 0.3û0.8
C2HF2Br3 3 0.5û1.8
C2HF3Br2 3 0.4û1.6
C2HF4Br 2 0.7û1.2
C2H2FBr3 3 0.1û1.1
C2H2F2Br2 4 0.2û1.5
C2H2F3Br 3 0.7û1.6
C2H3FBr2 3 0.1û1.7
C2H3F2Br 3 0.2û1.1
C2H4FBr 2 0.07û0.1
C3HFBr6 5 0.3û1.5
C3HF2Br5 9 0.2û1.9
C3HF3Br4 12 0.3û1.8
C3HF4Br3 12 0.5û2.2
C3HF5Br2 9 0.9û2.0
C3HF6Br 5 0.7û3.3
C3H2FBr5 9 0.1û1.9
C3H2F2Br4 16 0.2û2.1
C3H2F3Br3 18 0.2û5.6
C3H2F4Br2 16 0.3û7.5
C3H2F5Br 8 0.9û1.4
C3H3FBr4 12 0.08û1.9
C3H3F2Br3 18 0.1û3.1
C3H3F3Br2 18 0.1û2.5
C3H3F4Br 12 0.3û4.4
C3H4FBr3 12 0.03û0.3
C3H4F2Br2 16 0.1û1.0
C3H4F3Br 12 0.07û0.8
C3H5FBr2 9 0.04û0.4
C3H5F2Br 9 0.07û0.8
C3H6FBr 5 0.02û0.7
* Where a range of ODPs is indicated, the highest value in that range shall be used for the purposes of the Protocol. The ODPs listed as a single value have been determined from calculations based on laboratory measurements. Those listed as a range are based on estimates and are less certain. The range pertains to an isomeric group. The upper value is the estimate of the ODP of the isomer with the highest ODP, and the lower value is the estimate of the ODP of the isomer with the lowest ODP.
** Identifies the most commercially viable substances with ODP values listed against them to be used for the purposes of the Protocol.
Annex D:* A list of products** containing controlled substances specified in Annex A
Products Customs code number
1. Automobile and truck air conditioning units
(whether incorporated in vehicles or not) ...................
2. Domestic and commercial refrigeration and air
conditioning/heat pump equipment*** ...................
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.
Annex E: Controlled substance
Group Substance Ozone-Depleting Potential
Group I
CH3Br methyl bromide 0.6
Section U1.3
Summary of control measures under the
Montreal Protocol
Note: 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 û 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, and 10 percent of base level production allowed to be produced additionally to meet the basic domestic needs of parties operating under Article 5(1).
75 percent: January 1, 1994, and 10 percent of base
reduction level production allowed to be produced additionally to meet the basic domestic needs of parties operating under Article 5(1).
100 percent: January 1, 1996 (with possible
reduction exemptions for essential uses), and 15 percent of base level production allowed to be produced additionally to meet the basic domestic needs of parties operating under Article 5(1).
Article 5(1) Parties
Base level: Average of 1995û97
Freeze: July 1, 1999 and 10 percent of base level production allowed to be produced additionally to meet the basic domestic needs of parties operating under Article 5(1).
50 percent: January 1, 2005, and 10 percent of base
reduction level production allowed to be produced additionally to meet the basic domestic needs of parties operating under Article 5(1).
85 percent: January 1, 2007 and 10 percent of base
reduction level production allowed to be produced additionally to meet the basic domestic needs of parties operating under Article 5(1).
100 percent: January 1, 2010 (with possible
reduction exemptions for essential uses) and 15 percent of base level production allowed to be produced additionally to meet the basic domestic needs of parties operating under Article 5(1).
Annex A û Group II: Halons (halon 1211, halon 1301 and halon 2402)
Applicable to production and consumption
Non-Article 5(1) Parties
Base level: 1986
Freeze: January 1, 1992 and 10 percent of base level production allowed to be produced additionally to meet the basic domestic needs of parties operating under Article 5(1).
100 percent: January 1, 1994 (with possible
reduction exemptions for essential uses), and 15 percent of base level production allowed to be produced additionally to meet the basic domestic needs of parties operating under Article 5(1).
Article 5(1) Parties
Base level: Average of 1995û97
Freeze: January 1, 2002 and 10 percent of base level production allowed to be produced additionally to meet the basic domestic needs of parties operating under Article 5(1).
50 percent: January 1, 2005, and 10 percent of base
reduction level production allowed to be produced additionally to meet the basic domestic needs of parties operating under Article 5(1).
100 percent: January 1, 2010 (with possible
reduction exemptions for essential uses) and 15 percent of base level production allowed to be produced additionally to meet the basic domestic needs of parties operating under Article 5(1).
Annex B û 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)
Applicable to production and consumption
Non-Article 5(1) Parties
Base level: 1989
20 percent: January 1, 1993 and 10 percent of base
reduction level production allowed to be produced additionally to meet the basic domestic needs of parties operating under Article 5(1).
75 percent: January 1, 1994 and 10 percent of base
reduction level production allowed to be produced additionally to meet the basic domestic needs of parties operating under Article 5(1).
100 percent: January 1, 1996 (with possible
reduction exemptions for essential uses), and 15 percent of base level production allowed to be produced additionally to meet the basic domestic needs of parties operating under Article 5(1).
Article 5(1) Parties
Base level: Average of 1998û2000
20 percent: January 1, 2003, and 10 percent of base
reduction level production allowed to be produced additionally to meet the basic domestic needs of parties operating under Article 5(1).
85 percent: January 1, 2007 10 percent of base level
reduction production allowed to be produced additionally to meet the basic domestic needs of parties operating under Article 5(1).
100 percent: January 1, 2010 (with possible
reduction exemptions for essential uses), and 15 percent of base level production allowed to be produced additionally to meet the basic domestic needs of parties operating under Article 5(1).
Annex B û Group II: Carbon tetrachloride
Applicable to production and consumption
Non-Article 5(1) Parties
Base level: 1989
85 percent: January 1, 1995 and 10 percent of base
reduction level production allowed to be produced additionally to meet the basic domestic needs of parties operating under Article 5(1).
100 percent: January 1, 1996 (with possible
reduction exemptions for essential uses), and 15 percent of base level production allowed to be produced additionally to meet the basic domestic needs of parties operating under Article 5(1).
Article 5(1) Parties
Base level: Average of 1998û2000
85 percent: January 1, 2005 and 10 percent of base
reduction level production allowed to be produced additionally to meet the basic domestic needs of parties operating under Article 5(1).
100 percent: January 1, 2010 (with possible
reduction exemptions for essential uses), and 15 percent of base level production allowed to be produced additionally to meet the basic domestic needs of parties operating under Article 5(1).
Annex B û 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 and 10 percent of base level production allowed to be produced additionally to meet the basic domestic needs of parties operating under Article 5(1).
50 percent: January 1, 1994 and 10 percent of base
reduction level production allowed to be produced additionally to meet the basic domestic needs of parties operating under Article 5(1).
100 percent: January 1, 1996 (with possible
reduction exemptions for essential uses), and 15 percent of base level production allowed to be produced additionally to meet the basic domestic needs of parties operating under Article 5(1).
Article 5(1) Parties
Base level: Average of 1998û2000
Freeze: January 1, 2003 and 10 percent of base level production allowed to be produced additionally to meet the basic domestic needs of parties operating under Article 5(1).
30 percent: January 1, 2005 and 10 percent of base
reduction level production allowed to be produced additionally to meet the basic domestic needs of parties operating under Article 5(1).
70 percent: January 1, 2010 and 10 percent of base
reduction level production allowed to be produced additionally to meet the basic domestic needs of parties operating under Article 5(1).
100 percent: January 1, 2015 (with possible
reduction exemptions for essential uses), and 15 percent of base level production allowed to be produced additionally to meet the basic domestic needs of parties operating under Article 5(1).
Annex C û Group I: HCFCs
Applicable only to consumption
Non-Article 5(1) Parties
Base level: 1989 HCFC consumption + 2.8 percent of 1989 CFC consumption
Freeze: 1996.
35 percent: January 1, 2004.
reduction
65 percent: January 1, 2010.
reduction
90 percent: January 1, 2015.
reduction
99.5 percent: January 1, 2020, and thereafter,
reduction consumption restricted to the servicing of refrigeration and air-conditioning equipment existing at that date.
100 percent: January 1, 2030.
reduction
Article 5(1) Parties
Base level: 2015 consumption
Freeze: January 1, 2016.
100 percent: January 1, 2040.
reduction
Annex C û Group II: HBFCs
Applicable to production and consumption
Non-Article 5(1) Parties
100 percent: January 1, 1996 (with possible
reduction exemptions for essential uses)
Article 5(1) Parties
100 percent: January 1, 1996 (with possible
reduction exemptions for essential uses)
Annex E: Methyl bromide
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 and 10 percent of base level production allowed to be produced additionally to meet the basic domestic needs of parties operating under Article 5(1).
25 percent: January 1, 1999 and 10 percent of base
reduction level production allowed to be produced additionally to meet the basic domestic needs of parties operating under Article 5(1).
50 percent: January 1, 2001 and 10 percent of base
reduction level production allowed to be produced additionally to meet the basic domestic needs of parties operating under Article 5(1).
70 percent: January 1, 2003 and 10 percent of base
reduction level production allowed to be produced additionally to meet the basic domestic needs of parties operating under Article 5(1).
100 percent: January 1, 2005 with possible
reduction critical use exemptions and 15 percent of base level production allowed to be produced additionally to meet the basic domestic needs of parties operating under Article 5(1).
Article 5(1) Parties
Base level: Average of 1995û98
Freeze: January 1, 2002 and 10 percent of base level production allowed to be produced additionally to meet the basic domestic needs of parties operating under Article 5(1).
20 percent: January 1, 2005.
reduction
100 percent:: January 1,2015 with possible critical
Reduction use exemptions.
Section U1.4
Status of ratification/accession/acceptance/approval of the agreements on
the protection of the stratospheric ozone layer
The Vienna Convention for the Protection of the Ozone Layer (1985)
The Montreal Protocol on Substances that Deplete the Ozone Layer (1987)
The London Amendment to the Montreal Protocol (1990)
The Copenhagen Amendment to the Montreal Protocol (1992)
Information provided by the Depositary, the United Nations Office of Legal Affairs, New York, as of
31 March 1998.
(This information is updated every three months; the latest version is available from the Ozone SecretariatÆs homepage.)
|
Signature |
Signature |
Ratification* |
Ratification* |
Ratification* |
Ratification* |
Ratification* |
|
|
Country |
Vienna Convention |
Montreal Protocol |
Vienna Convention |
Montreal Protocol |
|||
|
Algeria |
20.10.1992(Ac) |
20.10.1992(Ac) |
20.10.1992(Ac) |
||||
|
Antigua & Barbuda |
3.12.1992(Ac) |
3.12.1992(Ac) |
23.2.1993(Ac) |
19.7.1993(Ac) |
|||
|
Argentina1 |
22.3.1985 |
29.6.1988 |
18.1.1990(R) |
18.9.1990(R) |
4.12.1992(R) |
20.4.1995(Ac) |
|
|
Australia |
8.6.1988 |
16.9.1987(Ac) |
19.5.1989(R) |
11.8.1992(Ap) |
30.6.1994(Ac) |
||
|
Austria |
16.9.1985 |
29.8.1988 |
19.8.1987(R) |
3.5.1989(R) |
11.12.1992(R) |
19.9.1996(Ap) |
|
|
Azerbaijan |
12.6.1996(Ac) |
12.6.1996(Ac) |
12.6.1996(Ac) |
12.6.1996(Ac) |
|||
|
Bahamas |
1.4.1993(Ac) |
4.5.1993(Ac) |
4.5.1993(Ac) |
4.5.1993(Ac) |
|||
|
Bahrain2 |
27.4.1990(Ac) |
27.4.1990(Ac) |
23.12.1992(Ac) |
||||
|
Bangladesh |
2.8.1990(Ac) |
2.8.1990(Ac) |
18.3.1994(R) |
||||
|
Barbados |
16.10.1992(Ac) |
16.10.1992(Ac) |
20.7.1994(At) |
20.7.1994(At) |
|||
|
Belarus |
22.3.1985 |
22.1.1988 |
20.6.1986(At) |
31.10.1988(At) |
10.6.1996(R) |
||
|
Belgium |
22.3.1985 |
16.9.1987 |
17.10.1988(R) |
30.12.1988(R) |
5.10.1993(R) |
7.8.1997(R) |
|
|
Belize |
6.6.1997(Ac) |
9.1.1998(Ac) |
9.1.1998(Ac) |
9.1.1998(Ac) |
|||
|
Benin |
1.7.1993(Ac) |
1.7.1993(Ac) |
|||||
|
Bolivia |
3.10.1994(Ac) |
3.10.1994(Ac) |
3.10.1994(Ac) |
3.10.1994(Ac) |
|||
|
Bosnia and Herzegovina |
6.3.1992(Sc) |
6.3.1992(Sc) |
|||||
|
Botswana |
4.12.1991(Ac) |
4.12.1991(Ac) |
13.5.1997(Ac) |
13.5.1997(Ac) |
|||
|
Brazil |
19.3.1990(Ac) |
19.3.1990(Ac) |
1.10.1992(At) |
25.6.1997(R) |
|||
|
Brunei Darussalam |
26.7.1990(Ac) |
27.5.1993(Ac) |
|||||
|
Bulgaria |
20.11.1990(Ac) |
20.11.1990(Ac) |
|||||
|
Burkina Faso |
12.12.1985 |
14.9.1988 |
30.3.1989(R) |
20.7.1989(R) |
10.6.1994(R) |
12.12.1995(R) |
|
|
Burundi |
6.1.1997(Ac) |
6.1.1997(Ac) |
|||||
|
Cameroon |
30.8.1989(Ac) |
30.8.1989(Ac) |
8.6.1992(Ac) |
25.6.1996(Ap) |
|||
|
Canada |
22.3.1985 |
16.9.1987 |
4.6.1986(R) |
30.6.1988(Ac) |
5.7.1990(Ac) |
16.3.1994(R) |
27.3.1998 |
|
Central African Republic |
29.3.1993(Ac) |
29.3.1993(Ac) |
|||||
|
Chad |
18.5.1989(Ac) |
7.6.1994(R) |
|||||
|
Chile3 |
22.3.1985 |
14.6.1988 |
6.3.1990(R) |
26.3.1990(R) |
9.4.1992(Ac) |
14.1.1994(R) |
|
|
China |
11.9.1989(Ac) |
14.6.1991(Ac) |
14.6.1991(Ac) |
||||
|
Signature |
Signature |
Ratification* |
Ratification* |
Ratification* |
Ratification* |
Ratification* |
|
|
Country |
Vienna Convention |
Montreal Protocol |
Vienna Convention |
Montreal Protocol |
|||
|
Colombia |
16.7.1990(Ac) |
6.12.1993(Ac) |
6.12.1993(Ac) |
5.8.1997(At) |
|||
|
Comoros |
31.10.1994(Ac) |
31.10.1994(Ac) |
31.10.1994(Ac) |
||||
|
Congo |
15.9.1988 |
16.11.1994(Ac) |
16.11.1994(Ac) |
16.11.1994(Ac) |
|||
|
Congo, Democratic Republic of |
30.11.1994(Ac) |
30.11.1994(Ac) |
30.11.1994(Ac) |
30.11.1994(Ac) |
|||
|
Costa Rica |
30.7.1991(Ac) |
30.7.1991(Ac) |
|||||
|
Cote dÆIvoire |
5.4.1993(Ac) |
5.4.1993(Ac) |
18.5.1994(R) |
||||
|
Croatia |
8.10.1991(Sc) |
8.10.1991(Sc) |
15.10.1993(R) |
11.2.1997(R) |
|||
|
Cuba |
14.7.1992(Ac) |
14.7.1992(Ac) |
|||||
|
Cyprus |
28.5.1992(Ac) |
28.5.1992(Ac) |
11.10.1994(Ac) |
||||
|
Czech Republic |
1.1.1993(Sc) |
1.1.1993(Sc) |
18.12.1996(Ac) |
18.12.1996(Ac) |
|||
|
Denmark12, 13 |
22.3.1985 |
16.9.1987 |
29.9.1988(R) |
16.12.1988(R) |
20.12.1991(Ac) |
21.12.93(Ap) |
|
|
Dominica |
31.3.1993(Ac) |
31.3.1993(Ac) |
31.3.1993(Ac) |
||||
|
Dominican Republic |
18.5.1993(Ac) |
18.5.1993(Ac) |
|||||
|
Ecuador |
10.4.1990(Ac) |
30.4.1990(Ac) |
23.2.1993(R) |
24.11.93(Ap) |
|||
|
Egypt |
22.3.1985 |
16.9.1987 |
9.5.1988(R) |
2.8.1988(R) |
13.1.1993(R) |
28.6.1994(R) |
|
|
El Salvador |
2.10.1992(Ac) |
2.10.1992(Ac) |
|||||
|
Equatorial Guinea |
17.8.1988(Ac) |
||||||
|
Estonia |
17.10.1996(Ac) |
17.10.1996(Ac) |
|||||
|
Ethiopia |
11.10.1994(Ac) |
11.10.1994(Ac) |
|||||
|
European Community |
22.3.1985 |
16.9.1987 |
17.10.88(Ap) |
16.12.88(Ap) |
20.12.91(Ap) |
20.11.93(Ap) |
|
|
Federated States of Micronesia |
3.8.1994(Ac) |
6.9.1995(Ac) |
|||||
|
Fiji |
23.10.1989(Ac) |
23.10.1989(Ac) |
9.12.1994(Ac) |
||||
|
Finland |
22.3.1985 |
16.9.1987 |
26.9.1986(R) |
23.12.1988(R) |
20.12.1991(Ac) |
16.11.1993(Ac) |
|
|
France |
22.3.1985 |
16.9.1987 |
4.12.1987(Ap) |
28.12.88(Ap) |
12.2.1992(Ap) |
3.1.1996(Ap) |
|
|
Gabon |
9.2.1994(Ac) |
9.2.1994(Ac) |
|||||
|
Gambia |
25.7.1990(Ac) |
25.7.1990(Ac) |
13.3.1995(R) |
||||
|
Georgia |
21.3.1996(Ac) |
21.3.1996(Ac) |
|||||
|
Germany4 |
22.3.1985 |
16.9.1987 |
30.9.1988(R) |
16.12.1988(R) |
27.12.1991(R) |
28.12.1993(R) |
|
|
Ghana |
16.9.1987 |
24.7.1989(R) |
24.7.1989(R) |
24.7.1992(R) |
|||
|
Greece |
22.3.1985 |
29.10.1987 |
29.12.1988(R) |
29.12.1988(R) |
11.5.1993(R) |
30.1.1995(R) |
|
|
Grenada |
31.3.1993(Ac) |
31.3.1993(Ac) |
7.12.1993(Ac) |
||||
|
Guatemala |
11.9.1987(Ac) |
7.11.1989(Ac) |
|||||
|
Guinea |
25.6.1992(Ac) |
25.6.1992(Ac) |
25.6.1992(Ac) |
||||
|
Guyana |
12.8.1993(Ac) |
12.8.1993(Ac) |
|||||
|
Honduras |
14.10.1993(Ac) |
14.10.1993(Ac) |
|||||
|
Hungary |
4.5.1988(Ac) |
20.4.1989(Ac) |
9.11.1993(Ap) |
17.5.1994(Ac) |
|||
|
Iceland |
29.8.1989(Ac) |
29.8.1989(Ac) |
16.6.1993(Ac) |
15.3.1994(R) |
|||
|
India |
18.3.1991(Ac) |
19.6.1992(Ac) |
19.6.1992(Ac) |
||||
|
Indonesia |
21.7.1988 |
26.6.1992(Ac) |
26.6.1992(Ac) |
26.6.1992(Ac) |
|||
|
Iran, Islamic Republic of |
3.10.1990(Ac) |
3.10.1990(Ac) |
4.8.1997(At) |
4.8.1997(At) |
|||
|
Ireland |
15.9.1988 |
15.9.1988(Ac) |
16.12.1988(R) |
20.12.1991(Ac) |
14.6.1996(At) |
||
|
Israel11 |
14.1.1988 |
30.6.1992(Ac) |
30.6.1992(R) |
30.6.1992(R) |
5.4.1995(R) |
||
|
Italy |
22.3.1985 |
16.9.1987 |
19.9.1988(R) |
16.12.1988(R) |
21.2.1992(Ap) |
4.1.1995(R) |
|
|
Jamaica |
31.3.1993(Ac) |
31.3.1993(Ac) |
31.3.1993(Ac) |
6.11.1997(R) |
|||
|
Japan |
16.9.1987 |
30.9.1988(Ac) |
30.9.1988(At) |
4.9.1991(Ac) |
20.12.1994(At) |
||
|
Jordan |
31.5.1989(Ac) |
31.5.1989(Ac) |
12.11.1993(R) |
30.6.1995(R) |
|||
|
Kenya |
16.9.1987 |
9.11.1988(Ac) |
9.11.1988(R) |
27.9.1994(R) |
27.9.1994(R) |
||
|
Kiribati |
7.1.1993(Ac) |
7.1.1993(Ac) |
|||||
|
Signature |
Signature |
Ratification* |
Ratification* |
Ratification* |
Ratification* |
Ratification* |
|
|
Country |
Vienna Convention |
Montreal Protocol |
Vienna Convention |
Montreal Protocol |
|||
|
Korea, Republic of |
27.2.1992(Ac) |
27.2.1992(Ac) |
10.12.1992(Ac) |
2.12.1994(At) |
|||
|
Kuwait |
23.11.1992(Ac) |
23.11.1992(Ac) |
22.7.1994(Ac) |
22.7.1994(Ac) |
|||
|
Latvia |
28.4.1995(Ac) |
28.4.1995(Ac) |
|||||
|
Lebanon |
30.3.1993(Ac) |
31.3.1993(Ac) |
31.3.1993(Ac) |
||||
|
Lesotho |
25.3.1994(Ac) |
25.3.1994(Ac) |
|||||
|
Liberia |
15.1.1996(Ac) |
15.1.1996(Ac) |
15.1.1996(Ac) |
15.1.1996(Ac) |
|||
|
Libyan Arab Jamahiriya |
11.7.1990(Ac) |
11.7.1990(Ac) |
|||||
|
Liechtenstein |
8.2.1989(Ac) |
8.2.1989(Ac) |
24.3.1994(R) |
22.11.1996(Ac) |
|||
|
Lithuania |
18.1.1995(Ac) |
18.1.1995(Ac) |
3.2.1998(R) |
3.2.1998(R) |
|||
|
Luxembourg |
17.4.1985 |
29.1.1988 |
17.10.1988(R) |
17.10.1988(R) |
20.5.1992(R) |
9.5.1994(R) |
|
|
Madagascar |
7.11.1996(Ac) |
7.11.1996(Ac) |
|||||
|
Malawi |
9.1.1991(Ac) |
9.1.1991(Ac) |
8.2.1994(Ap) |
28.2.1994(Ac) |
|||
|
Malaysia |
29.8.1989(Ac) |
29.8.1989(Ac) |
16.6.1993(Ac) |
5.8.1993(Ac) |
|||
|
Maldives |
12.7.1988 |
26.4.1988(Ac) |
16.5.1989(R) |
31.7.1991(R) |
|||
|
Mali |
28.10.1994(Ac) |
28.10.1994(Ac) |
28.10.1994(Ac) |
||||
|
Malta |
15.9.1988 |
15.9.1988(Ac) |
29.12.1988(R) |
4.2.1994(Ap) |
|||
|
Marshall Islands |
11.3.1993(Ac) |
11.3.1993(Ac) |
11.3.1993(Ac) |
24.5.1993(Ac) |
|||
|
Mauritania |
26.5.1994(Ac) |
26.5.1994(Ac) |
|||||
|
Mauritius5 |
18.8.1992(Ac) |
18.8.1992(Ac) |
20.10.1992(Ac) |
30.11.1993(R) |
|||
|
Mexico |
1.4.1985 |
16.9.1987 |
14.9.1987(R) |
31.3.1988(Ac) |
11.10.1991(At) |
16.9.1994(At) |
|
|
Moldova |
24.10.1996(Ac) |
24.10.1996(Ac) |
|||||
|
Monaco |
12.3.1993(Ac) |
12.3.1993(Ac) |
12.3.1993(Ac) |
||||
|
Mongolia |
7.3.1996(Ac) |
7.3.1996(Ac) |
7.3.1996(Ac) |
7.3.1996(Ac) |
|||
|
Morocco |
7.2.1986 |
7.1.1988 |
28.12.1995(Ac) |
28.12.1995(R) |
28.12.1995(R) |
28.12.1995(Ac) |
|
|
Mozambique |
9.9.1994(Ac) |
9.9.1994(Ac) |
9.9.1994(Ac) |
9.9.1994(Ac) |
|||
|
Myanmar |
24.11.1993(Ac) |
24.11.93(Ap) |
24.11.1993(Ac) |
||||
|
Namibia |
20.9.1993(Ac) |
20.9.1993(Ac) |
6.11.1997(R) |
||||
|
Nepal |
6.7.1994(Ac) |
6.7.1994(Ac) |
6.7.1994(Ac) |
||||
|
Netherlands6 |
22.3.1985 |
16.9.1987 |
28.9.1988(Ac) |
16.12.1988(At) |
20.12.1991(Ac) |
25.4.1994(Ac) |
|
|
New Zealand7 |
21.3.1986 |
16.9.1987 |
2.6.1987(R) |
21.7.1988(R) |
1.10.1990(Ac) |
4.6.1993(R) |
|
|
Nicaragua |
5.3.1993(Ac) |
5.3.1993(Ac) |
|||||
|
Niger |
9.10.1992(Ac) |
9.10.1992(Ac) |
11.1.1996(Ac) |
||||
|
Nigeria |
31.10.1988(Ac) |
31.10.1988(Ac) |
|||||
|
Norway |
22.3.1985 |
16.9.1987 |
23.9.1986(R) |
24.6.1988(R) |
18.11.1991(R) |
3.9.1993(At) |
|
|
Pakistan |
18.12.1992(Ac) |
18.12.1992(Ac) |
18.12.1992(Ac) |
17.2.1995(R) |
|||
|
Panama |
16.9.1987 |
13.2.1989(Ac) |
3.3.1989(R) |
10.2.1994(R) |
4.10.1996(Ac) |
||
|
Papua New Guinea |
27.10.1992(Ac) |
27.10.1992(Ac) |
4.5.1993(Ac) |
||||
|
Paraguay |
3.12.1992(Ac) |
3.12.1992(Ac) |
3.12.1992(Ac) |
||||
|
Peru |
22.3.1985 |
7.4.1989(R) |
31.3.1993(Ac) |
31.3.1993(Ac) |
|||
|
Philippines |
14.9.1988 |
17.7.1991(Ac) |
17.7.1991(R) |
9.8.1993(R) |
|||
|
Poland |
13.7.1990(Ac) |
13.7.1990(Ac) |
2.10.1996(Ac) |
2.10.1996(Ac) |
|||
|
Portugal8 |
16.9.1987 |
17.10.1988(Ac) |
17.10.1988(R) |
24.11.1992(R) |
24.2.1998(R) |
||
|
Qatar |
22.1.1996(Ac) |
22.1.1996(Ac) |
22.1.1996(Ac) |
22.1.1996(Ac) |
|||
|
Romania |
27.1.1993(Ac) |
27.1.1993(Ac) |
27.1.1993(Ac) |
||||
|
Russian Federation |
22.3.1985 |
29.12.1987 |
18.6.1986 |
10.11.1988(At) |
13.1.1992(Ac) |
||
|
Saint Kitts & Nevis |
10.8.1992(Ac) |
10.8.1992(Ac) |
|||||
|
Saint Lucia |
28.7.1993(Ac) |
28.7.1993(Ac) |
|||||
|
Saint Vincent and the Grenadines |
2.12.1996(Ac) |
2.12.1996(Ac) |
2.12.1996(Ac) |
2.12.1996(Ac) |
|||
|
Samoa |
21.12.1992(Ac) |
21.12.1992(Ac) |
|||||
|
Saudi Arabia |
1.3.1993(Ac) |
1.3.1993(Ac) |
1.3.1993(Ac) |
1.3.1993(Ac) |
|||
|
Signature |
Signature |
Ratification* |
Ratification* |
Ratification* |
Ratification* |
Ratification* |
|
|
Country |
Vienna Convention |
Montreal Protocol |
Vienna Convention |
Montreal Protocol |
|||
|
Senegal |
16.9.1987 |
19.3.1993(Ac) |
6.5.1993(R) |
6.5.1993(R) |
|||
|
Seychelles |
6.1.1993(Ac) |
6.1.1993(Ac) |
6.1.1993(Ac) |
27.5.1993(Ac) |
|||
|
Singapore |
5.1.1989(Ac) |
5.1.1989(Ac) |
2.3.1993(Ac) |
||||
|
Slovakia |
28.5.1993(Sc) |
28.5.1993(Sc) |
15.4.1994(Ap) |
9.1.1998(Ac) |
|||
|
Slovenia |
6.7.1992(Sc) |
6.7.1992(Sc) |
8.12.1992(At) |
||||
|
Solomon Islands |
17.6.1993(Ac) |
17.6.1993(Ac) |
|||||
|
South Africa |
15.1.1990(Ac) |
15.1.1990(Ac) |
12.5.1992(Ac) |
||||
|
Spain |
21.7.1988 |
25.7.1988(Ac) |
16.12.1988(R) |
19.5.1992(Ac) |
5.6.1995(At) |
||
|
Sri Lanka |
15.12.1989(Ac) |
15.12.1989(Ac) |
16.6.1993(Ac) |
7.7.1997(Ac) |
|||
|
Sudan |
29.1.1993(Ac) |
29.1.1993(Ac) |
|||||
|
Sudan |
29.1.1993(Ac) |
29.1.1993(Ac) |
|||||
|
Suriname |
14.10.1997(Ac) |
14.10.1997(Ac) |
|||||
|
Sweden |
22.3.1985 |
16.9.1987 |
26.11.1986(R) |
29.6.1988(R) |
2.8.1991(R) |
9.8.1993(R) |
|
|
Switzerland |
22.3.1985 |
16.9.1987 |
17.12.1987(R) |
28.12.1988(R) |
16.9.1992(R) |
16.9.1996(R) |
|
|
Syrian Arab Republic |
12.12.1989(Ac) |
12.12.1989(Ac) |
|||||
|
Tajikistan |
6.5.1996(Ac) |
7.1.1998(Ac) |
7.1.1998(Ac) |
||||
|
Tanzania, United Republic of |
7.4.1993(Ac) |
16.4.1993(Ac) |
16.4.1993(Ac) |
||||
|
Thailand |
15.9.1988 |
7.7.1989(Ac) |
7.7.1989(R) |
25.6.1992(R) |
1.12.1995(R) |
||
|
The former Yugoslav Republic of Macedonia |
10.3.1994(Sc) |
10.3.1994(Sc) |
|||||
|
Togo |
16.9.1987 |
25.2.1991(R) |
25.2.1991(Ac) |
||||
|
Trinidad and Tobago |
28.8.1989(Ac) |
28.8.1989(Ac) |
|||||
|
Tunisia |
25.9.1989(Ac) |
25.9.1989(Ac) |
15.7.1993(Ac) |
2.2.1995(Ac) |
|||
|
Turkey |
20.9.1991(Ac) |
20.9.1991(Ac) |
13.4.1995(R) |
10.11.1995(R) |
|||
|
Turkmenistan |
18.11.1993(Ac) |
18.11.1993(Ac) |
15.3.1994(Ac) |
||||
|
Tuvalu |
15.7.1993(Ac) |
15.7.1993(Ac) |
|||||
|
Uganda |
15.9.1988 |
24.6.1988(At) |
15.9.1988(R) |
20.1.1994(R) |
|||
|
Ukraine |
22.3.1985 |
18.2.1988 |
18.6.1986(At) |
20.9.1988(At) |
6.2.1997(R) |
||
|
United Arab Emirates |
22.12.1989(Ac) |
22.12.1989(Ac) |
|||||
|
United Kingdom10 |
20.5.1985 |
16.9.1987 |
15.5.1987(R) |
16.12.1988(R) |
20.12.1991(R) |
4.1.1995(R) |
|
|
USA |
22.3.1985 |
16.9.1987 |
27.8.1986(R) |
21.4.1988(R) |
18.12.1991(R) |
2.3.1994(R) |
|
|
Uruguay |
27.2.1989(Ac) |
8.1.1991(Ac) |
16.11.1993(R) |
3.7.1997(Ac) |
|||
|
Uzbekistan |
18.5.1993(Ac) |
18.5.1993(Ac) |
|||||
|
Vanuatu |
21.11.1994(Ac) |
21.11.1994(Ac) |
21.11.1994(At) |
21.11.1994(At) |
|||
|
Venezuela |
16.9.1987 |
1.9.1988(Ac) |
6.2.1989(R) |
29.7.1993(R) |
10.12.1997(R) |
||
|
Viet Nam |
26.1.1994(Ac) |
26.1.1994(Ac) |
26.1.1994(Ac) |
26.1.1994(Ac) |
|||
|
Yemen |
21.2.1996(Ac) |
21.2.1996(Ac) |
|||||
|
Yugoslavia |
16.4.1990(Ac) |
3.1.1991(Ac) |
|||||
|
Zambia |
24.1.1990(Ac) |
24.1.1990(Ac) |
15.4.1994(R) |
||||
|
Zimbabwe |
3.11.1992(Ac) |
3.11.1992(Ac) |
3.6.1994(R) |
3.6.1994(R) |
|||
|
Total |
28 |
46 |
166 |
165 |
120 |
78 |
1 |
Notes
R: Ratification Ac: Accession At: Acceptance Ap: Approval Sc: Succession
* Entry into force is after ninety days following the date of ratification/accession/acceptance/approval for those States which concluded the treaty after it entered into force i.e.
Vienna Convention (22.9.1988);
Montreal Protocol (1.1.1989);
London Amendment (10.8.1992);
Copenhagen Amendment (14.6.1994).
1
Ratification for the Convention and the Protocol were received with the following reservation:The Argentine Republic rejects the ratification on 15 May 1987 of the "Convention for the Protection of the Ozone Layer" by the Government of the United Kingdom of Great Britain and Northern Ireland, communicated by the Secretary-General of the United Nations in Note C.N.112.1987.TREATIES-1 (Depositary Notification), in respect of the Malvinas Islands, South Georgia and South Sandwich Islands and reaffirms its sovereignty over the said islands, which form an integral part of its national territory.
The United Nations General Assembly has adopted resolutions 2065 (XX), 3160 (XXVIII), 31/49, 37/9, 38/12 and 39/6, which recognize the existence of a sovereignty dispute relating to the question of the Malvinas Islands and request the Argentine Republic and the United Kingdom of Great Britain and Northern Ireland to resume negotiations in order to find as soon as possible a peaceful and definitive solution to the dispute and their remaining differences relating to the question, with the intercession of the good offices of the Secretary-General, who is to report to the General Assembly on the progress made. The United Nations General Assembly has also adopted resolutions 40/21 and 41/40, which again request both parties to resume negotiations.
The Argentine Republic also rejects the ratification of the Convention by the Government of the United Kingdom of Great Britain and Northern Ireland in respect of what is termed by the United Kingdom the "British Antarctic Territory" and reaffirms its legitimate rights of territorial sovereignty over the Argentine Antarctic Sector, comprising the territory between 25- and 74- West Longitude and 60- South Latitude and the South Pole, and its coastal jurisdiction in the Antarctic under international law. Those rights, which are based on historical and geographical titles, are safeguarded by Article IV of the Antarctic Treaty.
2
Upon accession, the Government of Bahrain declared that the accession shall in no way constitute recognition of Israel or be a cause for the establishment of any relations of any kind therewith. A similar declaration was made in respect of the Montreal Protocol and the London Amendment.3
Upon ratification, the Government of Chile made the following declaration:The Government of the Republic of Chile, upon depositing the instrument of ratification of the Vienna Convention for the Protection of the Ozone Layer, and in so doing, states that it rejects the declarations made by the United Kingdom of Great Britain and Northern Ireland upon ratification of the Convention and by the Argentine Republic in objecting to that declaration, inasmuch as both declarations affect corresponding maritime jurisdictions. It once again reaffirms its sovereignty over that territory, including its sovereignty over maritime spaces, in accordance with the definition established by Supreme Decree 1, 747, of 6 November 1940. A similar declaration was made in respect of the Montreal Protocol.
4
UNEP received a note verbale on 1 October 1990, from the Permanent Representative of the Federal Republic of Germany to UNEP to the effect that through the accession of the German Democratic Republic to the Federal Republic of Germany with effect from 3 October 1990, the two German States have united to form one sovereign state. As from the date of unification, the Federal Republic of Germany will act in the UN under the designation of Germany. The applicable dates of ratification and entry into force are those of the Federal Republic of Germany. The German Democratic Republic had acceded to the Convention on 25 January 1989. A similar note verbale was received by UNEP in respect of the Montreal Protocol.5
Upon accession the Government of Mauritius made the following declaration:"The Republic of Mauritius rejects the ratification of 15 May 1987 of the Vienna Convention for the Protection of the Ozone Layer by the Government of the United Kingdom of Great Britain and Northern Ireland, communicated by the Secretary-General of the United Nations in Note C.N. 112.1987 TREATIES (Depositary Notification) in respect of the British Indian Ocean Territory namely Chagos Archipelago, and reaffirms its sovereignty over the Chagos Archipelago which form an integral part of its national territory."
A similar declaration was made in respect of the Montreal Protocol.
6
For the Kingdom in Europe, the Netherlands Antilles and Aruba.7
The instrument of ratification indicates that in accordance with the special relationship which exists between New Zealand and the Cook Islands and between New Zealand and Niue, there have been consultations regarding the Convention between the Government of New Zealand and the Government of Cook Islands and between the Government of New Zealand and the Government of Niue, that the Government of the Cook Islands, which has exclusive competence to implement treaties in the Cook Islands, has requested that the Convention should extend to the Cook Islands, that the Government of Niue which has exclusive competence to implement treaties in Niue, has requested that the Convention should extend to Niue. The said instrument specifies that accordingly the Convention shall apply also to the Cook Islands and Niue. However, the Montreal Protocol shall not apply to the Cook Islands and Niue while the Copenhagen Amendment is applicable only to New Zealand and Tokelau.8
On 15 February 1994, the UN Secretary-General received from the Government of Portugal the notification of application of the Vienna Convention, the Montreal Protocol and the London Amendment to Macau.9
UNEP received a note on 31 December 1991, from the Permanent Representative of the Russian Federation to UNEP to the effect that the Russian Federation continues the membership of the former Union of Soviet Socialist Republics in all conventions, agreements and other international legal instruments concluded in its framework or under its auspices. A similar note was received in respect of the Montreal Protocol.10
The instrument of ratification specifies that the Convention is ratified in respect of the United Kingdom of Great Britain and Northern Ireland, the Bailiwick of Jersey, the Bailiwick of Guernsey, the Isle of Man, Anguilla, Bermuda, British Antarctic Territory, British Indian Ocean Territory, British Virgin Islands, Cayman Islands, Falkland Islands, Gibraltar, Hong Kong, Monserrat, Pitcairn, Henderson, Ducie and Oeno Islands, Saint Helena, Saint Helena Dependencies, South Georgia and South Sandwich Islands, Turks and Caicos Islands and United Kingdom of Sovereign Base Areas of Akrotiri and Dhekelia in the Island of Cyprus. A similar application was expressed in respect of the Montreal Protocol and its Amendments but without extending it to United Kingdom of Sovereign Base Areas of Akrotiri and Dhekalia in the Island of Cyprus.On 6 July 1990, the Secretary-General received from the Government of the United Kingdom of Great Britain and Northern Ireland the following objection concerning the reservations made by Argentina:
The instrument contained a reservation rejecting the ratification of the Convention by the United Kingdom of Great Britain and Northern Ireland in respect of the Falkland Islands, South Georgia and the South Sandwich Islands and the British Antarctic Territory.
The Government of the United Kingdom of Great Britain and Northern Ireland wishes to state that they have no doubt as to British sovereignty over the Falkland Islands, South Georgia and the South Sandwich Islands and the British Antarctic Territory, and their consequent right to extend treaties to those territories. In respect of the British Antarctic Territory, the Government of the United Kingdom would draw attention to the provisions of Article IV of the Antarctic Treaty of 1 December 1959, to which both Argentina and the United Kingdom are parties. For the above reasons the Government of the United Kingdom rejects the Argentine reservation.
On 2 August 1990, the following objection was received by the Depositary from the
"The Government of the United Kingdom of Great Britain and Northern Ireland have no doubt as to British Sovereignty over the British Antarctic Territory. In this respect, the Government of the United Kingdom would draw attention to the provisions of Article IV of the Antarctic Treaty of 1 December 1959 to which both Chile and the United Kingdom are parties. For the above reasons, the Government of the United Kingdom rejects the Chile declaration."
On 27 January 1993, the UN Secretary-General received from the Government of the United Kingdom of Great Britain and Northern Ireland the following communication with respect to the declarations made by Mauritius upon the latterÆs accession to the Vienna Convention for the Protection of the Ozone Layer and the Montreal Protocol on Substances that Deplete the Ozone Layer:
"The Government of the United Kingdom of Great Britain and Northern Ireland have no doubt as to British sovereignty over the British Indian Ocean Territory and their consequent right to extend the application of the above Convention and Protocol to it. Accordingly the Government of the United Kingdom do not accept or regard as having any legal effect the declarations made by the Government of the Republic of Mauritius."
11
On 18 July 1990, the following objection was received by the Depositary from the Government of Israel:"The Government of the State of Israel has noted that the instrument of accession of Bahrain to the above-mentioned Convention and Protocol contains a declaration in respect of Israel. In view of the Government of the State of Israel such declaration, which is explicitly of a political character, is incompatible with the purposes and objectives of the Convention and Protocol and cannot in any way affect whatever obligations are binding upon Bahrain under general international law or under particular conventions. The Government of the State of Israel will, in so far as concerns the substance of the matter, adopt towards Bahrain an attitude of complete reciprocity."
12
In a letter dated 18 December 1991 to the Depositary, Denmark expressed reservation on the application of the Montreal Protocol to the Faroe Islands. In the same letter, Denmark lifted the earlier reservation on the application of the Protocol to Greenland.13
On 12 February 1997, Denmark notified the Depositary to the effect that the reservation for the application of the above Protocol to the Faroe Islands is lifted.List of Parties categorized as operating under Article 5 paragraph 1
of the Montreal Protocol
[Source: Decisions of meetings of the Parties (see Section 2.3)]
List of Parties temporarily categorized as operating under Article 5 paragraph 1
of the Montreal Protocol
Categorization is temporary pending receipt of complete split data.
Part II
The Operation
of the
Ozone Regime
Section U2.1
Decisions adopted by the Conferences of the Parties
to the Vienna Convention
in respect of each article of the Convention
The following three pages list the decisions adopted by each Conference of the Parties to the Vienna Convention cross-referred to the related article(s) of the Convention, together with the annexes to which they refer.
The text of the decisions of the first three Conferences of the Parties is reproduced in the fourth edition of the Handbook; decisions of the fourth Conference are included in this Update, in the remainder of Section U2.1. All decisions are organized by the articles of the Convention to which they relate.
The more important annexes are also included in the Handbook and Update; annexes which are of transient importance only are not included, but may be found in the reports of the Conferences of the Parties to the Vienna Convention available from the Ozone Secretariat.
Index to the decisions
First Conference of the Parties (Helsinki, 26û28 April 1989)
Decision Title Relevant article(s) Page
VCI/1 Rules of procedure for Conferences of the Parties 6 68
VCI/2 Reporting of measures taken by Parties 5 68
VCI/3 Relationship between the Vienna Convention and the Montreal Protocol 8 74
VCI/4 Research, observations and transfer of technology 3 65
VCI/5 Research capability of developing countries 3 65
VCI/6 Subsidiary bodies 6 73
VCI/7 Arbitration procedure 11 75
VCI/8 Designation of Secretariat 7 74
VCI/9 Financial arrangements 6 69
VCI/10 Voluntary contributions to Trust Fund 6 71
Annex Title Relevant article(s) Page
I Rules of procedure See Section 1.5 52
II Arbitration procedure 11 75
III Terms of reference for the administration of the Trust Fund 6 70
IV Budget for the Secretariat û
V Formula for voluntary contributions to the Trust Fund û
Second Conference of the Parties (Nairobi, 17û19 June 1991)
Decision Title Relevant article(s) Page
VCII/1 Amendments to the rules of procedure 6 68
VCII/2 Information exchange under Annex II to the Vienna Convention 3 65
VCII/3 Amendment procedure under the Vienna Convention 9 74
VCII/4 Recommendations of the Ozone Research Managers 3 67
VCII/5 Review of scientific information 3 66
VCII/6 Adjustments and Amendment to the Montreal Protocol 14 77
VCII/7 Implementation of Decision VCI/5 3 66
VCII/8 Meetings of the Conference of the Parties 6 69
VCII/9 Expansion of the Global Ozone Observing System Network 3 66
VCII/10 Budgets and financial matters 6 72
VCII/11 Third meeting of the Conference of the Parties 6 69
Annex Title Relevant article(s) Page
I Trust Fund for the Vienna Convention: revised 1991 and proposed 1992 and 1993 û
budgets for the Secretariat
II Trust Fund for the Vienna Convention: pledged contributions by Parties for 1992 and 1993 û
III Trust Fund for the Vienna Convention: status of contributions by Parties in 1990 and 1991 û
IV Trust Fund for the Vienna Convention: 1990 expenditures û
Third Conference of the Parties (Bangkok, 23 November 1993)
Decision Title Relevant article(s) Page
VCIII/1 Adjustments and Amendments to the Montreal Protocol 14 77
VCIII/2 Reports of the Assessment Panels 3 66
VCIII/3 Amendment procedure under the Vienna Convention 9 74
VCIII/4 Reporting for the purposes of Annex I to the Vienna Convention 3 66
VCIII/5 Recommendations of the second meeting of the Ozone Research Managers 3 67
VCIII/6 Budgets and financial matters 6 72
VCIII/7 Fourth meeting of the Conference of the Parties to the Vienna Convention 6 69
for the Protection of the Ozone Layer
VCIII/8 Future meetings of the Ozone Research Managers 3 68
Annex Title Relevant article(s) Page
I Trust Fund for the Vienna Convention: scale of 1994, 1995, 1996 and 1997 û
contributions
II Trust Fund for the Vienna Convention: approved 1993, 1994, 1995, 1996 û
and 1997 budgets for the Ozone Secretariat
Fourth Conference of the Parties (San José, 25 and 27 November 1996)
Decision Title Relevant article(s) Page
VCIV/1 Adjustments and Amendments to the Montreal Protocol 14 U46
VCIV/2 Reports of the three Assessment Panels 3 U44
VCIV/3 Recommendations of the third meeting of the Ozone Research Managers 3 U44
VCIV/4 Funding matters 3 U44
VCIV/5 Budget and financial matters 6 U45
VCIV/6 Fifth meeting of the Conference of the Parties to the Vienna Convention 6 U45
for the Protection of the Ozone Layer
Annex Title Relevant article(s) Page
I Trust Fund for the Vienna Convention: budgets for 1996, 1997, 1998, 1999 û
and 2000
II Trust Fund for the Vienna Convention: scale of 1997, 1998, 1999 and 2000 û
contributions
Article 3: Research and systematic observations
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.
Decisions on Ozone Research Managers
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:
(a) To maintain and further develop monitoring and archiving of measurements of stratospheric and tropospheric ozone, including vertical profiles and other trace species and aerosols, and to pursue the development and implementation of new observational capacities, such as aircraft and satellite-based measurements;
(b) To increase investigation and quantification of stratospheric and tropospheric processes through routine monitoring and experimental campaigns to understand current changes and to further develop predictions of stratospheric change both for the short and long term;
(c) To investigate the interactions between ozone and climate and the impact of aircraft emissions;
(d) To cooperate with the World Meteorological Organization in its continued work towards coordinated and compatible UV-B measurements and their archiving;
(e) To enhance research on the effects of UV-B through, inter alia, establishing baseline data on biological systems and establishing the interactions with other environmental factors such as climate change;
(f) To cooperate with the World Meteorological Organization and the United Nations Environment Programme to enhance training and baseline monitoring of ozone, UV-B radiation and related research in developing countries;
(g) To make additional voluntary contributions to the World Meteorological OrganizationÆs Trust Fund for environmental monitoring for the Global Ozone Observing System.
Article 6: Conference of the Parties
Decisions on meetings of the Conference of the Parties
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.
Decisions on financial matters
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 1992û1993 ended 31 December 1993; first year of biennium 1994û1995 as at 31 December 1994 and the biennium 1994û1995 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 this report;
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 this report;
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.
Article 14: Accession
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.
Section U2.2
Index to decisions (and annexes)
adopted by the Meetings of the Parties
to the Montreal Protocol
This section lists the decisions adopted by each Meeting of the Parties to the Montreal Protocol cross-referred to the related article(s) of the Protocol, together with the annexes and appendices to which they refer.
Section 2.3 of the fourth edition of the Handbook reproduces the text of the decisions of the first seven Meetings of the Parties, organized by articles of the Protocol. Section U2.3 of this Update reproduces the text of the decisions of the eighth and ninth Meetings of the Parties, similarly organized.
Decisions which are relevant to one or more Articles are reproduced, either in whole or in part, under each relevant Article.
Those annexes and appendices to the decisions which are of lasting relevance can be found elsewhere in the Handbook and Update, mostly in Sections 2.4û2.11 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 or Update may be found in the reports of the Meetings of the Parties to the Montreal Protocol available from the Ozone Secretariat from its web pages.
First Meeting of the Parties (Helsinki, 2û5 May 1989)
Decision Title Relevant article(s) Page
I/1 Rules of procedure for Meetings of the Parties 11 165
I/2 Establishment of Bureau 11 167
I/3 Establishment of Assessment Panels 6 128
I/4 Workplans required by Articles 9 and 10 of the Protocol 9, 10A 146, 162
I/5 Establishment of Open-ended Working Group 6, 11 128, 165
I/6 Meetings of Open-ended Working Group 11 166
I/7 Participation by non-Parties 11 166
I/8 Non-compliance 8 138
I/9 ODP for halon 2402 2 105
I/10 Characteristics of relevant substances 6 128
I/11 Report and confidentiality of data 7 133
I/12A Clarification of terms and definitions: Controlled substances (in bulk) 1 89
I/12B Clarification of terms and definitions: Controlled substances produced 1 91
I/12C Clarification of terms and definitions: Basic domestic needs 2, 5 99, 123
I/12D Clarification of terms and definitions: Industrial rationalization 1 97
I/12E Clarification of terms and definitions: Developing countries 5 119
I/12F Clarification of terms and definitions: Destruction 1 92
I/12G Clarification of terms and definitions: Article 2, paragraph 6 2 113
I/12H Clarification of terms and definitions: Exports and imports of 1 94
used controlled substances
I/13 Assistance to developing countries 10 147
I/14 Financial arrangements 13 169
I/15 Helsinki Declaration 2 98
Annex Title Section of the Handbook Page
I Rules of procedure 1.5 52
II Terms of reference for the administration of the Trust Fund 2.10 239
for the Montreal Protocol
III Formula for voluntary contributions to the Trust Fund û
IV Budget under the Montreal Protocol û
V Composition of the panels 2.6 187
VI Terms of reference for the panels 2.6 190
VII Modification of the harmonized commodity description and coding system û
in order to facilitate collection and comparison of data
App. I Helsinki Declaration on the protection of the ozone layer 2.11 241
Second Meeting of the Parties (London, 27û29 June 1990)
Decision Title Relevant article(s) Page
II/1 Adjustments and reductions 2 98
II/2 Amendment of the Protocol 14 172
II/3 Halons 2 105
II/4 Isomers 1 90
II/5 Non-compliance 8 138
II/6 Article 19 (Withdrawal) 19 175
II/7 Montreal Protocol Handbook 12 168
II/8 Financial mechanism 10 147
II/8A Budget for the Fund Secretariat 10 148
II/8B Acceptance of the offer of Canada 10 149
II/9 Data reporting 7 133
II/10 Data of developing countries 5 119
II/11 Destruction technologies 1 93
II/12 Customs Co-operation Council 7 133
II/13 Assessment panels 6 128
II/14 Workplans required by Article 9 and 10 of the Protocol 9, 10A 146, 162
II/15 Extension of the mandate of the Open-ended Working Group of the Parties 4, 11 117, 166
II/16 Amendment of the Vienna Convention 14 172
II/17 Budget 13 169
II/18 Meetings of the Open-ended Working Group 11 166
II/19 Rules of procedure for Meetings of the Parties 11 165
II/20 Third Meeting of the Parties 11 164
Annex Title Section of the Handbook Page
I Adjustments to the Montreal Protocol 4.3 276
II Amendment to the Montreal Protocol 4.4 284
III Non-compliance procedure 2.7 195
IV Appendices to Decision II/8 ("financial mechanism")
App.I Indicative list of categories of incremental costs û
App.II Terms of reference of the Excutive Committee 2.8 201
App.III Multilateral Fund for the financial mechanism: scale of contributions û
App.IV Terms of reference for the Interim Multilateral Fund 2.8 199
V Provisional budget for the Multilateral Fund Secretariat for 1991 û
VI Revised budget under the Montreal Protocol for the year 1990 û
VII Resolution by the Governments and European Communities represented 2.11 241
at the second Meeting of the Parties
Third Meeting of the Parties (Nairobi, 19û21 June 1991)
Decision Title Relevant article(s) Page
III/1 Adjustments and Amendment 2, 15 98, 173
III/2 Non-compliance procedures 8 138
III/3 Implementation Committee 5, 7, 8 119, 134,
139
III/4 Montreal Protocol Handbook 12 168
III/5 Definition of developing countries 5 120
III/6 Participation of developing countries 5 127
III/7 Data reporting 7 134
III/8 Trade names of controlled substances 1 90
III/9 Formats for reporting data under the amended Protocol 7 134
III/10 Destruction technologies 1 93
III/11 Open-ended Working Group of the Parties 11 166
III/12 Assessment Panels 2, 6 107, 129
III/13 Further adjustments to and amendments of the Montreal Protocol 5, 7 120, 136
III/14 Amendment of the rules of procedure 11 165
III/15 Annex to the Montreal Protocol 4 115
III/16 Trade issues 4 118
III/17 Amendment of the Vienna Convention 8 139
III/18 Fourth Meeting of the Parties to the Montreal Protocol 11 164
III/19 Financial mechanism 10 149
III/20 Composition of the Implementation Committee 8 140
III/21 Budgets and financial matters 13 169
III/22 Executive Committee of the Multilateral Fund 10 149
Annex Title Section of the Handbook Page
I Montreal Protocol Trust Fund budgets for the Secretariat revised 1991 and 1992 and 1993 û
II Pledged contributions by Parties towards the Montreal Protocol Trust Fund for 1992 and 1993 û
III Status of contributions by Parties towards the Montreal Protocol Trust Fund for 1990 and 1991 û
IV 1990 expenditures for the Trust Fund for the Montreal Protocol û
V New Annex to the Montreal Protocol (Annex D) û
VI Rules of procedure for meetings of the Executive Committee for the 2.8 203
Interim Multilateral Fund
VII Revised budget for the Fund Secretariat for 1991 û
IX Three year budget for the Fund operations 1991û1993 û
X Multilateral Fund for the financial mechanism: scale of contributions for 1991, 1992 and 1993 û
XI Formats for reporting data under the amended Montreal Protocol û
Fourth Meeting of the Parties (Copenhagen, 23û25 November 1992)
Decision Title Relevant article(s) Page
IV/1 Amendment adopted by the Second Meeting of the Parties (London Amendment) 15 173
IV/2 Further adjustments and reductions (Annex A) 2 98
IV/3 Further adjustments and reductions (Annex B) 2 98
IV/4 Further Amendment of the Protocol 14 172
IV/5 Non-compliance procedure 8 140
IV/6 Implementation Committee 8 140
IV/7 Definition of developing countries 5 121
IV/8 Participation of developing countries 5 127
IV/9 Data and information reporting 7 134
IV/10 Trade names of controlled substances 1 91
IV/11 Destruction technologies 1 93
IV/12 Clarification of the definition of controlled substances 1 90
IV/13 Assessment panels 6 129
IV/14 Transshipment of controlled substances 7 136
IV/15 Situation whereby Parties operating under paragraph 1 of Article 5 5 121
exceed the consumption limit set in that Article
IV/16 Annex D to the Montreal Protocol 4 116
IV/17A Trade issues 4 118
IV/17B Application to Colombia of paragraph 8 of Article 4 of the amended 4 114
Montreal Protocol
IV/17C Application of trade measures under Article 4 to non-Parties to the Protocol 4 114
IV/18 Financial mechanism 10 150
IV/19 Budgets and financial matters 13 170
IV/20 Executive Committee of the Multilateral Fund 10 152
IV/21 Temporary difficulties encountered by Hungary, Bulgaria and Poland 10 160
IV/22 Bureau of the Montreal Protocol 11 167
IV/23 Methyl bromide 2 109
IV/24 Recovery, reclamation and recycling of controlled substances 1 94
IV/25 Essential uses 2 101
IV/26 International recycled halon bank management 2 106
IV/27 Implementation of paragraph 4 of Article 4 of the Protocol 4 116
IV/28 Implementation of paragraph 3 bis of Article 4 of the Protocol 4 116
IV/29 Meeting the needs of Parties operating under paragraph 1 of Article 5 of the Protocol 5 123
IV/30 Hydrochlorofluorocarbons (HCFCs) 2 107
IV/31 Fifth Meeting of the Parties to the Montreal Protocol 11 164
Annex Title Section of the Handbook Page
I Adjustments to Articles 2A and 2B of the Montreal Protocol 4.3 278
II Adjustments to Articles 2C, 2D and 2E of the Montreal Protocol 4.3 279
III Amendment to the Montreal Protocol 4.5 295
IV Non-compliance procedure 2.7 196
V Indicative list of measures that might be taken by a Meeting of the Parties 2.7 198
in respect of non-compliance with the Protocol
VI Approved destruction processes 2.4 176
VII Suggested regulatory standards for destruction facilities 2.4 176
VIII Indicative list of categories of incremental costs 2.9 214
IX Terms of reference for the Multilateral Fund 2.9 206
X Terms of reference for the Executive Committee 2.9 208
XI Trust Fund for the Montreal Protocol; scale of 1993 and 1994 contributions û
XII Revised 1992 and 1993 budgets and proposed 1994 budget for the û
Secretariat of the Vienna Convention and its Montreal Protocol
XIII Interim Multilateral Fund Secretariat: approved budget and revised estimated expenditure for 1992 û
XIV Multilateral Fund for the financial mechanism: scale of contributions for 1993 and 1994 û
XV Resolution adopted by the Parties to the Montreal Protocol 2.11 244
XVI Question of Yugoslavia 2.11 244
Fifth Meeting of the Parties (Bangkok, 17û19 November 1993)
Decision Title Relevant article(s) Page
V/1 Amendments adopted by the Second Meeting of the Parties 15 173
(London Amendment) and by the Fourth Meeting of the Parties
(Copenhagen Amendment)
V/2 Implementation Committee 8 140
V/3 Application of trade measures under Article 4 to non-Parties to the London 4 114
Amendment
V/4 Classification of certain developing countries as not operating under 5 121
Article 5 and reclassification of certain developing countries earlier
classified as not operating under Article 5
V/5 Revised format for reporting of data under Article 7 7 135
V/6 Data and information reporting 7 135
V/7 Review of the functioning of the Financial Mechanism since 1 January 1991 10 152
V/8 Consideration of alternatives 2 108
V/9 Executive Committee of the Multilateral Fund for the Implementation 10 153
of the Montreal Protocol
V/10 Temporary difficulties encountered by Hungary, Bulgaria, Poland and other 10 161
countries with economies in transition
V/11 Review under paragraph 8 of Article 5 of the Protocol 5 126
V/12 Review under section II, paragraph 4, of decision IV/18 of the Fourth Meeting 10 153
of the Parties to the Montreal Protocol
V/13 Assessment panel reports 6 130
V/14 Essential uses of halons 2 102
V/15 International halon bank management 2 106
V/16 Supply of halons to Parties operating under paragraph 1 of Article 5 5 123
of the Protocol
V/17 Feasibility of banning or restricting from States not party to the Montreal 4 116
Protocol the import of products produced with, but not containing,
controlled substances in Annex A, in accordance with paragraph 4 of
Article 4 of the Protocol
V/18 Timetable for the submission and consideration of essential use nominations 2 102
V/19 Control measures to be applicable to Parties operating under paragraph 1 of 5 122
Article 5 of the Protocol with respect to the controlled substances in Group I
of Annex C, Group II of Annex, C and Annex E
V/20 Extension of application of trade measures under Article 4 to controlled 4 116
substances listed in Group I of Annex C and in Annex E
V/21 Budgets and financial matters 13 170
V/22 Bureau of the Fourth Meeting of the Parties to the Montreal Protocol 11 167
V/23 Funding of methyl bromide projects by the Executive Committee of the 10 153
Multilateral Fund for the Implementation of the Montreal Protocol
V/24 Trade in controlled substances and the Basel Convention on Transboundary 1 97
Movement of Hazardous Wastes and their Disposal
V/25 Provision of information on the supply of controlled substances to Parties 5 124
operating under paragraph 1 of Article 5 of the Montreal Protocol
V/26 Destruction technologies 1 94
V/27 Sixth Meeting of the Parties to the Montreal Protocol 11 164
V/28 Seventh Meeting of the Parties to the Montreal Protocol 11 164
Annex Title Section of the Handbook Page
I Formats for reporting data under the amended Montreal Protocol û
II Trust Fund for the Multilateral Fund: scale of 1994, 1995 and 1996 contributions û
III Trust Fund for the Montreal Protocol: scale of 1994 and 1995 contributions û
IV Trust Fund for the Montreal Protocol: approved 1993, revised 1994 û
and approved 1995 budgets for the Ozone Secretariat
V Memorandum issued by the ministers reponsible for environmental matters 2.11 245
in Germany, Lichtenstein, Switzerland and Austria on HCFCs
VI Declaration on HCFCs 2.11 245
VII Declaration on methyl bromide 2.11 246
VIII Declarations by the Heads of the Delegations representing 2.11 246
countries with economies in transition
Sixth Meeting of the Parties (Nairobi, 6û7 October 1994)
Decision Title Relevant article(s) Page
VI/1 Ratification, approval or accession to the Vienna Convention for the 15 173
Protection of the Ozone Layer, the Montreal Protocol on Substances that
Deplete the Ozone Layer and the Amendments to the Montreal Protocol
VI/2 Implementation of Article 7 and 9 of the Protocol 7, 9 135, 146
VI/3 Implementation Committee 8 140
VI/4 Application of trade measures under Article 4 to non-Parties to the London 4 115
Amendment to the Protocol
VI/5 Status of certain Parties vis-à-vis Article 5 of the Protocol 5 121
VI/6 Reviews under paragraph 8 of Article 5 of the Protocol and under section II, 10 154
paragraph 4, of decision IV/18 of the Fourth Meeting of the Parties to the
Montreal Protocol
VI/7 Executive Committee of the Multilateral Fund for the Implementation of the 10 154
Montreal Protocol
VI/8 Essential use nominations for halons for 1995 2 103
VI/9 Essential use nominations for controlled substances other than halons for 2 103
1996 and beyond
VI/10 Use of controlled substances as process agents 1 91
VI/11 Clarification of "quarantine" and "pre-shipment" applications for control of 2, 5 109
methyl bromide
VI/12 List of products containing controlled substances in Annex B of the Protocol 4 117
VI/13 Assessment panels 2 108, 110
VI/14A Provision of information on the supply of controlled substances to Parties 5 124
operating under paragraph 1 of Article 5 of the Montreal Protocol
VI/14B "Basic domestic needs" 2, 5 99, 124
VI/15 Co-Chairs of the Open-ended Working Group of the Parties to the 11 167
Montreal Protocol
VI/16 Juridical personality, privileges and immunities of the Multilateral Fund 10 151
VI/17 Budgets and financial matters 13 170
VI/18 Modification of the indicative list of categories of incremental costs under the 10 154
Montreal Protocol
VI/19 Trade in previously used ozone-depleting substances 1 96
VI/20 Seventh Meeting of the Parties to the Montreal Protocol 11 164
Annex Title Section of the Handbook Page
I Essential use exemptions 2.5 182
II Conditions applied to exemption for laboratory and analytical uses 2.5 185
III Trust Fund for the Montreal Protocol: scale of 1994, 1995 and 1996 û
contributions
IV Trust Fund for the Montreal Protocol: revised 1994 and 1995 budgets û
and approved 1996 budget for the Ozone Secretariat
V Declarations from the delegations of Argentina, Brazil, Chile, China, 2.11 247
Colombia, India, Malaysia, Peru, Philippines and Uruguay.
Seventh Meeting of the Parties (Vienna, 5û7 December 1995)
Decision Title Relevant article(s) Page
VII/1 Further adjustments and reductions: controlled substances listed in 2 99
Annex A to the Protocol
VII/2 Further adjustments and reductions: controlled substances listed in 2 99
Annex B to the Protocol
VII/3 Further adjustments and reductions: controlled substances listed in 2 99
Annexes C and E to the Protocol
VII/4 Provision of financial support and technology transfer 5, 10, 10A 126, 154,
162
VII/5 Definition of "quarantine" and "pre-shipment" applications 2 111
VII/6 Reduction of methyl bromide emissions 2 111
VII/7 Trade in methyl bromide 4 117
VII/8 Review of methyl bromide controls 2 111
VII/9 Basic domestic needs 5 125
VII/10 Continued uses of controlled substances as chemical process agents 1 92
after 1996
VII/11 Laboratory and analytical uses 2 104
VII/12 Control measures for Parties not operating under Article 5 concerning halons 2 105
and other agents used for fire-suppression and explosion-inertion purposes
VII/13 Ratification, approval or accession to the Vienna Convention for the 15 174
Protection of the Ozone Layer, the Montreal Protocol on Substances that
Deplete the Ozone Layer and the Amendments to the Montreal Protocol
VII/14 Implementation of the Protocol by the Parties 7 135
VII/15 Compliance with the Montreal Protocol by Poland 8 141
VII/16 Compliance with the Montreal Protocol by Bulgaria 8 141
VII/17 Compliance with the Montreal Protocol by Belarus 8 142
VII/18 Compliance with the Montreal Protocol by the Russian Federation 8 143
VII/19 Compliance with the Montreal Protocol by Ukraine 8 144
VII/20 Discrepancy between the data reported by a Party to the Ozone Secretariat 7 136
and the data presented by that Party to the Executive Committee of the
Multilateral Fund
VII/21 Membership of the Implementation Committee 8 141
VII/22 Review of the Financial Mechanism 10 155
VII/23 Financial planning in the Multilateral Fund 10 158
VII/24 1997û1999 replenishment of the Multilateral Fund 10 159
VII/25 Provision by the Executive Committee of the Multilateral Fund of specific 10 159
financial support for projects in low-volume-ODS-consuming countries (LVCs)
VII/26 Technology transfer 10A 162
VII/27 Executive Committee of the Multilateral Fund for the Implementation of the 10 160
Montreal Protocol
VII/28 Essential use nominations for controlled substances for 1996 and beyond 2 103
VII/29 Assessment of the possible need for and modalities and criteria for a critical 2 112
agricultural use exemption for methyl bromide
VII/30 Export and import of controlled substances to be used as feedstock 1 92
VII/31 Status of recycled CFCs and halons under the Basel Convention on the 1 97
Control of Transboundary Movements of Hazardous Wastes and their Disposal
VII/32 Control of export and import of products and equipment containing substances 7 137
listed in Annexes A and B of the Montreal Protocol
VII/33 Illegal imports and exports of controlled substances 7 137
VII/34 Assessment Panels 6 130
VII/35 Destruction technology 1 94
VII/36 Co-Chairs of the Open-ended Working Group of the Parties to the Montreal Protocol 11 167
VII/37 Financial matters: financial report and budgets 13 171
VII/38 Eighth, Ninth and Tenth Meetings of the Parties to the Montreal Protocol 11 165
Annex Title Section of the Handbook Page
I Adjustments to the Montreal Protocol relating to 4.3 281
controlled substances in Annex A
II Adjustments to the Montreal Protocol relating to 4.3 281
controlled substances in Annex B
III Adjustments to the Montreal Protocol relating to 4.3 282
controlled substances in Annexes C and E
IV Categories and examples of laboratory uses 2.5 185
V Actions to improve the financial mechanism for the implementation 2.3 155
of the Montreal Protocol
VI Essential use exemptions 2.5 184
VII Trust Fund for the Montreal Protocol; scale of 1996 and 1997 contributions û
VIII Trust Fund for the Montreal Protocol; approved 1995, 1996 and 1997 budgets û
IX Declaration on HCFCs 2.11 248
X Declaration on methyl bromide 2.11 249
Eighth Meeting of the Parties (San José, 25û27 November 1996)
Decision Title Relevant article(s) Page
VIII/1 Ratification of the Vienna Convention, the Montreal Protocol 15 U98
and its Amendments
VIII/2 Data and information provided by the Parties in accordance with 7, 9 U77, U88
Articles 7 and 9 of the Montreal Protocol
VIII/3 Membership of the Implementation Committee 8 U82
VIII/4 Replenishment of the Multilateral Fund and three-year rolling business 10 U89
plan for 1997û1999
VIII/5 Actions to improve the functioning of the Financial Mechanism 10 U89
VIII/6 Contributions to the Multilateral Fund 10 U90
VIII/7 Measures taken to improve the Financial Mechanism and technology 10, 10A U90, U93
transfer
VIII/8 Membership of the Executive Committee of the Multilateral Fund 10 U90
VIII/9 Essential use nominations for Parties not operating under Article 5 for 2 U62
controlled substances for 1997 through 2002
VIII/10 Actions by Parties not operating under Article 5 to promote industryÆs 2 U63
participation on a smooth and efficient transition away from CFC-based MDIs
VIII/11 Measures to facilitate a transition by a Party not operating under Article 5 2 U64
from CFC-based MDIs
VIII/12 Information gathering on a transition to non-CFC treatments for asthma and 2 U65
chronic obstructive pulmonary disease for Parties not operating under Article 5
VIII/13 Uses and possible applications of hydrochlorofluorocarbons (HCFCs) 2 U69
VIII/14 Further clarification of the definition of "Bulk substances" under decision I/12A 1 U61
VIII/15 Control of trade in methyl bromide with non-Parties 4 U71
VIII/16 Critical agricultural uses of methyl bromide 2 U69
VIII/17 Availability of halons for critical uses 2 U68
VIII/18 List of products containing controlled substances in Group II of Annex C 4 U71
(Hydrobromofluorocarbons) of the Protocol
VIII/19 Organization and functioning of the Technology and Economic 6 U76
Assessment Panel
VIII/20 Illegal imports and exports of controlled substances 7 U79
VIII/21 Revised formats for reporting data under Article 7 of the Protocol 7 U77
VIII/22 Compliance with the Montreal Protocol by Latvia 8 U83
VIII/23 Compliance with the Montreal Protocol by Lithuania 8 U84
VIII/24 Non-compliance by the Czech Republic with the halon phase-out by 1994 8 U85
VIII/25 Compliance with the Montreal Protocol by the Russian Federation 8 U86
VIII/26 Exports of ozone-depleting substances and products containing ODS 7 U80
VIII/27 Co-Chairs of the Open-ended Working Group of the Parties to the 11 U94
Montreal Protocol
VIII/28 Financial Matters: financial report and budgets 13 U95
VIII/29 Application of Georgia for developing country status under the 5 U73
Montreal Protocol
VIII/30 Ninth Meeting of the Parties to the Montreal Protocol 11 U94
Annex Title Section of the Update Page
I Multilateral Fund: scale of 1997û1999 contributions û
II Recommended nominations for essential use exemptions U2.5 U100
III Recommended adjustments to quantities approved earlier for essential uses U2.5 U101
IV Reporting accounting framework for essential uses other than laboratory û
and analytical applications
V Terms of reference of the Technology and Economic Assessment Panel (TEAP) U2.6 U115
VI Trust Fund for the Montreal Protocol: scale of 1997û1998 contributions û
VII Trust Fund for the Montreal Protocol: budgets for 1996, 1997 and 1998 û
VIII Note on the status of the Multilateral Fund û
Ninth Meeting of the Parties (Montreal, 15û17 September 1997)
Decision Title Relevant article(s) Page
IX/1 Further adjustments with regard to Annex A substances 2 U62
IX/2 Further adjustments with regard to Annex B substances 2 U62
IX/3 Further adjustments and reductions with regard to the Annex E substance 2 U62
IX/4 Further Amendment of the Protocol 14 U97
IX/5 Conditions for control measures on Annex E substances in Article 5 Parties 5 U74
IX/6 Critical-use exemptions for methyl bromide 2 U70
IX/7 Emergency methyl bromide use 2 U70
IX/8 Licensing system 7 U79
IX/9 Control of export of products and equipment whose continuing functioning 7 U80
relies on Annex A and Annex B substances
IX/10 Ratification of the Vienna Convention, Montreal Protocol and London and 15 U98
Copenhagen Amendments
IX/11 Data and information provided by the Parties in accordance with 7, 9 U77, U88
Articles 7 and 9 of the Montreal Protocol
IX/12 Membership of the Implementation Committee 8 U82
IX/13 Membership of the Executive Committee of the Multilateral Fund 10 U90
IX/14 Measures taken to improve the Financial Mechanism and technology 10, 10A U90, U93
transfer
IX/15 Production sector 10 U91
IX/16 Terms of reference of the Executive Committee 10 U91
IX/17 Essential-use exemption for laboratory and analytical uses of ozone-depleting 2 U66
substances
IX/18 Essential-use nominations for non-Article 5 Parties for controlled substances 2 U66
for 1998 and 1999
IX/19 Metered-dose inhalers (MDIs) 2 U67
IX/20 Transfer of essential-use authorizations for CFCs for MDIs 2 U67
IX/21 Decommissioning of non-essential halon systems in non-Article 5 Parties 2 U68
IX/22 Customs codes 7 U81
IX/23 Continuing availability of CFCs 2 U71
IX/24 Control of new substances with ozone-depleting potential 2 U71
IX/25 Special Report on Aviation and the Global Atmosphere 6 U76
IX/26 Application of the Republic of Moldova for developing country status under 5 U73
the Montreal Protocol
IX/27 Application of South Africa for developing country status under 5 U73
the Montreal Protocol
IX/28 Revised formats for reporting data under Article 7 of the Protocol 7 U77
IX/29 Compliance with the Montreal Protocol by Latvia 8 U84
IX/30 Compliance with the Montreal Protocol by Lithuania 8 U85
IX/31 Compliance with the Montreal Protocol by the Russian Federation 8 U86
IX/32 Non-compliance by the Czech Republic with the freeze in consumption of 8 U85
methyl bromide in 1995
IX/33 Request by Brunei Darussalam for reclassification as a Party operating under 5 U73
paragraph 1 of Article 5
IX/34 Compliance with the Montreal Protocol 7 U78
IX/35 Review of the non-compliance procedure 8 U82
IX/36 Co-Chairs of the Open-ended Working Group of the Parties to the Montreal 11 U94
Protocol
IX/37 Financial matters: financial report and budgets 13 U95
IX/38 Outstanding contributions to the Multilateral Fund from Parties not operating 10 U92
under Article 5 that had not ratified the London Amendment
IX/39 Refund of contributions by Cyprus to the Multilateral Fund 10 U92
IX/40 Tenth Meeting of the Parties to the Montreal Protocol 11 U94
Annex Title Section of the Update Page
I Adjustments relating to controlled substances in Annex A U4.3 U229
II Adjustments relating to controlled substances in Annex B U4.3 U229
III Adjustments relating to controlled substances in Annex E U4.3 U230
IV Amendment to the Montreal Protocol U4.6 U232
V Terms of reference of the Executive Committee U2.9 U119
VI Essential use exemptions for 1998 and 1999 U2.5 U102
VII Data reporting forms U2.12 U187
VIII Trust Fund for the Montreal Protocol: scale of 1997 and 1998 contributions * û
IX Trust Fund for the Montreal Protocol: 1997, 1998 and 1999 budgets * û
X Arrears to the Multilateral Fund from countries that had not ratified * û
the London Amendment
XI Declaration on hydrochlorofluorocarbons U2.11 U185
XII Declaration regarding methyl bromide U2.11 U185
* Information available from the Ozone Secretariat, and its web site.
Section U2.3
Decisions adopted by the Meetings of the Parties
to the Montreal Protocol
in respect of each article of the Protocol
Article 1: Definitions
Decisions on controlled substances
Decision VIII/14: Further clarification of the definition of "Bulk substances" under decision I/12A
The Eighth Meeting of the Parties decided in Dec. VIII/14:
1. To note with appreciation the work done by the Technology and Economic Assessment Panel and its Methyl Bromide Technical Options Committee pursuant to decision VII/7 of the Seventh Meeting of the Parties;
2. To clarify decision I/12A of the First Meeting of the Parties as follows: trade and supply of methyl bromide in cylinders or any other container will be regarded as trade in bulk in methyl bromide.
Article 2: Control measures
Decisions on adjustments of the control measures
Decision IX/1: Further adjustments with regard to Annex A substances
The Ninth Meeting of the Parties decided in Dec. IX/1 to adopt, in accordance with the procedure laid down in paragraph 9 of Article 2 of the Montreal Protocol and on the basis of the assessments made pursuant to Article 6 of the Protocol, the adjustments with regard to production of the controlled substances listed in Annex A to the Protocol, as set out in annex I to the report of the Ninth Meeting of the Parties [see Section U4.3 of this Update].
Decision IX/2: Further adjustments with regard to Annex B substances
The Ninth Meeting of the Parties decided in Dec. IX/2 to adopt, in accordance with the procedure laid down in paragraph 9 of Article 2 of the Montreal Protocol and on the basis of the assessments made pursuant to Article 6 of the Protocol, the adjustments with regard to production of the controlled substances listed in Annex B to the Protocol, as set out in annex II to the report of the Ninth Meeting of the Parties [see Section U4.3 of this Update].
Decision IX/3: Further adjustments and reductions with regard to the Annex E substance
The Ninth Meeting of the Parties decided in Dec. IX/3 to adopt, in accordance with the procedure laid down in paragraph 9 of Article 2 of the Montreal Protocol and on the basis of the assessments made pursuant to Article 6 of the Protocol, the adjustments and reductions of production and consumption of the controlled substance listed in Annex E to the Protocol, as set out in annex III to the report of the Ninth Meeting of the Parties [see Section U4.3 of this Update].
Decisions on essential uses
Decision VIII/9: Essential-use nominations for Parties not operating under Article 5 for controlled substances for 1997 through 2002
The Eighth Meeting of the Parties decided in Dec. VIII/9:
1. To note with appreciation the work done by the Technology and Economic Assessment Panel and its Technical Options Committees pursuant to decision IV/25 of the Fourth Meeting of the Parties and decisions VII/28 and VII/34 of the Seventh Meeting of the Parties;
2. That the levels of production and consumption necessary to satisfy essential uses of CFC-11, CFC-12, CFC-113 and CFC-114, for metered-dose inhalers (MDIs) for asthma and chronic obstructive pulmonary diseases and nasal dexamethasone, and halon 2402 for fire protection are authorized as specified in annex II to the report of the Eighth Meeting of the Parties [see Section U2.5 of this Update], subject to the conditions established by the Seventh Meeting of the Parties in paragraph 2 of its decision VII/28;
3. To correct the errors introduced by the reports of the Technology and Economic Assessment Panel and its Technical Options Committees in the United States MDI nomination of CFC-12 and CFC-114 for the production year 1997 and its nomination of methyl chloroform for the production years 1996, 1997, 1998, 1999, 2000 and 2001 and to adjust the total amounts exempted to take into account the withdrawal of the New Zealand MDI nomination of CFC-11 and CFC-12 for production years 1996 and 1997, as specified in annex III to the report of the Eighth Meeting of the Parties [see Section U2.5 of this Update];
4. That for 1998, for Parties not operating under Article 5 of the Protocol, production and consumption necessary to satisfy essential uses of controlled substances in Annexes A and B of the Protocol only for laboratory and analytical uses, as listed in annex IV to the report of the Seventh Meeting of the Parties, are authorized, subject to the conditions applied to exemption for laboratory and analytical uses as contained in annex II to the report of the Sixth Meeting of the Parties;
5. To permit the transfer of essential-use authorizations for MDIs for 1997 between New Zealand and Australia on a one-time basis only;
6. To request the Technology and Economic Assessment Panel and its relevant Technical Options Committee to investigate the implications of allowing greater flexibility in the transfer of essential-use authorizations between Parties;
7. To request the Technology and Economic Assessment Panel and its relevant Technical Options Committee to review and report, by 30 April 1997, on the implications of allowing the production of CFCs for medical applications on a periodic "campaign basis" to satisfy estimated future needs, rather than producing small quantities in each year. Consideration should be given in particular to the economic implications of such an allowance;
8. To revise the timetables in decision IV/25, as modified by decision V/18, for nominations for production and consumption exemptions for 1998 and subsequent years, as follows: to set 31 January of each year as the last date for nominations for decisions to be taken in that year for production or consumption in any subsequent year; and to request the Technology and Economic Assessment Panel and its relevant Technical Options Committees to develop recommendations on the nominations and submit their report through the Secretariat by 30 April of that year; however, for 1997 the report will be submitted by 1 April 1997;
9. To approve the format for reporting quantities and uses of ozone-depleting substances produced and consumed for essential uses as set out in annex IV to the report of the Eighth Meeting of the Parties [see Section U2.5 of this Update] and beginning in 1998 to request each of the Parties that have had essential-use exemptions granted for previous years, to submit their report in the approved format by 31 January of each year;
10. To allow the Secretariat, in consultation with the Technology and Economic Assessment Panel, to authorize, in an emergency situation, if possible by transfer of essential-use exemptions, consumption of quantities not exceeding 20 tonnes of ODS for essential uses on application by a Party prior to the next scheduled Meeting of the Parties. The Secretariat should present this information to the next Meeting of the Parties for review and appropriate action by the Parties.
Decision VIII/10: Actions by Parties not operating under Article 5 to promote industryÆs participation on a smooth and efficient transition away from CFC-based MDIs
The Eighth Meeting of the Parties decided in Dec. VIII/10:
1. That Parties not operating under Article 5 will request companies applying for MDI essential-use exemptions to demonstrate ongoing research and development of alternatives to CFC MDIs with all due diligence and/or collaborate with other companies in such efforts and, with each future request, to report in confidence to the nominating Party whether and to what extent resources are deployed to this end and progress is being made on such research and development, and what licence applications if any have been submitted to health authorities for non-CFC alternatives;
2. That Parties not operating under Article 5 will request companies applying for MDI essential-use exemptions to demonstrate that they are undertaking individual or collaborative industry efforts, in consultation with the medical community, to educate health-care professionals and patients about other treatment options and the transition to non-CFC alternatives;
3. That Parties not operating under Article 5 will request companies applying for MDI essential-use exemptions to demonstrate that they, or companies distributing or selling their product, are differentiating the packaging of the companyÆs non-CFC MDIs from its CFC MDIs and are applying other appropriate marketing strategies, in consultation with the medical community, to encourage doctor and patient acceptance of the companyÆs non-CFC alternatives subject to health and product-safety considerations;
4. That Parties not operating under Article 5 will request companies manufacturing, distributing or selling CFC MDIs and non-CFC alternatives not to engage in false or misleading advertising targeted at non-CFC alternatives or CFC MDIs;
5. That Parties not operating under Article 5 will request companies applying for MDI essential-use exemptions to ensure that participation in regulatory proceedings is conducted with a view toward legitimate environmental, health and safety concerns;
6. That Parties not operating under Article 5 will request companies manufacturing CFC MDIs to take all economically feasible steps to minimize CFC emissions during the manufacture of MDIs;
7. That Parties not operating under Article 5 will request companies manufacturing, distributing or selling CFC MDIs to dispose of expired, defective, and returned MDIs containing CFCs in a manner that minimizes CFC emissions;
8. That Parties not operating under Article 5 will request companies manufacturing CFC MDIs to review annually CFC requirements and current MDI market forecasts, and notify national regulatory authorities if such forecasts will result in surplus CFCs obtained under essential-use exemptions;
9. That Parties not operating under Article 5 will request companies applying for MDI essential-use exemptions to provide information on the steps that are being taken to provide a continuity of supply of asthma and chronic obstructive pulmonary disease (COPD) treatments (including CFC MDIs) to importing countries;
10. That Parties not operating under Article 5 will request companies applying for MDI essential-use exemptions to provide information that demonstrates the steps being taken to assist the companyÆs MDI manufacturing facilities in Parties operating under Article 5 and countries with economies in transition in upgrading the technology and capital equipment needed for manufacturing non-CFC asthma and chronic obstructive pulmonary disease (COPD) treatments;
11. To request the Technology and Economic Assessment Panel to reflect paragraphs 1 through 10 above in a revised version of the Handbook on Essential-Use Nominations.
Decision VIII/11: Measures to facilitate a transition by a Party not operating under Article 5 from CFC-based MDIs
The Eighth Meeting of the Parties decided in Dec. VIII/11 to note that a transition is occurring from the use of CFC-based MDIs to non-CFC treatments for asthma and chronic obstructive pulmonary disease. In order to ensure a smooth and efficient transition, and protect the health and safety of patients, Parties not operating under Article 5 are encouraged:
1. To promote coordination between national environmental and health authorities on the environmental, health and safety implications of any proposed decisions on essential-use nominations and MDI transition policies;
2. To request their national authorities to expedite review of marketing/licensing/pricing applications of non-CFC treatments of asthma and chronic obstructive pulmonary disease, provided that such expedited review does not compromise patient health and safety;
3. To request their national authorities to review the terms for public MDI procurement and reimbursement, so that purchasing policies do not discriminate against non-CFC alternatives.
Decision VIII/12: Information gathering on a transition to non-CFC treatments for asthma and chronic obstructive pulmonary disease for Parties not operating under Article 5
The Eighth Meeting of the Parties decided in Dec. VIII/12:
1. To note with appreciation the work done by the Technology and Economic Assessment Panel and its Technical Options Committee pursuant to decision IV/25 of the Fourth Meeting of the Parties and decision VII/28 of the Seventh Meeting of the Parties;
2. To note with appreciation that one new non-CFC-based MDI for one active ingredient has now entered the market in some countries, and that others are anticipated over the next one to three years. Other non-CFC treatments and devices already provide a suitable alternative for many patients in some Parties not operating under Article 5;
3. To request Parties not operating under Article 5 that have developed a national transition strategy to report to the Panel and its relevant Technical Options Committee on the details of that national transition strategy for non-CFC treatments of asthma and chronic obstructive pulmonary disease in time for meetings of the Technical Options Committee, beginning in 1997;
4. To request the Technology and Economic Assessment Panel and its relevant Technical Options Committee to provide an interim report on progress in the development and implementation of national transition strategies in Parties not operating under Article 5 for non-CFC treatments of asthma and chronic obstructive pulmonary disease (COPD) and report to the Open-Ended Working Group in preparation for the Ninth Meeting of the Parties;
5. To request the Technology and Economic Assessment Panel to further examine and provide a progress report to the Ninth Meeting of the Parties and a final report to the Tenth Meeting of the Parties on issues surrounding a transition to non-CFC treatments of asthma and chronic obstructive pulmonary disease in Parties not operating under Article 5 that is fully protective of public health. In so doing, the Technology and Economic Assessment Panel should consult with international bodies, such as the World Health Organization and other institutions representing health-care professionals, patient-advocacy groups and private industry, and with national bodies and Governments. The Technology and Economic Assessment Panel should consider:
(a) In the context of a transition phase, how decisions taken within the Montreal Protocol framework and national strategies might complement each other;
(b) The impact on the right and ability of patients in Parties operating under Article 5, in countries with economies in transition, in Parties not operating under Article 5 with large disadvantaged communities and in importing countries to receive CFC-based MDIs where medically acceptable and affordable alternatives are not available due to reductions in essential-use exemptions in Parties not operating under Article 5 for CFC-based MDIs;
(c) The influence of potential transferable essential use exemptions as well as existing and potential trade restrictions by individual countries on a smooth transition and access to affordable treatment options;
(d) The international markets and fluidity of trade in CFC-based MDIs as well as alternative treatments for asthma and chronic obstructive pulmonary disease;
(e) The implications for patient subgroups which may have continuing compelling medical needs after a virtual phase-out;
(f) The range of regulatory and non-regulatory incentives for, and impediments to, research and development of alternative treatments for asthma and chronic obstructive pulmonary disease and market penetration of alternative treatments for asthma and chronic obstructive pulmonary disease;
(g) The degree to which dry powder inhalers (DPIs) and other treatment options may be considered medically acceptable and affordable alternatives for CFC-based MDIs in consultation with the above bodies, and as a result, the factors which may influence their ability to act as substitutes in different countries;
(h) The relative implications for the phase-out of ozone-depleting substances of different policy options that facilitate the transition to non-CFC treatments;
(i) Steps that could be taken to facilitate access to affordable non-CFC treatment options and technology.
Decision IX/17: Essential-use exemption for laboratory and analytical uses of ozone-depleting substances
The Ninth Meeting of the Parties decided in Dec. IX/17:
1. That for 1999, for Parties not operating under paragraph 1 of Article 5 of the Protocol, production and consumption necessary to satisfy essential uses of controlled substances in Annexes A and B of the Protocol only for laboratory and analytical uses, as listed in annex IV to the report of the Seventh Meeting of the Parties, are authorized, subject to the conditions applied to exemption for laboratory and analytical uses as contained in annex II to the report of the Sixth Meeting of the Parties;
2. That data for consumption and production should be reported annually under a global essential-use exemption framework to the Secretariat so that the success of reduction strategies may be monitored;
3. To clarify that essential-use exemptions for laboratory and analytical uses of controlled substances shall continue to exclude the production of products made with or containing such substances.
Decision IX/18: Essential-use nominations for non-Article 5 Parties for controlled substances for 1998 and 1999
The Ninth Meeting of the Parties decided in Dec. IX/18:
1. To note with appreciation the excellent work done by the Technology and Economic Assessment Panel and its Technical Options Committees;
2. That the levels of production and consumption necessary to satisfy essential uses of CFC-11, CFC-12, CFC-113 and CFC-114, for metered-dose inhalers (MDIs) for asthma and chronic obstructive pulmonary diseases, and halon 2402 for fire protection are authorized as specified in annex VI to the report of the Ninth Meeting of the Parties [see Section U2.5 of this Update], subject to the conditions established by the Meeting of the Parties in paragraph 2 of its decision VII/28;
3. To approve the authorization by the Secretariat of the emergency use of 3 tonnes for 1997 for CFC-12 for sterile aerosol talc submitted as an essential-use nomination by United States of America.
Decision IX/19: Metered-dose inhalers (MDIs)
The Ninth Meeting of the Parties decided in Dec. IX/19:
1. To note with appreciation the interim report of the Technology and Economic Assessment Panel (TEAP) pursuant to decision VIII/12;
2. To request the Technology and Economic Assessment Panel to continue its work and submit the final report to the Tenth Meeting of the Parties, through the Open-ended Working Group, taking into account the approach indicated in paragraph 5 of decision VIII/12 and the comments made during the fifteenth and sixteenth meetings of the Open-ended Working Group and the Ninth Meeting of the Parties;
3. To note the expectation of TEAP and its relevant Technical Options Committee that it remains possible that the major part of the MDI transition may occur in non-Article 5 countries by the year 2000 and there will be minimal need for CFCs for metered-dose inhalers by 2005, however, at this point in time there are still many variables and an exact time-scale is not possible to predict with certainty;
4. To note the concerns of some non-Article 5 Parties that they may not be able to convert as soon as they would like unless their independent MDI manufacturers are able to license non-CFC technologies;
5. To require non-Article 5 Parties submitting essential-use nominations for CFCs for MDIs for the treatment of asthma and chronic obstructive pulmonary disease (COPD) to present to the Ozone Secretariat an initial national or regional transition strategy by 31 January 1999 for circulation to all Parties. Where possible, non-Article 5 Parties are encouraged to develop and submit to the Secretariat an initial transition strategy by 31 January 1998. In preparing a transition strategy, non-Article 5 Parties should take into consideration the availability and price of treatments for asthma and COPD in countries currently importing CFC MDIs.
Decision IX/20: Transfer of essential-use authorizations for CFCs for MDIs
The Ninth Meeting of the Parties decided in Dec. IX/20:
1. That all transfers of essential-use authorizations for CFCs for MDIs be reviewed on a case-by-case basis at Meetings of the Parties for approval;
2. Notwithstanding paragraph 1 of the present decision, to allow the Secretariat, in consultation with the Technology and Economic Assessment Panel, to authorize a Party, in an emergency situation, to transfer some or all of its authorized levels of CFCs for essential uses in MDIs to another Party, provided that:
(a) The transfer applies only up to the maximum level that has previously been authorized for the calendar year in which the next Meeting of the Parties is to be held;
(b) Both Parties involved agree to the transfer;
(c) The aggregate annual level of authorizations for all Parties for essential uses of MDIs does not increase as a result of the transfer;
(d) The transfer or receipt is reported by each Party involved on the essential-use quantity-accounting format approved by the Eighth Meeting of the Parties by paragraph 9 of decision VIII/9.
Decisions on halons
Decision VIII/17: Availability of halons for critical uses
The Eighth Meeting of the Parties decided in Dec. VIII/17:
1. To note with appreciation the work done by the Technology and Economic Assessment Panel and its Halons Technical Options Committee pursuant to decision VII/12 of the Seventh Meeting of the Parties;
2. To request the Technology and Economic Assessment Panel and its Halons Technical Options Committee to carry out, on the basis of existing information, further studies on the future availability of halons to meet the demands for use in applications that are deemed critical by Parties not operating under Article 5, and to report to the Ninth Meeting of the Parties;
3. To request Parties not operating under Article 5 to estimate the approximate surplus or deficit relative to their assessment of their critical needs and to submit this information, together with an explanation of how it was determined, to the Industry and Environment Programme Activity Centre of the United Nations Environment Programme by 31 December 1997;
4. To request the Technology and Economic Assessment Panel and its Halons Technical Options Committee to evaluate the information received from Parties, and to make an assessment, if possible, for the Tenth Meeting of the Parties of whether there will be adequate quantities of halon to meet future needs for critical applications of Parties not operating under Article 5, and;
(a) If there is a shortfall, either overall or in individual Parties, to propose action which may be taken to enable that shortfall to be overcome; or
(b) If there is a surplus, either overall or in individual Parties, to provide guidance on appropriate policies for disposal or redeployment, bearing in mind the needs of other Parties not operating under Article 5, as well as the needs of Parties operating under Article 5, and to identify any potential barriers to such disposal and what steps may be needed to overcome them.
Decision IX/21: Decommissioning of non-essential halon systems in non-Article 5 Parties
The Ninth Meeting of the Parties decided in Dec. IX/21:
Noting that in its 1994 report, the Scientific Assessment Panel identified decommissioning and destruction of halon as the second most environmentally beneficial potential approach to further lowering stratospheric chlorine and bromine abundances but that the Technology and Economic Assessment Panel concluded that such an approach, while technically feasible, was not appropriate at that time,
Noting that the Seventh Meeting of the Parties took action in relation to methyl bromide controls, which was the approach identified by the Scientific Assessment Panel as the most environmentally beneficial approach at that time,
Noting also that Parties are considering further controls on methyl bromide,
Recognizing that, since 1994, some Parties have taken action to decommission and commence destruction of non-essential halon,
Recognizing that depletion of the ozone layer continues to be a significant environmental concern and that atmospheric concentrations of halons continue to increase,
Recognizing that the Technology and Economic Assessment Panel is currently conducting an assessment of the availability of halons for critical uses under the terms of decision VIII/17,
1. To request the Technology and Economic Assessment Panel to examine the feasibility of early decommissioning in non-Article 5 Parties of all non-essential halon systems, and the subsequent destruction or redeployment of halon stocks not required for those critical uses that have no identified substitutes or alternatives, bearing in mind the need of Article 5 Parties for halon. In undertaking such an examination, TEAP should also examine the efficacy of halon alternatives, experience with potential measures to ensure safety and to minimize any emissions of halons during decommissioning, and experience with the cost and efficiency of storage prior to destruction and with halon destruction activities undertaken to date;
2. To request TEAP to report on this matter to the Tenth Meeting of the Parties.
Decisions on HCFCs
Decision VIII/13: Uses and possible applications of hydrochlorofluorocarbons (HCFCs)
The Eighth Meeting of the Parties decided in Dec. VIII/13:
1. That UNEP distribute to the Parties of the Montreal Protocol a list containing the HCFCs applications which have been identified by the Technology and Economic Assessment Panel, after having taken into account the following:
(a) The heading should read "Possible Applications of HCFCs";
(b) The list should include a chapeau stating that the list is intended to facilitate collection of data on HCFC consumption, and does not imply that HCFCs are needed for the listed applications;
(c) The use as fire extinguishers should be added to the list;
(d) The use as aerosols, as propellant, solvent or main component, should be included, following the same structure as for other applications;
2. That the Technology and Economic Assessment Panel and its Technical Options Committee be requested to prepare, for the Ninth Meeting of the Parties, a list of available alternatives to each of the HCFC applications which are mentioned in the now available list.
Decisions on methyl bromide
Decision VIII/16: Critical agricultural uses of methyl bromide
The Eighth Meeting of the Parties decided in Dec. VIII/16:
1. To note with appreciation the work done by the Technology and Economic Assessment Panel and its Methyl Bromide Technical Options Committee pursuant to decision VII/29 of the Seventh Meeting of the Parties;
2. To request the Technology and Economic Assessment Panel to further examine and report to the Ninth Meeting of the Parties on the different options on the issue of critical use of methyl bromide, as presented to the thirteenth meeting of the Open-ended Working Group in the June 1996 TEAP Report.
Decision IX/6: Critical-use exemptions for methyl bromide
The Ninth Meeting of the Parties decided in Dec. IX/6:
1. To apply the following criteria and procedure in assessing a critical methyl bromide use for the purposes of control measures in Article 2 of the Protocol:
(a) That a use of methyl bromide should qualify as "critical" only if the nominating Party determines that:
(i) The specific use is critical because the lack of availability of methyl bromide for that use would result in a significant market disruption; and
(ii) There are no technically and economically feasible alternatives or substitutes available to the user that are acceptable from the standpoint of environment and health and are suitable to the crops and circumstances of the nomination;
(b) That production and consumption, if any, of methyl bromide for critical uses should be permitted only if:
(i) All technically and economically feasible steps have been taken to minimize the critical use and any associated emission of methyl bromide;
(ii) Methyl bromide is not available in sufficient quantity and quality from existing stocks of banked or recycled methyl bromide, also bearing in mind the developing countriesÆ need for methyl bromide;
(iii) It is demonstrated that an appropriate effort is being made to evaluate, commercialize and secure national regulatory approval of alternatives and substitutes, taking into consideration the circumstances of the particular nomination and the special needs of Article 5 Parties, including lack of financial and expert resources, institutional capacity, and information. Non-Article 5 Parties must demonstrate that research programmes are in place to develop and deploy alternatives and substitutes. Article 5 Parties must demonstrate that feasible alternatives shall be adopted as soon as they are confirmed as suitable to the PartyÆs specific conditions and/or that they have applied to the Multilateral Fund or other sources for assistance in identifying, evaluating, adapting and demonstrating such options;
2. To request the Technology and Economic Assessment Panel to review nominations and make recommendations based on the criteria established in paragraphs 1 (a) (ii) and 1 (b) of the present decision;
3. That the present decision will apply to Parties operating under Article 5 and Parties not so operating only after the phase-out date applicable to those Parties.
Decision IX/7: Emergency methyl-bromide use
The Ninth Meeting of the Parties decided in Dec. IX/6 to allow a Party, upon notification to the Secretariat, to use, in response to an emergency event, consumption of quantities not exceeding 20 tonnes of methyl bromide. The Secretariat and the Technology and Economic Assessment Panel will evaluate the use according to the "critical methyl bromide use" criteria and present this information to the next meeting of the Parties for review and appropriate guidance on future such emergencies, including whether or not the figure of 20 tonnes is appropriate.
Decisions on other issues
Decision IX/23: Continuing availability of CFCs
The Ninth Meeting of the Parties decided in Dec. IX/23:
1. To note that despite the phase-out of the production and consumption of CFCs by 1 January 1996 in Parties not operating under paragraph 1 of Article 5, CFCs continue to remain available in fairly significant quantities in a number of such Parties, thereby preventing the timely elimination of the use and emissions of CFCs;
2. To note that information suggests that illegal trade in CFCs is contributing to their continued availability, and therefore to increased and unnecessary damage to the ozone layer;
3. To note that apart from agreed exempted uses, the continued supply of new CFCs is no longer necessary, as technically and economically feasible alternatives are widely available;
4. To request non-Article 5 Parties to consider banning the placing on the market and sale of virgin CFCs, except to meet the basic domestic needs of Parties operating under paragraph 1 of Article 5 and other exempted uses. Parties may also consider extending this ban to include other substances listed in Annex A and B to the Montreal Protocol and recovered, recycled and reclaimed substances, provided that adequate steps are taken to ensure their disposal;
5. To request the Parties concerned to report to the Secretariat in time for the Eleventh Meeting of the Parties on action taken under this decision.
Decision IX/24: Control of new substances with ozone-depleting potential
The Ninth Meeting of the Parties decided in Dec. IX/24:
1. That any Party may bring to the attention of the Secretariat the existence of new substances which it believes have the potential to deplete the ozone layer and have the likelihood of substantial production, but which are not listed as controlled substances under Article 2 of the Protocol;
2. To request the Secretariat to forward such information forthwith to the Scientific Assessment Panel and the Technology and Economic Assessment Panel;
3. To request the Scientific Assessment Panel to carry out an assessment of the ozone-depleting potential of any such substances of which it is aware either as a result of information provided by Parties, or otherwise, to pass that information to the Technology and Economic Assessment Panel as soon as possible, and to report to the next ordinary Meeting of the Parties;
4. To request the Technology and Economic Assessment Panel to report to each ordinary Meeting of the Parties on any such new substances of which it is aware either as a result of information provided by Parties, or otherwise, and for which the Scientific Assessment Panel has estimated to have a significant ozone-depleting potential. The report shall include an evaluation of the extent of use or potential use of each substance and if necessary the potential alternatives, and shall make recommendations on actions which the Parties should consider taking;
5. To request Parties to discourage the development and promotion of new substances with a significant potential to deplete the ozone layer, technologies to use such substances and use of such substances in various applications.
Article 4: Control of trade with non-parties
Decision VIII/15: Control of trade in methyl bromide with non-Parties
The Eighth Meeting of the Parties decided in Dec. VIII/15 to consider the issue of control of trade in methyl bromide with non-Parties at the Ninth Meeting of the Parties to the Montreal Protocol in 1997.
Decision VIII/18: List of products containing controlled substances in Group II of Annex C (Hydrobromofluorocarbons) of the Protocol
The Eighth Meeting of the Parties decided in Dec. VIII/18:
1. To note the conclusion of the Technology and Economic Assessment Panel on the elaboration of a list of products containing controlled substances in Group II of Annex C of the Protocol;
2. To decide not to elaborate the lists referred to in Article 4, paragraphs 3 ter and 4 ter of the Montreal Protocol.
Article 5: Special situation of developing countries
Decisions on definitions and classification
Decision VIII/29: Application of Georgia for developing country status under the Montreal Protocol
The Eighth Meeting of the Parties decided in Dec. VIII/29 to accept the application of Georgia to be listed as a developing country for the purposes of the Montreal Protocol, taking into account that Georgia is classified as a developing country by the World Bank and the Organisation for Economic Cooperation and Development and as a net recipient country by the United Nations Development Programme.
Decision IX/26: Application of the Republic of Moldova for developing country status under the Montreal Protocol
The Ninth Meeting of the Parties decided in Dec. IX/26 to accept the application of the Republic of Moldova to be listed as a developing country for the purposes of the Montreal Protocol, taking into account that the Republic of Moldova is classified as a developing country by the World Bank and the Organisation for Economic Cooperation and Development and as a net recipient country by the United Nations Development Programme.
Decision IX/27: Application of South Africa for developing country status under the Montreal Protocol
The Ninth Meeting of the Parties decided in Dec. IX/27:
Noting that South Africa is classified as a developing country by the United Nations Development Programme and the Organisation for Economic Cooperation and Development,
Noting that South Africa is regarded as a developing country in all other international environmental agreements and protocols to which it is a party and where this distinction is made,
Noting that South AfricaÆs annual calculated level of consumption of controlled substances in Annex A of the Montreal Protocol was less than 0.3 kilograms per capita at the time of its accession to the Montreal Protocol,
Noting that South Africa has thus far totally complied with the requirements of the existing Amendments to the Montreal Protocol and undertakes not to revert to producing or consuming substances phased out under these Amendments, and
Noting that South Africa has undertaken not to request financial assistance from the Multilateral Fund for fulfilling commitments undertaken by developed countries prior to the Ninth Meeting of the Parties,
To accept the classification of South Africa as a developing country for the purposes of the Montreal Protocol.
Decision IX/33: Request by Brunei Darussalam for reclassification as a Party operating under paragraph 1 of Article 5
The Ninth Meeting of the Parties decided in Dec. IX/33:
1. To recall decision VI/5, subparagraph (c), of the Sixth Meeting of the Parties to the Montreal Protocol under which a Party is allowed to correct the data submitted by it in the interest of accuracy for a given year but no change of classification is permitted for that year pertaining to which the data has been corrected;
2. To note the revised data on consumption of ozone-depleting substances reported by Brunei Darussalam for 1994 which show the per capita consumption for that year to be below the allowable limit to operate under paragraph 1 of Article 5;
3. To note further the data on consumption of ozone-depleting substances reported by Brunei Darussalam for 1995 which show the per capita consumption for that year to be below the allowable limit to operate under paragraph 1 of Article 5;
4. To reclassify Brunei Darussalam as a Party operating under paragraph 1 of the Article 5 effective 1 January 1995 on the basis of its data submitted for 1995.
Decisions on control measures
Decision IX/5: Conditions for control measures on Annex E substance in Article 5 Parties
The Ninth Meeting of the Parties decided in Dec. IX/5:
1. That, in the fulfilment of the control schedule set out in paragraph 8 ter (d) of Article 5 of the Protocol, the following conditions shall be met:
(a) The Multilateral Fund shall meet, on a grant basis, all agreed incremental costs of Parties operating under paragraph 1 of Article 5 to enable their compliance with the control measures on methyl bromide. All methyl-bromide projects will be eligible for funding irrespective of their relative cost-effectiveness. The Executive Committee of the Multilateral Fund should develop and apply specific criteria for methyl-bromide projects in order to decide which projects to fund first and to ensure that all Parties operating under paragraph 1 of Article 5 are able to meet their obligations regarding methyl bromide;
(b) While noting that the overall level of resources available to the Multilateral Fund during the 1997û1999 triennium is limited to the amounts agreed at the Eighth Meeting of the Parties, immediate priority shall be given to the use of resources of the Multilateral Fund for the purpose of identifying, evaluating, adapting and demonstrating methyl bromide alternative and substitutes in Parties operating under paragraph 1 of Article 5. In addition to the US$10 million agreed upon at the Eighth Meeting of the Parties, a sum of US$25 million per year should be made available for these activities in both 1998 and 1999 to facilitate the earliest possible action towards enabling compliance with the agreed control measures on methyl bromide;
(c) Future replenishment of the Multilateral Fund should take into account the requirement to provide new and additional adequate financial and technical assistance to enable Parties operating under paragraph 1 of Article 5 to comply with the agreed control measures on methyl bromide;
(d) The alternatives, substitutes and related technologies necessary to enable compliance with the agreed control measures on methyl bromide must be expeditiously transferred to Parties operating under paragraph 1 of Article 5 under fair and most favourable conditions in line with Article 10A of the Protocol. The Executive Committee should consider ways to enable and promote information exchange on methyl bromide alternatives among Parties operating under paragraph 1 of Article 5 and from Parties not operating under paragraph 1 of Article 5 to Parties operating under that paragraph;
(e) In light of the assessment by the Technology and Economic Assessment Panel in 2002 and bearing in mind the conditions set out in paragraph 2 of decision VII/8 of the Seventh Meeting of the Parties, paragraph 8 of Article 5 of the Protocol, sub-paragraphs (a) to (d) above and the functioning of the Financial Mechanism as it relates to methyl bromide issues, the Meeting of the Parties shall decide in 2003 on further specific interim reductions on methyl bromide for the period beyond 2005 applicable to Parties operating under paragraph 1 of Article 5;
2. That the Executive Committee should, during 1998 and 1999, consider and, within the limits of available funding, approve sufficient financial resources for methyl-bromide projects submitted by Parties operating under paragraph 1 of Article 5 in order to assist them to fulfil their obligations in advance of the agreed phase-out schedule.
Article 6: Assessment and review of control measures
Decision VIII/19: Organization and functioning of the Technology and Economic Assessment Panel
The Eighth Meeting of the Parties decided in Dec. VIII/18:
1. To note with appreciation the work done by the Technology and Economic Assessment Panel and its Technical Options Committee and Working Groups in preparing their reports;
2. To note with appreciation the report of the Informal Advisory Group on the organization and functioning of the Technology and Economic Assessment Panel;
3. To confirm the current membership of the Technology and Economic Assessment Panel as set out in Appendix I to its June 1996 report, and also to confirm Mr. R. Agarwal as Co-Chair of the Refrigeration Technical Options Committee;
4. To confirm the current list of Technical Options Committees, as set out in Appendix II to that report, whilst noting that this list may be added to or amended according to mandates set by any Meeting of the Parties;
5. To approve terms of reference and the Code of Conduct for the Technology and Economic Assessment Panel, the technical options committees, and any temporary subsidiary bodies set up by those bodies, as contained in annex V to the report of the Eighth Meeting of the Parties [see Section U2.6 of this Update];
6. That the nomination and appointment process for the Technology and Economic Assessment Panel, as set out in the new Terms of Reference, should apply to all appointments commencing with those made at the Ninth Meeting of the Parties.
Decision IX/25: Special Report on Aviation and the Global Atmosphere
The Ninth Meeting of the Parties decided in Dec. IX/25:
1. To note the statement of the Co-Chairs of the Scientific Assessment Panel that, while the Scientific Assessment of Ozone Depletion will be ready by October 1998, as requested by the Seventh Meeting of the Parties in its decision VII/34, the Special Report on Aviation and the Global Atmosphere being prepared pursuant to the same decision, will not be ready until March 1999;
2. To approve the date of 31 March 1999 for the submission of the Special Report on Aviation and the Global Atmosphere.
Article 7: Reporting of data
Decisions on data reporting
Decision VIII/2: Data and information provided by the Parties in accordance with Articles 7 and 9 of the Montreal Protocol
The Eighth Meeting of the Parties decided in Dec. VIII/2:
1. To note that the implementation of the Protocol by those Parties that have reported data is satisfactory;
2. To note with regret that only 104 Parties out of 141 that should have reported data for 1994 have reported to date and that only 61 Parties have to date reported data for 1995;
3. To remind all Parties of the requirement to comply with the provisions of Articles 7 and 9 of the Protocol.
Decision VIII/21: Revised formats for reporting data under Article 7 of the Protocol
The Eighth Meeting of the Parties decided in Dec. VIII/21:
1. To request the Secretariat to prepare a report which delineates all of the reporting mandates required by the Protocol and all of the reporting requests made in the decisions of the Parties. In preparing this report, the Secretariat should seek the views of Parties on which reporting provisions are essential for assessing compliance and which may no longer be necessary;
2. To request the Implementation Committee to review the report referred to above, consider which reporting provisions are essential for assessing compliance and which may no longer be necessary, and make recommendations to the Ninth Meeting of the Parties on potential ways to streamline the reporting requirements of the Montreal Protocol. In carrying out its work, the Implementation Committee should also consider proposals for streamlining that may be submitted by the Parties.
Decision IX/11: Data and information provided by the Parties in accordance with Articles 7 and 9 of the Montreal Protocol
The Ninth Meeting of the Parties decided in Dec. IX/11:
1. To note that the implementation of the Protocol by those Parties that have reported data is satisfactory;
2. To note with regret that only 113 Parties out of 152 that should have reported data for 1995 have reported to date and that only 43 Parties have to date reported data for 1996;
3. To remind all Parties to comply with the provisions of Articles 7 and 9 of the Protocol.
Decision IX/28: Revised formats for reporting data under Article 7 of the Protocol
The Ninth Meeting of the Parties decided in Dec. IX/28:
1. To note with appreciation the work done by the Implementation Committee and the Secretariat on the review and redesign of the formats for reporting data under Article 7 of the Montreal Protocol;
2. To note that the issue of reporting data is an important one and that it is an area to which the Parties may consider giving greater consideration;
3. To approve the revised forms for reporting data prepared according to the reporting mandates of the Protocol. The data forms are set out in annex VII to the report of the Ninth Meeting of the Parties [see Section U2.12 of this Update];
4. To recall decision IV/10 and decision IX/17, paragraph 3 (b), and request TEAP, in cooperation with the UNEP Industry and Environment Centre, to prepare a list of mixtures known to contain controlled substances and the percentage proportions of those substances. In particular, the list should provide information on refrigerant mixtures and solvents. It should report this information to the Parties at the seventeenth meeting of the Open-ended Working Group, and annually thereafter;
5. To request UNEP Industry and Environment Centre to draw on its existing reports and its OzonAction Information Clearing-house (OAIC) diskette database, and, in collaboration with the other Implementing Agencies and the Secretariat of the Multilateral Fund, prepare a handbook on data-reporting which will provide information to the Parties to assist all Parties with data-reporting. This information should include techniques for data collection, trade names, as identified by TEAP, customs codes (where these exist), and advice on what sectors of industry may be using these products;
6. To stipulate that, for the purpose of the data-collection only, when reporting data on the consumption of methyl bromide for quarantine and pre-shipment applications, the Parties shall report the amount consumed (i.e., import plus production minus export) and not actual "use";
7. To note that the revised data forms in annex VII to the report of the Ninth Meeting of the Parties [see Section U2.12 of this Update], when completed, largely fulfil the reporting requirements under the Montreal Protocol, excluding those for essential-use exemptions.
Decisions on trans-shipment of controlled substances
Decision IX/34: Compliance with the Montreal Protocol
The Ninth Meeting of the Parties decided in Dec. IX/34 to remind all Parties that the Parties decided in their decision IV/14, adopted at the Fourth Meeting of the Parties, to clarify as follows, for purposes of Article 7, the distinction to be made between cases of transshipment of controlled substances through a third country and cases of imports and subsequent re-exports:
(a) For cases of transshipment of controlled substances through a third country, it was clarified that the country of origin of the controlled substances shall be regarded as the exporter and the country of final destination shall be regarded as the importer. In such cases, the responsibility for reporting data shall lie with the country of origin as the exporter and the country of final destination as the importer; and
(b) For cases of import and re-export, it was clarified that import and re-export should be treated as two separate transactions; the country of origin would report shipment to the country of intermediate destination, which would subsequently report the import from the country of origin and export to the country of final destination, while the country of final destination would report the import.
Decisions on other issues
Decision VIII/20: Illegal imports and exports of controlled substances
The Eighth Meeting of the Parties decided in Dec. VIII/20:
1. To note with appreciation the report prepared by the Secretariat on illegal imports and exports of ozone-depleting substances;
2. To urge each Party not operating under Article 5 that has not already done so to establish a system requiring validation and approval of imports of any used, recycled or reclaimed ozone-depleting substances before they are imported. Importers should sufficiently demonstrate to approving authorities that the ozone-depleting substances have indeed been previously used;
3. To request each Party not operating under Article 5 to report to the Secretariat by the Ninth Meeting of the Parties on the establishment of the system described in paragraph 2 above;
4. That the exception in decision IV/24 (which provides that the import and export of recycled and used controlled substances not be taken into account in the calculation of the PartyÆs consumption level) shall not apply to any Party not operating under Article 5 that has not established by 1 January 1998 a system such as that described in paragraph 2 above;
5. To request the Ninth Meeting of the Parties to consider instituting a system to require validation and approval of exports of used and recycled ozone-depleting substances from all Parties.
Decision IX/8: Licensing system
The Ninth Meeting of the Parties decided in Dec. IX/8:
Noting that decisions V/25 and VI/14A set in place systems for exchange, recording and reporting of information concerning trade in controlled substances to meet the basic domestic needs of Parties operating under Article 5,
Noting that decision VI/14B requested that recommendations be made to the Seventh Meeting of the Parties concerning whether reports under Article 7 should be made in relation to trade to meet the basic domestic needs of Parties operating under Article 5,
Noting that decision VII/9 required that an import- and export-licensing system be incorporated into the Montreal Protocol by the Ninth Meeting of the Parties,
Noting that, in response to a report prepared by the Secretariat on illegal imports and exports of ozone-depleting substances, decision VIII/20 urged each Party not operating under Article 5 to establish a system for validation and approval of imports of any used, recycled or reclaimed controlled substances before they are imported and to report to the Ninth Meeting of the Parties on the establishment of such a system,
Noting that decision VIII/20 also requests the Ninth Meeting of the Parties to consider instituting a system to require validation and approval of exports of used and recycled ozone-depleting substances from all Parties,
Noting that the Ninth Meeting of the Parties has adopted an Amendment to the Protocol, requiring all Parties to implement an import and export licensing system,
1. That the licensing system to be established by each Party should:
(a) Assist collection of sufficient information to facilitate PartiesÆ compliance with relevant reporting requirements under Article 7 of the Protocol and decisions of the Parties; and
(b) Assist Parties in the prevention of illegal traffic of controlled substances, including, as appropriate, through notification and/or regular reporting by exporting countries to importing countries and/or by allowing cross-checking of information between exporting and importing countries;
2. To facilitate the efficient notification and/or reporting and/or cross-checking of information, each Party should inform the Secretariat by 31 January 1998 of the name and contact details of the officer to whom such information and requests should be directed. The Secretariat shall periodically prepare, update and circulate to all Parties a full list of these contact details;
3. That the Secretariat and Implementing Agencies should take steps to assist Parties in the design and implementation of appropriate national licensing systems;
4. That Parties operating under Article 5 may require assistance in the development, establishment and operation of such a licensing system and, noting that the Multilateral Fund has provided some funding for such activities, that the Multilateral Fund should provide appropriate additional funding for this purpose.
Decision VIII/26: Exports of ozone-depleting substances and products containing ozone-depleting substances
The Eighth Meeting of the Parties decided in Dec. VIII/26:
1. To note that the links among exports of ozone-depleting substances and products containing such substances under the Montreal Protocol, illegal trade, and compliance with the Montreal Protocol were discussed at the Seventh Meeting of the Parties to the Montreal Protocol; and also to note that some aspects of this issue were briefly discussed again at the Eighth Meeting of the Parties to the Montreal Protocol in the context of document UNEP/OzL.Pro.8/CRP.1;
2. To note that the debate at the Seventh Meeting of the Parties to the Montreal Protocol and a brief discussion at the Eighth Meeting of the Parties to the Montreal Protocol have demonstrated the importance, complexity and sensitivity of this issue; and also to note that, in addition, the debate and brief discussion revealed important aspects that require further deliberation including, inter alia, the need for controlling exports of ODS from Parties not operating under Article 5 found to be in non-compliance with their obligations under the Protocol to Parties operating under Article 5;
3. To recognize that this issue ultimately has a direct impact on progress towards the elimination of ozone-depleting substances and the protection of the ozone layer;
4. To decide to include this issue on the agenda of the Fifteenth Meeting of the Open-ended Working Group of the Parties to the Montreal Protocol;
5. To encourage interested Parties to submit their views to the Secretariat by March 1997, for compilation and forwarding to Parties prior to the Fifteenth Meeting of the Open-ended Working Group of the Parties to the Montreal Protocol.
Decision IX/9: Control of export of products and equipment whose continuing functioning relies on Annex A and Annex B substances
The Ninth Meeting of the Parties decided in Dec. IX/9:
1. To recommend that each Party adopt legislative and administrative measures, including labelling of products and equipment, to regulate the export and import, as appropriate, of products, equipment, components and technology whose continuing functioning relies on supply of substances listed in Annexes A and B of the Montreal Protocol, in order to avert any adverse impact associated with the export of such products and equipment using technologies that are or will soon be obsolete because of their reliance on Annex A or Annex B substances and which would be inconsistent with the spirit of the Protocol, including decision 1/12 C of the First Meeting of the Parties to the Protocol, held in Helsinki in 1989;
2. To recommend to non-Article 5 Parties to adopt appropriate measures to control, in cooperation with the importing Article 5 Parties, the export of used products and equipment, other than personal effects, whose continuing functioning relies on supply of substances listed in Annexes A and B of the Montreal Protocol;
3. To recommend to Parties to report to the Tenth Meeting of the Parties on actions taken to implement the present decision.
Decision IX/22: Customs codes
The Ninth Meeting of the Parties decided in Dec. IX/22:
1. To express appreciation to the Multilateral Fund, UNEP and the Stockholm Environmental Institute for the useful information on the problems and possibilities of using customs codes for tracking imports of ozone-depleting substances (ODS) contained in the book Monitoring Imports of Ozone-Depleting Substances: A Guidebook;
2. To recommend this book as a guide to Parties seeking more information on this issue;
3. In order to facilitate cooperation between customs authorities and the authorities in charge of ODS control and ensure compliance with licensing requirements, to request the Executive Director of UNEP:
(a) To request the World Customs Organization (WCO) to revise its decision of 20 June 1995, recommending one joint national code on all HCFCs under subheading 2903.49, by instead recommending separate national codes under subheading 2903.48 for the most commonly used HCFCs (e.g., HCFC-21; HCFC-22; HCFC-31; HCFC-123; HCFC-124; HCFC-133; HCFC-141b; HCFC-142b; HCFC-225; HCFC-225ca; HCFC-225cb);
(b) To further ask the World Customs Organization to work with major ODS suppliers to develop and provide the Parties to the Montreal Protocol, through UNEP, with a check-list of relevant customs codes for ODS that are commonly marketed as mixtures, for use by national customs authorities and authorities in charge of control of ODS to ensure compliance with import licensing requirements;
4. To request all Parties with ODS production facilities to urge their producing companies to cooperate fully with WCO in the preparation of this check-list.
Article 8: Non-compliance
Decisions on non-compliance procedure
Decision VIII/3: Membership of the Implementation Committee
The Eighth Meeting of the Parties decided in Dec. VIII/3:
1. To note with appreciation the work done by the Implementation Committee;
2. To confirm the positions of Canada, Sri Lanka, Ukraine, Uruguay and Zambia for one further year, and to select Dominican Republic, Germany, Ghana, Indonesia, and Lithuania as members of the Committee for a two-year period.
Decision IX/12: Membership of the Implementation Committee
The Ninth Meeting of the Parties decided in Dec. IX/12:
1. To note with appreciation the work done by the Implementation Committee;
2. To confirm the positions of the Dominican Republic, Germany, Ghana, Indonesia and Lithuania for one further year, and to select Bolivia, Kenya, Latvia, Pakistan and the United States of America as members of the Committee for a two-year period.
Decision IX/35: Review of the non-compliance procedure
The Ninth Meeting of the Parties decided in Dec. IX/34
Recalling the non-compliance procedure adopted by the Fourth Meeting of the Parties in its decision IV/5,
Noting that these procedures have not been reviewed since their adoption in 1992,
Aware that the effective operation of the Protocol requires that these procedures should be reviewed on a regular basis,
Also aware of the fundamental importance of ensuring compliance with the provisions of the Montreal Protocol and of assisting Parties to that end,
1. To establish an Ad Hoc Working Group of Legal and Technical Experts on Non-Compliance composed of fourteen members: seven representatives from Parties operating under paragraph 1 of Article 5 and seven representatives from Parties not operating under Article 5, to review the non-compliance procedure of the Montreal Protocol and to develop appropriate conclusions and recommendations, for consideration by the Parties, on the need and modalities for the further elaboration and the strengthening of this procedure;
2. To select the following seven Parties: Australia, Canada, European Community, Russian Federation, Slovakia, Switzerland and United Kingdom of Great Britain and Northern Ireland from those Parties not operating under paragraph 1 of Article 5, and to select the following seven Parties: Argentina, Botswana, China, Georgia, Morocco, Sri Lanka and St. Lucia, from those Parties operating under paragraph 1 of Article 5, as members of the Ad Hoc Working Group of Legal and Technical Experts on Non-Compliance;
3. To note that the Ad Hoc Working Group of Legal and Technical Experts on Non-Compliance shall select two Co-Chairs, one from those Parties operating under paragraph 1 of Article 5 and one from Parties not so operating;
4. To adopt the following timetable for the work of the Ad Hoc Working Group of Legal and Technical Experts on Non-Compliance:
(a) 1 November 1997: each of the selected Parties is invited to indicate to the Secretariat the name of its representative to the Ad Hoc Working Group;
(b) 1 January 1998: all Parties are also invited to submit to the Secretariat any comments or proposals they wish to see considered in the work of the Ad Hoc Working Group;
(c) The Ad Hoc Working Group will meet during the three days immediately prior to the seventeenth meeting of the Open-ended Working Group of the Parties. It should provide a short report at the seventeenth meeting of the Open-ended Working Group of the Parties on the status of its work;
(d) The Ad Hoc Working Group will meet during the three days immediately prior to the Tenth Meeting of the Parties. It should provide a status report on the outcome of its work, including any conclusions and recommendations;
(e) The Group may also consider carrying out additional work through correspondence or any other means it considers appropriate;
5. To request the Ad Hoc Working Group of Legal and Technical Experts on Non-Compliance, when reviewing the non-compliance procedure to:
(a) Consider any proposals presented by Parties for strengthening the non-compliance procedure, including, inter alia, how repeated instances of major significance of non-compliance with the Protocol could trigger the adoption of measures under the indicative list of measures with a view to ensuring prompt compliance with the Protocol;
(b) Consider any proposals presented by Parties for improving the effectiveness of the functioning of the Implementation Committee, including with respect to data-reporting and the conduct of its work;
6. To consider and adopt any appropriate decision at the Tenth Meeting of the Parties upon the review of the work of the Ad Hoc Working Group of Legal and Technical Experts on Non-Compliance, including its conclusions and/or recommendations;
7. To note that the review of the "Indicative list of measures that might be taken by a meeting of the Parties in respect of non-compliance with the Protocol" is not included in the mandate of the Ad Hoc Working Group.
Decisions on compliance by particular countries
Decision VIII/22: Compliance with the Montreal Protocol by Latvia
The Eighth Meeting of the Parties decided in Dec. VIII/22:
1. To note that, according to the information provided by Latvia and the statement made by its representative at the fourteenth meeting of the Implementation Committee, Latvia would be in a situation of non-compliance with the Montreal Protocol in 1996;
2. To note also that there is a possibility of non-compliance by Latvia in 1997 so that the Implementation Committee might have to revert to that question that year;
3. To note also that major efforts are being made by Latvia to meet its obligations under the Protocol, even in the absence of external financial assistance for investment projects;
4. To urge Latvia to ratify the London Amendment to the Montreal Protocol and provide immediately a timetable for the ratification process;
5. To recommend that international funding agencies should consider favourably the provision of financial assistance to Latvia for projects to phase out ozone-depleting substances in the country;
6. To keep under review the situation with regard to ODS phase-out in Latvia.
Decision IX/29: Compliance with the Montreal Protocol by Latvia
The Ninth Meeting of the Parties decided in Dec. IX/29:
1. To note the timetable for the ratification of the London Amendment of the Montreal Protocol provided by Latvia and urge Latvia to ratify the London Amendment by October 1997 as indicated in their timetable;
2. To note that, according to the information contained in LatviaÆs country programme for the phase-out of ozone-depleting substances, Latvia is a situation of non-compliance with the Montreal Protocol in 1997 and there is a possibility of non-compliance with the Montreal Protocol in 1998, so that the Implementation Committee might have to revert to that question that year;
3. To recommend that, in light of the countryÆs commitment reflected in the country programme, and related official communications of Latvia to the Parties in line with decision VIII/22, international assistance, particularly by GEF, should be considered favourably in order to provide funding to Latvia for projects to implement the country programme for phasing out ozone-depleting substances in the country;
4. To keep under review the situation with regard to ODS phase-out in Latvia.
Decision VIII/23: Compliance with the Montreal Protocol by Lithuania
The Eighth Meeting of the Parties decided in Dec. VIII/23:
1. To note that, according to the information provided by Lithuania and the statement made by its representative at the fourteenth meeting of the Implementation Committee, Lithuania would be in a situation of non-compliance with the Montreal Protocol in 1996;
2. To note also that there is a possibility of non-compliance by Lithuania in 1997 so that the Implementation Committee might have to revert to that question that year;
3. To note also that major efforts are being made by Lithuania to meet its obligations under the Protocol, even in the absence of external financial assistance for investment projects;
4. To urge Lithuania to ratify the London Amendment to the Montreal Protocol and provide immediately a timetable for the ratification process;
5. To recommend that international funding agencies should consider favourably the provision of financial assistance to Lithuania for projects to phase out ozone-depleting substances in the country;
6. To keep under review the situation with regard to ODS phase-out in Lithuania.
Decision IX/30: Compliance with the Montreal Protocol by Lithuania
The Ninth Meeting of the Parties decided in Dec. IX30:
1. To note the timetable for the ratification of the London Amendment to the Montreal Protocol provided by Lithuania and urge Lithuania to ratify the London Amendment in September 1997 as indicated in their timetable;
2. To note that, according to the information contained in LithuaniaÆs country programme for the phase-out of ozone-depleting substances, Lithuania is in a situation of non-compliance with the Montreal Protocol in 1997 and there is a possibility of non-compliance in 1998, so that the Implementation Committee might have to revert to that question that year;
3. To recommend that, in light of the countryÆs commitment reflected in the country programme, and related official communications of Lithuania to the Parties in line with decision VIII/23, international assistance, particularly by GEF, should be considered favourably in order to provide funding to Lithuania for projects to implement the country programme for phasing out ozone-depleting substances in the country;
4. To keep under review the situation with regard to ODS phase-out in Lithuania.
Decision VIII/24: Non-compliance by the Czech Republic with the halon phase-out by 1994
The Eighth Meeting of the Parties decided in Dec. VIII/24:
1. To note the Czech RepublicÆs non-compliance in the year 1994 with the halon phase-out, due to the indispensable operation of special industrial cooling equipment for the chemical industry;
2. To note further that, if continued halon use was indispensable, the Czech Republic should have applied to the Parties through the essential-use nomination process for allocation of a specific quantity of halon for that year;
3. To note, however, that the Czech Republic was in compliance in 1995 with the halon phase-out;
4. That no further action is necessary in view of the Czech RepublicÆs complete phase-out of halon consumption according to the data submitted to the Secretariat pursuant to Article 7 of the Montreal Protocol for 1995.
Decision IX/32: Non-compliance by the Czech Republic with the freeze in consumption of methyl bromide in 1995
The Ninth Meeting of the Parties decided in Dec. IX/32:
1. To note the Czech RepublicÆs non-compliance in 1995 with the freeze in the consumption of methyl bromide. According to the information provided by the Czech Republic, in 1995 a total of 11.16 ODP tonnes of methyl bromide was imported, of which 7.9 ODP tonnes was consumed in 1996, and no methyl bromide was imported in 1996;
2. To note that, consequently, although the 1995 imports of methyl bromide exceeded the freeze level of 6.0 ODP tonnes for the Czech Republic, the average annual consumption for the two years 1995 and 1996 was below that level;
3. That no action is required on this incident of non-compliance but the Czech Republic should ensure that a similar case does not occur again.
Decision VIII/25: Compliance with the Montreal Protocol by the Russian Federation
The Eighth Meeting of the Parties decided in Dec. VIII/25:
1. To recall decision VII/18 of the Seventh Meeting of the Parties by which the Russian Federation was, inter alia, requested to provide to the Implementation Committee, in 1996, additional information relative to the implementation of the Montreal Protocol;
2. To note that, according to its written submissions and the statements of the representative of the Russian Federation at the thirteenth, fourteenth, fifteenth and sixteenth meetings of the Implementation Committee, the Russian Federation was in a situation of non-compliance with the Montreal Protocol in 1996;
3. To note also the considerable progress made by the Russian Federation in addressing non-compliance issues raised by the Seventh Meeting of the Parties;
4. That the situation regarding the phase-out of ozone-depleting substances should be kept under review, specifically with regard to the additional information requested from the Russian Federation in paragraph 9 (c) of decision VII/18 of the Seventh Meeting of the Parties and, in particular, the detailed information on trade in ozone-depleting substances;
5. That the disbursement of financial assistance for ODS-phase-out in the Russian Federation should continue to be contingent on further developments with regard to non-compliance and the settlement with the Implementation Committee of any problems related to the reporting requirements and the actions of the Russian Federation;
6. That the Russian Federation should maximize the use of its recycling facilities to meet its internal needs and therefore diminish the production of new CFCs accordingly;
7. To note that the Russian Federation has undertaken to report detailed information, including quantities, on imports and exports of ODS and products containing such substances; data on the type of ODS (freshly produced, recovered, recycled, reclaimed, re-used, used in feedstock); and details of the supplier, recipient and conditions of delivery of the substances for 1996 not later than February 1997;
8. To keep under review the situation regarding the phase-out of ozone-depleting substances in the Russian Federation.
Decision IX/31: Compliance with the Montreal Protocol by the Russian Federation
The Ninth Meeting of the Parties decided in Dec. IX/31:
1. To note the detailed information reported by the Russian Federation in response to decision VIII/25 of the Eighth Meeting of the Parties on quantities of imports and exports of ODS and products containing such substances; data on the type of ODS (new, recovered, recycled, reclaimed, reused, used as feedstock); details of suppliers, recipient countries and conditions of delivery of the substances for 1996;
2. To note with appreciation the clarifications on details of imports and/or exports of ODS from the Russian Federation in 1996, provided by some Parties mentioned in the Russian FederationÆs submission to the Implementation Committee;
3. To note the information reported by the Russian Federation in response to the Implementation CommitteeÆs request at its seventeenth meeting regarding information on ways in which the Russian Federation was maximizing the use of its recycling facilities to meet internal needs and to diminish production of new CFCs;
4. That the Russian Federation was in a situation of non-compliance with the Protocol in 1996 as noted in decision VIII/25 and there is an expectation of non-compliance in 1997 so that the Implementation Committee might have to revert to this question at the appropriate time;
5. To note also that the Russian Federation had exported both new and reclaimed substances to some Parties operating under Article 5 and those Parties not operating under that Article and those Parties had imported small quantities of ODS from the Russian Federation in 1996;
6. To note further that the Russian Federation had started implementation of its exports control of ozone-depleting substances from July 1996 by not exporting any ODS including used, new, recycled or reclaimed substances, to any Party with the exception of Parties operating under Article 5 and of Parties that are members of the Commonwealth of Independent States, including Belarus and Ukraine, as per decision VII/18;
7. In the light of the information on the recovery and recycling in the Russian Federation provided by the representative of that country, international assistance, particularly by the Global Environment Facility, should continue to be considered favourably in order to provide funding for the Russian Federation for projects to implement the programme for the phase-out of the production and consumption of ozone-depleting substances in the country;
8. To keep under review the situation regarding the phase-out of ozone-depleting substances in the Russian Federation.
Article 9: Research, development, public awareness and exchange of information
Decision VIII/2: Data and information provided by the Parties in accordance with Articles 7 and 9 of the Montreal Protocol
The Eighth Meeting of the Parties decided in Dec. VIII/2:
1. To note that the implementation of the Protocol by those Parties that have reported data is satisfactory;
2. To note with regret that only 104 Parties out of 141 that should have reported data for 1994 have reported to date and that only 61 Parties have to date reported data for 1995;
3. To remind all Parties of the requirement to comply with the provisions of Articles 7 and 9 of the Protocol.
Decision IX/11: Data and information provided by the Parties in accordance with Articles 7 and 9 of the Montreal Protocol
The Ninth Meeting of the Parties decided in Dec. IX/11:
1. To note that the implementation of the Protocol by those Parties that have reported data is satisfactory;
2. To note with regret that only 113 Parties out of 152 that should have reported data for 1995 have reported to date and that only 43 Parties have to date reported data for 1996;
3. To remind all Parties to comply with the provisions of Articles 7 and 9 of the Protocol.
Article 10: Financial mechanism
Decisions on the operation of the financial mechanism
Decision VIII/4: Replenishment of the Multilateral Fund and three-year rolling business plan for 1997û99
The Eighth Meeting of the Parties decided in Dec. VIII/4:
1. To note with appreciation the report of the Executive Committee on the three-year rolling business plan and the report of the TEAP on replenishment;
2. To adopt a budget for 1997û1999 of US$540,000,000 with the understanding that US$74,000,000 of that sum will be provided by funds unallocated during 1994û1996: this US$74,000,000 figure does not include sums listed as disputed in document UNEP/OzL.Pro.8/L.2, which appears as annex VIII to the report of the Eighth Meeting of the Parties;
3. The agreed budget figure includes a sum of US$10 million to enable Parties operating under Article 5 to apply the measures contained in paragraph 2 of decision VII/8 of the Seventh Meeting of the Parties and to assist those Parties to start the implementation of any recommendations that might arise from the Ninth Meeting of the Parties on this matter;
4. To adopt the scale of contributions for the Multilateral Fund based on a replenishment of US$466,000,000 as set out in annex I to the report of the Eighth Meeting of the Parties of US$155,333,333 for 1997, US$155,333,333 for 1998 and US$155,333,333 for 1999;
5. That the Executive Committee should take action to ensure as far as possible that the whole of the budget for 1997û1999 is committed by the end of 1999, and that Parties not operating under Article 5 should accordingly make timely payments;
6. That the Executive Committee should, over the next three years, work toward the goal of reducing agency support costs from their current level of 13 per cent to an average of below 10 per cent to make more funds available for other activities. The Executive Committee should report to the Parties annually on their progress, and the Parties may adjust the goal accordingly;
7. To agree that adjustments to the United Nations scale of assessment should not affect the rates of contributions of individual Parties during a replenishment period;
8. To agree that contributions of Parties not operating under Article 5 which ratify the London Amendment during a replenishment cycle should be calculated on a pro-rata basis for the balance of the replenishment cycle, starting with the date on which the London Amendment entered into force for it. Contributions of such countries should be considered as additional resources during the replenishment cycle; such Parties should be formally added to the list of contributors and taken into account in the distribution of assessments during the next replenishment.
Decision VIII/5: Actions to improve the functioning of the Financial Mechanism
The Eighth Meeting of the Parties decided in Dec. VIII/5 to request the Executive Committee to move forward as expeditiously as possible on decision VII/22, and in particular Actions 5, 6, 10, 11, 14 and 21, and to report back to the Ninth Meeting of the Parties.
Decision VIII/6: Contributions to the Multilateral Fund
The Eighth Meeting of the Parties decided in Dec. VIII/6 that, with effect from 1997, contributions to the Multilateral Fund concern only Parties not operating under Article 5 that are Parties to the London Amendment to the Montreal Protocol.
Decision VIII/7: Measures taken to improve the Financial Mechanism and technology transfer
The Eighth Meeting of the Parties decided in Dec. VIII/7:
1. To note with appreciation the measures taken by the Executive Committee to improve the Financial Mechanism;
2. To request the Executive Committee to continue with further actions to implement decision VII/22 to improve the Financial Mechanism and report to the Meetings of the Parties annually.
[The remainder of this decision is located under Article 10A]
Decision VIII/8: Membership of the Executive Committee of the Multilateral Fund
The Eighth Meeting of the Parties decided in Dec. VIII/8:
1. To endorse the selection of Australia, Belgium, Bulgaria, Japan, Switzerland, United Kingdom and United States of America as members of the Executive Committee representing Parties not operating under Article 5 of the Protocol, and the selection of Antigua and Barbuda, China, Costa Rica, India, Peru, Senegal and Zimbabwe as members representing Parties operating under Article 5, for one year;
2. To endorse the selection of the United Kingdom to act as Chair and of Costa Rica to act as Vice-Chair of the Executive Committee for one year.
Decision IX/13: Membership of the Executive Committee of the Multilateral Fund
The Ninth Meeting of the Parties decided in Dec. IX/13:
1. To endorse the selection of Belgium, Bulgaria, Canada, Italy, Japan, Switzerland and the United States of America, as members of the Executive Committee representing Parties not operating under paragraph 1 of Article 5 of the Protocol, and the selection of Burkina Faso, China, Costa Rica, India, Jordan, Peru, and Zimbabwe, as members representing Parties operating under paragraph 1 of Article 5, for one year;
2. To endorse the selection of Costa Rica to act as Chair and of United States of America to act as Vice-Chair of the Executive Committee for one year.
Decision IX/14: Measures taken to improve the Financial Mechanism and technology transfer
The Ninth Meeting of the Parties decided in Dec. IX/14:
1. To note with appreciation the measures taken by the Executive Committee to improve the Financial Mechanism and the work of the Informal Group on Technology Transfer established under decision VIII/7;
2. To request the Executive Committee to continue with further actions to implement decision VII/22 to improve the Financial Mechanism and to include in its annual report to the Meeting of the Parties an annex updating information on each action that has not been previously completed, as well as a list of actions that have been completed;
3. To note the status of work undertaken to date pursuant to action 21 under decision VII/22;
4. To request the Executive Committee, with the assistance of the Informal Group, to expeditiously identify steps that can practically be taken to eliminate potential impediments to the transfer of ozone-friendly technologies to Parties operating under Article 5 under fair and most favourable conditions;
5. To review this matter at the Tenth Meeting of the Parties.
Decision IX/15: Production sector
The Ninth Meeting of the Parties decided in Dec. IX/15:
Noting the progress in the preparation of the guidelines for funding the production sector indicated in the report of the Executive Committee to the Ninth Meeting of the Parties,
Recognizing the importance of timely phase-out of ozone-depleting substances in the countries operating under Article 5,
Recognizing the equal importance of funding both the closure of facilities and the production of substitutes for ozone-depleting substances,
Recognizing the importance of technology transfer for the effective implementation of the activities in the production sector,
To request the Executive Committee to accelerate the formulation of the guidelines for funding the production sector and the subsequent approval of relevant projects in this sector.
Decision IX/16: Terms of reference of the Executive Committee
The Ninth Meeting of the Parties decided in Dec. IX/16 to modify the terms of reference of the Executive Committee [the terms of reference of the Executive Committee as modified by this decision are contained in annex V to the report of the Ninth Meeting of the Parties; see Section U2.9 of this Update]:
(a) By inserting at the end of paragraph 2 of Annex X to the report of the Fourth Meeting of the Parties, the following paragraph:
"2 bis. The members of the Executive Committee whose selection was endorsed by the Eighth Meeting of the Parties shall remain in office until 31 December 1997. Thereafter, the term of office of the members of the Committee shall be the calendar year commencing on 1 January of the calendar year after the date of their endorsement by the Meeting of the Parties;" and
(b) By substituting the following for paragraph 8:
"The Executive Committee shall hold three meetings a year while retaining the flexibility to take advantage of the opportunity provided by other Montreal Protocol meetings to convene additional meetings where special circumstances make this desirable."
Decision IX/38: Outstanding contributions to the Multilateral Fund from Parties not operating under Article 5 that had not ratified the London Amendment
The Ninth Meeting of the Parties decided in Dec. IX/38:
1. To agree to waive the outstanding contributions to the Multilateral Fund specified in annex X of the report of the Ninth Meeting of the Parties as a one-time measure;
2. To agree that the issue of waiving outstanding contributions to the Multilateral Fund assessed before ratification of the London Amendment by any Party will neither be raised nor will this decision be cited as a precedent in future.
Decision IX/39: Refund of contributions by Cyprus to the Multilateral Fund
The Ninth Meeting of the Parties decided in Dec. IX/39 that the amount already paid by Cyprus to the Multilateral Fund should not be refunded.
Article 10A: Transfer of technology
Decision VIII/7: Measures taken to improve the Financial Mechanism and technology transfer
The Eighth Meeting of the Parties decided in Dec. VIII/7:
3. To note the status of preparation of the report on transfer of technology required by Action 21 of decision VII/22;
4. To set up an Informal Group consisting of four representatives of Parties not operating under Article 5 (1) (Australia, Italy, Netherlands, United States of America) and four representatives of Parties operating under Article 5 (1) (China, Colombia, Ghana, India) to assist the Executive Committee in identifying what steps can practically be taken to eliminate potential impediments to the transfer of ozone-friendly technologies to Parties operating under Article 5 under fair and most favourable conditions;
5. The Group may meet as necessary and shall submit its reports, if any, to the Executive Committee;
6. To review this matter at its Ninth Meeting.
[The remainder of this decision is located under Article 10]
Decision IX/14: Measures taken to improve the Financial Mechanism and technology transfer
The Ninth Meeting of the Parties decided in Dec. IX/14:
1. To note with appreciation the measures taken by the Executive Committee to improve the Financial Mechanism and the work of the Informal Group on Technology Transfer established under decision VIII/7;
2. To request the Executive Committee to continue with further actions to implement decision VII/22 to improve the Financial Mechanism and to include in its annual report to the Meeting of the Parties an annex updating information on each action that has not been previously completed, as well as a list of actions that have been completed;
3. To note the status of work undertaken to date pursuant to action 21 under decision VII/22;
4. To request the Executive Committee, with the assistance of the Informal Group, to expeditiously identify steps that can practically be taken to eliminate potential impediments to the transfer of ozone-friendly technologies to Parties operating under Article 5 under fair and most favourable conditions;
5. To review this matter at the Tenth Meeting of the Parties.
Article 11: Meetings of the Parties
Decisions on meetings of the Parties
Decision VIII/30: Ninth Meeting of the Parties to the Montreal Protocol
The Eighth Meeting of the Parties decided in Dec. VIII/30:
1. To reaffirm decision VII/38 of the Seventh Meeting of the Parties, by which the Parties decided to hold the Ninth Meeting of the Parties in Montreal, Canada, in September 1997;
2. To convene the Ninth Meeting of the Parties to the Montreal Protocol in Montreal in September 1997.
Decision IX/40: Tenth Meeting of the Parties to the Montreal Protocol
The Ninth Meeting of the Parties decided in Dec. IX/40:
1. To reaffirm decision VII/38 of the Seventh Meeting of the Parties, by which the Parties decided to hold the Tenth Meeting of the Parties in Egypt in 1998;
2. To convene the Tenth Meeting of the Parties to the Montreal Protocol in Cairo, in November 1998.
Decisions on the Open-ended Working Group
Decision VIII/27: Co-Chairs of the Open-ended Working Group of the Parties to the Montreal Protocol
The Eighth Meeting of the Parties decided in Dec. VIII/27 to endorse the selection of Ms. Catalina Mosler-Garcia (Mexico) and Ms. Claire Fearnley (New Zealand) as Co-Chairs of the Open-ended Working Group of the Parties to the Montreal Protocol for 1997.
Decision IX/36: Co-Chairs of the Open-ended Working Group of the Parties to the Montreal Protocol
The Ninth Meeting of the Parties decided in Dec. IX/36 to endorse the selection of Mr. V. Anand (India) and Mr. Jukka Uosukainen (Finland) as Co-Chairs of the Open-ended Working Group of the Parties to the Montreal Protocol for 1998.
Article 13: Financial provisions
Decision VIII/28: Financial Matters: financial report and budgets
The Eighth Meeting of the Parties decided in Dec. VIII/28:
1. To take note of the financial report on the Trust Fund for the Montreal Protocol for 1995 as contained in document UNEP/OzL.Pro.8/4;
2. 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 VI to the report of the Eighth Meeting of the Parties;
3. To approve the revised budgets for the Trust Fund for the Montreal Protocol of US$2,818,215 for 1996 and US$3,542,263 for 1997 and the proposed budget of US$3,679,704 for 1998, as set out in annex VII to the report of the Eighth Meeting of the Parties;
4. To encourage Parties not operating under Article 5 to continue offering financial assistance to their members in the Assessment Panels for their continued participation in the assessment activities under the Protocol;
5. To request additional voluntary contributions from Parties in support of:
(a) Increased participation of Assessment Panel members from developing countries and countries with economies in transition in Assessment Panels and Technical Options Committees;
(b) Information materials for the celebration of the International Day for the Preservation of the Ozone Layer;
6. To request the Secretariat to report to the Ninth Meeting of the Parties on the utilizition of the funds for the participation of experts from developing countries and countries with economies in transition in the meetings of the Assessment Panels and the Technical Options Committees;
7. Request the Executive Dirctor of UNEP to ensure that the 13 per cent programme support costs charged to the Trust Fund for the Montreal Protocol are used fully in support of the Protocol and its Secretariat, and to report to the next Meeting of the Parties on the ways in which the 13 per cent has been used for the benefit of the Convention and its Secretariat;
8. To request the Executive Director if UNEP to extend the duration of the Trust Fund for the Montreal Protocol until 31 December 2000, subject to the approval of the UNEP Governing Council.
Decision IX/37: Financial matters: financial report and budgets
The Ninth Meeting of the Parties decided in Dec. IX/37:
1. To take note of the financial report on the Trust Fund for the Montreal Protocol for 1996 as contained in document UNEP/OzL.Pro.9/5;
2. 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 VIII to the report of the Ninth Meeting of the Parties;
3. To approve the proposed budget of US$3,679,704 for 1998 and US$3,615,740 for 1999, as set out in annex IX to the report of the Ninth Meeting of the Parties;
4. To encourage Parties not operating under Article 5 to continue offering financial assistance to their members in the three Assessment Panels and their subsidiary bodies for their continued participation in the assessment activities under the Protocol;
5. Having in mind the terms of reference agreed to in annex V to the report of the Eighth Meeting of the Parties and approved in decision VIII/19, in particular regarding the size and balance of the Assessment Panels and their subsidiary bodies:
(a) To express its desire to move towards a situation when all experts of assessment panels and their subsidiary bodies from developing countries and CEIT could be supported to take part in their meetings;
(b) To note that the budget for 1998 and 1999 provides a reasonable expectation that no request from any developing country and CEIT expert in these bodies will be denied;
6. To request the Secretariat to report to the Tenth Meeting of the Parties on the utilization of the funds for the participation of experts from developing countries and countries with economies in transition in the meetings of the Assessment Panels and their subsidiary bodies;
7. To take note of the report of UNEP on the ways in which the 13 per cent programme support costs has been used; to request the Executive Director of UNEP to ensure that this charge to the Trust Fund for the Montreal Protocol is used fully in support of the Protocol and its Secretariat; and to submit a final report to the Tenth Meeting of the Parties.
Article 14: Relationship of this Protocol to the Convention
Decision IX/4: Further Amendment of the Protocol
The Ninth Meeting of the Parties decided in Dec. IX/4 to adopt, in accordance with the procedure laid down in paragraph 4 of Article 9 of the Vienna Convention for the Protection of the Ozone Layer, the Amendment to the Montreal Protocol as set out in annex IV to the report of the Ninth Meeting of the Parties [see Section U4.6 of this Update].
Article 15: Signature
See Section U1.4 in this Update for a list of States and regional economic integration organizations that have signed, ratified or acceded to the Protocol up to 23 February 1998.
Decision VIII/1: Ratification of the Vienna Convention, the Montreal Protocol and its Amendments
The Eighth Meeting of the Parties decided in Dec. VIII/1:
1. To note with satisfaction the large number of countries that have ratified the Vienna Convention for the Protection of the Ozone Layer and the Montreal Protocol on Substances that Deplete the Ozone Layer;
2. To note that many Parties have yet to ratify the London and Copenhagen Amendments to the Montreal Protocol;
3. To urge all States that have not yet done so, to ratify, approve or accede to the Vienna Convention, the Montreal Protocol and its Amendments, taking into account that universal participation is necessary to ensure the protection of the ozone layer.
Decision IX/10: Ratification of the Vienna Convention, Montreal Protocol and London and Copenhagen Amendments
The Ninth Meeting of the Parties decided in Dec. IX/10:
1. To note with satisfaction the large number of countries that have ratified the Vienna Convention for the Protection of the Ozone Layer and the Montreal Protocol on Substances that Deplete the Ozone Layer;
2. To note that many Parties have yet to ratify the London and Copenhagen Amendments to the Montreal Protocol;
3. To urge all States that have not yet done so, to ratify, approve or accede to the Vienna Convention, the Montreal Protocol and its Amendments, taking into account that universal participation is necessary to ensure the protection of the ozone layer.
Section U2.5
Essential use exemptions
Recommended nominations for essential use exemptions 1997û1999
[Source: Annex II of the report of the Eighth Meeting of the Parties, agreed in Decision VIII/9]
Units: Tonnes
Party |
CFC-11 |
CFC-12 |
CFC-113 |
CFC-114 |
Halon-2402 |
||||||||||||||||||||||
1997 |
1998 |
1999 |
1997 |
1998 |
1999 |
1997 |
1998 |
1999 |
1997 |
1998 |
1999 |
1996 |
1997 |
||||||||||||||
1. Australia |
8.0 |
-- |
-- |
22.0 |
-- |
-- |
-- |
-- |
-- |
-- |
-- |
-- |
-- |
-- |
|||||||||||||
2. Canada |
-- |
128.0 |
-- |
-- |
320.0 |
-- |
-- |
-- |
-- |
-- |
65.0 |
-- |
-- |
-- |
|||||||||||||
3. European Union |
-- |
1,778.0 |
-- |
-- |
3,307.0 |
-- |
-- |
16.0 |
-- |
-- |
509.0 |
-- |
-- |
-- |
|||||||||||||
4. Japan |
-- |
53.0 |
37.0 |
-- |
105.0 |
75.0 |
-- |
0.5 |
0.5 |
-- |
23.0 |
24.0 |
-- |
-- |
|||||||||||||
5. Poland |
130.0 |
130.0 |
-- |
220.0 |
220.0 |
-- |
-- |
-- |
-- |
30.0 |
30.0 |
-- |
-- |
-- |
|||||||||||||
6. Russian Federation |
266.0 |
-- |
-- |
266.0 |
-- |
-- |
-- |
-- |
-- |
-- |
-- |
-- |
352.0 |
300.0 |
|||||||||||||
7. South Africa |
-- |
62.0 |
-- |
-- |
156.0 |
-- |
-- |
-- |
-- |
-- |
5.0 |
-- |
-- |
-- |
|||||||||||||
8. Switzerland |
2.0 |
2.0 |
-- |
4.0 |
4.0 |
-- |
-- |
-- |
-- |
2.0 |
2.0 |
-- |
-- |
-- |
|||||||||||||
9. United States |
149.3 |
1,204.3 |
-- |
415.8 |
2,814.7 |
-- |
-- |
-- |
-- |
131.5 |
369.0 |
-- |
-- |
-- |
|||||||||||||
TOTAL |
555.3 |
3,357.3 |
37.0 |
927.8 |
6,926.7 |
75.0 |
-- |
16.5 |
0.5 |
163.5 |
1,003.0 |
24.0 |
352.0 |
300.0 |
|||||||||||||
Recommended adjustments to quantities approved earlier for essential uses
[Source: Annex III of the report of the Eighth Meeting of the Parties, agreed in Decision VIII/9]
Units: Tonnes
Country |
Use |
Chemical |
Production year |
Nominated amount |
Approved amount |
Recommended adjustment |
Total approved and recommended |
United States |
MDI |
CFC-12 |
1997 |
431 |
437.2 |
-6.20 |
431 |
United States |
MDI |
CFC-114 |
1997 |
19 |
43.7 |
-24.7 |
19 |
United States |
Shuttle/rockets |
MCF |
1996 |
2.9 |
.29 |
2.61 |
2.9 |
United States |
Shuttle/rockets |
MCF |
1997 |
3.7 |
.37 |
3.33 |
3.7 |
United States |
Shuttle/rockets |
MCF |
1998 |
60.1 |
57.00 |
3.10 |
60.10 |
United States |
Shuttle/rockets |
MCF |
1999 |
59.6 |
56.99 |
2.61 |
59.60 |
United States |
Shuttle/rockets |
MCF |
2000 |
58.4 |
56.87 |
1.53 |
58.4 |
United States |
Shuttle/rockets |
MCF |
2001 |
58.4 |
56.87 |
1.53 |
58.4 |
New Zealand |
MDI |
CFC-11 |
1996 |
9.00 |
9.00 |
-9.00 |
0.00 |
New Zealand |
MDI |
CFC-12 |
1996 |
23.50 |
23.50 |
-23.50 |
0.00 |
New Zealand |
MDI |
CFC-11 |
1997 |
8.00 |
8.00 |
-8.00 |
0.00 |
New Zealand |
MDI |
CFC-12 |
1997 |
22.00 |
22.00 |
-22.00 |
0.00 |
Essential use exemptions 1998û1999
[Source: Annex VI of the report of the Ninth Meeting of the Parties, agreed in Decision IX/18]
Units: Tonnes
Party* |
CFC-11 |
CFC-12 |
CFC-113 |
CFC-114 |
Halon- 2402 |
||||||||||
1998 |
1999 |
1998 |
1999 |
1998 |
1999 |
1998 |
1999 |
1998 |
|||||||
1. Australia |
35.0 |
49.0 |
85.0 |
120.0 |
-- |
-- |
-- |
5.0 |
-- |
||||||
2. European Union |
-- |
1,690.0 |
-- |
2,857.0 |
-- |
19.0 |
-- |
434.0 |
-- |
||||||
3. Hungary |
6.0 |
3.0 |
2.25 |
3.0 |
0.23 |
0.23 |
1.7 |
3.0 |
-- |
||||||
4. Russian Federation |
226.0 |
-- |
226.0 |
-- |
-- |
-- |
-- |
-- |
255.0 |
||||||
5. United States** |
-- |
1,085.3 |
-- |
2,539.7 |
-- |
-- |
-- |
280.8 |
-- |
||||||
TOTAL |
267.0 |
2,827.3 |
313.25 |
5,519.7 |
0.23 |
19.23 |
1.7 |
722.8 |
255.0 |
||||||
* TEAP and the Open-ended Working Group had recommended approval of an exemption for South Africa for 1999 of 69 tonnes of CFC-11, 174 tonnes of CFC-12 and 3 tonnes of CFC-114 for use in MDIs for asthma and chronic obstructive pulmonary disease. At the request of the representative of South Africa, the nomination was deleted from the table following the countryÆs reclassification as a developing country Party.
** Three metric tonnes of CFC-12 for sterile aerosol talc authorized as an emergency use for 1997. Any residual quantity available at the end of 1997 could be used in 1998 if needed to effect a safe transition to a non-ODS alternative.
Section U2.6
Assessment panels
Composition of the panels
Environmental Effects Panel Co-chairs and members
Panel Co-chairs
Prof. Jan C. van der Leun The Netherlands
Prof. Xiaoyan Tang China
Prof. Manfred Tevini Germany
Members of the Panel
Dr Anthony Andrady USA
Prof. Lars Olof Björn Sweden
Dr Janet F. Bornman Sweden
Prof. Martyn Caldwell USA
Prof. Terry Callaghan Sweden
Dr Frank R. de Gruijl The Netherlands
Dr David Erickson USA
Prof. D.-P. Häder Germany
Dr Syed Haleem Hamid Saudi Arabia
Dr Xingzhou Hu China
Dr Margaret L. Kripke USA
Prof. G. Kulandaivelu India
Dr H.D. Kumar India
Dr Janice Longstreth USA
Dr Sasha Madronich USA
Dr Richard L. McKenzie New Zealand
Prof. Raymond C. Smith USA
Dr Yukio Takizawa Japan
Prof. Alan H. Teramura USA
Dr Ayako Torikai Japan
Dr Robert C. Worrest USA
Dr Richard G. Zepp USA
Technology and Economic Assessment Panel and Technical Options Committees
Technology and Economic Assessment Panel (TEAP)
Co-Chairs Affiliation Country
Stephen O. Andersen Environmental Protection Agency USA
Suely Carvalho Montreal Protocol Unit û UNDP-NY Brazil
Lambert Kuijpers Technical University Eindhoven Netherlands
Senior Expert Members Affiliation Country
László Dobó Ministry for Environment and Regional Policy Hungary
Yuichi Fujimoto Japan Industrial Conference for Ozone Layer Protection Japan
Thomas Morehouse Institute for Defense Analyses USA
Sateeaved Seebaluck Ministry of Local Government and Environment Mauritius
Panel Members Affiliation Country
(TOC Chairs)
Radhey S. Agarwal Indian Institute of Technology Delhi India
Jonathan Banks Commonwealth Scientific and Industrial Australia
Research Organisation (CSIRO)
Thomas Batchelor Consultant Australia
Walter Brunner envico Switzerland
Jorge Corona CANACINTRA (National Chamber of Industry) Mexico
Barbara Kucnerowicz-Polak State Fire Service Poland
Mohinder Malik Lufthansa German Airlines Germany
David Okioga Ministry of Environmental Conservation Kenya
Jose Pons Pons Spray Quimica Venezuela
Sally Rand Environmental Protection Agency USA
Rodrigo Rodriguez-Kábana Auburn University USA
Lalitha Singh Consultant India
Gary Taylor Taylor/Wagner Canada
Helen Tope Environment Protection Authority, Victoria Australia
Robert van Slooten Consultant UK
Ashley Woodcock University Hospital of South Manchester UK
Shiqiu Zhang Peking University China
TEAP Aerosols, Sterilants, Miscellaneous Uses and Carbon Tetrachloride Technical Options Committee
Co-Chairs Affiliation Country
Jose Pons Pons Spray Quimica Venezuela
Helen Tope Environment Protection Authority, Victoria Australia
Ashley Woodcock University Hospital of South Manchester UK
Members Affiliation Country
D.D. Arora Tata Energy Research Institute India
Paul Atkins Glaxo Wellcome PLC UK
Olga Blinova Russian Scientific Centre "Applied Chemistry" Russia
Nick Campbell ICI Klea UK
Hisbello Campos Ministry of Health Brazil
Christer Carling Astra Draco Sweden
Francis M. Cuss Schering Plough Research Institute USA
Chandra Effendy p.t. Candi Swadaya Sentosa Indonesia
Carmen Flasch Boehringer Ingelheim Pharma KG Germany
Charles Hancock Charles O. Hancock Associates USA
Eamonn Hoxey Medical Devices Agency UK
Zhangxi Hua China National Council of Light Industry China
Javaid Khan The Aga Khan University Pakistan
P. Kumarasamy Aerosol Manufacturing Sdn Bhd Malaysia
Robert Layet Ensign Laboratories Australia
Robert Meyer Food and Drug Administration USA
Robert F. Morrissey Johnson & Johnson USA
Geno Nardini Instituto Internacional del Aerosol Mexico
Dick Nusbaum Penna Engineering USA
Tunde Otulana Aradigm Corporation USA
Martyn Partridge Whipps Cross Hospital UK
Fernando Peregrin AMSCO/FINN-AQUA Spain
Jacek Rozmiarek Polfa Poznan S.A. Poland
Abe Rubinfeld Royal Melbourne Hospital Australia
Daisaku Sato Ministry of Health and Welfare Japan
Albert L. Sheffer Brigham and Women`s Hospital USA
Greg Simpson CSIRO, Molecular Science Australia
Robert Suber RJR-Nabisco USA
Ian Tansey 3M Health Care UK
David Townley Boehringer Ingelheim International Germany
Adam Wanner University of Miami USA
Chip Woltz Allied Signal USA
TEAP Economic Options Committee
Co-Chairs Affiliation Country
Robert Van Slooten Consultant UK
Zhang Shiqiu Peking University China
Members Affiliation Country
Penelope Canan University of Denver USA
Suely Carvalho MPU/SEED,UNDP-NY Brazil
Stephen DeCanio University of California USA
Shreekant Gupta University of Delhi India
H.B.L. Lunogelo Agrisysterms Ltd Tanzania
Anil Markandya University of Bath UK
Melanie Miller Consultant Australia
David OÆConnor` Senior Consultant, OECD USA
Sergio Oxman KIEN Consultants Chile
James Schaub Dept of Agriculture USA
John VanSickle University of Florida USA
Diego Velasco Department of Environment Colombia
TEAP Flexible and Rigid Foams Technical Options Committee
Co-Chairs Affiliation Country
Sally Rand Environmental Protection Agency USA
Lalitha Singh Consultant India
Members Affiliation Country
Godfrey Abbott Dow Europe/Exiba Switzerland
Kuninari Araki Hitachi Japan
Paul Ashford Caleb Management Services UK
Ted Biermann BASF Corporation USA
Mike Cartmell ICI Polyurethanes USA
John Clinton Intech Consulting USA
Mike Jeffs ICI Polyurethanes Belgium
Robert Johnson Whirlpool Product Evaluation Services USA
Akihide Katata Japanese Electronics Manufacturers Association Japan
Ko Swee Hee Jumaya Industries SDN.BHD. Malaysia
Kee-Bong Lee LG Electronics Korea
Candido Lomba Instituto Nacional do Plastico Brazil
Yehia Lotfi Technocom Egypt
Heinz Meloth Cannon Italy
Risto Ojala MPU/SEED/UNDP-NY Finland
Robert Russell Dow Plastics USA
M. Sarangapani Polyurethane Association of India India
Shigeru Tomita Kurabo Industries Ltd. Japan
Bert Veenendaal RAPPA USA
Dave Williams Allied Signal USA
TEAP Halons Technical Options Committee
Co-Chairs Affiliation Country
Walter Brunner envico AG Switzerland
Barbara Kucnerowicz-Polak State Fire Service Headquarters Poland
Gary Taylor Taylor/Wagner Inc. Canada
Members Affiliation Country
Yusof Bin Sidek Fire and Rescue Department Malaysia
Richard Bromberg Gespi Ind. Com. de Equip. Aeronauticos Ltda Brazil
David V. Catchpole BP Exploration (Alaska) Inc. USA
Michelle M. Collins National Aeronautics and Space Administration USA
Robert L. Darwin Naval Sea Systems Command USA
Phil J. DiNenno Hughes Associates Inc. USA
Annie Illett Environment Australia Australia
Matsuo Ishiama Halon Recycling & Banking Support Committee Japan
H. S. Kaprwan Defence Institute of Fire Research India
Nicolai P. Kopylov All-Russian Res. Institute for Fire Protection. Russia
David Liddy Ministry of Defence UK UK
Arthur Lim ABL Lim (FPC) Pte. Ltd. Singapore
Guillermo Lozano GL & Associados Venezuela
John J. OÆSullivan, M.B.E British Airways UK
Erik Pedersen World Bank Denmark
Reva Rubenstein Environmental Protection Agency USA
Roy Young Loss Prevention Council UK
Hailin Zhu Tianjin Fire Research Institute China
Consulting Experts Affiliation Country
David Ball Kidde Graviner Limited UK
Thomas A Cortina Halow Alternatives Research Corporate USA
David England Wormald Ansul (UK) Limited UK
Steve McCormick Army SARD-ZCS-E USA
Joseph A. Senecal Fenwal Safety Systems USA
Ronald Sheinson Navy Research Laboratory USA
Ronald W. Sibley DoD Ozone Depleting Substances Reserve USA
Malcolm Stamp Great Lakes Chemical (Europe) Limited UK
Robert E. Tapscott University of New Mexico USA
Daniel Verdonik Hughes Associates Inc. USA
Brian Ward Kidde Fire Protection UK
Robert T. Wickham Wickham Ass. USA
Michael Wilson Wormald Fire Systems Australia
TEAP Methyl Bromide Technical Options Committee
Co-Chairs Affiliation Country
Thomas Bachelor Consultant Australia
David Okioga Ministry of Environmental Conservation Kenya
Rodrigo Rodriguez-Kábana Auburn University USA
Members Affiliation Country
Jonathan Banks Commonwealth Scientific and Industrial Research Australia
Organization
Mohd. Azmi Ab Rahim Jelirapest Consultancy and Training Services Malaysia
Antonio Bello Centro de Ciencias Medioambientales Spain
Chris Bell Central Science Laboratory UK
Mohamed Besri Department of Plant Pathology, Institut Morocco
Agronomique et Vétérinaire Hassan
Chamlong Chettanachitara Department of Agriculture Thailand
Miguel Costilla Agro-Industrial Obispo Colombres Argentina
Sheila Daar Bio-Integral Resource Center USA
Ricardo Talavera Deang Fertilizer & Pesticide Authority Philippines
Patrick Ducom Ministère de lÆAgriculture et de la Pêche France
Linda Dunn Industry Canada Canada
Seizo Horiuchi National Res. Inst. of Vegetables Japan
Mohd. Ridzuan Ismail Department of Agriculture Malaysia
Jaacov Katan Hebrew University Israel
Fusao Kawakami Yokohama Plant Protection, MAFF Japan
Maria Ludovica-Gullino University of Turin Italy
Michelle Marcotte Marcotte Consultaing Canada
Melanie Miller Consultant Australia
S.K.Murkerjee Ministry of Environment and Forests India
Juarez Müller Empresa de Pesquisa Agropecuária e Extensão Brazil
Maria Nolan Department of the Environment UK
Grace J.A. Ohayo-Mitoko HEWA/PANEA Kenya
Ian Porter Institute of Horticultural Development Australia
Michael Host Rasmussen Ministry of Environment Denmark
John Sansone SCC Products USA
Don Smith Industrial Research New Zealand
Morkel Steyn Department of National Health & Population South Africa
Development
Robert Taylor Natural Resources Institute UK
Bill Thomas Environmental Protection Agency USA
Joop van Haasteren Ministry of Housing, Spatial Planning Netherlands
and the Environment
Kenneth Vick United States Department of Agriculture USA
Yuejin Wang Institute of Plant Quarantine China
Chris Watson IGROX UK
James Wells California Environmental Protection Agency USA
Frank V. Westerlund California Strawberry Advisory Board USA
TEAP Refrigeration, Air Conditioning and Heat Pumps Technical Options Committee
Co-Chair Affiliation Country
Radhey S. Agarwal Indian Institute of Technology, Delhi India
Lambert Kuijpers Technical University Eindhoven Netherlands
Members Affiliation Country
Ward Atkinson Sun Test Engineering USA
James A. Baker Harrison Thermal Systems USA
M. Barreau Elf Atochem SA France
S.C. Bhaduri Tecumseh, India India
Jos Bouma IEA Heat Pump Centre Netherlands
James M. Calm Engineering Consultant USA
Denis Clodic Ecole des Mines France
Jim Crawford Trane Co./American Standard USA
Sukumar Devotta National Chemical Lab. India
Jose Driessen Embraco Brazil
Hans Haukas Consultant Norway
Robert Heap Cambridge Refrigeration Technology UK
Martien Janssen Re/genT Co. Netherlands
Ftouh Kallel Tabrid Group Tunisia
Michael Kauffeld DTI Aarhus Denmark
Fred Keller Carrier Corporation USA
Horst Kruse University of Hannover Germany
Jeffrey Levy Environmental Protection Agency USA
Anders Lindborg Refrigeration Consultant Sweden
Michael Lohle Behr GmbH & Co Germany
Louis Lucas International Institute of Refrigeration France
Edward J. McInerney General Electric USA
Mark Menzer Air Conditioning and Refrigeration Institute USA
Yoshiyuki Morikawa Matsushita Electric Ind. Co. Ltd. Japan
Haruo Ohnishi Daikin Industries Japan
Hezekiah B. Okeyo Ministry of Commerce and Industry Kenya
Deborah Ottinger Environmental Protection Agency USA
Roberto de A. Peixoto Faculdade de Engenh-Mavá Brazil
David Reay David Reay & Associates UK
Günther Reiner Sulzer Friothern Switzerland
Terry Ritter Calor Gas UK
Frederique Sauer Dehon Service France
Erik Schau Unitor Ships Service Norway
Adam M. Sebbit Makerere University Uganda
Stephan Sicars Consultant Germany
Arnon Simakulthorn Thai Compressor Manufacturing Thailand
Jorn Stene SINTEF Energy Norway
Ganesan Sundaresan Copeland Corporation USA
Pham Van Tho Ministry of Fisheries Vietnam
Vassily Tselikov GEF ODS Project Inv. Unit Russia
Paulo Vodianitskaia Multibras S.A. Brazil
Steve Bernherdt Du Pont Fluoroproducts USA
Lau Vors L&E Teknik og Management Denmark
Kiyoshige Yokoi Matsushita Refrigeration. Japan
TEAP Solvents, Coatings and Adhesives Technical Options Committee
Co-Chairs Affiliation Country
Jorge Corona CANACINTRA (National Chamber of Industry) Mexico
Mohinder Malik Lufthansa German Airlines Germany
Members Affiliation Country
Stephen O. Andersen Environmental Protection Agency USA
Srinivas K. Bagepalli General Electric Research & Development USA
Jay Baker Ford Electronics Technical Center USA
Bryan Baxter Consultant UK
Pakasit Chanvinij Thai Airways International Thailand
Mike Clark Sketchley Dry Cleaners UK
Osama A. El-Kholy Egyptian Environment Directorate Egypt
Brian Ellis Protonique Switzerland
Stephen Evanoff Industry Cooperative for Environmental Leadership USA
Joe Felty Raytheon TI Systems USA
Art FitzGerald International Finance Corporation Canada
Yuichi Fujimoto Japan Industrial Conference for Ozone Layer Protection Japan
Jianxin Hu Center of Environmental Sciences, Peking University China
Peter Johnson European Chlorinated Solvents Association UK
William Kenyon Global Centre for Process Change USA
A.A. Khan Indian Institute of Chemical Technology India
V.N. Kudryavtsev Mendeleyev University of Chemical Technology Russia
Stephen Lai Singapore Inst. of Standards and Industrial Research Singapore
Shigeo Matsui Japan Audit and Certification Organisation Japan
Abid Merchant DuPont Fluoroproducts Fluorochemicals Laboratory USA
James Mertens Dow Chemical USA
Fritz Powolny Pfizer Brazil
Patrice Rollet Promosol France
Hussein ShafaÆamri Ministry of Planning Jordan
John Shirtz SRS Technologies-LA USA
Darrel Staley Boeing Defense and Space Group USA
John Stemniski Charles Stark Draper Labs USA
Katsuyuki Takei Japan Association for Hygiene of Chlorinated Solvents Japan
John Wilkinson Vulcan Materials USA
Masaaki Yamabe Asahi Glass Japan
X`Avier HK Yoong National Semiconductor Malaysia
Members of the Scientific Assessment Panel
Panel Co-chairs
Daniel L. Albritton USA
Piet J. Aucamp South-Africa
Gérard Mégie France
Robert T. Watson USA
Chapter Lead Authors in 1998
Rumen D. Bojkov Canada
Marie-Lise Chanin France
Sophie Godin France
Claire Granier USA
Jay Herman USA
David J. Hofmann USA
James R. Holton USA
Robert D. Hudson USA
Michael J. Kurylo USA
Jos Lelieveld The Netherlands
Sasha Madronich USA
Richard L. McKenzie New Zealand
Rolf Müller Germany
Lamont R. Poole USA
Ronald G. Prinn USA
John A. Pyle UK
V. Ramaswamy USA
A.R. Ravishankara USA
Jose M. Rodriguez USA
Ross Salawitch USA
Theodore Shepherd Canada
Keith P. Shine UK
Anne M. Thompson USA
Guus Velders The Netherlands
Rudi J. Zander Belgium
Coordinating Editor
Christine A. Ennis USA
Authors, Contributors and Reviewers in 1994 Assessment
Marc Allaart The Netherlands
Fred N. Alyea USA
Gerard Ancellet France
Meinrat O. Andreae Germany
James K. Angell USA
Frank Arnold Germany
Roger Atkinson USA
Elliot Atlas USA
L. Avallone USA
Helmuth Bauer Germany
Slimane Bekki UK
Tibor Bérces Hungary
T. Berntsen Norway
Lane Bishop USA
Donald R. Blake USA
N.J. Blake USA
Mario Blumthaler Austria
Greg E. Bodeker South Africa
Charles R. Booth USA
Byron Boville USA
Kenneth P. Bowman USA
Geir Braathen Norway
Guy P. Brasseur USA
Carl Brenninkmeijer New Zealand
Christoph Brühl Germany
William H. Brune USA
James H. Butler USA
Sergio Cabrera Chile
Bruce A. Callander UK
Daniel Cariolle France
R. Cebula USA
William L. Chameides USA
S. Chandra USA
J. Christy USA
Ralph J. Cicerone USA
G.J.R. Coetzee South Africa
Peter S. Connell USA
D. Considine USA
Paul J. Crutzen Germany
Derek N. Cunnold USA
John Daniel USA
Malgorzata Degórska Poland
John J. DeLuisi USA
Dirk De Muer Belgium
Frank Dentener The Netherlands
Richard G. Derwent UK
Terry Deshler USA
Susana B. Diaz Argentina
Russell Dickerson USA
J. Dignon USA
Ed Dlugokencky USA
Anne R. Douglass USA
Tom Duafala USA
James E. Dye USA
Dieter H. Ehhalt Germany
James W. Elkins USA
D. Etheridge Australia
T. Duncan Fairlie USA
Donald A. Fisher USA
Jack Fishman USA
E. Fleming USA
Frank Flocke Germany
L. Flynn USA
P.M. de F. Forster UK
James Franklin Belgium
Paul J. Fraser Australia
John E. Frederick USA
Lucien Froidevaux USA
J.S. Fuglestvedt Norway
Reinhard Furrer Germany
Ian E. Galbally Australia
Brian G. Gardiner UK
Hartwig Gernandt Germany
James F. Gleason USA
Amram Golombek Israel
Ulrich Görsdorf Germany
Thomas E. Graedel USA
William B. Grant USA
L. Gray UK
William L. Grose USA
J. Gross Germany
A. Grossman USA
Alexander Gruzdev Russia
James E. Hansen USA
Shiro Hatakeyama Japan
D.A. Hauglustaine France
Sachiko Hayashida Japan
G.D. Hayman UK
Kjell Henriksen Norway
Ernest Hilsenrath USA
Stacey M. Hollandsworth USA
Lon L. Hood USA
Øystein Hov Norway
Carleton J. Howard USA
D. Hufford USA
Linda Hunt USA
Abdel M. Ibrahim Egypt
Mohammad Ilyas Malaysia
Ivar Isaksen Norway
Tomoyuki Ito Japan
Charles H. Jackman USA
Daniel J. Jacob USA
Colin E. Johnson UK
Harold S. Johnston USA
Paul V. Johnston New Zealand
Torben S. Jørgensen Denmark
M. Kanakidou France
Igor L. Karol Russia
Prasad Kasibhatla USA
Jack A. Kaye USA
Hennie Kelder The Netherlands
James B. Kerr Canada
M.A.K. Khalil USA
Vyacheslav Khattatov Russia
J.T. Kiehl USA
S. Kinne Germany
D. Kinnison USA
Volker Kirchhoff Brazil
Ulf Köhler Germany
Walter D. Komhyr USA
Yutaka Kondo Japan
Janusz W. Krzyscin Poland
Antti Kulmala Finland
K. Labitzke Germany
Murari Lal India
K.S. Law UK
G. LeBras France
Yuan-Pern Lee Taiwan
Frank Lefévre France
Robert Lesclaux France
J.S. Levine USA
Joel Levy USA
J. Ben Liley New Zealand
Peter Liss UK
David H. Lister UK
Zenobia Litynska Poland
Shaw C. Liu USA
Jennifer A. Logan USA
Nicole Louisnard France
Pak Sum Low Kenya
Daniel Lubin USA
Jerry Mahlman USA
Gloria L. Manney USA
Huiting Mao USA
W. Andrew Matthews New Zealand
Konrad Mauersberger Germany
Archie McCulloch UK
Mack McFarland USA
M.E. McIntyre UK
Richard D. McPeters USA
Paulette Middleton USA
A.J. Miller USA
Igor Mokhov Russia
Mario Molina USA
G.K. Moortgat Germany
Hideaki Nakane Japan
Paul A. Newman USA
Paul C. Novelli USA
Samuel J. Oltmans USA
Alan OÆNeill UK
Michael Oppenheimer USA
S. Palermi Italy
K. Patten USA
Juan Carlos Pelaez Cuba
J. Penner USA
Thomas Peter Germany
Leon F. Phillips New Zealand
Ken Pickering USA
R. B. Pierce USA
S. Pinnock UK
Michel Pirre France
Giovanni Pitari Italy
Walter G. Planet USA
R.A. Plumb USA
Jean-Pierre Pommereau France
Michael J. Prather USA
Margarita Préndez Chile
Joseph M. Prospero USA
Lian Xiong Qiu China
Richard Ramaroson France
William Randel USA
Phillip Rasch USA
William S. Reeburgh USA
C.E. Reeves UK
J. Richardson USA
David Rind USA
Curtis P. Rinsland USA
Aiden E. Roche USA
Michael O. Rodgers USA
Henning Rodhe Sweden
M. Roemer The Netherlands
Franz Rohrer Germany
Richard B. Rood USA
F. Sherwood Rowland USA
C.E. Roy Australia
Jochen Rudolph Germany
James M. Russell III USA
Nelson A. Sabogal Colombia
Karen Sage USA
T. Sasaki Japan
S.M. Schauffler USA
Hans Eckhart Scheel Germany
Ulrich Schmidt Germany
Rainer Schmitt Germany
Ulrich Schumann Germany
M.D. Schwarzkopf USA
Gunther Seckmeyer Germany
Jonathan D. Shanklin UK
H. Sidebottom Ireland
P. Simmonds UK
Paul C. Simon Belgium
H. Singh USA
Paula Skrivánková Czech Republic
Herman Smit Germany
Johannes Staehelin Switzerland
Knut Stamnes USA
L. Paul Steele Australia
Leopoldo Stefanutti Italy
Richard S. Stolarski USA
A. Strand Norway
B.H. Subbaraya India
N.-D. Sze USA
Xue X. Tie USA
Margaret A. Tolbert USA
Darin W. Toohey USA
Ralf Toumi UK
Michael Trainer USA
Charles R. Trepte USA
Adrian Tuck USA
R. Van Dorland The Netherlands
Karel Vanicek Czech Republic
Geraint Vaughan UK
G. Visconti Italy
W.-C. Wang USA
D.I. Wardle Canada
David A. Warrilow UK
Joe W. Waters USA
E.C. Weatherhead USA
Christopher R. Webster USA
D. Weisenstein USA
Ray F. Weiss USA
Paul Wennberg USA
Howard Wesoky USA
Thomas M.L. Wigley USA
Oliver Wild UK
Paul H. Wine USA
Peter Winkler Germany
Steven C. Wofsy USA
Vladimir Yushkov Russia
Ahmed Zand Iran
Joseph M. Zawodny USA
Reinhard Zellner Germany
Christos Zerefos Greece
Xiu Ji Zhou China
Terms of reference of the Technology and Economic Assessment Panel
[Source: Annex V of the report of the Eighth Meeting of the Parties, agreed in Decision VIII/19]
Parties have requested that the Technology and Economic Assessment Panel (TEAP) annually update the status of technical feasibility and the phase-out progress.
1. Scope of Work
The tasks undertaken by the TEAP are those specified in Article 6 of the Montreal Protocol in addition to those requested from time to time at Meetings of the Parties. The TEAP analyses and presents technical information. It does not evaluate policy issues and does not recommend policy. The TEAP presents technical and economic information relevant to policy. Furthermore, the TEAP does not judge the merit or success of national plans, strategies, or regulations.
2. Organization of Technology and Economic Assessment Panel (TEAP), Technical Options
Committees (TOCs) and Temporary Subsidiary Bodies (TSBs)
2.1 Size and Balance
The membership size of the TEAP should be about 18-22 to allow it to function effectively. It should consist of the Co-chairs of the TEAP, the Co-chairs of all the TOCs and 4-6 Senior Experts for specific expertise or geographical balance not covered by the TEAP Co-chairs or TOC Co-chairs. Each TOC should have two or, if appropriate, three Co-chairs. The positions of TOC Co-chairs as well as of the Senior Experts must be filled to promote a geographical and expertise balance. The overall goal is to achieve a representation of about 50 per cent for Article 5(1) Parties in the TEAP and TOCs.
2.2 Nominations
Nominations of members to the TEAP and TOCs may be made by individual Parties to the Secretariat through their relevant government organization. Such a nomination will be forwarded to the TEAP for consideration and, in the case of nominations of the TEAP for recommendation to the Meeting of the Parties. Any nominations made by the TEAP will be communicated to the relevant Party for consultation before recommendations for appointment are made.
2.3 Appointment of Members of TEAP
In keeping with the intent of the Parties for a periodic review of the composition of the assessment panel, the Meeting of the Parties shall appoint the members of the TEAP for a period to be determined by the Parties, subject to re-endorsement by the Parties. In appointing or re-endorsing members of the TEAP, the Parties should ensure continuity as well as a reasonable turnover.
2.4 TOC Co-chairs
The Co-chairs of a TOC should not normally act as Co-chairs of another TOC.
2.5 Appointment of Members of TOCs
Each TOC should have about 20-35 members. The TOC members are appointed by the TOC Co-chairs in consultation with the TEAP.
2.6 Termination of Appointment
TEAP/TOC Co-chairs can dismiss a member by a two-thirds majority vote. A dismissed member has the right to request a vote of its relevant Panel, Committee or TSB and will be restored if supported by one-third of the members of that body. A dismissed member of the TEAP has the right to appeal to the next Meeting of the Parties through the Secretariat. A dismissed member of a TOC can appeal to TEAP, which can decide on such issues with a two-thirds majority vote, and can appeal to the next Meeting of the Parties.
2.7 Replacement
If a TOC Co-chair/Senior Expert relinquishes or is unable to function, the TEAP after consultation with the nominating Party can temporarily appoint a replacement from amongst its bodies for the time up to the next Meeting of the Parties, if necessary to complete its work. For the appointment of a new member at the Meeting of the Parties, the procedure set out in paragraph 2.2 should be followed.
2.8 Subsidiary Bodies
Temporary Subsidiary Technical Bodies (TSBs) can be appointed by the TEAP/TOCs to report on specific issues of limited duration. The TEAP/TOCs may appoint and dissolve, subject to review by the Parties, such subsidiary bodies of technical experts when they are no longer necessary. The Code of Conduct must be followed by the members of TSBs to avoid conflict of interests in the performance of their duties. For issues which cannot be handled by the existing TOCs and are of substantial and continuing nature TEAP should request the establishment by the Parties of a new TOC.
2.9 Guidelines for Nominations
The TEAP/TOCs will draw up guidelines for nominating experts by the Parties. The TEAP/TOCs will publicize a matrix of expertise available and the expertise gap in the TEAP/TOCs so as to facilitate submission of appropriate nominations by the Parties.
3. Functioning of TEAP/TOCs/TSBs
3.1 Language
The TEAP/TOCs/TSBs meetings will be held and reports and other documents will be produced only in English.
3.2 Scheduling of Meetings
The place and time of the TEAP/TOCs/TSBs meetings will be fixed by the Co-chairs.
3.3 Rules of Procedure
The rules of procedure of the Montreal Protocol will be followed in conducting the meetings of the TEAP/TOCs/TSBs, unless otherwise stated in the terms of reference for TEAP/TOCs/TSBs approved by a Meeting of the Parties.
3.4 Observers
No observers will be permitted at the TEAP, TOC or TSB meetings. However, anyone can present information to the TEAP/TOCs with prior notice and can be heard personally if the TEAP/TOCs consider it necessary.
3.5 Functioning by Members
The TEAP/TOCs/TSBs members function on a personal basis as experts, irrespective of the source of their nominations and accept no instruction from, nor function as representatives of Governments, industries, NGOs or others.
4. Report of TEAP/TOCs/TSBs
4.1 Procedures
The TEAP/TOCs/TSBs will be developed through a consensus process. The reports must reflect any minority views appropriately.
4.2 Access
Access to materials and drafts considered by the TEAP/TOCs/TSBs will be available only to TEAP/TOCs members or others designated by TEAP/TOCs/TSBs.
4.3 Review by TEAP
The final reports of TOCs and TSBs will be reviewed by the TEAP and will be forwarded, without modification (other than editorial or factual corrections which have been agreed with the Co-chairs of the relevant TOC or TSB) by the TEAP to the Meeting of the Parties, together with any comments the TEAP may wish to provide. Any factual errors in the reports may be rectified through a corrigendum following publication, upon receipt by TEAP or the TOC of supporting documentation.
4.4 Comment by Public
Any member of the public can comment to the Co-chairs of TOCs and TSBs with regard to their reports and they must respond as early as possible. If there is no response, these comments can be sent to the TEAP Co-chairs for consideration by TEAP.
5. Code of conduct by members of the Technology and Economic Assessment Panel
Code of Conduct
Members of the TEAP, TOCs and the TSBs have been asked by the Parties to undertake important responsibilities. As such, a high standard of conduct is expected of Members in discharging their duties. In order to assist Members, the following guidelines have been developed as a Code of Conduct.
1. This Code of Conduct is intended to protect Members of the TEAP, TOCs and TSBs from conflicts of interest in their participation. Compliance with the measures detailed in these guidelines is a condition for serving as a Member of the TEAP, the TOCs or the TSBs.
2. The Code is to enhance public confidence in the integrity of the process while encouraging experienced and competent persons to accept TEAP, TOC and/or TSB membership by:
ò establishing clear rules of conduct with respect to conflict of interest while and after serving as a Member, and
ò by minimizing the possibility of conflicts arising between the private interest and public duties of Members, and by providing for the resolution of such conflicts, in the public interest, should they arise.
3. In carrying out their duties, Members shall:
ò perform their official duties and arrange their private affairs in such a manner that public confidence and trust in the integrity, objectivity and impartiality of the TEAP, TOCs and TSBs are conserved and enhanced;
ò act in a manner that will bear the closest public scrutiny, an obligation that is not fully is charged by simply acting within the law of any country;
ò act in good faith for the best interest of the process;
ò exercise the care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances;
ò not give preferential treatment to anyone or any interest in any official manner related to the TEAP, TOCs or TSBs;
ò not solicit or accept significant gifts, hospitality, or other benefits from persons, groups or organizations having or likely to have dealings with the TEAP, TOCs or TSBs;
ò not accept transfers of economic benefit, other than incidental gifts, customary hospitality, or other benefits of nominal value, unless the transfer is pursuant to an enforceable contract or property right of the Member;
ò not step out of their role as a Member to assist other entities or persons in their dealings with the TEAP, TOCs or TSBs where this act would result in preferential treatment to any person or group;
ò not knowingly take advantage of, or benefit from, information that is obtained in the course of their duties and responsibilities as a Member of the TEAP, TOCs and TSBs, and that is not generally available to the public; and
ò not act, after their term of office as a Member of the TEAP, TOCs or TSBs in such a manner as to take improper advantage of their previous office.
4. To avoid the possibility or appearance that Members of the TEAP, TOCs or TSBs might receive preferential treatment, Members shall not seek preferential treatment for themselves or third parties or act as paid intermediaries for third parties in dealings with the TEAP, TOCs or TSBs.
5. TEAP, TOC and TSB Members shall disclose activities including business or financial interest in production of ozone-depleting substances, their alternatives, and products containing ozone depleting substances and alternatives which might call into question their ability to discharge their duties and responsibilities objectively. TEAP, TOC and TSB members must annually disclose such activities. They must also disclose any financing from a company engaged in commercial activities, for their participation in the TEAP, TOC or TSB.
6. TEAP is responsible for the interpretation and TEAP/TOC/TSB Members for the application of this Code of Conduct.
Section U2.9
The Multilateral Fund
(effective November 1997)
Terms of reference for the Multilateral Fund
Establishment
A Multilateral Fund is established.
[Source: Annex IX of the report of the Fourth Meeting of the Parties]
Legal status
The Sixth Meeting of the Parties decided to clarify the nature and legal status of the Fund as a body under international law as follows:
(a) Juridical personality: The Multilateral Fund shall enjoy such legal capacity as is necessary for the exercise of its functions and the protection of its interests, in particular the capacity to enter into contracts, to acquire and dispose of movable and immovable property and to institute legal proceedings in defence of its interests;
(b) Privileges and immunities:
(i) the Fund shall, in accordance with arrangements to be determined with the Government of Canada, enjoy in the territory of the host country, such privileges and immunities as are necessary for the fulfilment of its purposes;
(ii) the officials of the Fund Secretariat shall similarly enjoy such privileges and immunities as are necessary for the independent exercise of their functions in connection with the Multilateral Fund.
[Source: UNEP/Ozl.Pro/6/7 Decision VI/16]
Terms of reference of the Executive Committee
(as modified by the Ninth Meeting of the Parties in Decision IX/16)
1. The Executive Committee of the Parties is established 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 under the Financial Mechanism.
2. The Executive Committee shall consist of seven Parties from the group of Parties operating under paragraph 1 of Article 5 of the Protocol and seven Parties from the group of Parties not so operating. Each group shall select its Executive Committee members. The members of the Executive Committee shall be formally endorsed by the Meeting of the Parties.
2 bis. The members of the Executive Committee whose selection was endorsed by the Eighth Meeting of the Parties shall remain in office until 31 December 1997. Thereafter, the term of office of the members of the Committee shall be the calendar year commencing on 1 January of the calendar year after the date of their endorsement by the Meeting of the Parties.
3. The Chairman and Vice-Chairman shall be selected from the fourteen Executive Committee members. The office of Chairman is subject to rotation, on an annual basis, between the Parties operating under paragraph 1 of Article 5 and the Parties not so operating. The group of Parties entitled to the chairmanship shall select the Chairman from among their members of the Executive Committee. The Vice-Chairman shall be selected by the other group from within their number.
4. Decisions by the Executive Committee shall be taken by consensus whenever possible. If all efforts at consensus have been exhausted and no agreement reached, decisions shall be taken by a two-thirds majority of the Parties present and voting, representing a majority of the Parties operating under paragraph 1 of Article 5 and a majority of the Parties not so operating present and voting.
5. The meetings of the Executive Committee shall be conducted in those official languages of the United Nations required by members of the Executive Committee. Nevertheless, the Executive Committee may agree to conduct its business in one of the United Nations official languages.
6. Costs of Executive Committee meetings, including travel and subsistence of Committee participants from Parties operating under paragraph 1 of Article 5, shall be disbursed from the Multilateral Fund as necessary.
7. The Executive Committee shall ensure that the expertise required to perform its functions is available to it.
8. The Executive Committee shall hold three meetings a year while retaining the flexibility to take advantage of the opportunity provided by other Montreal Protocol meetings to convene additional meetings where special circumstances make this desirable.
9. The Executive Committee shall adopt other rules of procedure on a provisional basis and in accordance with paragraphs 1 to 8 of the present terms of reference. Such provisional rules of procedure shall be submitted to the next annual meeting of the Parties for endorsement. This procedure shall also be followed when such rules of procedure are amended.
10. The functions of the Executive Committee shall include:
(a) To develop and monitor the implementation of specific operational policies, guidelines and administrative arrangements, including the disbursement of resources;