PART II (D): Protection of the ozone layer

No, Authentic texts: Arabic, Chinese, English, French, Russian and Spanish.
Registered on 22 September 1988.
MULTILAT Textes authentiques : arabe, chinois, anglais, français, russe et espagnol.
Enregistrée d'office le 22 septembre 1988.
26164
No. 26164
MULTILATERAL
Vienna Convention for the Protection of the Ozone Layer
(with annexes and Final Act). Concluded at Vienna on
22 March 1985
ex officio MULTILAT~RAL
Convention de Vienne pour la protection de la couche d'ozone
( avec annexes et Acte final). Conclue a Vienne le 22 mars
1985
fran~ais, Enregistr~e Vol. 1513, 1-26164
United Nations — Treaty Series • Nations Unies — Recueil des Traités CONVENTION1 PREAMBLE
1 Came into force on 22 September 1988, i.e., the ninetieth day following the date of deposit^with the Secretary-
General of the United Nations of the twentieth instrument of ratification, acceptance, approval or accession, in
(1):
State
Date of deposit
of the instrument
of ratification,
acceptance approval (AA)
or accession (a)
Australia..................................... 16 a
Austria........................................ Republic.................................. A
_ Finland*.....................................- -26 France.............................___ 11 Mexico........................................ New appli
Norway*.........................___- Sweden*...................................... Switzerland................................. Uganda........................................ 1988 a
Re
public................................__ A
Re
publics..................................... 1986 A
State
Date of deposit
of the instrument
of ratification,
acceptance (A),
approval (AA)
or accession (a)
Brit
May
Baili
~*
Gi
-
serr t, Geor
Is
Is
Akrotiri
Is
Cyprus.).....................
* See p. respecTdf inslrument Date of deposit
of the instrument
of ratification
State ofafCession (a)
Spain ......................., .............;.. .................. 25 July (a)
(With effect from 23 October 1988.)
Guinea........... __,........... 7.... .7............... ;__. 17 August (a)
(With effect from 15 November Venezuela .................. ,-. ...........,...._.;............. ... 1 September _
Ireland......................-.,................ ., ,.................. 15 September (a)
Malta......................-.,,-.,...............,,,.................. 15 September (a)
Italy.......................................... .^................... 19 September 1988
~
324 Trait~s 1988
VIENNA FOR THE PROTECTION OF THE OZONE
LAYER
PREAMBLE
The Parties to this Convention,
Aware of the potentially harmful impact on human health and the environment
through modification of the ozone layer,
I deposit SecretaryGeneral
accordance with article 17 I):
(A),
State accession(Australia - 16 September 1987 United Kingdom of Great Brit-
Austria.................s...a...a............ 19 August 1987
ain and Northern Ireland...... 15 May
Byelorussian Soviet Socialist
(In respect of the United
Republic - --20 June 1986 Kingdom of Great Britain
Canada........................................ 4 June 1986
and Northern Ireland and the
Egypt........................................... 9 May 1988
following territories: BailiFinland............
a..................... 26 September 1986
wick of Jersey, Isle of Man,
France......................................... 4 December 1987 AA
Anguilla, Bermuda, British
Guatemala................................... II September 1987 a
Antarctic Territory, British
Hungary...................................... 4 May 1988 a
Indian Ocean Territory, Brit-
Maldives...................................... 26 April 1988 a
ish Virgin Islands, Cayman
Mexico..................................... 14 September 1987
Islands, Falkland Islands, GiNew
Zealand.............................. 2 June 1987
braltar, Hong Kong, Mont-
(With a declaration of appli- serrat, Pitcairn, Henderson,
cation to the Cook Islands
Ducie and Oeno Islands,
and Niue.)
Saint Helena, Saint Helena
Norway..........a....................... 23 September 1986
Dependencies, South GeorSweden.........
ass.a......so..o......... 26 November 1986
gia and South Sandwich IsSwitzerland.................................
17 December 1987
lands, Turks and Caicos Is-
Uganda........a.................... 24 June 1988a lands, and United Kingdom
Ukrainian Soviet Socialist Re- Sovereign Base Areas of Akpublic.......................................
18 June 1986 rotiri and Dhekelia in the Is-
Union of Soviet Socialist Re- land of Cyprus.) .
publics.....................a............ 18 June 1986A United States of America
......... 27 August
• Seep. 422 of this volume for the texts of the declarations made upon ratification.
Subsequently, the Convention came into force in respect of each of the States listed below the ninetieth day
following the date of deposit with the Secretary-General of the United Nations of its instrument of ratification,
acceptance, approval or accession, in accordance with article 17 (3):
instrument
oraccession Spain......·..................................--................25July 1988 (a)
(With effect from 23 October 1988.)
Equatorial Guinea...·........».............-..............·.....-... 17August 1988 (With effect from 15 November 1988.)
- _
Venezuela...............................................-.--.-... I Septem ber 1988 (a)
(With effect from 30 November 1988.) . -Ireland...........................................................
15September 1988 ()
(With effect from 14 December 1988.)
Malta......
·....8..·......3····......···..···..·...·... 15September 1988 (With effect from 14 December 1988.)
Italy............
6.·8................·........................ 19September I988
(With effect from 18 December 1988.)
Vol. 1513, 1-26164
1987
1986
1988______United — Treaty • — Traités______325
pro
vides plolicies, environ
ment devel
oping na
tional arid, hu
man Determined Article 1. DEFINITIONS
The plane
tary Alternative Alternative Con
vention.
con
stituted Protocols" Vol. 1513, 1-26164
1988 United Nations Series « Nations Unies Recueil des Trait~s 325
Recalling the pertinent provisions of the Declaration of the United Nations
Conference on the Human Environment, and in particular principle 21, which provides
that "States have, in accordance with the Charter of the United Nations and
the principles of international law, the sovereign right to exploit their own resources
pursuant to their own environmental policies, and the responsibility to ensure that
activities within their jurisdiction or control do not cause damage to the environment
of other States or of areas beyond the limits of national jurisdiction",
Taking into account the circumstances and particular requirements of developing
countries,
Mindful of the work and studies proceeding within both international and national
organizations and, in particular, of the World Plan of Action on the Ozone
Layer of the United Nations Environment Programme,
Mindful also of the precautionary measures for the protection of the ozone
layer which have already been taken at the national and international levels,
Aware that measures to protect the ozone layer from modifications due to human
activities require international co-operation and action, and should be based on
relevant scientific and technical considerations,
Aware also of the need for further research and systematic observations to
further develop scientific knowledge of the ozone layer and possible adverse effects
resulting from its modification,
Detennined to protect human health and the environment against adverse
effects resulting from modifications of the ozone layer,
Have agreed as follows:
I. For the purposes of this Convention:
1. "The ozone layer" means the layer of atmospheric ozone above the planetary
boundary layer.
2. "Adverse effects" means changes in the physical environment or biota,
including changes in climate, which have significant deleterious effects on human
health or on the composition, resilience and productivity of natural and managed
ecosystems, or on materials useful to mankind.
3. "Alternative technologies or equipment" means technologies or equipment
the use of which makes it possible to reduce or effectively eliminate emissions of
substances which have or are likely to have adverse effects on the ozone layer.
4. "Alternative substances" means substances which reduce, eliminate or
avoid adverse effects on the ozone layer.
5. "Parties" means, unless the text otherwise indicates, Parties to this Convention.
6. "Regional economic integration organization" means an organization constituted
by sovereign States of a given region which has competence in respect of
matters governed by this Convention or its protocols and has been duly authorized,
in accordance with its internal procedures, to sign, ratify, accept, approve or accede
to the instruments concerned.
7. "Protocols" means protocols to this Convention.
326______United Nations — Treaty Series • Nations Unies — Recueil des Traités_____1988
Article 2. GENERAL OBLIGATIONS
1. provi
sions (a) modifi
cation (b) activ
ities modifica
tion stand
ards (d) this^domes
tic incom
patible tech
nical 7
Article 3. RESEARCH AND SYSTEMATIC OBSERVATIONS
1. (a) (b) modifica
tions (d) con
sequent (e) (/") 326 United -Recueil Trait~s 1988
GENERAL OBLIGATIONS
The Parties shall take appropriate measures in accordance with the provisions
of this Convention and of those protocols in force to which they are party to
protect human health and the environment against adverse effects resulting or likely
to result from human activities which modify or are likely to modify the ozone layer.
2. To this end the Parties shall, in accordance with the means at their disposal
and their capabilities:
(a) Co-operate by means of systematic observations, research and information
exchange in order to better understand and assess the effects of human activities on
the ozone layer and the effects on human health and the environment from modification
of the ozone layer;
(b) Adopt appropriate legislative or administrative measures and co-operate in
harmonizing appropriate policies to control, limit, reduce or prevent human activities
under their jurisdiction or control should it be found that these activities have
or are likely to have adverse effects resulting from modification or likely modification
of the ozone layer;
(c) Co-operate in the formulation of agreed measures, procedures and standards
for the implementation of this Convention, with a view to the adoption of
protocols and annexes;
(d) Co-operate with competent international bodies to implement effectively
this Convention and protocols to which they are party.
3. The provisions of this Convention shall in no way affect the right of Parties
to adopt, in accordance with international law, domestic measures additional to
those referred to in paragraphs 1 and 2 above, nor shall they affect additional domestic
measures already taken by a Party, provided that these measures are not incompatible
with their obligations under this Convention.
4. The application of this article shall be based on relevant scientific and technical
considerations.
RESEARCH AND SYSTEMATIC OBSERV A TIONS
The Parties undertake, as appropriate, to initiate and co-operate in, directly
or through competent international bodies, the conduct of research and scientific
assessments on:
(a) The physical and chemical processes that may affect the ozone layer;
(b) The human health and other biological effects deriving from any modifications
of the ozone layer, particularly those resulting from changes in ultra-violet
solar radiation having biological effects (UV-B);
(c) Climatic effects deriving from any modifications of the ozone layer;
(d) Effects deriving from any modifications of the ozone layer and any consequent
change in UV-B radiation or natural and synthetic materials useful to
mankind;
(e) Substances, practices, processes and activities that may affect the ozone
layer, and their cumulative effects;
(f) Alternative substances and technologies;
(g) Related socio-economic matters;
and as further elaborated in annexes I and II.
Vol. 1513, 1-26164
1988______United — « — Recueil Traités______327
legis
lation interna
tional Article 4. CO-OPERATION IN THE LEGAL, SCIENTIFIC AND TECHNICAL FIELDS
tech
nical, Conven
tion II. confi
dential coun
tries, develop
ment (a) (b) system
atic (d) Article 5. TRANSMISSION OF INFORMATION
infonnation to Article 6. CONFERENCE OF THE PARTIES
commu
nicated Vol. 1988 United Nations -- Treaty Series Nations Unies -Recueil des Trait~s 327
2. The Parties undertake to promote or establish, as appropriate, directly or
through competent international bodies and taking fully into account national legislation
and relevant ongoing activities at both the national and international levels,
joint or complementary programmes for systematic observation of the state of the
ozone layer and other relevant parameters, as elaborated in annex I.
3. The Parties undertake to co-operate, directly or through competent international
bodies, in ensuring the collection, validation and transmission of research and
observational data through appropriate world data centres in a regular and timely
fashion.
CO-OPERATION IN THE LEGAL, SCIENTIFIC AND TECHNICAL FIELDS
1. The Parties shall facilitate and encourage the exchange of scientific, technical,
socio-economic, commercial and legal information relevant to this Convention
as further elaborated in annex IL Such information shall be supplied to bodies
agreed upon by the Parties. Any such body receiving information regarded as confidential
by the supplying Party shall ensure that such information is not disclosed
and shall aggregate it to protect its confidentiality before it is made available to all
Parties.
2. The Parties shall co-operate, consistent with their national laws, regulations
and practices and taking into account in particular the needs of the developing countries,
in promoting, directly or through competent international bodies, the development
and transfer of technology and knowledge. Such co-operation shall be carried
out particularly through:
Facilitation of the acquisition of alternative technologies by other Parties;
Provision of information on alternative technologies and equipment, and
supply of special manuals or guides to them;
(c) The supply of necessary equipment and facilities for research and systematic
observations;
(d) Appropriate training of scientific and technical personnel.
The Parties shall transmit, through the secretariat, to the Conference of the
Parties established under article 6 information on the measures adopted by them in
implementation of this Convention and of protocols which they are party in such
form and at such intervals as the meetings of the parties to the relevant instruments
may determine.
CONFERENCE OF THE PARTIES
1. A Conference of the Parties is hereby established. The first meeting of the
Conference of the Parties shall be convened by the secretariat designated on an
interim basis under article 7 not later than one year after entry into force of this
Convention. Thereafter, ordinary meetings of the Conference of the Parties shall be
held at regular intervals to be determined by the Conference at its first meeting.
2. Extraordinary meetings of the Conference of the Parties shall be held at
such other times as may be deemed necessary by the Conference, or at the written
request of any Party, provided that, within six months of the request being communicated
to them by the secretariat, it is supported by at least one third of the Parties.
Vol, 1513, 1-26164
328______United Nations — Treaty Series • Nations Unies — Recueil des Traités_____1988
im
plementation (a) (b) modi
fication (d) sys
tematic (e) (f) con
cerned;
(h) (i) implemen
tation (/) (k) repre
sented qual
ified 1513,1-26164
328 United Recueil Trait~s 1988
3. The Conference of the Parties shall by consensus agree upon and adopt
rules of procedure and financial rules for itself and for any subsidiary bodies it may
establish, as well as financial provisions governing the functioning of the secretariat.
4. The Conference of the Parties shall keep under continuous review the implementation
of this Convention, and, in addition, shall:
Establish the form and the intervals for transmitting the information to be
submitted in accordance with article 5 and consider such information as well as
reports submitted by any subsidiary body;
(b) Review the scientific information on the ozone layer, on its possible modification
and on possible effects of any such modification;
(c) Promote, in accordance with article 2, the harmonization of appropriate
policies, strategies and measures for minimizing the release of substances causing or
likely to cause modification of the ozone layer, and make recommendations on any
other measures relating to this Convention;
(d) Adopt, in accordance with articles 3 and 4, programmes for research, systematic
observations, scientific and technological co-operation, the exchange of
information and the transfer of technology and knowledge;
(e) Consider and adopt, as required, in accordance with articles 9 and 10,
amendments to this Convention and its annexes;
(f) Consider amendments to any protocol, as well as to any annexes thereto,
and, if so decided, recommend their adoption to the parties to the protocol concerned;
(g) Consider and adopt, as required, in accordance with article 10, additional
annexes to this Convention;
=
(h) Consider and adopt, as required, protocols in accordance with article 8;
(i) Establish such subsidiary bodies as are deemed necessary for the implementation
of this Convention;
(j) Seek, where appropriate, the services of competent international bodies and
scientific committees, in particular the World Meteorological Organization and the
World Health Organization, as well as the Co-ordinating Committee on the Ozone
Layer, in scientific research, systematic observations and other activities pertinent
to the objectives of this Convention, and make use as appropriate of information
from these bodies and committees;
(k) Consider and undertake any additional action that may be required for the
achievement of the purposes of this Convention.
5. The United Nations, its specialized agencies and the International Atomic
Energy Agency, as well as any State not party to this Convention, may be represented
at meetings of the Conference of the Parties by observers. Any body or
agency, whether national or international, governmental or non-governmental, qualified
in fields relating to the protection of the ozone layer which has informed the
secretariat of its wish to be represented at a meeting of the Conference of the Parties
as an observer may be admitted unless at least one-third of the Parties present
object. The admission and participation of observers shall be subject to the rules of
procedure adopted by the Conference of the Parties.
Vol. 1513, 1-
1988 United Nations — Treaty Series • Nations Unies — Recueil des Traités 329
Article SECRETARIAT
Df (a) (b) arid .article (d) (e) arrange
ments (f) ordi
nary Article 8. ADOPTION OF PROTOCOLS
Article 9, AMENDMENT OF THE CONVENTION OR PROTOCOLS
may inter alia, tech
nical Con
ference to proto
col, communidated Patties infor
mation.
reached., Parlies I-26I64
-Recueil Trait~s 7. 1. The functions bf the secretariat shall be:
To arrange for and service meetings provided for in articles 6, 8,9 and 10;
To prepare and transmit reports based upon information received in
accordance with articles 4 and 5, as well as upon information derived from meetings
of subsidiary bodies established under article 6;
(c) To perform the functions assigned to it by any protocol;
To prepare reports on its activities carried out in implementation of its
functions under this Convention and present them to the Conference of the Parties;
(e) To ensure the necessary co-ordination with other relevant international
bodies, and in particular to enter into such administrative and contractual arrangements
as may be required for the effective discharge of its functions;
if) To perform such other functions as may be determined by the Conference
of the Parties.
2. The secretariat functions will be carried out on an interim basis by the
United Nations Environment Programme until the completion of the first ordinary
meeting of the Conference of the Parties held pursuant to article 6. At its first ordinary
meeting, the Conference of the Parties shall designate the secretariat from
amongst those existing competent international organizations which have signified
their willingness to carry out the secretariat functions under this Convention.
ADOPTION OF PROTOCOLS
1. The Conference of the Parties may at a meeting adopt protocols pursuant
to article 2.
2. The text of any proposed protocol shall be communicated to the Parties by
the secretariat at least six months before such a meeting.
9. AMENDMENT OF THE CONVENTION OR PROTOCOLS
1. Any Party may' propose amendments to this Convention or to any protocol.
Such amendments shall take due account, of relevant scientific and technical
considerations.
2. Amendments to this Convention shall be adopted at a meeting of the Conference
of the Parties. Amendments to any protocol shall be adopted at a meeting of
the Parties the protocol in question. The text of any proposed amendment to this
Convention or to any protocol, except as may otherwise be provided in such protocol,
shall be communicated to the Parties by the secretariat at least six months
before the meeting at which it is proposed for adoption. The secretariat shall also
communicate proposed amendments to the signatories to this Convention for information.
3. The Parties shall make every effort to reach agreement on any proposed
amendment to this Convention by consensus. If all efforts at consensus have been
exhausted, and no agreement reached, the amendment shall as a last resort be
adopted by a three-fourths majority vote of the Parties present and voting at the
meeting, and shall be submitted by the Depositary to all Parties for ratification,
approval or acceptance.
Vol. 1513, 1-26164
330______United — — Traités______1988
ratifica
tion, Article 10. ADOPTION AND AMENDMENT OF ANNEXES
1. (a) (b) pre
vious commu
nication (b) inter alia, amend
ment Vol. 1-26164
330 United Nations - Treaty Series • Nations Unies Recueil des Trait~s 1988
4. The procedure mentioned in paragraph 3 above shall apply to amendments
to any protocol, except that a two-thirds majority of the parties to that protocol
present and voting at the meeting shall suffice for their adoption.
5. Ratification, approval or acceptance of amendments shall be notified to the
Depositary in writing. Amendments adopted in accordance with paragraphs 3 or 4
above shall enter into force between parties having accepted them on the ninetieth
day after the receipt by the Depositary of notification of their ratification, approval
or acceptance by at least three-fourths of the Parties to this Convention or by at least
two-thirds of the parties to the protocol concerned, except as may otherwise be
provided in such protocol. Thereafter the amendments shall enter into force for any
other Party on the ninetieth day after the Party deposits its instrument of ratification,
approval or acceptance of the amendments.
6. For the purposes of this article, "Parties present and voting" means Parties
present and casting an affirmative or negative vote.
ADOPTION AND AMENDMENT OF ANNEXES
The annexes to this Convention or to any protocol shall form an integral
part of this Convention or of such protocol, as the case may be, and, unless expressly
provided otherwise, a reference to this Convention or its protocols constitutes at the
same time a reference to any annexes thereto. Such annexes shall be restricted to
scientific, technical and administrative matters.
2. Except as may be otherwise provided in any protocol with respect to its
annexes, the following procedure shall apply to the proposal, adoption and entry
into force of additional annexes to this Convention or of annexes to a protocol:
Annexes to this Convention shall be proposed and adopted according to the
procedure laid down in article 9, paragraphs 2 and 3, while annexes to any protocol
shall be proposed and adopted according to the procedure laid down in article 9,
paragraphs 2 and 4;
(b) Any party that is unable to approve an additional annex to this Convention
or an annex to any protocol to which it is party shall so notify the Depositary, in
writing, within six months from the date of the communication of the adoption by
the Depositary. The Depositary shall without delay notify all Parties of any such
notification received. A Party may at any time substitute an acceptance for a previous
declaration of objection and the annexes shall thereupon enter into force for
that Party;
(c) On the expiry of six months from the date of the circulation of the communication
by the Depositary, the annex shall become effective for all Parties to this
Convention or to any protocol concerned which have not submitted a notification in
accordance with the provision of subparagraph (b) above.
3. The proposal, adoption and entry into force of amendments to annexes to
this Convention or to any protocol shall be subject to the same procedure as for the
proposal, adoption and entry into force of annexes to the Convention or annexes to
a protocol. Annexes and amendments thereto shall take due account, of
relevant scientific and technical considerations.
4. If an additional annex or an amendment to an annex involves an amendment
to this Convention or to any protocol, the additional annex or amended annex
Vol. 1513, 1-26164
1988______United Nations — Treaty — Traités______331
Article 11. SETTLEMENT OF DISPUTES
nego
tiation.
de
clare 1 with, recom
mendatory article: Article 12. SIGNATURE
Article 13. RATIFICATION, ACCEPTANCE OR APPROVAL
accep
tance De
positary.
1 shaill 1988 United -Treaty Series • Nations Unies Recueil des Trait~s 331
shall not enter into force until such time as the amendment to this Convention or to
the protocol concerned enters into force.
1l. SETTLEMENT OF DISPUTES
1. In the event of a dispute between Parties concerning the interpretation or
application of this Convention, the parties concerned shall seek solution by negotiation.
2. If the parties concerned cannot reach agreement by negotiation, they may
jointly seek the good offices of, or request mediation by, a third party.
3. When ratifying, accepting, approving or acceding to this Convention, or at
any time thereafter, a State or regional economic integration organization may declare
in writing to the Depositary that for a dispute not resolved in accordance with
paragraph I or paragraph 2 above, it accepts one or both of the following means of
dispute settlement as compulsory:
(a) Arbitration in accordance with procedures to be adopted by the Conference
of the Parties at its first ordinary meeting;
(b) Submission of the dispute to the International Court of Justice.
4. If the parties have not, in accordance with paragraph 3 above, accepted the
same or any procedure, the dispute shall be submitted to conciliation in accordance
with paragraph 5 below unless the parties otherwise agree.
5. A conciliation commission shall be created upon the request of one of the
parties to the dispute. The commission shall be composed of an equal number of
members appointed by each party concerned and a chairman chosen jointly by the
members appointed by each party. The commission shall render a final and recommendatory
award, which the parties shall consider in good faith.
6. The provisions of this article shall apply with respect to any protocol
except as otherwise provided in the protocol concerned.
SIGNATURE
This Convention shall be open for signature by States and by regional economic
integration organizations at the Federal Ministry for Foreign Affairs of the Republic
of Austria in Vienna from 22 March 1985 to 21 September 1985 and at United
Nations Headquarters in New York from 22 September 1985 to 21 March 1986.
RATIFICATION, ACCEPTANCE OR APPROVAL
1. This Convention and any protocol shall be subject to ratification, acceptance
or approval by States and by regional economic integration organizations.
Instruments of ratification, acceptance or approval shall be deposited with the Depositary.
2. Any organization referred to in paragraph I above which becomes a Party
to this Convention or any protocol without any of its member States being a Party
shall be bound by all the obligations under the Convention or the protocol, as the
case may be. In the case of such organizations, one or more of whose member States
is a Party to the Convention or relevant protocol, the organization and its member
States shall decide on their respective responsibilities for the performance of their
obligation under the Convention or protocol, as the case may be. In such cases, the
organization and the member States shall not be entitled to exercise rights under the
Convention or relevant protocol concurrently.
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332______United Nations — Treaty Series • Nations Unies — Recueil des Traités______1988
organiza
tions Article 14. ACCESSION
Conven
tion para
graph Article 15, RIGHT TO VOTE
Article 16. RELATIONSHIP BETWEEN THE CONVENTION AND ITS PROTOCOLS
1. Con
vention.
Article 17. ENTRY INTO FORCE
1. ac
cession.
accep
tance, I-26I64 ~" .
332 United -- -Recueil Trait~s 1988
3. In their instruments of ratification, acceptance or approval, the organizations
referred to in paragraph 1 above shall declare the extent of their competence
with respect to the matters governed by the Convention or the relevant protocol.
These organizations shall also inform the Depositary of any substantial modification
in the extent of their competence.
ACCESSION
1. This Convention and any protocol shall be open for accession by States and
by regional economic integration organizations from the date on which the Convention
or the protocol concerned is closed for signature. The instruments of accession
shall be deposited with the Depositary.
2. In their instruments of accession, the organizations referred to in paragraph
1 above shall declare the extent of their competence with respect to the
matters governed by the Convention or the relevant protocol. These organizations
shall also inform the Depositary of any substantial modification in the extent of their
competence.
3. The provisions of article 13, paragraph 2, shall apply to regional economic
integration organizations which accede to this Convention or any protocol.
I5. TO VOTE
1. Each Party to this Convention or to any protocol shall have one vote.
2. Except as provided for in paragraph 1 above, regional economic integration
organizations, in matters within their competence, shall exercise their right to vote
with a number of votes equal to the number of their member States which are Parties
to the Convention or the relevant protocol. Such organizations shall not exercise
their right to vote if their member States exercise theirs, and vice versa.
RELATIONSHIP BETWEEN THE CONVENTION AND ITS PROTOCOLS
A State or a regional economic integration organization may not become a
party to a protocol unless it is, or becomes at the same time, a Party to the Convention.
2. Decisions concerning any protocol shall be taken only by the parties to the
protocol concerned.
ENTRY INTO FORCE
This Convention shall enter into force on the ninetieth day after the date
of deposit of the twentieth instrument of ratification, acceptance, approval or accession.
2. Any protocol, except as otherwise provided in such protocol, shall enter
into force on the ninetieth day after the date of deposit of the eleventh instrument of
ratification, acceptance or approval of such protocol or accession thereto.
3. For each Party which ratifies, accepts or approves this Convention or
accedes thereto after the deposit of the twentieth instrument of ratification, acceptance,
approval or accession, it shall enter into force on the ninetieth day after the
date of deposit by such Party of its instrument of ratification, acceptance, approval
or accession.
Vol. 1513, 1-26164
1988_____United Nations — Treaty • — Traités______333
paragraphs, 1 snch Article 18. RESERVATIONS
Article 19. WITHDRAWAL
hi Article 20. DEPOSITARY
1. (a) (b) (d) (e) i:he 00 theur (g) 1988 United -Treaty Series Nations Unies Recueil des Trait~s 333
4. Any protocol, except as otherwise provided in such protocol, shall enter
into force for a party that ratifies, accepts or approves that protocol or accedes
thereto after its entry into force pursuant to paragraph 2 above, on the ninetieth day
after the date on which that party deposits its instrument of ratification, acceptance,
approval or accession, or on the date on which the Convention enters into force for
that Party, whichever shall be the later.
5. For the purposes of paragraphs I and 2 above, any instrument deposited by
a regional economic integration organization shall not be counted as additional to
those deposited by member States of such organization.
No reservations may be made to this Convention.
WITHDRAWAL
1. At any time after four years from the date on which this Convention has
entered into force for a Party, that Party may withdraw from the Convention by
giving written notification to the Depositary.
2. Except as may be provided in any protocol, at any time after four years
from the date on which such protocol has entered into force for a party, that party
may withdraw from the protocol by giving written notification to the Depositary.
3. Any such withdrawal shall take effect upon expiry of one year after the date
of its receipt by the Depositary, or on such later date as may be specified in the
notification of the withdrawal.
4. Any Party which withdraws from this Convention shall be considered as
also having withdrawn from any protocol to which it is party.
DEPOSITARY
The Secretary-General of the United Nations shall assume the functions of
depositary of this Convention and any protocols.
2. The Depositary shall inform the Parties, in particular, of:
The signature of this Convention and of any protocol, and the deposit of
instruments of ratification, acceptance, approval or accession in accordance with
articles 13 and 14;
The date on which the Convention and any protocol will come into force in
accordance with article 17;
(c) Notifications of withdrawal made in accordance with article 19;
Amendments adopted with respect to the Convention and any protocol,
their acceptance by the parties and their date of entry into force in accordance with
article 9;
All communications relating to the adoption and approval of annexes and to
the amendment of annexes in accordance with article 10;
if) Notifications by regional economic integration organizations of the extent
of their competence with respect to matters governed by this Convention and any
protocols, and of any modifications thereto.
Declarations made in accordance with article 11, paragraph 3.
Vol. 1513, 1-26164
— — Traités 1988
Article 21. AUTHENTIC TEXTS
Secre
tary-_ _,._..
IN WITNESS WHEREOF DONE Vol. 1513, I-26I64
334 United Nations Treaty Series • Nations Unies Recueil des Trait~s The original of this Convention, of which the Arabic, Chinese, English, French,
Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-
General of the United Nations.
the undersigned, being duly authorized to that effect,
have signed this Convention.
DONE at Vienna on the 22nd day of March 1985.
Vol. 1513, 1-26164
1988______United — Treaty — Recueil Traités______335-
ANNEXI
RESEARCH AND SYSTEMATIC OBSERVATIONS
1. (a) U V-tempera
ture con
ducting iii (a) Research into the physics and chemistry of the atmosphere
simulta
neous concentrai ion natu
ral in situ atmo
spheric atmo
spheric (b) biological (a) (b) systepi;
(a) agricul
tural (b) fisher
ies, 1988 United Nations -Treaty Series • Nations Unies --Recueil des Trait~s
ANNEX I
335
RESEARCH AND SYSTEMATIC OBSERVATIONS
I. The Parties to the Convention recognize that the major scientific issues are:
Modification of the ozone layer which would result in a change in the amount of solar
ultra-violet radiation having biological effects (UV-B) that reaches the Earth's surface and the
potential consequences for human health, for organisms, ecosystems and materials useful to
mankind;
(b) Modification of the vertical distribution of ozone, which could change the temperature
structure of the atmosphere and the potential consequences for weather and climate.
2. The Parties to the Convention, in accordance with article 3, shall co-operate in conducting
research and systematic observations and in formulating recommendations for future
research and observation in such areas as:
(i) Comprehensive theoretical models: further development of models which consider
the interaction between radiative, dynamic and chemical processes; studies of the simultaneous
effects of various man-made and naturally occurring species upon atmospheric ozone;
interpretation of satellite and non-satellite measurement data sets; evaluation of trends in
atmospheric and geophysical parameters, and the development of methods for attributing
changes in these parameters to specific causes;
(ii) Laboratory studies of: rate coefficients, absorption cross-sections and mechanisms
of tropospheric and stratospheric chemical and photochemical processes; spectroscopic data
to support field measurements in all relevant spectral regions;
(iii) Field measurements: the concentration and fluxes of key source gases of both natural
and anthropogenic origin; atmospheric dynamics studies; simultaneous measurements of
photochemically-related species down to the planetary boundary layer, using and
remote sensing instruments; intercomparison of different sensors, including co-ordinated
correlative measurements for satellite instrumentation; three-dimensional fields of key atmospheric
trace constituents, solar spectral flux and meteorological parameters;
(iv) Instrument development, including satellite and non-satellite sensors for atmospheric
trace constituents, solar flux and meteorological parameters;
Research into health, and photodegradation effects
(i) The relationship between human exposure to visible and ultra-violet solar radiation
and the development of both non-melanoma and melanoma skin cancer and the effects
on the immunological system;
(ii) Effects of UV-B radiation, including the wavelength dependence, upon agricultural
crops, forests and other terrestrial ecosystems and the aquatic food web and fisheries,
as well as possible inhibition of oxygen production by marine phytoplankton;
(iii) The mechanisms by which UV-B radiation acts on biological materials, species and
ecosystems, including: the relationship between dose, dose rate, and response; photorepair,
adaptation, and protection;
(iv) Studies of biological action spectra and the spectral response using polychromatic
radiation in order to include possible interactions of the various wavelength regions;
(v) The influence of UV-B radiation on: the sensitivities and activities of biological
species important to the biospheric balance; primary processes such as photosynthesis and
biosynthesis;
(vi) The influence of UV-B radiation on the photodegradation of pollutants, agricultural
chemicals and other materials;
Vol. 1513, 1-26164
336______United Recueil Trait s_____1988
(c) Research on effects on climate
pr cipitation (ii) (d) Systematic observations on:
(i) HOX,
NOX, ClOx m sosph re, m sosph re, ground-based, airborne and satellite partic
ular instru
mentation (a) Carbon substances
.._ _ ~_
Carbon monoxide (CO). anthropo
genic (ii) Carbon dioxide (CO2). atmo
sphere.
iii) Methane (CH4). Non-methane hydrocarbon species. strato
spheric Vol. 1513, 1-26164
336 United Nations Treaty Series • Nations Unies -Recueil des Trait~s 1988
(i) Theoretical and observational studies of the radiative effects of ozone and other trace
species and the impact on climate parameters, such as land and ocean surface temperatures,
precipitation patterns, the exchange between the troposphere and stratosphere;
The investigation of the effects of such climate impacts on various aspects of human
activity;
The status of the ozone layer (i.e. the spatial and temporal variability of the total
column content and vertical distribution) by making the Global Ozone Observing System,
based on the integration of satellite and ground-based systems, fully operational;
(ii) The tropospheric and stratospheric concentrations of source gases for the HOx,
NO,, CI0 and carbon families;
(iii) The temperature from the ground to the mesosphere, utilizing both ground-based
and satellite systems;
(iv) Wavelength-resolved solar flux reaching, and thermal radiation leaving, the Earth's
atmosphere, utilizing satellite measurements;
(v) Wavelength-resolved solar flux reaching the Earth's surface in the ultra-violet range
having biological effects (UV-B);
(vi) Aerosol properties and distribution from the ground to the mesosphere, utilizing
ground-based, airborne and satellite systems;
(vii) Climatically important variables by the maintenance of programmes of high-quality
meteorological surface measurements;
(viii) Trace species, temperatures, solar flux and aerosols utilizing improved methods
for analysing global data.
3. The Parties to the Convention shall co-operate, taking into account the particular
needs of the developing countries, in promoting the appropriate scientific and technical
training required to participate in the research and systematic observations outlined in this
annex. Particular emphasis should be given to the intercalibration of observational instrumentation
and methods with a view to generating comparable or standardized scientific data
sets.
4. The following chemical substances of natural and anthropogenic origin, not listed in
order of priority, are thought to have the potential to modify the chemical and physical
properties of the ozone layer.
(i) Carbon monoxide has significant natural and anthropogenic
sources, and is thought to play a major direct role in tropospheric photochemistry, and
an indirect role in stratospheric photochemistry.
Carbon dioxide has significant natural and anthropogenic
sources, and affects stratospheric ozone by influencing the thermal structure of the atmosphere.
(ii) Methane has both natural and anthropogenic sources, and affects
both tropospheric and stratospheric ozone.
(iv) Non-methane hydrocarbon species, which
consist of a large number of chemical substances, have both natural and anthropogenic
sources, and play a direct role in tropospheric photochemistry and an indirect role in stratospheric
photochemistry.
26164
1988_____United Nations — Treaty Series » Nations Unies — Recueil des Traités______337
(b) Nitrogen substances
(i) Nitrous oxide (N2O), NiO NOX, role: Nitrogen oxides (NOX). NOX NOX (c) Chlorine substances
(i) Fully halogenated alkanes, e.g. CCI 4, CFC13 (CFC-11), CfïCh (CFC-12), C2FsCh
(CFC-113), C2F4C12 (CFC-114). C10X, which Partially halogenated alkanes, e.g. CHsCl, CHF2C1 (CFC-22), CH3CCl3(CHFCh
(CFC-21). CHaCl C10X.
(d) Bromine substances
Fully halogenated alkanes, e.g. CFsBr. CIO*.
(e) Hydrogen substances
(i) Hydrogen (H2). Water (H2Û). tropo
spheric Vol. 1513, 1-26164
1988 United --Treaty o -Recueil Trait~s 337
(b) (NO). The dominant sources of NO are natural, but anthropogenic
contributions are becoming increasingly important. Nitrous oxide is the primary source of
stratospheric NO,, which play a vital role in controlling the abundance of stratospheric
ozone.
(ii) NO). Ground-level sources of NO, play a major direct role only
in tropospheric photochemical processes and an indirect role in stratosphere photochemistry,
whereas injection of NO, close to the tropopause may lead directly to a change in upper
tropospheric and stratospheric ozone.
() CC14, CFC13(II), CF»CI(CFC13
CF«Cl Fully halogenated alkanes are anthropogenic and act as a
source of C10 which plays a vital role in ozone photochemistry, especially in the 30-50 km
altitude region.
(ii) CHCI, CHFCI CH3CCI3 (CHFC1
2I). The sources of CH3CI are natural, whereas the other partially halogenated
alkanes mentioned above are anthropogenic in origin. These gases also act as a source of
stratospheric C10.
CF3Br. These gases are anthropogenic and act as a
source of BROx, which behaves in a manner similar to CI0.
H). Hydrogen, the source of which is natural and anthropogenic, plays
a minor role in stratospheric photochemistry.
(ii) (HO). Water, the source of which is natural, plays a vital role in both tropospheric
and stratospheric photochemistry. Local sources of water vapour in the stratosphere
include the oxidation of methane and, to a lesser extent, of hydrogen.
338______United Nations — Treaty Series • Nations Unies — Recueil des Traités_____1988
INFORMATION EXCHANGE
1. informa
tion con
sistent co
ordination par
ticular (d) future Technical information
(b) ~~
Socio-economic and commercial information on the substances referred to in
annex I
On:
(a) (b) (c) (d) Legal information
_
(a) (b) [For the signatures, see p. 386 of this volume.]
338 United -- -Recueil Trait~s
ANNEX II
1988
INFORMATION EXCHANGE
The Parties to the Convention recognize that the collection and sharing of information
is an important means of implementing the objectives of this Convention and of assuring
that any actions that may be taken are appropriate and equitable. Therefore, Parties shall
exchange scientific, technical, socio-economic, business, commercial and legal information.
2. The Parties to the Convention, in deciding what information is to be collected and
exchanged, should take into account the usefulness of the information and the costs of
obtaining it. The Parties further recognize that co-operation under this annex has to be consistent
with national laws, regulations and practices regarding patents, trade secrets, and
protection of confidential and proprietary information.
3. Scientific information
This includes information on:
(a) Planned and ongoing research, both governmental and private, to facilitate the coordination
of research programmes so as to make the most effective use of available national
and international resources;
(b) The emission data needed for research;
(c) Scientific results published in peer-reviewed literature on the understanding of the
physics and chemistry of the Earth's atmosphere and of its susceptibility to change, in particular
on the state of the ozone layer and effects on human health, environment and climate
which would result from changes on all time-scales in either the total column content or the
vertical distribution of ozone;
cf) The assessment of research results and the recommendations for future research.
4. This includes information on:
(a) The availability and cost of chemical substitutes and of alternative technologies to
reduce the emissions of ozone-modifying substances and related planned and ongoing
research;
The limitations and any risks involved in using chemical or other substitutes and
alternative technologies.
5. This includes information on:
Production and production capacity;
Use and use patterns;
Imports/exports;
cf) The costs, risks and benefits of human activities which may indirectly modify the
ozone layer and of the impacts of regulatory actions taken or being considered to control
these activities.
6. This includes information on:
National laws, administrative measures and legal research relevant to the protection
of the ozone layer;
International agreements, including bilateral agreements, relevant to the protection
of the ozone layer;
(c) Methods and terms of licensing and availability of patents relevant to the protection
of the ozone layer.
seep. Vol. 1513, 1-26164
— — Traités DECLARATIONS MADE UPON
RATIFICATION
"With respect to Article 11 para
graph 3 of the Convention Finland de
clares that it accepts both of the said
dispute compul
sory."
NORWAY
"Norway accepts the means of dispute
settlement as described in art. 11,
para. 3 (a) and (b) of the Convention as
compulsory; a) ac
cordance with procedures to be adopted
by the Conference of the Parties at its
first ordinary meeting, or b) submission
of the dispute to the International Court
of Justice."
SWEDEN
"Sweden accepts the following means
of dispute settlement as compulsory:
"Submission of the dispute to the In
ternational Court of Justice (Article 11,
paragraph 3 (b)).
"It is, however, the intention of the
Swedish Government to accept also the
following means of dispute settlement as
compulsory;
"Arbitration in accordance with proce
dures to be adopted by the Conference of
the Parties at its first ordinary meeting
(Article 11, paragraph 3 (a)).
"A declaration in this latter respect
will, however, not be given until the pro
cedures for arbitration have been
adopted by the Conference of the Parties
at its first ordinary meeting."
DÉCLARATIONS FAITES LORS
FINLANDE
[TRADUCTION — TRANSLATION]
référence paragraphe l'arti
cle 11 de la Convention, la Finlande
déclare qu'elle accepte comme obliga
toires les deux modes de règlement des
différends qui ont été prévus.
NORVÈGE
[TRADUCTION — TRANSLATION]
La Norvège accepte de considérer
comme obligatoires lesTnodes de règle
ment des différends décrits dans les ali
néas a et b du paragraphe 3 de l'article 11
à) l'arbitrage confor
mément à la procédure qui sera adoptée
par la Conférence des Parties à sa pre
mière session ordinaire où b) soumission
du différend à la Cour internationale de
Justice.
™
SUÈDE
[TRADUCTION — TRANSLATION]
La Suède accepte de considérer
comme obligatoire le mode de règlement
ci-après :
Soumission du différend à la Cour
internationale de Justice (alinéa b du pa
ragraphe 3 de l'article 11).
Le Gouvernement suédois a toutefois
l'intention de considérer également
comme obligatoire le mode de règlement
ci-après :
Arbitrage, conformément à la procé
dure qui sera adoptée par la Conférence
des Parties, à sa première session ordi
naire (alinéa a du paragraphe 3 de F ar
ticle 11).
La Suède attendra toutefois pour faire
une déclaration sur ce dernier point que
la procédure d'arbitrage ait été adoptée
par la Conférence des Parties, à sa pre
mière session ordinaire.
26164
422 United Nations - Treaty Series • Nations Unies Recueil des Trait~s 1988
FINLAND
paragraph
declares
means of settlement as compulsory."
(b) that is arbitration in accordance
orb) International
3(procedures
procedures
Vol. 1513, 1-26164
D~CL ARATIONS DE LA RATIFICATION
[TRADUCTION -TRANSLATION]
En r~f~rence au 3 de l'article
ll d~clare quelle obligatoires
r~glement diff~rends ~t~ pr~vus.
NORV~GE
[TRADUCTION TRANSLATION]
Norv~ge consid~rer
les modes r~glement
diff~rends d~crits alin~
as 1l
de la Convention; a) conform~
ment ~ proc~dure adopt~e
Conf~rence ~ premi~
re ou diff~rend ~ SU~DE
[TRADUCTION TRANSLATION]
Su~de consid~rer
r~glement
apr~s diff~rend ~ alin~a paragraphe
I' article 11 ).
su~dois consid~rer ~galement
r~glement
apr~s conform~ment ~ proc~dure
adopt~e Conf~rence
~ premi~re ordinaire
alin~a larticle
Su~de d~claration proc~dure ~t~ adopt~e
Conf~rence ~ premi~
re
1988_____United — » — Traités______439
Layer
Executive Pro
gramme pursuant piiiticipate following
Argen
tina, Republic,
Republic Vene
zuela.
proceedings Con
ference: 5. Observers from the following United Nations bodies, specialized agencies,
intergovernmental and non-governmental organizations also attended the Confer
ence: United Nations Industrial Development Organization, World Meteorological
Organization, European Economic Community, Organization for Economic Co-op
eration and Development, European Council of Chemical Manufacturers' Federa
tions, International Chamber of Commerce, Federation of European Aerosol Asso
ciations.
6. In the course of the inaugural ceremony, the Conference heard a welcoming
address by Dr. Kurt Stçyrer, Federal M inister for Health and Environmental Protec
tion on behalf of the Government of the Republic of Austria. The Conference was
Djr. served as Secretary-General of the Conference and appointed Mr. Jerry O'Dell as
Executive Secretary.
7. The Conference unanimously elected Dr. Winfried Lang (Austria) as its
following Vice-Presidents:
Mr. Geraldo Eulalio do Nascimento e Silva (Brazil)
Mr. Mohamed El-Taher Shash (Egypt)
Mr. Rune Lônngren (Sweden)
Mr. Yuri Sedunov (Union of Soviet Socialist Republics)
Mr. Willem Kakebeeke (Netherlands)
26164
1988 United Nations Treaty Series Nations Unies Recueil des Trait~s
FINAL ACT OF THE CONFERENCE OF PLENIPOTENTIARIES
ON THE PROTECTION OF THE OZONE LAYER
439
1. The Conference of Plenipotentiaries on the Protection of the Ozone was convened by the Director of the United Nations Environment Programme
(UNEP) to decision 12/14, section 1, paragraph 4, adopted by the
Governing Council of UNEP on 28 May 1984.
2. The Conference met at the Vienna International Centre, Vienna, with the
kind support of the Government of the Republic of Austria, from 18 to 22 March
1985.
3. All States were invited to participate in the Conference. The States accepted the invitation and participated in the Conference: Algeria, Argentina,
Australia, Austria, Belgium, Brazil, Byelorussian Soviet Socialist Canada, Chile, Denmark, Egypt, Finland, France, Germany, Federal of,
Greece, Ireland, Italy, Japan, Luxembourg, Mexico, Morocco, Netherlands, New
Zealand, Nigeria, Norway, Peru, Philippines, Senegal, Spain, Sweden, Switzerland,
Ukrainian Soviet Socialist Republic, Union of Soviet Socialist Republics, United
Kingdom of Great Britain and Northern Ireland, United States of America, Venezuela.
4. Observers from the following States attended the of the Conference:
Bulgaria, China, Ecuador, Indonesia, Tunisia, Uruguay, Yugoslavia.
and Conference:
operation
Federations,
Associations.
Steyrer, Minister Protection
formally opened by Dr. Mostafa K. Tolba, the Executive Director of UNEP, who
President.
8. The Conference also elected the officers:
L~nngren Rapporteur :
Vol. 1513, 1-26164
440 United Nations — Treaty Series • Nations Unies — Recueil des Traités_____1988
following (a) (b) (c) Présidents Rapporteur;
(d) (e) (f) (g) 3. Consideration of the draft Convention for the Protection of the Ozone Layer,
~~
4. Consideration of the report of the Ad Hoc Working Group of Legal and Techni
cal Experts for the Elaboration of a Global Framework for the Protection of the
Protocofon 5. Consideration of the report of the Credentials Committee.
appropriate.
10. The Conference adopted as its rules of procedure document UNEP/
11. In conformity with the rules of procedure, the Conference established the
Chairman: General Committee
Chairman: - - ~
Members: The Vice-Présidents of the Conference, the Rapporteur and the
Mr. Alberto L. Davérède (Argentina)
Members:
Saïd (Egypt)
(USSR)
Mr. Patrick Széll (United Kingdom)
440 United Nations Series • Nations Unies Recueil des Trait~s 1988
9. The Conference adopted the agenda:
1. Opening of the Conference.
2. Organizational matters:
Adoption of the rules of procedure;
Election of the President;
Election of Vice-Presidents and Adoption of the agenda;
Appointment of the Credentials Committee;
if) Appointment of the Drafting Committee;
Organization of the work of the Conference.
and its technical annexes.
Technical
Ozone Layer, concerning a draft Protocol on Chlorofluorocarbons.
6. Adoption of the Convention and other instruments, as 7. Adoption of the Final Act of the Conference.
8. Signature of final instruments.
9. Closing of the Conference.
IG.53/2 proposed by the secretariat, as amended (UNEP/IG.53/2/Corr.l).
following Committees:
Committee of the Whole
The President of the Conference
The President of the Conference
Presidents Chairman of the Drafting Committee
Drafting Committee
Chairman:
Dav~r~de Mr. Waguih Said Hanafi Ms. Satu Nurmi (Finland)
Mr. Philippe Seigneurin (France)
Mr. Vadim Bakoumov Sz~ll Mr. Scott A. Hajost (USA)
Vol. 1513, 1-26164
1988______United — » — Recueil Traités 441
12. The main documents which served as the basis for the deliberations of the
Conference were:
— Fifth Revised Draft Convention for the Protection of the Ozone Layer
(UNEP/IG.53/3)
— Final Report of the Ad Hoc Working Group of Legal and Technical Experts for
the Elaboration of a Global Framework Convention for the Protection of the
Ozone Layer (UNEP/IG.53/4).
13. In addition, the Conference had before it a number of other documents
that were made available to it by the Secretariat of UNEP/*)
14. The Conference approved the recommendation of its Credentials Com
mittee that the credentials of the representatives of the participating States as listed
in paragraph 3 should be recognized as being in order.
15. On the basis Of the deliberations of the Committee of the Whole, the Con
ference, on 22 March 1985, adopted the Vienna Convention for the Protection of the
Ozone Layer. The Convention, which is appended to this Final Act, will be open for
signature at the Federal Ministry for Foreign Affairs of the Republic of Austria in
Vienna from 22 March 1985 to 21 September 1985, and at the United Nations Head
quarters in New York from 22 September 1985 to 21 March 1986.
16. The Conference also adopted the following resolutions which are ap
pended to this Final Act:
1. Resolution on institutional and financial arrangements;
2. Resolution on a protocol concerning chlorofluorocarbons;
3. Tribute to the Government of the Republic of Austria.
17. At the time of the adoption of this Final Act, several States made declara
tions which are recorded in document UNEP/IG.53/5 appended hereto. 1
IN WITNESS WHEREOF the representatives have signed this Final Act.
DONE at Vienna this twenty-second day of March one thousand nine hundred
and eighty-five in one original in the Arabic, Chinese, English, French, Russian and
Spanish languages, each language version being equally authentic. The original text
will be deposited with the Secretary-General of the United Nations.
(*) Financial implications of the implementation of the Convention for the Protection of the Ozone Layer: Revised
estimates, and comments by WMO (documents UNEP/WG.94/13, UNEP/WG.94/13/Add.l and UNEP/WG.94/13/
l).
1 See Vol. 1513,1-26164
1988 United Nations -- Treaty Series • Nations Unies -Recueil des Trait~s -Fifth - UNEP
Committee
of Conference,
Headquarters
appended
declarations
1
versi.on () I Add.2/Rev. l ).
I page 446.
Vol. 1513, 1-26164
442 — — Recueil Traités 1. The Conférence,
Having adopted the Vienna Convention for the Protection of the Ozone Layer,
Recalling that under the Convention the United Nations Environment Pro
gramme (UNEP) is responsible for carrying out the secretariat functions until the
completion of the first ordinary meeting of the Conference of the Parties held pur
suant to article 6 of the Convention,
Recognizing that it is for the Parties to the Convention to Finance the costs of
the secretariat of the Convention and other administrative costs,
1. Notes the cost estimates for the first two years of the Convention secre
tariat, as presented by the secretariats of UNEP and the World Meteorological
Organization (WMO);
2. Also notes the willingness of the Executive Director of UNEP to contribute
towards the costs of the interim secretariat during its initial two to three years of
operation, subject to the availability of resources in the EnvironmentTund;
3. Requests the Executive Director of UNEP, in consultation with the signa
tories to the Convention and in close co-operation with WMO and other relevant
United Nations bodies, to make arrangements required for the interim secretariat in
order to achieve the objectives of the Convention;
4. Further notes with appreciation the statements of the Executive Director of
UNEP and the WMO Executive Council, offering to serve as the permanent secre
tariat for the Convention.
United Nations Treaty Series • Nations Unies -Recueil des Trait~s 1988
Resolution on Institutional and Financial Arrangements
Conference,
Programme
pursuant
finance l. secretariat,
Environment Fund;
signatories
secretariat
Vol. 1513, 1-26164
1988 United Nations—Treaty Series • Nations Unies — Recueil des Traités 443
2. Resolution on a Protocol Concerning Chlorofluorocarbons
The Conférence,
Noting with appreciation that the: Convention for the Protection of the Ozone
Layer was opened for signature in Vienna on 22 March 1985,
Bearing in mind decision 8/7B adopted on 29 April 1980 by the Governing Coun
cil of the United Nations Environment Programme (UNEP),
Considering that the Convention is an important step to protect the ozone layer
from modifications due to human activities,
Noting that article 2 of the Convention establishes an obligation to take appro
priate 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 the possibility that world-wide emissions and use of fully-halogenated
Chlorofluorocarbons (CFCs) and other chlorine-containing substances can
significantly deplete and otherwise modify the ozone layer, leading to potentially
adverse effects on human health, crop>s, marine life, materials and climate, and rec
ognizing at the same time the need to further assess possible modifications and their
potentially adverse effects,
Mindful of the precautionary measures for controlling emissions and use of
CFCs that have already been taken at national and regional levels, but recognizing
that such measures might not be sufficient for protecting the ozone layer,
Determined therefore to continue: negotiations on the development of a proto
col to control equitably global production, emissions and use of CFCs,
Mindful that special consideration should be given to the particular situation of
developing countries,
Mindful also of the relationship between the level of industrialization of a State
and its reponsibilities for the protection of the ozone layer,
Noting the considerable progress made by the Ad Hoc Working Group of Legal
and Technical Experts for the Elaboration of a Global Framework Convention for
the Protection of the Ozone Layer to develop a protocol concerning CFCs, but
further noting that the Working Group was not in a position to complete its work on
the protocol,
1. Pending the entry into force of the Convention, requests the Executive
Director of UNEP, on the basis of the work of the Ad Hoc Working Group, to
convene a working group to continue work on a protocol that addresses both short
and long term strategies to control equitably global production, emissions and use of
CFCs, taking into account the particular situation of developing countries as well as
updated scientific and economic research;
2. Urges all interested parties, in order to facilitate work on a protocol, to
co-operate in studies leading to a more common understanding of possible scenarios
for global production, emissions and use of CFCs and other substances affecting the
ozone layer and the costs and effects of various control measures and, to this end,
requests such parties to sponsor, under the patronage of UNEP, a workshop on this
subject;
26164
Nations --Recueil Trait~s Conference,
the Council
appropriate
halogenated
chlorofluorocarbons arid crops, recognizing
at. continue protocol
oil Vol. 1513, 1-26164
— — Recueil Traités 1988
developing inter alia, Co-ordinating assess
ment control atmospheric ozone;
pending the entry into force of the Convention, to convene a Diplomatic Conference,
5. Appeals to signatories to the Convention and to other interested parties
support activities envisaged under the above paragraphs;
regional integration organizations, pending
entry into force of a protocol, to control their emissions of CFCs, inter alia in
disposal, including production the maximum extent practicable.
444 United Nations Treaty Series • Nations Unies -Recueil des Trait~s 3. Requests the working group, in further a protocol, to take into
account, the report of the Committee on the Ozone Layer
on its eighth session as well as the 1985 World Meteorological Organization assessment
of the current understanding of the physical and chemical processes which
4. Authorizes the Executive Director, in consultation with the signatories and
if possible in 1987, for the purpose of adopting such a protocol;
participating in the preparation of a protocol to make available financial means to
6. Urges all States and economic aerosols, by any means at their controls on or use, to
Vol. 1513, 1-26164
1988 United Nations — Treaty Series « Nations Unies — Recueil des Traités 445
3. Tribute to the Government of the Republic of Austria
The Conference,
Having met in Vieiina from 18 to 22 March 1985 at the gracious invitation of the
Government of the Republic of Austria,
Convinced that the efforts made by the Government of the Republic of Austria
and by the civic authorities of Vienna in providing facilities, premises and other
resources contributed significantly to the smooth conduct of its proceedings,
Deeply appreciative of the courtesy and hospitality extended by the Govern
ment of the Republic of Austria and the City of Vienna to the members of the
delegations, observers and the secretariat attending the Conference,
Expresses its sincere gratitude to the Government of the Republic of Austria, to
the authorities of Vienna and, through i;hem, to the Austrian people and in particular
to the population of Vienna for the cordial welcome which they accorded to the
Conference and to those associated with its work and for their contribution to the
success of the Conference.
I5J3, -- o -Recueil Trait~s Vienna Government
them, Vol. 1513, 1-26164
446 — Treaty • — Traités DOCUMENT UNEP/IG.53/5
DECLARATIONS MADE AT THE TIME OF ADOPTION OF THE FINAL ACT
OF THE CONFERENCE OF PLENIPOTENTIARIES ON THE PROTEC
TION OF THE OZONE LAYER
;.
1. The delegations of Australia, Austria, Belgium, Canada, Chile, Denmark,
Norway, Sweden, Switzerland, and United Kingdom of Great Britain and Northern
Ireland express their regret at the absence from the Vienna Convention for the Pro
tection of the Ozone Layer of any provisioolbr the compulsory settlement of dis
putes by third parties, at the request of one party. Consistently with their traditional
support procedure, appeal Conven
tion to make use of the possibility of a declaration under article 11, paragraph 3, of
_ ._ .. _ __
delegation Egypt importance Govern
ment protect protection participated in the preparatory work for the Conference of Plenipotentiaries on the Protection of
Layer, adoption concurring with the consensus on article 1 of the Convention, the delegation of
Egypt understands paragraph 6 of that article as being applicable to all regional
organizations, including the Organization of African Unity and the League of Arab
States, provided they fulfil the conditions laid down in that article, namely, that they
have competence in respect of matters governed by the Convention and have been
duly by procedure. While concurring with the consensus on article 2 of the Convention, the
delegation of Egypt states that the first sentence of paragraph 2 of that article should
be read in the light of the third preambular paragraph. While concurring with the
consensus on Resolution No. 1 on Institutional and Financial Arrangements, the
delegation of Egypt states that its approval of the third preambular paragraph of that
resolution is without prejudice to its position on the method of apportioning contri
butions among the member States, with particular reference to option 2, which it had
supported during the discussions on preparatory document UNEP/WG.94/13,
whereby 80 per cent of the costs would be covered by the industrialized countries
and the remaining 20 per cent apportioned among the member States on the basis of
the United Nations scale of assessment.
3. With regard to Resolution No. 2 on a Protocol Concerning Chlorofluorocarbons,
the delegation of Japan is of the opinion that a decision whether or not to
continue work on a protocol should await the results of the work of the Co-ordi
nating Committee on the Ozone Layer. Secondly, with regard to paragraph 6 of the
delegation Japan opinion country should itself decide how to control emissions of chlorofluorocarbons.
4. The delegation of Spain declares that, in accordance with the interpretation
by the President of the Conference in his statement of 2 M arch 1985, its Government
understands paragraph 6 of the Resolution on a Protocol Concerning Chlorofluoro
carbons as being addressed exclusively to the individual countries themselves,
which are urged to control their limits of production or use, and not to third coun
tries or to regional organizations with respect to such countries.
United Nations -Treaty Series Nations Unies Recueil des Trait~s 1988
DOCUMENT THE PROTECTION
Finland, France, Germany, Federal Republic of, Italy, Netherlands, New Zealand,
Protection
provision for disputes
for such a these delegations to all Parties to the Convention
the Convention.
2. The of reiterates the attached by its Government
to the international and national efforts to the environment, including
the of the ozone layer. For that reason, it has from the outset
the Ozone and in the of the Convention and resolutions. While
I authorized their member States in accordance with their internal rules of
contributions
Chlorofluorocarbons,
ordinating
to above-mentioned resolution, the of is of the op inion that each
March Chlorofluorocarbons
countries
Vol. 1513, 1-26164
1988_____United Nations — Treaty Series • Nations Unies — Recueil des Traités______447
5. The delegation of the United States of America declares that it understands
article 15 of the Convention to mean that regional economic integration organiza
tions, none of whose member States are parties to the Convention or relevant proto
col, shall have one vote each. It further understands that article 15 does not allow
any double voting by regional economic integration organizations and their member
States; that is, regional economic integration organizations may never vote in addi
tion to their member States which are party to the Convention or relevant protocol,
and vice versa.
[For the signatures, see p. 475 of this volume.]
Vol. 1513, 1-26164
1988 United -Treaty Trait~s 447
organizations,
protocol,
integration addition
For seep.
No. 26369
MULTILATERAL
Montreal Protocol on Substances that Deplete the Ozone
Layer (with annex). Concluded at Montreal on 16 Sep
tember 1987
Authentic texts: Arabic, Chinese, English, French, Russian and Spanish.
Registered on 1 January 1989.
MULTILATERAL
Protocole de Montréal relatif à des substances qui appauvris
sent la couche d'ozone (avec annexe). Conclu à Montréal
le 16 septembre 1987
Textes authentiques : arabe, chinois, anglais, français, russe et espagnol.
Enregistré d'office le 1 er janvier 1989.
Vol. 1522, 1-26369
September
ex officio MULTILAT~RAL
Montr~al ~ appauvrissent
~ Montr~al
fran~ais, Enregistr~ I janvier 26369
— • — Traités MONTREAL PROTOCOL1 ON SUBSTANCES THAT DEPLETE THE
OZONE LAYER
2
meas
ures re
mo
dify 1 1 (1) (1):
(AA)
organization
................. A
.................... Denmark................... ap
plication Egypt...................... 1988
.................... A
France..................... AA
....................... appli
cation Ireland..................... ....................... ...................... ...................... .................... ................ A
Forthe Zealand ............... Is
lands Norway.................... 24 June State acceptance (A)
or organization or approval (AA)
...................... .................... Switzerland................. .................... Re
public. ................... A
Re
publics ................... A
Brit
ain Ireland... Baili
wick Cay
man Is
lands, Geor
gia Is
lands 1) : (Continued on page 30)
26369
1989 United Nations Treaty Series e Nations Unies Recueil des Trait~s 29
MONTREAL ON SUBSTANCES THAT DEPLETE THE
OZONE LAYER
The Parties to this Protocol,
Being Parties to the Vienna Convention for the Protection of the Ozone
Layer,
Mindful of their obligation under that Convention to take appropriate measures
to protect human health and the environment against adverse effects re,
sulting 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,
1 Came into force on l January 1989, the date provided for by the Agreement, since by that date at least
11 instruments of ratification, acceptance, approval or accession had 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 article 17 I) of the Vienna Convention for the Protection of the Ozone Layer had
been fulfilled, in accordance with article 16 I):
16 December 1988
31 October 1988 30 June 1988
16 December 1988
Norway..................,, 24June 1988
Date of deposit
of the instrument
of ratification,
acceptance (A)
or approval Date of deposit
of the instrument
of ratification,
acceptance (A)
16 December 1988
29 June 1988
28 December 1988
15 September 1988
20 September 1988 10 November 1988 16 December 1988
21 April 1988
State
or organizatior
Spain .
Sweden .
Switzerland .
Uganda .
Ukrainian Soviet Socialist Republic
.
Union of Soviet Socialist Republics
.
United Kingdom of Great Britain
and Northern Ireland ...
(In respect of the United
Kingdom of Great Britain
and Northern Ireland and the
following territories: Bailiwick
of Jersey, Isle of Man,
Anguilla, Bermuda, British
Antarctic Territory, British
Indian Ocean Territory,
British Virgin Islands, Cayman
Islands, Falkland Islands,
Gibraltar, Hong
Kong, Montserrat, Pitcairn,
Henderson, Ducie and Oeno
Islands, Saint Helena and
Dependencies, South Georgia
and South Sandwich Islands
and Turks and Caicos
Islands.)
United States of America ....
2 August I 988
23 December 1988 28 December 1988 16 December 1988
16 December 1988
30 September 1988 A
29 December 1988
31 March 1988 A
16 December 1988 State
or organizatior
Byelorussian Soviet Socialist
Republic .
Canada ..
Denmark .
(With declaration of non-application
to the Faroe Islands
and Greenland.)
Egypt. .
Finland .
France .
Germany, Federal Republic
of ..
(With a declaration of application
to Berlin (West).)
Ireland ..
Italy .
Japan .
Malta .
Mexico .
Netherlands .
(For the Kingdom in Europe,
the Netherlands Antilles and
Aruba.)
New Zealand............... 21 July 1988
(With a declaration of nonapplication
to the Cook Islands
and Niue.)
In accordance with article 16 ( I) of the Vienna Convention for the Protection of the Ozone Layer concluded at
Vienna on 22 March 1985, the above-mentioned States had become Parties to the said Convention on the date of
deposit of their instrument of ratification, acceptance, approval of the Protocol or accession thereto.
Vol. 1522, 1-26369
30 — • — Recueil Traités______1989
Aware that measures taken to protect the ozone layer from depletion should
devel
oping Article 1. DEFINITIONS
1. "Parties" Pro
tocol, (Continued from page 29)
Subsequently, Date of deposit
of the Instrument
of ratification.
State approval (AA)
or organization or accession (a)
Luxembourg................ 15 Portugal.................... a
Kenya ..................... 9 November 1988
1989.)
Date of deposit
of the instrument
of ratification.
State
approval (AA)
or organization or accession (a)
Commu
nity. ..................... AA
Greece..................... 1988
Belgium.................... : United Nations, vol. 1513, No. 1-26164.
26369
United Nations -- Treaty Series e Nations Unies -Recueil des Trait~s 1989
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,
Acknowledging that special provision is required to meet the needs of developing
countries for these substances,
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 and development of science and technology 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:
I. DEFINITIONS
For the purposes of this Protocol:
I. "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 listed in Annex A to this Protocol,
whether existing alone or in a mixture. It excludes, however, any such
substance or mixture which is in a manufactured product other than a container
used for the transportation or storage of the substance listed.
5. "Production" means the amount of controlled substances produced
minus the amount destroyed by technologies to be approved by the Parties.
ratification,
29 December I 988
16 December 1988 Greece .
(With effect from 29 March
1989.)
organizatior
European Economic Community
.
(With effect from 16 March
1989.)
State
or organizatior
Luxembourg .
(With effect from I5 January
1989.)
Portugal... . . . . . . . . . . . . . . . . . 17 October 1988
(With effect from 15 January
1989.)
Nigeria..................... 31 October 1988 (With effect from 29 January
1989.)
Kenya..................., 9November 1988 Belgium.................., 30 December 1988
(With effect from 7 February
(With effect from 30 March
·
1989.) 1989.)
United Nations, Treaty Series, vol. 1513, No. 1-26164.
Subsequently. for the following States and Regional Economic Integration Organization which had not become
Parties to the Vienna Convention on the date of deposit of their instrument of ratification, acceptance, approval of the
Protocol or accession thereto, the latter entered into force on the ninetieth day after the date on which the State or
organization had deposited the said instrument, or on the date on which the Convention entered into force for that
Party, whichever was the latter, in accordance with article 17 (4) of the Vienna Convention:
instrument
ratification,
approval (AA)
or accession (a)
17 October 1988
Vol. 1522, 1-26369
1989 — — Traités 31
con
trolled Article 2. CONTROL MEASURES
meas
ures 1522,1-United Nations - Treaty Series • Nations Unies --- Recueil des Trait~s 6. "Consumption" means production plus imports minus exports of controlled
substances.
7. "Calculated levels" of production, imports, exports and consumption
means levels determined in accordance with Article 3.
8. "Industrial rationalization" means the transfer of all or a portion of the
calculated level of production of one Party to another, for the purpose of
achieving economic efficiencies or responding to anticipated shortfalls in supply
as a result of plant closures.
1. Each Party shall ensure that for the twelve-month period commencing on
the first day of the seventh month following the date of the 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 twelve-month period commencing on
the first day of the thirty-seventh month following the date of the entry into force
of this Protocol, and in each twelve-month period thereafter, its calculated level of
consumption of the controlled substances listed in Group II of Annex A does not
exceed its calculated level of consumption in 1986. 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. The mechanisms for implementing these measures
shall be decided by the Parties at their first meeting following the first
scientific review.
3. Each Party shall ensure that for the period 1 July 1993 to 30 June 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, eighty
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, eighty per cent of
its calculated level of production in 1986. However, in order to satisfy the basic
domestic needs of the Parties operating under Article 5 and for the purposes of
industrial rationalization between Parties, 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 period 1 July 1998 to 30 June 1999,
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, fifty
per cent of its calculated level of consumption in 1986. Each Party producing one
or more of these substances shall, for the same periods, ensure that its calculated
Vol. 1522, 1-26369
32_______United Nations — Treaty Series • Nations Unies — Recueil des Traités 1989
1, pro
duction 1 (a) inte
gration 1 ((b) (c) (a) 26369
32 United - e - Trait~s level of production of the substances does not exceed, annually, fifty per cent of
its calculated level of production in 1986. However, in order to satisfy the basic
domestic needs of the Parties operating under Article 5 and for the purposes of
industrial rationalization between Parties, 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 unless the Parties decide otherwise at a meeting
by a two-thirds majority of Parties present and voting, representing at least two
thirds of the total calculated level of consumption of these substances of the
Parties. This decision shall be considered and made in the light of the assessments
referred to in Article 6.
5. Any Party whose calculated level of production in 1986 of the controlled
substances in Group I of Annex A was less than twenty-five kilotonnes may, for
the purposes of industrial rationalization, transfer to or receive from any other
Party, production in excess of the limits set out in paragraphs l, 3 and 4 provided
that the total combined calculated levels of production of the Parties concerned
does not exceed the production limits set out in this Article. Any transfer of such
production shall be notified to the secretariat, no later than the time of the
transfer.
6. Any Party not operating under Article 5, that has facilities for the production
of controlled substances under construction, or contracted for, prior to
16 September 1987, and provided for in national legislation prior to l January
1987, may add the production from such facilities to its 1986 production of such
substances for the purposes of determining its calculated level of production for
1986, provided that such facilities are completed by 31 December 1990 and that
such production does not raise that Party's annual calculated level of consumption
of the controlled substances above 0.5 kilograms per capita.
7. Any transfer of production pursuant to paragraph 5 or any addition of
production pursuant to paragraph 6 shall be notified to the secretariat, no later
than the time of the transfer or addition.
8. (a) Any Parties which are Member States of a regional economic integration
organization as defined in Article 1(6) of the Convention may agree that
they shall jointly fulfil their obligations respecting consumption under this Article
provided that their total combined calculated level of consumption does not
exceed the levels required by this Article.
(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.
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 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 from 1986 levels should be undertaken and, if so, what
Vol. 1522, 1-26369
1989_____United Nations — Treaty Series • Nations Unies — Recueil des Traités 33
the scope, amount and timing of any such adjustments and reductions should
(b) (c) twothirds
(d) 10. (a) Pro
tocol (b) Article 3. CALCULATION OF CONTROL LEVELS
(a) (b) mutatis mutandis, (a); (c) accord
ance (a) (b). cal
culating Article 4. CONTROL OF TRADE WITH NON-PARTIES
1989 United - Trait~s 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.
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 twothirds
majority vote of the Parties present and voting representing at least fifty per
cent of the total consumption of the controlled substances of the Parties.
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.
IO. (a) 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:
(i) Whether any substances, and if so which, should be added to or removed from
any annex to this Protocol; and
(ii) The mechanism, scope and timing of the control measures that should apply to
those substances.
(b) Any such decision shall become effective, provided that it has been
accepted by a two-thirds majority vote of the Parties present and voting.
11. Notwithstanding the provisions contained in this Article, Parties may
take more stringent measures than those required by this Article.
For the purposes of Articles 2 and 5, each Party shall, for each Group of
substances in Annex A, 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; and
(ii) Adding together, for each such Group, the resulting figures;
Imports and exports, respectively, by following, 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.
CONTROL OF TRADE WITH NON-PARTIES
1. Within one year of the entry into force of this Protocol, each Party shall
ban the import of controlled substances from any State not party to this Protocol.
Vol. 1522, 1-26369
34 — • — Traités 1989
I 10 tech
nology con
trolled other
wise Article 5. SPECIAL SITUATION OF DEVELOPING COUNTRIES
of 0.3 1522. United Nations -- Treaty Series Nations Unies - Recueil des Trait~s 2. Beginning on 1 January 1993, no Party operating under paragraph 1 of
Article 5 may export any controlled substance to any State not party to this
Protocol.
3. Within three years of the date of the entry into force of this Protocol, the
Parties shall, following the procedures in Article 10 of the Convention, elaborate
in an annex a list of products containing controlled substances. 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. Within five years of the entry into force of this Protocol, 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. If determined feasible, the Parties shall, following the procedures in
Article l 0 of the Convention, elaborate in an annex a list of such products. Parties
that have not objected to it 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 shall discourage the export, to any State not party to this
Protocol, of technology for producing and for utilizing controlled substances.
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.
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.
8. Notwithstanding the provisions of this Article, imports referred to in
paragraphs 1, 3 and 4 may be permitted from 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 and this Article, and has submitted data to that effect as specified in
Article 7.
1. Any Party that is a developing country and whose annual calculated level
of consumption of the controlled substances 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
within ten years of the date of entry into force of the Protocol shall, in order to
meet its basic domestic needs, be entitled to delay its compliance with the control
measures set out in paragraphs 1 to 4 of Article 2 by ten years after that specified
in those paragraphs. However, such Party shall not exceed an annual calculated
level of consumption of 0.3 kilograms per capita. Any such Party shall be entitled
to use either the average of its annual calculated level of consumption for the
period 1995 to 1997 inclusive or a calculated level of consumption of0.3 kilograms
per capita, whichever is the lower, as the basis for its compliance with the control
measures.
Vol. 1522, 1-26369
1989 United Nations — Treaty Series • Nations Unies — Recueil des Traités Par
ties sub
stitute Article 6. ASSESSMENT AND REVIEW OF CONTROL MEASURES
Article 7. REPORTING OF DATA
1. be
coming ap
proved re
spectively, Article 8. NON-COMPLIANCE
Article 9. RESEARCH, DEVELOPMENT, PUBLIC AWARENESS
AND EXCHANGE OF INFORMATION
reg
ulations devel
oping (a) (b) (c) 1522,1--Treaty e - Trait~s 35
2. The Parties undertake to facilitate access to environmentally safe
alternative substances and technology for Parties that are developing countries
and assist them to make expeditious use of such alternatives.
3. The Parties undertake to facilitate bilaterally or multilaterally the
provision of subsidies, aid, credits, guarantees or insurance programmes to Parties
that are developing countries for the use of alternative technology and for substitute
products.
Beginning in 1990, and at least every four years thereafter, the Parties shall
assess the control measures provided for in Article 2 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.
REPORTING OF DATA
I. 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 for the year 1986, or the best possible estimates of such
data where actual data are not available.
2. Each Party shall provide statistical data to the secretariat on its annual
production (with separate data on amounts destroyed by technologies to be approved
by the Parties), imports, and exports to Parties and non-Parties, respectively,
of such substances for the year during which it becomes a Party and
for each year thereafter. It shall forward the data no later than nine months after
the end of the year to which the data relate.
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.
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
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
Vol. 1522, 1-26369
36_______United — — Recueil Traités 1989
Article 10. TECHNICAL ASSISTANCE
Con
vention, sec
retariat Article 11. MEETINGS OF THE PARTIES
Con
ference Par
ties (a) (b) (d) (e) (a) (b) 9 Ar
ticle Vol. 1522. 1-26369
36 United Nations - Treaty Series • Nations Unies -Recueil des Trait~s 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.
TECHNICAL ASSISTANCE
1. The Parties shall, in the context of the provisions of Article 4 of the Convention,
and taking into account in particular the needs of developing countries,
co-operate in promoting technical assistance to facilitate participation in and
implementation of this Protocol.
2. Any Party or Signatory to this Protocol may submit a request to the secretariat
for technical assistance for the purposes of implementing or participating
in the Protocol.
3. The Parties, at their first meeting, shall begin deliberations on the means
of fulfilling the obligations set out in Article 9, and paragraphs 1 and 2 of this
Article, including the preparation of workplans. Such workplans shall pay special
attention to the needs and circumstances of the developing countries. States and
regional economic integration organizations not party to the Protocol should be
encouraged to participate in activities specified in such workplans.
IH. 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:
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;
() Consider and approve the procedures and institutional mechanisms specified
in Article 8; and
(e) Begin preparation of workplans pursuant to paragraph 3 of Article 10.
4. The functions of the meetings of the Parties shall be to:
Review the implementation of this Protocol;
(b) Decide on any adjustments or reductions referred to in paragraph of Article
2;
Vol. 1522, 1-26369
1989 United Nations — Treaty Series • Nations Unies — Recueil des Traités 37
(d) infor
mation (e) (/) (c) (g) (h) (/) (/) Article 12. SECRETARIAT
(a) 11 ;
(b) (d) 10 (e) (f) subparagraphs
(d) (g) 26369
- e Trait~s (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;
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;
(j) Review reports prepared by the secretariat pursuant to subparagraph of
Article 12;
(g) Assess, in accordance with Article 6, the control measures provided for in
Article 2;
(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.
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 IO 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;
j) 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.
Vol. 1522, 1-26369
38_______United Nations — Treaty Series • Nations Unies — Recueil des Traités Article 13. FINANCIAL PROVISIONS
Article 14. RELATIONSHIP OF THIS PROTOCOL TO THE CONVENTION
Con
vention Article 15. SIGNATURE
Article 16. ENTRY INTO FORCE
1. consump
tion re
gional Article 17. PARTIES JOINING AFTER ENTRY INTO FORCE
Arti
cle Article 18. RESERVATIONS
Article 19. WITHDRAWAL
Con
vention 1522. 26369
38 United - Trait~s 1989
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.
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.
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.
ENTRY INTO FORCE
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.
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 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.
RESERVATIONS
No reservations may be made to this Protocol.
WITHDRAWAL
For the purposes of this Protocol, the provisions of Article 19 of the Convention
relating to withdrawal shall apply, except with respect to Parties referred
to in paragraph 1 of Article 5. Any such Party may withdraw from this Protocol by
Vol. 1522, 1-26369
— • — Traités giving written notification to the Depositary at any time after four years of
assuming the obligations specified in paragraphs to 4 of Article 2. Any such
Article 20. [For the signatures, see p. 76 of this volume.]
26369
1989 United Nations -- Treaty Series Nations Unies - Recueil des Trait~s 39
giving written notification to the Depositary at any time after four years of
assuming the obligations specified in paragraphs 1 to 4 of Article 2. 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.
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.
seep. Vol. 1522, 1-26369
40______United Nations — Treaty Series • Nations Unies — Recueil des Traités_____1989
ANNEX A
CONTROLLED SUBSTANCES
Croup Potential*
CFC13 (CFC-11) CF,CU (CFC-12) C,F3C13 (CFC-113) C,F4C1, 114) C2F5C1(CF BrCl C2F4Br: determined) 1
* periodically.
1 In Helsinki, 26369
40 United - - Trait~s
ANNEX A
CONTROLLED SUBSTANCES
1989
Group
Group I
Group II
Substance
CFCI, (CFC-1
CF,CI (CFC-12)
CF,C1, (CFC-113)
CFC (CFC-114
CF-CI(CFC-115)
CF,BrCI (halon-1211)
CF,Br (halon-1301)
CF,Br (halon-2402)
Ozone Depleting
Potential"
1.0
1.0
0.8
1.0
0.6
3.0
10.0
(To be determined)'
• These ozone depleting potentials are estimates based on existing knowledge and will be
reviewed and revised periodically,
'In accordance with the relevant provisions of article 11 of the Protocol, the Parties decided, at their first
meeting held in Helsinki. on 5 May 1989, to set the value for the ozone depleting potential for halon-2402 to 6.0.
Vol. 1522, 1-26369
2{a)>
U N I T E D NATIONS WMt® U N I E S
'IONS. Y 1OOI7
»F».NC. N.181.1989.TREATIES-Depositary AS CONCERNS ANNEX A
to 11 5 to N.239.1987.TREATIES-1987.
t
Attention: Treaty Services of Ministries of Foreign Affairs and of
UNITED NATIONS NATIONS UNIES
(XXVII.2(a))
POSTAL ADORESS-- AOFSSE DO'ALE UNI1EO NATIONS. N. Y 10Ot
CABLE AOD#SSADREESE TELEGRAPHIQU UNATIONS N#WY0ORK
«sore C.N.181.1989.TREATIES-9 (Depositary Notification)
MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE
THE OZONE LAYER
CONCLUDED AT MONTREAL ON 16 SEPTEMBER 1987
DECISION OF THE FIRST MEETING OF THE PARTIES
AS CONCERNS ANNEX A
The Secretary-General of the United Nations, acting in his
capacity as depositary, recalls that the value for the Ozone
depleting potential for halon-2402 was not determined at the time of
the adoption of the Protocol, and that in Annex A to the Protocol
the comment "to be determined" was inserted opposite the name of
that product.
In that connection, the Secretary-General communicates:
In accordance with the relevant provisions of article ll of
the Protocol, the Parties decided, at their First Meeting held in
Helsinki, on 5 May 1989, to set the value for the 02 depleting
potential for halon-2402 to 6.0.
The figure "6.0" is therefore to replace the words "to be
determined" in the said Annex A to the Protocol.
Relevant indications to the effect of the above will be
inserted in the original. Moreover the corresponding corrections
should be effected in the certified true copies of the Protocol
circulated under cover of depositary notification
C.N.239.1987.TREATIES-1 of 27 October 1987.
28 August 1989
international organizations concerned
1991 * Traitis No. MONTREAL PROTOCOL SUBSTANCES OZONE LAYER. CONCLUDED AT
MONTREAL ON SEPTEMBER 1987'
ENTRY INTO FORCE of adjustments to the
above-mentioned Protocol2
They came into force for all Parties March i.e., six months from September on which they circulated
by the Secretary-General, accordance
with article 2 (9) of the Protocol.
Chinese, English, I vol. 1522, p. 3, and
annex A in volumes 1522, 1523, 1525, 1527, 1530, 1535,
1543, 1546, 1547, 1548, 1551, 1552, 1555, 1557,
1562, 1564, 1568, 1596.
No MONTREAL
A A MONTRtAL
1987'
ENTRtE susmentionn62
t6 A r6union ht entr6s Parties
A compter de
A t6 communiqu6s Secrdtaire gdn6ral,
conform6ment A l'alin6a d I'article ajustements:
chinois, f rangais, Enregistr. 1 Nations Unies, des Trait~s, vol. 1522, p. 3, et
annexe A des volumes 1522, 1523, 1525, 1527, 1530, 1535,
1590 et 1596.
Vol. 1598, A-26369
United Nations - Treaty Series • Nations Unies - Recueil des Trait~s 469
No. 26369. MONTREAL PROTOCOL ON
SUBSTANCES THAT DEPLETE THE
OZONE LAYER. CONCLUDED AT
MONTREAL ON 16 SEPTEMBER 1987
ENTRY INTO FORCE of adjustments to the
above-mentioned Protocol?
The adjustments were adopted on 29 June
1990 at the Second Meeting of the Parties,
which was held in London from 27 to 29 June
1990. They came into force for all Parties on
7 March 1991, i.e., six months from the date
(7 September 1990) on which they were circulated
by the Secretary-General, in accordance
with article 2 (9) (d) of the Protocol.
Authentic texts of the adjustments: Arabic,
Chinese, English, French, Russian and
Spanish.
Registered ex officio on 7 March 1991.
1 United Nations, Treaty Series, 1540, 1541, 1562, 1564, 1568, 1570, 1573, 1576, 1578, 1579, 1580, 1583,
1590 and N· 26369. PROTOCOLE DE MONTR~AL
RELATIF A DES SUBSTANCES QUI
APPAUVRISSENT LA COUCHE
D'OZONE. CONCLU ~ MONTR~AL
LE 16 SEPTEMBRE 19871
ENTR~E EN VIGUEUR d'ajustements au
Protocole susmentionn~
Les ajustements ont ~t~ adopt~s le 29 juin
1990 2 la deuxi~me r~union des Parties, qui
s'est tenue a Londres du 27 au 29 juin 1990.
Ils sont entr~s en vigueur pour toutes les Parties
le 7 mars 1991, soit six mois a compterde
la date (7 septembre 1990) ~ laquelle ils ont
~t~ communiqu~s par le Secr~taire g~n~ral,
conform~ment~ l'alin~a du paragraphe 9 de
!'article 2 du Protocole.
Textes authentiques des ajustements :
arabe, chinois, anglais, fran~ais, russe et
espagnol.
Enregistr~ d'office le 7 mars 1991.
' Recueil s, p. 3, 1540, 1541, 1543, 1546, 1547, 1548, 1551, 1552, 1555, 1557,
1562, 1564, 1568, 1570, 1573, 1576, 1578, 1579, 1580, 1583,
476 United Nations - Treaty Series * Nations Unies - Recueil des Traitks 1991
Adjustments to the Montreal Protocol on Substances
6 of the
controlled
(a) Article (b) 1 2" shall be
(c) The reference in 5 of Article 2 to 1, 3 and 4" shall be interpreted
1 1 of Article 2A, which
2 shall be the
2. 1 1 twelvemonth
1 December
3. 1 consumption
1986. 1 4. 1 consumption
1986. 5. 1 consumption
1 'United Nations, Treaty Series, vol. 1522, p. 3.
Vol. 1598. A-26369
• --- Trait~s 1991
Adjustments to the Montreal Protocol on Substances
that Deplete the Ozone Layer'
The Second Meeting of the Parties to the Montreal Protocol on Substances that Deplete
the Ozone Layer decides, on the basis of assessments made pursuant to Article 6 of the
Protocol, to adopt adjustments and reductions of production and consumption of the controlled
substances in Annex A to the Protocol, as follows, with the understanding that:
References in Article 2 to "this Article" and throughout the Protocol to "Article 2"
shall be interpreted as references to Articles 2, 2A and 2B;
References throughout the Protocol to "paragraphs I to 4 of Article 2" shall be
interpreted as references to Articles 2A and 2B; and
(c) The reference in paragraph 5 of Article 2 to "paragraphs I, 3 and 4" shall be interpreted
as a reference to Article 2A.
A. Article 2A: CFCs
Paragraph I of Article 2 of the Protocol shall become paragraph I of Article 2A, which
shall be entitled "Article 2A: CFCs". Paragraphs 3 and 4 of Article 2 shall be replaced by the
following paragraphs, which shall be numbered paragraphs 2 to 6 of Article 2A:
"2. Each Party shall ensure that for the period from I 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 I January 1993, the twelvemonth
control period for these controlled substances shall run from I January to 31 December
each year.
"3. Each Party shall ensure that for the twelve-month period commencing on
l January 1995, 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,
fifty per cent of its calculated level of consumption in I 986. Each Party producing one or
more of these substances shall, for the same periods, ensure that its calculated level of
production of the substances does not exceed, annually, fifty per cent of its calculated
level of production in 1986. However, in order to satisfy the basic domestic needs of the
Parties operating under paragraph l 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
l January 1997, and in each twelve-month period thereafter, its calculated level of consumption
of the controlled substances in Group I of Annex A does not exceed, annually,
fifteen per cent of its calculated level of consumption in I 986. Each Party producing one
or more of these substances shall, for the same periods, ensure that its calculated level of
production of the substances does not exceed, annually, fifteen per cent of its calculated
level of production in 1986. However, in order to satisfy the basic domestic needs of the
Parties operating under paragraph I of Article 5, its calculated level of production may
exceed that limit by up to ten per cent of its calculated level of production in 1986.
"5. Each Party shall ensure that for the twelve-month period commencing on
l January 2000, and in each twelve-month period thereafter, its calculated level of consumption
of the controlled substances in Group I of Annex A does not exceed zero.
Each Party producing one or more of these substances shall, for the same periods,
ensure that its calculated level of production of the substances does not exceed zero.
However, in order to satisfy the basic domestic needs of the Parties operating under
paragraph l 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.
1 United 1598,
1991 United Nations - Treaty Series * Nations Unies - Recueil des Traitis 477
"6. In 1992, the Parties will review the situation with the objective of accelerating
the reduction schedule."
B. Article 2B: Halons
Paragraph 2 of Article 2 of the Protocol shall be replaced by the following paragraphs,
which shall be numbered paragraphs 1 to 4 of Article 2B:
"Article 2B: Halons
"1. Each Party shall ensure that for 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 1995, and in each twelve-month period thereafter, its calculated level of consumption
of the controlled substances in Group II of Annex A does not exceed, annually,
fifty per cent of its calculated level of consumption in 1986. Each Party producing one or
more of these substances shall, for the same periods, ensure that its calculated level of
production of the substances does not exceed, annually, fifty per cent of its calculated
level of production in 1986. However, in order to satisfy the basic domestic needs of the
Parties operating under paragraph I of Article 5, its calculated level of production may
exceed that limit by up to ten per cent of its calculated level of production in 1986. This
paragraph will apply save to the extent that the Parties decide to permit the level of
production or consumption that is necessary to satisfy essential uses for which no adequate
alternatives are available.
"3. Each Party shall ensure that for the twelve-month period commencing on
1 January 2000, and in each twelve-month period thereafter, its calculated level of consumption
of the controlled substances in Group II of Annex A does not exceed zero.
Each Party producing one or more of these substances shall, for the same periods,
ensure that its calculated level of production of the substances does not exceed zero.
However, in order to satisfy the basic domestic needs of 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 essential uses for which no adequate alternatives are
available.
"4. By I January 1993, the Parties shall adopt a decision identifying essential uses,
if any, for the purposes of paragraphs 2 and 3 of this Article. Such decision shall be
reviewed by the Parties at their subsequent meetings."
Vol. 1598, A-26369
1991 United Nations -Treaty Series • Nations Unies -- Recueil des Trait~s 477
"6. In 1992, the Parties will review the situation with the objective of accelerating
the reduction schedule."
B. Article 2B: Halons
Paragraph 2 of Article 2 of the Protocol shall be replaced by the following paragraphs,
which shall be numbered paragraphs l to 4 of Article 2B:
"Article 2B: Halons
"1. Each Party shall ensure that for twelve-month period commencing on l 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 l 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
l January 1995, and in each twelve-month period thereafter, its calculated level of consumption
of the controlled substances in Group II of Annex A does not exceed, annually,
fifty per cent of its calculated level of consumption in 1986. Each Party producing one or
more of these substances shall, for the same periods, ensure that its calculated level of
production of the substances does not exceed, annually, fifty per cent of its calculated
level of production in 1986. However, in order to satisfy the basic domestic needs of the
Parties operating under paragraph I of Article 5, its calculated level of production may
exceed that limit by up to ten per cent of its calculated level of production in 1986. This
paragraph will apply save to the extent that the Parties decide to permit the level of
production or consumption that is necessary to satisfy essential uses for which no adequate
alternatives are available.
"3. Each Party shall ensure that for the twelve-month period commencing on
l January 2000, and in each twelve-month period thereafter, its calculated level of consumption
of the controlled substances in Group II of Annex A does not exceed zero.
Each Party producing one or more of these substances shall, for the same periods,
ensure that its calculated level of production of the substances does not exceed zero.
However, in order to satisfy the basic domestic needs of the Parties operating under
paragraph I of Article 5, its calculated level of production may exceed that limit by up to
fifteen per cent of its calculated level of production in 1986. This paragraph will apply
save to the extent that the Parties decide to permit the level of production or consumption
that is necessary to satisfy essential uses for which no adequate alternatives are
available.
"4. By I January 1993, the Parties shall adopt a decision identifying essential uses,
if any, for the purposes of paragraphs 2 and 3 of this Article. Such decision shall be
reviewed by the Parties at their subsequent meetings."
Vol. 1598, A-26369
1992 United Nations - Treaty Series * Nations Unies - Recueil des Traitks 315
MONTREAL PROTOCOL ON
OZONE LAYER. CONCLUDED AT
MONTREAL ON 16 SEPTEMBER 10 I 1-26369,
1676, 1678, 1679 1681.
No MONTRtAL
A A MONTRPAL
16 19871
ADHtSION
diposi le:
10 aoit ET-NEVIS
ENTRt de l'amendement susmentionn6
I'Amendement:
fran~ais, Enregistr aoat I Nations Unies, Recueji Traitds, vol. n- 26369, et annexe des volumes 1540,1541, 1543, 1546,1547, 1548, 1551,
1580. et Vol. 1684, A-26369
• Trait~s No. 26369. MONTREALPROTOCOLON
SUBSTANCES THAT DEPLETE THE
OZONE LAYER. CONCLUDED AT
MONTREAL ON 16 SEPTEMBER 19871
ACCESSION
Instrument deposited on:
JO August 1992
SAINT KITTS AND NEVIS
(With effect from 8 November 1992.)
ENTRY INTO FORCE of the amendment to
the above-mentioned Protocol
Authentic texts of the Amendment: Chinese,
English, French, Russian and Spanish.
Registered ex officio on 10 August 1992.
1 United Nations, Treaty Series, vol. 1522, No. I-26369,
and annex A in volumes 1522, 1523, 1525, 1527, 1530, 1535,
1540, 1541, 1543, 1546, 1547, 1548, 1551, 1552, 1555, 1557,
1562, 1564, 1568, 1570, 1573, 1576, 1578, 1579, 1580, 1583,
1590; 1596, 1598, 1642, 1644, 1650, 1656, 1658, 1667, 1675,
I 676, I 679 and I 68 I.
N· 26369. PROTOCOLE DE MONTR~
AL RELATIF ~ DES SUBSTANCES
QUI APPAUVRISSENT LA COUCHE
D'OZONE. CONCLU ~ MONTR~AL
LE I6 SEPTEMBRE ADH~SION
Instrument d~pos~ le :
IO aofit 1992
SAINT-KITTS-ET-NEVIS
(Avec effet au 8 novembre 1992.)
ENTR~ EN VIGUEUR del'amendement au
Protocole susmentionn~
Textes authentiques de l'Amendement:
arabe, chinois, anglais, francais, russe et
espagnol.
Enregistr~ d'office le 10 aot 1992.
' Nations Unies, Recueil des Trait~s, vol. 1522,
n9 1-26369, et annexe A des volumes 1522, 1523, 1525,
1527, 1530, 1535, 1540, 1541, 1543, 1546, 1547, 1548, 1551,
1552, 1555, 1557, 1562, 1564, 1568, 1570, 1573, 1576, 1578,
1579, 1580, 1583, 1590, 1596, 1598, 1642, 1644, 1650, 1656,
1658, 1667, 1675, 1676, 1678, 1679 et 1681.
1992 United Nations - Treaty Series * Nations Unies - Recueil des Traitks 351
AMENDMENT' TO THE MONTREAL PROTOCOL ON SUBSTANCES
THAT DEPLETE THE OZONE LAYER2
ARTICLE 1: AEDMIUW
A. Preambular Paragraphs
1. The 6th presmbular paragraph of the Protocol shall be replaced by the
following:
Determined to protect the ozone layer by taking precautionary
raaures to control equitably total global emissionm of subatances
I The amendment was adopted at the Second Meeting of the Parties held at London on 29 June 1990. It came into
force on 10 August 1992, i.e., the ninetieth day following the date on which the twentieth instrument of ratification,
acceptance or approval had been deposited by States or regional economic integration organizations which are Parties
to the above-mentioned Protocol, in accordance with article 2 (1) of the Amendment:
Date ofdeposit
of the instrument
of ratilfication,
acceptance (A).
approval (AA)
or accesson(a)
Canada ................................. 5 July 1990A
Chile ..................................... 9 April 1992 A
China .................................... 14 June 1991 a
Denmark .............................. 20 December 1991 A
(Decision reserved as to
the application to the
Faeroe Islands.)
European Economic
Community* ................... 20 December 1991 AA
Finland ................................. 20 December 1991 A
France .................................. 12 February 1992AA
Germany .............................. 27 December 1991
Ireland .................................. 20 December 1991 A
Italy ...................................... 21 February 1992 AA
Japan** ................................ 4 September 1991 A
M aldives .............................. 31 July 1991
Mexico ................................. I IOctober 1991 A
Date of deposit
of the instrument
of ratfication,
acceptance (A),
approval (AA)
Participant or accession (a)
Netherlands ......................... 20 December 1991 A
(For the Kingdom in
Europe.)
New Zealand ....................... 1 October 1990A
Norway ................................ 18 November 1991
Russian Federation ............ 13 January 1992 A
South Africa ........................ 12 May 1992A
Sweden ................................ 2 August 1991
United Kingdom of Great
Britain and Northern
Ireland .............................. 20 December 1991
(In respect of the United
Kingdom of Great
Britain and Northern
Ireland and Gibraltar.)
United States of America.. 18 December 1991
In addition, and prior to the entry into force of the amendment, the following States also deposited an instrument
of ratification, acceptance (A) or accession (a):
Spain ................1.9. M. .ay. ......1.99.2. A. ....G. uinea ...............2.5 .J.u.n.e ......19.9.2. a.....
(With effect from (With effect from
17 August 1992.) 23 September 1992.)
Luxembourg ..........2.0. M..a.y. .....1.99.2 Thailand ..............25. .Ju.n.e. .....1.9.9.2....
(With effect from (With effect from
18 August 1992.) 23 September 1992.)
Cameroon .............8. .Ju.n.e. .....1.9.92. .a. Indonesia .............2.6 .J.un.e. ......19.9.2...
(With effect from (With effect from
6 September 1992.) 24 September 1992.)
India .................19. J.u.n.e. .....1.99.2. .a .....Is.r ael ................3.0 .Ju.n.e. ......19.9.2.......
(With effect from (With effect from
17 September 1992.) 28 September 1992.)
* In accordance with article 2 (2) of the amendment, the instrument deposited "... by a regional economic
integration organization shall not be counted as additional to those deposited by member States of such organization."
** For the text of the declaration made upon acceptance, see p. 412 of this volume.
2 See p. 315 of this volume.
Vol 1684A, -26369
Participant
1992 United Nations - Treaty Series • Nations Unies Recueii des Trait~s
AMENDMENT! TO THE MONTREAL PROTOCOL ON SUBSTANCES
THAT DEPLETE THE OZONE LAYER?
ARTICLE 1: AMENDMMTT
A. Prbulr parrepha
351
l. The 6th preambuler paragraph of the Protocol shall be replaced by the
following:
peterined to protect the ozone lerer by taking precautionary
measures to control equitably total globel «mieeions of substances
1 The amendment was adopted at the Second Meeting of the Parties held at London on 29 June 1990. It came into
force on 10 August 1992, i.e., the ninetieth day following the date on which the twentieth instrument of ratification,
acceptance or approval had been deposited by States or regional economic integration organizations which are Parties
to the above-mentioned Protocol, in accordance with article 2 (I) of the Amendment:
Participant
Date of depos
of the instrument
of ratification,
acceptance (A),
approval (AA)
or accession(a) Parucipant
Date of deposit
of the instrument
of ratification,
acceptance (A),
approval (AA)
or accession (a)
Canada................................. 5 July
Chile..................................... 9 April
China 14 June
Denmark 20 December
(Decision reserved as to
the application to the
Faeroe Islands.)
European Economic
Community................... 20 December 1991 AA
Finland 20 December 1991 A
France 12 February 1992 AA
Germany 27 December I 99 I
Ireland 20 December 1991 A
Italy 21 February 1992 AA
Japan**................................ 4 September 1991 A
Maldives 31 July 1991
Mexico 11 October 1991 A
Netherlands 20 December 1991A
(For the Kingdom in
Europe.)
New Zealand I October 1990A
Norway 18 November 1991
Russian Federation 13 January 1992A
South Africa 12 May 1992A
Sweden 2August 1991
United Kingdom of Great
Britain and Northern
Ireland 20 December 1991
(In respect of the United
Kingdom of Great
Britain and Northern
Ireland and Gibraltar.)
United States of America .. 18 December 1991
1990A
1992A
1991 a
1991A
In addition, and prior to the entry into force of the amendment. the following States also deposited an instrument
of ratification, acceptance (A) or accession (a):
Spain 19 May 1992 A Guinea 25 June 1992 a
(With effect from (With effect from
17 August 1992.) 23 September 1992.)
Luxembourg 20 May 1992 Thailand 25 June 1992
(With effect from (With effect from
18 August 1992.) 23 September 1992.)
Cameroon............................ 8 June I 992 a Indonesia 26 June 1992
(With effect from (With effect from
6 September 1992.) 24 September 1992.)
India 19 June 1992 a Israel 30 June 1992
(With effect from (With effect from
17 September 1992.) 28 September 1992.)
In accordance with article 2 (2) of the amendment, the instrument deposited "... by a regional economic
integration organization shall not be counted as additional to those deposited by member States of such organization."
For the text of the declaration made upon acceptance, see p. 412 of this volume.
2 See p. 315 of ths volume.
Vol 1684, A-26369
352 United Nations - Treaty Series * Nations Unies - Recueil des Traitis 199,
that deplete it. with the ultimate objective of their elimination on
the basis of developments in scientific knowledge. taking into
account technical and economic considerations and bearing In mind
the developmental needs of developing countries,
2. The 7th preambular paragraph of the Protocol shall be replaced by the
following:
Acknowledging that special provision is required to met the nees
of developing countries. including the provision of additional
financial resources and access to relevant technologies. bearing in
mind that the magnitude of funds necessary is predictable, and the
funds can be expected to make a substantial difference in the
world's ability to address the scientifically established problem of
ozone depletion ad its harmful effects.
3. The 9th preambular paragraph of the Protocol shall be replaced by the
folloving:
Considerint the importance of promoting international co-operation
in the research, development and transfer of alternative
technologies relating to the control and reduction of emissions of
substances that deplete the ozone layer, bearing in mind In
particular the needs of developing countries.
B. Article 1: Definitions
1. Paragraph 4 of Article 1 of the Protocol shall be replaced by the
following paragraph:
4. "Controlled substance* means a substance in Annex A or in Annex
8 to this Protocol. whether existing alone or in a mixture. It
includes the isomers of any such substance, except as specified in
the relevant Annex, but excludes any controlled substance or mixture
which Is in a manufactured product other than a container used for
the transportation or storage of that substance.
2. Paragraph 5 of Article 1 of the Protocol shall be replaced by the
following paragraph:
5. "Production" means the amount of controlled substances
produced, minus the amount destroyed by technologies to be approved
by the Parties and minus the amount entirely used as feedstock in
the manufacture of other chemicals. The amount recycled and reused
is not to be considered as "production".
3. The following paragraph shall be added to Article 1 of the Protocol:
9. -Transitional substance" means a substance In Annex C to this
Protocol. whether existing alone or in a mi3ture. It includes the
isomers of any such substance, except as may be specified in Annex
C. but excludes any transitional substance or mixture which is in a
manufactured product other than a container used for the
transportation or storage of that substance.
Vol. 1684, A-26369
352 United Nations - Treaty Series • Nations Unies Recueil des Trait~s 1992
that deplete it, with the ultimate objective of their elimination on
the beeis ef developments in scientific knowledge, taking into
account technical and economic consideretions and bearing in mind
the developmentsl needs of developing countries%,
2. The 7th preambuler peragreph of the Protocol shall be replaced by the
following:
Acanoniedins thet speciel proviaion is required to meet the needs
of developing countries, including the provision of additionel
financiel resources end acceae to relevant technologies, bearings in
mind that tha magnitude of funds necessary is predictsble, and the
funde can be expected to make substantial differences in tha
worlds obility to addraas the·sclantifleally astabiished problem of
ozons depletion and its harmful effects,
3. Tha 9th preambuler peregraph of the Protocol shall be replaced by the
following:
Considering the importance of promoting internationel co-operation
in the reasorch, development and transfer of alternative
technologies releting to the control and reduction of emissions of
substances that deplete the ozone layer, bearing in mind in
particular the needs of daveloping countries,
B. Article I; Definition4
I. Paragraph 4 of Artiela l of the Protocol shall be repleced by tha
following paregreph:
4. Controlled substance" means a substance in Annex A or in Annex
B to thia Protocol, vhether axdating elone or in e mixture. It
includes the aomera of any such substance, excopt as specified in
th relevent Annex, but excludes any controlled substance or mixture
which ia In a manufactured product otter than a container used for
the transportstion or storage of that substance.
2. Paragraph 5 of Article l of the Protocol shail be replaced by the
following paragraph:
5. "Production" means the amount of controlled substances
produced, minus the amount destroyed by tachologies to be approved
by the Parties and minus the amount antirely used as feedstock in
the manufacture of other chemicals. 1he amount recycled and reused
is not to be considered as "production".
3. The following paragraph shail be eddad to Article l of the Protocol:
9. Transitional substance" means a substance in Annex C to this
Protocol, whether existing alone or in e mixture. It includes the
isomers of any such subatenee, except as may be specified in Annex
C, but excludes any transitional substance or mixture which is in «
manufactured product other than s container used for the
transportation or storage of thst subetance.
Vol. 1684, A-26369
1992 United Nations - Treaty Series e Nations Unies - Recueil des Traitks 353
C. Article 2. vararaph S
Paragraph 5 of Article 2 of the Protocol shall be replaced by the
following paragraph:
5. Any Party may. for any one or more control periods. transfer to
another Party any portion of its calculated Level of production set
out in Articles 2A to 2E. provided that the total combined
calculated levels of production of the Parties concerned for any
group of controlled subatances do not exceed the production Limits
set out in those Articles for that Sroup. 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 in to apply.
D. Article 2. paraeraph 6
The following words shall be inserted In paragraph 6 of Article 2 before
the words -controlled substances" the first tim they occur:
Annex A or Annex B
E. Article 2. Paragraph 8 (a)
The following words shall be added after the words -this Article"
wherever they appear in paragraph 8 (a) of Article 2 of the Protocol:
and Articles 2A to 2E
F. Article 2. Varagragh 9 (a) (I)
The following words shall be added after "Annex A" in paragraph 9 (a) (i)
of Article 2 of the Protocol:
and/or Annex a
G. Article 2. paragraph 9 (a) (ii)
The following words shall be deleted from paragraph 9 ((li) of
Article 2 of the Protocol:
from 1986 levels
H. Article 2. paragraph 9 (c)
The following words shall be deleted from paragraph 9 (c) of Article 2 of
the Protocol:
representing at least fifty per cent of the total consumption of the
controlled substances of the Parties
and replaced by:
representing a majority of the Parties operating under paragraph 1
of Article S present and voting and a majority of the Parties not operating present and voting
1684, 26369
1992 United Nations - Treaty Series • Nations Unies - Recueil des Trait~s
c. AtLeIA 2, .2A£EKE2h.5
353
Paregreph 5 of Article 2 of the Protocol shall be replaced by the
following paragraph:
• Any Party may, for any one or more control periods, transfer to
another Party sny portion of its calculated level of production sat
out in Articles 2A to 2E, provided that the total combined
calculated lavals of production of thas Parties concerned for any
group of controllad substances do not exceed tha production limits
set out in those Articles for that group. Such transfer of
production shall be notified to tha Secretariat by each·of the
Partias concerned, stating the tarm of such transfer and the period
for which it is to apply.
D. Artis]42..2A£eAreph6
The following words shall be inserted in paragraph 6 of Article 2 before
the words "controlled substances" the first time thay occur:
Annex A or Annex B
E. Article 2, porrph 8 (4)
Tha following words shall be edded aftor the words "this Article
wherever thay sppaar in paragraph 8 (s) of Article 2 of the Protocol:
and Articles 2A to 2E
r. Article2,2arrph944)(4)
The followings words shall be addad after "Annex A" in paragraph 9 (s) (i)
of Article 2 of the Protocol:
and/or Annex B
G. Article 2,parAKEaph 9 (a)(ii)
The following words shall be daleted from paragraph 9 (a) (ii) of
Article 2 of the Protocol:
from 1986 levels
H. ArticlA2, pA!AKEAph 9 (e)
Tha following words shall be delated from paragrph 9 (e) of Article 2 of
the Protocol:
reproaantins et laxst fifty par cant of tha total consumption of tha
controlled substances of the Parties
and replacad by:
representing e majority of tha Parties epereting under paragraph l
of Article 5 present and voting and a majority of the Parties not so
operating present and voting
Vol. 1684, A-26369
354 United Nations - Treaty Series 9 Nations Unies - Recueil des Traitis 1992
I. Article 2. paragravh 10 (b)
Paragraph 10 (b) of Article 2 of the Protocol shall be deleted, and
paragraph 10 (a) of Article 2 shall become paragraph 10.
J. Article 2. Paragraph 11
The folloving words shall be added after the words "this Article"
wherever they occur In paragraph 11 of Article 2 of the Protocol:
and Articles 2A to 29
K. Article 2C: Other fully halogenated CFCu
The following paragraphs shall be added to the Protocol as Article 2C:
Article 2C: Other fully halogenated CCB
1. Each Party shall ensure that for the twelve-month period
co~mincing on 1 January 1993, and In each twelve-month period
thereafter, ita 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 conumption 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, ennually, eighty per cent of it.
calculated level of production in 1989. However, in order
to satisfy the basic domestic needs of the Parties operating under
paragraph 1 of Article S. ita calculated level of production may
exceed that limit by up to ten per cent of its calculated level of
production in 1989.
2. Each Party shall ensure that for the twelve-month period
commencing on 1 January 1997. and in each twelve-month period
thereafter. its calculated level of consumption of the controlled
substances in Group I of Annex B does not exceed, annually, fifteen
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 doea 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 S, its calculated level of production may
exceed that limit by up to tan per cent of its calculated level of
production in 1989.
3. Each Party shall ensure that for the twelve-month period
come ncing on 1 January 2000, and in each twelve-month period
thereafter, its calculated level of consution 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. Homver, 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 fiftean per cent of its calculated level of production In
1989.
Vol. 1684. A-26369
354 United Nations --Treaty Series • Nations Unies - Recueil des Trait~s
I. AtLeIe 2, peEAKreph10 (b)
1992
Peregraph 10 (b) of Article 2 of tbe Protocol shall be deleted, and
paragraph lo (a) of Article 2 stall become paragraph 10.
J. A&ti&]n2,2AFAKEEph II
he following words shall ba added after the word« "this Article"
wherever thay occur in paragraph ll of Article 2 of the Protocol:
and Articles 2A to 2E
K. Article 2;: Other fully halogenated Cr€s
The followings paragraphs shall be added to tbe Protocol as Article 2C:
Article 2c: other fully helosseted crGg
1. kacb Porty stall ensure that for the twelve-month pariod
commencing on l Januery 1993, nd in each twelve-tonth period
thereafter, its clculated leval 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 thase substances shell, for tha same
periods, ensure tlat its calculated level of production of tha
substances does not exceed, annually, eighty per cent of its
caleuletod level of production in 1989. However, in ordar
to setiafy the basic domestic needs of the Parties operating under
paragraph l of Article 5, its calculated level of production may
excsed that limit by up to ten per cont of its calculated level of
production in 1989.
2. Each Party stall ensure that for the twelve-month period
commencing on l January 1997, and in tech twelve-month period
thereaftar, its calculatad leval of consumption of the controlled
substances in Group I of Annex B does not exceed, annually, fifteen
per cent of its calculated level of consumption in 1989. Each Party
producing one or more of thase substances shell, for the same
periods, ensure ttat its calculated level of production of the
subetancas does not excaed, annually, fifteen per cent of its
calculated level of production in 1989. However, in order
to satisfy the basic domestic naeds of the Partias oparating under
persgraph l of Article 5, its calculated level of production may
excsed ttat limit by up to ten per cant of its calculated laval of
production in 1989,
3. Each Party stall ensure that for tbe twelve-month pariod
commencing on l January 2000, and in each twelve-month period
theraaftor, its calculated level of consumption of ths controlled
aubstancss in Group I of Annex B doee not exceed zero. Each Party
producing ans or morn of these substances shall, for tha same
pariods, ansurs that its calculated level of production af the
substancas doas not exceod zero. However, in order to satisfy the
basic domestic nseds of the Perties operating under paragraph l of
Article 5, its calculatsd lavel of production may «xcssd that limit
by up to fifteen par cent of its calculated level of production in
1989.
Vol. 1684, A-26369
e - Traitks
Article 2D: Carbon tetrachloride
to the Protocol as Article 2D:
Article 2D: Carbon tetrachloride
Each Party shall ensure that for the twelve-month period
couMancing 1 January 1995. and In each twelve-month period
its calculated level of consumption of the controlled
I of 8 does not exceed, annually. fifteem
calculated in 1989. Each Par--y
substance shall. for the same periods, ensure that itcalculated
of the substance does not exceed,
annually, fifteen of Its calculated level production Iz
However. in order to satisfy the basic domestic needs of the
operating under paragraph 1 of Article 5, its calculated
that limit by up to ten per cent of
its calculated in Each Party shall ensure that for the twelve-month period
1 2000, and in each twelve-month period
calculated consumption of the controlled
I B does not exceed zero. Each Party
shall, same ensure that 4j
does not exceed
However, in order to satisfy the basic domestic needs of th-w
1 .evel H. Article 2E: 1.1.1-trichloroethane (methyl chloroform
The paragraphs shall be added to the Protocol as Article 2E:
Article 2E: 1.1.1-trichloroethane (methyl chloroform)
1. Each Party shall ensure that for the twelvemonth period
commencing on 1 January 1993. and in period
calculated level of consumption of controlled
in Group III of Annex B does not exceed, annually, its
of consumption in Each producing the
shall, for that its calculated
of production of substance does not exceed, annually, its
production In 1989. in order to
satisfy basic of the Parties operating under
paragraph 1 5. production ton of its level production in 1989.
Each the com encing 1 period
calculated of the controlled
Annex B does exceed, annually, seventy
cent of of consumption in 1989. Each Party
producing substance shall. for periods, ensure that its
calculated level of production of substance does not exceed.
cant its level of consumption in
1989. However, in to satisfy the basic domestic needs of the
1992 United Nations - Treaty Series • Nations Unies -- Recueil des Trait~s 355
L. Article2D: Carbon tetrachloride
The following paragraphs shall be added to the Protocol as Article 2D:
Article2D: Cerbon tetrachloride
i. Each Party shall ensure that for the twelve-month period
commencing on I January 1995, and in each twelve-month period
thereafter, its calculated level of consumption of the controlled
substance in Group II of Annex B doee not excaed, annually, fifteen
per cent of its calculeted level of consumption in 1989. Eech Parzy
producing the substance shall, for the same periods, ensure that its
calculated level of production of the substance doea not exceed,
annuelly, fiftean per cent of Its calculated level of production ir
1989. However, in order to setisfy the besic domestic needs of tba
Parties opereting under per@graph I of Article 5, its celculated
level of production may exceed that limit by up to ten per cent of
celeulated level of production in 1989.
2. Each Perty shall ensure that for the twelve-month period
commencing on l January 2000, and in each twelve-month period
thereafter, its calculeted level of consumptlon of the controlled
substance in Group II of Annex B doea not exceed zero. Each Party
producing the substance shell, for the same periods, ensure that izs
calculated level of production of the substance does not exceed
zero. However, in order to setisfy the basic domestic needs of t!a
Parties operating under paragraph l of Article 5, its calculated
level of production may exceed that limit by up to fifteen per cent
of its calculated level of production in 1989.
M. Article2g: 1,I.l-trichloroethane (methyl chloroform)
Tho following paragraphs shall be added to the Protocol as Article 2E:
Article2E: 1.I.l-trichloroethane (methyl chloroforE)
I. Each Party shall ensure that for the twelves-month period
commencing on I January 1993, and in each twelve-month period
thereafter, its calculetad level of consumption of the controlled
substance in Group III of Annex B does not exceed, annually, its
calculated level of consumption in 1989. Bach Party producing tha
substance shell, for the same periods, ensure that its calculated
level of preduction of the subatance doea not exceed, annuelly, its
calculated level of production in 1989. However, in order to
set±asfy the besic domestic needs of the Parties opereting under
Paragraph I of Article 5, its calculated level of production may
exceed that limit by up to ten per cent of ite calculated levei of
production in 1989.
2. Rach Party shall ensure that for the twelve-month period
commencing on l January 1995, and in each twelve-month period
thereafter, its celculeted level of consumption of the controlled
substance in Group III of Annex 8 doas not exceed, annually, seventy
per cent of its calculated level of consumption in 1989. Eech Party
producing the substance shall, for the same perioda, ensure thet its
calculated level of production of the substance does not excaed,
annually, seventy per cent of Its calculated level of consumption in
1989. However, in order to setisfy the beslc domestic needs of the
Vol. 1684, A-26369
* - Parties operating under paragraph 1 of Article 5, level of production may exceed li.it up'to calculated level 3. Each Party shall ensure that twelve-month commencing on 1 January 2000, and each month thereafter, Its level conmption substance In Group III of per cent of its calculated level of conmption 1989. Bach producing the substance shall, the sam calculated level of production substance exceed.
annually, thirty cent of its calculated 1989. However, in order to of
Parties operating under paragraph 1 of 5. level of production may calculated of production In 1989.
A. commencing on 1 January 2005. and In each thereafter, its calculated level of conmmption controlled
substance in Group III of Annex B does not exceed zero. producing the substance shall, for the same esure Its
calculated level of production of the substance not zero. However, in order to satisfy Parties operating under paragraph 1 of Article 5, level of production My of in 5. The Parties shall review, in 1992, rapid schedule of this Article.
M. Article 3: Calculation of levels
1. The following shall be added in 3 of the
Protocol:
, 2A to 2E,
2. The following words shall be added after "Annex A" each appears
3 Annex 8
0. 4: trade with non-Parties
1. Paragraphs 1 to 5 of Article A replaced paragraphs:
1. As of I January 1990, each Party shall ban controlled substances in Annex from any party to this
Protocol.
I bis. Within one year of the date entry paragraph, each Party shall ban import of substances in B from any State party this Protocol.
2. A of I January 1993, each Party controlled substances in Annex A to any State this
Protocol.
356 United Nations - Treaty Series • Nations Unies -- Recueil des Trait~s 1992
Parties operating l its calculated
that limit by up to ten per cent of
its of production in 1989.
J. for the period
l end in ench twelve-month period
tharaaftar, its calculated lavei of consumption of the controlled
in Annex B does not exceed, annually, thirty
per cent of its celculated lavel consumption in Rach Party
for same periods, ensure that its
calculeted lavel of the does not exceed,
per level of production in
1989. Hovovar, satisfy the basic domestic needs of
Pert±es l Article 5, its calculated
exceed that limit by up to ten per cent of
its celculated level ef praduction in 1989.
4. Each Party shall ensure that for the twelve-month period
l Jenuery 2005, in twelve-month period
thereafter, consumption of the controllad
substance af Each Party
producing the substance periods, ensure that its
calculatad level does exceed
zero. However, the basic domestic needs of the
Parties operating under paragreph l its calculated
may exceed that limit by up to fifteen per cent
its calculated level of production 1n 1989.
5. The Parties the feasibility of a more
reductions than that set out in this Article.
N. 3: of control levels
I. shell edded after "Articles 2" In Article 3J of the
Protocol:
to 2E,
2. The following words shail be added sfter esch time it appeers
in Article of the Protocol:
or Annex B
Article 4: Control of tredwith non-Partis
l. Paragrephs 1 5 4 shall be by the following
paragraphs:
1. As of 1 Januery 1990, esch the import of the
A eny State not perty to this
Protocol.
1 bis. Within one of the into force of this
peregraph, each the impart the controlled
substances Annex not perty to this Protocol.
2. As of 1 Januery 1993, aach shall ban the export of any
eny Stats not party to thisProtocol.
Vol. 1684, A-26369
1992 United Nations - Treaty Series * Nations Unies - Recueil des Traitks 357
2 bis. COecing one year after the date of entry into farce of
this paragraph, each Party shall ban the export of any controlled
substances in Annex B to any State not party to this Protocol.
3. By I 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
@hall ban. within one year of the annex having become effective, the
Lmport of those products from any State not party to this Protocol.
3 bin. Within three years of the fate 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
shell 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 I 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 became effective, the iLport 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 Partlee shall determine the feasibility of
banning or restricting. from States not party to this Protocol. the
import of products produced vith. but not containing. controlled
substances In Amex 3. 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.
S. gach Party undertakes to the fullest practica.ble extent to
discourage the export to any State not party to this Protocol of
tachnology for producing and for utilizing controlled substances.
2. Paragraph S of Article 4 of the Protocol shall be replaced by the
following paragraph:
G. Notwithstanding the provisions of this Article. imports
referrd to in paragraphs 1. 1 in, 3. 3 is, 4 and 4 bis, and
exports referred to in paragraphs 2 and 2 b., may be permitted
from, or to, any State not party to this Protocol, if that State in
determined by a meting of the Parties to be in full compliance with
Article 2. Articles 2A to 2Z, and this Article and have submitted
data to that effect as specified In Article 7.
3. The following paragraph shall be added to Article 4 of the Protocol as
paragraph 9:
9. For the purposes of this Article, the term -State not to
this Protocol" shall include, with respect to a particular
Vol. 1684, A-26369
1992 United Nations Treaty Series • Nations Unies -- Recueil des Trait~s 357
2 pis. Commencing one year after tha date of entry into force of
this paragraph, each Party shall ban the export of eny controlled
substances in Annex B to any State not party to this Protocol.
3. By 1 January 1992, tha Parties shall, following tha procedures
in Article I0 of tha Convention, elaborata 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 yer of the annex having become effective, the
import of those products from any Stato not party to this Protocol.
3 pis. Within three years of the date of the entry into force of
chis paragraph, tha Parties shall, following the procedures in
Article 10 of the Convention, alsborato in an annex a list of
products containing controlled suhstances in Annax B. Parties that
have not objected to the annax 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 I January 1994, the Parties shall determine the feasibility
of banning or rastrieting, from States not party to this Protocol,
the import of products produced with, but not containing, controlled
substancee in Annex A. If determined feasible, the Parties shall,
following the procedures in Article I0 of the Convention. elaborate
in an annex e 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 sny State not party to this Protocol.
4 pi. Within five years of the dots of the entry into force of
this peregraph, tha Parries shall determine tha feasibility of
baring or restricting, fro State not party to this Protocol, the
import of products produced with, but not containing, controlled
«bstances in Annex B. If determined feasible, the Parties shall,
followings the procedurse in Article 10 of the Convention, elaborate
in an annex s List of such products. Partise that have not objected
to the arnax in accordance with those procedures shall ban or
restrict, within one yeer of the annex having become affective, the
import of these products from any Steta not perry to this Protocol.
• Rach Party undertakes to the fullest practicable extent to
discourege the export to any State not party to this Protocol of
technology for producing and for utilizing controlled substance.
2. Peragrph B of Article 4 of tha Protacol shall bs replaced by the
fol±oswing paragraph:
6. otwithstanding tha provisione of this Article, imports
referred to in paragrepha 2, I pin, 3, 3 pis, 4 and 4 pis, and
exports referred to in paragrapha 2 and 2 big, may be permitted
fros, or to, any State not perty to this Protocol, if that State is
determined by a meeting of the Perties to be in full compliance with
Article 2, Articles 2A to 2i, and this Article and have submitted
data to thet sffact as specified in Article 7.
3. The following peregrapb shall be added to Article 4 of the Protocol as
peragreph 9:
9. For the purposes of this Article, the tar State not party to
this Protocol" shail include, with respect to e pertieuler
Vol. 1684, A-26369
358 United Nations - Treaty Series * Nations Unies - Recueil des Traits 1992
controlled substance, a State or regional economic integration
orgsization that has not agreed. to be bound by the control measures
In effect for that substance.
P. Article 5: Special situation of developing countries
Article S of the Protocol shall be replaced by the following:
1. A AT Party that is a developing country and whose annual
calculated Level of consumption of the controlled substances in
Annex A is les than 0.3 kilograms per capita on the date of the
entry Into force of the Protocol for It. or any time thereafter
until I January 1999, shall in order to mest its basic domestic
needs, be entitled to delay for ten years its compliance with the
control measures set out in Articles ZA to 2Z.
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 kilogram per capita nor
an annual calculated level of congiption of the controlled
substances of Annex B of 0.2 kilograms per capita.
3. When Implementing the control measures met out in Articles 2A
to 22, any Party operating under paragraph I of this Article shall
be entitled to use:
(a) For controlled substances under Almoe A. either the
average of its annual calculated level of consumption for the period
1995 to 1997 inclusive or a calculated level of consmption of 0.3
kilogram per capita, whichever Is the lower, as the basis for
determining its compliance with the control measures.
(b) For controlled substances under Annex 3, the average of its annual calculated level of consumtion for the period 1998 to
2000 inclusive or a calculated level of consution of 0.2 kilograms
per capita, whichever is the lower, as the basis for determining its
compliance with the control measures.
4. If a Party operating under paragraph 1 of th s Article, at any
time before the control measures obligations in Articles 21 to 2B
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 eeting, and decide upon appropriate action to be taken.
5. Developing the capacity to fulfil the obligations of the
Parties operating under paragraph I of this Article to comply
with the control measures set out in Articles 21 to 21 and
their implementation by those same Parties Will depend upon the
effective implementation of the financial co-operation as provided
by Article 10 and transfer of technology as provided by Article 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 21 due to the inadequate
implemntation of Articles 10 and 10A. The Secretariat shell
forthwith transmit a copy of the notification to the Parties, which
Vol 1684, A-26369
358 United Nations Treaty Series • Nations Unies Recueil des Trait~s
controlled substance, a State or regional aconomic lntsgration
organization that bas not agreed. to be bound by the control measures
in effacet for that substance.
P. Article5: Spacial situation of dsvelcpin countries
1992
Articla 5 of tha Protocol shell ba replaced by tha following:
I. Any Party that ia a davaloping country and whose annual
calculated laval of consumption of the controllad substancss 1n
Annex A ls less than 0.3J kilograms per capita on the data of the
entry inta fores of the Protocol for lt, or any time thereaftar
until l January I999, shall in ordsr to meet lts basic domestic
needa, ba antitlad to dalay for ten years its compliance with tha
control measurss sat out in Articles 2A to 2E.
2. However, any Party operating under paragraph 1 of this Articia
shall axcoed naither an annual calculated level of consumption of
the controlled substances in Annax A of 0.3 kilograms par capita nor
an nnual calculatad level of consumption of the controlled
substances of Annex B of 0.2 kilograms per capita.
3. Whan implementing the control measures set out in Articlas 2A
to 2E, any Party opersting under paragraph l of this Article shall
be entitled to use:
(a) For controllad 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 ls the lower, as the basis for
datarmining its compliance with the control measuros;
(b) For controlled substances under Annex B, the average of
its annual calculated lavel of consumption for ths period 1998 to
2000 inclusive or s calculated level of consumption of 0.2 kilograms
per capita, hichsver is the lower, es the basis for determining its
compliance with the control measures,
4. If a Party oparating undsr paragraph l of this Articls, at any
time before tha control measuros obligations in Articles 2A to 2E
become applicable to it, finde ltself unable to obtain an adequate
supply of controlled substances, it may notify this to ths
Secreterlat. The secretariat shall forthwith transmit e copy of
sueh notification to the Partias, which shall consider the matter et
their naxt Meting, and dee±da upon approprists action to be taken.
5. Daveloping tha capacity to fulfil the obligations of the
Psrtias oparating undar paragraph l of this Article to comply
with the control measures sat out in Articles 2A to 2E and
thair implementation by those same Parties will dopend upon the
effective implementation of tha finanelal co-operation as provided
by Article Io and transfer of technology as provided by Article 10A4.
6. Any Perty opsrating under paragraph l of this Articls may, st
any time, notify the Secrstariat in writing thet, having tsken ell
practicable steps it is unable to implement any or ell of the
obligations laid down in Artielss 2A to 2E dus to the inadequate
implementation of Articles I0 and I0A, The Secrotarist shell
forthwith transmit e copy of the notification to the Partiss, which
Vol 1684, A-26369
United Nations - Treaty Series - Nations Unies - Recuel des Traitis
shall consider the matter at their next eeting. 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.
a. 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 daemd necessary regarding the schedule of
control measures applicable to those Parties.
9. Decisions of the-Parties referred to in paragraphs 4. 6 and 7
of this Article shall be taken according to the name procedure
applied to decision-aaking under Article 10.
Q. Axticle 6: Asessmt and review of control measures
The following words shall be added after "ArJticle 2- in Article 6 of the
Protocol:
Articles 2A to 21, and the situation regarding production, imports
and exports of the transitional substances in Group I of Annex C
R. Article 7: Reportint of data
1. Article 7 of the Protocol shall be replaced by the following:
1. Each Party shall provide to the Secretariat, within three
months of bec-=ni 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. Rach Party shall provide to the Secretariat statistical data on
its production, imports and exports of each of the controlled
substances in Annex 3 and each of the transitional substances in
Group I of Annex C, for the year 1989, or the best possible
estimates of such data where actual data are not available, not
later than three months after the data when the provisions set out
in the Protocol with regard to the substances in Annex 8 enter into
force for that Party.
3. Each Party shall provide statistical data to the Secretariat on
Its annual production (as defined In paragraph 5 of Article 1). and,
separately,
- Mounts used for feedstocks,
- amounts destroyed by technologies approved by the Parties.
- Imports and exports to Parties end non-Parties respectively.
Vol. 1684, A-26369
1992 United Nations - Treaty Series • Nations Unies Recueil des Trait~s 359
shall consider the matter at their next Hasting, giving due
recognition to persgraph 5 of this Article and shall decide upon
appropriats action to be taken.
7. During the period between notification and the Meeting of the
Parties et 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 ao 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 latar than 1995, the
situation of the Partias operating under paragraph I of this
Article, including the affective implementation of financial
co-oparation and transfer of technology to them, and adopt such
revisions that many be deemed necessary regarding tha schadule of
control measures applicable to thoae Parties.
9. Decisions of tts Parties referred to in paragraphs , 6 and
of this Article shall be takon according to tho same pracedure
applied to decision-making under Article 10.
0. Article6: A4neg nt4ndreview pf control auras
The following words stall be added after "Article 2" in Article 6 of the
Protocol:
Articles 2A to 2, and the situation regarding production, imports
and exports of the transitional substances in Group I of Annex C
n. Article 7: Rsetins.sf data
l. Article 7 of the Protocol stall be replaced by the following:
I. aeh Party stall provide to the Seeratariat, within thrsa
months of becoming s Psrty, statistical data on its production,
imports and axports of «sch of tha controlled substances in Annex A
for the year 1966, or the best possible estimatas of such data where
actual data aro not aveilsble.
2. Rach Psrty shall provide to the Secretarist statistical data on
its production, imports and exports of eseh of the controiled
substances in Annex R and esch of the transitional substances in
Group I of Annex C, for the year 1989, or the best possible
eatimatas of such data hers actual data are not available, not
latar than three months after the data when tha provisions set out
in the Protocol with regard to tha substances in Annex B anter into
force for thet Party.
3. Reeh Party stall provide statistical data to the Secretariat on
its annual production (as defined in paragraph 5 of Article 1), and,
separately,
amounts used for fesdstocks,
amounts destroyed by technologies approved by ths Parties,
imports and exports to Parties and non-Parties respectively,
Vol. 1684, A-26369
360 * Recueil Traitis of each of substances listed In A 8 an
well as of transitional substances in Group I of Annex C.
year in
that Party end each Data shall later after and year data relate.
A. For Parties under the provisions of paragraph 8 (a)
2. paragraphs 1, and in respect statistical data on imports and exports shall
be satisfied if the regional economic integration organization
imports organization and States that are not members of that organization.
9: Research. develoment. oublic 1 a) of the Protocol shall be replaced by the
a) Beat the containment, recovery,
and transitional T. Article 10: Financial mechanism
replaced 10: Financial mechanism
1. The Parties shall establish a for purposes of
operation. 1 Article S of this vith set 2A 2K mechanism. be financial Parties that paragraph, shall
mast all Parties ordi enable
compliance with An
indicative list of the decided by the of the Parties.
2. established I a
Multilateral it means imultilateral.
and bilateral operation.
The (a) meet, on grant basis as criteria decided Parties, incremental costs;
b) house operating paragraph 1 5.
specific studies and other technical
co-operation, identify their ueds for co-operation:
A-26369
United Nations - Treaty Series • Nations Unies - Recueil des Trait~s 1992
aeeh the controlled in Annexes and B as
e the transitionel substancee C,
for the yeer during which provisions concerning the substances in
Annex B entered into force for thet Perty and for sch year
thereafter. Dote shali be forwarded not loter than nine months
the end of the yer to which the dote relet.
4. For Parties operating under the provisions of per@graph 8 (a)
of Article 2, the requirements in peragrephs l, 2 end 3 of this
Article in.respect of statisticel deta on imports end exports shall
be satisfied if the regional economic intagration organization
concerned provides data on importe and exports between the
organizotion and States thet are not manbera of that organization.
S. Article g: Reaeareh, development, public awareness
and exchange of information
Paragraph l (s) of Article 9 of the Protocoi shall ba replsced by the
following:
(a) Best technologies for improving the containment, recovery,
recycling, or destruction of controlled end transitionel substances
or otherwise reducing their emissions;
Article: echei
Article 10 of the Protocol shall be repleced by the following:
Article Financiel mechani
l. The Perties shall esteblish e mechanism for the purposes of
providing financial and technical co-operation, including the
transfer of technologies, to Parties operating under paragraph l of
5 Protocol to enable their compliance with the
control measures sot out in Articles to 2E of the Protocol. The
mechonism, contributions to which shall additional to other
financiel transfers to Pertiea operating under thet paregroph, meat ell agreed incremental costs of such Pertias in order to enoble
their complionce the control measures of the Protocol. indicative list of the categories of incremental costs shall be
decided by the meeting of the Partiea.
The mechanism esteblished under paragraph l shall include e
Multileterel Fund. It may also include other of multilateral,
regional end bilaterel co-operetion.
3. Multilateral Fund shall:
() Meet, on a grent or concessional besie as appropriate, and
according to criterie to be decided upon by the Perties, the agreed
incrementel cost4;
(b) Finance clearing-houso functions to:
(i) Assist Parties oporsting under peragraph l of Article 5,
through country studlee end operation, to nseds operation;
Vol 1684,
1992 United Nations - Treaty Series * Nations Unies - Recueil des Trait~s 361
(ii) Facilitate technical co-operation o meet these identified
needal
(iiI) Distribute. as provided for in Article 9, information and
relevant materials. and hold workshops, training sessions.
and other related activities, for the benafit of Parties
that e 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.
A. The Multilateral Fund shall operate under the authority of the
Parties who shall decide on its overall policies.
S. The Parties shall establish an Executive Comittee to develop
end monitor the implementation of specific operational policies.
guidelines and administrative arrsngemts. Including the
disbursement of resources, for the purpose of achieving tho
objectives of the Multilateral Fund. The Executive Comi ttee shall
discharge its tasks end responsibilities, specified in its terms of
reference as agreed by the Parties, with the co-operation and
assistance of the International Bank for Raconstruction and
Development (World Bank), the United Rations EIviromet Programme.
the United Nations Development Program or other appropriate
agencies depending on their respective areas of expertise. The
members of the mcutive Comittee, 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 I of Article S in convertible
currency or. In certain circumnstances. in kind and/or In national
currency, on the basis of the United Nations scile of 9ssaaments.
Contributions by other Parties shall be encouraged. Bilateral and.
in particular cases agreed by a decision of the Perties, 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 ultilateral Fund, provided that such
co-operation, as a minimm:
(a) Strictly relates to compliance with the provisions of this
Protocol;
(b) Provides additional resources; and
(c) Hets agreed incr tal costs.
7. The Parties shall decide upon the prograimb budget 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.
A-26369
1992 United Natious -Treaty Series • Nations Unies Recueil des Trait~s 361
(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 Partiae
that are developing countriee; and
(iv) Facilitate and monitor other multilateral, regional and
biletorel co-operation available to Pertiee that ere
developing countries;
(c) Finance the secretarial services of the Multilateral Fund
and related support coots.
4. The Multilateral Fund shall operate under the authority of the
Parties ho shall decide on its overall policies.
5. Iha Parties ahall astablish an Executivo Committee to develop
and monitor the implementation of specific oporational policies,
guidelines and administrative arrangements, ineluding the
disbursement of rsecurcos, for the purpose of achieving tho
objectivee of tha Multilateral Fund. The xscutive Committee shall
discharge ite tasks end responsibilities, spoeified in its terms of
reference ae agrsed by the Parties, with the co-operation and
assistance of the International Bank for Reconstruction and
Development (World Bani), the United ations nvironent Programme,
the United atlons Development Prugramme or other appropriate
agencies dopending on their respective areas of expertise. he
members of the treeutivo Committee, which shall be selected on the
basis of a balanced ropreentstion of the Perties operating under
paragraph I of Article 5 and of the Parties not se operating, shall
be «ndoreed by tha Parties.
6. The Multilateral Fund shall be financed by contributions from
Parties not operating under paragraph I of Article 5 in convertible
currancy or, in certain circumstances, in kind end/or in national
currency, on tha basis of the United stiona scale of sasesmente.
Contributions by other Partiee shall be encouraged. ilaterel and,
in particular ceees agreed by a decision of the Parties, ragionel
co--operation may, up to a percentage and consistent with any
criteria to be specified by decision of the Perties, be considered
ae e contribution to tha Alt±lateral fund, provided that such
co-operation, ee e minim:
(a) Strictly relatee to compliance with the provisions of this
Protocol;
(b) Provides additional resources; and
(c) Moote agreed incremental costn.
7. The Parties shall decide upen the programme budget of the
Hult±lateral fund for aaeh fiscal period and upon the percentage of
contributions of tha individual Parties thereto.
8. Resources under the Multilateral fund shall be disbursed with
the concurrence of the beneficiary Party.
Vol. 1684, A-26369
362 - Treaty Series * - Traitks 9. this Article shall be taken by
consensus whenever possIble. If efforts have exhausted and no agreement reached, decisions shall be adopted by a
two-thirds majority the voting.
paragraph of Article present and of 10. financial mechanim In prejudice to may be developed respect environmental U. Article IOA: Transfer of technoloRY
The be the IOA:
IOA: Transfer of technolotl
Each every practicable programs mechanism. ensure:
(a) That the best available. emviromamtally substitute@
and related tachnologies expeditLouly I (b) That the transfers referred to In subparagraph (a) occur
fair favourable conditions.
V. Article 11: Hoetints of the Parties
4 g) 11 of be foLlowing:
(g) Article the measures
and regarding substances;
W. Article 17: ioining after entry into The words shall added after "as as under" In Article AJrt.icles 2A to 23. and
X. Article 19: Withdrawal
19 shall be replaced by Any Party may this by written
the at after years &ssming the specified I Any much withdrawal shall take effect after
the date of its the Depositary, as
withdrawal.
Vol. 1684. A-26369
362 United Nations Treaty Series • Nations Unies Recueil des Trait~s 1992
Decisions by the Parties under this Article shall be taken by
whenavar posaibls. all afforts at consensus hsve been
be s
two--thirds vote of tha Parties present and voting,
representing a majority of the Parties operating under parsgrsph 1
Articie 5 prasent end voting and a majority the Parties not so
operating present and voting.
The mechanism set out in this Article is without
any future arrangements that daveloped with
to other issues.
u. I0A4: IranAE 9f Lechel9xr
Th following Article shall added to the Protocol as Article 1OA:
Article 104: Trn±fer af. tech9}gsr
ach Party shall take evary practicablo step, consistent with
the programmes supported by the financial mechanism, to ensure:
() tha bent available, environmentally safe substitutes
are expeditiously transferred to Parties
operating under paragraph l of Article 5; and
(b) That the transfers referred to in subparegraph (a) occur
under fsir and most favorable conditions.
v. Article11: Maetlnrot .Pert44s
Paragrapb • (g) of Article 1I the Protocol shall replaced by the
following:
g) Assess, in accordance with Artlele 6, tha control mesures
end the situation ragarding transitional substances;
w. Leticia; Parties joining sfter entrinta force
fhs following words shall be added after "as well ss under" in Article 17:
Ar:cles 24 to 2k, and
x. AtieleI9; ithdrawel
Article of the Protocol stall repleced the following paragraph:
mey withdraw from thie Protocol giving writtan
notification to Depositary st any time ofter four yearn of
assuming obligations pacifled in paragraph l of Article 2A.
such withdrswel effeet upon expiry of one year sftar
dote ita receipt by tha or on such later date es
may be specified in the notification of the withdrawel.
1684,
1992 United Nations - Treaty Series * Nations Unies - Recueil des Traitks 363
Y. Annexe
The foLLamrin.11 am s shaLl be added to the protocol:
Contro lled substances
arao Sbsance Ozone-delestilE
C73CI (CrC-13) 1.0
C21FCIS (CF-111) 1.0
C21 2C1 4 (CrC-112) 1.0
C3FCm7 (CTC-211) 1.0
C3F2C16 (C7C-212) 1.0
C3 V3 CI S (CC-2Z3) 1.0
C~r4 I4 (CTC-214) 1.0
C3 VSC13 (CcC-2LS) 1.0
C3V6C12 (€C-216) 1.0
C3V7C1 (CC-217) 1.0
CC14 carbon tetrachloride 1.1
C2K3C13* 1,1, -trichLorothane 0.1
(mthyL chlorof oe)
* This tormuLa does reer to 1.1.2-trichloroeotafe.
A-26369
1992 United Nations - Treaty Series • Nations Unies Recueil des Trait~s
Y. Ameen
Th following annexes shall be added to tha Protocol:
An..R
Ggntklaed. substances
363
2btansa 9rgne-de\et4n5
potent4nl
G£up I
crsc1 (arc-13 1.0
crc15 (crc-111 1.0
G2!z014 (arc-112) 1.0
csrc1 (arc-211) 1.0
c3r2G1¢ (arc-212) 1.0
c373cl5 (arc-213) 1.0
c3r4cl4 (arc-214) 1.0
c375cl (arc-213 1.0
G3r4cl2 (crc-21%) 1.0
cr7c1 (arc-217) 1.0
Group I
cc1¢ carbon tetrachloride 1.1
Group I
cM3cl3 I.l.I-trichloroethane 0.1
(methyl chloroform)
t fhis formals does not refer to i.I.2-trichloroethane.
Vol. 1684, A-26369
364 United Nations - Treaty Series * Nations Unies - Recueil des Traitks 1992
Transitional substances
Group Substanes
CH rCI2 (HC'C-21)
C)Wr2C1 (HCvC-22)
CH 2FC1 (HCc-3.)
C2HFC1 (HCFC-121)
C2 H 2 C13 (HCFC-Z22)
C21H' 3 CI2 (HC1C-123)
C2Hy4CI (HCirC-124)
C2H2lrC 3 (HCFrC-131.)
C2H2F2CI2 (HCYC-132)
C2H2F3CI CHCFrC-].33)
CZ 2H3FC 2 (HOV-141)
C2H3F2C1 (H11C-142)
C2 H4FC1 (1CrC-1.51)
C3H1C146 (HC7C-221)
C31D2 C1Us (H=-222)
C3H473C14 (HC1C-223)
C314 4 Cx3 (14C0C-224)
C314YSC12 (HCTC-225)
C3 H476 C1 (HCC-226)
C3H2FCX5 (HC7-231)
C 3H2r2C1, (HCYC-232)
C3H2F3CI3 (HCC-233)
C3H2F4 C12 (HC17-234)
C3H2F 5C1 (HCC-235)
C 3H3FC14 (H1C7C-241)
C3 1 3 72 C1 3 (HCFC-242)
C3H3F3C12 (HClrC-243)
C3113F4C1 (HC7C-244)
C 3 H4VC'13 (HC7C-251)
C3 H4 r 2 C12 (HCrC-232)
C3H4F3C1 (HCC-253)
C3H5FC12 (HCC-261)
C3HSr2C - (HCrC-212)
C3 14 FCI (HCC-271)
VoL 1684, A-26369
364
gr9up I
CC1%
cHrc1
cHC1
cHrC1%
c2Hr2c13
c2Hr3c12
c2Hr4cI
czHarc15
c2+2?2c12
cz2rc1
c2HrcI2
C2Hr2c1
czrCI
c3rcl4
€3Hr2c15
C3Hr3c14
c3Hr4cl5
c3Hrsc12
c3gc1
€3Marc1g
c3War2c1%
c3WP3cl3
c3Hz4cl2
c3Wz!sc1
c3HM3rc1%
c3432c13
c3H33Cl2
c3My4cl
Curci5
c3Hur2cl2
c3Hur3c1
€3HgrcI
€3HsPac1
€3grc1
United Nations - Treaty Series • Nations Unies -Recueil des Trait~s
Ar.C
Transition] substances
Subtnnen
(HCC-21)
(HCC-22)
(HCYC-31)
(HCYC-121)
(HCC-122)
(HCC-123)
HCC-124)
(HCTC-131)
(HCC-132)
(HCrC-133)
(HCTC-141)
(HCTC-142)
(HCrC-151)
(HCTC-221)
(HCrC-222)
(HCTC-223)
(HCC-224)
(HCC-225)
(HCC-226)
(HCYC-231)
(HCYC-232)
(HCC-233)
(HCYC--234)
(HCC--235)
(HCrC-241)
(HCC--242)
(HCYC-243)
(HCrC-244)
(HCTC-251)
(HCC-252)
(HCC-253)
(HCC--261)
(HCC-262)
(HCC--271)
1992
Vol. 1684, A-26369
1992. United Nations - Treaty Series - Nations Unies - Recueil des Trait4s ARTiCLZ ET= yOitc
1. This h,--sent on 1 1992. at tManty Instruments ratification, or approval the
by States economic Integration
are Parties Protocol Laer. the event condition haa fulfilled by the mdmmt shall into force the ninetieth
day foilowing the data haa fulfilled.
the Lntsijnmt by a
economic. ehaLl cowited as by amer States Lfter the entry Aenmmat as paragraph 1. It other to the day the date of deposit ita instaument ratification. Vol. 1684, A-26369
1992. United Nations Treaty Series • Nations Unies - Recueil des Trait~s 365
ARTICLE 2: TRY INTO FORCE
l. Thia Amendment shall enter into force on l January 1992, provided that
at least twenty instruments of ratification, acceptance or epprovai of tha
Amendment have been deposited by Statae or regional economic intagration
organizations that aro Partiae to the Montreal Protocol on Substances Chat
Deplete the Ozone Layar. In tha avant that this condition has not been
fulfilled by that date, the Amendment shall enter inte forca on tha ninetiath
dey foilowing the date on which it bas been fuifilled.
2. For ths purposes of paragraph 1, any such instrument deposited by s
regional economic integration organization shall not be counted es additional
to those deposited by member Stetes of such organization.
3. After tha «try into force of this Admmt es provided under
Paragraph 1, it shall enter into force for any ether Party to the Protocol
on tha ninetieth day following tha dato ef deposlt of itas instrument of
ratification, acceptance or approval.
Vol. 1684, A-26369
C((\^
(XXVII.2(a»
U N I T E D $tfSft$ U N I E S
N.Y. 1OO17
C.N.227.1991.TREATIES-7 (Depositary Notification) AcrtncNCC. c j.
MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE LAYER
CONCLUDED AT MONTREAL ON 16 SEPTEMBER 1987
ADOPTION OF ANNEX D
The Secretary-General of the United Nations, acting in his
capacity as depositary, communicates the following:
On 12 September 1991, the Executive Director of the United
Nations Environment Programme notified the Secretary-General that
at the Third Meeting of the Parties to the Montreal Protocol, held
in Nairobi from 19 to 21 June 1991, the said Parties adopted an
additional annex (i.e. Annex D), listing the products which contain
controlled substances, in .accordance with article 4 (3) of the
Montreal Protocol.
The text of the said Annex D is transmitted herewith in the
six languages of its conclusion.
Pursuant to article 10, paragraph 2, sub-paragraph (c), of the
Vienna Convention for the Protection of the Ozone Layer, on the
expiry of six months from the date of the present notification,
Annex D shall become effective for all Parties to the Montreal
Protocol which have not notified the depositary to the effect that
they are unable to approve the additional annex, in accordance with
the provision of article 10, paragraph 2, sub-paragraph (b), of the
said Convention.
27 November 1991
«?•
Attention: Treaty Services of Ministries of Foreign Affairs and of
international organizations concerned
UNITED NATIONS NATIONS UNIES
at63 XXVII. 2 ( a ) )
0$TAI A0DRS4ORESf£ PO'ALE NITD NATIONS. Y. 100
CAL ADD&Si-A DRE6SE TKLCGRAPHIQU UNATIONS NwYORK
C.N.227.1991.TREATIES-7 (Depositary Notification)
MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE LAYER
CONCLUDED AT MONTREAL ON 16 SEPTEMBER 1987
ADOPTION OF ANNEX D
The Secretary-General of the United Nations, acting in his
capacity as depositary, communicates the following:
On 12 September 1991, the Executive Director of the United
Nations Environment Programme notified the Secretary-General that
at the Third Meeting of the Parties to the Montreal Protocol, held
in Nairobi from 19 to 2l June 1991, the said Parties adopted an
additional annex (i.e. Annex D), listing the products which contain
controlled substances, in accordance with article 4 (3) of the
Montreal Protocol.
The text of the said Annex Dis transmitted herewith in the
six languages of its conclusion.
Pursuant to article 10, paragraph 2, sub-paragraph (c), of the
Vienna Convention for the Protection of the Ozone Layer, on the
expiry of six months from the date of the present notification,
Annex D shall become effective for all Parties to the Montreal
Protocol which have not notified the depositary to the effect that
they are unable to approve the additional annex, in accordance with
the provision of article 10, paragraph 2, sub-paragraph (b), of the
said Convention.
27 November 1991
Attention: Treaty Services of Ministries of Foreign Affairs and of
international organizations concerned
N.227.1991.TREATIES-7 Annex)
D*
Products** Adopted whether not)
heat equipment***
g. polymers
* 19 - ** commercial *** C.N.227.1991.TREATIES-7 (Annex)
Annex V
New Annex to the Montreal Protocol
Annex D
A list of Products# Containing Controlled
Substances Specified in Annex A
(Adopted in accordance with Article 4, paragraph 3)
1. Automobile and truck air conditioning units (whether incorporated in
vehicles or not)
2. Domestic and commercial refrigeration and air conditioning/heat pump
equipmentkk
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
19- 21 June 1991 as required by paragraph 3 of Article 4 of the
Protocol.
kk Though not when transported in consignments of personal or household
effects or in similar non-commercial situations normally exempted from
customs attention.
kkk When containing controlled substances in Annex A as a refrigerant
and/or in insulating material of the product.
w[.k$<l
(XXVII.2(a))
U N I T E D §W U N I E S
•IONS, N.Y, 10017
REFERENCE- C.N. 183.1992.T.REATIES-3 (Depositary Notification;
1987
- 4' ->
BY t "" i:-, N.227.1991.TREATIES-of ^ following:
.;; , 'T paragraph 2, sub-paragraph (b), of the Vienna Convention for the
it Oaone 1985,
*.•
Original r<< Singapore ,* * following:
(a) All products classified under item 2 of Annex D
:> except domestic refrigerators and freezers; and
'*.
b) on e., c), 1992
4
concerned
UNITED NATIONS NATIONS UNIES
(XXVII.2(a))
$ REFERENCE
POTAL AUORRESS--A0RESSE POTALE UNITEO NATIONS, N.Y, 1001
CABLE ADDRESS-ADR&SSE TELEGRAPKIQUE UNATIONS NEWYORR
C.N.183.1992.TREATIES-3 (Depositary Notification}
MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE LAYER
CONCLUDED AT MONTREAL ON 16 SEPTEMBER 1987
NOTIFICATION BY SINGAPORE
ENTRY INTO FORCE OF ANNEX D
The Secretary-General of the United Nations, acting in his
capacity as depositary and with reference to depositary notification
C.N.227.1991.TREATIES-7 o£ 27 November 1991, transmitting the text
of Annex D to the above-mentioned Protocol, communicates the
following:
On 27 May 1992, that is within six months from the date of the
above-mentioned notification, one Party to the Protocol, i.e.
Singapore, had notified the Secretary-General under article 10,
paragraph 2, sub-paragraph (b), of the Vienna Convention for the
Protection of the Ozone Layer, concluded at Vienna on 22 March 1985,
as follows:
(Original : English)
"Singapore is still in the process of evaluating the
feasibility of imposing controls on all the products listed in
Annex D. In the interim, Singapore can only approve the
intention to ban import of the following:
(a) All products classified under item 2 of Annex D
except domestic refrigerators and freezers; and
(b) All products classified under item 3 of Annex D."
Consequently, en the expiry of six months from the date of the
above-mentioned depositary notification, i.e., on 27 May 1992, in
accordance with the provisions of article 10, paragraph 2,
sub-paragraph (c), of the above-mentioned Vienna Convention, Annex D
became effective in its entirety for all Parties to the Montreal
Protocol, with the exception of Singapore, for which the Annex
became effective only with respect to the products described above.
3 September 1992
Attention: Treaty Services of Ministries of Foreign Affairs and of
international organizations concerned
- * - THAT THE
OZONE LAYER. CONCLUDED AT
MONTREAL ON 16 SEPTEMBER to the
Protocol, at the
of the Parties at London
on 10 10 I Series, 26369,
1590. 1698, 1699, 1700, 1702, 1705, 1709, 1712, 1714,
1752, 1762,
1764, 1771, 1772, 1774, 1776 and 1777.
2 Ibid., vol. 1684, No. A-26369, and annex A in volumes
1774, Vol. 1785. A-26369
No MONTRtAL
A A MONTR1tAL
19871
l'amendement Protocole
susmentionn6, adopt6 A R6union A 19902
ddposd le:
10juin 8 1994.)
Enregistrg lOjuin 1 Nations Unies, Recuei des Traitds, vol. 1522,
no 1579, 1580, 1583, 1590, 1596, 1598, 1642, 1644, 1650, 1656,
1658, 1667, 1675, 1676, 1678, 1679, 1681, 1684, 1685, 1689,
1691, 1694, 1695, 1696, 1697, 1698, 1699, 1700,1702,1705,
1709, 1712, 1714, 1717, 1719, 1720, 1722, 1723, 1724, 1725,
1726, 1727, 1728, 1730, 1732, 1733, 1734, 1736, 1737, 1745,
1777.
2 Ibid., vol. n° et annexe des volumes
1709, 1712, 1714, 1717, 1719, 1722, 1724, 1727, 1728, 1730,
1732, 1733, 1734, 1737, 1745, 1748, 1752, 1762, 1763, 1771,
1772, 1774, 1776 et 1777.
516 United Nations Treaty Series • Nations Unies Recueil des Trait~s 1994
No. 26369. MONTREAL PROTOCOL ON
SUBSTANCES THAT DEPLETE THE
OZONE LAYER. CONCLUDED AT
MONTREAL ON 16 SEPTEMBER 19871
RATIFICATION of the amendment to the
above-mentioned Protocol, adopted at the
Second Meeting of the Parties at London
on 29 June 19902
Instrument deposited on:
IO June 1994
BURKINA FASO
(With effect from 8 September 1994.)
Registered ex officio on JO June 1994.
' United Nations, Treaty Senes, vol. 1522, No. 1-26369,
and annex A in volumes 1522, 1523, 1525, 1527, 1530, 1535,
1540, 1541, 1543, 1546, 1547, 1548, 1551, 1552, 1555, 1557,
1562, 1564, 1568, 1570, 1573, 1576, 1578, 1579, 1580, 1583,
1590, 1596, 1598, 1642, 1644, 1650, 1656, 1658, 1667, 1675,
1676, 1678, 1679, 1681, 1684, 1685, 1689, 1691, 1694, 1695,
1696, 1697, 1698, 1699, 1700, 1702, 1705, 1709, 1712, 1714,
1717, 1719, 1720, 1722, 1723, 1724, 1725, 1726, 1727, 1728,
1730, 1732, 1733, 1734, 1736, 1737, 1745, 1748, 1752, 1762,
1763, 1764, 1771, 1772, 1 774, 1776 and 1777.
2 Ibid., vol. 1684, A-26369, volumes
1689, 1691, 1696, 1697, 1698, 1699, 1700, 1702, 1705,
1709, 1712, 1714, 1717, 1719, 1722, 1724, 1727, 1728, 1730,
1732, 1733, 1734, 1737, 1745, 1748, 1752, 1762, 1763, 1771,
1772, 1774, 1776 and 1777.
I 785, 26369
N· 26369. PROTOCOLE DE MONTR~
AL RELATIF ~ DES SUBSTANCES
QUI APPAUVRISSENT LA COUCHE
D'OZONE. CONCLU ~ MONTR~AL
LE 16 SEPTEMBRE RATIFICATION de I' amendement au Protocole
susmentionn~, adopt~ ~ la deuxi~me
R~union des Parties ~ Londres le 29 juin
1990
Instrument d~pos~ le :
10 juin 1994
BURKINA FASO
(Avec effet au 8 septembre 1994.)
Enregistr~ d'office le 10 juin 1994.
' Recueil Trait~s, n9 1-26369, et annexe A des volumes 1522, 1523, 1525,
1527, 1530, 1535, 1540, 1541, 1543, 1546, 1547, 1548, 1551,
1552, 1555, 1557, 1562, 1564, 1568, 1570, 1573, 1576, 1578,
1579, 1580, 1583, 1590, 1596, 1598, 1642, 1644, 1650, 1656,
1658, 1667, 1675, 1676, 1678, 1679, 1681, 1684, 1685, 1689,
1691, 1694, 1695, 1696, 1697, 1698, 1699, 1700, 1702, 1705,
1709, 1712, 1714, l717, 1719, 1720, 1722, 1723, 1724, 1725,
1726, 1727, 1728, 1730, 1732, 1733, 1734, 1736, 1737, 1745,
1748, 1752, 1762, 1763, 1764, 1771, 1772, 1774, 1776 et
1777.
2 1bid., vol. 1684, n A-26369, et annexe A des volumes
1689, 1691, 1696, 1697, 1698, 1699, 1700, 1702, 1705,
1709, 1712, 1714, 1717, 1719, 1722, 1724, 1727, 1728, 1730,
1732, 1733, 1734, 1737, 1745, 1748, 1752, 1762, 1763, 1771,
1772, 1774, 1776 et 1777.
1994 United Nations — Treaty Series Nations Unies — Recueil des Traités 517
the September
Deplete Layer1
adopted Copen
hagen day
acceptance, ap
proval deposited by
integration or
ganizations, abovementioned
arti
cle (a)
Bahamas.......................
Canada..........................
Chile..............................
Denmark.......................
Ecuador........................
Finland..........................
Germany.......................
Iceland..........................
Malawi..........................
Malaysia.......................
Mauritius......................
Zealand................
Norway.........................
Arabia................
Seychelles ....................
Sweden.........................
Amer
ica..............................
VietNam......................
a
4 May a
A
A
A
1994 A
a
24 May a
a
2 March a
ENTREE EN VIGUEUR de l'amendement
au Protocole de Montréal du 16 septembre
1987 relatif à des substances qui appauvris
sent la couche d'ozone1
L'Amendement a été adopté à la quatrième
Réunion des Parties tenue à Copenhague le
25 novembre 1992. Il est entré en vigueur le
14 juin 1994, soit le quatre-vingt-dixième jour
ayant suivi la date du dépôt du vingtième ins
trument de ratification, d'acceptation, d'ap
probation ou d'adhésion par des Etats ou des
organisations régionales d'intégration écono
mique qui sont Parties audit Protocole, con
formément au paragraphe 1 de l'article 3 de
l'Amendement :
Date dépôt
(A),
d'adhésion (a)
28 décembre 1993
19 juillet 1993 a
1er 4 mai 1993 a
16 mars 1994
14 janvier 1994
21 décembre 1993 A
Allemagne.....................
Barbuda....
Saoudite...........
Bahamas.......................
Canada..........................
Chili...............................
Danemark.....................
Equateur.......................
d'Améri
que.............................
Finlande........................
Marshall................
Islande...........................
Malawi..........................
Maurice.........................
Norvège........................
Nouvelle-Zélande........
Seychelles.....................
Suède.............................
Nam......................
24 novembre 1993 A
août
février
septembre
4 juin
août
janvier
A
1993
1 page 1 Voir note 1 à la page 516 du présent volume.
1994 United Nations • Nations Unies Recueil des Trait~s 517
ENTRY INTO FORCE of the amendment to
the Montreal Protocol of 16 1987 on Substances that the Ozone
The Amendment was at the
Fourth Meeting of the Parties held at Copenhagen
on 25 November 1992. It came into
force on 14 June 1994, i.e., the ninetieth following the date on which the twentieth
instrument of ratification, approval
or accession had been States or regional economic organizations,
which are Parties to the abovementioned
Protocol, in accordance with article
3 ( 1) of the Amendment:
ENTR~E Montr~al ~ appauvrissent
d' ozone1
L Amendement ~t~ adopt~ ~ quatri~me
R~union ~ 11 entr~ dixi~me d~pot vingti~me instrument
dacceptation, dapprobation
dadh~sion r~gionales d'int~gration ~conomique
conform~
ment I T article l' Amendement Participant
Antigua and Barbuda..
Bahamas .
Canada .
Chile .
Denmark .
Ecuador .
Finland .
Germany .
Iceland .
Malawi .
Malaysia .
Marshall Islands..........
Mauritius .
New Zealand............
Norway .
Saudi Arabia .
Seychelles..................
Sweden .
United States of Amer-
Date of deposit
of the instrument
of ratification
acceptance (A)
or accession 19 July 1993 4May 1993 16 March 1994
14 January 1994
21 December 1993 24 November 1993 16 November 1993 28 December 1993
15 March 1994
28 February 1994A
5 August 1993 24May 1993 30 November 1993
4 June 1993
3 September 1993
1 March 1993 27 May 1993
9 August 1993
1994
1994 Participant
Allemagne .
Antigua-et-Barbuda ....
Arabie saoudite ...........
Bahamas .
Canada .
Chili .
Danemark .
Equateur .
Etats-Unis d'Am~riDate
du d~pot
de l'instrument
de ratification,
d'acceptation ou d'adh~sion d~cembre le mars 1993 a
d~cembre ica 2March
Viet Nam 26 January
que........... .. . . . . . . . . . . .. . . . . 2 mars
1994
Finlande 16 novembre
1993 Iles Marshall 24 mai
1993 a
Islande 15 mars
1994
Malaisie.........................
5 ao~t 1993 a
Malawi....................... 28 f~vrier 1994 A
Maurice 30 novembre
1993
Norv~ge........................ 3 1993
Z~lande........ Seychelles 27 mai
1993
Su~de........................ 9 ao~t 1993
Viet-Nam 26 1994 a
I See note 1 on 516 of this volume. Voir l ~ pr~sent Vol. 1785, A-26369
518 United Nations — Treaty Series Nations Unies — Recueil des Traités 1994
entry the following ac
ceptance Netherlands........................... April 1994 A
Eu
rope.
May Hungary.................................. May a
Nevis ........... May a
Zimbabwe .............................. Sep
tember Par la suite, et avant l'entrée en vigueur de
l'Amendement, les Etats suivants ont égale
ment déposé un instrument de ratification,
d'acceptation (A) ou d'adhésion (a) :
Pays-Bas................................. 25 avril 1994 A
(Pour le Royaume en Eu
rope.
(Avec effet au 24 juillet
1994.)
Luxembourg........................... 9 mai 1994
(Avec effet au 7 août 1994.)
Hongrie................................... 17 mai 1994 a
(Avec effet au 15 août
1994.)
Saint-Kitts-et-Nevis.............. 19 mai 1994 (Avec effet au 17 août
1994.)
Zimbabwe............................... 3 juin 1994
(Avec effet au 1er septem
bre 1994.)
Arabie, français, Enregistré 14 L'amendement se lit comme suit :
Vol. 1785, A-26369
518 United Nations • Nations Unies Recueil des Trait~s 1994
In addition, and prior to the into force
of the Amendment, the States also
deposited an instrument of ratification, acceptance
(A) or accession (a):
Netherlands 25 1994A
(For the Kingdom in Europe.
(With effect from 24 July
1994.)
Luxembourg.......................... 9 1994
(With effect from 7 August
1994.)
Hungary 17 1994 (With effect from 15 August
1994.)
Saint Kitts and Nevis........... 19 1994 (With effect from 17 August
1994.)
Zimbabwe.............................. 3 June 1994
(With effect from 1 September
1994.)
Authentic texts: Arabic, Chinese, English,
French, Russian, and Spanish.
Registred ex officio on 14 June 1994.
The amendment reads as follows:
Vol. 1785, A-26369
Fentr~e T'Amendement, ~galement
d~pos~ d'adh~sion (@) Bas 1994A
Europe.
Luxembourg aoOt Hongrie ao0t
et-Nevis............ a
ao~t
Ie septembre
Textes authentiques : arabe, chinois, anglais,
fran~ais, russe et espagnol.
Enregistr~ d'office le I4 juin 1994.
L amendement
1994 — Treaty — Traités ADJUSTMENTS TO ARTICLES 2A AND 2B OF THE MONTREAL PROTOCOL ON SUBSTANCES
THAT DEPLETE THE OZONE LAYER
The Fourth of the Parties to the Montreal Protocol on Substances
that D place the Ozone decides, on the of the to Article 6 of the Protocol, to adopt adjustments and reductions o£
and of the controlled substances in Annex A to the
Protocol as follows:
A. Article 2A: CFCs
Paragraphs to 6 of Article 2A of the Protocol shall be replaced by the
which shall be numbered paragraphs and of
Article 2A:
Each shall ensure that for the twelve-month period on 1 1994, and in each twelve-month period thereafter, ita
calculated lev*! of consumption 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 sane periods, ensure that ita
calculated level of of the substances does not exceed,
annually, twenty-five per cent of its calculated level of production in
1986. However, in order to the basic domestic needs of the
Parties operating under 1 of Article S, its calculated level of
production that limit by up to ten per cent of its calculated
level of production in 1986.
4. Each 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 not exceed zero. Each producing one or more of
these substances shall, for the same 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 to fifteen cent of ita calculated level of
production in 1986. This paragraph will save to the ex-tent that
the Parties decide to the level of production or consumption that
is necessary to uses by then to be essential.
2S: Paragraphs 2 to 4 of Article 2B of the Protocol shall be by the
following-paragraph, which shall be numbered paragraph 2 of Article 28:
2. Each shall ensure that for the twelve-month period commencing
on 1 1994, and in each twelve-month thereafter, its
calculated level of of the controlled substances in Group II
of Annex A does not exceed zero. Each 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. Hcv.'svcr, in
order f.o satisfy the basic domestic needs of the Parties operating under
paragraph 1 of Article 5, its calculated level of production nay exceed
that limit up to fifteen cent of its calculated level of
production in 1986. This will save to the extent that
the Parties decide to the level of production or consumption that
Ls necessary to uses by them to essential.
Vol. 1785, A-26369
1994 United Nations - Series • Nations Unies Recueil des Trait~s
Annex I
555
ADJUSTHENTS TO ARTICLES 2A AND 2B OF THE HONTREAL PROTOCOL ON SUBSTANCES
THAT DEPLETE THE OZONE LAYER
The Fourth Meeting of the Parties to the Montreal Protocol on Substances
chat Deplete the Ozone Layer decides, on the basis the assessments made
pursuant to Article 6 of the Protocol, to adopt adjustments and reductions of
production and consumption of the controlled substances in Annex A to the
Protocol as follows:
A. Article 2A: CFCS
Paragraphs 3 to 6 of Article 2A of the Protocol shall be replaced by the
following paragraphs, which shall be numbered paragraphs 3 and 4 of
Article 2A:
3. Each Party shall ensure that for the twelve-month period commencing
on l 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, far the same periods, ensure that it
calculated level of production of the substances does not exceed,
annually, twenty-five per cent of its calculated level of production in
1986. However, ln order to satisfy the basic domestic needs oft the
Parties operating under paragraph l 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 l January 1996, and in each twelve-month period thereafter, its
calculated level ot 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 l 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.
B. Article 2B: Halons
Paragraphs 2 to 4 of Article 2B of the Protocol shall be replaced by the
following paragraph, which shall be numbered paragraph 2 of Article 2B:
2. Each Party shall ensure that for the twelve-month period commencing
on l January 1994, and in each twelve-month period thereafter, its
calculated levol 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 perioda, ensure that its calculated
level of production of the substances does not exceed zero. Hecr, ii
order t.o satisfy the basic domestic needs of the Parties operating under
paragraph l 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 esaential.
Vol. 1785, A-26369
— — Traités 1994
Annex II
ADJUSTMENTS TO ARTICLES 2C, 2D AND 2E OF THE MONTREAL PROTOCOL
ON SUBSTANCES THAT DEPLETE THE OZONE LAYER
The Fourth Heating of the to the Montreal Protocol -a Substances
that Deplete the Ozone Layer decides, on the of the of
and consumption of the controlled substances in Annex B to the
Protocol as follows:
A. Article 2C: Other Fully H&logenated CFCs
Article 2C of the Protocol shall be replaced by the fallowing Articla:
Article 2C: other Fully Htlogenated CFCs
1. Each Party shall ensure that for the twelve-month on 1 January 1993, its calculated level of consumption of the controlled
substances in Group I of noe eighty cent of its calculated level of consumption in 1989. . Each one or more of these substances shall, for the ensure that its calculated level of of the substances does not
exceed, annually, per cent of its calculated level of 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 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 I
of Annex B does not annually, twenty-five cent of its
calculated level of consumption in 1989. Each Party one or
more of these substances shall, for the periods, ensure that its
calculated level of production of the substances does not exceed,
annually, twenty-five per cent of its calculated level of in
1989. However, in order to satisfy the basic domestic needs of the
Parties operating under 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 I
of Annex B not exceed zero. Each Party producing one or more of
these substances shall, for the same ensure that its calculated
level of production of the substances does not exceed zero. However, in
paragraph 1 of Article 5, its calculated level of production may exceed
that limit by up to fifteen cent of its calculated level of
1989. 2D: Carbon Tetractilorido
Art-cl the tha 2D: Carbon Tetrachloride
1. 1 19B9. 1 S, production may exceed that limit to ten per cent of its calculated
556 United Nations Treaty Series • Nations Unies Recueil des Trait~s
II
ADJUSTMENTS TO ARTICLES 2C, 2D AND 2E OF THE MONTREAL PROTOCOL
ON SUBSTANCES THAT DEPLETE THE OZONE LAYER
The Fourth Meeting of the Parties to the Montreal Protocol n Substances
that Deplete the Ozone Layer decides, on the basis of the assessments made
pursuant to Article 6 of the Protocol, to adopt adjustments and reductions production and consumption of the controlled substances in Annex B to the
Protocol as follows:
A. Fully Halogenated CFCs
Article 2C of the Protocol shall be replaced by the following Article:
Article Other Fully Halogenated CFCS
l. Each Party shall ensure that for the twelve-month period commencing
on l January 1993, its calculated level of consumption of the controlled
substances in Group I of Annex B does not exceed, annually, eiqhty 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 l of Article its calculated level of
production may exceed that limit by up to ten par cent of its calculated
level of production in 1989.
2. Each Party shall ensure that for the twelve-month period commencinq
on l January 1994, and in each twelve-month period thereafter, its
calculated level of consumption of the controlled substances in Group
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 l 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 commencinq
on l 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 l 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.
B. Article Tetrachloride
Art:cle 2D of th:e Protocol shall be replaced by the following Article:
Article I. Each Party shall ensure that for the twelve-month period commencing
on l January 1995, its calculated level of consumption of the controlled
substances 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 l 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.
Vol. 1785, A-26369
1994 United Nations Treaty Series Nations Unies Recueil des Trait s 557
2. Each Party shall ensure that for tha twelve-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 8 does not exceed zero. Each Party producing the substance
shall, for the same periods, ensure that its calculated level of
of tha substance not exceed zero. However, in order
to satisfy the basic domestic needs of the Parties operating paragraph 1 of Article S, its calculated level of may exceed
that limit up to fifteen per cent of its calculated of
production in 1989. This paragraph will apply save to the extent that
the Parties to permit the level of production or consumption that
is necessary to satisfy usas agreed by them to be essential.
C. Article 2E: 1, I, 1- rricAloroetAane (Methyl Chloroform;
be by Article:.
2E: 1, 1, 1- Trd.chloroet.hane (Methyl Chloroform)
1. Party ensure the 1 substance III of exceed, in 19B9. shall, ensure that in However, 1 exceed its production 1989.
that period 1 in tha the 1 L;S lavel cent of ica production 1939.
month en 1 each of does tha eutastance
lavol the substance dosa Howwvar, i.n need a 1 cent: that
Vol. 1785, A-26369
United Nations Treaty Series • Nations Unies Recueil des Trait~s
2. Each Party shall ensure that for the twelve-month period commencing
on January 1996, and in each twelvemonth 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 ot the substance does not exceed zero. However, in order
to satisfy the basic domestic needs ot the Parties operating under
paragraph l ot 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
he Parties decide to permit the level of production or consumption that
is necessary to satisfy es agreed by them to be essential.
c. Article 2E: I, I, I- Trichloroethane (ethyl Chloroform)
Article 2E of the Protocol shall be replaced by the following Articler
Article 2E: I, I- Trichloroethane (ethyl Chloroform)
I. Each Party shall ensure that for the twelve-month period commencing
on I January 1993, its calculated level of consumption of the controlled
substance in Group III ot 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 I 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 l 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
zhe 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 l of Article 5,
.cs calculated level of production may exceed that limit by up to ten per
zent cf its calculated level of producto in 1989.
3. Each Party shall ensure that for the twelve-month period commencing
cn I January 1996, and in each twelve-month period thereafter, its
calculated level of consumption of the controlled substance in Group III
f Annex B doen not exceed zero. Each Party producing tho substance
shall, for the same periods, ensure that its calculated level of
production of tbe subatance doas not exceed zero. Eicwevnr, in order
to satisfy the basic domestic needs of the Parties operating under
paragraph l 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 ttat
the Parties decide to permit the level of production or consumption that
is necessary to satisfy uses agreed by them to be essential.
Vol. 1785, A-26369
1994 557
558 United Nations — Treaty Series • Nations Unies — Recueil des Traités 1994
Annex III
AMENDMENT TO THE MONTREAL PROTOCOL ON SUBSTANCES
THAT THE OZONE LAYER
1: AMENDMENT
4
In 4 1 In , Annex B, Annex C or Annex E
B. Article 1, paragraph 9
Paragraph 9 of Article 1 of the Protocol shall be deleted.
C. Article 2, paragraph 5
In paragraph 5 of Article 2 of the Protocol, after the words:
Articles 2A to 2E
chare shall be added:
and Article 2H
0. Article 2, paragraph S bis
The following paragraph shall be inserted after paragraph 5 of Article 2
of the Protocol:
5 bis. Any Party not operating under paragraph 1 of Article S 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 it«
calculated level of consumption did not exceed 0.2S kilograms per capita
in 19BS and that the total combined calculated levels of consumption of
the Parties concerned do not exceed the consumption limita 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.
E. Article 2, paragraphs a (a; antt 11
In paragraphs 8 (a) and 11 of Article 2 of the Protocol, for the words:
Articlen 2A to 2E
there shall be substituted sach time they occur:
Articles 2A to 2K
F. Article 2, paragraph 9(a)(i)
In paragraph 9(a)(i) of Article 2 of the Protocol, for the words:
and/or Annex B
there shall be substituted:
, Annex B, Annex C and/or Annex E
558 Trait~s III
DEPLETE ARTICLE I: A. Article 1, paragraph
paragraph of Article l of the Protocol, for the words:
or in Annex B
there shall be substituted:
B. 1, paragraph 9
l c. words1
zhare D. paragraph 5 oparating l 5 consumption consumption oft Annex Parry ±ts
0.25 19B9 limits consumption ahall 4pply.
2, 8 (a) and (a) I1 of Articles 2A 2E
zhere shall be substituted each time they 2H
Articlo 9(a)(i)
paragraph 9(a)(±) or B
or Vol. 1785, A-26369
1994 United Nations — Treaty Series • Nations Unies — Recueil des Traités 559
G. Article 2F: Hydrochloroïluorocarbons
The following Article shall be inserted after Article 2E of the Protocol:
Article 2F: Hydrochlorofluoroc&rbons
1. Each Party shall ensure that for the twelve-period commencing
on 1 January 1996, and in each twelve-month period thereafter, its
calculated level of consumption of controlled substances in Group I
of Annex C not exceed, annually, Bum of:
(Three point one per cent of its calculated level of
consumption in 1989 of controlled substance» in Group I of Annex A;
and
Its calculatad consumption in the substances I twelve-month 1 of controlled in I
p«r 1 this Article.
for the period 1 each month its
level in paragraph 1 this Party that twelve-1 2015, month I
sum'iTeferred 1 for 1 month I
sum
1 month on of Annex C does exceed zero.
7. Aa 1 1996, a) C alternative substances or are not available;
b) is life or human health; and
c) other environmental, and economic considerations.
2G: Hydroiromofluorocarjbons
Article 2G: Hydrohromofluorocario/is
1 c Vol. 1785, A-26369
1994 United Nations Treaty Series • Nations Unies Recueil des Trait~s 559
G. Article 2F: Hydrochlorofluorocarbons
The following Article shall be inaertad after Article 2E of the Protocol1
Article 2F: Hydrochlororluorocarbons
l. Each Party shall ensure that for the twelve-month period commencinq
on I January 1996, and in each twelvemonth 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) Three point one 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 January 2004, and in each twelve-month period thereafter, its
calculated level of consumption of the controlled substances in Group
of Annex C does not exceed, annually, sixty-five per cent of the sum
referred to in paragraph l of this Article.
3. Each Party shall ensure that for tho twelve-month period commencing
on l 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 l of this Article.
4. Each Party shall ensure that for the twelve-month period commencing
on l 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 sureferred to
in paragraph l of this Article.
5. Each Party shall ensure that tor the twelve-month period commencing
on I January 2020, and in each twelve-month period thereafter, its
calculated level of consumption of the controlled substances in Group
of Annex C does not exceed, annually, zero point five per cent of the sur
referred to in paragraph l of this Article.
6. Each Party shall ensure that for the twelve-month period commencing
1 January 2030, and in each twelve-month period thereafter, its
calculated level of consumption of the controlled substances in Group I
af doea not zero,
As of l January each Party shall endeavour to ensure that:
(a) The use of controlled substances in Group I of Annex Cc 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 ls 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.
H. Article Hydrobromofluorocarbons
The following Article shall be inserted after Article 2F of the Protocol:
Article Hydrobromofluorocarbons
Each Party shall ensure that for the twelve-month period commencing
on l 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
Vol. 1785, A-26369
560 — Treaty — Traités 1994
production of tha substances does not exceed zero. This paragraph will
apply save to the extent that tha 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
The following Article shall be inserted after Article 2G of the Protocol:
Article 2H: Methyl Each shall ensure that for the twelve-month period commencing
on 1 1995, and in each twelve-month thereafter, its
calculated level of of the controlled substance in Annex E
does not exceed, its calculated level of consumption in 1991.
Each Party the substance shall, for the same periods, ensure
that its calculated level of of the substance does not exceed,
annually, its calculated level of in 1991. However, in order
to satisfy the basic domestic needs of the Parties operating under
paragraph 1 of Article S, its calculated level of production may exceed
that limit by up to ten cent of its calculated level of production in
1991. The calculated levels of and production under this
Article shall not include the amounts used by the Party for quarantine
and pce-shipment Article 3
2A to 2E
there shall be substituted:
2A to 2H
for the c rLrcj.de 4, paragraph 1 ter
The paragraph shall be inserted after paragraph 1 of Article 4
1 each Party shall ban the import of any controlled substances
Article 4, paragraph 2 ter
Ms of the Protocol:
2 ter. Party substances
H. 4, paragraph J ter
The shall be inserted after paragraph of Article of the Protocol:
3 tar. within threa Hat within one of the annex become effective, the of those
Vol. 1785, A-26369
560 United Nations Series • Nations Unies Recueil des Trait~s production of the substances does not exceed zero, This paragraph will
apply save to the extent that the Parties decide to permit tho level of
production or consumption that is necessary to satisfy uses agreed by
them to be essential.
I. Article The following Article shall be inserted after Article 2G of the Protocol:
Article 2H; ethyl Bromide
Each Party shall ensure that for the twelve-month period commencing
on I 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 l 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. The calculated levels of consumption and production under this
Article shall not include the amounts used by the Party for quarantine
and pre-shipaent applications.
J. 3
In Article 3 of the Protocol, for the words:
2A to 2£
there shall be substituted:
2A to 2
and far zhe words
or Annex B
there shall ba substituted each time they occur:
Annex B, Annex C or Annex E
K. Article I The following paragrapn shall be inserted after paragraph l bis Article 4
of the Protocol:
I 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.
L. Article The following paragraph shall be inserted after paragraph 2 bis of Article 4
of the Protocol:
tar. Commencing one year after the date of entry into force of this
paragraph, each Parry shall ban the export of any controlled substances
in Group II of Annex C to any State not party to this Protocol.
K. Article 3 tar
The following paragraph shall be inserted after paragraph 3 bis of Article 4
of the Protocol:
tr. 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 oft those
products from any State not party to this Protocol.
Vol. 1785, A-26369
1994 United Nations Treaty Series Nations Unies Recueil des Trait s 4, 4 tar
bis of 4 ter. Farcies Croup If Parties the
O. Article 4, 5, S and there ba B P. 4, paragraph 8
In referred 1, 1 bis, bis, -1 ajid exporta
referred to paragraphs bis
ba 1 4 car Article 4 f paragraph 10
of of
1 Croup C S, 1
1 Heating S. 5, paragraph 1 bis
1 1 Ilia. taxing 1994 United Nations Treaty Series • Nations Unies Recueil des Trait~s 561
N. Article 4, paragraph d The following paragraph shall be inserted after paragraph 4 Article 4
of the Protocol:
cer. Within five years of the date of entry into force of this
paragraph, the Parties shall determine 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. determined feasible, the Parries 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 tha
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.
0. 4, paragraphs 5, 6 and 7
In paragraphs 5, 6 and 7 of Article 4 of the Protocol, for the words:
controlled substances
thore shall be substituted:
controlled substances in Annexes A and E and Group II of Annex C
Article d, paragraph 8
paragraph 8 of Article 4 of the Protocol, for the words:
referrad to in paragraphs l, i 3, 3 bin, and 4 bis and export
reterrad in paragraphn 2 and 2 bin
there shall be substituted:
and exports referred to in paragraphs l to tor of this Article
and after the words:
Articles 2A to 2E
there shall be added:
, Article 2G
Q. Article 4, The following paragraph shall be inserted after paragraph 9 oaf Article 4 o .
the Protocol:
10. By l 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 and in Annex E with States
not party to the Protocol.
R. Article 5, paragraph I
The following words shall be added at the end of paragraph l of Article 5 of
the Protocol:
, provided that any further amendments to the adjustments or Amendments
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.
s. Article I The following paragraph shall be added after paragraph l of Article S of
the Protocol:
I bis. The Parties shall, taking into account the review referred to in
paragraph 8 of this Article, the assessments made pursuant to Article 6
Vol. 1785, A-26369
562 United Nations Treaty Series Nations Unies Recueil des Trait s 1 of a) with 1 »(lat of Croup c 1 b) With of the- 1 c) of 1 of
T* Az~t.ic.le 5. paragraph 4
of 5 tha Articlen there shall substituted:
S, S
of of 2T 2K 1 bis A_re c.ta 5 f paragraph 6
S 27 2R 1 ils W. 6
c
7, paragraphs 2 and 3
562 United Nations Treaty Series • Nations Unies Recueil des Trait~s 1994
and any other relevant information, decide by l January 1996, through the
procedure set forth in paragraph 9 Article 2:
(a) Hith respect to paragraphs l to 6 of Article 2F, hat base
year, initial levels, control schedules and phase-out date for
consumption the controlled substances in Group I of Annex C will apply
to Parties operating under paragraph l of this Article;
(b) HIth respect to Article 2G, what phase-out date for
production and consumption the controlled substances in Group II of
Annex C will apply to Parties operating under paragraph l of this
Article; and
(c) With respect to Article 2H, what base year, initial levels
and control schedules for consumption and production the controlled
substance in Annex E will apply to Parties operating under paragraph l cf
this Article.
T. Article 5. paragraph 4
In paragraph 4 Article of the Protocol, for the words:
Articles 2A to 2E
thare shall be substituted:
Articles 2A to 2H
U. Article 5, paragraph 5
In paragraph S Article S the Protocol, after the words:
set out in Articles 2A to 2E
there shall be added:
, and any control measures in Articles 2F to 2H that are decided pursuant
to paragraph l bis of this Article,
V. Article 5, paragraph 6
In paragraph 6 of Article 5 of the Protocol, after the words:
obligations laid down in Articles 2A to 2E
there shall be added:
, or any or all obligations in Articles 2F to 2H that are decided
pursuant to paragraph l bis of this Article,
w. Article 6
The following words shall be deleted from Article 6 of the Protocol:
Articles 2A to 2E, and the situation regarding production, imports and
exports of the transitional substances in Group I of Annex C
and replaced by
Articles 2A to 2H
X. Article paragraphs 2 and Paragraphs 2 and 3 of Article 7 of the Protocol shall be replaced by the
following:
2. Each Party shall provide to the Secretariat statistical data on its
production, imports and exports of each of the controlled substances
in Annexes B and C, for the year 1989;
Vol. 1785, A-26369
in Annex E, for the year 1991,
United Nations Treaty Series Nations Unies Recueil des Trait s th i^3
as 1) of each feedstocks,
parties,
the provision» the substances . 7, paragraph 3 bis
bis. Croup 1. Article 7, paragraph 4
1 words:
1, 1, bis
AA. 9, paragraph 1 (a)
1 (a) Article 10, paragraph I
paragraph 1 chere measures 1 bis CC. 21, paragraph 4 (g)
g) 11 17
In rhere ba 1994 United Nations Treaty Series • Nations Unies Recueil des Trait~s 563
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 l) of each the
controlled substances listed in Annexes A, B, C and E and, separately,
for eacn substance,
Amounts used for feedstocks,
Amounts destroyed by technologies approved by the Parties,
and
Imports from and exports to Parties and non-Parties
respectively,
for the year during which provisions concerning the substances in
Annexes A B, C and E respectively entered into force for that Party and
for each year thereafter. Data shall be forwarded not later than nine
months after the end of the year to which the data relate.
Y. Article The following paragraph shall be inserted after paragraph 3 of Article 7 of
the Protocol:
3 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.
Z. 4
In paragraph 4 of Article 7 of the Protocol, for the words;
in paragraphs l, 2 and 3
there shall be substituted:
in paragraphs l, 2, 3 and 3 Article paragraph I (a)
The following words shall be deleted from paragraph l a) of Article 9 of the
Protocol:
and transitional
BB. I0, I
In paragrapn l of Article 10 of the Protocol, after the words:
Articles 2A to 2E
zhere shall be added:
, and any control in Articles 2F to 2H that are decided pursuant
to paragraph l of Article 5.
cc. Article 1, paragraph 4 (g)
The following words shall be deleted from paragraph 4 (g) of Article ll of the
Protocol:
and the situation regarding transitional substances
DD. Article Article 17 of the Protocol, for the words:
Articles 2A to 2E
zhare shall bs substituted:
Articles 2A to 2H
Vol. 1785, A-26369
564 United Nations — Series • Nations Unies — Recueil des Traités 1994
ES. Annexas
1. C
The following annex shall replace Annex C of the Protocol:
Annex C
Grouo Substance dumber of
Potential»
Group J
CHFC1,
CHF,CI
CH,FC1
C 2HFC1 ;
cr. l 3
CICF,
C^HFcf
C.HF.Cll'
CF,CF,CHC1, CF;CICF,CHCIF
C,HF,C1
C^HjIcl.
(HCFC-21)--
(HCFC-22)*-
(HCFC-31)
(HCFC-121)
(HCFC-122)
(HCFC-123)
(HCFC-123)*-
(HCFC-124)
(HCFC-124)--
(HCFC-131)
(HCFC-132)
(HCFC-133)
(HCFC-141)
(HCFC-141b)««
(HCFC-142)
(HCFC-142b)>*
(HCFC-151)
(HCFC-221)
(HCFC-222)
(HCFC-223)
(HCFC-224)
(HCFC-22S)
(HCFC-225ca)-'
(HCFC-22Scb)-*
(HCFC-226)
(HCFC-231)
(HCrC-232)
(HCFC-233)
(HCFC-234)
(HCFC-23S)
(HCFC-241)
(HCFC-242)
2
5
9
12
12
9
5
9
16
18
16
9
12
18
0.04
0.055
0.02
0.01 -
0.02 -
0.02 0.02
0.02 -
0.022
0.007 -
0.008 -
0.02 -
0.005 -
0.11
0.008 -
0.065
0.003 -
0.015 -
0.01 -
0.01 -
0.01 -
0.02 -
0.025
0.033
0.02 -
0.05 -
0.008 -
0.007 -
0.01 - -
0.03 -
0.004 -
0.005 -
0.04
0.08
0.06
0.04
0.05
0.05
0.06
0.07
0.07
0.005
0.07
0.09
0.08
0.09
0.07
0.10
0.09
0.10
0.23
0.28
0.52
0.09
0.13
VThere a ranga of ODPa is indicated, the highest valuo in that ranga
shall be used for tha purposes of the Protocol. The ODPs listed as a single
value have been determined from calculations based on laboratory
measurements. Thona listed aa a range are baaed on estim tes and are less
certain. The range pertains to an iaomeric group. Tha upper value is the
estimate of the ODP of the isotner with the highest OOP, and the lower value
is the estimate of the ODP of the isomar with the lowest ODP.
" Identifies tho most commercially viable substances with ODP values
listed against then to be used for the purposes of tha Protocol.
Vol. 1785, A-26369
United Nations Treaty Series • Nations Unies Recueil des Trait~s 1994
EE. Annexes
l. Annex The following annex shall replace Annex C of the Protocol:
Annex Controlled substances
Group Substance Number 6? Ozone Depleting
Isomers
Potential
r
cre, (HCFC-21)° l 0.04 :.#l (HCFC-22)« l 0.055
(HCFC-31) l 0.02
.~re1. (HCC-121 2 0.01 - 0.04
cHF,CI, (HCFC-122) 3 0.02 - 0.08 %.:e# (CFC-123) 3 0.02 -
0.06
cc5g's (HCFC-123)·· 0.02 s" (HCFC-124) 2 0.02 - 0.04
chscr, (HCFC-124)·· 0.022
H,FC (HCFC-131) 3 0.007 - 0.05 <tats~i, (HCFC-132) 4 0.008 - 0.05 ezzig: (HCFC-133) 3 0.02 - 0.06
cHF'A, (HCFC-14l) 3 0.005 - 0.07
Ere} (HCFC-14lb)· 0.11
c. F.CI (HCFc-142) 3 0.008 0.07
## (HCFC-142b) 0.065
c. F1 (HCFC-151) 2 0.003 - 0.005
ciFe1 (HCFC-221) 5 0.015 - 0.07 3'r.Et, (HCFC-222) 9 0.01 - 0.09
C;HF3CI, (HCFc-223) 12 0.01 - 0.08
C5HF,Cl, (HCFC-224) 12 0.01 - 0.09
CHF CI (HCFC-225) 9 0.02 - 0.07
r,he1, (HCFC-225ca)· 0.025 @j;fr~,a.F c1 s ((HHCCFFCC--222256c) b)·· 5 00..00323 - 0.10 'j.fj, (HCFC-231) 9 o.os - 0.09
GS· (HCFC-232) 16 0.008 0.10
ciH;cl (HCFC-233) 18 0.007 - 0.23 &teer? (HCFC-234) 16 O.Or J 2'4 2 0.28
size (HCC-235) 9 0.03 - 0.52
38;" (HCFC-241) 12 0.004 - 0.09
j8,Fc.5 (HCFC-242) 18 0.005 0.13
Where a range of ODPs is indicated, tho highest valuo in that rango
shall be used for the purposes of the Protocol. The ODPs listed as a single
value have been dotermined 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 0DP of the isomer with the lowest 0DP,
Identifies tho most commercially viable substances with oDP value
listed against the to be used tor the purposes oft the Protocol,
Vol. 1785, A-26369
1994 United Nations — Treaty Series • Nations Unies — Recueil des Traités 565
Group
C^H'FCI
CjHjFjCf
S UI»t«C.
(HCFC-243)
(((((((yunber of
Xsoaers
18
12
12
16
12
9
9
5
Oiont Depleting
Potential*
0.007 - 0.12
0.009 - 0.14
0.001 - 0.01
0.005 - 0.04
0.003 - 0.03
0.002 - 0.02
0.002 - 0.02
0.001 - 0.03
Croup II
CHFBr,
CHF,Br
CHjFBr
C 2HFBr t
C&F2Br3
c;HF4Br
CjH-FBr,
CZHÎF Br
CJUF Br
CiHÏFBr,
CjHjF.Br
C,HFBr.
C3HFjBr5
C HF Br
C^HFcBr,
c,KF.Br
C5 H2 FBJ
c'^Br'
C^HlF«B
C nFBr
C 3H 3 F 2Br 3
C'H'F'B^
C3H4FBr3
C,H F,8r
C.H.FBr,
C.jH5F,Br
c,H6FBr
1
22B1) 1
1
2
3
32
3
43
3
5
9
12
12
9
5
18
16
8
12
18
12
12
12
9
9
5
1.00
0.3 - 0.8
0.5 - 1.8
0.4 - 1.6
0.7 - 1.2
0.1 - 1.1
0.2 - 1.5
0.7 - 1.6
0.1 - 1.7
0.2 - 1.1
0.07- 0.1
0.3 - 1.5
0.2 - 1.9
0.3 - 1.8
0.5 - 2.2
0.9 - 2.0
0.7 - 3.3
0.1 - 1.9
0.2 - 2.1
0.2 - 5.6
0.3 - 7.5
0.9 - 14
0.08- 1.9
0.1 - 3.1
0.1 - 2.5
0.3 - 4.4
0.03- 0.3
0.1 - 1.0
0.07- 0.8
0.04- 0.4
0.07- 0.8
0.02- 0.7
ODPa La from based are The an
iaomeric OOP -he ODP, tha isooMr
-Lth ODP.
1994 United Nations Treaty Series • Nations Unies Recueil des Trait~s
substance Nabor 6? @on@ ring
Isomers Potential
,8s53, [HCC-2@j @.07 - 0.12 <#g (HCFC-244)
0.009 - 0.14 grey (HCFC-251)
12 - 0.01
5Fc.a (HCFC-252)
o.oos - 0.04 .zg (HCFC-253)
12 0.003 - 0.03 8,&", (HCFC-261)
9 - 0.02 58g (HCFC-262)
- 0.02
5,F' (HCFC-271)
0.001 - 0.03
Group l l.00 A; (HBFC-2281) 1 0.74
CH,'Br l 0.73
cHFBr, .F.Br, I.
8
HF5Br. 3 0,4 C;HFBr 2 c'fie, 1.1
5PF. 4 1.5
HF Br 3 - cfrie, 0.11.7
#&e 3
.
1
HF'r 2 0.070.1
C,HFBr, 1.5
CHF,Br, 1.9
CF,Br, 12 C5HF,Br, 2.2
c,HF,Br, C,HF, Br i,,,fiBe, , 9
1.9
16
5F5Br, F.Pr, Gs,Br 14
c;'re, 0.081.9
5F,Pr, 0.13.1
s,ES8r 18
0.12.5
#. 4.4
5,Fr, 0.030.3
5H,F,Br; 16
1.0
sz: c5,Fr, #5,"! G5HF"F s 565
Where a range of ODPs is indicated, the highest value in that range shall
be used for the purposes of the Protocol. The ODPa listed as a single value have
been determined calculations based on laboratory measurements. Those listed
as a range are basod on estimates and aro less certain. "he range pertains to isomeric group. The upper value is the estimate of the ODP of the isomer with
he highest oDP, and the lower valuo is the estimate of the ODP of the isomer
Lt the lowest 0DP.
Vol. 1785, A-26369
— » — Traités______1994
2. Annex E
The following annex shall be added to the Protocol:
A/max E
Controlled substances
Croup Suiscance———
Ozone-Depleting
Potential
Group I
CHjBr methyl bromide
Parries ARTICLE 3: ENTRY INTO FORCE
1. oj 1, states 1,
for 566 United Nations Treaty Series • Nations Unies Recueil des Trait~s 1994
Annex E
Annex E
Group
Depleting
substance
0.7
CH,Br ARTICLE 2: RELATIONSHIP TO THE 1990 AMENDMENT
No State or regional economic integration organization may deposit an
instrument of ratification, acceptance, approval or accession to this Amendment
unless it has previously, or simultaneously, deposited such an instrument to the
Amendment adopted at the Second Meeting of the Parties in London, 29 June 1990.
ARTICLE 3: ENTRY INTO FORCE
l. This Amendment shall enter into force on 1 January 1994, provided that at
least twenty instruments of ratification, acceptance or approval or the Amendment
have been deposited by States or regional economic integration organizations that
are Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer.
In the event that this condition has not been fulfilled by that date, the
Amendment shall enter into force on the ninetieth day following the date on which
it has been fulfilled.
2. For the purposes of paragraph l, any such instrument deposited by a regional
economic integration organization shall not be counted as additional to those
deposited by member States of such organization.
3. After the entry into force of this Amendment, as provided under paragraph l,
it shall enter into force tor any other Party to the Protocol on the ninetieth
day following the date of deposit of its instrument of ratification, acceptance
or approval.
Vol. 1785, A-26369
^A/> ( X X V I I . 2 ( C ) )
fffiH NATIONS U N I E S
'IONS. Y. 10O1T
C.N.200.1993.TREATIES-2 Depositary Notification)
AMENDMENT TO THE MONTREAL PROTOCOL ON SUBSTANCES
THAT DEPLETE THE OZONE LAYER, ADOPTED AT THE FOURTH
MEETING OF THE PARTIES AT COPENHAGEN ON 25 NOVEMBER 1992
RECTIFICATION OF THE ORIGINAL OF THE AMENDMENT (ENGLISH VERSION!
AND OF THE CERTIFIED TRUE COPIES
The Secretary-General of the United Nations, acting in hia
capacity as and in reference to notification
C.N.428.1992.TREATIES-12 of 22 March 1993, transmitting, intc.r alia,
the text of the above-mentioned Amendment, communicates the
following:
It has come to the attention of the General that
Annex E of the English version of the authentic text of the Amendment
as well as the certified true of the Amendment established on
7 July 1993, contains an error in format.
A copy of the proces-of rectification is
attached.
17 September 1993
•fl,t
Attention; Trea.ty Services of Ministries cf ?.ffairs and of
international organizations concerned
@
UNITED NATIONS
...£e {&(@E@/}} NAT1ONS UNIES e.
REFERENCE
POSTAL ADDRESS-A0RESSE POSTALE UNITED NATIONS. N. Y. 100\
CABLE ADDRESS-ADRESSE TELEGRAPIQUE UNATIONS NEWYORK
C.N.200.1993.TREATIES-2 (Depositary Notification)
AMENDMENT TO THE MONTREAL PROTOCOL ON SUBSTANCES
THAT DEPLETE THE OZONE LAYER, ADOPTED AT THE FOURTH
MEETING OF THE PARTIES AT COPENHAGEN ON 25 NOVEMBER 1992
RECTIFICATION OE THE ORIGINAL OE THE AMENDMENT (ENGLISH VERSION)
AND OF THE CERTIFIED TRUE COPIES
The Secretary-General of the United Nations, acting in his
capacity as depositary, and in reference to depositary notification
C.N.428.1992.TREATIES-12 of 22 March 1993, transmitting, inter alia,
the text of the above-mentioned Amendment, communicates the
following:
It has come to the attention of the Secretary-General that
Annex E of the English version of the authentic text of the Amendment
as well as the certified true copies of the Amendment established on
7 July 1993, contains an error in format.
A copy of the corresponding proc~s·-verbal of rectification is
attached.
17 September 1993
At:tentio; Treaty Services of Ministries cf Foreign Affairs and of
international organizations concerned
U N I T E D NATIONS
AMENDMENT TO THE MONTREAL PROTOCOL
ON SUBSTANCES THAT DEPLETE THE
OZONE LAYER, ADOPTED AT THE FOURTH
MEETING OF THE PARTIES AT
COPENHAGEN ON 25 NOVEMBER 1992
PROCES-VERBAL OF RECTIFICATION
OF THE ORIGINAL (ENGLISH TEXT)
OF THE AMENDMENT
GENERAL (English
N.428.1992.TREATIES-
12 1993,
Proces-7 1993.
I,
Under-
Secretary-General, Procesverbal.
NATIONS UNIES
AMENDEMENT AU PROTOCOLE DE MONTREAL
RELATIF A DBS SUBSTANCES QUI
APPAUVRISSENT LA COUCHE D'OZONE,
ADOPTE PAR LA QUATRIEME REUNION DES
PARTIES A COPENHAGUE
LE 25 NOVEMBRE 1992
PROCES-VERBAL DE RECTIFICATION L'ORIGINAL (TEXTE ANGLAIS)
DE L'AMENDEMENT
LE SECRETAIRE GENERAL DE
L'ORGANISATION DES NATIONS UNIES,
agissant en sa qualite de
depositaire de 1'Amendement au
Protocole de Montreal relatif a des
substances qui appauvrissent la
couche d'ozone, adoptg par la
Quatrieme Reunion a
Copenhague le 25 novembre 1992,
CONSIDERANT que 1'original de
1'Amendement (texte anglais de
1'annexe E), comporte une erreur de
presentation,
certifies ete communiques a interesses notification
depositaire N.428.1992.TREATIES-1993,
1'original
a indiquee present
proces-egalement certifies 1'Amendement
etablis 1993.
Secretaire general signe present proces-1993.
Siege 1'Organisation
£ aout 1993.
S*^ • H^
<Zav =\
UNITED NATIONS
-
AMENDMENT TO THE MONTREAL PROTOCOL
ON SUBSTANCES THAT DEPLETE THE
OZONE LAYER, ADOPTED AT THE FOURTH
MEETING OF THE PARTIES AT
COPENHAGEN ON 25 NOVEMBER 1992
PROCES-VERBAL OE RECTIFICATION
OE THE. ORIGINAL, (ENGLISH TEXT)
OF THE AMENDMENT
THE SECRETARY-GENERAL OF THE
UNITED NATIONS, acting in his
capacity as depositary of the
Amendment to the Montreal Protocol
on Substances that Deplete the Ozone
Layer, adopted at the Fourth Meeting
of the Parties at Copenhagen on
25 November 1992,
WHEREAS it appears that the
original of the Amendment (English
text of annex E) contains an error
in format,
WHEREAS the certified true copies
of the original of the said
Amendment were transmitted to all
States concerned with depositary
notification C.N.428.1992.TREATIES12
of 22 March 1993,
HAS CAUSED the correction
indicated in the annex to this
Proc~s-verbal to be effected in the
original of the said Amendment,
which correction also applies to the
certified true copies of the
Amendment established on
July 1993.
IN WITNESS WHEREOF, I,
Carl-August Fleischhauer, UnderSecretary-
General, the Legal
Counsel, have signed this Proc~sverbal.
Done at the Headquarters of the
United Nations, New York, on
19 August 1993.
AMENDEMENT AU PROTOCOLE DE MONTREAL
RELATIF A DES SUBSTANCES QUI
APPAUVRISSENT LA COUCHE D'OZONE,
ADOPTE PAR LA QUATRIEME REUNION DES
PARTIES A COPENHAGUE
LE 25 NOVEMBRE 1992
PROCES-VERBAL DE. RECTIFICATION DE
L'ORIGINAL, (TEXTE .ANGLAS)
DE L'AMENDEMENT
LE SECRETAIRE GENERAL DE
L'ORGANISATION DES NATIONS UNIES,
agissant en sa qualit~ de
d~positaire de l'Amendement au
Protocole de Montr~al relatif ~ des
substances qui appauvrissent la
couche d'ozone, adopt~ par la
Quatri~me R~union des Parties ~ Copenhague le 25 novembre 1992,
CONSIDERANT que l'original de
l'Amendement (texte anglais de
l'annexe E), comporte une erreur de
pr~sentation,
CONSIDERANT que les exemplaires
certifi~s conformes dudit Amendement
ont ~t~ communiqu~s ~ tous les Etats
int~ress~s par notification
d~positaire C.N.428.1992.TREATIES-12
du 22 mars 1993,
A FAIT PROCEDER dans l'original
dudit Amendement ~ la correction
indiqu~e en annexe au pr~sent
proc~s-verbal, laquelle correction
s'applique ~galement aux exemplaires
certifi~s conformes de l'Amendement
~tablis le 7 juillet 1993.
EN FOI DE QUOI, Nous,
Carl-August Fleischhauer,
Secr~taire g~n~ral adjoint,
Conseiller juridique, avons sign~ le
pr~sent proc~s-verbal.
Fait au Si~ge de l'Organisation
des Nations Unies, a New York, le
19 aot 1993.
•50$4u= Carl-August Fleischhauer
Annex to the Proces-verbal of rectification dated 19 August 1993
Annexe au proces-verbal de rectification du 19 aout 1993
For the existing text of Annex substitute
Annex E
Controlled substances
Group Substance Ozone-Depleting
Potential
CH3Br methyl bromide Annex to the Proc~s-verbal of rectification dated 19 August 1993
Annexe au proc~s-verbal e rectification du 19 ao~t 1993
For the existing text of Annex E, substitute
Annex E
Controlled substances
aeeoe..a
Group Substance Ozone-Depleting
Potential
ea+aero«...
Group 1
methyl bromide 0.7
REFERENCE:
Wrtr
( X X V I I . 2 ( c ) )
U N I T E D U N I E S
POSTAL ADDRESS ADRESSE POSTALE' UNITED NATIONS, N Y. !0017
CABLE ADDRESS AI3RES.SE TELEGRAPHIQUE UNATIONS NEWYORK
C.N.96.1994.TREATIES-3 (Depositary Notification)
AMENDMENT TO THE MONTREAL PROTOCOL ON SUBSTANCES
THAT DEPLETE THE OZONE LAYER, ADOPTED AT THE FOURTH
1992
OF.TRANSMISSION VERBAL
C.N.21.1994.TREATIES-1 of 10 January 1994 by which corrections were,
proposed to the original of the Agreement (Arabic, Chinese, English,
French, Russian and Spanish), and of the certified true copies,
Within a period of ninety days from the date of the
or of Article 3 (1) which constituted the. object of the above-mentioned
correction, were also omitted in paragraph 3 of the said
article and should be added at the end of this paragraph, after the
approval". 10 April 1994 the appropriate corrections to be effected in the
Russian Proces-of rectification, to which is annexed the text of paragraphs 1 and 3
of Article 3 as it should now read, which also applies to the
certified true copies of the Agreement, transmitted by depositary
notification C.N.428.1992.TREATIES-12 of 22 March 1993 is enclosed.
1994
Treaty Services of Ministries of Foreign Affairs and of
concerned
UNITED NATIONS NATIONS UNIES
i/0 (XXVII.2(c))
REFERENE:
POSTAL ADDRESS-ADESSE POSTALE' UNITED NATIONS, N Y. '00i7
CAELE AODRESS-ADRESSE TELEGRAPHIQUE UNATIONS NEWYORK
C.N.96.1994.TREATIES-3 (Depositary Notification)
AMENDMENT TO THE MONTREAL PROTOCOL ON SUBSTANCES
THAT DEPLETE THE OZONE LAYER, ADOPTED AT THE FOURTH
MEETING OF THE PARTIES AT COPENHAGEN ON 25 NOVEMBER 1992
RECTIFICATION OF THE AMENDMENT
AND TRENSMISSION OF THE RELEVANT PROCES-VERBAL
The Secretary-General of the United Nations, acting in his
capacity as depositary, and with reference to depositary notification
C.N.21.1994.TREATIES-1 of 10 January 1994 by which corrections were
proposed to the original of the Agreement (Arabic, Chinese, English,
French, Russian and Spanish), and of the certified true copies,
communicates the following:
Within a period of ninety days from the date of the
above-mentioned depositary notification, no objection to the proposed
corrections was received from any of the Parties concerned. In this
connection, the Secretary-General wishes to specify that due to a
typographical error, the words "or accession", omitted from the text
of Article 3 (1) which constituted the object of the above-mentioned
proposed correction, were also omitted in paragraph 3 of the said
article and should be added at the end of this paragraph, after the
word "approval". Consequently, the Secretary-General has caused, on
10 April 1994 the appropriate corrections to be effected in the
Arabic, Chinese, English, French, Pussian and Spanish texts of the
original of the Agreement. A copy of the corresponding Proc~s-verbal
of rectification, to which is annexed the text of paragraphs 1 and 3
of Article 3 as it should now read, which also applies to the
certified true copies of the Agreement, transmitted by depositary
notification C.N.428.1992.TREATIES-12 of 22 March 1993 is enclosed.
16 August 1994
Attention: Treaty Services of Ministries of Foreign Affairs and of
international organizations concerned
AT
1992
PROCES- VERBAL OF RECTIFICATION OF THE
ORIGINAL OF THE AMENDMENT
UN IBS
AU PROTOCOLE DE MONTREAL
A DES SUBSTANCES QUI
COUCHE PAR REUNION COPENHAGUE LE 25 NOVEMBRE 1992
PROCES-VERBAL DE RECTIFICATION DE
L'ORIGINAL DE I'AMENDEMENT
, 1992,
transmitted to all States concerned with
notification
Proces-in
1993.
Secretary-
General Proces-10-LE SECRETAIRE GENERAL DE L'ORGANISATION DES
NATIONS UNIES, agissant en sa qualite de
depositaire de VAmendement au Pro toco le de
Montreal relatif a des substances qui
appauvrissent la couche d'ozone, adopte par
la Quatrieme Reunion des Parties a Copenhague
le 25 novembre 1992,
CONSIDERANT que I/original de VAmendement
(textes anglais, arabe, chinois, espagnol,
frangais et russe), comporte une erreur,
CONSIDERANT que les exemplaires certifies
conformes dudit Amendement ont ete
communiques a tous les Etats interesses par
notification depositaire
CONSIDERANT que dans le delai de 90 jours a
compter de la date de cette communication,
aucune objection n'a ete notifiee,
A FAIT PROCEDER dans Voriginal dudit
Amendement a la correction indiquee en annexe
au present proces-verbal, laquelle correction
s'applique egalement aux exemplaires
certifies conformes de VAmendement etablis
-le 1993.
EN FOI DE QUOI, Nous, Ralph Zacklin, le
Directeur et Adjoint du Secretaire general
adjoint charge du Bureau des affaires
juridiques, avons sign§ le present procesverbal.
Fait au
Unies, a ft*M Wfc
' iRalnh 7arklin
Siege TOrganisation 10 1994.
Ralph Zacklin
m»-.
J
t
UNITED NATIONS
AMENDMENT TO THE MONTREAL PROTOCOL
ON SUBSTANCES THAT DEPLETE THE
OZONE LAYER, ADOPTED AT THE FOURTH
MEETING OF THE PARTIES AT
COPENHAGEN ON 25 NOVEMBER 1992
VERBAL OF OE THE
ORIGINAL OE THE NATIONS UNIES
AMENDEMENT AU PROTOCOLE DE MONTREAL
RELATIF A DES SUBSTANCES QUI
APPAUVRISSENT LA COUCHE D'OZONE,
ADOPTE PAR LA QUATRIEME REUNION DES
PARTIES A COPENHAGUE LE 25 NOVEMBRE 1992
PROCES- VERBAL DE RECTIFICATION DE
L'ORIGINAL DE L'AAENDEMENT
• THE SECRETARY-GENERAL OF THE UNITED NATIONS,
• acting in his capacity as depositary of the
Amendment to the Montreal Protocol on
, Substances that Deplete the Ozone Layer,
adopted at the Fourth Meeting of the Parties
" at Copenhagen on 25 November 1992,
WHEREAS it appears that the original of the
• Amendment (Arabic, Chinese, English, French,
Russian and Spanish) contains an error,
·•-
• WHEREAS the certified true copies of the
original of the said Amendment were
• depositary notification
C.N.428.1992.TREATIES-12 of 22 March 1993,
• WHEREAS at the end of a period of 90 days
from the date of that communication, no
objection had been notified,
HAS CAUSED the correction indicated in the
annex to this Proc~s-verbal to be effected in
• the original of the said Amendment, which
correction also applies to the certified true
copies of the Amendment established on
22 March 1993.
IN WITNESS WHEREOF, I, Ralph Zacklin,
> Director, and Deputy to the Under-SecretaryGeneral
in charge of the Office of Legal
Affairs, have signed this Proc~s-verbal.
qualit~ d~posita ire l'Amendement Protocole Montr~al ~ qui
appauvr issent adopt~ Quatri~me R~union ~ l'original l'Amendement
fran~ais ~t~
communiqu~s ~ int~ress~s d~posita ire
C.N.428.1992.TREATIES-12 du 22 mars 1993,
d~lai ~
~t~ notifi~e,
l'original ~ indiqu~e pr~sent proc~s-correction
~galement certifi~s l'Amendement ~tablis
le 22 mars 1993.
FOi Secr~taire g~n~ral
charg~ sign~ pr~sent proc~sverba
l .
b Done at the Headquarters of the United
Si~ge de l'Organisation des Nations
Nations, New York, on 10 .April 1994.
~ New York, le I0 avril 1994. 1#.&#t •
TREATIES-(Annex)
«v
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ARTICLE 3: ENTRY INTO FORCE
r*
1. This Amendment shall enter into force on 1 January 1994, provided that
at least twenty instruments of ratification, acceptance, approval of the
Amendment or accession thereto have been deposited States or regional e
economic integration organizations that are Parties to the Montreal Protocol
on Substances that Deplete the Ozone Layer.
3. After the entry into force of this Amendment, as provided under paragraph
1, it shall enter into force for any other Party to the Protocol on the ninetieth
day following the date of deposit of its instrument of ratification, acceptance
or approval or accession.
C.N.96.1994.TREATIES-3 (Annex)
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ARTICLE 3: ENTRY INTO FORCE
1. This Amendment shall enter into force on l January 1994, provided that
at least twenty instruments of ratification, acceptance, approval of the
Amendment or accession thereto have been deposited by States or regional
economic integration organizations that are Parties to the Montreal Protocol
on Substances that Deplete the Ozone Layer.
3. After the entry into force of this Amendment, as provided under paragraph
1, it shall enter into force for any other Party to the Protocol on the ninetieth
day following the date of deposit of its instrument of ratification, acceptance
or approval or accession.
«dt
«
C.N.96.1994.TREanE5-3 (Annex )
ARTICLE 3 : ENTREE EN VIGUEUR
1. Le present Amendement entre en vigueur le ler Janvier 1994, sous reserve
du depot a cette date d'au moins vingt instruments de ratification,
d'acceptation ou d'approbation du present Amendement ou d'adhesion au present
Amendement par des Etats ou des organisations regionales d'integration
economique qui sont Parties au Protocole de Montreal relatif a des substances
qui appauvrissent la couche d'ozone.
3. Apres 1'entree en vigueur du present Amendement, comme il est prevu au
paragraphs 1 du present article, ledit Amendement entre en vigueur pour toute
autre Partie au Protocole le quatre-vingt-dixieme jour a compter de la date du
depot de son instrument de ratification, d'acceptation, ou d'approbation ou
d'adhesion.
CTATbfl 3: BCTynJlEHHE B CWiy
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ARTICULO 3: ENTRADA EN VIGOR
t 1. La presente Enmienda entrara en vigor el lo. de enero de 1994, siempre
que se hayan depositado al menos veinte instrumentos de ratificacion,
aceptacion o aprobacion de la Enmienda o de adhesion a esta por Estados u
, organizaciones de integracion economica regional que sean Partes en el
Protocolo de Montreal relative a las sustancias que agotan la capa de ozono.
•
3. Despues de la entrada en vigor de la presente Enmienda conforme a lo
dispuesto en el parrafo 1, esta entrara en vigor para cualquier otra Parte en el
» Protocolo el nonagesimo dia contado desde la fecha en que se haya depositado su
instrumento de ratificacion, aceptacion o aprobacion o adhesion.
:»->-
C.N.96.1994.TREATIES-3 (Annex )
ARTICLE 3 : ENTREE EN VIGUEUR
l. Le pr~sent Amendement entre en vigueur le ler Janvier 1994, sous r~serve
du d~pt ~ cette date d'au moins vingt instruments de ratification,
d'acceptation ou d'approbation du pr~sent Amendement ou d'adh~sion au pr~sent
Amendement par des Etats ou des organisations r~gionales d'int~gration
~conomique qui sont Parties au Protocole de Montr~al relatif ~ des substances
qui appauvrissent la couche d'ozone.
3. Apr~s l'entr~e en vigueur du pr~sent Amendement, comme il est pr~vu au
paragraphe l du pr~sent article, ledit Amendement entre en vigueur pour toute
autre Partie au Protocole le quatre-vingt-dixi~me jour ~ compter de la date du
d~pot de son instrument de ratification, d'acceptation, ou d'approbation ou
d'adh~sion.
•
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[a Tbl c[aM Ha XpaHeHMe poKyMeHTa O paTMbMKaLIMM, IpMHTMM MIM OLIO6p€HMM MM
npMcoeHHeHMM K He.
ARTICULO 3: ENTRADA EN VIGOR
1. La presente Enmienda entrar~ en vigor el lo. de enero de 1994, siempre
que se hayan depositado al menos veinte instrumentos de ratificacion,
aceptacin o aprobacion de la Enmienda o de adhesion a ~sta por Estados u
organizaciones de integracin econ~mica regional que sean Partes en el
Protocolo de Montreal relativo a las sustancias que agotan la capa de ozono.
3. Despu~s de la entrada en vigor de la presente Enmienda conforme a lo
dispuesto en el parrafo 1, ~sta entrar~ en vigor para cualquier otra Parte en el
Protocolo el nonag~simo dia contado desde la fecha en que se haya depositado su
instrumento de ratificaci~n, aceptacion o aprobaci~n o adhesion.
REfew£N*£
(XXVII.2(a))
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C.N.484.1995.TREATIES-5 (Depositary Notification)
PROTOCOL SUBSTANCES THAT OZONE CONCLUDED AT MONTREAL ON 16 SEPTEMBER 1987
ADOPTION OF ADJUSTMENTS
The Secretary-General of the United Nations, acting in his
capacity as depositary, communicates the following:
December at the Seventh Meeting of the Parties to the
Montreal Protocol on Substances that Deplete the Ozone Layer, held in
Vienna from 5 to 7 December certain adjustments to the Protocol
were adopted the Parties.
The text of the adjustments adopted is transmitted herewith as an
annex to this notification.
accordance with article 9) of the Protocol, the
adjustments in Annexes A, B and C will enter into force for
all Parties at the expiry of six months from the date of this
notification,, that is, on 5 August 1996.
The adjustment to Annex E shall enter into force, as
provided in Decision VII/3 of the Seventh Meeting of the Parties,
on 1 January 1997.
5 February 1996
Attention: Treaty Services of Ministries of Foreign Affairs and of
international organizations concerned
UNITED NATIONS
XXVII.2(a))
NATIONS UNIES
RE+ERENE
POSTAL UORESS--AORSSE OSTALt UN,TED NATIONS, N Y. I0OTT
CABLE ADDRESS-ADRESE TELEGRAPMiQR NATIONS NEWYORK
C.N.484.1995.TREATIES-5 (Depositary Notification)
MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE LAYER
CONCLUDED AT MONTREAL ON 16 SEPTEMBER 1987
ADOPTION OF ADJUSTMENTS
The Secretary-General of the United Nations, acting in his
capacity as depositary, communicates the following:
On 7 December 1995, at the Seventh Meeting of the Parties to the
Montreal Protocol on Substances that Deplete the Ozone Layer, held in
Vienna from 5 to 7 December 1995, certain adjustments to the Protocol
were adopted by the Parties.
The text of the adjustments adopted is transmitted herewith as an
annex to this notification.
In accordance with article 2 (9) of the Protocol, the
adjustments in Annexes A, B and C will enter into force for
all Parties at the expiry of six months from the date of this
notification, that is, on 5 August 1996.
The adjustment to Annex E shall enter into force, as
provided in Decision VII/3 of the Seventh Meeting of the Parties,
on 1 January 1997.
5 February 1996
Attention: Treaty Services of Ministries of Foreign Affairs and of
international organizations concerned
Annex I
i
ADJUSTMENTS TO THE MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE
THE OZONE LAYER RELATING TO CONTROLLED SUBSTANCES IN ANNEX A
the Article S: situation developing countries
bis 8 bis. paragraph
8 a) a this its basic
/...
I
ADJUSTMENTS TO THE MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE
THE OZONE LAYER RELATING TO CONTROLLED SUBSTANCES IN ANNEX A
The Seventh Meeting of the Parties to the Montreal Protocol on Substances
that Deplete the Ozone Layer decides, on the basis of the assessments made
pursuant to Article 6 of the Protocol, to adopt adjustments and reductions of
production and consumption of the controlled substances in Annex A to the
Protocol as follows:
Article5; Special situation of developing countries
The following paragraph 8 bis shall be inserted after paragraph 8 of
Article 5 of the Protocol:
bis.
above:
Based on the conclusions of the review referred to in paragraph
(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;
I •.•
- 2 -
Annex II
ADJUSTMENTS TO THE MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE
THE OZONE LAYER RELATING TO CONTROLLED SUBSTANCES IN ANNEX B
Layer, Article 5; a) bis 5 b) by /...
2Annex
ADJUSTMENTS TO THE MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE
THE OZONE LAYER RELATING TO CONTROLLED SUBSTANCES IN ANNEX B
The Seventh Meeting of the Parties to the Montreal Protocol on Substances
that Deplete the Ozone Layer. decides, on the basis of the assessments made
«
pursuant to Article 6 of the Protocol, to adopt adjustments and reductions of
production and consumption of the controlled substances in Annex B to the
Protocol as follows:
Article5: Special situation of developing countries
The following subparagraph shall be inserted after subparagraph (a) of
paragraph 8 bis of Article of the Protocol:
(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 the Second Meeting of the Parties in London, 29 June
1990, and reference by this Protocol to Articles 2C to 2E shall be read
accordingly.
I ...
— 3 —
Annex TO THE LAYER RELATING TO CONTROLLED SUBSTANCES IN ANNEXES C AND E
Montreal on to Article of and of
and in Annexes 2F. paragraph (a): Hvdrochlorofluorocarbons
In paragraph 1 (a) of words:
Article 2F. 5; Hvdrochlorofluorocarbons
K
5 Methvl shall 2H: Methvl Each each month period in Each of
does its level in
However, 1 level may
cent level in
Each that 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
- 3 -
Anne; III
ADJUSTMENTS TO THE MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE
LAYER RELATING TO CONTROLLED SUBSTANCES IN ANNEXES C AND E
The Seventh Meeting of the Parties to the Montreal Protocol on Substances
that Deplete the Ozone Layer decides, on the basis of the assessments made
pursuant to Article 6 of the Protocol, to adopt adjustments and reductions of
production and consumption of the controlled substances in Annexes C and E to the
Protocol as follows:
Article 2F, paragraph 1 (a): Hydrochlorofluorocarbons
.In paragraph 1(a) of Article 2F, for the words:
Three point one
there shall be substituted:
Two point eight
Article2F, paragraph 5: Hyvdrochlorofluorocarbons
f
The following sentence shall be added to the end of paragraph 5 of Article
2F of the Protocol:
Such consumption shall, however, be restricted to the servicing of
refrigeration and air conditioning equipment existing at that date.
Article 2H: Methyl bromide
Article 2H of the Protocol shall read as follows:
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
2001, and each level
cent in Each producing shall, that level of seventy-five I ...
_ —
basic month January month calculated
month month 5. paragraph 8 8 bis i
a) month month calculated b) month month c) - 4 -
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.
Article 5, paragraph8 ter: Special situation of developing countries
The following paragraph 8 ter shall be inserted after paragraph 8 bis of
Article 5 of the Protocol:
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) 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.
Annex E; Methyl bromide
For "0.7" in the third column of Annex E substitute "0.6".
- 5 -
(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) 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.
-Annex B: Methyl bromide
For "0.7 in the third column of Annex E substitute "0.6".
1995.
precede adoptes decembre
a Septieme Reunion Montreal
a a decembre
General
Secretaire general
Secretaire general Hans Gorell *<-
7
1996
fevrier 1996
I hereby certify that the
foregoing text is a true copy of the
Adjustments, adopted on 7 December
1995 at the Seventh Meeting of the
Parties to the Montreal Protocol on
Substances that Deplete the Ozone
Layer, which was held in Vienna,
from 5 to 7 December 1995.
For the Secretary-General
The Legal Counsel
(Under-Secretary-General
for Legal Affairs)
Je certifie que le texte qui
pr~c~de est une copie conforme des
Amendements adopt~s le 7 d~cembre
1995 ~ la Septi~me R~union des
Parties au Protocole de Montr~al
relatif ~ des substances qui
appauvrissent la couche d'ozone,
tenue ~ Vienne, du 5 au 7 d~cembre
1995.
Pour le Secr~taire g~n~ral
Le Conseiller juridique
(Secr~taire g~n~ral adjoint
aux affaires juridiques)
United Nations, New York
2 February 1996
--.%2. . core11 .J
Organisation des Nations Unies
New York, le 2 f~vrier 1996
Volume2054, A-26369
522
No. 26369. Multilateral No 26369. Multilatéral
MONTREAL PROTOCOL ON
SUBSTANCES THAT DEPLETE THE
OZONE LAYER. MONTREAL,
16 SEPTEMBER 1987 [United Nations,
Treaty Series, vol. 1522, I-26369.]
PROTOCOLE DE MONTRÉAL RELATIF À
DES SUBSTANCES QUI
APPAUVRISSENT LA COUCHE
D'OZONE. MONTRÉAL, 16 SEPTEMBRE
1987 [Nations Unies, Recueil des Traités, vol.
1522, I-26369.]
AMENDMENT TO THE MONTREAL PROTOCOL
ON SUBSTANCES THAT DEPLETE THE OZONE
LAYER. MONTREAL, 17 SEPTEMBER 1997*
AMENDEMENT AU PROTOCOLE DE MONTRÉAL
RELATIF À DES SUBSTANCES QUI
APPAUVRISSENT LA COUCHE D'OZONE.
MONTRÉAL, 17 SEPTEMBRE 1997*
Entry into force: 10 November 1999, in
accordance with article 3(1)
Entrée en vigueur : 10 novembre 1999,
conformément au paragraphe 1 de l'article 3
Authentic texts: Arabic, Chinese, English,
French, Russian and Spanish
Textes authentiques : arabe, chinois, anglais,
français, russe et espagnol
Registration with the Secretariat of the
United Nations: ex officio, 10 November
1999
Enregistrement auprès du Secrétariat des
Nations Unies : d'office, 10 novembre 1999
* *
Volume 2054, A-26369
542
[ ENGLISH TEXT – TEXTE ANGLAIS ]
Decision I/L. Further adusgments_with regard.so Annex~ substances
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;
Peca9n IL2. Further adjustments with regard to Annex B substances
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;
Decision IX/. FrLher adjustments.and.reductions_with.regard
to the Annex E.substance
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;
Decision I/4. Further Amendment gt. .5he. Pr99col
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;
Volume 2054, A-26369
543
Annex I
ADJUSTMENTS AGREED AT THE NINTH MEETING OF THE PARTIES RELATING
TO CONTROLLED SUBSTANCES IN ANNEX A
Article 5, paragraph3
The following words shall be added at the end of paragraph 3 (a) of
Article 5 of the Protocol:
relating to consumption
The following subparagraph shall be added to paragraph 3 of Article 5
of the Protocol:
(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.
Volume 2054, A-26369
544
Annex II
ADJUSTMENTS AGREED AT THE NINTH MEETING OF THE PARTIES RELATING
TO CONTROLLED SUBSTANCES IN ANNEX B
Article5, paragraph 3
The following words shall be added at the end of paragraph 3 (b) of
Article 5 of the Protocol:
relating to consumption
The following subparagraph shall be added to paragraph 3 of Article 5
of the Protocol:
(d) For controlled substances under Annex B, either the average of
its annual calculated level of production for the period 1996 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.
Volume 2054, A-26369
545
Annex III
ADJUSTMENTS AGREED AT THE NINTH MEETING OF THE PARTIES RELATING
TO THE CONTROLLED SUBSTANCE IN ANNEX E
A. Article 2H; Methyl bromide
1. Paragraphs 2 to 4 of Article 2H of the Protocol shall be replaced by
the following paragraphs:
2. Each Party shall ensure that for the twelve-month period
commencing on I 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.
3J. Each Party shall ensure that for the twelve-month period
commencing on I 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 l 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 I 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
Volume 2054, A-26369
546
to satisfy the basic domestic needs of the Parties operating under
paragraph l of Article S, 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.
2. Paragraph 5 of Article 2H of the Protocol shall become paragraph 6.
B. Article.S,2aIAIapb8er(d)
• The following shall be inserted after paragraph 8 ter (d) (i) of
Article 5 of the Protocol:
(ii) Each Party operating under paragraph 1 of this Article
ahall 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;
2. Paragraph'8 ter (d' (ii) of Article 5 of the Protocol shall become
paragraph s tar (d) (iv).
Volume 2054, A-26369
547
Annex IV
AMENDMENT TO THE MONTREAL PROTOCOL ADOPTED BY THE NINTH MEETING
OF THE PARTIES
ARTICLE : AMENDMENT
A. Article 4,pAragraph 1.gua.
The following paragraph shall be inserted after paragraph 1 ter of
Article 4 of the Protocol:
I gla. 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.
B. Article 4paragraph 2 gs
The following paragraph shall be inserted after paragraph 2 ter of
Article 4 of the Protocol:
2 guA. Commencing one year after 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.
c. Article 4 paragraphs_5 6 and 2
In paragraphs 5, 6 and 7 of Article 4 of the Protocol, for the words:
and Group II of Annex C
there shall be substituted:
, Group II of Annex C and Annex E
D. Article4. paragraph.8
In paragraph 8 of Article 4 of the Protocol, for the words:
Article 2G
there shall be substituted:
Articles 2G and 2H
Volume 2054, A-26369
548
E. Article 4A: Control.of trade with Partieg
The following Article shall be added to the Protocol as Article 4A:
I. 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 of this Article shall apply without prejudice to the
operation of Article ll of the Convention and the non-compliance
procedure developed under Article 8 of the Protocol.
F. Article48: Licensing
The following Article shall be added to the Protocol as Article 48:
1. Each Party shall, by 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 I January 2005 and 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 2: RELATIONSHIP TO THE 1992 AMENDMENT
No State or regional economic integration organization may deposit an
instrument of ratification, acceptance, approval or accession to this
Amendment unless it has previously, or simultaneously, deposited such an
instrument to the Amendment adopted at the Fourth Meeting of the Parties in
Copenhagen, 25 November 1992.
Volume 2054, A-26369
549
ARTICLE 3J: ENTRY INTO FORCE
• This Amendment shall enter into force 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 on Substances that
Deplete the Ozone Layer. In the event that this condition has not been
fulfilled by that date, the Amendment shall enter into force on the ninetieth
day following the date on which it has been fulfilled.
2. For the purposes of paragraph 1, any such instrument deposited by a
regional economic integration organization shall not be counted as additional
to those deposited by member States of such organization.
3. After the entry into force of this Amendment, as provided under
paragraph 1, it shall enter into force for any other Party to the Protocol on
the ninetieth day following the date of deposit of its instrument of
ratification, acceptance or approval.
SUBSTANCES
LAYER. AMENDMENT TO THE MONTREAL PROTOCOL
3 1) Registration Multilatrral
MONTRItAL RELATIF
A APPAUVRISSENT
MONTREAL, SEPTEMBRE
MONTREAL
RELATIF A DES SUBSTANCES QUI
DECEMBRE Entree vigueur : conformment 1 l'article I'amendement Secretariat
1. 26369-Nations Traitds 26369
Volume 2173, A-26369
No. 26369. Multilateral
MONTREAL PROTOCOL ON SUBSTANCES
THAT DEPLETE THE
OZONE LA YER. MONTREAL, 16
SEPTEMBER 1987'
PROTOCOL
ON SUBSTANCES THAT DEPLETE THE
OZONE LAYER. BEIJING, 3 DECEMBER
1999
Entry into force : 25 February 2002, in
accordance with article 3 (I) of the
amendment (see following page)
Authentic texts : Arabic, Chinese,
English, French, Russian and Spanish
with the Secretariat of the
United Nations : ex officio, 25 February
2002
No. 26369. Multilat~ral
PROTOCOLE DE MONTR~AL RELATIF
A DES SUBSTANCES QUI APPAUVRISSENT
LA COUCHE
D'OZONE. MONTR~AL, 16 SEPTEMBRE
1987'
AMENDEMENT AU PROTOCOLE DE MONTR~
AL ~ APPAUVRISSENT LA COUCHE D'OZONE.
BEIJING, 3 D~CEMBRE 1999
Entr~e en vigueur: 25 f~vrier 2002,
conform~ment au paragraphe I de
]'article 3 de l'amendement (voir la page
suivante)
Textes authentiques : arabe, chinois,
anglais, fran~ais, russe et espagnol
Enregistrement aupr~s du Seer~tariat
des Nations Unies : d'office, 25 f~vrier
2002
I. United Nations, Treaty Series Vol. 1522, 1-26369 -Nations Unies, Recueil des Trait~s Vol. 1522,
1-26369
183
A-ENGLISH - ANGLAIS]
AMENDMENT TO THE MONTREAL PROTOCOL ON SUBSTANCES THAT
DEPLETE THE OZONE LAYER
1: paragraph 21
paragraph 8. Party producing period commencing 1 January period
production Group Annex
consumption substances
Group eight per consumption
(b) production Group point eight per production Group However, in order to satisfy the basic domestic needs of the Parties operating under
paragraph production may by up fifteen per cent of its calculated level of production of the controlled substances Group following 21. Each Party shall ensure that for the twelve-month period commencing on 1 January
2002, and in each twelvemonth period thereafter, its calculated level of consumption and
Volume 2173, 4-26369
[ ENGLISH TEXT TEXTE ANGLAIS ]
AMENDMENT TO THE MONTREAL PROTOCOL ON SUBSTANCES THAT
DEPLETE THE OZONE LA YER
Article Amendment
A. Article 2, 5
In paragraph 5 of Article 2 of the Protocol, for the words:
Articles 2A to 2E
there shall be substituted:
Articles 2A to 2F
B. Article 2, paragraphs 8(a) and 11
In paragraphs 3(a) and 11 of Article 2 of the Protocol, for the words:
Articles 2A to 2H
there shall be substituted:
Articles 2A to 2I
C. Article 2F, paragraph 8
The following shall be added after paragraph 7 of Article 2F of the Protocol:
Each one or more of these substances shall ensure that for the
twelve-month on I 2004, and in each twelve-month thereafter, its calculated level of of the controlled substances in I of Annex
C does not exceed, annually, the average of:
(a) The sum of its calculated level of in 1989 of the controlled substances
in I of Annex C and two point cent of its calculated level of in 1989 of the controlled substances in Group I of Annex A; and
The sum of its calculated level of in 1989 of the controlled substances
in I of Annex C and two cent of its calculated level of in
1989 of the controlled substances in I of Annex A.
1 of Article 5, its calculated level of exceed that limit to
in I
of Annex C as defined above.
D. Article 21
The Article shall be inserted after Article 2H of the Protocol:
Article 21: Bromochloromethane
I 202
Volume 2173, A-26369
production of the controlled substance in Group III of Annex C does not exceed zero. This
paragraph will apply save to the extent that the Parties decide to permit the level of production
or consumption that is necessary to satisfy uses agreed by them to be essential.
E. Article 3
In Article 3 of the Protocol, for the words:
Articles 2, 2A to 2H
there shall be substituted:
Articles 2, 2A to 21
F. Article 4, paragraphs I quin. and I sex.
The following paragraphs shall be added to Article 4 of the Protocol after paragraph
1 qua:
I quin. As of 1 January 2004, each Party shall ban import the controlled substances
in Group I of Annex C from any State not party to this Protocol.
I sex. Within one year of the date of entry force of this paragraph, each Party shall
ban the import of the controlled substance in Group III of Annex C from not party
to this Protocol.
G. Article 4, paragraphs 2 quin. and 2 sex.
The following paragraphs shall be added to Article 4 of the Protocol after 2 qua:
2 of 1 controlled substances
in Group I of Annex C to any State not party this Protocol.
2 sex. Within one year of the date entry into force of paragraph, shall
ban the export of the controlled substance in Group C party
to this Protocol.
H. Article 4, paragraphs 5 to 7
In Article II Annexes A, B, C and E
I. Article 4, 8
In 8 of Article Articles 2A to 21
J. Article 5, 4
Volume 2173, A-26369
production of the controlled substance in Group HI of Annex C does not exceed zero. This
paragraph will apply save to the extent that the Parties decide to permit the level of production
or consumption that is necessary to satisfy uses agreed by them to be essential.
E. Article 3
In Article 3 of the Protocol, for the words:
Articles 2, 2A to 2H
there shall be substituted:
Articles 2, 2A to 21
F. Article 4, paragraphs l quin. and l sex.
The following paragraphs shall be added to Article 4 of the Protocol after paragraph
l qua:
r quin. As of I January 2004, each Party shall ban the import of the controlled substances
in Group r of Annex C from any State not party to this Protocol.
r sex. Within one year of the date of entry into force of this paragraph, each Party shall
ban the import of the controlled substance in Group III of Annex C from any State not party
to this Protocol.
G. Article 4, paragraphs 2 quin. and 2 sex.
The following paragraphs shall be added to Article 4 of the Protocol after paragraph
2 qua:
2 quin. As of I January 2004, each Party shall ban the export of the controlled substances
in Group l of Annex C to any State not party to this Protocol.
2 sex. Within one year of the date of entry into force of this paragraph, each Party shall
ban the export of the controlled substance in Group III of Annex C to any State not party
to this Protocol.
H. Article 4, paragraphs 5 to 7
In paragraphs 5 to 7 of Article 4 of the Protocol, for the words:
Annexes A and B, Group rr of Annex C and Annex E
there shall be substituted:
Annexes A, B, C and E
r. Article 4, paragraph 8
In paragraph 8 of Article 4 of the Protocol, for the words:
Articles 2A to 2E, Articles 2G and 2H
there shall be substituted:
Articles 2A to 2I
J. Article 5, paragraph 4
In paragraph 4 of Article 5 of the Protocol, for the words:
Articles 2A to 2H
there shalt be substituted:
203
A-21
21
1 1 comply
compliance with these control measures, it shall use the average of its calculated levels of
production 21
sentence of paragraph 3 of Article
Each Party shall provide to the Secretariat statistical data on the annual amount of the
E pre-shipment applications.
10
paragraph I 10 Articles 2A to 2E
Articles 2A to 2E and Article 21
17 there shall be substituted:
21
Volume 2173, 4-26369
Articles 2A to 2I
K. Article 5, paragraphs 5 and 6
In paragraphs 5 and 6 of Article 5 of the Protocol, for the words:
Articles 2A to 2E
there shall be substituted:
Articles 2A to 2E and Article 2I
L. Article 5, paragraph 8 ter (a)
The following sentence shall be added at the end of subparagraph 8 ter ( a) of Article 5
of the Protocol:
As of I January 2016 each Party operating under paragraph I of this Article shall comply
with the control measures set out in paragraph 8 of Article 2F and, as the basis for its
and consumption in 2015;
M. Article 6
In Article 6 of the Protocol, for the words:
Articles 2A to 2H
there shall be substituted:
Articles 2A to 2I
N. Article 7, paragraph 2
In paragraph 2 of Article 7 of the Protocol, for the words:
Annexes B and C
there shall be substituted:
Annex B and Groups I and II of Annex C
0. Article 7, paragraph 3
The following sentence shall be added after the first 7 of the Protocol:
controlled substance listed in Annex used for quarantine and P. Article I 0
In of Article IO of the Protocol, for the words:
there shall be substituted:
2I
Q. Article 17
In Article I7 of the Protocol, for the words:
Articles 2A to 2H
Articles 2A to 2I
204
ratification, acceptance or approval previously,
1. deposited
condition
has not been fulfilled by that date, the ninetieth
purposes paragraph economic
shall enter into force for any other Party to the Protocol Volume 2173, A-26369
R. Annex C
The following group shall be added to Annex C to the Protocol:
Group
Group III
CH2BrCI
Substance
bromochloromethane
Number of Isomers Ozone-Depleting
Potential
0.12
Article 2: Relationship to the 1997 Amendment
No State or regional economic integration organization may deposit an instrument of
of or accession to this Amendment unless it has previously,
or simultaneously, deposited such an instrument to the Amendment adopted at the
Ninth Meeting of the Parties in Montreal, 17 September 1997.
Article 3: Entry into force
This Amendment shall enter into force on I January 2001, provided that at least
twenty instruments of ratification, acceptance or approval of the Amendment have been deposited
by States or regional economic integration organizations that are Parties to the
Montreal Protocol on Substances that Deplete the Ozone Layer. In the event that this condition
Amendment shall enter into force on the ninetieth
day following the date on which it has been fulfilled.
2. For the of 1, any such instrument deposited by a regional economic
integration organization shall not be counted as additional to those deposited by
member States of such organization.
3. After the entry into-force of this Amendment, as provided under paragraph 1, it
on the ninetieth day following the
date of deposit of its instrument of ratification, acceptance or approval.
205
Volume 2117, A-26369
No. 26369. Multilateral
MONTREAL PROTOCOL ON SUBSTANCES
THAT DEPLETE THE
OZONE LAYER. MONTREAL, 16
SEPTEMBER 1987'
ADJUSTMENTS TO THE ABOVE PROTOCOL.
BEIJING, 3 DECEMBER 1999
Entry into force : 28 July 2000
Authentic texts : Arabic, Chinese,
English, French, Russian and Spanish
Registration with the Secretariat of the
United Nations : ex officio, 28 July
2000
No. 26369. Multilat6ral
PROTOCOLE DE MONTRAL RELATIF
A DES SUBSTANCES QUI APPAUVRISSENT
LA COUCHE
D'OZONE. MONTREAL, 16 SEPTEMBRE
1987'
AJUSTEMENTS AU PROTOCOLE SUSMENTIONNE.
BEIJING, 3 DECEMBRE 1999
Entre en vigueur : 28 juillet 2000
Textes authentiques : arabe, chinois,
anglais, frangais, russe et espagnol
Enregistrement aupr~s du Secretariat
des Nations Unies : d'office, 28 juillet
2000
1. United Nations, Treaty Series. Vol. 1522, No. 1-26369 - Nations Unies, Recueil des Traitds,
Vol. 1522, no 1-26369.
Volume 2117, A-26369
No. 26369. Multilateral
MONTREAL PROTOCOL ON SUBSTANCES
THAT DEPLETE THE
OZONE LA YER. MONTREAL, 16
SEPTEMBER 1987!
ADJUSTMENTS TO THE ABOVE PROTOCOL.
BEIJING, 3 DECEMBER 1999
Entry into force : 28 July 2000
Authentic texts: Arabic, Chinese,
English, French, Russian and Spanish
Registration with the Secretariat of the
United Nations : ex officio, 28 July
2000
No. 26369. Multilat~ral
PROTOCOLE DE MONTR~AL RELATIF
A DES SUBSTANCES QUI APPAUVRISSENT
LA COUCHE
D'OZONE. MONTR~AL, 16 SEPTEMBRE
1987!
AJUSTEMENTS AU PROTOCOLE SUSMENTIONN~.
BEIJING, 3 D~CEMBRE 1999
Entr~e en vigueur : 28 juillet 2000
Textes authentiqnes : arabe, chinois,
anglais, fran~ais, russe et espagnol
Enregistrement aupr~s du Secr~tariat
des Nations Unies : d'office, 28 juillet
2000
• United Nations, Treaty Series, Vol. 1522, No. 1-26369 Nations Unies, Recueil des Trait~s,
Vol. 1522, no 1-26369.
410
ENGLISH - ANGLAIS TO CONTROLLED
SUBSTANCES IN ANNEX A
paragraph quantity
paragraphs Protocol:
2003 and in each twelve-month period thereafter, its calculated level of production Group operating
per average
2005 and in each twelve-month period thereafter, its calculated level of production of the
controlled substances in Group I of Annex A for the basic domestic needs of the Parties operating
paragraph 2007 and in each twelve-month period production Group operating
paragraph per average
8. Each Party, shall ensure that for the twelve-month period commencing 1 January
2010 and in each twelve-month period thereafter, its calculated level of production of the
controlled operating,
purposes calculating paragraphs Article, the calculation of the annual average production by any production
paragraph excludes
any production entitlements that it has acquired in accordance with paragraph Volume 2117, A-26369
[ ENGLISH TEXT TEXTE ANGLAIS ]
ADJUSTMENTS TO THE MONTREAL PROTOCOL ON SUBSTANCES
THAT DEPLETE THE OZONE LAYER RELATING TO CONTROLLED
SUBSTANCES IN ANNEX A
A. Article 2A: CFCs
1. The third sentence of paragraph 4 of Article 2A of the Protocol shall be replaced by
the followingsentence:
However, in order to satisfy the basic domestic needs of the Parties operating under
I of Article 5, its calculated level of production may exceed that limit by a quantity
equal to the annual average of its production of the controlled substances in Group I of
Annex A for basic domestic needs for the period 1995 to 1997 inclusive.
2. The following shall be added after paragraph 4 of Article 2A of the Protocol:
5. Each Party shall ensure that for the twelve-month period commencing on 1 January
of the
controlled substances in I of Annex A for the basic domestic needs of the Parties operating
under paragraph I of Article 5 does not exceed eighty cent of the annual of its production of those substances for basic domestic needs for the period 1995 to 1997
inclusive.
6. Each Party shall ensure that for the twelve-month period commencing on 1 January
operating
under 1 of Article 5 does not exceed fifty per cent of the annual average
of its production of those substances for basic domestic needs for the period 1995 to 1997
inclusive.
7. Each Party shall ensure that for the twelve-month period commencing on 1 January
thereafter, its calculated level of of the
controlled substances in I of Annex A for the basic domestic needs of the Parties operating
under 1 of Article 5 does not exceed fifteen cent of the annual of its production of those substances for basic domestic needs for the period 1995 to 1997
inclusive.
on I substances in Group I of Annex A for the basic domestic needs of the Parties operating,
under paragraph I of Article 5 does not exceed zero.
9. For the of basic domestic needs under 4 to 8 of this
of a Party includes production
entitlements that it has transferred in accordance with 5 of Article 2, and excludes
5 of
Article 2.
419
Volume 2117, A-26369
B. Article 2B: Halons
1. The third sentence of paragraph 2 of Article 2B of the Protocol shall be replaced by
the followingsentence:
However, in order to satisfy the basic domestic needs of the Parties operating under
paragraph I of Article 5, its calculated level of production may, until I January 2002 exceed
that limit by up to fifteen per cent of its calculated, level of production in 1986; thereafter,
it may exceed that limit by a quantity equal to the annual average of its production of the
controlled substances in Group II of Annex A for basic domestic needs for the period 1995
to 1997 inclusive.
2. The following paragraphs shall be added after paragraph 2 of Article 2B of the
Protocol:
3. Each Party shall ensure that for the twelve-month period commencing on I January
2005 and in each twelve-month period thereafter, its calculated level of production of the
controlled substances in Group Il of Annex A for the basic domestic needs of the Parties
operating under paragraph I of Article 5 does not exceed fifty per cent of the annual average
of its production of those substances for basic domestic needs for the period 1995 to 1997
inclusive,
4. Each Party shall ensure that for the twelve-month period commencing on I January
2010 and in each twelve-month period thereafter, its calculated level of production of the
controlled substances in Group 11 of Annex A for the basic domestic needs of the Parties
operating under paragraph I of Article 5 does not exceed zero.
Volume 2117, A-26369
B. Article 2B: Halons
I. The third sentence of paragraph 2 of Article 2B of the Protocol shall be replaced by
the followingsentence:
However, in order to satisfy the basic domestic needs of the Parties operating under
paragraph I of Article 5, its calculated level of production may, until I January 2002 exceed
that limit by up to fifteen per cent of its calculated. level of production in 1986; thereafter,
it may exceed that limit by a quantity equal to the annual average of its production of the
controlled substances in Group II of Annex A for basic domestic needs for the period 1995
to 1997 inclusive.
2. The following paragraphs shall be added after paragraph 2 of Article 2B of the
Protocol:
3. Each Party shall ensure that for the twelve-month period commencing on I January
2005 and in each twelve-month period thereafter, its calculated level of production of the
controlled substances in Group II of Annex A for the basic domestic needs of the Parties
operating under paragraph I of Article 5 does not exceed fifty per cent of the annual average
of its production of those substances for basic domestic needs for the period 1995 to 1997
inclusive,
4. Each Party shall ensure that for the twelve-month period commencing on I January
20 IO and in each twelve-month period thereafter, its calculated level of production of the
controlled substances in Group l l of Annex A for the basic domestic needs of the Parties
operating under paragraph I of Article 5 does not exceed zero.
420
Volume 2117, A-26369
ADJUSTMENTS TO THE MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE
THE, OZONE LAYER RELATING TO CONTROLLED SUBSTANCES IN
ANNEX B
Article 2C: Other fully halogenated CFCs
1. The third sentence of paragraph 3 of Article 2C of the Protocol shall be replaced by
the followingsentence:
However, in order to satisfy the basic domestic needs of the Parties operating under
paragraph I of Article 5, its calculated level of production may, until 1 January 2003 exceed
that limit by up to fifteen per cent of its calculated level of production in 1989; thereafter,
it may exceed that limit by a quantity equal to eighty per cent of the annual average of its
production of the controlled substances in Group I of Annex B for basic domestic needs for
the period 1998 to 2000 inclusive.
2. The following paragraphs shall be added after paragraph 3 of Article 2C of the
Protocol:
4. Each Party shall ensure that for the twelve-month period commencing on I January
2007 and in each twelve-month period thereafter, its calculated level of production of the
controlled substances in Group I of Annex B for the basic domestic needs of the Parties operating
under paragraph I of Article 5 does not exceed fifteen per cent of the annual average
of its production of those substances for basic domestic needs for the period 1998 to 2000
inclusive.
5. Each Party shall ensure that for the twelve-month period commencing on 1 January
2010 and in each twelve-month period thereafter, its calculated level of production of the
controlled substances in Group I of Annex B for the basic domestic needs of the Parties operating
under paragraph 1 of Article 5 does not exceed zero.
Volume 2117, A-26369
ADJUSTMENTS TO THE MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE
THE, OZONE LA YER RELATING TO CONTROLLED SUBSTANCES IN
ANNEX B
Article 2C: Other fully halogenated CFCs
1. The third sentence of paragraph 3 of Article 2C of the Protocol shall be replaced by
the followingsentence:
However, in order to satisfy the basic domestic needs of the Parties operating under
paragraph I of Article 5, its calculated level of production may, until I January 2003 exceed
that limit by up to fifteen per cent of its calculated level of production in I 989; thereafter,
it may exceed that limit by a quantity equal to eighty per cent of the annual average of its
production of the controlled substances in Group I of Annex B for basic domestic needs for
the period 1998 to 2000 inclusive.
2. The following paragraphs shall be added after paragraph 3 of Article 2C of the
Protocol:
4. Each Party shall ensure that for the twelve-month period commencing on I January
2007 and in each twelve-month period thereafter, its calculated level of production of the
controlled substances in Group I of Annex B for the basic domestic needs of the Parties operating
under paragraph I of Article 5 does not exceed fifteen per cent of the annual average
of its production of those substances for basic domestic needs for the period 1998 to 2000
inclusive.
5. Each Party shall ensure that for the twelve-month period commencing on I January
2010 and in each twelve-month period thereafter, its calculated level of production of the
controlled substances in Group I of Annex B for the basic domestic needs of the Parties operating
under paragraph I of Article 5 does not exceed zero.
421
Volume 2117, A-26369
ADJUSTMENTS TO THE MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE
THE OZONE LAYER RELATING TO THE CONTROLLED SUBSTANCE IN
ANNEX E
Article 2H: Methyl bromide
The third sentence of paragraph 5 of Article 2H of the Protocol shall be replaced by the
following sentence:
However, in order to satisfy the basic domestic needs of the Parties operating under
paragraph I of Article 5, its calculated level of production may, until I January 2002 exceed
that limit by up to fifteen per cent of its calculated level of production in 1991; thereafter,
it may exceed that limit by a quantity equal to the annual average of its production of the
controlled substance in Annex E for basic domestic needs for the period 1995 to 1998 inclusive.
2. The following paragraphs shall be added after paragraph 5 of Article 2H of the Protocol:
5 bis. Each Party shall ensure that for the twelve-month period commencing on I January
2005 and in each twelve-month period thereafter, its calculated level of production of
the controlled substance in Annex E for the basic domestic needs of the Parties operating
under paragraph I of Article 5 does not exceed eighty per cent of the annual average of its
production of the substance for basic domestic needs for the period 1995 to 1998 inclusive.
5 ter. Each Party shall ensure that for the twelve-month period commencing on 1 January
2015 and in each twelve-month period thereafter, its calculated level of production of
the controlled substance in Annex E for the basic domestic needs of the Parties operating
under paragraph I of Article 5 does not exceed zero.
Volume 2117, A-26369
ADJUSTMENTS TO THE MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE
THE OZONE LA YER RELATING TO THE CONTROLLED SUBSTANCE IN
ANNEXE
Article 2H: Methyl bromide
The third sentence of paragraph 5 of Article 2H of the Protocol shall be replaced by the
following sentence:
However, in order to satisfy the basic domestic needs of the Parties operating under
paragraph I of Article 5, its calculated level of production may, until I January 2002 exceed
that limit by up to fifteen per cent of its calculated level of production in 1991; thereafter,
it may exceed that limit by a quantity equal to the annual average of its production of the
controlled substance in Annex E for basic domestic needs for the period 1995 to 1998 inclusive.
2. The following paragraphs shall be added after paragraph 5 of Article 2H of the Protocol:
5 bis. Each Party shall ensure that for the twelve-month period commencing on I January
2005 and in each twelve-month period thereafter, its calculated level of production of
the controlled substance in Annex E for the basic domestic needs of the Parties operating
under paragraph I of Article 5 does not exceed eighty per cent of the annual average of its
production of the substance for basic domestic needs for the period 1995 to 1998 inclusive.
5 ter. Each Party shall ensure that for the twelve-month period commencing on 1 January
2015 and in each twelve-month period thereafter, its calculated level of production of
the controlled substance in Annex E for the basic domestic needs of the Parties operating
under paragraph I of Article 5 does not exceed zero.
422
(XXVII.2.e)
Attention: Treaty Services of Ministries of Foreign Affairs and of international organizations concerned.
Depositary notifications are made available to the Permanent Missions to the United Nations at the
following e-mail address: [email protected].
Reference: C.N.13.2004.TREATIES-2 (Depositary Notification)
AMENDMENT TO THE MONTREAL PROTOCOL ON SUBSTANCES THAT
DEPLETE THE OZONE LAYER
BEIJING, 3 DECEMBER 1999
RECTIFICATION OF THE ORIGINAL OF THE AMENDMENT (FRENCH VERSION) AND OF THE
CERTIFIED TRUE COPIES
The Secretary-General of the United Nations, acting in his capacity as depositary, and with
reference to depositary notification C.N.1231.1999.TREATIES-1 of 28 January 2000, transmitting the
text of the above-mentioned Amendment, communicates the following:
It has come to the attention of the Secretary-General that the French version of the authentic
text of the Amendment as well as the certified true copies of the Amendment established on
3 December 1999, contains an error.
..... A copy of the corresponding procès-verbal of rectification is attached.
8 January 2004
Note that annexes to the depositary notifications are
distributed in hard copy format only. The hard copy versions of the depositary notifications are
available for pick-up by the Permanent Missions in Room NL-300. Such notifications are also available
in the United Nations Treaty Collection on the Internet at http://untreaty.un.org.
UNITED NATIONS NATIONS UNIES
POSTAL ADDRESS ADRESSE POSTALE UNITED NATIONS, N.Y. 10OIT
CABLE ADDRESS-ADRESSE TELEGRAPHIQUE UNATIONS NEWYORK
U N I T E D N A T I O N S
AMENDMENT TO THE MONTREAL PROTOCOL ON
SUBSTANCES THAT DEPLETE THE OZONE LAYER
ADOPTED AT BEIJING ON 3 DECEMBER 1999
PROCES-VERBAL OF RECTIFICATION
OF THE ORIGINAL OF THE AMENDMENT
N A T I O N S U N I E S
AMENDEMENT AU PROTOCOLE DE MONTREAL
RELATIF A DBS SUBSTANCES QUI
APPAUVRISSENT LA COUCHE D'OZONE
ADOPTS A DECEMBRE PROCES-VERBAL DE RECTIFICATION
DE L'ORIGINAL DE L'AMENDEMENT
THE SECRETARY-GENERAL OF THE UNITED
NATIONS, acting in his capacity as
depositary of the Amendment to the
Montreal Protocol on Substances that
Deplete the Ozone Layer, adopted at
Beijing on 3 December 1999 (Amendment),
LE SECRETAIRE GENERAL DE L'ORGANISATION
DBS NATIONS UNIES, agissant en sa qualite
de depositaire de 1'Amendement au
Protocole de Montreal relatif a des
substances qui appauvrissent la couche
adopte a decembre
1999 (Amendement),
WHEREAS it appears that article 3,
paragraph 3 of the original of the
Amendment (authentic French text)
contains an error,
CONSIDERANT que paragraphe 3 de
1'article 3 de 1'original de 1'Amendement
(texte authentique francais), comporte
une erreur.
WHEREAS the certified true copies of
the original of the said Amendment were
transmitted to all States concerned by
d e p o s i t a r y n o t i f i c a t i o n
C.N.1231.1999.TREATIES-1 of 28 January
2000,
CONSIDERANT que les exemplaires
certifies conformes dudit Amendement ont
ete a Etats
interesses par notification depositaire
C.N.1231.1999.TREATIES-1 du 28 janver
2000,
HAS CAUSED the correction indicated in
the annex to this Proces-verbal to be
effected in the original of the said
Amendment, which correction also applies
to the certified true copies of the
Amendment established on 3 December 1999.
A FAIT PROCEDER dans 1'original dudit
Amendement a la correction indiquee en
annexe au present proces-verbal, laquelle
correction s'applique egalement aux
exemplaires certifies conformes de
1'Amendement etablis le 3 decembre 1999.
IN WITNESS WHEREOF, I,
Hans Corell, Under-Secretary-General,
the Legal Counsel, have signed this
Proces-verbal.
EN FOI DE QUOI, Nous,
Hans Corell, Secretaire general adjoint,
Conseiller juridique, avons signe le
present proces-verbal.
Done at the Headquarters of the United
Nations, New York, on 9 January 2004.
Fait au Siege de 1' Organisation des
Nations Unies, a New York, le 9 Janvier
2004,
Hans Corell
\
UNITED NATIONS NATIONS UNIES
AMENDMENT TO THE MONTREAL PROTOCOL ON
SUBSTANCES THAT DEPLETE THE OZONE LAYER
ADOPTED AT BEIJING ON 3 DECEMBER 1999
PROC~S-VERBAL OF RECTIFICATION
OF THE ORIGINAL OF THE AMENDMENT
THE SECRETARY-GENERAL OF THE UNITED
NATIONS, acting in his capacity as
depositary of the Amendment to the
Montreal Protocol on Substances that
Deplete the Ozone Layer, adopted at
Beijing on 3 December 1999 (Amendment),
AMENDEMENT AU PROTOCOLE DE MONTR~AL
RELATIF A DES SUBSTANCES QUI
APPAUVRISSENT LA COUCHE D' OZONE
ADOPT~ ~ BEIJING LE 3 D~CEMBRE 1999
PROC~S-VERBAL DE RECTIFICATION
DE L'ORIGINAL DE L'AMENDEMENT
LE SECR~TAIRE G~N~RAL DE L'ORGANISATION
DES NATIONS UNIES, agissant en sa qualit~
de d~positaire de l'Amendement au
Protocole de Montr~al relatif ~ des
substances qui appauvrissent la couche
d'ozone, adopt~ ~ Beijing le 3 d~cembre
1999 (Amendement),
WHEREAS
paragraph
Amendment
it appears that article 3,
3 of the original of the
(authentic French text)
CONSID~RANT que paragraphe 3 de
l'article 3 de l'original de l'Amendement
(texte authentique fran~ais), comporte
contains an error, une erreur,
WHEREAS the certified true copies of
the original of the said Amendment were
transmitted to all States concerned by
depositary notification
€.N.1231.1999.TREATIES-1 of 28 January
2000,
HAS CAUSED the correction indicated in
the annex to this Proc~s-verbal to be
effected in the original of the said
Amendment, which correction also applies
to the certified true copies of the
Amendment established on 3 December 1999.
CONSID~RANT que les exemplaires
certifi~s conformes dudit Amendement ont
~t~ communiques ~ tous les ~tats
int~ress~s par notification d~positaire
€.N.1231.1999.TREATIES-1 du 28 janver
2000,
A FAIT PROC~DER dans l'original dudit
Amendement ~ la correction indiqu~e en
annexe au pr~sent proc~s-verbal, laquelle
correction s'applique ~galement aux
exemplaires certifi~s conformes de
l'Amendement ~tablis le 3 d~cembre 1999.
IN WITNESS WHEREOF, I,
Hans Corell, Under-Secretary-General,
the Legal Counsel, have signed this
Proc~s-verbal.
EN FOI DE QUOI, Nous,
Hans Corell, Secr~taire
Conseiller juridique,
pr~sent proc~s-verbal.
g~n~ral adjoint,
avons sign~ le
Done at the Headquarters of the United
Nations, New York, on 9 January 2004.
Fait au Si~ge de l'Organisation des
Unies, ~ New York, le 9 janvier
Hans Corell
I3.2004.fran^[AUTHENTIC FRENCH TEXT - TEXTE AUTHENTIQUE FRANCAIS]
I'article suit:
"3 . Posterieurement a entree prevu dixieme C.N.13.2004.TREATIES-2 (Annex - Annexe)
Rectification of the authentic French text of the Amendment - Rectification du texte
authentique fran~ais de PAmendement
[AUTHENTIC FRENCH TEXT -- TEXTE AUTHENTIQUE FRAN~AIS]
Article 3, paragraph 3 should read as follows : - Paragraphe 3 de l'article 3 devrait
se lire comme suit :
3, Post~rieurement ~ son entr~e en vigueur, tel que pr~vu au paragraphe 1,
le present instrument entre en vigueur pour toute autre Partie au Protocole le
quatre-vingt-dixi~me jour suivant la date de son instrument de ratification,
d'acceptation ou d'approbation."
Volume 2518, A-26369
63
ADJUSTMENTS TO THE MONTREAL PROTOCOL
ON SUBSTANCES THAT DEPLETE
THE OZONE LAYER. MONTREAL,
21 SEPTEMBER 2007
ADJUSTEMENTS AU PROTOCOLE DE
MONTRÉAL RELATIF À DES SUBSTANCES
QUI APPAUVRISSENT LA COUCHE
D'OZONE. MONTRÉAL, 21 SEPTEMBRE
2007
Entry into force: 14 May 2008, in accordance
with Article 2(9)
Entrée en vigueur : 14 mai 2008,
conformément au paragraphe 9 de l'article
2
Authentic texts: Arabic, Chinese, English,
French, Russian and Spanish
Textes authentiques : arabe, chinois, anglais,
français, russe et espagnol
Registration with the Secretariat of the
United Nations: ex officio, 14 May
2008
Enregistrement auprès du Secrétariat
des Nations Unies : d'office, 14 mai
2008
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Volume 2518, A-26369
75
[ ENGLISH TEXT – TEXTE ANGLAIS ]
Decision XIX/6: Adjustments to the Montreal Protocol with regard to Annex C, Group I, substances
(hydrochloroflluorocarbons)
The Parties agree to accelerate the phase-out of production and consumption of
hydrochlorofluorocarbons (HCFCs), by way of an adjustment in accordance with paragraph
9 of Article 2 of the Montreal Protocol and as contained in annex III to the report of the
Nineteenth Meeting of the Parties, on the basis of the following:
1. For Parties operating under paragraph 1 of Article 5 of the Protocol (Article 5
Parties), to choose as the baseline the average of the 2009 and 2010 levels of, respectively,
consumption and production; and
2. To freeze, at that baseline level, consumption and production in 2013;
3. For Parties operating under Article 2 of the Protocol (Article 2 Parties) to have
completed the accelerated phase-out of production and consumption in 2020, on the basis of
the following reduction steps:
(a) By 2010 0f 75 per cent;
(b) By 2015 of 90 per cent;
(c) While allowing 0.5 per cent for servicing the period 2020-2030;
4. For Article 5 Parties to have completed the accelerated phase-out of production
and consumption in 2030, on the basis of the following reduction steps:
(a) By 2015 of 10 per cent;
(b) By 2020 0f 35 per cent;
( c) By 2025 of 67 .5 per cent;
(d) While allowing for servicing an annual average of2.5 per cent during the period
2030-2040;
5. To agree that the funding available through the Multilateral Fund for the
Implementation of the Montreal Protocol in the upcoming replenishments shall be stable
and sufficient to meet all agreed incremental costs to enable Article 5 Parties to comply
with the accelerated phase-out schedule both for production and consumption sectors as set
out above, and based on that understanding, to also direct the Executive Committee of the
Multilateral Fund to make the necessary changes to the eligibility criteria related to the
post-1995 facilities and second conversions;
6. To direct the Executive Committee, in providing technical and financial
assistance, to pay particular attention to Article 5 Parties with low volume and very low
volume consumption ofHCFCs;
7. To direct the Executive Committee to assist Parties in preparing their phase-out
management plans for an accelerated HCFC phase-out;
8. To direct the Executive Committee, as a matter of priority, to assist Article 5
Parties in conducting surveys to improve reliability in establishing their baseline data on
HCFCs;
9. To encourage Parties to promote the selection of alternatives to HCFCs that
minimize environmental impacts, in particular impacts on climate, as well as meeting other
health, safety and economic considerations;
10. To request Parties to report regularly on their implementation of paragraph 7 of
Article 2F of the Protocol;
Volume 2518, A-26369
76
11. To agree that the Executive Committee, when developing and applying funding
criteria for projects and programmes, and taking into account paragraph 6, give priority to
cost-effective projects and programmes which focus on, inter alia:
(a) Phasing-out first those HCFCs with higher ozone-depleting potential, taking into
account national circumstances;
(b) Substitutes and alternatives that minimize other impacts on the environment,
including on the climate, taking into account global-warming potential, energy use and
other relevant factors;
( c) Small and medium-size enterprises;
12. To agree to address the possibilities or need for essential use exemptions, no
later than 2015 where this relates to Article 2 Parties, and no later than 2020 where this
relates to Article 5 Parties;
13. To agree to review in 2015 the need for the 0.5 per cent for servicing provided
for in paragraph 3, and to review in 2025 the need for the annual average 0f 2.5 per cent for
servicing provided for in paragraph 4 ( d);
14. In order to satisfy basic domestic needs, to agree to allow for up to 10% of
baseline levels until 2020, and, for the period after that, to consider no later than 2015
further reductions of production for basic domestic needs;
15. In accelerating the HCFC phase-out, to agree that Parties are to take every
practicable step consistent with Multilateral Fund programmes, to ensure that the best
available and environmentally-safe substitutes and related technologies are transferred from
Article 2 Parties to Article 5 Parties under fair and most favourable conditions;
Volume 2518, A-26369
77
Annex III
Adjustments agreed by the Nineteenth Meeting of the Parties relating to
the controlled substances in group I of Annex C of the Montreal
Protocol (hydrochlorofluorocarbons)
The Nineteenth Meeting of the Parties to the Montreal Protocol on Substances that
Deplete the Ozone Layer decides to adopt, in accordance with the procedure laid down in
paragraph 9 of Article 2 of the Montreal Protocol, and on the basis of assessments made
pursuant to Article 6 of the Protocol, adjustments and reductions of production and
consumption of the controlled substances in Group I of Annex C to the Protocol, as follows:
Article 2F: Hydrochlorofluorocarbons
1. The current paragraph 8 of Article 2F of the Protocol shall become paragraph 2,
and the current paragraph 2 shall become paragraph 3.
2. The current paragraphs 3 to 6 shall be replaced by the following paragraphs,
which shall be numbered paragraphs 4 to 6:
"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 substances in Group I of Annex C does not exceed,
annually, twenty-five per cent of the sum referred to in paragraph 1 ofthis Article.
Each Party producing one or more of these substances shall, for the same periods,
ensure that its calculated level of production of the controlled substances in Group I
of Annex C does not exceed, annually, twenty-five per cent of the calculated level
referred to in paragraph 2 of this Article. However, in order to satisfy the basic
domestic needs of the Parties operating under paragraph 1 of Article 5, its calculated
level of production may exceed that limit by up to ten per cent of its calculated level
of production of the controlled substances in Group I of Annex C as referred to in
paragraph 2.
5. Each Party shall ensure that for the twelve-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. Each
Party producing one or more of these substances shall, for the same periods, ensure
that its calculated level of production of the controlled substances in Group I of
Annex C does not exceed, annually, ten per cent of the calculated level referred to in
paragraph 2 of this Article. However, in order to satisfy the basic domestic needs of
the Parties operating under paragraph 1 of Article 5, its calculated level of
production may exceed that limit by up to ten per cent of its calculated level of
production of the controlled substances in Group I of Annex C as referred to in
paragraph 2.
6. Each Party shall ensure that for the twelve-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
zero. Each Party producing one or more of these substances shall, for the same
periods, ensure that its calculated level of production of the controlled substances in
Group I of Annex C does not exceed zero. However:
(a) Each Party may exceed that limit on consumption by up to zero point
five per cent of the sum referred to in paragraph 1 of this Article in any such twelvemonth
period ending before 1 January 2030, provided that such consumption shall
Volume 2518, A-26369
78
be restricted to the servicing of refrigeration and air-conditioning equipment existing
on 1 January 2020;
(b) Each Party may exceed that limit on production by up to zero point five
per cent of the average referred to in paragraph 2 of this Article in any such twelvemonth
period ending before 1 January 2030, provided that such production shall be
restricted to the servicing of refrigeration and air-conditioning equipment existing on
1 January 2020."
Article 5: Special situation of developing countries
3. The current sub-paragraphs (a) and (b) of paragraph 8 ter of Article 5 shall be
replaced by the following sub-paragraphs, which shall become sub-paragraphs (a) to
(e):
"(a) Each Party operating under paragraph 1 of this Article shall ensure that
for the twelve-month period commencing on 1 January 2013, and in each twelvemonth
period thereafter, its calculated level of consumption of the controlled
substances in Group I of Annex C does not exceed, annually, the average of its
calculated levels of consumption in 2009 and 2010. Each Party operating under
paragraph 1 of this Article shall ensure that for the twelve-month period
commencing on 1 January 2013 and in each twelve-month period thereafter, its
calculated level of production of the controlled substances in Group I of Annex C
does not exceed, annually, the average of its calculated levels of production in 2009
and 2010;
(b) Each Party operating under paragraph 1 of this Article shall ensure that
for the twelve-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, ninety per cent of the
average of its calculated levels of consumption in 2009 and 2010. Each such Party
producing one or more of these substances shall, for the same periods, ensure that its
calculated level of production of the controlled substances in Group I of Annex C
does not exceed, annually, ninety per cent of the average of its calculated levels of
production in 2009 and 201 0;
( c) Each Party operating under paragraph 1 of this Article 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, sixty-five per cent of
the average of its calculated levels of consumption in 2009 and 2010. Each such
Party producing one or more of these substances shall, for the same periods, ensure
that its calculated level of production of the controlled substances in Group I of
Annex C does not exceed, annually, sixty-five per cent of the average of its
calculated levels of production in 2009 and 2010;
( d) Each Party operating under paragraph 1 of this Article shall ensure that
for the twelve-month period commencing on 1 January 2025, 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-two point five
per cent of the average of its calculated levels of consumption in 2009 and 2010.
Each such Party producing one or more of these substances shall, for the same
periods, ensure that its calculated level of production of the controlled substances in
Group I of Annex C does not exceed, annually, thirty-two point five per cent of the
average of its calculated levels of production in 2009 and 201 0;
( e) Each Party operating under paragraph 1 of this Article 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
Volume 2518, A-26369
79
substances in Group I of Annex C does not exceed zero. Each such Party producing
one or more of these substances shall, for the same periods, ensure that its calculated
level of production of the controlled substances in Group I of Annex C does not
exceed zero. However:
(i) Each such Party may exceed that limit on consumption in any such
twelve-month period so long as the sum of its calculated levels of consumption over
the ten-year period from 1 January 2030 to 1 January 2040, divided by ten, does not
exceed two point five per cent of the average of its calculated levels of consumption
in 2009 and 2010, and provided that such consumption shall be restricted to the
servicing of refrigeration and air-conditioning equipment existing on 1 January
2030;
(ii) Each such Party may exceed that limit on production in any such
twelve-month period so long as the sum of its calculated levels of production over
the ten-year period from 1 January 2030 to 1 January 2040, divided by ten, does not
exceed two point five per cent of the average of its calculated levels of production in
2009 and 2010, and provided that such production shall be restricted to the servicing
of refrigeration and air-conditioning equipment existing on 1 January 2030."
4. The current sub-paragraphs (c) and (d) of paragraph 8 ter of Article 5 shall
become sub-paragraphs (f) and (g).
Attention: Treaty Services of Ministries of Foreign Affairs and of international organizations
concerned. Depositary notifications are issued in electronic format only. Depositary notifications are
made available to the Permanent Missions to the United Nations in the United Nations Treaty
Collection at https://treaties.un.org, under "Depositary Notifications (CNs)". In addition, the Permanent
Missions, as well as other interested individuals, can subscribe to receive depositary notifications by email
through the Treaty Section's "Automated Subscription Services", which is also available at
https://treaties.un.org/Pages/Login.aspx?lang=_en.
Reference: C.N.872.2016.TREATIES-XXVII.2.f (Depositary Notification)
MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE
LAYER. MONTREAL, 16 SEPTEMBER 1987
AMENDMENT TO THE MONTREAL PROTOCOL ON SUBSTANCES THAT
DEPLETE THE OZONE LAYER
KIGALI, 15 OCTOBER 2016
ADOPTION OF AMENDMENT
The Secretary-General of the United Nations, acting in his capacity as depositary,
communicates the following:
At the Twenty-Eighth Meeting of the Parties to the above Protocol, held in Kigali
from 10 to 15 October 2016, the Parties adopted, in accordance with the procedure laid down in
paragraph 4 of article 9 of the 1985 Vienna Convention for the Protection of the Ozone Layer, a further
amendment to the Montreal Protocol as set out in Annex I to the report of the Twenty-Eighth Meeting
of the Parties (Decision XXVIII/1).
..... The text of the above Amendment, in the six authentic languages, is attached as an Annex to
this notification.
In accordance with its article IV, paragraph 1, the Amendment shall enter into force on
1 January 2019, provided that at least twenty instruments of ratification, acceptance or approval of the
Amendment have been deposited by States or regional economic integration organizations that are
Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer. In the event that this
condition has not been fulfilled by that date, the Amendment shall enter into force on the ninetieth day
following the date on which it has been fulfilled.
After its entry into force, the Amendment, in accordance with its article IV, paragraph 4, shall
enter into force for any other Party to the Protocol on the ninetieth day following the date of deposit of
its instrument of ratification, acceptance or approval.
23 November 2016
UNITED NATIONS NATIONS UNIES
POSTAL ADDRESS ADRESSE POSTALE UNITED NATIONS, N.Y. 10OT7
CABLE ADDRESS-ADRESSE TELEGRAPHIQUE UNATIONS NEWYORK
C.N.872.2016.TREATIES-XXVII.2.f
Annex / Annexe
Decision XXVIII/1: Further Amendment of the Montreal Protocol
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 set out in
annex I to the report of the Twenty-Eighth Meeting of the Parties;
2
Amendment to the Montreal Protocol on Substances that Deplete the
Ozone Layer
Article I: Amendment
Article 1, paragraph 4
In paragraph 4 of Article 1 of the Protocol, for the words:
“Annex C or Annex E”
there shall be substituted:
“Annex C, Annex E or Annex F”
Article 2, paragraph 5
In paragraph 5 of Article 2 of the Protocol, for the words:
“and Article 2H”
there shall be substituted:
“Articles 2H and 2J”
Article 2, paragraphs 8 (a), 9 (a) and 11
In paragraphs 8 (a) and 11 of Article 2 of the Protocol, for the words:
“Articles 2A to 2I”
there shall be substituted:
“Articles 2A to 2J”
The following words shall be added at the end of subparagraph (a) of paragraph 8 of Article 2
of the Protocol:
“Any such agreement may be extended to include obligations respecting consumption or
production under Article 2J provided that the total combined calculated level of consumption
or production of the Parties concerned does not exceed the levels required by Article 2J.”
In subparagraph (a) (i) of paragraph 9 of Article 2 of the Protocol, after the second use of the
words:
“should be;”
there shall be deleted:
“and”
Subparagraph (a) (ii) of paragraph 9 of Article 2 of the Protocol shall be renumbered as
subparagraph (a) (iii).
The following shall be added as subparagraph (a) (ii) after subparagraph (a) (i) of paragraph 9
of Article 2 of the Protocol:
“Adjustments to the global warming potentials specified in Group I of Annex A, Annex C
and Annex F should be made and, if so, what the adjustments should be; and”
Article 2J
The following Article shall be inserted after Article 2I of the Protocol:
“Article 2J: Hydrofluorocarbons
1. Each Party shall ensure that for the twelve-month period commencing on 1 January 2019,
and in each twelve-month period thereafter, its calculated level of consumption of the
controlled substances in Annex F, expressed in CO2 equivalents, does not exceed the
percentage, set out for the respective range of years specified in subparagraphs (a) to (e)
below, of the annual average of its calculated levels of consumption of Annex F controlled
substances for the years 2011, 2012 and 2013, plus fifteen per cent of its calculated level of
3
consumption of Annex C, Group I, controlled substances as set out in paragraph 1 of
Article 2F, expressed in CO2 equivalents:
(a) 2019 to 2023: 90 per cent
(b) 2024 to 2028: 60 per cent
(c) 2029 to 2033: 30 per cent
(d) 2034 to 2035: 20 per cent
(e) 2036 and thereafter: 15 per cent
2. Notwithstanding paragraph 1 of this Article, the Parties may decide that a 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 Annex F, expressed in CO2 equivalents, does not exceed the percentage, set
out for the respective range of years specified in subparagraphs (a) to (e) below, of the
annual average of its calculated levels of consumption of Annex F controlled substances
for the years 2011, 2012 and 2013, plus twenty-five per cent of its calculated level of
consumption of Annex C, Group I, controlled substances as set out in paragraph 1 of
Article 2F, expressed in CO2 equivalents:
(a) 2020 to 2024: 95 per cent
(b) 2025 to 2028: 65 per cent
(c) 2029 to 2033: 30 per cent
(d) 2034 to 2035: 20 per cent
(e) 2036 and thereafter: 15 per cent
3. Each Party producing the controlled substances in Annex F shall ensure that for the
twelve-month period commencing on 1 January 2019, and in each twelve-month period
thereafter, its calculated level of production of the controlled substances in Annex F,
expressed in CO2 equivalents, does not exceed the percentage, set out for the respective
range of years specified in subparagraphs (a) to (e) below, of the annual average of its
calculated levels of production of Annex F controlled substances for the years 2011, 2012
and 2013, plus fifteen per cent of its calculated level of production of Annex C, Group I,
controlled substances as set out in paragraph 2 of Article 2F, expressed in CO2 equivalents:
(a) 2019 to 2023: 90 per cent
(b) 2024 to 2028: 60 per cent
(c) 2029 to 2033: 30 per cent
(d) 2034 to 2035: 20 per cent
(e) 2036 and thereafter: 15 per cent
4. Notwithstanding paragraph 3 of this Article, the Parties may decide that a Party producing
the controlled substances in Annex F shall ensure that for the twelve-month period
commencing on 1 January 2020, and in each twelve-month period thereafter, its calculated
level of production of the controlled substances in Annex F, expressed in CO2 equivalents,
does not exceed the percentage, set out for the respective range of years specified in
subparagraphs (a) to (e) below, of the annual average of its calculated levels of production
of Annex F controlled substances for the years 2011, 2012 and 2013, plus twenty-five per
cent of its calculated level of production of Annex C, Group I, controlled substances as set
out in paragraph 2 of Article 2F, expressed in CO2 equivalents:
(a) 2020 to 2024: 95 per cent
(b) 2025 to 2028: 65 per cent
(c) 2029 to 2033: 30 per cent
(d) 2034 to 2035: 20 per cent
(e) 2036 and thereafter: 15 per cent
4
5. Paragraphs 1 to 4 of this Article will apply save to the extent that the Parties decide to
permit the level of production or consumption that is necessary to satisfy uses agreed by
the Parties to be exempted uses.
6. Each Party manufacturing Annex C, Group I, or Annex F substances shall ensure that for
the twelve-month period commencing on 1 January 2020, and in each twelve-month period
thereafter, its emissions of Annex F, Group II, substances generated in each production
facility that manufactures Annex C, Group I, or Annex F substances are destroyed to the
extent practicable using technology approved by the Parties in the same twelve-month
period.
7. Each Party shall ensure that any destruction of Annex F, Group II, substances generated by
facilities that produce Annex C, Group I, or Annex F substances shall occur only by
technologies approved by the Parties.
Article 3
The preamble to Article 3 of the Protocol should be replaced with the following:
“1. For the purposes of Articles 2, 2A to 2J and 5, each Party shall, for each group of
substances in Annex A, Annex B, Annex C, Annex E or Annex F, determine its calculated
levels of:”
For the final semi-colon of subparagraph (a) (i) of Article 3 of the Protocol there shall be
substituted:
“, except as otherwise specified in paragraph 2;”
The following text shall be added to the end of Article 3 of the Protocol:
“; and
(d) Emissions of Annex F, Group II, substances generated in each facility that generates Annex
C, Group I, or Annex F substances by including, among other things, amounts emitted from
equipment leaks, process vents and destruction devices, but excluding amounts captured for
use, destruction or storage.
2. When calculating levels, expressed in CO2 equivalents, of production, consumption,
imports, exports and emissions of Annex F and Annex C, Group I, substances for the purposes
of Article 2J, paragraph 5 bis of Article 2 and paragraph 1 (d) of Article 3, each Party shall use
the global warming potentials of those substances specified in Group I of Annex A, Annex C
and Annex F.”
Article 4, paragraph 1 sept
The following paragraph shall be inserted after paragraph 1 sex of Article 4 of the Protocol:
“1 sept. Upon entry into force of this paragraph, each Party shall ban the import of the
controlled substances in Annex F from any State not Party to this Protocol.”
Article 4, paragraph 2 sept
The following paragraph shall be inserted after paragraph 2 sex of Article 4 of the Protocol:
“2 sept. Upon entry into force of this paragraph, each Party shall ban the export of the
controlled substances in Annex F to any State not Party to this Protocol.”
Article 4, paragraphs 5, 6 and 7
In paragraphs 5, 6 and 7 of Article 4 of the Protocol, for the words:
“Annexes A, B, C and E”
there shall be substituted:
“Annexes A, B, C, E and F”
Article 4, paragraphs 8
In paragraph 8 of Article 4 of the Protocol, for the words:
“Articles 2A to 2I”
there shall be substituted:
“Articles 2A to 2J”
5
Article 4B
The following paragraph shall be inserted after paragraph 2 of Article 4B of the Protocol:
“2 bis. Each Party shall, by 1 January 2019 or within three months of the date of entry into
force of this paragraph for it, whichever is later, establish and implement a system for licensing
the import and export of new, used, recycled and reclaimed controlled substances in Annex F.
Any Party operating under paragraph 1 of Article 5 that decides it is not in a position to
establish and implement such a system by 1 January 2019 may delay taking those actions until
1 January 2021.”
Article 5
In paragraph 4 of Article 5 of the Protocol, for the word:
“2I”
there shall be substituted:
“2J”
In paragraphs 5 and 6 of Article 5 of the Protocol, for the words:
“Article 2I”
there shall be substituted:
“Articles 2I and 2J”
In paragraph 5 of Article 5 of the Protocol, before the words:
“any control measures”
there shall be inserted:
“with”
The following paragraph shall be inserted after paragraph 8 ter of Article 5 of the Protocol:
“8 qua
(a) Each Party operating under paragraph 1 of this Article, subject to any adjustments made to
the control measures in Article 2J in accordance with paragraph 9 of Article 2, shall be entitled
to delay its compliance with the control measures set out in subparagraphs (a) to (e) of
paragraph 1 of Article 2J and subparagraphs (a) to (e) of paragraph 3 of Article 2J and modify
those measures as follows:
(i) 2024 to 2028: 100 per cent
(ii) 2029 to 2034: 90 per cent
(iii) 2035 to 2039: 70 per cent
(iv) 2040 to 2044: 50 per cent
(v) 2045 and thereafter: 20 per cent
(b) Notwithstanding subparagraph (a) above, the Parties may decide that a Party operating
under paragraph 1 of this Article, subject to any adjustments made to the control measures in
Article 2J in accordance with paragraph 9 of Article 2, shall be entitled to delay its compliance
with the control measures set out in subparagraphs (a) to (e) of paragraph 1 of Article 2J and
subparagraphs (a) to (e) of paragraph 3 of Article 2J and modify those measures as follows:
(i) 2028 to 2031: 100 per cent
(ii) 2032 to 2036: 90 per cent
(iii) 2037 to 2041: 80 per cent
(iv) 2042 to 2046: 70 per cent
(v) 2047 and thereafter: 15 per cent
(c) Each Party operating under paragraph 1 of this Article, for the purposes of calculating its
consumption baseline under Article 2J, shall be entitled to use the average of its calculated
levels of consumption of Annex F controlled substances for the years 2020, 2021 and 2022,
6
plus sixty-five per cent of its baseline consumption of Annex C, Group I, controlled substances
as set out in paragraph 8 ter of this Article.
(d) Notwithstanding subparagraph (c) above, the Parties may decide that a Party operating
under paragraph 1 of this Article, for the purposes of calculating its consumption baseline
under Article 2J, shall be entitled to use the average of its calculated levels of consumption of
Annex F controlled substances for the years 2024, 2025 and 2026, plus sixty-five per cent of
its baseline consumption of Annex C, Group I, controlled substances as set out in paragraph 8
ter of this Article.
(e) Each Party operating under paragraph 1 of this Article and producing the controlled
substances in Annex F, for the purposes of calculating its production baseline under Article 2J,
shall be entitled to use the average of its calculated levels of production of Annex F controlled
substances for the years 2020, 2021 and 2022, plus sixty-five per cent of its baseline
production of Annex C, Group I, controlled substances as set out in paragraph 8 ter of this
Article.
(f) Notwithstanding subparagraph (e) above, the Parties may decide that a Party operating
under paragraph 1 of this Article and producing the controlled substances in Annex F, for the
purposes of calculating its production baseline under Article 2J, shall be entitled to use the
average of its calculated levels of production of Annex F controlled substances for the years
2024, 2025 and 2026, plus sixty-five per cent of its baseline production of Annex C, Group I,
controlled substances as set out in paragraph 8 ter of this Article.
(g) Subparagraphs (a) to (f) of this paragraph will apply to calculated levels of production and
consumption save to the extent that a high-ambient-temperature exemption applies based on
criteria decided by the Parties.”
Article 6
In Article 6 of the Protocol, for the words:
“Articles 2A to 2I”
there shall be substituted:
“Articles 2A to 2J”
Article 7, paragraphs 2, 3 and 3 ter
The following line shall be inserted after the line that reads “– in Annex E, for the year 1991,”
in paragraph 2 of Article 7 of the Protocol:
“– in Annex F, for the years 2011 to 2013, except that Parties operating under paragraph 1 of
Article 5 shall provide such data for the years 2020 to 2022, but those Parties operating under
paragraph 1 of Article 5 to which subparagraphs (d) and (f) of paragraph 8 qua of Article 5
applies shall provide such data for the years 2024 to 2026;”
In paragraphs 2 and 3 of Article 7 of the Protocol, for the words:
“C and E”
there shall be substituted:
“C, E and F”
The following paragraph shall be added to Article 7 of the Protocol after paragraph 3 bis:
“3 ter. Each Party shall provide to the Secretariat statistical data on its annual emissions of
Annex F, Group II, controlled substances per facility in accordance with paragraph 1 (d) of
Article 3 of the Protocol.”
Article 7, paragraph 4
In paragraph 4 of Article 7, after the words:
“statistical data on” and “provides data on”
there shall be added:
“production,”
7
Article 10, paragraph 1
In paragraph 1 of Article 10 of the Protocol, for the words:
“and Article 2I”
There shall be substituted:
“, Article 2I and Article 2J”
The following shall be inserted at the end of paragraph 1 of Article 10 of the Protocol:
“Where a Party operating under paragraph 1 of Article 5 chooses to avail itself of funding from
any other financial mechanism that could result in meeting any part of its agreed incremental
costs, that part shall not be met by the financial mechanism under Article 10 of this Protocol.”
Article 17
In Article 17 of the Protocol, for the words:
“Articles 2A to 2I”
there shall be substituted:
“Articles 2A to 2J”
Annex A
The following table shall replace the table for Group I in Annex A to the Protocol:
Group Substance
Ozone-Depleting
Potential*
100-Year Global
Warming Potential
Group I
CFCl3 (CFC-11) 1.0 4,750
CF2Cl2 (CFC-12) 1.0 10,900
C2F3Cl3 (CFC-113) 0.8 6,130
C2F4Cl2 (CFC-114) 1.0 10,000
C2F5Cl (CFC-115) 0.6 7,370
Annex C and Annex F
The following table shall replace the table for Group I in Annex C to the Protocol:
Group Substance
Number
of
isomers
Ozone-
Depleting
Potential*
100-Year
Global
Warming
Potential***
Group I
CHFCl2 (HCFC-21)** 1 0.04 151
CHF2Cl (HCFC-22)** 1 0.055 1810
CH2FCl (HCFC-31) 1 0.02
C2HFCl4 (HCFC-121) 2 0.01–0.04
C2HF2Cl3 (HCFC-122) 3 0.02–0.08
C2HF3Cl2 (HCFC-123) 3 0.02–0.06 77
CHCl2CF3 (HCFC-123)** – 0.02
C2HF4Cl (HCFC-124) 2 0.02–0.04 609
CHFClCF3 (HCFC-124)** – 0.022
C2H2FCl3 (HCFC-131) 3 0.007–0.05
C2H2F2Cl2 (HCFC-132) 4 0.008–0.05
C2H2F3Cl (HCFC-133) 3 0.02–0.06
C2H3FCl2 (HCFC-141) 3 0.005–0.07
CH3CFCl2 (HCFC-141b)** – 0.11 725
C2H3F2Cl (HCFC-142) 3 0.008–0.07
CH3CF2Cl (HCFC-142b)** – 0.065 2310
C2H4FCl (HCFC-151) 2 0.003–0.005
8
C3HFCl6 (HCFC-221) 5 0.015–0.07
C3HF2Cl5 (HCFC-222) 9 0.01–0.09
C3HF3Cl4 (HCFC-223) 12 0.01–0.08
C3HF4Cl3 (HCFC-224) 12 0.01–0.09
C3HF5Cl2 (HCFC-225) 9 0.02–0.07
CF3CF2CHCl2 (HCFC-225ca)** – 0.025 122
CF2ClCF2CHClF (HCFC-225cb)** – 0.033 595
C3HF6Cl (HCFC-226) 5 0.02–0.10
C3H2FCl5 (HCFC-231) 9 0.05–0.09
C3H2F2Cl4 (HCFC-232) 16 0.008–0.10
C3H2F3Cl3 (HCFC-233) 18 0.007–0.23
C3H2F4Cl2 (HCFC-234) 16 0.01–0.28
C3H2F5Cl (HCFC-235) 9 0.03–0.52
C3H3FCl4 (HCFC-241) 12 0.004–0.09
C3H3F2Cl3 (HCFC-242) 18 0.005–0.13
C3H3F3Cl2 (HCFC-243) 18 0.007–0.12
C3H3F4Cl (HCFC-244) 12 0.009–0.14
C3H4FCl3 (HCFC-251) 12 0.001–0.01
C3H4F2Cl2 (HCFC-252) 16 0.005–0.04
C3H4F3Cl (HCFC-253) 12 0.003–0.03
C3H5FCl2 (HCFC-261) 9 0.002–0.02
C3H5F2Cl (HCFC-262) 9 0.002–0.02
C3H6FCl (HCFC-271) 5 0.001–0.03
* Where a range of ODPs is indicated, the highest value in that range shall be used for the
purposes of the Protocol. The ODPs listed as a single value have been determined from
calculations based on laboratory measurements. Those listed as a range are based on estimates
and are less certain. The range pertains to an isomeric group. The upper value is the estimate of
the ODP of the isomer with the highest ODP, and the lower value is the estimate of the ODP of
the isomer with the lowest ODP.
** Identifies the most commercially viable substances with ODP values listed against them to be
used for the purposes of the Protocol.
*** For substances for which no GWP is indicated, the default value 0 applies until a GWP value is
included by means of the procedure foreseen in paragraph 9 (a) (ii) of Article 2.
The following annex shall be added to the Protocol after Annex E:
“Annex F: Controlled substances
Group Substance
100-Year Global
Warming Potential
Group I
CHF2CHF2 HFC-134 1,100
CH2FCF3 HFC-134a 1,430
CH2FCHF2 HFC-143 353
CHF2CH2CF3 HFC-245fa 1,030
CF3CH2CF2CH3 HFC-365mfc 794
CF3CHFCF3 HFC-227ea 3,220
CH2FCF2CF3 HFC-236cb 1,340
CHF2CHFCF3 HFC-236ea 1,370
CF3CH2CF3 HFC-236fa 9,810
CH2FCF2CHF2 HFC-245ca 693
CF3CHFCHFCF2CF3 HFC-43-10mee 1,640
CH2F2 HFC-32 675
CHF2CF3 HFC-125 3,500
CH3CF3 HFC-143a 4,470
CH3F HFC-41 92
9
CH2FCH2F HFC-152 53
CH3CHF2 HFC-152a 124
Group II
CHF3 HFC-23 14,800
Article II: Relationship to the 1999 Amendment
No State or regional economic integration organization may deposit an instrument of ratification, acceptance or
approval of or accession to this Amendment unless it has previously, or simultaneously, deposited such an instrument
to the Amendment adopted at the Eleventh Meeting of the Parties in Beijing, 3 December 1999.
Article III: Relationship to the United Nations Framework Convention on Climate Change and its Kyoto
Protocol
This Amendment is not intended to have the effect of excepting hydrofluorocarbons from the scope of the
commitments contained in Articles 4 and 12 of the United Nations Framework Convention on Climate Change or in
Articles 2, 5, 7 and 10 of its Kyoto Protocol.
Article IV: Entry into force
1. Except as noted in paragraph 2, below, this Amendment shall enter into force on 1 January 2019, provided that
at least twenty instruments of ratification, acceptance or approval of the Amendment have been deposited by States or
regional economic integration organizations that are Parties to the Montreal Protocol on Substances that Deplete the
Ozone Layer. In the event that this condition has not been fulfilled by that date, the Amendment shall enter into force
on the ninetieth day following the date on which it has been fulfilled.
2. The changes to Article 4 of the Protocol, Control of trade with non-Parties, set out in Article I of this
Amendment shall enter into force on 1 January 2033, provided that at least seventy instruments of ratification,
acceptance or approval of the Amendment have been deposited by States or regional economic integration
organizations that are Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer. In the event that
this condition has not been fulfilled by that date, the Amendment shall enter into force on the ninetieth day following
the date on which it has been fulfilled.
3. For purposes of paragraphs 1 and 2, 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.
4. After the entry into force of this Amendment, as provided under paragraphs 1 and 2, it shall enter into force for
any other Party to the Protocol on the ninetieth day following the date of deposit of its instrument of ratification,
acceptance or approval.
Article V: Provisional application
Any Party may, at any time before this Amendment enters into force for it, declare that it will apply provisionally any
of the control measures set out in Article 2J, and the corresponding reporting obligations in Article 7, pending such
entry into force.
precede
copie 1' Amendement adopte a huitieme Reunion Montreal d'ozone, a Secretaire general,
Secretaire general I hereby certify that the foregoing
text is a true copy of the Amendment
adopted on 15 October 2016 at the
Twenty-Eighth Meeting of the Parties
to the Montreal Protocol on Substances
that Deplete the Ozone Layer, which
was held in Kigali, Rwanda, from
10 to 15 October 2016.
For the Secretary-General,
The Under-Secretary-General
for Legal Affairs and
United Nations Legal Counsel
Je certifie que le texte qui pr~c~de
est une co pie conforme de
]Amendement adopt~ le 15 octobre
2016 ~ la vingt-huiti~me R~union des
Parties au Protocole de Montr~al relatif
a des substances qui appauvrissent la
couche dozone, tenue ~ Kigali,
Rwanda, du 10 au 15 octobre 2016.
Pour le Secr~taire g~n~ral,
Le Secr~taire g~n~ral adjoint
aux affaires juridiques et Conseiller
juridique des Nations Unies
Miguel de Serpa Soares
United Nations
New York, 18 November 2016
Organisation des Nations Unies
New York, le 18 novembre 2016
Attention: Treaty Services of Ministries of Foreign Affairs and of international organizations
concerned. Depositary notifications are issued in electronic format only. Depositary notifications are
made available to the Permanent Missions to the United Nations in the United Nations Treaty
Collection at <https://treaties.un.org>, under "Depositary Notifications (CNs)". In addition, the
Permanent Missions, as well as other interested individuals, can subscribe to receive depositary
notifications by e-mail through the Treaty Section's "Automated Subscription Services", which is also
available at <https://treaties.un.org/Pages/Login.aspx?lang=_en>.
Reference: C.N.730.2017.TREATIES-XXVII.2.f (Depositary Notification)
AMENDMENT TO THE MONTREAL PROTOCOL ON SUBSTANCES THAT
DEPLETE THE OZONE LAYER
KIGALI, 15 OCTOBER 2016
ENTRY INTO FORCE
The Secretary-General of the United Nations, acting in his capacity as depositary,
communicates the following:
On 17 November 2017, the conditions for the entry into force of the Amendment, with the
exception of the changes to article 4 of the Protocol set out in article I of the Amendment, were met.
Accordingly, the Amendment, except for the changes to article 4 of the Protocol set out in article I of
the Amendment, will enter into force on 1 January 2019, in accordance with paragraphs 1 and 2 of its
article IV, which read as follows:
“1. Except as noted in paragraph 2, below, this Amendment shall enter into force on 1 January
2019, provided that at least twenty instruments of ratification, acceptance or approval of the
Amendment have been deposited by States or regional economic integration organizations that are
Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer. In the event that this
condition has not been fulfilled by that date, the Amendment shall enter into force on the ninetieth day
following the date on which it has been fulfilled.
2. The changes to Article 4 of the Protocol, Control of trade with non-Parties, set out in
Article I of this Amendment shall enter into force on 1 January 2033, provided that at least seventy
instruments of ratification, acceptance or approval of the Amendment have been deposited by States or
regional economic integration organizations that are Parties to the Montreal Protocol on Substances that
Deplete the Ozone Layer. In the event that this condition has not been fulfilled by that date, the
Amendment shall enter into force on the ninetieth day following the date on which it has been
fulfilled.”
20 November 2017
UNITED NATIONS NATIONS UNIES
POSTAL ADDRESS ADRESSE POSTALE UNITED NATIONS, N.Y. 10OT7
CABLE ADDRESS-ADRESSE TELEGRAPHIQUE UNATIONS NEWYORK
Attention: Treaty Services of Ministries of Foreign Affairs and of international organizations
concerned. Depositary notifications are issued in electronic format only. Depositary notifications are
made available to the Permanent Missions to the United Nations in the United Nations Treaty
Collection at <https://treaties.un.org>, under "Depositary Notifications (CNs)". In addition, the
Permanent Missions, as well as other interested individuals, can subscribe to receive depositary
notifications by e-mail through the Treaty Section's "Automated Subscription Services", which is also
available at <https://treaties.un.org/Pages/Login.aspx?lang=_en>.
Reference: C.N.72.2018.TREATIES-XXVII.2.f (Depositary Notification)
AMENDMENT TO THE MONTREAL PROTOCOL ON SUBSTANCES THAT
DEPLETE THE OZONE LAYER
KIGALI, 15 OCTOBER 2016
PROPOSAL OF CORRECTIONS TO THE FRENCH AND SPANISH AUTHENTIC TEXTS OF THE
AMENDMENT
The Secretary-General of the United Nations, acting in his capacity as depositary,
communicates the following:
The attention of the Secretary-General has been drawn to certain errors in the French and
Spanish authentic texts of the above-mentioned Amendment circulated by depositary notification
C.N.872.2016.TREATIES-XXVII.2.f of 23 November 2016.
The annex to this notification contains the proposed corrections to the French and Spanish
authentic texts of the Amendment.
In accordance with the established depositary practice, and unless there is an objection to
effecting a particular correction from a signatory State or a Contracting State, the Secretary-General
proposes to effect the proposed corrections in the French and Spanish authentic texts of the
Amendment.
Any objection should be communicated to the Secretary-General within 90 days from the date
of this notification, i.e., no later than 10 May 2018.
9 February 2018
.....
UNITED NATIONS NATIONS UNIES
POSTAL ADDRESS ADRESSE POSTALE UNITED NATIONS, N.Y. 10OT7
CABLE ADDRESS-ADRESSE TELEGRAPHIQUE UNATIONS NEWYORK
C.N.72.2018.TREATIES-XXVII.2.f (Annex / Annexe)
Article of the
Amendment /
Article de
l’Amendement
French authentic text /
Texte authentique français
Proposed corrections to the French
authentic text / Corrections proposées au
texte authentique français
In the table heading
in Annex A /
Dans le titre de
colonne de
l’Annexe A
Potentiel de destruction de l’ozone Potentiel d’appauvrissement de la couche d’ozone
In the table heading
in Annex C /
Dans le titre de
colonne de
l’Annexe C
Potentiel de destruction de l’ozone Potentiel d’appauvrissement de la couche d’ozone
Article of the
Amendment /
Article de
l’Amendement
Spanish authentic text /
Texte authentique espagnol
Proposed correction to the Spanish authentic
text / Correction proposée au texte authentique
espagnol
Article 3 (2) /
paragraphe 2 de
l’article 3
Al calcular los niveles de producción,
consumo, importación, exportación y
emisión de las sustancias que figuran en el
anexo F y en el grupo I del anexo C,
expresados en equivalentes de CO2, a los
fines del artículo 2J, el párrafo 5 bis del
artículo 2 y el párrafo 1 d) del artículo 3,
cada Parte utilizará los potenciales de
calentamiento atmosférico de esas
sustancias especificados en el grupo I del
anexo A y en los anexos C y F.
especificadas
Reference: C.N.245.2018.TREATIES-XXVII.2.f (Depositary Notification)
AMENDMENT TO THE MONTREAL PROTOCOL ON SUBSTANCES THAT
DEPLETE THE OZONE LAYER
KIGALI, 15 OCTOBER 2016
CORRECTIONS TO THE FRENCH AND SPANISH AUTHENTIC TEXTS OF THE AMENDMENT 1
The Secretary-General of the United Nations, acting in his capacity as depositary,
communicates the following:
By 10 May 2018, the date on which the period specified for the notification of objection to the
proposed corrections expired, no objection had been notified to the Secretary-General.
Consequently, the Secretary-General has effected the required corrections to the French and
Spanish authentic texts of the Amendment. The corresponding procès-verbal of rectification is
transmitted herewith.
17 May 2018
1 Refer to depositary notification C.N.72.2018.TREATIES-XXVII.2.f of 9 February 2018
(Proposal of corrections to the French and Spanish authentic texts of the Amendment).
.....
UNITED NATIONS NATIONS UNIES
POSTAL ADDRESS ADRESSE POSTALE UNITED NATIONS, N.Y. 10OT7
CABLE ADDRESS-ADRESSE TELEGRAPHIQUE UNATIONS NEWYORK
PROCES-GENERAL the '72. 2018.TREATIES-XXVII . 2 . f 9 be Undersecretary-
General Proces-verbal.
MONTREAL
RELATIF A DES SUBSTANCES QUI
D'OZONE,
ADOPTE A KIGALI LE 15 OCTOBRE 2016
PROCES-VERBAL FRANc;AIS L'AMENDEMENT
LE SECRETAIRE GENERAL qualite Montreal a Couche d'ozone, adopte a CONSIDERANT fran~ais CONSIDERANT ete
communiquee a interesses depositaire TREATIESXXVII.
2.f fevrier CONSIDERANT qu'au date a laquelle le delai specifie
d'objection
proposees ete notifiee,
PROCEDER fran~is qu'indique precitee.
FOI Secretaire general signe present proces-Siege l 10rganisation
a J>~.,_~
UNITED NATIONS
NATIONS UNIES
AMENDMENT TO THE MONTREAL PROTOCOL
ON SUBSTANCES THAT DEPLETE THE OZONE
LAYER, ADOPTED AT KIGALI ON 15
OCTOBER 2016
PROC~S-VERBAL OF RECTIFICATION
TO THE AUTHENTIC FRENCH AND SPANISH
TEXTS OF THE AMENDMENT
THE SECRETARY-GENERAL OF THE
UNITED NATIONS, acting in his
capacity as depositary of the
Amendment to the Montreal Protocol
on Substances that Deplete the Ozone
Layer, adopted at Kigali on
15 October 2016 (the Amendment),
WHEREAS it appears that the French
and Spanish authentic texts of the
Amendment contain certain errors,
WHEREAS the corresponding proposal
of corrections has been communicated
to all interested States by
depositary notification
C.N.72.2018.TREATIES-XXVII.2.£ of
February 2018,
WHEREAS by 10 May 2018, the date
on which the period specified for
the notification of objection to the
proposal of corrections expired, no
objection had been notified,
HAS CAUSED the corrections as
indicated in the above notification
to effected in the French and
Spanish authentic texts of the
Amendment.
IN WITNESS WHEREOF, I,
Miguel de Serpa Soares, UnderSecretary-
General for Legal Affairs
and United Nations Legal Counsel,
have signed this Proc~s-verbal.
Done at the Headquarters of the
United Nations, New York, on 17 May
2018.
AMENDEMENT AU PROTOCOLE DE MONTR~AL
~ APPAUVRISSENT LA COUCHE D' OZONE,
ADOPT~ ~ PROC~S-VERBAL DE RECTIFICATION
AUX TEXTES AUTHENTIQUES ESPAGNOL ET
FRAN~AIS DE L' AMENDEMENT
SECR~TAIRE G~N~RAL DE
L'ORGANISATION DES NATIONS UNIES,
agissant en sa qualit~ de
depositaire de l'Amendement au
Protocole de Montr~al relatif ~ des
substances qui appauvrissent la
couche d' ozone, adopt~ ~ Kigali le
15 octobre 2016 (l'Amendement),
CONS ID~RANT que les textes
authentiques fran~ais et espagnol
de l'Amendement contiennent
certaines erreurs,
CONSID~RANT que la proposition de
corrections correspondante a ~t~
communique ~ tous les Etats
int~ress~s par la notification
d~positaire C.N.72.2018.TREATIESXXVII.
2.£ du 9 f~vrier 2018,
CONS ID~RANT qu' au 10 mai 2018,
~ d~lai sp~cifi~
pour la notification d' objection
aux corrections propose~es a expire,
aucune objection n'a ~t~ notifi~e,
A FAIT PROC~DER aux corrections
requises aux textes authentiques
espagnol et fran~ais de
l'Amendement tel qu'indiqu~ dans la
notification pr~cit~e.
EN FOi DE QUOI, Nous,
Miguel de Serpa Soares, le
Secr~taire g~n~ral adjoint aux
affaires juridiques et Conseiller
juridique des Nations Unies, avons
sign~ le pr~sent proc~s-verbal.
Fait au Si~ge de l'Organisation
des Nations Unies, ~ New York, le
17 mai 2018.
1S.S--..» Miguel de Serpa Soares
Attention: Treaty Services of Ministries of Foreign Affairs and of international organizations
concerned. Depositary notifications are issued in electronic format only. Depositary notifications are
made available to the Permanent Missions to the United Nations in the United Nations Treaty
Collection at <https://treaties.un.org>, under "Depositary Notifications (CNs)". In addition, the
Permanent Missions, as well as other interested individuals, can subscribe to receive depositary
notifications by e-mail through the Treaty Section's "Automated Subscription Services", which is also
available at <https://treaties.un.org/Pages/Login.aspx?lang=_en>.
Reference: C.N.118.2018.TREATIES-XXVII.2.f (Depositary Notification)
AMENDMENT TO THE MONTREAL PROTOCOL ON SUBSTANCES THAT
DEPLETE THE OZONE LAYER
KIGALI, 15 OCTOBER 2016
PROPOSAL OF CORRECTION TO THE ARABIC, CHINESE, ENGLISH, FRENCH, RUSSIAN
AND SPANISH AUTHENTIC TEXTS OF THE AMENDMENT
The Secretary-General of the United Nations, acting in his capacity as depositary,
communicates the following:
The attention of the Secretary-General has been drawn to an error in article 3 (2) of the Arabic,
Chinese, English, French, Russian and Spanish authentic texts of the above-mentioned Amendment
circulated by depositary notification C.N.872.2016.TREATIES-XXVII.2.f of 23 November 2016.
The annex to this notification contains the proposed correction to the Arabic, Chinese, English,
French, Russian and Spanish authentic texts of the Amendment.
In accordance with the established depositary practice, and unless there is an objection to
effecting a particular correction from a signatory State or a contracting State, the Secretary-General
proposes to effect the proposed correction in the six authentic languages of the Amendment.
Any objection should be communicated to the Secretary-General within 90 days from the date
of this notification, i.e., no later than 31 May 2018.
2 March 2018
.....
UNITED NATIONS NATIONS UNIES
POSTAL ADDRESS ADRESSE POSTALE UNITED NATIONS, N.Y. 10OT7
CABLE ADDRESS-ADRESSE TELEGRAPHIQUE UNATIONS NEWYORK
ii.
C.N.118.2018.TREATIES-XXVII.2.f (Annex/Annexe)
Arabic/Arabe
.‘‘ ٢)، ينبغي الاستعاضة عن الإشارة إلى ’’الفقرة ٥ مكررا من المادة ٢‘‘ بالإشارة إلى ’’الفقرة ٥ من المادة ٢ ) في المادة ٣
Chinese/Chinois
第 3 条第2 款中提到的第2 条第5 款之二，应为第2 条第5 款。
English/Anglais
In Article 3 (2), the reference to paragraph 5 bis of Article 2 should read paragraph 5 of Article 2.
French/Français
Au paragraphe 2 de l’article 3, la référence au paragraphe 5 bis de l’article 2 devrait se lire paragraphe 5 de
l’article 2.
Russian/Russe
В пункте 2 статьи 3 ссылку на пункт 5-бис статьи 2 следует читать следующим образом: пункт 5 статьи 2.
Spanish/Espagnol
En el párrafo 2 del artículo 3, la referencia al párrafo 5 bis del artículo 2 debe leerse párrafo 5 del artículo 2.
Reference: C.N.278.2018.TREATIES-XXVII.2.f (Depositary Notification)
AMENDMENT TO THE MONTREAL PROTOCOL ON SUBSTANCES THAT
DEPLETE THE OZONE LAYER
KIGALI, 15 OCTOBER 2016
CORRECTION TO THE ARABIC, CHINESE, ENGLISH, FRENCH, RUSSIAN AND SPANISH
AUTHENTIC TEXTS OF THE AMENDMENT 1
The Secretary-General of the United Nations, acting in his capacity as depositary,
communicates the following:
By 31 May 2018, the date on which the period specified for the notification of objection to the
proposed correction expired, no objection had been notified to the Secretary-General.
Consequently, the Secretary-General has effected the required correction in the six authentic
languages of the Amendment. The corresponding procès-verbal of rectification is transmitted herewith.
4 June 2018
1 Refer to depositary notification C.N.118.2018.TREATIES-XXVII.2.f of 2 March 2018
(Proposal of correction to the Arabic, Chinese, English, French, Russian and Spanish authentic texts of
the Amendment).
.....
UNITED NATIONS NATIONS UNIES
POSTAL ADDRESS ADRESSE POSTALE UNITED NATIONS, N.Y. 10OT7
CABLE ADDRESS-ADRESSE TELEGRAPHIQUE UNATIONS NEWYORK
ii.
.AMENDMENT ON SUBSTANCES THAT DEPLETE THE OZONE
15 OCTOBER 2016
PROCES-VERBAL .AMENDMENT
THE SECRETARY-GENERAL OF THE
UNITED NATIONS, acting in his
Amendment to the Montreal Protocol
the articl e
authentic languages contains an
WHEREAS the corresponding proposal
to all interested States by
depositary notification
N.118.2018. TREATIES-XXVII.2.f May Undersecretary-
General Proces-.MONTREAL
A D'OZONE,
ADOPTE A PROCES-L'.AMENDEMENT
SECRETAIRE GENERAL qualite depositaire Montreal a d'ozone, adopte a CONSIDERANT CONSIDERANT ete
communiquee a tous les Etats
interesses depositaire N.118.2018 . TREATIESXXVII.
2.f CONSIDERANT qu'au a delai specifie
a
proposee expire,
ete notifiee,
PROCEDER a qu'indique precitee.
Secretaire general signe present proces-Siege a UNITED NATIONS
NATIONS UNIES
AMENDMENT TO THE MONTREAL PROTOCOL
LAYER, ADOPTED AT KIGALI ON
PROC~S-VERBAL OF RECTIFICATION
OF THE AUTHENTIC TEXTS OF THE
AMENDMENT
capacity as depositary of the
on Substances that Deplete the Ozone
Layer, adopted at Kigali on
15 October 2016 (the Amendment),
WHEREAS it appears that article
3(2) of the Amendment in the six
error,
of correction has been communicated
C.N.118.2018.TREATIES-XXVII.2.f of
2 March 2018,
WHEREAS by 31 2018, the date
on which the period specified for
the notification of objection to the
proposal of correction expired, no
objection had been notified,
HAS CAUSED the correction as
indicated in the above notification
to be effected in the six authentic
languages of the Amendment.
IN WITNESS WHEREOF, I,
Miguel de Serpa Soares, UnderSecretary-
General for Legal Affairs
and United Nations Legal Counsel,
have signed this Proc~s-verbal.
Done at the Headquarters of the
United Nations, New York, on 4 June
2018.
AMENDEMENT AU PROTOCOLE DE MONTR~AL
RELATIF ~ DES SUBSTANCES QUI
APPAUVRISSENT LA COUCHE D' OZONE,
ADOPT~ ~ KIGALI LE 15 OCTOBRE 2016
PROCS-VERBAL DE RECTIFICATION
DES TEXTES AUTHENTIQUES DE
L' AMENDEMENT
LE SECR~TAIRE G~N~RAL DE
L'ORGANISATION DES NATIONS UNIES,
agissant en sa qualit~ de
d~positaire de l'Amendement au
Protocole de Montr~al relatif ~ des
substances qui appauvrissent la
couche d' ozone, adopt~ ~ Kigali le
15 octobre 2016 (l'Amendement),
CONS ID~RANT que le paragraphe 2
de l'article 3 de l'Amendement
contient une erreur dans les six
langues authentiques,
CONSID~RANT que la proposition de
correction correspondante a ~t~
communiqu~e ~ int~ress~s par la notification
d~positaire C.N.118.2018.TREATIESXXVII.
2.£ du 2 mars 2018,
CONSID~RANT qu' au 31 mai 2018,
date ~ laquelle le d~lai sp~cifi~
pour la notification d'objection ~ la correction propos~e a expir~,
aucune objection n'a ~t~ notifi~e,
A FAIT PROC~DER ~ la correction
requise dans les six langues
authentiques de l'Amendement tel
qu'indiqu~ dans la notification
pr~cit~e.
EN FOI DE QUOI, Nous,
Miguel de Serpa Soares, le
Secr~taire g~n~ral adjoint aux
affaires juridiques et Conseiller
juridique des Nations Unies, avons
sign~ le pr~sent proc~s-verbal.
Fait au Si~ge de l'Organisation
des Nations Unies, ~ New York,
le 4 juin 2018.
Reference: C.N.232.2018.TREATIES-XXVII.2.f (Depositary Notification)
AMENDMENT TO THE MONTREAL PROTOCOL ON SUBSTANCES THAT
DEPLETE THE OZONE LAYER
KIGALI, 15 OCTOBER 2016
PROPOSAL OF CORRECTIONS TO THE CHINESE AND FRENCH AUTHENTIC TEXTS OF THE
AMENDMENT
The Secretary-General of the United Nations, acting in his capacity as depositary,
communicates the following:
The attention of the Secretary-General has been drawn to certain errors in the Chinese and
French authentic texts of the above-mentioned Amendment circulated by depositary notification
C.N.872.2016.TREATIES-XXVII.2.f of 23 November 2016.
The annex to this notification contains the proposed corrections to the Chinese and French
authentic texts of the Amendment.
In accordance with the established depositary practice, and unless there is an objection to
effecting a particular correction from a signatory State or a Contracting State, the Secretary-General
proposes to effect the proposed corrections in the Chinese and French authentic texts of the
Amendment.
Any objection should be communicated to the Secretary-General within 90 days from the date
of this notification, i.e., no later than 5 August 2018.
7 May 2018
.....
UNITED NATIONS NATIONS UNIES
POSTAL ADDRESS ADRESSE POSTALE UNITED NATIONS, N.Y. 10OT7
CABLE ADDRESS-ADRESSE TELEGRAPHIQUE UNATIONS NEWYORK
1
C.N.232.2018.TREATIES-XXVII.2.f (Annex / Annexe)
Article of the
Amendment / Article
de l’Amendement
Chinese authentic text /
Texte authentique chinois
Proposed corrections to the
Chinese authentic text / Corrections
proposées au texte authentique chinois
Article 2J /
Article 2J :
“第2J 条：氢氟碳化合物
1. 每一缔约方应确保，在2019 年1 月1 日
起的十二个月期间，以及其后每十二个月期
间，其消费附件F 所列受控物质的计算数量
（以二氧化碳当量表示），不超过其2011
年、2012 年和2013 年消费附件F 所列受控
物质的年均计算数量与下文(a)至(e)项为相关
年度范围所具体规定百分比的乘积，加上第
2F 条第1 款所列的其消费附件C 第一类受控
物质的计算数量的百分之十五的总和（以二氧
化碳当量表示）：
“第2J 条：氢氟碳化物
1. 每一缔约方应确保，在2019 年1 月1 日
起的十二个月期间，以及其后每十二个月期
间，其附件F 所列受控物质的消费计算数量
（以二氧化碳当量表示），不超过其附件 F
所列受控物质2011 年、2012 年和 2013 年
的年均消费计算数量加上其第 2F 条第 1 款
所列的附件 C 第一类受控物质的消费计算数
量的百分之十五的总和（以二氧化碳当量表
示）与在下文(a)至(e)项所列相关年度范围
所具体规定的百分比的乘积：
Article 2J /
Article 2J :
2. 尽管本条第1 款如此规定，但缔约方可以
决定某缔约方应确保，在2020 年1 月1 日
起的十二个月期间，以及其后每十二个月期
间，其消 费附件F 所列受控物质的计算数量
（以二氧化碳当量表示），不超过 其2011
年、2012 年和2013 年消费附件F 所列受控
物质的年均计算数量与下文(a)至(e)项为相关
年度范围所具体规定百分比的乘积，加上第
2F 条第1 款所列的其消费附件C 第一类受控
物质的计算数量的百分之二十五的总和（以二
氧化碳当量表示）：
2. 尽管本条第1 款如此规定，但缔约方可以
决定某缔约方应确保，在 2020 年1 月1 日
起的十二个月期间，以及其后每十二个月期
间，其附件 F 所列受控物质的消费计算数量
（以二氧化碳当量表示），不超过其附件 F
所列受控物质2011 年、2012 年和 2013 年
的年均消费计算数量加上其第 2F 条第 1 款
所列的附件 C 第一类受控物质的消费计算数
量的百分之二十五的总和（以二氧化碳当量
表示）与在下文(a)至(e)项所列相关年度范
围所具体规定的百分比的乘积：
Article 2J /
Article 2J :
3. 生产附件F 中受控物质的每一缔约方应确
保，在2019 年1 月1 日起的十二个月期
间，以及其后每十二个月期间，其生产附件F
所列受控物质的计算数量（以二氧化碳当量
表示），不超过其2011 年、2012 年和2013
年生产附件F 所列受控物质的年均计算数量
与下文(a)至(e)项为相关年度范围所具体规
定百分比的乘积，加上第2F 条第2 款所列
的其消费附件C 第一类受控物质的计算数量
的百分之十五的总和（以二氧化碳当量表
示）：
3. 生产附件 F 中受控物质的每一缔约方应
确保，在 2019 年 1 月 1 日起的十二个月
期间，以及其后每十二个月期间，其附件 F
所列受控物质的生产计算数量（以二氧化碳
当量表示），不超过其附件 F 所列受控物质
2011 年、2012 年和 2013 年的年均生产计
算数量加上其第 2F 条第 2 款所列的附件 C
第一类受控物质的生产计算数量的百分之十
五的总和（以二氧化碳当量表示）与在下文
(a)至(e)项所列相关年度范围所具体规定的
百分比的乘积：
2
Article 2J /
Article 2J :
4. 尽管本条第3 款如此规定，但缔约方可以
决定生产附件F中受控物质的某缔约方应确
保，在2020 年1 月1 日起的十二个月期间，
以及其后每十二个月期间，其生产附件F 所
列受控物质的计算数量（以二氧化碳当量表
示），不超过其2011 年、2012 年和2013 年
生产附件F 所列受控物质的年均计算数量与
下文(a)至(e)项为相关年度范围所具体规定
百分比的乘积，加上第2F 条第2 款所列的其
生产附件C 第一类受控 物质的计算数量的百
分之二十五的总和（以二氧化碳当量表
示）：
4. 尽管本条第3 款如此规定，但缔约方可以
决定生产附件F 中受控物质的某缔约方应确
保，在2020 年1 月1 日起的十二个月期
间，以及其后每十二个月期间，其附件 F 所
列受控物质的生产计算数量（以二氧化碳当
量表示），不超过其附件 F 所列受控物质
2011 年、2012 年和 2013 年的年均生产计
算数量加上其第 2F 条第 2 款所列的附件 C
第一类受控物质的生产计算数量的百分之二
十五的总和（以二氧化碳当量表示）与在下
文(a)至(e)项所列相关年度范围所具体规定
的百分比的乘积：
Article 2J /
Article 2J :
6. 生产附件C 第一类物质或附件F 物质的
每一缔约方应确保于自2020 年1 月1 日起
的十二个月期间，及其后每十二个月期间，
其生产附件C 第一类物质或附件F 物质的每
处生产设施产生的附件F 第二类物质的排放
应使用各缔约方在相关十二个月期间核准的
技术尽量销毁。
6. 生产附件C 第一类物质或附件F 物质的
每一缔约方应确保于自2020 年1 月1 日起
的十二个月期间，及其后每十二个月期间，
其生产附件C 第一类物质或附件F 物质的每
处生产设施产生的附件F 第二类物质的排放
应在相同的十二个月期间使用缔约方核准的技
术尽量销毁。
Article 2J /
Article 2J :
7. 每一缔约方应确保，对生产附件C 第一类
物质或附件F 物质的所产生的附件F 第二类
物质的任何销毁，只应采用各缔约方核准的
技术。
7. 每一缔约方应确保，对生产附件C 第一类
物质或附件F 物质的设施所产生的附件F 第
二类物质的任何销毁，只采用缔约方核准的
技术。
In the table heading
in Annex C /
Dans le titre de colonne
de l’Annexe C
附件 C 和附件 F
应以下表替换《议定书》附件 C 第一类物质
列表：
100 年全球升温潜能值*
附件 C 和附件 F
应以下表替换《议定书》附件 C 第一类物质
列表：
100 年全球升温潜能值***
Article II /
Article II :
第二条：与1999 年《修正》之间的关系
任何国家或区域经济一体化组织，只有此前
已经或于本次同时交存对1999 年12 月3 日
在北京举行的缔约方第十一次会议所通过的
《修正》的有关文书，才能交存对本修正的
批准、接受、核准或加入文书。
第二条：与1999 年修正的关系
任何国家或区域经济一体化组织，只有此前
已经或同时交存对1999 年12 月3 日在北京
举行的缔约方第十一次会议所通过的修正的
批准、接受、核准或加入文书,才能交存对本
修正的此种文书。
Article V /
Article V :
第五条：临时实施
任何缔约方可在本修正对其生效前的任何时
间声明，其将临时实施第2J 条载列的控制措
施以及第7 条中的相应报告义务，直至本修
正生效。
第五条：临时实施
任何缔约方可在本修正对其生效前的任何时
间声明，其将临时实施第2J 条载列的任何控
制措施以及第7 条中的相应报告义务，直至
本修正生效。
3
Article of the
Amendment / Article
de l’Amendement
French authentic text /
Texte authentique français
Proposed corrections to the French
authentic text / Corrections proposées
au texte authentique français
In footnote * of the
table in Annex C / Dans
la note de bas de page *
du tableau de
l’Annexe C
* Lorsqu’une fourchette est indiquée pour les
valeurs du potentiel de destruction de l’ozone
(PDO), c’est la valeur la plus élevée de cette
fourchette qui est utilisée aux fins du
Protocole. Lorsqu’un seul chiffre est indiqué
comme valeur du PDO, celui-ci a été
déterminé à partir de calculs reposant sur des
mesures en laboratoire. Les valeurs indiquées
pour la fourchette reposent sur des estimations
et sont donc moins certaines. La fourchette se
rapporte à un groupe d’isomères. La valeur
supérieure correspond à l’estimation du PDO
de l’isomère au PDO le plus élevé et la valeur
inférieure à l’estimation du PDO de l’isomère
au PDO le plus faible.
* Lorsqu’une fourchette est indiquée pour les
valeurs du potentiel d’appauvrissement de la
couche d’ozone, c’est la valeur la plus élevée
de cette fourchette qui est utilisée aux fins du
Protocole. Lorsqu’un seul chiffre est indiqué
comme valeur du potentiel
d’appauvrissement de la couche d’ozone,
celui-ci a été déterminé à partir de calculs
reposant sur des mesures en laboratoire. Les
valeurs indiquées pour la fourchette reposent
sur des estimations et sont donc moins
certaines. La fourchette se rapporte à un groupe
d’isomères. La valeur supérieure correspond à
l’estimation du potentiel d’appauvrissement
de la couche d’ozone de l’isomère au
potentiel d’appauvrissement de la couche
d’ozone le plus élevé et la valeur inférieure à
l’estimation du potentiel d’appauvrissement
de la couche d’ozone de l’isomère au
potentiel d’appauvrissement de la couche
d’ozone le plus faible.
In footnote ** of the
table in Annex C / Dans
la note de bas de
page ** du tableau de
l’Annexe C
** Désigne les substances les plus viables
commercialement, dont les valeurs indiquées
pour le potentiel de destruction de l’ozone
(PDO) doivent être utilisées aux fins du
Protocole.
** Désigne les substances les plus viables
commercialement, dont les valeurs indiquées
pour le potentiel d’appauvrissement de la
couche d’ozone doivent être utilisées aux fins
du Protocole.
Reference: C.N.379.2018.TREATIES-XXVII.2.f (Depositary Notification)
AMENDMENT TO THE MONTREAL PROTOCOL ON SUBSTANCES THAT
DEPLETE THE OZONE LAYER
KIGALI, 15 OCTOBER 2016
CORRECTIONS TO THE CHINESE AND FRENCH AUTHENTIC TEXTS OF THE AMENDMENT 1
The Secretary-General of the United Nations, acting in his capacity as depositary,
communicates the following:
By 5 August 2018, the date on which the period specified for the notification of objection to
the proposed corrections expired, no objection had been notified to the Secretary-General.
Consequently, the Secretary-General has effected the required corrections to the Chinese and
French authentic texts of the Amendment.
The corresponding procès-verbal of rectification is transmitted herewith.
14 August 2018
1 Refer to depositary notification C.N.232.2018.TREATIES-XXVII.2.f of 7 May 2018
(Proposal of corrections to the Chinese and French authentic texts of the Amendment).
….
UNITED NATIONS NATIONS UNIES
POSTAL ADDRESS ADRESSE POSTALE UNITED NATIONS, N.Y. 10OT7
CABLE ADDRESS-ADRESSE TELEGRAPHIQUE UNATIONS NEWYORK
UNITED NATIONS NATIONS UNIES
AMENDMENT TO THE MONTREAL PROTOCOL
ON SUBSTANCES THAT DEPLETE THE
OZONE LAYER, ADOPTED AT KIGALI ON
15 OCTOBER 2016
PROC~S-VERBAL OF RECTIFICATION
TO THE AUTHENTIC CHINESE AND FRENCH
TEXTS OF THE AMENDMENT
THE SECRETARY-GENERAL OF THE
UNITED NATIONS, acting in his
capacity as depositary of the
Amendment to the Montreal Protocol
on Substances that Deplete the
Ozone Layer, adopted at Kigali on
15 October 2016 (the Amendment),
WHEREAS it appears that the
Chinese and French authentic texts
of the Amendment contain certain
errors,
WHEREAS the corresponding
proposal of corrections has been
communicated to all interested
States by depositary notification
C.N.232.2018.TREATIES-XXVII.2.£ of
7 May 2018,
WHEREAS by 5 August 2018, the
date on which the period specified
for the notification of objection
to the proposal of corrections
expired, no objection had been
notified,
HAS CAUSED the corrections as
indicated in the above notification
to be effected in the Chinese and
French authentic texts of the
Amendment.
IN WITNESS WHEREOF, I,
Stephen Mathias, Assistant
Secretary-General in charge of the
Office of Legal Affairs, have
signed this Proc~s-verbal.
Done at the Headquarters of the
United Nations, New York, on
14 August 2018.
AMENDEMENT AU PROTOCOLE DE MONTR~AL
RELATIF ~ DES SUBSTANCES QUI
APPAUVRISSENT LA COUCHE D' OZONE,
ADOPT~ ~ KIGALI LE 15 OCTOBRE 2016
PROC~S-VERBAL DE RECTIFICATION
AUX TEXTES AUTHENTIQUES CHINOIS ET
FRAN~AIS DE L' AMENDEMENT
LE SECR~TAIRE G~N~RAL DE
L'ORGANISATION DES NATIONS UNIES,
agissant en sa qualit~ de
d~positaire de l'Amendement au
Protocole de Montr~al relatif ~ des
substances qui appauvrissent la
couche d'ozone, adopt~ ~ Kigali le
15 octobre 2016 (l'Amendement),
CONS ID~RANT que les textes
authentiques chinois et franais de
l'Amendement contiennent certaines
erreurs,
CONSID~RANT que la proposition de
corrections correspondante a ~t~
communiqu~e ~ tous les ~tats
int~ress~s par la notification
d~positaire C.N.232.2018.TREATIESXXVII.
2.f du 7 mai 2018,
CONSID~RANT qu' au 5 aout 2018,
date ~ laquelle le d~lai sp~cifi~
pour la notification d'objection
aux corrections propos~es a expir~,
aucune objection n'a ~t~ notifi~e,
A FAIT PROC~DER aux corrections
requises aux textes authentiques
chinois et fran~ais de l'Amendement
tel qu'indiqu~ dans la notification
pr~cit~e.
EN FOI DE QUOI, Nous,
Stephen Mathias, le Sous-Secr~taire
g~n~ral charg~ du Bureau des
affaires juridiques, avons sign~ le
pr~sent proc~s-verbal.
Fait au Si~ge de l'Organisation
des Nations Unies, a New York, le
14 ao~t 2018.
Reference: C.N.601.2018.TREATIES-XXVII.2.a (Depositary Notification)
MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE
LAYER
MONTREAL, 16 SEPTEMBER 1987
ADOPTION OF ADJUSTMENTS
The Secretary-General of the United Nations, acting in his capacity as depositary,
communicates the following:
At the thirtieth Meeting of the Parties to the above Protocol, held in Quito, Ecuador, from 5 to
9 November 2018, the Parties adopted, by Decision XXX/2, adjustments of production and
consumption of the controlled substances listed in Group I of Annex C to the Protocol, pursuant to
paragraph 9 of article 2 of the Protocol.
The text of the said adjustments is transmitted herewith in the six authentic languages of the
Protocol as an annex to this notification.
Pursuant to paragraph 9 of article 2 of the Protocol, the adjustments will enter into force on the
expiry of six months from the date of the present notification, i.e., on 21 June 2019.
21 December 2018
......
UNITED NATIONS NATIONS UNIES
POSTAL ADDRESS ADRESSE POSTALE UNITED NATIONS, N.Y. 10OT7
CABLE ADDRESS-ADRESSE TELEGRAPHIQUE UNATIONS NEWYORK
C.N.601.2018.TREATIES-XXVII.2.a
Annex / Annexe
Adjustments to the Montreal Protocol on Substances that Deplete
the Ozone Layer relating to the controlled substances in Annex C,
Group I, for parties not operating under paragraph 1 of Article 5
Article 2F, paragraph 6
The following sentence shall be added in paragraph 6 of Article 2F of the Protocol
after the words “does not exceed zero.” and before the word “However:”:
“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, paragraph 6 (a)
In paragraph 6 (a) of Article 2F of the Protocol,
There shall be inserted a colon after the words “restricted to”
The words “the servicing of refrigeration and air-conditioning equipment existing on
1 January 2020;” shall be moved to a new subparagraph 6 (a) (i)
The following subparagraphs shall be inserted after the new subparagraph 6 (a) (i)
“(ii) The servicing of fire suppression and fire protection equipment existing on 1
January 2020;
(iii) Solvent applications in rocket engine manufacturing; and
(iv) Topical medical aerosol applications for the specialised treatment of burns.”
Article 2F, paragraph 6(b)
In paragraph 6 (b) of Article 2F of the Protocol,
There shall be inserted a colon after the words “restricted to”
The words “The servicing of refrigeration and air-conditioning equipment existing
on 1 January 2020.” shall be moved to a new subparagraph 6 (b) (i)
For the period following “2020” there shall be substituted a semicolon
The following subparagraphs shall be inserted after the new subparagraph 6 (b) (i)
“(ii) The servicing of fire suppression and fire protection equipment existing on 1
January 2020;
(iii) Solvent applications in rocket engine manufacturing; and
(iv) Topical medical aerosol applications for the specialised treatment of burns.”
5
Article 5, paragraph 8 ter (e)
The following sentence shall be added in paragraph 8 ter (e) of Article 5 of the
Protocol after the words “does not exceed zero.” and before the word “However:”:
“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 5, paragraph 8 ter (e) (i)
In paragraph 8 ter (e) (i) of Article 5 of the Protocol,
There shall be inserted a colon after the words “restricted to”
The words “The servicing of refrigeration and air-conditioning equipment existing
on 1 January 2030;” shall be moved to a new subparagraph 8 ter (e) (i) a.
The following subparagraphs shall be inserted after the new subparagraph 8 ter (e)
(i) a.
“b. The servicing of fire suppression and fire protection equipment existing on 1
January 2030;
c. Solvent applications in rocket engine manufacturing; and
d. Topical medical aerosol applications for the specialized treatment of burns.”
Article 5, paragraph 8 ter (e) (ii)
In paragraph 8 ter (e) (ii) of Article 5 of the Protocol,
There shall be inserted a colon after the words “restricted to”
The words “the servicing of refrigeration and air-conditioning equipment existing on
1 January 2030.” shall be moved to a new subparagraph 8 ter (e) (ii) a.
For the period following “2030” there shall be substituted a semicolon
The following subparagraphs shall be inserted after the new subparagraph 8 ter (e)
(ii) a.
“b. The servicing of fire suppression and fire protection equipment existing on 1
January 2030;
c. Solvent applications in rocket engine manufacturing; and
d. Topical medical aerosol applications for the specialized treatment of burns.”
6
I hereby certify that the foregoing text
is of the
on Substances that
the on
9 November 2018 at the Meeting Parties above Protocol, Quito, Ecuador, from 5 to 9 November 2018.
For the Secretary-General,
Assistant Secretary-General
Legal Affairs
Je certifie que le texte qui pr6cdde est
conforme au
de Montrdal relatif d des
substances qui appauvrissent la couche
adoptds novembre d la
trentidme R6union des Parties au Protocole
susmentionnd, tenue i Quito, Equateur, du 5
au 9 novembre 2018.
Pour le Secrdtaire gdn6ral,
Sous-Secr6taire g6ndral
aux affaires stA /\.t^-
Stfhen Mathias
United Nations
New York, 20 December 2018
Organisation des Nations Unies
le 20 ddcembre 2018
I hereby certify that the foregoing text
a true copy the Adjustments to the
Montreal Protocol on Substances that
Deplete Ozone Layer, adopted on
9 November 2018 at the thirtieth Meeting of
the Parties to the above Protocol, held in
Quito, Ecuador, from 5 to 9 November 2018.
For the Secretary-General,
Assistant Secretary-General
for Legal Affairs
Je certifie que le texte qui pr~c~de est
une copie conforme des Ajustements au
Protocole de Montr~al ~ des
substances appauvrissent couche
d'ozone, adopt~s le 9 novembre 2018 ~ la
trenti~me R~union des Parties au Protocole
susmentionn~, tenue ~ Quito, Equateur, du 5
au 9 novembre 2018.
Pour le Secr~taire g~n~ral,
Sous-Secr~taire g~n~ral
aux affaires juridiques
United Nations
New York, 20 December 2018
Organisation des Nations Unies
New York, le 20 d~cembre 2018