Montreal Protocol (16 Sep 1987) in United States

Montreal Protocol (16 Sep 1987)

MONTREAL PROTOCOL ON SUBSTANCES
THAT DEPLETE THE OZONE LAYER

As Amended in London, June 1990;
and at Copenhagen, 23-25 November 1992

The Parties to this Protocol,

Being Parties to the Vienna Convention for the Protection of the Ozone
Layer,

Mindful of their obligation under that Convention to take appropriate
measures to protect human health and the environment against adverse
effects resulting or likely to result from human activities which modify or
are likely to modify the ozone layer,

Recognizing that world-wide emissions of certain substances can
significantly deplete and otherwise modify the ozone layer in a manner that
is likely to result in adverse effects on human health and the environment,

Conscious of the potential climatic effect of emissions of these
substances,

Aware that measures taken to protect the ozone layer from depletion should
be based on relevant scientific knowledge, taking into account technical
and economic considerations,

Determined to protect the ozone layer by taking precautionary measures to
control equitably total global emissions of substances that deplete it,
with the ultimate objective of their elimination on the basis of
developments in scientific knowledge, taking into account technical and
economic considerations and bearing in mind the developmental needs of
developing countries,

Acknowledging that special provision is required to meet the needs of
developing countries, including the provision of additional financial
resources and access to relevant technologies, bearing in mind that the
magnitude of funds necessary is predictable, and the funds can be expected
to make a substantial difference in the world’s ability to address the
scientifically established problem of ozone depletion and its harmful
effects,

Noting the precautionary measures for controlling emissions of certain
chlorofluorocarbons that have already been taken at national and regional
levels,

Considering the importance of promoting international cooperation in the
research, development and transfer of alternative technologies relating to
the control and reduction of emissions of substances that deplete the ozone
layer, bearing in mind in particular the needs of developing countries,

HAVE AGREED AS FOLLOWS:

Article 1: Definitions

For the purposes of this Protocol:

1. “Convention” means the Vienna Convention for the Protection of the Ozone
Layer, adopted on 22 March 1985.

2. “Parties” means, unless the text otherwise indicates, Parties to this
Protocol.

3. “Secretariat” means the secretariat of the Convention.

4. “Controlled substance” means a substance listed in Annex A, Annex B,
Annex C or Annex E to this Protocol, whether existing alone or in a
mixture. It includes the isomers of any such substance, except as specified
in the relevant Annex, but excludes any controlled substance or mixture
which is in a manufactured product other than a container used for the
transportation or storage of that substance.

5. “Production” means the amount of controlled substances produced minus
the amount destroyed by technologies to be approved by the Parties and
minus the amount entirely used as feedstock in the manufacture of other
chemicals. The amount recycled and reused is not to be considered as
“production”.

6. “Consumption” means production plus imports minus exports of controlled
substances.

7. “Calculated levels” of production, imports, exports and consumption
means levels determined in accordance with Article 3.

8. “Industrial rationalization” means the transfer of all or a portion of
the calculated level of production of one Party to another, for the purpose
of achieving economic efficiencies or responding to anticipated shortfalls
in supply as a result of plant closures.

Article 2: Control Measures

1. 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 I 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 percent 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 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 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 and Article 2H, provided that the total combined calculated levels
of production of the Parties concerned for any group of controlled
substances do not exceed the production limits set out in those Articles
for that group. Such transfer of production shall be notified to the
Secretariat by each of the Parties concerned, stating the terms of such
transfer and the period for which it is to apply.

5 bis. Any Party not operating under paragraph 1 of Article 5 may, for one
or more control periods, transfer to another such Party any portion of its
calculated level of consumption set out in Article 2F, provided that the
calculated level of consumption of controlled substances in Group I of
Annex A of the Party transferring the portion of its calculated level of
consumption did not exceed 0.25 kilograms per capita in 1989 and that the
total combined calculated levels of consumption of the Parties concerned do
not exceed the consumption limits set out in Article 2F. Such transfer of
consumption shall be notified to the Secretariat by each of the Parties
concerned, stating the terms of such transfer and the period for which it
is to apply.

6. Any Party not operating under Article 5, that has facilities for the
production of Annex A or Annex B controlled substances under construction,
or contracted for, prior to 16 September 1987, and provided for in national
legislation prior to 1 January 1987, may add the production from such
facilities to its 1986 production of such substances for the purposes of
determining its calculated level of production for 1986, provided that such
facilities are completed by 31 December 1990 and that such production does
not raise that Party’s annual calculated level of consumption of the
controlled substances above 0.5 kilograms per capita.

7. Any transfer of production pursuant to paragraph 5 or any addition to
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 fulfill their obligations
respecting consumption under this Article and Articles 2A to 2H
provided that their total combined calculated level of consumption
does not exceed the levels required by this Article and Articles 2A
to 2H.
(b) The Parties to any such agreement shall inform the secretariat of the
terms of the agreement before the date of the reduction in
consumption with which the agreement is concerned.
(c) Such agreement will become operative only if all Member States of the
regional economic integration organization and the organization
concerned are Parties to the Protocol and have notified the
secretariat of their manner of implementation.

9. (a) Based on the assessments made pursuant to Article 6, the Parties
may decide whether:
(i) Adjustments to the ozone depleting potentials specified in Annex
A, Annex B, Annex C and/or Annex E should be made, and, if so, what
the adjustments should be; and
(ii) Further adjustments and reductions of production or consumption
of the controlled substances should be undertaken and, if so, what
the scope, amount and timing of any such adjustments and reductions
should be;
(b) Proposals for such adjustments shall be communicated to the Parties
by the secretariat at least six months before the meeting of the
Parties at which they are proposed for adoption;
(c) In taking such decisions, the Parties shall make every effort to
reach agreement by consensus. If all efforts at consensus have been
exhausted, and no agreement reached, such decisions shall, as a last
resort, be adopted by a two-thirds majority vote of the Parties
present and voting representing a majority of the Parties operating
under paragraph 1 of Article 5 present and voting and a majority of
Parties not so operating present and voting.
(d) The decisions, which shall be binding on all Parties, shall forthwith
be communicated to the Parties by the Depositary. Unless otherwise
provided in the decisions, they shall enter into force on the expiry
of six months from the date of the circulation of the communication
by the Depositary.

10. Based on the assessments made pursuant to Article 6 of this Protocol
and in accordance with the procedure set out in Article 9 of the
Convention, the Parties may decide:
(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.

11. Notwithstanding the provisions contained in this Article and Articles
2A to 2H, Parties may take more stringent measures than those required by
this Article and Articles 2A to 2H.

Article 2A: CFCS

2. Each Party shall ensure that for the period from 1 July 1991 to 31
December 1992 its calculated levels of consumption and production of the
controlled substances in Group I of Annex A do not exceed 150 per cent of
its calculated levels of production and consumption of those substances in
1986; with effect from 1 January 1993, the twelve-month control period for
these controlled substances shall run from 1 January to 31 December each
year.

3. Each Party shall ensure that for the twelve-month period commencing on
1 January 1994, and in each twelve-month period thereafter, its calculated
level of consumption of the controlled substances in Group I of Annex A
does not exceed, annually, twenty-five per cent of its calculated level of
consumption in 1986. Each Party producing one or more of these substances
shall, for the same periods, ensure that its calculated level of production
of the substances does not exceed, annually, twenty-five percent of its
calculated level of production in 1986. However, in order to satisfy the
basic domestic needs of the Parties operating under paragraph 1 of Article
5, its calculated level of production may exceed that limit by up to ten
per cent of its calculated level of production in 1986.

4. Each Party shall ensure that for the twelve-month period commencing on
1 January 1996, and in each twelve-month period thereafter, its calculated
level of consumption of the controlled substances in Group I of Annex A
does not exceed zero. Each Party producing one or more of these substances
shall, for the same periods, ensure that its calculated level of production
of the substances does not exceed zero. However, in order to satisfy the
basic domestic needs of the Parties operating under paragraph 1 of Article
5, its calculated level of production may exceed that limit by up to
fifteen per cent of its calculated level of production in 1986. This
paragraph will apply save to the extent that the Parties decide to permit
the level of production or consumption that is necessary to satisfy uses
agreed by them to be essential.

Article 2B: Halons

1. Each Party shall ensure that for the twelve-month period commencing on 1
January 1992, and in each twelve month period thereafter, its calculated
level of consumption of the controlled substances in Group 11 of Annex A
does not exceed, annually, its calculated level of consumption in 1986.
Each Party producing one or more of these substances shall, for the same
periods, ensure that its calculated level of production of the substances
does not exceed, annually, its calculated level of production in 1986.
However, in order to satisfy the basic domestic needs of the Parties
operating under paragraph 1 of Article 5, its calculated level of
production may exceed that limit by up to ten per cent of its calculated
level of production in 1986.

2. Each Party shall ensure that for the twelve-month period commencing on
1 January 1994, and in each twelve-month period thereafter, its calculated
level of consumption of the controlled substances in Group II of Annex A
does not exceed zero. Each Party producing one or more of these substances
shall, for the same periods, ensure that its calculated level of production
of the substances does not exceed zero. However, in order to satisfy the
basic domestic needs of the Parties operating under paragraph 1 of Article
5, its calculated level of production may exceed that limit by up to
fifteen per cent of its calculated level of production in 1986. This
paragraph will apply save to the extent that the Parties decide to permit
the level of production or consumption that is necessary to satisfy uses
agreed by them to be essential.

Article 2C: Other Fully Halogenated CFCS

1. Each Party shall ensure that for the twelve-month period commencing on
1 January 1993, its calculated level of consumption of the controlled
substances in Group I of Annex B does not exceed, annually, eighty per cent
of its calculated level of consumption in 1989. Each Party producing one
or more of these substances shall, for the same period, ensure that its
calculated level of production of the substances does not exceed, annually,
eighty per cent of its calculated level of production in 1989. However, in
order to satisfy the basic domestic needs of the Parties operating under
paragraph 1 of Article 5, its calculated level of production may exceed
that limit by up to ten per cent of its calculated level of production in
1989.

2. Each Party shall ensure that for the twelve-month period commencing on
1 January 1994, and in each twelve-month period thereafter, its calculated
level of consumption of the controlled substances in Group I of Annex B
does not exceed, annually, twenty-five per cent of its calculated level of
consumption in 1989. Each Party producing one or more of these substances
shall, for the same periods, ensure that its calculated level of production
of the substances does not exceed, annually, twenty-five per cent of its
calculated level of production in 1989. However, in order to satisfy the
basic domestic needs of the Parties operating under paragraph 1 of Article
5, its calculated level of production may exceed that limit by up to ten
per cent of its calculated level of production in 1989.

3. Each Party shall ensure that for the twelve-month period commencing on
1 January 1996, and in each twelve-month period thereafter, its calculated
level of consumption of the controlled substances in Group I of Annex B
does not exceed zero. Each Party producing one or more of these substances
shall, for the same periods, ensure that its calculated level of production
of the substances does not exceed zero. However, in order to satisfy the
basic domestic needs of the Parties operating under paragraph 1 of Article
5, its calculated level of production may exceed that limit by up to
fifteen per cent of its calculated level of production in 1989. This
paragraph will apply save to the extent that the Parties decide to permit
the level of production or consumption that is necessary to satisfy uses
agreed by them to be essential.

Article 2D: Carbon Tetrachloride

1. Each Party shall ensure that for the twelve-month period commencing on
1 January 1995, its calculated level of consumption of the controlled
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 1
of Article 5, its calculated level of production may exceed that limit by
up to ten per cent of its calculated level of production in 1989.

2. Each Party shall ensure that for the twelve-month period commencing on
1 January 1996, and in each twelve-month period thereafter, its calculated
level of consumption of the controlled substance in Group II of Annex B
does not exceed zero. Each Party producing the substance shall, for the
same periods, ensure that its calculated level of production of the
substance does not exceed zero. However, in order to satisfy the basic
domestic needs of the Parties operating under paragraph 1 of Article 5, its
calculated level of production may exceed that limit by up to fifteen per
cent of its calculated level of production in 1989. This paragraph will
apply save to the extent that the Parties decide to permit the level of
production or consumption that is necessary to satisfy uses agreed by them
to be essential.

Article 2E; 1,1,1-Trichlorethane (Methyl Chloroform)

1. Each Party shall ensure that for the twelve-month period commencing on
1 January 1993, its calculated level of consumption of the controlled
substance in Group III of Annex B does not exceed, annually, its calculated
level of consumption in 1989. Each Party producing the substance shall,
for the same period, ensure that its calculated level of production of the
substance does not exceed, annually, its calculated level of production in
1989. However, in order to satisfy the basic domestic needs of the Parties
operating under paragraph 1 of Article 5, its calculated level of
production may exceed that limit by up to ten per cent of its calculated
level of production in 1989.

2. Each Party shall ensure that for the twelve-month period commencing on
1 January 1994, and in each twelve-month period thereafter, its calculated
level of consumption of the controlled substance in Group III of Annex B
does not exceed, annually, fifty per cent of its calculated level of
consumption in 1989. Each Party producing the substance shall, for the same
periods, ensure that its calculated level of production of the substance
does not exceed, annually, fifty per cent of its calculated level of
production in 1989. However, in order to satisfy the basic domestic needs
of the Parties operating under paragraph 1 of Article 5, its calculated
level of production may exceed that limit by up to ten per cent of its
calculated level of production in 1989.

3. Each Party shall ensure that for the twelve-month period commencing on
1 January 1996, and in each twelve-month period thereafter, its calculated
level of consumption of the controlled substance in Group III of Annex B
does not exceed zero. Each Party producing the substance shall, for the
same periods, ensure that its calculated level of production of the
substance does not exceed zero. However, in order to satisfy the basic
domestic needs of the Parties operating under paragraph 1 of Article 5, its
calculated level of production may exceed that limit by up to fifteen per
cent of its calculated level of production for 1989. This paragraph will
apply save to the extent that the Parties decide to permit the level of
production or consumption that is necessary to satisfy uses agreed by them
to be essential.

Article 2F: Hydrochlorofluorocarbons

1. Each Party shall ensure that for the twelve-month period commencing on
1 January 1996, and in each twelve-month period thereafter, its calculated
level of consumption of the controlled substances in Group I of Annex C
does not exceed, annually, the sum of:

(a) 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
1 January 2004, and in each twelve-month period thereafter, its calculated
level of consumption of the controlled substances in Group I of Annex C
does not exceed, annually, sixty-five per cent of the sum referred to in
paragraph 1 of this Article.

3. Each Party shall ensure that for the twelve-month period commencing on
1 January 2010, and in each twelve-month period thereafter, its calculated
level of consumption of the controlled substances in Group I of Annex C
does not exceed, annually, thirty-five per cent of the sum referred to in
paragraph 1 of this Article.

4. Each Party shall ensure that for the twelve-month period commencing on
1 January 2015, and in each twelve-month period thereafter, its calculated
level of consumption of the controlled substances in Group I of Annex C
does not exceed, annually, ten per cent of the sum referred to in paragraph
1 of this Article.

5. Each Party shall ensure that for the twelve-month period commencing on
1 January 2020, and in each twelve-month period thereafter, its calculated
level of consumption of the controlled substances in Group I of Annex C
does not exceed, annually, zero point five per cent of the sum referred to
in paragraph 1 of this Article.

6. Each Party shall ensure that for the twelve-month period commencing on
1 January 2030, and in each twelve-month period thereafter, its calculated
level of consumption of the controlled substances in Group I of Annex C
does not exceed zero.

7. As of 1 January 1996, each Party shall endeavour to ensure that:

(a) The use of controlled substances in Group I of Annex C is limited to
those applications where other more environmentally suitable alternative
substances or technologies are not available;

(b) The use of controlled substances in Group I of Annex C is not
outside the areas of application currently met by controlled substances in
Annexes A, B and C, except in rare cases for the protection of human life
or human health; and

(c) Controlled substances in Group I of Annex C are selected for use in
a manner that minimizes ozone depletion, in addition to meeting other
environmental, safety and economic considerations.

Article 2G: Hydrobromofluorocarbons

Each Party shall ensure that for the twelve-month period commencing on 1
January 1996, and in each twelve-month period thereafter, its calculated
level of consumption of the controlled substances in Group II of Annex C
does not exceed zero. Each Party producing the substances shall, for the
same periods, ensure that its calculated level of production of the
substances does not exceed zero. This paragraph will apply save to the
extent that the Parties decide to permit the level of production or
consumption that is necessary to satisfy uses agreed by them to be
essential.

Article 2H: Methyl Bromide

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. The
calculated levels of consumption and production under this Article shall
not include the amounts used by the Party for quarantine and pre-shipment
applications.

Article 3: Calculation of Control Levels

For the purposes of Articles 2, 2A to 2H, and 5, each Party shall, for each
group of substances in Annex A, Annex B, Annex C or Annex E, determine its
calculated level of:

(a) Production by:
(i) Multiplying its annual production of each controlled substance by
the ozone depleting potential specified in respect of it in Annex A,
Annex B, Annex C or Annex E; and
(ii) Adding together, for each such group, the resulting figures;
(b) Imports and exports, respectively, by following, mutatis mutandis,
the procedure set out in subparagraph (a); and
(c) Consumption by adding together its calculated levels of production
and imports and subtracting its calculated level of exports as
determined in accordance with subparagraphs (a) and (b). However,
beginning on 1 January 1993, any export of controlled substances to
non-Parties shall not be subtracted in calculating the consumption
level of the exporting Party.

Article 4: Control of Trade with Non-Parties

1. As of 1 January 1990, each Party shall ban the import of the controlled
substances in Annex A from any State not party to this Protocol.

1 bis. Within one year of the date of the entry into force of this
paragraph, each Party shall ban the import of the controlled substances in
Annex B from any State not party to this Protocol.

1 ter. Within one year of the date of entry into force of this paragraph,
each Party shall ban the import of any controlled substances in Group II of
Annex C from any State not party to this Protocol.

2. As of 1 January 1993, each party shall ban the export of any controlled
substances in Annex A to any State not party to this Protocol.

2 bis. Commencing one year after the date of entry into force of this
paragraph, each Party shall ban the export of any controlled substances in
Annex B to any State not party to this Protocol.

2 ter. Commencing one year after the date of entry into force of this
paragraph, each Party shall ban the export of any controlled substances in
Group II of Annex C to any State not party to this Protocol.

3. By 1 January 1992, the Parties shall, following the procedures in
Article 10 of the Convention, elaborate in an annex a list of products
containing controlled substances in Annex A. Parties that have not objected
to the annex in accordance with those procedures shall ban, within one year
of the annex having become effective, the import of those products from any
State not party to this Protocol.

3 bis. Within three years of the date of the entry into force of this
paragraph, the Parties shall, following the procedures in Article 10 of the
Convention, elaborate in an annex a list of products containing controlled
substances in Annex B. Parties that have not objected to the annex in
accordance with those procedures shall ban, within one year of the annex
having become effective, the import of those products from any State not
party to this Protocol.

3 ter. Within three years of the date of entry into force of this
paragraph, the Parties shall, following the procedures in Article 10 of the
Convention, elaborate in an annex a list of products containing controlled
substances in Group II of Annex C. Parties that have not objected to the
annex in accordance with those procedures shall ban, within one year of the
annex having become effective, the import of those products from any State
not party to this Protocol.

4. By 1 January 1994, the Parties shall determine the feasibility of
banning or restricting, from States not party to this Protocol, the import
of products produced with, but not containing, controlled substances in
Annex A. If determined feasible, the Parties shall, following the
procedures in Article 10 of the Convention, elaborate in an annex a list of
such products. Parties that have not objected to the annex in accordance
with those procedures shall ban, within one year of the annex having become
effective, the import of those products from any State not party to this
Protocol.

4. bis. Within five years of the date of the entry into force of this
paragraph, the Parties shall determine the feasibility of banning or
restricting, from States not party to this Protocol, the import of products
produced with, but not containing, controlled substances in Annex B. If
determined feasible, the Parties shall, following the procedures in Article
10 of the Convention, elaborate in an annex a list of such products.
Parties that have not objected to the annex in accordance with those
procedures shall ban or restrict, within one year of the annex having
become effective, the import of those products from any State not party to
this Protocol.

4 ter. Within five years of the date of entry into force of this
paragraph, the Parties shall determine feasibility of banning or
restricting, from States not party to this Protocol, the import of products
produced with, but not containing, controlled substances in Group II of
Annex C. If determined feasible, the Parties shall, following the
procedures in Article 10 of the Convention, elaborate in an annex a list of
such products. Parties that have not objected to the annex in accordance
with those procedures shall ban or restrict, within one year of the annex
having become effective, the import of those products from any State not
party to this Protocol.

5. Each Party undertakes to the fullest practicable extent to discourage
the export to any State not party to this Protocol of technology for
producing or utilizing controlled substances in Annexes A and B and Group
II of Annex C.

6. Each Party shall refrain from providing new subsidies, aid, credits,
guarantees or insurance programmes for the export to States not party to
this Protocol of products, equipment, plants or technology that would
facilitate the production of controlled substances in Annexes A and B and
Group II of Annex C.

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 in Annexes A and B and Group II of
Annex C, promote the development of alternative substances, or otherwise
contribute to the reduction of emissions of controlled substances in
Annexes A and B and Group II of Annex C.

8. Notwithstanding the provisions of this Article, imports and exports
referred to in paragraphs 1 to 4 ter of this Article may be permitted from,
or to, any State not party to this Protocol, if that State is determined by
a meeting of the Parties to be in full compliance with Article 2, Articles
2A to 2E, Article 2G and this Article and have submitted data to that
effect as specified in Article 7.

9. For the purposes of this Article, the term “State not party to this
Protocol” shall include, with respect to a particular controlled substance,
a State or regional economic integration organization that has not agreed
to be bound by the control measures in effect for that substance.

10. By 1 January 1996, the Parties shall consider whether to amend this
Protocol in order to extend the measures in this Article to trade in
controlled substances in Group I of Annex C and in Annex E with States not
party to the Protocol.

Article 5: Special Situation of Developing Countries

1. Any Party that is a developing country and whose annual calculated level
of consumption of the controlled substances in Annex A is less than 0.3
kilograms per capita on the date of the entry into force of the Protocol
for it, or any time thereafter until 1 January 1999, shall, in order to
meet its basic domestic needs, be entitled to delay for ten years its
compliance with the control measures set out in Articles 2A to 2E, provided
that any further amendments to the adjustments or 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.

1 bis. The Parties shall, taking into account the review referred to in
paragraph 8 of this Article, the assessments made pursuant to Article 6 and
any other relevant information, decide by 1 January 1996, through the
procedure set forth in paragraph 9 of Article 2:

(a) With respect to paragraphs 1 to 6 of Article 2F, what base year,
initial levels, control schedules and phase-out date for consumption of the
controlled substances in Group I of Annex C will apply to Parties operating
under paragraph 1 of this Article;

(b) With respect to Article 2G, what phase-out date for production and
consumption of the controlled substances in Group II of Annex C will apply
to Parties operating under paragraph 1 of this Article; and

(c) With respect to Article 2H, what base year, initial levels and
control schedules for consumption and production of the controlled
substance in Annex E will apply to Parties operating under paragraph 1 of
this Article.

2. However, any Party operating under paragraph 1 of this Article shall
exceed neither an annual calculated level of consumption of the controlled
substances in Annex A of 0.3 kilograms per capita nor an annual calculated
level of consumption of the controlled substances of Annex B of 0.2
kilograms per capita.

3. When implementing the control measures set out in Articles 2A to 2E, any
Party operating under paragraph 1 of this Article shall be entitled to use:

(a) For controlled substances under Annex A, either the average of its
annual calculated level of consumption for the period 1995 to 1997
inclusive or a calculated level of consumption of 0.3 kilograms per
capita, whichever is the lower, as the basis for determining its
compliance with the control measures;
(b) For controlled substances under Annex B, the average of its
calculated level of consumption for the period 1998 to 2000 inclusive
or a calculated level of consumption of 0.2 kilograms per capita,
whichever is the lower, as the basis for determining its compliance
with the control measures.

4. If a Party operating under paragraph 1 of this Article, at any time
before the control measures obligations in Articles 2A to 2H become
applicable to it, finds itself unable to obtain an adequate supply of
controlled substances, it may notify this to the Secretariat. The
Secretariat shall forthwith transmit a copy of such notification to the
Parties, which shall consider the matter at their next Meeting, and decide
upon appropriate action to be taken.

5. Developing the capacity to fulfill the obligations of the Parties
operating under paragraph 1 of Article 5 to comply with the control
measures set out in Article 2A to 2E, and any control measures in Articles
2F to 2H that are decided pursuant to paragraph 1 bis of this Article, and
their implementation by those same Parties will depend upon the effective
implementation of the financial co-operation as provided by Article 10 and
transfer of technology as provided by Article 10A.

6. Any Party operating under paragraph 1 of Article 5 may, at any time,
notify the Secretariat in writing that, having taken all practicable steps,
it is unable to implement any or all of the obligations laid down in
Articles 2A to 2E, or any or all obligations in Articles 2F to 2H that are
decided pursuant to paragraph 1 bis of this Article, due to the inadequate
implementation of Articles 10 and 10A. The Secretariat shall forthwith
transmit a copy of the notification to the Parties, which shall consider
the matter at their next Meeting, giving due recognition to paragraph 5 of
this Article, and shall decide upon appropriate action to be taken.

7. During the period between notification and the Meeting of the Parties at
which the appropriate action referred to in paragraph 6 of this Article is
to be decided, or for a further period, if the Meeting of Parties so
decides, the non-compliance procedures referred to in Article 8 shall not
be invoked against the notifying Party.

8. A Meeting of Parties shall review, not later than 1995, the situation of
the Parties operating under paragraph 1 of this Article, including the
effective implementation of financial co-operation and transfer of
technology to them, and adopt such revisions that may be deemed necessary
regarding the schedule of control measures applicable to those Parties.

9. Decisions of the Parties referred to in paragraphs 4, 6 and 7 of this
Article shall be taken according to the same procedure applied to
decision-making under Article 10.

Article 6: Assessment and Review of Control Measures

Beginning in 1990, and at least every four years thereafter, the Parties
shall assess the control measures provided for in Article 2 and Articles 2A
to 2H, on the basis of available scientific, environmental, technical and
economic information. At least one year before each assessment, the Parties
shall convene appropriate panels of experts qualified in the fields
mentioned and determine the composition and terms of reference of any such
panels. Within one year of being convened, the panels will report their
conclusions, through the secretariat, to the Parties.

Article 7: Reporting of Data

1. Each Party shall provide to the Secretariat, within three months of
becoming a Party, statistical data on its production, imports and exports
of each of the controlled substances in Annex A for the year 1986, or the
best possible estimates of such data where actual data are not available.

2. Each Party shall provide to the Secretariat statistical data on its
production, imports and exports of each of the controlled substances

— in Annexes B and C, for the year 1989;

— in Annex E, for the year 1991,

or the best possible estimates of such data where actual data are not
available, not later than three months after the date when the provisions
set out in the Protocol with regard to the substances in Annexes B, C and E
respectively enter into force for that Party.

3. Each Party shall provide to the Secretariat statistical data on its
annual production (as defined in paragraph 5 of Article 1) of each of the
controlled substances listed in Annexes A, B, C and E and, separately, for
each substance,

— Amounts used for feedstocks,

— Amounts destroyed by technologies approved by the Parties, and

— Imports from and exports to Parties and non-Parties respectively,

for the year during which provisions concerning the substances in Annexes A
B, C and E respectively entered into force for that Party and for each year
thereafter. Data shall be forwarded not later than nine months after the
end of the year to which the data relate.

3 bis. Each Party shall provide to the Secretariat separate statistical
data of its annual imports and exports of each of the controlled substances
listed in Group II of Annex A and Group I of Annex C that have been
recycled.

4. For Parties operating under the provisions of paragraph 8(a) of Article
2, the requirements in paragraphs 1, 2, 3 and 3 bis of this Article in
respect of statistical data on imports and exports shall be satisfied if
the regional economic integration organization concerned provides data on
imports and exports between the organization and States that are not
members of that organization.

Article 8: Non-Compliance

The Parties, at their first meeting, shall consider and approve procedures
and institutional mechanisms for determining non-compliance with the
provisions of this Protocol and for treatment of Parties found to be in
non-compliance.

Article 9: Research, Development, Public Awareness
and Exchange of Information

1. The Parties shall cooperate, consistent with their national laws,
regulations and practices and taking into account in particular the needs
of developing countries, in promoting, directly or through competent
international bodies, research, development and exchange of information on:

(a) Best technologies for improving the containment, recovery, recycling
or destruction of controlled substances or otherwise reducing their
emissions;
(b) Possible alternatives to controlled substances, to products
containing such substances, and to products manufactured with them;
and
(c) Costs and benefits of relevant control strategies.

2. The Parties, individually, jointly or through competent international
bodies, shall cooperate in promoting public awareness of the environmental
effects of the emissions of controlled substances and other substances that
deplete the ozone layer.

3. Within two years of the entry into force of this Protocol and every two
years thereafter, each Party shall submit to the secretariat a summary of
the activities it has conducted pursuant to this Article.

Article 10: Financial Mechanism

1. The Parties shall establish a mechanism for the purposes of providing
financial and technical cooperation, including the transfer of
technologies, to Parties operating under paragraph 1 of Article 5 of this
Protocol to enable their compliance with the control measures set out in
Articles 2A to 2E, and any control measures in Articles 2F to 2H that are
decided pursuant to paragraph 1 bis of Article 5 of the Protocol. The
mechanism, contributions to which shall be additional to other financial
transfers to Parties operating under that paragraph, shall meet all agreed
incremental costs of such Parties in order to enable their compliance with
the control measures of the Protocol. An indicative list of the categories
of incremental costs shall be decided by the meeting of the Parties.

2. The mechanism established under paragraph 1 shall include a Multilateral
Fund. It may also include other means of multilateral, regional and
bilateral cooperation.

3. The Multilateral Fund shall:

(a) Meet, on a grant or concessional basis as appropriate, and according
to criteria to be decided upon by the Parties, the agreed incremental
costs;
(b) Finance clearing-house functions to:
(i) Assist Parties operating under paragraph 1 of Article 5, through
country specific studies and other technical co-operation, to
identify their needs for cooperation;
(ii) Facilitate technical co-operation to meet these identified
needs;
(iii) Distribute, as provided for in Article 9, information and
relevant materials, and hold workshops, training sessions, and other
related activities, for the benefit of Parties that are developing
countries; and
(iv) Facilitate and monitor other multilateral, regional and
bilateral co-operation available to Parties that are developing
countries.
(c) Finance the secretarial services of the Multilateral Fund and related
support costs.

4. The Multilateral Fund shall operate under the authority of the Parties
who shall decide on its overall policies.

5. The Parties shall establish an Executive Committee to develop and
monitor the implementation of specific operational policies, guidelines and
administrative arrangements, including the disbursement of resources, for
the purpose of achieving the objectives of the Multilateral Fund. The
Executive Committee shall discharge its tasks and responsibilities,
specified in its terms of reference as agreed by the Parties, with the
cooperation and assistance of the International Bank for Reconstruction and
Development (World Bank), the United Nations Environment Programme, the
United Nations Development Programme or other appropriate agencies
depending on their respective areas of expertise. The members of the
Executive Committee, which shall be selected on the basis of balanced
representation of the Parties operating under paragraph 1 of Article 5 and
of the Parties not so operating, shall be endorsed by the Parties.

6. The Multilateral Fund shall be financed by contributions from Parties
not operating under paragraph 1 of Article 5 in convertible currency or, in
certain circumstances, in kind and/or in national currency, on the basis of
the United Nations scale of assessments. Contributions by other Parties
shall be encouraged. Bilateral and, in particular cases agreed by a
decision of the Parties, regional co-operation may, up to a percentage and
consistent with any criteria to be specified by decision of the Parties, be
considered as a contribution to the Multilateral Fund, provided that such
cooperation, as a minimum:

(a) Strictly relates to compliance with the provisions of this Protocol;
(b) Provides additional resources; and
(c) Meets agreed incremental costs.

7. The Parties shall decide upon the programme budget of the Multilateral
Fund for each fiscal period and upon the percentage of contributions of the
individual Parties thereto.
8. Resources under the Multilateral Fund shall be disbursed with the
concurrence of the beneficiary Party.

9. Decisions by the Parties under this Article shall be taken by consensus
whenever possible. If all efforts at consensus have been exhausted and no
agreement reached, decisions shall be adopted by a two-thirds majority of
the Parties present and voting, representing a majority of the Parties
operating under paragraph 1 of Article 5 present and voting and a majority
of the Parties not so operating present and voting.

10. The financial mechanism set out in this Article is without prejudice to
any other future arrangements that may be developed with respect to other
environmental issues.

Article 10A: Transfer of Technology

Each Party shall take every practicable step, consistent with the
programmes supported by the financial mechanism, to ensure:

(a) That the best available, environmentally safe substitutes and related
technologies are expeditiously transferred to Parties operating under
paragraph 1 of Article 5, and
(b) That such transfers referred to in subparagraph (a) occur under fair
and most favourable conditions.

Article 11: Meeting of the Parties

1. The Parties shall hold meetings at regular intervals. The secretariat
shall convene the first meeting of the Parties not later than one year
after the date of the entry into force of this Protocol and in conjunction
with a meeting of the Conference of the Parties to the Convention, if a
meeting of the latter is scheduled within that period.

2. Subsequent ordinary meetings of the parties shall be held, unless the
Parties otherwise decide, in conjunction with meetings of the Conference of
the Parties to the Convention. Extraordinary meetings of the Parties shall
be held at such other times as may be deemed necessary by a meeting of the
Parties, or at the written request of any Party, provided that, within six
months of such a request being communicated to them by the secretariat, it
is supported by at least one third of the Parties.

3. The Parties, at their first meeting, shall:

(a) Adopt by consensus rules of procedure for their meetings;
(b) Adopt by consensus the financial rules referred to in paragraph 2 of
Article 13;
(c) Establish the panels and determine the terms of reference referred to
in Article 6;
(d) Consider and approve the procedures and institutional mechanisms
specified in Article 8; and
(e) Begin preparation of workplans pursuant to paragraph 3 of Article 10.

4. The functions of the meeting of the Parties shall be to :

(a) Review the implementation of this Protocol;
(b) Decide on any adjustments or reductions referred to in paragraph 9 of
Article 2;
(c) Decide on any addition to, insertion in or removal from any annex of
substances and on related control measures in accordance with
paragraph 10 of Article 2;
(d) Establish, where necessary, guidelines or procedures for reporting of
information as provided for in Article 7 and paragraph 3 of Article
9;
(e) Review requests for technical assistance submitted pursuant to
subparagraph (c) of Article 12;
(f) Review reports prepared by the secretariat pursuant to subparagraph
(c) of Article 12;
(g) Assess, in accordance with Article 6, the control measures;
(h) Consider and adopt, as required, proposals for amendment of this
Protocol or any annex and for any new annex;
(i) Consider and adopt the budget for implementing this Protocol; and
(j) Consider and undertake any additional action that may be required for
the achievement of the purposes of this Protocol.

5. The United Nations, its specialized agencies and the International
Atomic Energy Agency, as well as any State not party to this Protocol, may
be represented at meetings of the Parties as observers. Any body or agency,
whether national or international, governmental or non-governmental,
qualified in fields relating to the protection of the ozone layer which has
informed the secretariat of its wish to be represented at a meeting of the
Parties as an observer may be admitted unless at least one third of the
Parties present object. The admission and participation of observers shall
be subject to the rules of procedure adopted by the Parties.

Article 12: Secretariat

For the purposes of this Protocol, the secretariat shall:

(a) Arrange for and service meetings of the Parties as provided for in
Article 11;
(b) Receive and make available, upon request by a Party, data provided
pursuant to Article 7;
(c) Prepare and distribute regularly to the Parties reports based on
information received pursuant to Articles 7 and 9;
(d) Notify the Parties of any request for technical assistance received
pursuant to Article 10 so as to facilitate the provision of this
Protocol;
(e) Encourage non-Parties to attend the meetings of the Parties as
observers and to act in accordance with the provisions of this
Protocol;
(f) Provide, as appropriate, the information and requests referred to in
subparagraphs (c) and (d) to such non-party observers; and
(g) Perform such other functions for the achievement of the purposes of
this Protocol as may be assigned to it by the Parties.

Article 13: Financial Provisions

1. The Funds required for the operation of this Protocol, including those
for the functioning of the secretariat related to this Protocol, shall be
charged exclusively against contributions from the Parties.

2. The Parties, at their first meeting, shall adopt by consensus financial
rules for the operation of this Protocol.

Article 14: Relationship of this Protocol to the Convention

Except as otherwise provided in this Protocol, the provisions of the
Convention relating to its protocols shall apply to this Protocol.

Article 15: Signature

This Protocol shall be open for signature by States and by regional
economic integration organizations in Montreal on 16 September 1987, in
Ottawa from 17 September 1987 to 16 January 1988, and at the United Nations
Headquarters in New York from 17 January 1988 to 15 September 1988.

Article 16: Entry into Force

1. This Protocol shall enter into force on 1 January 1989, provided that at
least eleven instruments of ratification, acceptance, approval of the
Protocol or accession thereto have been deposited by States or regional
economic integration organizations representing at least two-thirds of 1986
estimated global consumption of the controlled substances, and the
provisions of paragraph 1 of Article 17 of the Convention have been
fulfilled. In the event that these conditions have not been fulfilled by
that date, the Protocol shall enter into force on the ninetieth day
following the date on which the conditions have been fulfilled.

2. For the purposes of paragraph 1, any such instrument deposited by a
regional economic integration organization shall not be counted as
additional to those deposited by member States of such organization.

3. After the entry into force of this Protocol, any State or regional
economic integration organization shall become a Party to it on the
ninetieth day following the date of deposit of its instrument of
ratification, acceptance, approval or accession.

Article 17: Parties Joining After Entry into Force

Subject to Article 5, any State or regional economic integration
organization which becomes a Party to this Protocol after the date of its
entry into force, shall fulfill forthwith the sum of the obligations under
Article 2, as well as under Articles 2A to 2H, and Article 4, that apply at
that date to the States and regional economic integration organizations
that became Parties on the date the Protocol entered into force.

Article 18: Reservations

No reservations may be made to this Protocol.

Article 19: Withdrawal

Any Party may withdraw from this Protocol by giving written notification to
the Depositary at any time after four years of assuming the obligations
specified in paragraph 1 of Article 2A. Any such withdrawal shall take
effect upon expiry of one year after the date of its receipt by the
Depositary, or on such later date as may be specified in the notification
of the withdrawal.

Article 20: Authentic Texts

The original of this Protocol, of which the Arabic, Chinese, English,
Russian and Spanish texts are equally authentic, shall be deposited with
the Secretary-General of the United Nations.

ANNEX A

CONTROLLED SUBSTANCES

Group Substance Ozone Depleting
Potential*

Group I

CFCl3 (CFC-11) 1.0
CF2Cl2 (CFC-12) 1.0
C2F3Cl3 (CFC-113) 0.8
C2F4Cl2 (CFC-114) 1.0
C2F5Cl (CFC-115) 0.6

Group II

CF2BrCl (halon-1211) 3.0
CF3Br (halon-1301) 10.0
C2F4Br2 (halon-2402) (to be determined)

* These ozone depleting potentials are estimates based on existing
knowledge and will be reviewed and revised periodically.

Annex B

CONTROLLED SUBSTANCES

Group Substance Ozone Depleting Potential

Group I
CF3Cl (CFC-13) 1.0
C2FCl5 (CFC-111) 1.0
C2F2Cl4 (CFC-112) 1.0
C3FCl7 (CFC-211) 1.0
C3F2Cl6 (CFC-212) 1.0
C3F3Cl5 (CFC-213) 1.0
C3F4Cl4 (CFC-214) 1.0
C3F5Cl3 (CFC-215) 1.0
C3F6Cl2 (CFC-216) 1.0
C3F7Cl (CFC-217) 1.0

Group II
CCl4 carbon tetrachloride 1.1

Group III
C2H3Cl3* 1,1,1-trichloroethane 0.1
(methyl chloroform)

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

Annex C

Controlled substances
_________________________________________________________________________
Group Substance Number of Ozone Depleting
Isomers Potential *
_________________________________________________________________________
Group I
CHFCl2 (HCFC-21) ** 1 0.04
CHF2Cl (HCFC-22) ** 1 0.055
CH2FCl (HCFC-31) 1 0.02
C2HFCl4 (HCFC-121) 2 0.01 – 0.04
C2HF2Cl3 (HCFC-122) 3 0.02 – 0.08
C2HF3Cl2 (HCFC-123) 3 0.02 – 0.06
CHCl2CF3 (HCFC-123) ** – 0.02
C2HF4Cl (HCFC-124) 2 0.02 – 0.04
CHFClCF3 (HCFC-124) ** – 0.022
C2H2FCl3 (HCFC-131) 3 0.007 – 0.05
C2H2F2Cl2 (HCFC-132) 4 0.008 – 0.05
C2H2F3Cl (HCFC-133) 3 0.02 – 0.06
C2H3FCl2 (HCFC-141) 3 0.005 – 0.07
CH3CFCl2 (HCFC-141b) ** – 0.11
C2H3F2Cl (HCFC-142) 3 0.008 – 0.07
CH3CF2Cl (HCFC-142b) ** – 0.065
C2H4FCl (HCFC-151) 2 0.003 – 0.005
C3HFCl6 (HCFC-221) 5 0.015 – 0.07
C3HF2Cl5 (HCFC-222) 9 0.01 – 0.09
C3HF3Cl4 (HCFC-223) 12 0.01 – 0.08
C3HF4Cl3 (HCFC-224) 12 0.01 – 0.09
C3HF5Cl2 (HCFC-225) 9 0.02 – 0.07
CF3CF2CHCl2 (HCFC-225ca) ** – 0.025
CF2ClCF2CHClF (HCFC-225cb) ** – 0.033
C3HF6Cl (HCFC-226) 5 0.02 – 0.10
C3H2FCl5 (HCFC-231) 9 0.05 – 0.09
C3H2F2Cl4 (HCFC-232) 16 0.008 – 0.10
C3H2F3Cl3 (HCFC-233) 18 0.007 – 0.23
C3H2F4Cl2 (HCFC-234) 16 0.01 – 0.28
C3H2F5Cl (HCFC-235) 9 0.03 – 0.52
C3H3FCl4 (HCFC-241) 12 0.004 – 0.09
C3H3F2Cl3 (HCFC-242) 18 0.005 – 0.13
C3H3F3Cl2 (HCFC-243) 18 0.007 – 0.12
C3H3F4Cl (HCFC-244) 12 0.009 – 0.14
C3H4FCl3 (HCFC-251) 12 0.001 – 0.01
C3H4F2Cl2 (HCFC-252) 16 0.005 – 0.04
C3H4F3Cl (HCFC-253) 12 0.003 – 0.03
C3H5FCl2 (HCFC-261) 9 0.002 – 0.02
C3H5F2Cl (HCFC-262) 9 0.002 – 0.02
C3H6FCl (HCFC-271) 5 0.001 – 0.03
________________________________________________________________________
Group II

CHFBr2 1 1.00
CHF2Br (HBFC-22B1) 1 0.74
CH2FBr 1 0.73

C2HFBr4 2 0.3 – 0.8
C2HF2Br3 3 0.5 – 1.8
C2HF3Br2 3 0.4 – 1.6
C2HF4Br 2 0.7 – 1.2
C2H2FBr3 3 0.1 – 1.1
C2H2F2Br2 4 0.2 – 1.5
C2H2F3Br 3 0.7 – 1.6
C2H3FBr2 3 0.1 – 1.7
C2H3F2Br 3 0.2 – 1.1
C2H4FBr 2 0.07 – 0.1

C3HFBr6 5 0.3 – 1.5
C3HF2Br5 9 0.2 – 1.9
C3HF3Br4 12 0.3 – 1.8
C3HF4Br3 12 0.5 – 2.2
C3HF5Br2 9 0.9 – 2.0
C3HF6Br 5 0.7 – 3.3
C3H2FBr5 9 0.1 – 1.9
C3H2F2Br4 16 0.2 – 2.1
C3H2F3Br3 18 0.2 – 5.6
C3H2F4Br2 16 0.3 – 7.5
C3H2F5Br 8 0.9 – 14
C3H3FBr4 12 0.08 – 1.9
C3H3F2Br3 18 0.1 – 3.1
C3H3F3Br2 18 0.1 – 2.5
C3H3F4Br 12 0.3 – 4.4
C3H4FBr3 12 0.03 – 0.3
C3H4F2Br2 16 0.1 – 1.0
C3H4F3Br 12 0.07 – 0.8
C3H5FBr2 9 0.04 – 0.4
C3H5F2Br 9 0.07 – 0.8
C3H6FBr 5 0.02 – 0.7

______________________
* Where a range of ODPs is indicated, the highest value in that range
shall be used for the purposes of the Protocol. The ODPs listed as a
single value have been determined from calculations based on laboratory
measurements. Those listed as a range are based on estimates and are less
certain. The range pertains to an isomeric group. The upper value is the
estimate of the ODP of the isomer with the highest ODP, and the lower value
is the estimate of the ODP of the isomer with the lowest ODP.

** Identifies the most commercially viable substances with ODP values
listed against them to be used for the purposes of the Protocol.

Annex E

Controlled substances

________________________________________________________________________
Group Substance Ozone Depleting
Potential
_________________________________________________________________________
Group I

CH3Br methyl bromide 0.7

* * * * * * * * * * *

[Text of the]

ADJUSTMENTS AND AMENDMENT
ADOPTED BY THE FOURTH MEETING OF THE PARTIES AT COPENHAGEN,
ON 23-25 NOVEMBER 1992

The Secretary-General of the United Nations, acting in his capacity as
depositary, communicates the following:

At the Fourth Meeting of the Parties to the above-mentioned Protocol, held
in Copenhagen from 23 to 25 November 1992, the Parties adopted Adjustments
to the Protocol (Decisions IV/2 and IV/3), pursuant to article 2 (9) (c) of
the Protocol.

The text of the said Adjustments is transmitted herewith in the six
languages of their conclusion, as Annexes I and II to this notification.

The Adjustments will enter into force on the expiry of six months from the
date of the present notification issued pursuant to article 2 (9) (d) of
the Protocol.

Also, at their Fourth Meeting, the Parties further adopted, pursuant to
article 9 (4) of the 1985 Vienna Convention for the Protection of the Ozone
Layer, an Amendment to the Protocol (Decision IV/4).

The text of the above-mentioned Amendment, in the six official languages of
its conclusion, is attached as Annex III to this notification.

In accordance with its Article 3, paragraph 1, “the Amendment shall enter
into force on 1 January 1994, provided that at least twenty instruments of
ratification, acceptance or approval 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
3, paragraph 3, shall enter into force for any other Party to the Protocol
on the ninetieth day following the date of deposit of the instrument of
ratification, acceptance or approval.

22 March 1993

Annex I

ADJUSTMENTS TO ARTICLES 2A AND 2B OF THE MONTREAL PROTOCOL ON SUBSTANCES
THAT DEPLETE THE OZONE LAYER

The Fourth 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:

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 1 January 1994, and in each twelve-month period
thereafter, its calculated level of consumption of the controlled
substances in Group I of Annex A does not exceed, annually,
twenty-five per cent of its calculated level of consumption in 1986.
Each Party producing one or more of these substances shall, for the
same periods, ensure that its calculated level of production of the
substances does not exceed, annually, twenty-five percent of its
calculated level of production in 1986. However, in order to satisfy
the basic domestic needs of the Parties operating under paragraph 1
of Article 5, its calculated level of production may exceed that
limit by up to ten per cent of its calculated level of production in
1986.

4. Each Party shall ensure that for the twelve-month period
commencing on 1 January 1996, and in each twelve-month period
thereafter, its calculated level of consumption of the controlled
substances in Group I of Annex A does not exceed zero. Each Party
producing one or more of these substances shall, for the same
periods, ensure that its calculated level of production of the
substances does not exceed zero. However, in order to satisfy the
basic domestic needs of the Parties operating under paragraph 1 of
Article 5, its calculated level of production may exceed that limit
by up to fifteen per cent of its calculated level of production in
1986. This paragraph will apply save to the extent that the Parties
decide to permit the level of production or consumption that is
necessary to satisfy uses agreed by them to be essential.

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 1 January 1994, and in each twelve-month period
thereafter, its calculated level of consumption of the controlled
substances in Group II of Annex A does not exceed zero. Each Party
producing one or more of these substances shall, for the same
periods, ensure that its calculated level of production of the
substances does not exceed zero. However, in order to satisfy the
basic domestic needs of the Parties operating under paragraph 1 of
Article 5, its calculated level of production may exceed that limit
by up to fifteen per cent of its calculated level of production in
1986. This paragraph will apply save to the extent that the Parties
decide to permit the level of production or consumption that is
necessary to satisfy uses agreed by them to be essential.

Annex II

ADJUSTMENTS TO ARTICLES 2C, 2D AND 2E OF THE MONTREAL PROTOCOL
ON SUBSTANCES THAT DEPLETE THE OZONE LAYER

A. Article 2C: Other Fully Halogenated CFCs

Article 2C of the Protocol shall be replaced by the following Article:

Article 2C: Other Fully Halogenated CFCs

2. Each Party shall ensure that for the twelve-month period commencing on
1 January 1994, and in each twelve-month period thereafter, its calculated
level of consumption of the controlled substances in Group I of Annex B
does not exceed, annually, twenty-five per cent of its calculated level of
consumption in 1989. Each Party producing one or more of these substances
shall, for the same periods, ensure that its calculated level of production
of the substances does not exceed, annually, twenty-five per cent of its
calculated level of production in 1989. However, in order to satisfy the
basic domestic needs of the Parties operating under paragraph 1 of Article
5, its calculated level of production may exceed that limit by up to ten
per cent of its calculated level of production in 1989.

B. Article 2D: Carbon Tetrachloride

Article 2D of the Protocol shall be replaced by the following Article:

Article 2D: Carbon Tetrachloride

C. Article 2E: 1, 1, 1- Trichloroethane (Methyl Chloroform)

Article 2E of the Protocol shall be replaced by the following Article:

Article 2E: 1, 1, 1- Trichloroethane (Methyl Chloroform)

2. Each Party shall ensure that for the twelve-month period commencing on
1 January 1994, and in each twelve-month period thereafter, its calculated
level of consumption of the controlled substance in Group III of Annex B
does not exceed, annually, fifty per cent of its calculated level of
consumption in 1989. Each Party producing the substance shall, for the same
periods, ensure that its calculated level of production of the substance
does not exceed, annually, fifty per cent of its calculated level of
production in 1989. However, in order to satisfy the basic domestic needs
of the Parties operating under paragraph 1 of Article 5, its calculated
level of production may exceed that limit by up to ten per cent of its
calculated level of production in 1989.

3. Each Party shall ensure that for the twelve-month period commencing on
1 January 1996, and in each twelve-month period thereafter, its calculated
level of consumption of the controlled substance in Group III of Annex B
does not exceed zero. Each Party producing the substance shall, for the
same periods, ensure that its calculated level of production of the
substance does not exceed zero. However, in order to satisfy the basic
domestic needs of the Parties operating under paragraph 1 of Article 5, its
calculated level of production may exceed that limit by up to fifteen per
cent of its calculated level of production for 1989. This paragraph will
apply save to the extent that the Parties decide to permit the level of
production or consumption that is necessary to satisfy uses agreed by them
to be essential.

Annex III

AMENDMENT TO THE MONTREAL PROTOCOL ON SUBSTANCES
THAT DEPLETE THE OZONE LAYER

ARTICLE 1: AMENDMENT

A. Article 1, paragraph 4

In paragraph 4 of Article 1 of the Protocol, for the words:

or in Annex B

there shall be substituted:

, 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

there shall be added:

and Article 2H

D. Article 2, paragraph 5 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 5 may,
for one or more control periods, transfer to another such Party any
portion of its calculated level of consumption set out in Article 2F,
provided that the calculated level of consumption of controlled
substances in Group I of Annex A of the Party transferring the
portion of its calculated level of consumption did not exceed 0.25
kilograms per capita in 1989 and that the total combined calculated
levels of consumption of the Parties concerned do not exceed the
consumption limits set out in Article 2F. Such transfer of
consumption shall be notified to the Secretariat by each of the
Parties concerned, stating the terms of such transfer and the period
for which it is to apply.

E. Article 2, paragraphs 8(a) and 11
In paragraphs 8(a) and 11 of Article 2 of the Protocol, for the words:

Articles 2A to 2E

there shall be substituted each time they occur:

Articles 2A to 2H

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

G. Article 2F: Hydrochlorofluorocarbons

The following Article shall be inserted after Article 2E of the Protocol:

Article 2F: Hydrochlorofluorocarbons

(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.

7. As of 1 January 1996, each Party shall endeavour to ensure that:

(a) The use of controlled substances in Group I of Annex C is limited to
those applications where other more environmentally suitable alternative
substances or technologies are not available;

(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 2G: Hydrobromofluorocarbons

The following Article shall be inserted after Article 2F of the Protocol:

Article 2G: Hydrobromofluorocarbons

I. Article 2H: Methyl Bromide

The following Article shall be inserted after Article 2G of the Protocol:

Article 2H: Methyl Bromide

J. Article 3

In Article 3 of the Protocol, for the words:

2A to 2E

there shall be substituted:

2A to 2H

and for the words

or Annex B

there shall be substituted each time they occur:

, Annex B, Annex C or Annex E

K. Article 4, paragraph 1 ter

The following paragraph shall be inserted after paragraph 1 bis of Article
4 of the Protocol:

1 ter. Within one year of the date of entry into force of this
paragraph, each Party shall ban the import of any controlled
substances in Group II of Annex C from any State not party to this
Protocol.

L. Article 4, paragraph 2 ter

The following paragraph shall be inserted after paragraph 2 bis of Article
4 of the Protocol:

2 ter. Commencing one year after the date of entry into force of
this paragraph, each Party shall ban the export of any controlled
substances in Group II of Annex C to any State not party to this
Protocol.

M. Article 4, paragraph 3 ter

The following paragraph shall be inserted after paragraph 3 bis of Article
4 of the Protocol:

3 ter. Within three years of the date of entry into force of this
paragraph, the Parties shall, following the procedures in Article 10
of the Convention, elaborate in an annex a list of products
containing controlled substances in Group II of Annex C. Parties
that have not objected to the annex in accordance with those
procedures shall ban, within one year of the annex having become
effective, the import of those products from any State not party to
this Protocol.

N. Article 4, paragraph 4 ter

The following paragraph shall be inserted after paragraph 4 bis of Article
4 of the Protocol:

4 ter. 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. 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.

O. Article 4, paragraphs 5, 6 and 7

In paragraphs 5, 6 and 7 of Article 4 of the Protocol, for the words:

controlled substances

there shall be substituted:

controlled substances in Annexes A and B and Group II of Annex C
P. Article 4, paragraph 8

In paragraph 8 of Article 4 of the Protocol, for the words:

referred to in paragraphs 1, 1 bis, 3, 3 bis, 4 and 4 bis and exports
referred to in paragraphs 2 and 2 bis

there shall be substituted:

and exports referred to in paragraphs 1 to 4 ter of this Article

and after the words:

Articles 2A to 2E

there shall be added:

, Article 2G

Q. Article 4, paragraph 10

The following paragraph shall be inserted after paragraph 9 of Article 4 of
the Protocol:

10. By 1 January 1996, the Parties shall consider whether to amend
this Protocol in order to extend the measures in this Article to
trade in controlled substances in Group I of Annex C and in Annex E
with States not party to the Protocol.

R. Article 5, paragraph 1

The following words shall be added at the end of paragraph 1 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 5, paragraph 1 bis

The following paragraph shall be added after paragraph 1 of Article 5 of
the Protocol:

1 bis. The Parties shall, taking into account the review referred to
in paragraph 8 of this Article, the assessments made pursuant to
Article 6 and any other relevant information, decide by 1 January
1996, through the procedure set forth in paragraph 9 of Article 2:

(a) With respect to paragraphs 1 to 6 of Article 2F, what base
year, initial levels, control schedules and phase-out date for
consumption of the controlled substances in Group I of Annex C will
apply to Parties operating under paragraph 1 of this Article;

(b) With respect to Article 2G, what phase-out date for production
and consumption of the controlled substances in Group II of Annex C
will apply to Parties operating under paragraph 1 of this Article;
and

(c) With respect to Article 2H, what base year, initial levels
and control schedules for consumption and production of the
controlled substance in Annex E will apply to Parties operating under
paragraph 1 of this Article.
T. Article 5 paragraph 4

In paragraph 4 of Article 5 of the Protocol, for the words:

Articles 2A to 2E

there shall be substituted:

Articles 2A to 2H

U. Article 5, paragraph 5

In paragraph 5 of Article 5 of 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 1 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 1 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 7, paragraphs 2 and 3

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;

— in Annex E, for the year 1991,

or the best possible estimates of such data where actual data are not
available, not later than three months after the date when the
provisions set out in the Protocol with regard to the substances in
Annexes B, C and E respectively enter into force for that Party.

3. Each Party shall provide to the Secretariat statistical data on
its annual production (as defined in paragraph 5 of Article 1) of
each of the controlled substances listed in Annexes A, B, C and E
and, separately, for each substance,

— Amounts used for feedstocks,

— Amounts destroyed by technologies approved by the Parties,
and

— Imports from and exports to Parties and non-Parties
respectively,

for the year during which provisions concerning the substances in
Annexes A B, C and E respectively entered into force for that Party
and for each year thereafter. Data shall be forwarded not later than
nine months after the end of the year to which the data relate.

Y. Article 7, paragraph 3 bis

The following paragraph shall be inserted after paragraph 3 of Article 7 of
the Protocol:

3 bis. Each Party shall provide to the Secretariat separate
statistical data of its annual imports and exports of each of the
controlled substances listed in Group II of Annex A and Group I of
Annex C that have been recycled.

Z. Article 7, paragraph 4

In paragraph 4 of Article 7 of the Protocol, for the words:

in paragraphs 1, 2 and 3

there shall be substituted:

in paragraphs 1, 2, 3 and 3 bis

AA. Article 9, paragraph 1 (a)

The following words shall be deleted from paragraph 1 (a) of Article 9 of
the Protocol:

and transitional

BB. Article 10, paragraph 1

In paragraph 1 of Article 10 of the Protocol, after the words:

Articles 2A to 2E

there shall be added:

, and any control measures in Articles 2F to 2H that are decided
pursuant to paragraph 1 bis of Article 5.

CC. Article 11, paragraph 4 (g)

The following words shall be deleted from paragraph 4 (g) of Article 11 of
the Protocol:

and the situation regarding transitional substances

DD. Article 17

In Article 17 of the Protocol, for the words:

Articles 2A to 2E

there shall be substituted:

Articles 2A to 2H

EE. Annexes

1. Annex C

The following annex shall replace Annex C of the Protocol:

Annex C

** Identifies the most commercially viable substances with ODP values
listed against them to be used for the purposes of the Protocol.

2. Annex E

The following annex shall be added to the Protocol:

Annex E

Controlled substances

________________________________________________________________________
Group Substance Ozone Depleting
Potential
_________________________________________________________________________
Group I

CH3Br methyl bromide 0.7

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

1. This Amendment shall enter into force on 1 January 1994, 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.

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.

Montreal Protocol (16 Sep 1987)

Montreal Protocol (16 Sep 1987) in United States

Montreal Protocol (16 Sep 1987)

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