Montreal Protocol

Montreal Protocol in the United States

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.


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