Montreal Protocol in United States

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 s
  ecretariat 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.

Montreal Protocol in Environmental Law

First signed in 1987, the Montreal mk Protocol is an international agreement to reduce the use and production of chemicals that attack the earth’s protective ozone layer (stratospheric ozone). Twenty-four nations signed the initial agreement, and others added their signatures later.

The full name of the agreement is the Montreal Protocol on Substances That Deplete the Ozone Layer. It was amended in 1990 by ninety-three nations, accelerating the deadlines for phasing out the target chemicals, chlorofluorocarbons and hydro chlorofluorocarbons.

The protocol provides that the first reductions in ozone depleting substances were to result from a freeze on production levels. In 1989, for example, producers could not create more of the substances than they did in 1986. By 1995, the limit is 50 percent of the 1986 level; by 1997,15 percent.

The Montreal Protocol requires that production of these substances cease by 2000.

In the United States, the Montreal Protocol became the driving force behind a new section of the Clean Air Act Amendments of 1990. The new provisions go beyond the Montreal Protocol, however. Activities are regulated that had never been regulated before, such as air conditioner servicing requirements, training for technicians, labeling of products containing the offending chemicals, and provisions for reclamation of gases from equipment and goods that use these chemicals.

One of the biggest obstacles to widespread acceptance of the Montreal Protocol was the disparity between industrialized nations and developing nations. During the London conference in 1990, the more technologically developed countries agreed to transfer technology to developing nations.

The Clean Air Act Amendments of 1990 establish two classes of ozone depletes. Class I includes the chlorofluorocarbons, carbon tetrachloride, halons, and methyl chloroform. Class II covers the hydrochlorofluoro carbons. Class I substances are to be phased out by 2000; Class II by 2030. If no acceptable substitute is found for an essential use, such as medical devices, aviation, or fire fighting, the ban may be lifted for that use.

To assure the development of alternative chemicals, Congress mandated a program called the Safe New Alternatives Program or SNAP. Under that program, the EPA and industry are cooperating in the search for new chemicals that can substitute for the ozonedepleting substances and will not create new health or environmental problems.
Based on “Environment and the Law. A Dictionary”.