Amendment to the Montreal
Protocol
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
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:
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:
H. Article 2G:
Hydrobromofluorocarbons
The following Article shall
be inserted after Article 2F of the Protocol:
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.
I. Article 2H: Methyl
Bromide
The following Article shall
be inserted after Article 2G of the Protocol:
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.
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 Articleand
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:
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
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,
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 ll 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
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 - l.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.
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.
2.
For the purposes of paragraph 1, any such instrument
deposited by a regional economic integration organization shall not be counted
as additional to those deposited by member States of such organization.
3.
After the entry into force of this Amendment, as
provided under paragraph 1, it shall enter into force for any other Party to
the Protocol on the ninetieth day following the date of deposit of its
instrument of ratification, acceptance or approval.