Vienna Convention for the Protection of the Ozone Layer

The Vienna

Convention

for the

Protection of the

Ozone Layer

The Montreal

Protocol

on Substances

that Deplete the

Ozone Layer

The Ozone

Treaties

The Vienna

Convention

for the

Protection of

the Ozone Layer

Preamble

The Parties to this Convention,

Aware

of the potentially harmful impact on human health and the

environment through modication of the ozone layer,

Recalling

the pertinent provisions of the Declaration of the United Nations

Conference on the Human Environment, and in particular principle 21, which

provides that “States have, in accordance with the Charter of the United

Nations and the principles of international law, the sovereign right to exploit

their own resources pursuant to their own environmental policies, and the

responsibility to ensure that activities within their jurisdiction or control do

not cause damage to the environment of other States or of areas beyond the

limits of national jurisdiction”,

Taking

into account the circumstances and particular requirements of

developing countries,

Mindful

of the work and studies proceeding within both international and

national organizations and, in particular, of the World Plan of Action on the

Ozone Layer of the United Nations Environment Programme,

Mindful

also of the precautionary measures for the protection of the ozone

layer which have already been taken at the national and international levels,

Aware

that measures to protect the ozone layer from modications due to

human activities require international co-operation and action, and should

be based on relevant scientic and technical considerations,

Aware

also of the need for further research and systematic observations to

further develop scientic knowledge of the ozone layer and possible adverse

effects resulting from its modication,

Determined

to protect human health and the environment against adverse

effects resulting from modications of the ozone layer,

HAVE AGREED AS FOLLOWS:

Preamble

The Vienna Convention

Article 1: Denitions

For the purposes of this Convention:

1. “The ozone layer ” means the layer of atmospheric ozone above the

planetary boundary layer.

2. “Adverse effects ” means changes in the physical environment

or biota, including changes in climate, which have signicant

deleterious effects on human health or on the composition, resilience

and productivity of natural and managed ecosystems, or on materials

useful to mankind.

3. “Alternative technologies or equipment ” means technologies or

equipment the use of which makes it possible to reduce or effectively

eliminate emissions of substances which have or are likely to have

adverse effects on the ozone layer.

4. “Alternative substances ” means substances which reduce, eliminate

or avoid adverse effects on the ozone layer.

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

Convention.

6. “Regional economic integration organization ” means an

organization constituted by sovereign States of a given region which

has competence in respect of matters governed by this Convention

or its protocols and has been duly authorized, in accordance with its

internal procedures, to sign, ratify, accept, approve or accede to the

instruments concerned.

7. “Protocols” means protocols to this Convention.

Article 2: General obligations

1. The Parties shall take appropriate measures in accordance with the

provisions of this Convention and of those protocols in force to which

they are party to protect human health and the environment against

adverse effects resulting or likely to result from human activities

which modify or are likely to modify the ozone layer.

2. To this end the Parties shall, in accordance with the means at their

disposal and their capabilities:

Article 1-2

(a) Co-operate by means of systematic observations, research and

information exchange in order to better understand and assess

the effects of human activities on the ozone layer and the effects

on human health and the environment from modication of the

ozone layer;

(b) Adopt appropriate legislative or administrative measures and

co-operate in harmonizing appropriate policies to control, limit,

reduce or prevent human activities under their jurisdiction or

control should it be found that these activities have or are likely

to have adverse effects resulting from modication or likely

modication of the ozone layer;

and standards for the implementation of this Convention, with

a view to the adoption of protocols and annexes;

(d) Co-operate with competent international bodies to implement

effectively this Convention and protocols to which they are

party.

3. The provisions of this Convention shall in no way affect the right

of Parties to adopt, in accordance with international law, domestic

measures additional to those referred to in paragraphs 1 and 2 above,

nor shall they affect additional domestic measures already taken by

a Party, provided that these measures are not incompatible with their

obligations under this Convention.

4. The application of this article shall be based on relevant scientic

and technical considerations.

Article 3: Research and systematic observations

1. The Parties undertake, as appropriate, to initiate and co-operate in,

directly or through competent international bodies, the conduct of

research and scientic assessments on:

(a) The physical and chemical processes that may affect the ozone

layer;

(b) The human health and other biological effects deriving from

any modications of the ozone layer, particularly those resulting

from changes in ultra-violet solar radiation having biological

effects (UV-B);

Article 2-3

The Vienna Convention

layer;

(d) Effects deriving from any modications of the ozone layer

and any consequent change in UV-B radiation on natural and

synthetic materials useful to mankind;

(e) Substances, practices, processes and activities that may affect

the ozone layer, and their cumulative effects;

(f) Alternative substances and technologies;

(g) Related socio-economic matters;

and as further elaborated in annexes I and II.

2. The Parties undertake to promote or establish, as appropriate,

directly or through competent international bodies and taking fully

into account national legislation and relevant ongoing activities at

both the national and international levels, joint or complementary

programmes for systematic observation of the state of the ozone

layer and other relevant parameters, as elaborated in annex I.

3. The Parties undertake to co-operate, directly or through competent

international bodies, in ensuring the collection, validation and

transmission of research and observational data through appropriate

world data centres in a regular and timely fashion.

Article 4: Co-operation in the legal, scientic and technical

elds

1. The Parties shall facilitate and encourage the exchange of scientic,

technical, socio-economic, commercial and legal information

relevant to this Convention as further elaborated in annex II. Such

information shall be supplied to bodies agreed upon by the Parties.

Any such body receiving information regarded as condential by the

supplying Party shall ensure that such information is not disclosed

and shall aggregate it to protect its condentiality before it is made

available to all Parties.

2. The Parties shall co-operate, consistent with their national laws,

regulations and practices and taking into account in particular the

needs of the developing countries, in promoting, directly or through

Article 3-4

competent international bodies, the development and transfer of

technology and knowledge. Such co-operation shall be carried out

particularly through:

(a) Facilitation of the acquisition of alternative technologies by

other Parties;

(b) Provision of information on alternative technologies and

equipment, and supply of special manuals or guides to them;

and systematic observations;

(d) Appropriate training of scientic and technical personnel.

Article 5: Transmission of information

The Parties shall transmit, through the secretariat, to the Conference of the

Parties established under article 6 information on the measures adopted by

them in implementation of this Convention and of protocols to which they

are party in such form and at such intervals as the meetings of the parties to

the relevant instruments may determine.

Article 6: Conference of the Parties

1. A Conference of the Parties is hereby established. The rst meeting

of the Conference of the Parties shall be convened by the secretariat

designated on an interim basis under article 7 not later than one

year after entry into force of this Convention. Thereafter, ordinary

meetings of the Conference of the Parties shall be held at regular

intervals to be determined by the Conference at its rst meeting.

2. Extraordinary meetings of the Conference of the Parties shall be held

at such other times as may be deemed necessary by the Conference,

or at the written request of any Party, provided that, within six months

of the request being communicated to them by the secretariat, it is

supported by at least one third of the Parties.

3. The Conference of the Parties shall by consensus agree upon and

adopt rules of procedure and nancial rules for itself and for any

subsidiary bodies it may establish, as well as nancial provisions

governing the functioning of the secretariat.

Article 4-6

The Vienna Convention

4. The Conference of the Parties shall keep under continuous review

the implementation of this Convention, and, in addition, shall:

(a) Establish the form and the intervals for transmitting the

information to be submitted in accordance with article 5 and

consider such information as well as reports submitted by any

subsidiary body;

(b) Review the scientic information on the ozone layer, on its

possible modication and on possible effects of any such

modication;

appropriate policies, strategies and measures for minimizing

the release of substances causing or likely to cause modication

of the ozone layer, and make recommendations on any other

measures relating to this Convention;

(d) Adopt, in accordance with articles 3 and 4, programmes for

research, systematic observations, scientic and technological

co-operation, the exchange of information and the transfer of

technology and knowledge;

(e) Consider and adopt, as required, in accordance with articles 9

and 10, amendments to this Convention and its annexes;

(f) Consider amendments to any protocol, as well as to any annexes

thereto, and, if so decided, recommend their adoption to the

parties to the protocol concerned;

(g) Consider and adopt, as required, in accordance with article 10,

additional annexes to this Convention;

(h) Consider and adopt, as required, protocols in accordance with

article 8;

(i) Establish such subsidiary bodies as are deemed necessary for

the implementation of this Convention;

(j) Seek, where appropriate, the services of competent international

bodies and scientic committees, in particular the World

Meteorological Organization and the World Health Organization

as well as the Co-ordinating Committee on the Ozone Layer, in

scientic research, systematic observations and other activities

pertinent to the objectives of this Convention, and make use as

appropriate of information from these bodies and committees;

(k) Consider and undertake any additional action that may be

required for the achievement of the purposes of this Convention.

Article 6

5. The United Nations, its specialized agencies and the International

Atomic Energy Agency, as well as any State not party to this

Convention, may be represented at meetings of the Conference of

the Parties by observers. Any body or agency, whether national or

international, governmental or non-governmental, qualied in elds

relating to the protection of the ozone layer which has informed

the secretariat of its wish to be represented at a meeting of the

Conference of the Parties as an observer may be admitted unless

at least one-third of the Parties present object. The admission and

participation of observers shall be subject to the rules of procedure

adopted by the Conference of the Parties.

Article 7: Secretariat

1. The functions of the secretariat shall be:

(a) To arrange for and service meetings provided for in articles 6,

8, 9 and 10;

(b) To prepare and transmit reports based upon information

received in accordance with articles 4 and 5, as well as upon

information derived from meetings of subsidiary bodies

established under article 6;

(d) To prepare reports on its activities carried out in implementation

of its functions under this Convention and present them to the

Conference of the Parties;

(e) To ensure the necessary co-ordination with other relevant

international bodies, and in particular to enter into such

administrative and contractual arrangements as may be

required for the effective discharge of its functions;

(f) To perform such other functions as may be determined by the

Conference of the Parties.

2. The secretariat functions will be carried out on an interim basis by

the United Nations Environment Programme until the completion

of the rst ordinary meeting of the Conference of the Parties held

pursuant to article 6. At its rst ordinary meeting, the Conference

of the Parties shall designate the secretariat from amongst those

Article 6-7

The Vienna Convention

existing competent international organizations which have

signied their willingness to carry out the secretariat functions

under this Convention.

Article 8: Adoption of protocols

1. The Conference of the Parties may at a meeting adopt protocols

pursuant to Article 2.

2. The text of any proposed protocol shall be communicated to the

Parties by the secretariat at least six months before such a meeting.

Article 9: Amendment of the Convention or protocols

1. Any Party may propose amendments to this Convention or to any

protocol. Such amendments shall take due account, inter alia, of

relevant scientic and technical considerations.

2. Amendments to this Convention shall be adopted at a meeting of

the Conference of the Parties. Amendments to any protocol shall

be adopted at a meeting of the Parties to the protocol in question.

The text of any proposed amendment to this Convention or to any

protocol, except as may otherwise be provided in such protocol,

shall be communicated to the Parties by the secretariat at least six

months before the meeting at which it is proposed for adoption. The

secretariat shall also communicate proposed amendments to the

signatories to this Convention for information.

3. The Parties shall make every effort to reach agreement on any

proposed amendment to this Convention by consensus. If all efforts

at consensus have been exhausted, and no agreement reached, the

amendment shall as a last resort be adopted by a three-fourths

majority vote of the Parties present and voting at the meeting, and

shall be submitted by the Depositary to all Parties for ratication,

approval or acceptance.

4. The procedure mentioned in paragraph 3 above shall apply to

amendments to any protocol, except that a two-thirds majority of

the parties to that protocol present and voting at the meeting shall

sufce for their adoption.

Article 7-9

5. Ratication, approval or acceptance of amendments shall be notied

to the Depositary in writing. Amendments adopted in accordance

with paragraphs 3 or 4 above shall enter into force between parties

having accepted them on the ninetieth day after the receipt by the

Depositary of notication of their ratication, approval or acceptance

by at least three-fourths of the Parties to this Convention or by at least

two-thirds of the parties to the protocol concerned, except as may

otherwise be provided in such protocol. Thereafter the amendments

shall enter into force for any other Party on the ninetieth day after that

Party deposits its instrument of ratication, approval or acceptance

of the amendments.

6. For the purposes of this article, “Parties present and voting” means

Parties present and casting an afrmative or negative vote.

Article 10: Adoption and amendment of annexes

1. The annexes to this Convention or to any protocol shall form an

integral part of this Convention or of such protocol, as the case may

be, and, unless expressly provided otherwise, a reference to this

Convention or its protocols constitutes at the same time a reference

to any annexes thereto. Such annexes shall be restricted to scientic,

technical and administrative matters.

2. Except as may be otherwise provided in any protocol with respect

to its annexes, the following procedure shall apply to the proposal,

adoption and entry into force of additional annexes to this Convention

or of annexes to a protocol:

(a) Annexes to this Convention shall be proposed and adopted

according to the procedure laid down in article 9, paragraphs

2 and 3, while annexes to any protocol shall be proposed and

adopted according to the procedure laid down in article 9,

paragraphs 2 and 4;

(b) Any party that is unable to approve an additional annex to this

Convention or annex to any protocol to which it is party shall

so notify the Depositary, in writing, within six months from the

date of the communication of the adoption by the Depositary.

The Depositary shall without delay notify all Parties of any

such notication received. A Party may at any time substitute

an acceptance for a previous declaration of objection and the

annexes shall thereupon enter into force for that Party;

Article 9-10

The Vienna Convention

of the communication by the Depositary, the annex shall

become effective for all Parties to this Convention or to any

protocol concerned which have not submitted a notication in

accordance with the provision of subparagraph (b) above.

3. The proposal, adoption and entry into force of amendments to

annexes to this Convention or to any protocol shall be subject to the

same procedure as for the proposal, adoption and entry into force of

annexes to the Convention or annexes to a protocol. Annexes and

amendments thereto shall take due account, inter alia, of relevant

scientic and technical considerations.

4. If an additional annex or an amendment to an annex involves an

amendment to this Convention or to any protocol, the additional

annex or amended annex shall not enter into force until such time

as the amendment to this Convention or to the protocol concerned

enters into force.

Article 11: Settlement of disputes

1. In the event of a dispute between Parties concerning the interpretation

or application of this Convention, the parties concerned shall seek

solution by negotiation.

2. If the parties concerned cannot reach agreement by negotiation, they

may jointly seek the good ofces of, or request mediation by, a third

party.

3. When ratifying, accepting, approving or acceding to this Convention,

or at any time thereafter, a State or regional economic integration

organization may declare in writing to the Depositary that for a

dispute not resolved in accordance with paragraph 1 or paragraph

2 above, it accepts one or both of the following means of dispute

settlement as compulsory:

(a) Arbitration in accordance with procedures to be adopted by the

Conference of the Parties at its rst ordinary meeting;

(b) Submission of the dispute to the International Court of Justice.

4. If the parties have not, in accordance with paragraph 3 above,

accepted the same or any procedure, the dispute shall be submitted

Article 10-11

to conciliation in accordance with paragraph 5 below unless the

parties otherwise agree.

5. A conciliation commission shall be created upon the request of one

of the parties to the dispute. The commission shall be composed of

an equal number of members appointed by each party concerned

and a chairman chosen jointly by the members appointed by each

party. The commission shall render a nal and recommendatory

award, which the parties shall consider in good faith.

6. The provisions of this Article shall apply with respect to any protocol

except as provided in the protocol concerned.

Article 12: Signature

This Convention shall be open for signature by States and by regional

economic integration organizations at the Federal Ministry for Foreign

Affairs of the Republic of Austria in Vienna from 22 March 1985 to 21

September 1985, and at United Nations Headquarters in New York from 22

September 1985 to 21 March 1986.

Article 13: Ratication , acceptance or approval

1. This Convention and any protocol shall be subject to ratication,

acceptance or approval by States and by regional economic

integration organizations. Instruments of ratication, acceptance or

approval shall be deposited with the Depositary.

2. Any organization referred to in paragraph 1 above which becomes a

Party to this Convention or any protocol without any of its member

States being a Party shall be bound by all the obligations under the

Convention or the protocol, as the case may be. In the case of such

organizations, one or more of whose member States is a Party to the

Convention or relevant protocol, the organization and its member

States shall decide on their respective responsibilities for the

performance of their obligation under the Convention or protocol, as

the case may be. In such cases, the organization and the member

States shall not be entitled to exercise rights under the Convention

or relevant protocol concurrently.

Article 11-13

The Vienna Convention

3. In their instruments of ratication, acceptance or approval, the

organizations referred to in paragraph 1 above shall declare the

extent of their competence with respect to the matters governed by

the Convention or the relevant protocol. These organizations shall

also inform the Depositary of any substantial modication in the

extent of their competence.

Article 14: Accession

1. This Convention and any protocol shall be open for accession by

States and by regional economic integration organizations from the

date on which the Convention or the protocol concerned is closed for

signature. The instruments of accession shall be deposited with the

Depositary.

2. In their instruments of accession, the organizations referred to in

paragraph 1 above shall declare the extent of their competence with

respect to the matters governed by the Convention or the relevant

protocol. These organizations shall also inform the Depositary of any

substantial modication in the extent of their competence.

3. The provisions of article 13, paragraph 2, shall apply to regional

economic integration organizations which accede to this Convention

or any protocol.

Article 15: Right to vote

1. Each Party to this Convention or to any protocol shall have one vote.

2. Except as provided for in paragraph 1 above, regional economic

integration organizations, in matters within their competence,

shall exercise their right to vote with a number of votes equal to the

number of their member States which are Parties to the Convention

or the relevant protocol. Such organizations shall not exercise their

right to vote if their member States exercise theirs, and vice versa.

Article 13-15

Article 16: Relationship between the Convention and its

protocols

1. A State or a regional economic integration organization may not

become a party to a protocol unless it is, or becomes at the same time,

a Party to the Convention.

2. Decisions concerning any protocol shall be taken only by the parties

to the protocol concerned.

Article 17: Entry into force

1. This Convention shall enter into force on the ninetieth day after the

date of deposit of the twentieth instrument of ratication, acceptance,

approval or accession.

2. Any protocol, except as otherwise provided in such protocol, shall

enter into force on the ninetieth day after the date of deposit of the

eleventh instrument of ratication, acceptance or approval of such

protocol or accession thereto.

3. For each Party which raties, accepts or approves this Convention

or accedes thereto after the deposit of the twentieth instrument of

ratication, acceptance, approval or accession, it shall enter into

force on the ninetieth day after the date of deposit by such Party of

its instrument of ratication, acceptance, approval or accession.

4. Any protocol, except as otherwise provided in such protocol, shall

enter into force for a party that raties, accepts or approves that

protocol or accedes thereto after its entry into force pursuant to

paragraph 2 above, on the ninetieth day after the date on which that

party deposits its instrument of ratication, acceptance, approval or

accession, or on the date which the Convention enters into force for

that Party, whichever shall be the later.

5. For the purposes of paragraphs 1 and 2 above, any instrument

deposited by a regional economic integration organization shall not

be counted as additional to those deposited by member States of

such organization.

Article 16-17

The Vienna Convention

Article 18: Reservations

No reservations may be made to this Convention.

Article 19: Withdrawal

1. At any time after four years from the date on which this Convention

has entered into force for a Party, that Party may withdraw from the

Convention by giving written notication to the Depositary.

2. Except as may be provided in any protocol, at any time after four

years from the date on which such protocol has entered into force for

a party, that party may withdraw from the protocol by giving written

notication to the Depositary.

3. Any such withdrawal shall take effect upon expiry of one year after

the date of its receipt by the Depositary, or on such later date as may

be specied in the notication of the withdrawal.

4. Any Party which withdraws from this Convention shall be considered

as also having withdrawn from any protocol to which it is party.

Article 20: Depositary

1. The Secretary-General of the United Nations shall assume the

functions of depositary of this Convention and any protocols.

2. The Depositary shall inform the Parties, in particular, of:

(a) The signature of this Convention and of any protocol, and the

deposit of instruments of ratication, acceptance, approval or

accession in accordance with articles 13 and 14;

(b) The date on which the Convention and any protocol will come

into force in accordance with article 17;

Article 18-20

(d) Amendments adopted with respect to the Convention and any

protocol, their acceptance by the parties and their date of entry

into force in accordance with article 9;

(e) All communications relating to the adoption and approval of

annexes and to the amendment of annexes in accordance with

article 10;

(f) Notications by regional economic integration organizations of

the extent of their competence with respect to matters governed

by this Convention and any protocols, and of any modications

thereof.

(g) Declarations made in accordance with article 11, paragraph 3.

Article 21: Authentic texts

The original of this Convention, of which the Arabic, Chinese, English,

French, Russian and Spanish texts are equally authentic, shall be deposited

with the Secretary-General of the United Nations.

IN WITNESS WHEREOF the undersigned, being duly

authorized to that effect, have signed this Convention.

Done at Vienna on the 22nd Day of March 1985.

Article 20-21

The Vienna Convention

The Vienna

Convention:

Annexes

Annex I: Research and systematic observations

1. The Parties to the Convention recognize that the major scientic

issues are:

(a) Modication of the ozone layer which would result in a change

in the amount of solar ultra-violet radiation having biological

effects (UV-B) that reaches the Earth’s surface and the potential

consequences for human health, for organisms, ecosystems and

materials useful to mankind;

(b) Modication of the vertical distribution of ozone, which could

change the temperature structure of the atmosphere and the

potential consequences for weather and climate.

2. The Parties to the Convention, in accordance with article 3, shall co-

operate in conducting research and systematic observations and in

formulating recommendations for future research and observation

in such areas as:

(a) Research into the physics and chemistry of the atmosphere

(i) Comprehensive theoretical models: further development

of models which consider the interaction between

radiative, dynamic and chemical processes; studies of the

simultaneous effects of various man-made and naturally

occurring species upon atmospheric ozone; interpretation

of satellite and non-satellite measurement data sets;

evaluation of trends in atmospheric and geophysical

parameters, and the development of methods for attributing

changes in these parameters to specic causes;

(ii) Laboratory studies of: rate coefcients, absorption cross-

sections and mechanisms of tropospheric and stratospheric

chemical and photochemical processes; spectroscopic

data to support eld measurements in all relevant spectral

regions;

(iii) Field measurements: the concentration and uxes of

key source gases of both natural and anthropogenic

origin; atmospheric dynamics studies; simultaneous

measurements of photochemically-related species

down to the planetary boundary layer, using in situ and

remote sensing instruments; intercomparison of different

Annex I

The Vienna Convention

sensors, including co-ordinated correlative measures for

satellite instrumentation; three-dimensional elds of key

atmospheric trace constituents, solar spectral ux and

meteorological parameters;

(iv) Instrument development, including satellite and non-

satellite sensors for atmospheric trace constituents, solar

ux and meteorological parameters;

(b) Research into health, biological and photodegradation effects

(i) The relationship between human exposure to visible and

ultra-violet solar radiation and (a) the development of both

non-melanoma and melanoma skin cancer and (b) the

effects on the immunological system;

(ii) Effects of UV-B radiation, including the wavelength

dependence, upon (a) agricultural crops, forests and other

terrestrial ecosystems and (b) the aquatic food web and

sheries, as well as possible inhibition of oxygen production

by marine phytoplankton;

(iii) The mechanisms by which UV-B radiation acts on

biological materials, species and ecosystems, including:

the relationship between dose, dose rate, and response;

photorepair, adaptation, and protection;

(iv) Studies of biological action spectra and the spectral

response using polychromatic radiation in order to include

possible interactions of the various wavelength regions;

(v) The inuence of UV-B radiation on: the sensitivities and

activities of biological species important to the biospheric

balance; primary processes such as photosynthesis and

biosynthesis;

(vi) The inuence of UV-B radiation on the photodegradation of

pollutants, agricultural chemicals and other materials;

Annex I

(i) Theoretical and observational studies of the radiative

effects of ozone and other trace species and the impact

on climate parameters, such as land and ocean surface

temperatures, precipitation patterns, the exchange between

the troposphere and stratosphere;

(ii) The investigation of the effects of such climate impacts on

various aspects of human activity;

(d) Systematic observation on:

(i) The status of the ozone layer (i.e. the spatial and temporal

variability of the total column content and vertical

distribution) by making the Global Ozone Observing

System , based on the integration of satellite and ground-

based systems, fully operational;

(ii) The tropospheric and stratospheric concentrations of

source gases for the HOx, NOx, ClOx and carbon families;

(iii) The temperature from the ground to the mesosphere,

utilizing both ground-based and satellite systems;

(iv) Wavelength-resolved solar ux reaching, and thermal

radiation leaving, the Earth’s atmosphere, utilizing satellite

measurements;

(v) Wavelength-resolved solar ux reaching the Earth’s surface

in the ultra-violet range having biological effects (UV-B);

(vi) Aerosol properties and distribution from the ground to the

mesosphere, utilizing ground-based, airborne and satellite

systems;

(vii) Climatically important variables by the maintenance

of programmes of high-quality meteorological surface

measurements;

(viii) Trace species, temperatures, solar ux and aerosols

utilizing improved methods for analyzing global data.

Annex I

The Vienna Convention

3. The Parties to the Convention shall co-operate, taking into account

the particular needs of the developing countries, in promoting the

appropriate scientic and technical training required to participate

in the research and systematic observations outlined in this

annex. Particular emphasis should be given to the intercalibration

of observational instrumentation and methods with a view to

generating comparable or standardized scientic data sets.

4. The following chemical substances of natural and anthropogenic

origin, not listed in order of priority, are thought to have the potential

to modify the chemical and physical properties of the ozone layer.

(a) Carbon substances

(i) Carbon monoxide (CO)

Carbon monoxide has signicant natural and anthropogenic

sources, and is thought to play a major direct role in

tropospheric photochemistry, and an indirect role in

stratospheric photochemistry.

(ii) Carbon dioxide (CO

)

Carbon dioxide has signicant natural and anthropogenic

sources, and affects stratospheric ozone by inuencing the

thermal structure of the atmosphere.

(iii) Methane (CH

Methane has both natural and anthropogenic sources, and

affects both tropospheric and stratospheric ozone.

(iv) Non-methane hydrocarbon species

Non-methane hydrocarbon species, which consist of a

large number of chemical substances, have both natural

and anthropogenic sources, and play a direct role in

tropospheric photochemistry and an indirect role in

stratospheric photochemistry.

(b) Nitrogen substances

(i) Nitrous oxide (N

The dominant sources of N

O are natural, but anthropogenic

contributions are becoming increasingly important. Nitrous

oxide is the primary source of stratospheric NO

, which play

a vital role in controlling the abundance of stratospheric

ozone.

Annex I

(ii) Nitrogen oxides (NO

)

Ground-level sources of NO

play a major direct role only

in tropospheric photochemical processes and an indirect

role in stratosphere photochemistry, whereas injection of

close to the tropopause may lead directly to a change in

upper tropospheric and stratospheric ozone.

(i) Fully halogenated alkanes, e.g. CCl

, CFCl

(CFC–11), CF

(CFC–12), C

(CFC–113), C

(CFC–114)

Fully halogenated alkanes are anthropogenic and act

as a source of ClO

which plays a vital role in ozone

photochemistry, especially in the 30–50 km altitude region.

(ii) Partially halogenated alkanes, e.g. CH

Cl, CHF

Cl (CFC–22),

CCl

, CHFCl

(CFC–21)

The sources of CH

Cl are natural, whereas the other partially

halogenated alkanes mentioned above are anthropogenic

in origin. These gases also act as a source of stratospheric

ClO

(d) Bromine substances

Fully halogenated alkanes, e.g. CF

These gases are anthropogenic and act as a source of BrO

which behaves in a manner similar to ClO

(e) Hydrogen substances

(i) Hydrogen (H

)

Hydrogen, the source of which is natural and anthropogenic,

plays a minor role in stratospheric photochemistry.

(ii) Water (H

Water, the source of which is natural, plays a vital role in

both tropospheric and stratospheric photochemistry. Local

sources of water vapor in the stratosphere include the

oxidation of methane and, to a lesser extent, of hydrogen.

Annex I

The Vienna Convention

Annex II: Information exchange

1. The Parties to the Convention recognize that the collection and

sharing of information is an important means of implementing

the objectives of this Convention and of assuring that any actions

that may be taken are appropriate and equitable. Therefore, Parties

shall exchange scientic, technical, socio-economic, business,

commercial and legal information.

2. The Parties to the Convention, in deciding what information is to be

collected and exchanged, should take into account the usefulness

of the information and the costs of obtaining it. The Parties further

recognize that co-operation under this annex has to be consistent

with national laws, regulations and practices regarding patents, trade

secrets, and protection of condential and proprietary information.

3. Scientic information

This includes information on:

(a) Planned and ongoing research, both governmental and private,

to facilitate the co-ordination of research programmes so

as to make the most effective use of available national and

international resources;

(b) The emission data needed for research;

understanding of the physics and chemistry of the Earth’s

atmosphere and of its susceptibility to change, in particular

on the state of the ozone layer and effects on human health,

environment and climate which would result from changes on

all time-scales in either the total column content or the vertical

distribution of ozone;

(d) The assessment of research results and the recommendation

for future research.

Annex II

4. Technical information

This includes information on:

(a) The availability and cost of chemical substitutes and of

alternative technologies to reduce the emissions of ozone-

modifying substances and related planned and ongoing

research;

(b) The limitations and any risks involved in using chemical or

other substitutes and alternative technologies.

5. Socio-economic and commercial information on the substances

referred to in annex I

(a) This includes information on:

(b) Production and production capacity;

(d) Imports/exports;

(e) The costs, risks and benets of human activities which

may indirectly modify the ozone layer and of the impacts of

regulatory actions taken or being considered to control these

activities.

6. Legal information

This includes information on:

(a) National laws, administrative measures and legal research

relevant to the protection of the ozone layer;

(b) International agreements, including bilateral agreements,

relevant to the protection of the ozone layer;

relevant to the protection of the ozone layer.

Annex II

The Vienna Convention

Declarations made at the time of adoption of the

Final Act of the Conference of Plenipotentiaries on

the Protection of the Ozone Layer

[The Conference agreed that the declarations contained in

paragraphs 1 to 3, as submitted on 21 March 1985, and the

declarations contained in paragraphs 4 and 5, as submitted on

22 March 1985, should be appended to the Final Act.]

1. The delegations of Australia, Austria, Belgium, Canada,

Chile, Denmark, Finland, France, Germany (Federal

Republic of), Italy, Netherlands, New Zealand, Norway,

Sweden, Switzerland, and United Kingdom of Great

Britain and Northern Ireland express their regret at the

absence from the Vienna Convention for the Protection

of the Ozone Layer of any provision for the compulsory

settlement of disputes by third parties, at the request

of one party. Consistently with their traditional support

for such a procedure, these delegations appeal to all

Parties to the Convention to make use of the possibility

of a declaration under article 11, paragraph 3 of the

Convention.

2. The delegation of Egypt reiterates the importance

attached by its Government to the international and

national efforts to protect the environment, including

the protection of the ozone layer. For that reason, it

has participated from the outset in the preparatory

work for the Conference of Plenipotentiaries on the

Protection of the Ozone Layer, and in the adoption of the

Convention and resolutions. While concurring with the

consensus on article 1 of the Convention, the delegation

of Egypt understands paragraph 6 of that article as being

applicable to all regional organizations, including the

Organization of African Unity and the League of Arab

States, provided they full the conditions laid down in

that article, namely, that they have competence in respect

of matters governed by the Convention and have been

duly authorized by their member States in accordance

with their internal rules of procedure. While concurring

with the consensus on article 2 of the Convention, the

delegation of Egypt states that the rst sentence of

paragraph 2 of that article should be read in the light of

Declarations

the third preambular paragraph. While concurring with

the consensus on Resolution No. 1 on Institutional and

Financial Arrangements, the delegation of Egypt states

that its approval of the third preambular paragraph of

that resolution is without prejudice to its position on the

method of apportioning contributions among the member

States, with particular reference to option 2, which it

had supported during the discussions on preparatory

document UNEP/WG.94/13, whereby 80 per cent of the

costs would be covered by the industrialized countries

and the remaining 20 per cent apportioned among the

member States on the basis of the United Nations scale of

assessment.

3. With regard to Resolution No. 2 on the Protocol Concerning

Chlorouorocarbons, the delegation of Japan is of the

opinion that a decision whether or not to continue work on

a protocol should await the results of the work of the Co-

ordinating Committee on the Ozone Layer. Secondly, with

regard to paragraph 6 of the above-mentioned resolution,

the delegation of Japan is of the opinion that each

country should itself decide how to control emissions of

chlorouorocarbons.

4. The delegation of Spain declares that, in accordance with

the interpretation by the President of the Conference in his

statement of 21 March 1985, its Government understands

paragraph 6 of the Resolution on a Protocol Concerning

Chlorouorocarbons as being addressed exclusively to

the individual countries themselves, which are urged to

control their limits of production or use, and not to third

countries or to regional organizations with respect to such

countries.

5. The delegation of the United States of America declares

that it understands article 15 of the Convention to mean

that regional economic integration organizations, none

of whose member States are Parties to the Convention

or relevant Protocol, shall have one vote each. It further

understands that article 15 does not allow any double

voting by regional economic integration organizations

and their member States, that is, regional economic

integration organizations may never vote in addition to

their member States which are party to the Convention or

relevant protocol, and vice versa.

Declarations

The Montreal

Protocol

on Substances

that Deplete the

Ozone Layer

as adjusted and amended by the

Second Meeting of the Parties

London, 27–29 June 1990

and by the

Fourth Meeting of the Parties

Copenhagen, 23–25 November 1992

and further adjusted by the

Seventh Meeting of the Parties

Vienna, 5–7 December 1995

and further adjusted and amended by the

Ninth Meeting of the Parties

Montreal, 15–17 September 1997

and by the

Eleventh Meeting of the Parties

Beijing, 29 November–3 December 1999

and further adjusted by the

Nineteenth Meeting of the Parties

Montreal, 17–21 September 2007

and further amended by the

Twenty-Eighth Meeting of the Parties

Kigali, 10-15 October 2016

and further adjusted by the

Thirtieth Meeting of the Parties

Quito, 5-9 November 2018

3535

Preamble

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

signicantly deplete and otherwise modify the ozone layer in a manner that

is likely to result in adverse effects on human health and the environment,

Conscious

of the potential climatic effects of emissions of these substances,

Aware

that measures taken to protect the ozone layer from depletion should

be based on relevant scientic 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 scientic 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 nancial

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

scientically established problem of ozone depletion and its harmful effects,

Noting

the precautionary measures for controlling emissions of certain

chlorouorocarbons that have already been taken at national and regional

levels,

Considering

the importance of promoting international co-operation in the

research, development and transfer of alternative technologies relating to

the control and reduction of emissions of substances that deplete the ozone

layer, bearing in mind in particular the needs of developing countries,

HAVE AGREED AS FOLLOWS:

Preamble

The Montreal Protocol

Article 1

Article 1: Denitions

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 in Annex A, Annex B,

Annex C, Annex E or Annex F to this Protocol, whether existing alone

or in a mixture. It includes the isomers of any such substance, except

as specied 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 efciencies or responding to

anticipated shortfalls in supply as a result of plant closures.

Article 2: Control Measures

Incorporated in Article 2A.

Replaced by Article 2B.

Replaced by Article 2A.

5. Any Party may, for one or more control periods, transfer to another

Party any portion of its calculated level of production set out in

Articles 2A to 2F, Articles 2H and 2J, 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

notied to the Secretariat by each of the Parties concerned, stating

the terms of such transfer and the period for which it is to apply.

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 notied 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

of production pursuant to paragraph 6 shall be notied to the

Secretariat, no later than the time of the transfer or addition.

Article 2

The Montreal Protocol

(a) Any Parties which are Member States of a regional economic

integration organization as dened in Article 1 (6) of the

Convention may agree that they shall jointly full their

obligations respecting consumption under this Article and

Articles 2A to 2J provided that their total combined calculated

level of consumption does not exceed the levels required by

this Article and Articles 2A to 2J. Any such agreement may

be extended to include obligations respecting consumption or

production under Article 2J provided that the total combined

calculated level of consumption or production of the Parties

concerned does not exceed the levels required by Article 2J.

(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.

States of the regional economic integration organization and

the organization concerned are Parties to the Protocol and have

notied the Secretariat of their manner of implementation.

(a) Based on the assessments made pursuant to Article 6, the

Parties may decide whether:

(i) Adjustments to the ozone depleting potentials specied in

Annex A, Annex B, Annex C and/or Annex E should be made

and, if so, what the adjustments should be;

(ii) Adjustments to the global warming potentials specied in

Group I of Annex A, Annex C and Annex F should be made

and, if so, what the adjustments should be; and

(iii) 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;

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 the Parties not so operating present and voting;

Article 2

Article 2A

(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:

(a) whether any substances, and if so which, should be added to or

removed from any annex to this Protocol, and

(b) 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 2J Parties may take more stringent measures than

those required by this Article and Articles 2A to 2J.

Article 2A: CFCs

1. Each Party shall ensure that for the twelve-month period commencing

on the rst day of the seventh month following the date of 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 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.

The Montreal Protocol

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-ve 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-ve per cent of its calculated level of production

in 1986. However, in order to satisfy the basic domestic needs of

the Parties operating under paragraph 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 a quantity equal to the

annual average of its production of the controlled substances in

Group I of Annex A for basic domestic needs for the period 1995 to

1997 inclusive. 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.

5. Each Party shall ensure that for the twelve-month period commencing

on 1 January 2003 and in each twelve-month period thereafter, its

calculated level of production of the controlled substances in Group

I of Annex A for the basic domestic needs of the Parties operating

under paragraph 1 of Article 5 does not exceed eighty per cent of

the annual average of its production of those substances for basic

domestic needs for the period 1995 to 1997 inclusive.

6. Each Party shall ensure that for the twelve-month period commencing

on 1 January 2005 and in each twelve-month period thereafter, its

calculated level of production of the controlled substances in Group

I of Annex A for the basic domestic needs of the Parties operating

under paragraph 1 of Article 5 does not exceed fty per cent of

the annual average of its production of those substances for basic

domestic needs for the period 1995 to 1997 inclusive.

Article 2A-B

7. Each Party shall ensure that for the twelve-month period commencing

on 1 January 2007 and in each twelve-month period thereafter, its

calculated level of production of the controlled substances in Group

I of Annex A for the basic domestic needs of the Parties operating

under paragraph 1 of Article 5 does not exceed fteen per cent of

the annual average of its production of those substances for basic

domestic needs for the period 1995 to 1997 inclusive.

8. Each Party shall ensure that for the twelve-month period commencing

on 1 January 2010 and in each twelve-month period thereafter, its

calculated level of production of the controlled substances in Group

I of Annex A for the basic domestic needs of the Parties operating

under paragraph 1 of Article 5 does not exceed zero.

9. For the purposes of calculating basic domestic needs under

paragraphs 4 to 8 of this Article, the calculation of the annual average

of production by a Party includes any production entitlements

that it has transferred in accordance with paragraph 5 of Article 2,

and excludes any production entitlements that it has acquired in

accordance with paragraph 5 of Article 2.

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 II of Annex A does not exceed, annually, its calculated level

of consumption in 1986. Each Party producing one or more of these

substances shall, for the same periods, ensure that its calculated

level of production of the substances does not exceed, annually, its

calculated level of production in 1986. However, in order to satisfy the

basic domestic needs of the Parties operating under paragraph 1 of

Article 5, its calculated level of production may exceed that limit by

up to ten per cent of its calculated level of production in 1986.

2. Each Party shall ensure that for the twelve-month period commencing

on 1 January 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

The Montreal Protocol

Article 2B-C

of production may, until 1 January 2002 exceed that limit by up to

fteen per cent of its calculated level of production in 1986; thereafter,

it may exceed that limit by a quantity equal to the annual average of

its production of the controlled substances in Group II of Annex A

for basic domestic needs for the period 1995 to 1997 inclusive. 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.

3. Each Party shall ensure that for the twelve-month period commencing

on 1 January 2005 and in each twelve-month period thereafter, its

calculated level of production of the controlled substances in Group

II of Annex A for the basic domestic needs of the Parties operating

under paragraph 1 of Article 5 does not exceed fty per cent of the

annual average of its production of those substances for basic

domestic needs for the period 1995 to 1997 inclusive.

4. Each Party shall ensure that for the twelve-month period commencing

on 1 January 2010 and in each twelve-month period thereafter, its

calculated level of production of the controlled substances in Group

II of Annex A for the basic domestic needs of the Parties operating

under paragraph 1 of Article 5 does not exceed zero.

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

Article 2C

Group I of Annex B does not exceed, annually, twenty-ve 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-ve 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, until 1 January 2003 exceed that limit by up to

fteen per cent of its calculated level of production in 1989; thereafter,

it may exceed that limit by a quantity equal to eighty per cent of the

annual average of its production of the controlled substances in

Group I of Annex B for basic domestic needs for the period 1998 to

2000 inclusive. 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.

4. Each Party shall ensure that for the twelve-month period commencing

on 1 January 2007 and in each twelve-month period thereafter, its

calculated level of production of the controlled substances in Group

I of Annex B for the basic domestic needs of the Parties operating

under paragraph 1 of Article 5 does not exceed fteen per cent of

the annual average of its production of those substances for basic

domestic needs for the period 1998 to 2000 inclusive.

5. Each Party shall ensure that for the twelve-month period commencing

on 1 January 2010 and in each twelve-month period thereafter, its

calculated level of production of the controlled substances in Group

I of Annex B for the basic domestic needs of the Parties operating

under paragraph 1 of Article 5 does not exceed zero.

The Montreal Protocol

Article 2D-E

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 substance in Group II of Annex B does not exceed,

annually, fteen 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, fteen 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 fteen 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-Trichloroethane (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.

Article 2E-F

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, fty 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, fty 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 fteen 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: Hydrochlorouorocarbons

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) Two point eight 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 producing one or more of these substances shall ensure

that for the twelve-month period commencing on 1 January 2004,

and in each twelve-month period thereafter, its calculated level of

production of the controlled substances in Group I of Annex C does

not exceed, annually, the average of:

The Montreal Protocol

Article 2F

(a) The sum of its calculated level of consumption in 1989 of the

controlled substances in Group I of Annex C and two point eight

per cent of its calculated level of consumption in 1989 of the

controlled substances in Group I of Annex A; and

(b) The sum of its calculated level of production in 1989 of the

controlled substances in Group I of Annex C and two point

eight per cent of its calculated level of production in 1989 of the

controlled substances in Group I of Annex A.

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 fteen per cent of its

calculated level of production of the controlled substances in Group I

of Annex C as dened above.

3. 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-ve 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 2010, and in each twelve-month period

thereafter, its calculated level of consumption of the controlled

substances in Group I of Annex C does not exceed, annually, twenty-

ve per cent of the sum referred to in paragraph 1 of this Article. Each

Party producing one or more of these substances shall, for the same

periods, ensure that its calculated level of production of the controlled

substances in Group I of Annex C does not exceed, annually, twenty-

ve per cent of the calculated level referred to in paragraph 2 of this

Article. However, in order to satisfy the basic domestic needs of

the Parties operating under paragraph 1 of Article 5, its calculated

level of production may exceed that limit by up to ten per cent of its

calculated level of production of the controlled substances in Group I

of Annex C as referred to in paragraph 2.

5. Each Party shall ensure that for the twelve-month period commencing

on 1 January 2015, and in each twelve-month period thereafter, its

calculated level of consumption of the controlled substances in

Group I of Annex C does not exceed, annually, ten per cent of the sum

referred to in paragraph 1 of this Article. Each Party producing one or

more of these substances shall, for the same periods, ensure that its

calculated level of production of the controlled substances in Group

I of Annex C does not exceed, annually, ten per cent of the calculated

level referred to in paragraph 2 of this Article. However, in order

Article 2F

to satisfy the basic domestic needs of the Parties operating under

paragraph 1 of Article 5, its calculated level of production may exceed

that limit by up to ten per cent of its calculated level of production

of the controlled substances in Group I of Annex C as referred to in

paragraph 2.

6. Each Party shall ensure that for the twelve-month period commencing

on 1 January 2020, and in each twelve-month period thereafter, its

calculated level of consumption of the controlled substances in

Group I of Annex C does not exceed zero. Each Party producing one or

more of these substances shall, for the same periods, ensure that its

calculated level of production of the controlled substances in Group

I of Annex C does not exceed zero. 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. However:

(a) Each Party may exceed that limit on consumption by up to zero

point ve per cent of the sum referred to in paragraph 1 of this

Article in any such twelve-month period ending before 1 January

2030, provided that such consumption shall be restricted to:

(i) The servicing of refrigeration and air-conditioning

equipment existing on 1 January 2020;

(ii) The servicing of re suppression and re protection

equipment existing on 1 January 2020;

(iii) Solvent applications in rocket engine manufacturing; and

(iv) Topical medical aerosol applications for the specialised

treatment of burns.

(b) Each Party may exceed that limit on production by up to zero

point ve per cent of the average referred to in paragraph 2 of this

Article in any such twelve-month period ending before 1 January

2030, provided that such production shall be restricted to:

(i) The servicing of refrigeration and air-conditioning

equipment existing on 1 January 2020;

(ii) The servicing of re suppression and re protection

equipment existing on 1 January 2020;

(iii) Solvent applications in rocket engine manufacturing; and

(iv) Topical medical aerosol applications for the specialised

treatment of burns.

The Montreal Protocol

Article 2F-H

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

use in a manner that minimizes ozone depletion, in addition

to meeting other environmental, safety and economic

considerations.

Article 2G: Hydrobromouorocarbons

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

1. Each Party shall ensure that for the twelve-month period

commencing on 1 January 1995, and in each twelve-month period

thereafter, its calculated level of consumption of the controlled

substance in Annex E does not exceed, annually, its calculated level

of consumption in 1991. Each Party producing the substance shall,

for the same period, 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.

Article 2H

2. Each Party shall ensure that for the twelve-month period commencing

on 1 January 1999, and in the twelve-month period thereafter, its

calculated level of consumption of the controlled substance in

Annex E does not exceed, annually, seventy-ve per cent of its

calculated level of consumption in 1991. Each Party producing the

substance shall, for the same periods, ensure that its calculated level

of production of the substance does not exceed, annually, seventy-

ve per cent of its calculated level of production in 1991. However,

in order to satisfy the basic domestic needs of the Parties operating

under paragraph 1 of Article 5, its calculated level of production

may exceed that limit by up to ten per cent of its calculated level of

production in 1991.

3. Each Party shall ensure that for the twelve-month period commencing

on 1 January 2001, and in the twelve-month period thereafter, its

calculated level of consumption of the controlled substance in Annex

E does not exceed, annually, fty per cent of its calculated level of

consumption in 1991. Each Party producing the substance shall, for

the same periods, ensure that its calculated level of production of the

substance does not exceed, annually, fty per cent of its calculated

level of production in 1991. However, in order to satisfy the basic

domestic needs of the Parties operating under paragraph 1 of Article

5, its calculated level of production may exceed that limit by up to ten

per cent of its calculated level of production in 1991.

4. Each Party shall ensure that for the twelve-month period commencing

on 1 January 2003, and in the twelve-month period thereafter, its

calculated level of consumption of the controlled substance in Annex

E does not exceed, annually, thirty per cent of its calculated level of

consumption in 1991. Each Party producing the substance shall, for

the same periods, ensure that its calculated level of production of the

substance does not exceed, annually, thirty per cent of its calculated

level of production in 1991. However, in order to satisfy the basic

domestic needs of the Parties operating under paragraph 1 of Article

5, its calculated level of production may exceed that limit by up to ten

per cent of its calculated level of production in 1991.

5. Each Party shall ensure that for the twelve-month period

commencing on 1 January 2005, and in each twelve-month period

thereafter, its calculated level of consumption of the controlled

substance in Annex E does not exceed 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,

The Montreal Protocol

Article 2H-J

until 1 January 2002 exceed that limit by up to fteen per cent of its

calculated level of production in 1991; thereafter, it may exceed that

limit by a quantity equal to the annual average of its production of

the controlled substance in Annex E for basic domestic needs for the

period 1995 to 1998 inclusive. This paragraph will apply save to the

extent that the Parties decide to permit the level of production or

consumption that is necessary to satisfy uses agreed by them to be

critical uses.

bis

. Each Party shall ensure that for the twelve-month period commencing

on 1 January 2005 and in each twelve-month period thereafter, its

calculated level of production of the controlled substance in Annex E

for the basic domestic needs of the Parties operating under paragraph

1 of Article 5 does not exceed eighty per cent of the annual average

of its production of the substance for basic domestic needs for the

period 1995 to 1998 inclusive.

ter

. Each Party shall ensure that for the twelve-month period commencing

on 1 January 2015 and in each twelve-month period thereafter, its

calculated level of production of the controlled substance in Annex E

for the basic domestic needs of the Parties operating under paragraph

1 of Article 5 does not exceed zero.

6. 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 2I: Bromochloromethane

Each Party shall ensure that for the twelve-month period commencing on

1 January 2002, and in each twelve-month period thereafter, its calculated

level of consumption and production of the controlled substance in Group III

of Annex C does not exceed zero. This paragraph will apply save to the extent

that the Parties decide to permit the level of production or consumption that

is necessary to satisfy uses agreed by them to be essential.

Article 2J: Hydrouorocarbons

1. Each Party shall ensure that for the twelve-month period

commencing on 1 January 2019, and in each twelve-month period

Article 2J

thereafter, its calculated level of consumption of the controlled

substances in Annex F, expressed in CO

equivalents, does not exceed

the percentage, set out for the respective range of years specied in

subparagraphs (a) to (e) below, of the annual average of its calculated

levels of consumption of Annex F controlled substances for the years

2011, 2012 and 2013, plus fteen per cent of its calculated level of

consumption of Annex C, Group I, controlled substances as set out in

paragraph 1 of Article 2F, expressed in CO

equivalents:

(a) 2019 to 2023: 90 per cent

(b) 2024 to 2028: 60 per cent

(d) 2034 to 2035: 20 per cent

(e) 2036 and thereafter: 15 per cent

2. Notwithstanding paragraph 1 of this Article, the Parties may

decide that a Party shall ensure that, for the twelve-month period

commencing on 1 January 2020, and in each twelve-month period

thereafter, its calculated level of consumption of the controlled

substances in Annex F, expressed in CO

equivalents, does not exceed

the percentage, set out for the respective range of years specied in

subparagraphs (a) to (e) below, of the annual average of its calculated

levels of consumption of Annex F controlled substances for the years

2011, 2012 and 2013, plus twenty-ve per cent of its calculated level of

consumption of Annex C, Group I, controlled substances as set out in

paragraph 1 of Article 2F, expressed in CO

equivalents:

(a) 2020 to 2024: 95 per cent

(b) 2025 to 2028: 65 per cent

(d) 2034 to 2035: 20 per cent

(e) 2036 and thereafter: 15 per cent

3. Each Party producing the controlled substances in Annex F shall

ensure that for the twelve-month period commencing on 1 January

2019, and in each twelve-month period thereafter, its calculated level

of production of the controlled substances in Annex F, expressed

in CO

equivalents, does not exceed the percentage, set out for

the respective range of years specied in subparagraphs (a) to (e)

below, of the annual average of its calculated levels of production

The Montreal Protocol

Article 2J

of Annex F controlled substances for the years 2011, 2012 and 2013,

plus fteen per cent of its calculated level of production of Annex C,

Group I, controlled substances as set out in paragraph 2 of Article 2F,

expressed in CO

equivalents:

(a) 2019 to 2023: 90 per cent

(b) 2024 to 2028: 60 per cent

(d) 2034 to 2035: 20 per cent

(e) 2036 and thereafter: 15 per cent

4. Notwithstanding paragraph 3 of this Article, the Parties may decide

that a Party producing the controlled substances in Annex F shall

ensure that for the twelve-month period commencing on 1 January

2020, and in each twelve-month period thereafter, its calculated level

of production of the controlled substances in Annex F, expressed

in CO

equivalents, does not exceed the percentage, set out for the

respective range of years specied in subparagraphs (a) to (e) below,

of the annual average of its calculated levels of production of Annex

F controlled substances for the years 2011, 2012 and 2013, plus

twenty-ve per cent of its calculated level of production of Annex C,

Group I, controlled substances as set out in paragraph 2 of Article 2F,

expressed in CO

equivalents:

(a) 2020 to 2024: 95 per cent

(b) 2025 to 2028: 65 per cent

(d) 2034 to 2035: 20 per cent

(e) 2036 and thereafter: 15 per cent

5. Paragraphs 1 to 4 of this Article will apply save to the extent that the

Parties decide to permit the level of production or consumption that is

necessary to satisfy uses agreed by the Parties to be exempted uses.

6. Each Party manufacturing Annex C, Group I, or Annex F substances

shall ensure that for the twelve-month period commencing on

1 January 2020, and in each twelve-month period thereafter, its

emissions of Annex F, Group II, substances generated in each

production facility that manufactures Annex C, Group I, or Annex F

substances are destroyed to the extent practicable using technology

approved by the Parties in the same twelve-month period.

Article 3

7. Each Party shall ensure that any destruction of Annex F, Group II,

substances generated by facilities that produce Annex C, Group I, or

Annex F substances shall occur only by technologies approved by

the Parties.

Article 3: Calculation of control levels

1. For the purposes of Articles 2, 2A to 2J and 5, each Party shall, for

each group of substances in Annex A, Annex B, Annex C, Annex E or

Annex F, determine its calculated levels of:

(a) Production by:

(i) multiplying its annual production of each controlled

substance by the ozone depleting potential specied in

respect of it in Annex A

Annex B, Annex C or Annex E, except

as otherwise specied in paragraph 2;

(ii) adding together, for each such Group, the resulting gures;

(b) Imports and exports, respectively, by following,

mutatis

mutandis

, the procedure set out in subparagraph (a); and

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; and

(d) Emissions of Annex F, Group II, substances generated in each

facility that generates Annex C, Group I, or Annex F substances

by including, among other things, amounts emitted from

equipment leaks, process vents and destruction devices, but

excluding amounts captured for use, destruction or storage.

2. When calculating levels, expressed in CO

equivalents, of production,

consumption, imports, exports and emissions of Annex F and Annex

C, Group I, substances for the purposes of Article 2J, paragraph 5 of

Article 2 and paragraph 1 (d) of Article 3, each Party shall use the

global warming potentials of those substances specied in Group I of

Annex A, Annex C and Annex F.

The Montreal Protocol

Article 4

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.

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.

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.

qua

. Within one year of the date of entry into force of this paragraph, each

Party shall ban the import of the controlled substance in Annex E

from any State not party to this Protocol.

quin

. As of 1 January 2004, each Party shall ban the import of the controlled

substances in Group I of Annex C from any State not party to this

Protocol.

sex.

Within one year of the date of entry into force of this paragraph, each

Party shall ban the import of the controlled substance in Group III of

Annex C from any State not party to this Protocol.

sept

. Upon entry into force of this paragraph, each Party shall ban the

import of the controlled substances in Annex F from any State not

Party to this Protocol.

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.

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.

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.

qua

. Commencing one year of the date of entry into force of this paragraph,

each Party shall ban the export of the controlled substance in Annex

E to any State not party to this Protocol.

Article 4

quin

. As of 1 January 2004, each Party shall ban the export of the controlled

substances in Group I of Annex C to any State not party to this

Protocol.

sex.

Within one year of the date of entry into force of this paragraph, each

Party shall ban the export of the controlled substance in Group III of

Annex C to any State not party to this Protocol.

sept

. Upon entry into force of this paragraph, each Party shall ban the

export of the controlled substances in Annex F to any State not Party

to this Protocol.

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.

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.

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 or restrict,

within one year of the annex having become effective, the import of

those products from any State not party to this Protocol.

The Montreal Protocol

Article 4

bis.

Within ve 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.

ter

. Within ve years of the date of 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 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 and for utilizing controlled substances in Annexes A, B, C,

E and F.

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, B, C, E and F.

7. Paragraphs 5 and 6 shall not apply to products, equipment, plants

or technology that improve the containment, recovery, recycling or

destruction of controlled substances, promote the development of

alternative substances, or otherwise contribute to the reduction of

emissions of controlled substances in Annexes A, B, C, E and F.

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 2J and this Article, and have submitted data

to that effect as specied in Article 7.

Article 4A-B

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 4A: Control of trade with Parties

1. Where, after the phase-out date applicable to it for a controlled

substance, a Party is unable, despite having taken all practicable

steps to comply with its obligation under the Protocol, to cease

production of that substance for domestic consumption, other than

for uses agreed by the Parties to be essential, it shall ban the export

of used, recycled and reclaimed quantities of that substance, other

than for the purpose of destruction.

2. Paragraph 1 of this Article shall apply without prejudice to the

operation of Article 11 of the Convention and the non-compliance

procedure developed under Article 8 of the Protocol.

Article 4B: Licensing

1. Each Party shall, by 1 January 2000 or within three months of the

date of entry into force of this Article for it, whichever is the later,

establish and implement a system for licensing the import and

export of new, used, recycled and reclaimed controlled substances in

Annexes A, B, C and E.

2. Notwithstanding paragraph 1 of this Article, any Party operating

under paragraph 1 of Article 5 which decides it is not in a position

to establish and implement a system for licensing the import and

export of controlled substances in Annexes C and E, may delay taking

those actions until 1 January 2005 and 1 January 2002, respectively.

The Montreal Protocol

Article 4B-5

bis

. Each Party shall, by 1 January 2019 or within three months of the date

of entry into force of this paragraph for it, whichever is later, establish

and implement a system for licensing the import and export of new,

used, recycled and reclaimed controlled substances in Annex F. Any

Party operating under paragraph 1 of Article 5 that decides it is not

in a position to establish and implement such a system by 1 January

2019 may delay taking those actions until 1 January 2021.

3. Each Party shall, within three months of the date of introducing its

licensing system, report to the Secretariat on the establishment and

operation of that system.

4. The Secretariat shall periodically prepare and circulate to all Parties

a list of the Parties that have reported to it on their licensing systems

and shall forward this information to the Implementation Committee

for consideration and appropriate recommendations to the Parties.

Article 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 Amendment 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.

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

Article 5

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 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 relating

to consumption.

(b) For controlled substances under Annex B, the average of its

annual 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 relating

to consumption.

of its annual calculated level of production for the period

1995 to 1997 inclusive or a calculated level of production of 0.3

kilograms per capita, whichever is the lower, as the basis for

determining its compliance with the control measures relating

to production.

(d) For controlled substances under Annex B, either the average

of its annual calculated level of production for the period 1998

to 2000 inclusive or a calculated level of production of 0.2

kilograms per capita, whichever is the lower, as the basis for

determining its compliance with the control measures relating

to production.

4. If a Party operating under paragraph 1 of this Article, at any time

before the control measures obligations in Articles 2A to 2J become

applicable to it, nds itself unable to obtain an adequate supply

of controlled substances, it may notify this to the Secretariat. The

The Montreal Protocol

Article 5

Secretariat shall forthwith transmit a copy of such notication 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 full the obligations of the Parties

operating under paragraph 1 of this Article to comply with the control

measures set out in Articles 2A to 2E and Articles 2I and 2J, and with

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

nancial co-operation as provided by Article 10 and the transfer of

technology as provided by Article 10A.

6. Any Party operating under paragraph 1 of this Article may, at any time,

notify the Secretariat in writing that, having taken all practicable

steps it is unable to implement any or all of the obligations laid down

in Articles 2A to 2E and Articles 2I and 2J, 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 notication 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 notication and the Meeting of the Parties

at which the appropriate action referred to in paragraph 6 above is to

be decided, or for a further period if the Meeting of the Parties so

decides, the non-compliance procedures referred to in Article 8 shall

not be invoked against the notifying Party.

8. A Meeting of the Parties shall review, not later than 1995, the situation

of the Parties operating under paragraph 1 of this Article, including

the effective implementation of nancial 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.

bis.

Based on the conclusions of the review referred to in paragraph 8

above:

(a) With respect to the controlled substances in Annex A, a Party

operating under paragraph 1 of this Article shall, in order to meet

its basic domestic needs, be entitled to delay for ten years its

compliance with the control measures adopted by the Second

Meeting of the Parties in London, 29 June 1990, and reference by

the Protocol to Articles 2A and 2B shall be read accordingly;

Article 5

(b) With respect to the controlled substances in Annex B, a Party

operating under paragraph 1 of this Article shall, in order to meet

its basic domestic needs, be entitled to delay for ten years its

compliance with the control measures adopted by the Second

Meeting of the Parties in London, 29 June 1990, and reference by

the Protocol to Articles 2C to 2E shall be read accordingly.

ter.

Pursuant to paragraph 1

bis

above:

(a) Each Party operating under paragraph 1 of this Article shall

ensure that for the twelve-month period commencing on 1

January 2013, 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 average of its

calculated levels of consumption in 2009 and 2010. Each Party

operating under paragraph 1 of this Article shall ensure that for

the twelve-month period commencing on 1 January 2013 and

in each twelve-month period thereafter, its calculated level of

production of the controlled substances in Group I of Annex C

does not exceed, annually, the average of its calculated levels of

production in 2009 and 2010;

(b) Each Party operating under paragraph 1 of this Article shall

ensure that for the twelve-month period commencing on 1

January 2015, and in each twelve-month period thereafter, its

calculated level of consumption of the controlled substances in

Group I of Annex C does not exceed, annually, ninety per cent of

the average of its calculated levels of consumption in 2009 and

2010. Each such Party producing one or more of these substances

shall, for the same periods, ensure that its calculated level of

production of the controlled substances in Group I of Annex C

does not exceed, annually, ninety per cent of the average of its

calculated levels of production in 2009 and 2010;

ensure that for the twelve-month period commencing on 1

January 2020, and in each twelve-month period thereafter, its

calculated level of consumption of the controlled substances

in Group I of Annex C does not exceed, annually, sixty-ve per

cent of the average of its calculated levels of consumption in

2009 and 2010. Each such Party producing one or more of these

substances shall, for the same periods, ensure that its calculated

level of production of the controlled substances in Group I of

Annex C does not exceed, annually, sixty-ve per cent of the

average of its calculated levels of production in 2009 and 2010;

The Montreal Protocol

Article 5

(d) Each Party operating under paragraph 1 of this Article shall

ensure that for the twelve-month period commencing on 1

January 2025, and in each twelve-month period thereafter, its

calculated level of consumption of the controlled substances

in Group I of Annex C does not exceed, annually, thirty-two

point ve per cent of the average of its calculated levels of

consumption in 2009 and 2010. Each such Party producing

one or more of these substances shall, for the same periods,

ensure that its calculated level of production of the controlled

substances in Group I of Annex C does not exceed, annually,

thirty-two point ve per cent of the average of its calculated

levels of production in 2009 and 2010;

(e) Each Party operating under paragraph 1 of this Article shall

ensure that for the twelve-month period commencing on 1

January 2030, and in each twelve-month period thereafter, its

calculated level of consumption of the controlled substances

in Group I of Annex C does not exceed zero. Each such Party

producing one or more of these substances shall, for the same

periods, ensure that its calculated level of production of the

controlled substances in Group I of Annex C does not exceed

zero. 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.

However:

(i) Each such Party may exceed that limit on consumption

in any such twelve-month period so long as the sum of its

calculated levels of consumption over the ten-year period

from 1 January 2030 to 1 January 2040, divided by ten,

does not exceed two point ve per cent of the average of

its calculated levels of consumption in 2009 and 2010, and

provided that such consumption shall be restricted to:

a. the servicing of refrigeration and air-conditioning

equipment existing on 1 January 2030;

b. The servicing of re suppression and re protection

equipment existing on 1 January 2030;

c. Solvent applications in rocket engine manufacturing;

and

d. Topical medical aerosol applications for the

specialized treatment of burns.

Article 5

(ii) Each such Party may exceed that limit on production in

any such twelve-month period so long as the sum of its

calculated levels of production over the ten-year period

from 1 January 2030 to 1 January 2040, divided by ten,

does not exceed two point ve per cent of the average of

its calculated levels of production in 2009 and 2010, and

provided that such production shall be restricted to:

a. the servicing of refrigeration and air-conditioning

equipment existing on 1 January 2030;

b. The servicing of re suppression and re protection

equipment existing on 1 January 2030;

c. Solvent applications in rocket engine manufacturing;

and

d. Topical medical aerosol applications for the

specialized treatment of burns.

(f) Each Party operating under paragraph 1 of this Article shall

comply with Article 2G;

(g) With regard to the controlled substance contained in Annex E:

(i) As of 1 January 2002 each Party operating under paragraph

1 of this Article shall comply with the control measures

set out in paragraph 1 of Article 2H and, as the basis for

its compliance with these control measures, it shall use

the average of its annual calculated level of consumption

and production, respectively, for the period of 1995 to 1998

inclusive;

(ii) Each Party operating under paragraph 1 of this Article shall

ensure that for the twelve-month period commencing on 1

January 2005, and in each twelve-month period thereafter,

its calculated levels of consumption and production of the

controlled substance in Annex E do not exceed, annually,

eighty per cent of the average of its annual calculated levels

of consumption and production, respectively, for the period

of 1995 to 1998 inclusive;

(iii) Each Party operating under paragraph 1 of this Article shall

ensure that for the twelve-month period commencing on 1

January 2015 and in each twelve-month period thereafter,

The Montreal Protocol

Article 5

its calculated levels of consumption and production of the

controlled substance in Annex E do not exceed zero. This

paragraph will apply save to the extent that the Parties

decide to permit the level of production or consumption

that is necessary to satisfy uses agreed by them to be

critical uses;

(iv) The calculated levels of consumption and production under

this subparagraph shall not include the amounts used by

the Party for quarantine and pre-shipment applications.

qua

(a) Each Party operating under paragraph 1 of this Article, subject

to any adjustments made to the control measures in Article 2J

in accordance with paragraph 9 of Article 2, shall be entitled

to delay its compliance with the control measures set out

in subparagraphs (a) to (e) of paragraph 1 of Article 2J and

subparagraphs (a) to (e) of paragraph 3 of Article 2J and modify

those measures as follows:

(i) 2024 to 2028: 100 per cent

(ii) 2029 to 2034: 90 per cent

(iii) 2035 to 2039: 70 per cent

(iv) 2040 to 2044: 50 per cent

(v) 2045 and thereafter: 20 per cent

(b) Notwithstanding subparagraph (a) above, the Parties may

decide that a Party operating under paragraph 1 of this Article,

subject to any adjustments made to the control measures in

Article 2J in accordance with paragraph 9 of Article 2, shall be

entitled to delay its compliance with the control measures set

out in subparagraphs (a) to (e) of paragraph 1 of Article 2J and

subparagraphs (a) to (e) of paragraph 3 of Article 2J and modify

those measures as follows:

(i) 2028 to 2031: 100 per cent

(ii) 2032 to 2036: 90 per cent

(iii) 2037 to 2041: 80 per cent

(iv) 2042 to 2046: 70 per cent

(v) 2047 and thereafter: 15 per cent

Article 5

purposes of calculating its consumption baseline under Article

2J, shall be entitled to use the average of its calculated levels

of consumption of Annex F controlled substances for the years

2020, 2021 and 2022, plus sixty-ve per cent of its baseline

consumption of Annex C, Group I, controlled substances as set

out in paragraph 8

ter

of this Article.

(d) Notwithstanding subparagraph (c) above, the Parties may

decide that a Party operating under paragraph 1 of this Article,

for the purposes of calculating its consumption baseline under

Article 2J, shall be entitled to use the average of its calculated

levels of consumption of Annex F controlled substances for the

years 2024, 2025 and 2026, plus sixty-ve per cent of its baseline

consumption of Annex C, Group I, controlled substances as set

out in paragraph 8

ter

of this Article.

(e) Each Party operating under paragraph 1 of this Article and

producing the controlled substances in Annex F, for the purposes

of calculating its production baseline under Article 2J, shall be

entitled to use the average of its calculated levels of production

of Annex F controlled substances for the years 2020, 2021 and

2022, plus sixty-ve per cent of its baseline production of Annex

C, Group I, controlled substances as set out in paragraph 8

ter

this Article.

(f) Notwithstanding subparagraph (e) above, the Parties may

decide that a Party operating under paragraph 1 of this Article

and producing the controlled substances in Annex F, for the

purposes of calculating its production baseline under Article

2J, shall be entitled to use the average of its calculated levels

of production of Annex F controlled substances for the years

2024, 2025 and 2026, plus sixty-ve per cent of its baseline

production of Annex C, Group I, controlled substances as set out

in paragraph 8

ter

of this Article.

(g) Subparagraphs (a) to (f) of this paragraph will apply to calculated

levels of production and consumption save to the extent that a

high-ambient-temperature exemption applies based on criteria

decided by the Parties.

9. Decisions of the Parties referred to in paragraph 4, 6 and 7 of this

Article shall be taken according to the same procedure applied to

decision-making under Article 10.

The Montreal Protocol

Article 6-7

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 2J

on the basis of available scientic, environmental, technical and economic

information. At least one year before each assessment, the Parties shall

convene appropriate panels of experts qualied in the elds 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 Annex B and Groups I and II of Annex C for the year 1989;

– in Annex E, for the year 1991,

– in Annex F, for the years 2011 to 2013, except that Parties

operating under paragraph 1 of Article 5 shall provide such data

for the years 2020 to 2022, but those Parties operating under

paragraph 1 of Article 5 to which subparagraphs (d) and (f) of

paragraph 8

qua

of Article 5 applies shall provide such data for

the years 2024 to 2026;

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, E and F respectively enter into force for that Party.

3. Each Party shall provide to the Secretariat statistical data on its

annual production (as dened in paragraph 5 of Article 1) of each

of the controlled substances listed in Annexes A, B, C, E and F and,

separately, for each substance,

Article 7-8

– 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, E and F respectively entered into force for that

Party and for each year thereafter. Each Party shall provide to the

Secretariat statistical data on the annual amount of the controlled

substance listed in Annex E used for quarantine and pre-shipment

applications. Data shall be forwarded not later than nine months

after the end of the year to which the data relate.

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.

ter

. Each Party shall provide to the Secretariat statistical data on its

annual emissions of Annex F, Group II, controlled substances per

facility in accordance with paragraph 1 (d) of Article 3 of the Protocol.

4. For Parties operating under the provisions of paragraph 8 (a) of

Article 2, the requirements in paragraphs 1, 2, 3 and 3

s of this

Article in respect of statistical data on production, imports and

exports shall be satised if the regional economic integration

organization concerned provides data on production, imports and

exports between the organization and States that are not members

of that organization.

Article 8: Non-compliance

The Parties, at their rst 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.

The Montreal Protocol

Article 9-10

Article 9: Research, development, public awareness and

exchange of information

1. The Parties shall co-operate, consistent with their national laws,

regulations and practices and taking into account in particular the

needs of developing countries, in promoting, directly or through

competent international bodies, research, development and

exchange of information on:

(a) best technologies for improving the containment, recovery,

recycling, or destruction of controlled substances or otherwise

reducing their emissions;

(b) possible alternatives to controlled substances, to products

containing such substances, and to products manufactured

with them; and

2. The Parties, individually, jointly or through competent international

bodies, shall co-operate 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

nancial and technical co-operation, 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, Article 2I and Article 2J, and any control

measures in Articles 2F to 2H that are decided pursuant to paragraph

bis

of Article 5 of the Protocol. The mechanism, contributions to

which shall be additional to other nancial 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.

Where a Party operating under paragraph 1 of Article 5 chooses to

Article 10

avail itself of funding from any other nancial mechanism that could

result in meeting any part of its agreed incremental costs, that part

shall not be met by the nancial mechanism under Article 10 of this

Protocol.

2. The mechanism established under paragraph 1 shall include a

Multilateral Fund. It may also include other means of multilateral,

regional and bilateral co-operation.

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 specic studies and other technical co-

operation, to identify their needs for co-operation;

(ii) Facilitate technical co-operation to meet these identied

needs;

(iii) Distribute, as provided for in Article 9, information and

relevant materials, and hold workshops, training sessions,

and other related activities, for the benet 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;

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 specic 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, specied in its terms of reference as

agreed by the Parties, with the co-operation 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

The Montreal Protocol

Article 10

depending on their respective areas of expertise. The members of

the Executive Committee, which shall be selected on the basis of a

balanced representation of the Parties operating under paragraph 1

of Article 5 and of the Parties not so operating, shall be endorsed by

the Parties.

6. The Multilateral Fund shall be nanced 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 specied

by decision of the Parties, be considered as a contribution to the

Multilateral Fund, provided that such co-operation, as a minimum:

(a) Strictly relates to compliance with the provisions of this Protocol;

(b) Provides additional resources; and

7. The Parties shall decide upon the programme budget of the

Multilateral Fund for each scal 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 beneciary 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 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 the Parties not so

operating present and voting.

10. The nancial mechanism set out in this Article is without prejudice

to any future arrangements that may be developed with respect to

other environmental issues.

Article 10A-11

Article 10A: Transfer of technology

Each Party shall take every practicable step, consistent with the programmes

supported by the nancial 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 the transfers referred to in subparagraph (a) occur under

fair and most favourable conditions.

Article 11: Meetings of the Parties

1. The Parties shall hold meetings at regular intervals. The Secretariat

shall convene the rst 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 rst meeting, shall:

(a) adopt by consensus rules of procedure for their meetings;

(b) adopt by consensus the nancial rules referred to in paragraph

2 of Article 13;

referred to in Article 6;

(d) consider and approve the procedures and institutional

mechanisms specied in Article 8; and

(e) begin preparation of workplans pursuant to paragraph 3 of

Article 10.

[The Article 10 in question is that of the original Protocol adopted in 1987.]

The Montreal Protocol

Article 11

4. The functions of the meetings 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;

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

paragraph 2 of Article 10;

(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, qualied in elds 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 12-14

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;

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 such assistance;

(e) encourage non-Parties to attend the meetings of the Parties as

observers and to act in accordance with the provisions of this

Protocol;

(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 rst meeting, shall adopt by consensus nancial

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.

The Montreal Protocol

Article 15-17

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 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 ratication, 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 fullled. In the event that these conditions

have not been fullled by that date, the Protocol shall enter into force

on the ninetieth day following the date on which the conditions have

been fullled.

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

ratication, 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 full forthwith the sum of the obligations under Article 2, as well as

under Articles 2A to 2J 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 18-20

Article 18: Reservations

No reservations may be made to this Protocol.

Article 19: Withdrawal

Any Party may withdraw from this Protocol by giving written notication

to the Depositary at any time after four years of assuming the obligations

specied 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 specied in the notication of the withdrawal.

Article 20: Authentic texts

The original of this Protocol, of which the Arabic, Chinese, English, French,

Russian and Spanish texts are equally authentic, shall be deposited with the

Secretary-General of the United Nations.

IN WITNESS WHEREOF the undersigned, being duly

authorized to that effect, have signed this protocol.

DONE at Montreal this sixteenth day of September,

one thousand nine hundred and eighty seven.

The Montreal Protocol

The Montreal

Protocol:

Annexes

Annex A

Group Substance

Ozone-Depleting

Potential*

100-Year

Global Warming

Potential

Group I

CFCl

(CFC‑11) 1.0 4,750

(CFC‑12) 1.0 10,900

(CFC‑113) 0.8 6,130

(CFC‑114) 1.0 10,000

Cl (CFC‑115) 0.6 7,370

Group II

BrCl (halon‑1211) 3.0

Br (halon‑1301) 10.0

(halon‑2402) 6.0

* These ozone depleting potentials are estimates based on existing knowledge and will be

reviewed and revised periodically.

Annex A: Controlled substances

The Montreal Protocol

Annex B

Annex B: Controlled substances

Group Substance Ozone-Depleting Potential

Group I

(CFC‑13) 1.0

FCl

(CFC‑111) 1.0

(CFC‑112) 1.0

FCl

(CFC‑211) 1.0

(CFC‑212) 1.0

(CFC‑213) 1.0

(CFC‑214) 1.0

(CFC‑215) 1.0

(CFC‑216) 1.0

(CFC‑217) 1.0

Group II

CCl

carbon tetrachloride 1.1

Group III

* 1,1,1‑trichloroethane*

(methyl chloroform)

0.1

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

Annex C

Group Substance

No. of

isomers

Ozone-

Depleting

Potential*

100-Year

Global

Warming

Potential***

Group I

CHFCl

(HCFC‑21)** 1 0.04 151

CHF

Cl (HCFC‑22)** 1 0.055 1810

FCl (HCFC‑31) 1 0.02

HFCl

(HCFC‑121) 2 0.01–0.04

(HCFC‑122) 3 0.02–0.08

(HCFC‑123) 3 0.02–0.06 77

CHCl

(HCFC‑123)** – 0.02

Cl (HCFC‑124) 2 0.02–0.04 609

CHFClCF

(HCFC‑124)** – 0.022

FCl

(HCFC‑131) 3 0.007–0.05

(HCFC‑132) 4 0.008–0.05

Cl (HCFC‑133) 3 0.02–0.06

FCl

(HCFC‑141) 3 0.005–0.07

CFCl

(HCFC‑141b)** – 0.11 725

Cl (HCFC‑142) 3 0.008–0.07

Cl (HCFC‑142b)** – 0.065 2310

FCl (HCFC‑151) 2 0.003–0.005

HFCl

(HCFC‑221) 5 0.015–0.07

(HCFC‑222) 9 0.01–0.09

(HCFC‑223) 12 0.01–0.08

(HCFC‑224) 12 0.01–0.09

(HCFC‑225) 9 0.02–0.07

CHCl

(HCFC‑225ca)** – 0.025 122

ClCF

CHClF (HCFC‑225cb)** – 0.033 595

Cl (HCFC‑226) 5 0.02–0.10

FCl

(HCFC‑231) 9

0.05–0.09

Annex C: Controlled substances

The Montreal Protocol

Annex C

(HCFC‑232) 16

0.008–0.10

(HCFC‑233) 18 0.007–0.23

(HCFC‑234) 16 0.01–0.28

Cl (HCFC‑235) 9 0.03–0.52

FCl

(HCFC‑241) 12 0.004–0.09

(HCFC‑242) 18 0.005–0.13

(HCFC‑243) 18 0.007–0.12

Cl (HCFC‑244) 12 0.009–0.14

FCl

(HCFC‑251) 12 0.001–0.01

(HCFC‑252) 16 0.005–0.04

Cl (HCFC‑253) 12 0.003–0.03

FCl

(HCFC‑261) 9 0.002–0.02

Cl (HCFC‑262) 9 0.002–0.02

FCl (HCFC‑271) 5 0.001–0.03

Group II

CHFBr

1 1.00

CHF

Br (HBFC‑22B1) 1 0.74

FBr 1 0.73

HFBr

2 0.3–0.8

3 0.5–1.8

3 0.4–1.6

Br 2 0.7–1.2

FBr

3 0.1–1.1

4 0.2–1.5

Br 3 0.7–1.6

FBr

3 0.1–1.7

Br 3 0.2–1.1

FBr 2 0.07–0.1

HFBr

5 0.3–1.5

9 0.2–1.9

Annex C

12 0.3–1.8

12 0.5–2.2

9 0.9–2.0

Br 5 0.7–3.3

FBr

9 0.1–1.9

16 0.2–2.1

18 0.2–5.6

16 0.3–7.5

Br 8 0.9–1.4

FBr

12 0.08–1.9

18 0.1–3.1

18 0.1–2.5

Br 12 0.3–4.4

FBr

12 0.03–0.3

16 0.1–1.0

Br 12 0.07–0.8

FBr

9 0.04–0.4

Br 9 0.07–0.8

FBr 5 0.02–0.7

Group III

BrCl

bromochloromethane

1 0.12

* 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.

** IdentiesthemostcommerciallyviablesubstanceswithODPvalueslistedagainstthemto

be used for the purposes of the Protocol.

*** For substances for which no GWP is indicated, the default value 0 applies until a GWP value

is included by means of the procedure foreseen in paragraph 9 (a) (ii) of Article 2.

The Montreal Protocol

Annex D

Annex D:* A list of products** containing controlled

substances specied in Annex A

Products Customs code No.

1. Automobile and truck air conditioning units

(whether incorporated in vehicles or not)

...................

2. Domestic and commercial refrigeration and air

conditioning/heat pump equipment***

...................

e.g. Refrigerators ...................

Freezers ...................

Dehumidiers ...................

Water coolers ...................

Ice machines ...................

Air conditioning and heat pump units ...................

3. Aerosol products, except medical aerosols ...................

4. Portablereextinguisher ...................

5. Insulation boards, panels and pipe covers ...................

6. Pre‑polymers ...................

* This Annex was adopted by the Third Meeting of the Parties in Nairobi, 21 June 1991 as

required by paragraph 3 of Article 4 of the Protocol.

** Though not when transported in consignments of personal or household effects or in

similar non‑commercial situations normally exempted from customs attention.

*** When containing controlled substances in Annex A as a refrigerant and/or in insulating

material of the product.

Annex E-F

Annex E: Controlled substance

Group Substance Ozone-Depleting Potential

Group I

Br methyl bromide 0.6

Annex F: Controlled substances

Group Substance

100-Year Global

Warming Potential

Group I

CHF

HFC‑134 1,100

FCF

HFC‑134a 1,430

FCHF

HFC‑143 353

CHF

HFC‑245fa 1,030

HFC‑365mfc 794

CHFCF

HFC‑227ea 3,220

FCF

HFC‑236cb 1,340

CHF

CHFCF

HFC‑236ea 1,370

HFC‑236fa 9,810

FCF

CHF

HFC‑245ca 693

CHFCHFCF

HFC‑43‑10mee 1,640

HFC‑32 675

CHF

HFC‑125 3,500

HFC‑143a 4,470

F HFC‑41 92

FCH

F HFC‑152 53

CHF

HFC‑152a 124

Group II

CHF

HFC‑23 14,800