Montreal Protocol 5

Montreal Protocol

Article 2G: Hydrobromofluorocarbons

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

Article 2H: Methyl Bromide

Each Party shall ensure that for the twelve-month period commencing on 1
January 1995, and in each twelve-month period thereafter, its calculated
level of consumption of the controlled substance in Annex E does not
exceed, annually, its calculated level of consumption in 1991. Each Party
producing the substance shall, for the same periods, ensure that its
calculated level of production of the substance does not exceed, annually,
its calculated level of production in 1991. However, in order to satisfy
the basic domestic needs of the Parties operating under paragraph 1 of
Article 5, its calculated level of production may exceed that limit by up
to ten per cent of its calculated level of production in 1991. The
calculated levels of consumption and production under this Article shall
not include the amounts used by the Party for quarantine and pre-shipment
applications.

Article 3: Calculation of Control Levels

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

(a) Production by:

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

 

Article 4: Control of Trade with Non-Parties

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

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

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

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

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

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

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

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

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

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

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

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

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

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

7. Paragraphs 5 and 6 shall not apply to products, equipment, plants or
technology that improve the containment, recovery, recycling, or
destruction of controlled substances in Annexes A and B and Group II of
Annex C, promote the development of alternative substances, or otherwise
contribute to the reduction of emissions of controlled substances in
Annexes A and B and Group II of Annex C.

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

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

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

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

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