Montreal Protocol

Montreal Protocol

 

Article 1: Definitions

For the purposes of this Protocol:

1. “Convention”means the Vienna Convention for the Protection of the Ozone
Layer, adopted on 22 March 1985.

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

3. “Secretariat”means the secretariat of the Convention.

4. “Controlled substance”means a substance listed in Annex A, Annex B,
Annex C or Annex E to this Protocol, whether existing alone or in a
mixture. It includes the isomers of any such substance, except as specified
in the relevant Annex, but excludes any controlled substance or mixture
which is in a manufactured product other than a container used for the
transportation or storage of that substance.

5. “Production”means the amount of controlled substances produced minus
the amount destroyed by technologies to be approved by the Parties and
minus the amount entirely used as feedstock in the manufacture of other
chemicals. The amount recycled and reused is not to be considered as
“production”.

6. “Consumption”means production plus imports minus exports of controlled
substances.

7. “Calculated levels”of production, imports, exports and consumption
means levels determined in accordance with Article 3.

8. “Industrial rationalization”means the transfer of all or a portion of
the calculated level of production of one Party to another, for the purpose
of achieving economic efficiencies or responding to anticipated shortfalls
in supply as a result of plant closures.

Article 2: Control Measures

1. Each Party shall ensure that for the twelve-month period commencing on
the first day of the seventh month following the date of the entry into
force of this Protocol, and in each twelve-month period thereafter, its
calculated level of consumption of the controlled substances in Group I of
Annex A does not exceed its calculated level of consumption in 1986. By the
end of the same period, each Party producing one or more of these
substances shall ensure that its calculated level of production of the
substances does not exceed its calculated level of production in 1986,
except that such level may have increased by no more than ten per cent
based on the 1986 level. Such increase shall be permitted only so as to
satisfy the basic domestic needs of the Parties operating under Article 5
and for the purposes of industrial rationalization between Parties.

2. Each Party shall ensure that for the twelve-month period commencing on
the first day of the thirty-seventh month following the date of the entry
into force of this Protocol, and in each twelve month period thereafter,
its calculated level of consumption of the controlled substances listed in
Group II of Annex A does not exceed its calculated level of consumption in
1986. Each Party producing one or more of these substances shall ensure
that its calculated level of production of the substances does not exceed
its calculated level of production in 1986, except that such level may have
increased by no more than ten per cent based on the 1986 level. Such
increase shall be permitted only so as to satisfy the basic domestic needs
of the Parties operating under Article 5 and for the purposes of industrial
rationalization between Parties. The mechanisms for implementing these
measures shall be decided by the Parties at their first meeting following
the first scientific review.

3. Each Party shall ensure that for the period I July 1993 to 30 June 1994
and in each twelve-month period thereafter, its calculated level of
consumption of the controlled substances in Group I of Annex A does not
exceed, annually, eighty percent of its calculated level of consumption in
1986. Each Party producing one or more of these substances shall, for the
same periods, ensure that its calculated level of production of the
substances does not exceed, annually, eighty per cent of its calculated
level of production in 1986. However, in order to satisfy the basic
domestic needs of the Parties operating under Article 5 and for the
purposes of industrial rationalization between Parties, its calculated
level of production may exceed that limit by up to ten per cent of its
calculated level of production in 1986.

4. Each Party shall ensure that for the period 1 July 1998 to 30 June 1999,
and in each twelve-month period thereafter, its calculated level of
consumption of the controlled substances in Group I of Annex A does not
exceed, annually, fifty per cent of its calculated level of consumption in
1986. Each Party producing one or more of these substances shall, for the
same periods, ensure that its calculated level of production of the
substances does not exceed, annually, fifty per cent of its calculated
level of production in 1986. However, in order to satisfy the basic
domestic needs of the Parties operating under Article 5 and for the
purposes of industrial rationalization between Parties, its calculated
level of production may exceed that limit by up to fifteen per cent of its
calculated level of production in 1986. This paragraph will apply unless
the Parties decide otherwise at a meeting by a two-thirds majority of
Parties present and voting, representing at least two-thirds of the total
calculated level of consumption of these substances of the Parties. This
decision shall be considered and made in the light of the assessments
referred to in Article 6.

5. Any Party may, for any one or more control periods, transfer to another
Party any portion of its calculated level of production set out in Articles
2A to 2E and Article 2H, provided that the total combined calculated levels
of production of the Parties concerned for any group of controlled
substances do not exceed the production limits set out in those Articles
for that group. Such transfer of production shall be notified to the
Secretariat by each of the Parties concerned, stating the terms of such
transfer and the period for which it is to apply.

5 bis. Any Party not operating under paragraph 1 of Article 5 may, for one
or more control periods, transfer to another such Party any portion of its
calculated level of consumption set out in Article 2F, provided that the
calculated level of consumption of controlled substances in Group I of
Annex A of the Party transferring the portion of its calculated level of
consumption did not exceed 0.25 kilograms per capita in 1989 and that the
total combined calculated levels of consumption of the Parties concerned do
not exceed the consumption limits set out in Article 2F. Such transfer of
consumption shall be notified to the Secretariat by each of the Parties
concerned, stating the terms of such transfer and the period for which it
is to apply.

6. Any Party not operating under Article 5, that has facilities for the
production of Annex A or Annex B controlled substances under construction,
or contracted for, prior to 16 September 1987, and provided for in national
legislation prior to 1 January 1987, may add the production from such
facilities to its 1986 production of such substances for the purposes of
determining its calculated level of production for 1986, provided that such
facilities are completed by 31 December 1990 and that such production does
not raise that Party’s annual calculated level of consumption of the
controlled substances above 0.5 kilograms per capita.

7. Any transfer of production pursuant to paragraph 5 or any addition to
production pursuant to paragraph 6 shall be notified to the secretariat, no
later than the time of the transfer or addition.

8. (a) Any Parties which are Member States of a regional economic
integration organization as defined in Article 1(6) of the Convention
may agree that they shall jointly fulfill their obligations
respecting consumption under this Article and Articles 2A to 2H
provided that their total combined calculated level of consumption
does not exceed the levels required by this Article and Articles 2A
to 2H.
(b) The Parties to any such agreement shall inform the secretariat of the
terms of the agreement before the date of the reduction in
consumption with which the agreement is concerned.
(c) Such agreement will become operative only if all Member States of the
regional economic integration organization and the organization
concerned are Parties to the Protocol and have notified the
secretariat of their manner of implementation.

9. (a) Based on the assessments made pursuant to Article 6, the Parties
may decide whether:
(i) Adjustments to the ozone depleting potentials specified in Annex
A, Annex B, Annex C and/or Annex E should be made, and, if so, what
the adjustments should be; and
(ii) Further adjustments and reductions of production or consumption
of the controlled substances should be undertaken and, if so, what
the scope, amount and timing of any such adjustments and reductions
should be;
(b) Proposals for such adjustments shall be communicated to the Parties
by the secretariat at least six months before the meeting of the
Parties at which they are proposed for adoption;
(c) In taking such decisions, the Parties shall make every effort to
reach agreement by consensus. If all efforts at consensus have been
exhausted, and no agreement reached, such decisions shall, as a last
resort, be adopted by a two-thirds majority vote of the Parties
present and voting representing a majority of the Parties operating
under paragraph 1 of Article 5 present and voting and a majority of
Parties not so operating present and voting.
(d) The decisions, which shall be binding on all Parties, shall forthwith
be communicated to the Parties by the Depositary. Unless otherwise
provided in the decisions, they shall enter into force on the expiry
of six months from the date of the circulation of the communication
by the Depositary.

10. Based on the assessments made pursuant to Article 6 of this Protocol
and in accordance with the procedure set out in Article 9 of the
Convention, the Parties may decide:
(i) Whether any substances, and if so which, should be added to or
removed from any annex to this Protocol; and
(ii) The mechanism, scope and timing of the control measures that
should apply to those substances.

11. Notwithstanding the provisions contained in this Article and Articles
2A to 2H, Parties may take more stringent measures than those required by
this Article and Articles 2A to 2H.

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

Atmosphere and Space conventions, Conventions: Chronological Index 1971-1990, Environment and Wildlife conventions, International Environment resources, International Environment, Biodiversity and Climate resources, International law topics, Kyoto Protocol to the Convention on Climate Change 2, Kyoto Protocol to the Convention on Climate Change, Montreal Protocol 2, Montreal Protocol 3, Montreal Protocol 4, Montreal Protocol 5, Montreal Protocol 6, Montreal Protocol 7, Montreal Protocol 8, Montreal Protocol 9.

Montreal Protocol and the GATT Policy Negotiations

In relation to the GATT Policy Negotiations, Christopher Mark (1993) provided the following explanation and/or definition of Montreal Protocol: Full title is the Montreal Protocol on Substances That Deplete the Ozone Layer. Signed in 1987, the Montreal Protocol was the first major international agreement to establishenvironmental trade measures. Under the Protocol, trade with non-signatory countries of products containing chlorofluorocarbons (CFCs) –principally used in refrigerators and air conditioners –and fire-extinguishing halons is to be limited or banned. The Protocol also discouraged relocation of CFC plants to non-signatory countries. As of September 1993,94 industrial countries and LDCs were parties to the Protocol.

Montreal Protocol (in the Human Development Area)

In this context, Montreal Protocol means:

full name – The Montreal Protocol on Substances That Deplete the Ozone Layer is an international treaty designed to protect the ozone layer by phasing out the production of numerous substances believed to be responsible for ozone depletion. The treaty was opened for signature on September 16, 1987, and entered into force on January 1, 1989, followed by a first meeting in Helsinki, May 1989. Since then, it has undergone seven revisions, in 1990 (London), 1991 (Nairobi), 1992 (Copenhagen), 1993 (Bangkok), 1995 (Vienna), 1997 (Montreal), and 1999 (Beijing).


Posted

in

, , ,

by

Comments

Leave a Reply

Your email address will not be published. Required fields are marked *