Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698939683451.pdf (New Zealand)
Ozone Layer Protection Act 1996 Public Act Date of assent 1996 No 40 24 June 1996 Contents Title Short Title and commencement Part 1 Preliminary Interpretation Act to bind the Crown Purpose of Act Application of Act Part 2 Controls in respect of ozone depleting substances Prohibitions Prohibitions in respect of ozone depleting substances Customs and Excise Act 1996 to apply to prohibited exports Exemptions Exemptions Consideration of application for exemption Codes of practice Codes of practice Accreditation 11 12 Accreditation of persons handling ozone depleting substances Industry may be required to prepare draft accreditation schemes 13 Offences Offences and penalties Note This Act is administered in the Ministry for the Environment Page 3 3 3 4 4 5 5 6 6 6 7 8 8 9 1 Ozone Layer Protection Act 1996 Reprinted as at 3 September 2007 Defence for release of ozone depleting substance Penalties Part 3 Regulations Regulations Consultation requirements before regulations made Additional requirement before regulations made Manufacture of goods not to be prohibited unless importation also prohibited Updating text of Convention, etc Part 4 Enforcement Purpose for which powers may be exercised Power of inspection Search warrants Seizure by Customs ofﬁcers Retention of property seized Return or forfeiture of property seized Part 5 Miscellaneous provisions Review of reduction timetables Other Acts not affected Protection of ofﬁcers and others Annual report Repeals and revocations Transitional provision relating to consultation on ﬁrst regulations Savings Schedule Reprinted as at 3 September 2007 Ozone Layer Protection Act 1996 Part 1 s 2 Annex I Research and Systematic Observations Annex II Information exchange Schedule 2 Enactments repealed Schedule 3 Regulation and orders revoked 34 40 42 42 An Act to help protect human health and the environment against adverse effects resulting or likely to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 and to implement in New Zealand the Vienna Convention for the Protection of the Ozone Layer and the Montreal Protocol on Substances that Deplete the Ozone Layer BE IT ENACTED by the Parliament of New Zealand as follows: 1 (1) (2) 2 (1) Short Title and commencement This Act may be cited as the Ozone Layer Protection Act 1996.
This Act shall come into force on a date to be appointed by the Governor­General by Order in Council.
Part 1 Preliminary Interpretation In this Act, unless the context otherwise requires,— Code of practice means any code that has been approved by the Minister for the Environment under section 10 of this Act Controlled substance means any substance deﬁned as such in any regulations made under this Act Convention means the Vienna Convention for the Protection of the Ozone Layer (a copy of the English text of which is set out in Schedule 1 to this Act), and includes any amend­ 3 Part 1 s 3 Ozone Layer Protection Act 1996 Reprinted as at 3 September 2007 ments to, or substitutions of, that Convention that are, or will become, binding on New Zealand from time to time Offence against this Act includes any offence against any regulations made under this Act Ofﬁcer means— (a) Any person employed in the service of the Ministry of Economic Development and designated as an ofﬁcer for the purpose of this Act; and (b) Any Customs ofﬁcer: Ofﬁcer: paragraph (a) was amended, as from 7 September 2000, by section 8(1) Ministry of Economic Development Act 2000 (2000 No 28) by substituting the words “Ministry of Economic Development” for the words “Ministry of Commerce”.
Ozone depleting substance and substance means— (a) (b) Any other substance that has an ozone depletion poten­ Any controlled substance; or tial of 0.01 or greater: Prescribed means prescribed by regulations made under this Act Protocol means the Montreal Protocol on Substances that De­ plete the Ozone Layer, and includes any amendments to, or substitutions of, that Protocol that are, or will become, bind­ ing on New Zealand from time to time.
Terms and expressions used and not deﬁned in this Act or in regulations made under this Act but deﬁned in the Convention or the Protocol shall, unless the context otherwise requires, have the same meaning as in the Convention or the Protocol.

Act to bind the Crown This Act binds the Crown.
Purpose of Act The purpose of this Act is to— (a) Help protect human health and the environment from adverse effects resulting or likely to result from human activities which modify or are likely to modify the ozone layer: Phase out ozone depleting substances as soon as pos­ sible except for essential uses: (b) (2) 3 4 (1) 4 Reprinted as at 3 September 2007 Ozone Layer Protection Act 1996 Part 2 s 6 (2) 5 6 (1) (2) (3) (4) (c) Give effect to New Zealand’s obligations under the Convention and the Protocol.
Every person exercising any power or discretion under this Act shall act in a manner consistent with that purpose.
Compare: 1990 No 50 s 4 Ozone depleting substances; and Application of Act This Act applies to— (a) (b) Goods that contain any ozone depleting substance; and Goods that are designed to use any ozone depleting sub­ (c) stance; and (d) Goods that are manufactured, processed, or grown us­ ing any ozone depleting substance,— as those terms are deﬁned in this Act or in regulations made under Part 3 of this Act.
Part 2 Controls in respect of ozone depleting substances Prohibitions Prohibitions in respect of ozone depleting substances It is unlawful to import into New Zealand substances or goods the importation of which is prohibited by regulations made under Part 3 of this Act.

It is unlawful to export substances or goods the exportation of which is prohibited by regulations made under Part 3 of this Act.
It is unlawful to manufacture in New Zealand substances or goods the manufacture of which is prohibited by regulations made under Part 3 of this Act.

It is unlawful to sell in New Zealand substances or goods the sale of which is prohibited by regulations made under Part 3 of this Act.

5 Part 2 s 7 Ozone Layer Protection Act 1996 Reprinted as at 3 September 2007 (5) 7 It is unlawful to use any substances or goods in New Zealand if that use is prohibited by regulations made under Part 3 of this Act.
Customs and Excise Act 1996 to apply to prohibited exports All the provisions of the Customs and Excise Act 1996 that apply with respect to prohibited exports (except the penalty for an offence against section 209(1)(b) of that Act) shall ap­ ply with respect to the export of any substances and goods in contravention of this Act, in all respects as if the export of those substances and goods were prohibited under Part 5 of the Customs and Excise Act 1996.
Compare: 1990 No 50 s 17B Exemptions 8 (1) Exemptions The Minister of Commerce may, at his or her discretion, grant an exemption from any prohibition on the importation, export­ ation, manufacture, sale, or use of any substance or goods, or other obligation, imposed by this Act or any regulations made under this Act.

(2) An exemption may be granted only in accordance with regu­ lations made under Part 3 of this Act.
Consideration of application for exemption The Minister of Commerce shall, in considering any applica­ tion for an exemption under this Part of this Act, have regard to— (a) The need to protect human health and the environment from adverse effects resulting or likely to result from human activities which modify or are likely to modify the ozone layer; and The need to phase out ozone depleting substances as soon as possible except for essential uses; and New Zealand’s obligations under the Convention and the Protocol; and (b) (c) 9 6 Reprinted as at 3 September 2007 Ozone Layer Protection Act 1996 Part 2 s 10 (d) The technology available and whether any alternative products have been developed that may be used instead of the ozone depleting substance concerned; and (e) Whether the applicant has complied with any code of practice that applies to the business of the applicant; and (f) Whether the applicant has committed an offence against this Act.
Compare: 1990 No 50 s 30 Codes of practice (b) 10 (1) Codes of practice The Minister for the Environment may, by notice in writing, require any person whose business is or includes— (a) The manufacture or use of any goods containing or de­ signed to use, or manufactured using, controlled sub­ stances; or The installing, operating, servicing, modifying, or dis­ mantling of any equipment containing or designed to use, or manufactured using, controlled substances; or (c) The supply or use of any controlled substance,— or any representative of such persons, to submit for approval a code of practice to be observed in the course of carrying on that business.
(2) Any such notice— (a) (c) (b) Shall require that the code of practice incorporate appro­ priate training programmes for persons in the business; and Shall set out any other matters to be incorporated in the code of practice, and any matters incidental thereto; and Shall advise the recipient of the offences prescribed by subsection (3) of this section and section 13 of this Act.
(3) Any person or representative who fails, within 6 months after the date on which any such notice is sent to the person, to sub­ mit for approval a code of practice complying with the notice, commits an offence, and is liable on summary conviction to a ﬁne not exceeding $1,000.
Compare: 1990 No 50 s 33 7 Part 2 s 11 Ozone Layer Protection Act 1996 Reprinted as at 3 September 2007 Accreditation 11 Accreditation of persons handling ozone depleting substances (1) Any person whose business is or includes— (a) (b) The installation, servicing, modifying, or dismantling of any equipment containing or designed to use, or manufactured using, any ozone depleting substance; or The direct handling of ozone depleting substances in­ volving a possible risk of release of those substances into the atmosphere,— may be required, by regulations made under section 16 of this Act, to be accredited.
The purpose of accreditation shall be to ensure that persons handling ozone depleting substances are aware of their obliga­ tions under this Act and have sufﬁcient knowledge to comply with those obligations.
(2) (3) Any person who is required to be accredited under this section commits an offence who, without being accredited,— (a) Installs, services, modiﬁes, or dismantles any equip­ ment containing or designed to use, or manufactured using, any ozone depleting substance; or (b) Otherwise directly handles ozone depleting substances in a way that involves a possible risk of release of those substances into the atmosphere,— and is liable on summary conviction to a ﬁne not exceeding $10,000.
Industry may be required to prepare draft accreditation schemes For the purpose of assisting with accreditation, the Minister for the Environment may, by notice in writing, require any business, or representative of any business, to submit a draft accreditation scheme incorporating— (a) (b) (c) (d) The class of persons that should be accredited; and The conditions for accreditation; and The system for granting accreditation; and Such other matters as the notice may specify.
12 (1) 8 Reprinted as at 3 September 2007 Ozone Layer Protection Act 1996 Part 2 s 14 (2) Any person who fails without reasonable excuse, within 6 months after the date on which any such notice is sent to the person, to submit a draft accreditation scheme, commits an offence, and is liable on summary conviction to a ﬁne not ex­ ceeding $1,000.
Offences and penalties 13 Offences Subject to any regulations made under this Act, every person commits an offence against this Act who— (a) Imports or exports any substances or goods in contra­ vention of this Act; or (b) Manufactures or uses any substances, or manufactures (c) (d) any goods, in contravention of this Act; or Knowingly, recklessly, or negligently sells any goods in contravention of this Act; or Fails without lawful justiﬁcation or excuse to comply with any term or condition of any import permit or ex­ emption; or (e) Makes a statement or produces a document knowing that it is false or misleading in a material particular for the purpose of— (i) (ii) Obtaining a permit or an exemption; or Importing or exporting any substances or goods in contravention of this Act; or (f) Knowingly or without lawful justiﬁcation or excuse releases a controlled substance into the atmosphere while— (i) Installing, operating, servicing, modifying, or dismantling any refrigeration or air­conditioning equipment or other heat­transfer medium; or Installing, servicing, modifying, or dismantling any ﬁre extinguisher.
(ii) Compare: 1990 No 50 s 34 14 Defence for release of ozone depleting substance Without limiting the circumstances in which a person may have a lawful justiﬁcation or excuse, a person is justiﬁed or ex­ 9 Part 2 s 15 Ozone Layer Protection Act 1996 Reprinted as at 3 September 2007 cused in releasing a controlled substance into the atmosphere in circumstances where— (a) The person is carrying out an action referred to in sub­ paragraph (i) or subparagraph (ii) of section 13(f) of this Act; and The release occurred during the connection or discon­ nection of equipment used to transfer controlled sub­ stances from one container to another container; and The release could not reasonably have been avoided.
(b) (c) Compare: 1990 No 50 s 34(5) Penalties Every person who commits an offence against paragraph (a) or paragraph (b) or paragraph (c) of section 13 of this Act is liable on summary conviction to a ﬁne not exceeding $200,000.

Every person who commits an offence against paragraph (d) or paragraph (e) of section 13 of this Act is liable on summary conviction to a ﬁne not exceeding $100,000.
Every person who commits an offence against paragraph (f) of section 13 of this Act is liable on summary conviction to a ﬁne not exceeding $10,000.
Compare: 1990 No 50 s 35 Part 3 Regulations Regulations Subject to sections 17 to 19 of this Act, the Governor­Gen­ eral may from time to time, by Order in Council made on the recommendation of the Minister for the Environment, make regulations for the purpose of— (a) Protecting human health and the environment from ad­ verse effects resulting or likely to result from human ac­ tivities which modify or are likely to modify the ozone layer: Phasing out ozone depleting substances as soon as pos­ sible except for essential uses: (b) 15 (1) (2) (3) 16 (1) 10 Reprinted as at 3 September 2007 Ozone Layer Protection Act 1996 Part 3 s 17 (c) Giving effect to New Zealand’s obligations under the Convention and the Protocol: (e) (d) Giving effect to the terms of any other international agreement relating to the protection of the ozone layer to which New Zealand is a party: Prescribing offences in respect of the contravention of or non­compliance with any provision of any regula­ tions made under this Act, and prescribing ﬁnes, not exceeding $5,000, that may, on summary conviction, be imposed in respect of any such offence: Providing for such other matters as are contemplated by or are necessary for giving full effect to this Act and its due administration.
(f) (2) A prohibition imposed under this section— (a) May be general; or (b) May be limited to substances or goods from a speciﬁed place or by or from a speciﬁed person or class of per­ sons; or (c) May, whether general or limited, be absolute or condi­ tional.

(3) A conditional prohibition may allow for anything to be done— Under the authority of a permit: (a) (b) On or subject to any terms and conditions as may be imposed by the person granting the permit or as may be prescribed.
Compare: 1988 No 157 s 3(2), (3) 17 (1) (2) Consultation requirements before regulations made The Minister for the Environment shall not recommend the making of any regulations under section 16 of this Act unless the Minister has taken all reasonably practical steps to consult with such persons, or representatives of such persons, who or which, in his or her opinion, may be affected by or may have an interest in the proposed subject­matter of the regulations.
The Minister may also publicise the proposal via the daily pub­ lic newspapers in the main centres or any other publications, or in any other manner, that the Minister considers appropri­ ate.
11 Part 3 s 18 Ozone Layer Protection Act 1996 Reprinted as at 3 September 2007 (3) The Minister shall give persons notiﬁed of any such proposal under subsection (1) or subsection (2) of this section such time and opportunity as the Minister considers adequate to com­ ment on the proposed subject­matter of the regulations.
(4) Any notiﬁcation of any proposal under subsection (1) or sub­ section (2) of this section shall— (a) Specify the proposed subject­matter of the regulations and any relevant supporting documentation, or advice on where this may be obtained; and Invite submissions from any person on the proposed regulations; and Specify the address to which submissions must be made, and the closing date for the receipt of submis­ sions.
(b) (c) (5) The Minister for the Environment shall have regard to all sub­ missions and other matters the Minister thinks ﬁt before mak­ ing a recommendation to the Governor­General.

(6) A failure to comply with this section shall not affect the valid­ ity of any regulations made under this Act.
18 Additional requirement before regulations made The Minister for the Environment shall not recommend the making of any regulations under section 16 of this Act unless the Minister is satisﬁed that, after making the proposed regula­ tions, New Zealand will be able to give effect to its obligations under the Convention and the Protocol.
Compare: 1990 No 50 s 53(2)(b) 19 Manufacture of goods not to be prohibited unless importation also prohibited No regulations shall be made under this Act prohibiting the manufacture in New Zealand of any goods unless, at the same time, regulations are made under this Act prohibiting the im­ portation of those goods.
Compare: 1990 No 50 s 24(3) 12 Reprinted as at 3 September 2007 Ozone Layer Protection Act 1996 Part 4 s 22 20 21 22 (1) Updating text of Convention, etc The Governor­General may from time to time, by Order in Council, make regulations— (a) Amending Schedule 1 to this Act by making such amendments to the text of the Convention as are re­ quired to bring that text up­to­date: Revoking Schedule 1 to this Act, and substituting a new Schedule setting out in an up­to­date form the text of the Convention: Setting out from time to time the up­to­date text of the Protocol.
Compare: 1990 No 50 s 53(1) (b) (c) Part 4 Enforcement Purpose for which powers may be exercised The powers conferred by this Part of this Act may be exercised to the extent reasonably necessary for the purpose of ensuring compliance with this Act and any regulations made under this Act.
Compare: 1990 No 50 s 36 Power of inspection If, in the opinion of any ofﬁcer, there are reasonable grounds for believing that any person has committed, or is committing, any offence against this Act, that ofﬁcer may require that per­ son to produce for inspection any substances or goods, or any books, documents, or other records, relating to the offence.
(2) Any ofﬁcer may inspect, and may make or cause to be made copies of, or extracts from, any books, documents, or other records produced in accordance with subsection (1) of this sec­ tion.

(3) Any ofﬁcer may inspect any substances or goods produced in accordance with subsection (1) of this section and, where the ofﬁcer has reasonable grounds to believe that the substances or goods may be evidence of an offence against this Act, may take or obtain samples of any such substances or goods.
13 Part 4 s 23 Ozone Layer Protection Act 1996 Reprinted as at 3 September 2007 (4) (5) Evidence of that person’s appointment as an ofﬁcer; and Evidence of that person’s identity.
Every ofﬁcer exercising any of the powers conferred under this section shall, at the time of exercising that power, and thereafter on request, produce— (a) (b) Every person commits an offence and is liable on summary conviction to a ﬁne not exceeding $2,000 who refuses or fails to comply with any requirement of an ofﬁcer under this sec­ tion.

(6) Nothing in this section shall limit or affect the privilege against self­incrimination.
Compare: 1990 No 50 s 37 Search warrants 23 (1) Any District Court Judge or Justice or Community Magistrate or any Registrar (not being a constable) who is satisﬁed, on application in writing made on oath, that there are reason­ able grounds for believing that there is in or on any premises any substances or goods, or any books, documents, or other records, which there are reasonable grounds to believe may be evidence of the commission of any offence against this Act, may issue a search warrant in the prescribed form.
Every search warrant shall be directed either to a member of the Police by name or to every member of the Police or to any ofﬁcer by name, but in any of those cases, the warrant may be executed by any member of the Police.

(2) (3) On issuing a warrant, the Judge, Justice, Community Magis­ trate, or Registrar may impose such reasonable conditions on its execution as he or she thinks ﬁt.
(5) (4) Any member of the Police or any ofﬁcer may call any person to assist him or her in the execution of a search warrant.
Every warrant shall, subject to any conditions imposed under subsection (3) of this section, authorise the member of the Po­ lice or the ofﬁcer who is executing it, and any person called by that member or ofﬁcer to assist,— (a) To enter the premises on one occasion within 14 days of the date of the issue of the warrant at any time that is reasonable in the circumstances; and 14 Reprinted as at 3 September 2007 Ozone Layer Protection Act 1996 Part 4 s 23 (b) (c) To use such force, both for making entry (either by breaking open doors or otherwise) and for breaking open anything on the premises, as is reasonable in the circumstances; and To search for and seize any substances or goods found on the premises, and any books, documents, or other records, which there are reasonable grounds to believe may be evidence of the commission of any offence against this Act.
(6) Any member of the Police or ofﬁcer who executes a search warrant shall carry the warrant with him or her, and shall pro­ duce it for inspection— (a) On ﬁrst entering the premises, to the person appearing to be in charge of the premises; and (b) Whenever subsequently required to do so on the premises, by any other person appearing to be in charge of the premises or any part of the premises.
(7) Where the occupier of the premises is not present at the time the search warrant is executed, the member of the Police or of­ ﬁcer shall leave in a prominent place on the premises a written statement of the time and date of the search, and of that mem­ ber’s name and the address of the Police station or other ofﬁce to which enquiries should be made.
(8) Where any substances or goods or books, documents, or other records are seized in execution of a search warrant, the mem­ ber of the Police or ofﬁcer executing the warrant shall leave in a prominent place on the premises or send to the occupier within 10 working days of the search a written inventory of all things so seized.

For the purposes of this section, premises means any premises, building, aircraft, ship, carriage, vehicle, box, receptacle, or place.
(9) (10) No warrant issued under this section shall authorise any per­ son executing it to enter or search any restricted area within a defence area unless that person has a security clearance ap­ proved by the person in charge of the area.

Compare: 1990 No 50 s 38 15 Part 4 s 24 Ozone Layer Protection Act 1996 Reprinted as at 3 September 2007 Subsection (1) was amended, as from 30 June 1998, by section 7 District Courts Amendment Act 1998 (1998 No 76), by inserting the words “or Community Magistrate”.
Subsection (3) was amended, as from 30 June 1998, by section 7 District Courts Amendment Act 1998 (1998 No 76), by inserting the words “Community Magistrate,”.

Seizure by Customs ofﬁcers Any Customs ofﬁcer who, in the course of exercising a power conferred on that ofﬁcer under the Customs and Excise Act 1996, ﬁnds any substance or goods that he or she believes on reasonable grounds have been imported in contravention of this Act, may seize that substance or goods.
Compare: 1990 No 50 s 40 Retention of property seized Subject to any regulations made under this Act relating to re­ turn of property seized, where any member of the Police seizes any substance or goods under this Act, it shall be retained by the Commissioner of Police pending the trial of the person in respect of the offence for which the substance or goods were seized.
Subject to any regulations made under this Act relating to re­ turn of property seized, where any ofﬁcer seizes any substance or goods under this Act, it shall be retained by the New Zealand Customs Service or the Ministry of Economic Development, as the case may be, pending the trial of the person in respect of the offence for which the substance or goods were seized.
Compare: 1990 No 50 s 41 Subsection (2) was amended, as from 7 September 2000, by section 8(1) Min­ istry of Economic Development Act 2000 (2000 No 28) by substituting the words “Economic Development” for the word “Commerce”.
Return or forfeiture of property seized If no proceedings are taken in respect of an offence within 12 months after the seizure of the substance or goods under this Act or, where proceedings are taken, no order of forfeiture is made under subsection (3) of this section, the substance or goods shall be returned to the person from whom they were seized.
24 25 (1) (2) 26 (1) 16 Reprinted as at 3 September 2007 Ozone Layer Protection Act 1996 Part 5 s 29 (2) If any person directly affected by the seizure of any substance or goods appeals and the appeal is successful, the substance or goods shall be returned to the person from whom they were seized.
(3) Where any person has been convicted of an offence against paragraph (a) or paragraph (b) or paragraph (c) or paragraph (d) of section 13 of this Act, the Court may, if it thinks ﬁt, order that any substance or goods in relation to which the offence was committed shall be forfeited to the Crown and disposed of as the Minister for the Environment directs.
Compare: 1990 No 50 s 42 Part 5 Miscellaneous provisions 27 28 29 Review of reduction timetables The Minister of Commerce and the Minister for the Environ­ ment shall undertake a review at least every 2 years to con­ sider whether the prescribed reduction timetables are appro­ priate given the technology available.
Compare: 1990 No 50 s 48 Other Acts not affected The provisions of this Act are in addition to, and not in substi­ tution for, the provisions of any other enactment relating to the importation, exportation, manufacture, sale, or use of any sub­ stances or goods, and nothing in this Act shall limit or other­ wise affect any such provisions.
Compare: 1990 No 50 s 50 Protection of ofﬁcers and others A person who does any act in pursuance or intended pursuance of any of the functions conferred on that person under this Act shall not be under any civil or criminal liability in respect thereof, whether on the ground of want of jurisdiction, or mis­ take of law or fact, or on any other ground, unless the person 17 Part 5 s 30 Ozone Layer Protection Act 1996 Reprinted as at 3 September 2007 has acted, or omitted to act, in bad faith or without reasonable cause.
Compare: 1990 No 50 s 51 Annual report The Minister of Commerce and the Minister for the Environ­ ment shall, as soon as practicable after the end of each year, prepare a report on the operation of this Act during that year.

The Minister of Commerce shall lay a copy of the report before the House of Representatives as soon as practicable thereafter.
Every such report shall, among other things, specify— (a) The details of any exemptions granted during the year under this Act; and Such other matters as may be prescribed.

(b) Compare: 1990 No 50 s 52 Repeals and revocations The enactments speciﬁed in Schedule 2 to this Act are hereby repealed The regulation and orders speciﬁed in Schedule 3 to this Act are hereby revoked.
The Customs and Excise Act 1996 is hereby consequentially amended by repealing so much of Schedule 5 as relates to the Ozone Layer Protection Act 1990.

Transitional provision relating to consultation on ﬁrst regulations Any consultation carried out before the commencement of this Act relating to the ﬁrst regulations to be made under this Act shall be deemed to have been carried out under this Act.
Savings Every permit granted under the Import Control (Methyl Bromide) Conditional Prohibition Order 1994 or the Import Control (Hydrochloroﬂuorocarbons) Conditional Prohibition Order 1995 and in force at the commencement of this Act shall, notwithstanding the revocation of those orders, continue in full force and effect until the date on which it expires or 30 (1) (2) (3) 31 (1) (2) (3) 32 33 18 Reprinted as at 3 September 2007 Ozone Layer Protection Act 1996 Preamble is sooner revoked, and shall be deemed to have been granted under regulations made under this Act.
Schedule 1 Section 2(1) 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 modiﬁcation 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 Pro­ gramme, Mindful also of the precautionary measures for the protection of the ozone layer which have already been taken at the national and inter­ national levels, Aware that measures to protect the ozone layer from modiﬁcations due to human activities require international co­operation and action, and should be based on relevant scientiﬁc and technical consider­ ations, 19 Preamble Ozone Layer Protection Act 1996 Reprinted as at 3 September 2007 Vienna Convention for the Protection of the Ozone Layer—continued Aware also of the need for further research and systematic observa­ tions to further develop scientiﬁc knowledge of the ozone layer and possible adverse effects resulting from its modiﬁcations, Determined to protect human health and the environment against ad­ verse effects resulting from modiﬁcations of the ozone layer, HAVE AGREED AS FOLLOWS: Article 1 Deﬁnitions For the purposes of this Convention: 1.
The ozone layer means the layer of atmospheric ozone above the planetary boundary layer.

Adverse effects means changes in the physical environment or biota, including changes in climate, which have signiﬁcant deleterious effects on human health or on the composition, re­ silience and productivity of natural and managed ecosystems, or on materials useful to mankind.
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.

Alternative substances means substances which reduce, eliminate or avoid adverse effects on the ozone layer.

Parties means, unless the text otherwise indicates, Parties to this Convention.
Regional economic integration organization means an or­ ganization 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.

Protocols means protocols to this Convention.

2.

3.

4.

5.

6.

7.

Article 2 General Obligations 1.


The Parties shall take appropriate measures in accordance with the provisions of this Convention and of those protocols in 20 Reprinted as at 3 September 2007 Ozone Layer Protection Act 1996 Preamble Vienna Convention for the Protection of the Ozone Layer—continued 2.

3.
3.

4. 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.
To this end the Parties shall, in accordance with the means at their disposal and their capabilities: (a) Co­operate by means of systematic observations, re­ search 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 modiﬁcation of the ozone layer; (b) Adopt appropriate legislative or administrative meas­ ures and co­operate in harmonizing appropriate poli­ cies 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 modiﬁcation or likely modiﬁcation of the ozone layer; Co­operate in the formulation of agreed measures, pro­ cedures and standards for the implementation of this Convention, with a view to the adoption of protocols and annexes; Co­operate with competent international bodies to im­ plement effectively this Convention and protocols to which they are party.
(d) (c) 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.

The application of this article shall be based on relevant sci­ entiﬁc and technical considerations.
21 Preamble Ozone Layer Protection Act 1996 Reprinted as at 3 September 2007 Vienna Convention for the Protection of the Ozone Layer—continued Article 3 Research and systematic observations 1.
(c) (e) (d) (b) The Parties undertake, as appropriate, to initiate and co­oper­ ate in, directly or through competent international bodies, the conduct of research and scientiﬁc assessments on: (a) The physical and chemical processes that may affect the ozone layer; The human health and other biological effects deriving from any modiﬁcations of the ozone layer, particularly those resulting from changes in ultra­violet solar radi­ ation having biological effects (UV­B); Climatic effects deriving from any modiﬁcations of the ozone layer; Effects deriving from any modiﬁcations of the ozone layer and any consequent change in UV­B radiation on natural and synthetic materials useful to mankind; Substances, practices, processes and activities that may affect the ozone layer, and their cumulative effects; Alternative substances and technologies; (f) (g) Related socio­economic matters; and as further elaborated in annexes I and II.
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.
The Parties undertake to co­operate, directly or through com­ petent international bodies, in ensuring the collection, val­ idation and transmission of research and observational data through appropriate world data centres in a regular and timely fashion.

2.

3.

22 Reprinted as at 3 September 2007 Ozone Layer Protection Act 1996 Preamble Vienna Convention for the Protection of the Ozone Layer—continued Article 4 Co­operation in the Legal, Scientiﬁc and Technical 1.

2.
2.

Fields The Parties shall facilitate and encourage the exchange of sci­ entiﬁc, technical, socio­economic, commercial and legal in­ formation 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 re­ garded as conﬁdential by the supplying Party shall ensure that such information is not disclosed and shall aggregate it to pro­ tect its conﬁdentiality before it is made available to all Parties.
The Parties shall co­operate, consistent with their national laws, regulations and practices and taking into account in particular the needs of the developing countries, in promot­ ing, directly or through competent international bodies, the development and transfer of technology and knowledge.
Such co­operation shall be carried out particularly through: (a) Facilitation of the acquisition of alternative technolo­ gies by other Parties; Provision of information on alternative technologies and equipment, and supply of special manuals or guides to them; The supply of necessary equipment and facilities for research and systematic observations; (b) (c) (d) Appropriate training of scientiﬁc and technical person­ nel.
Article 5 Transmission of Information The Parties shall transmit, through the secretariat, to the Con­ ference 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.
23 Preamble Ozone Layer Protection Act 1996 Reprinted as at 3 September 2007 Vienna Convention for the Protection of the Ozone Layer—continued Article 6 Conference of the Parties 1.

A Conference of the Parties is hereby established.

The ﬁrst 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 Conven­ tion.
Thereafter, ordinary meetings of the Conference of the Parties shall be held at regular intervals to be determined by the Conference at its ﬁrst meeting.

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.
The Conference of the Parties shall by consensus agree upon and adopt rules of procedure and ﬁnancial rules for itself and for any subsidiary bodies it may establish, as well as ﬁnancial provisions governing the functioning of the secretariat.
The Conference of the Parties shall keep under continuous re­ view 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 sub­ mitted by any subsidiary body; Review the scientiﬁc information on the ozone layer, on its possible modiﬁcation and on possible effects of any such modiﬁcation; Promote, in accordance with article 2, the harmoniza­ tion of appropriate policies, strategies and measures for minimizing the release of substances causing or likely to cause modiﬁcation of the ozone layer, and make rec­ ommendations on any other measures relating to this Convention; (b) (c) (d) Adopt, in accordance with articles 3 and 4, programmes for research, systematic observations, scientiﬁc and 2.
3.

4.
24 Reprinted as at 3 September 2007 Ozone Layer Protection Act 1996 Preamble Vienna Convention for the Protection of the Ozone Layer—continued (e) (f) (g) (h) (i) (j) (k) technological co­operation, the exchange of informa­ tion and the transfer of technology and knowledge; Consider and adopt, as required, in accordance with art­ icles 9 and 10, amendments to this Convention and its annexes; 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; Consider and adopt, as required, in accordance with art­ icle 10, additional annexes to this Convention; Consider and adopt, as required, protocols in accord­ ance with article 8; Establish such subsidiary bodies as are deemed neces­ sary for the implementation of this Convention; Seek, where appropriate, the services of competent international bodies and scientiﬁc committees, in par­ ticular the World Meteorological Organization and the World Health Organization, as well as the Co­ordi­ nating Committee on the Ozone Layer, in scientiﬁc 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; Consider and undertake any additional action that may be required for the achievement of the purposes of this Convention.
5.

The United Nations, its specialized agencies and the Inter­ national 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 non­gov­ ernmental, qualiﬁed in ﬁelds 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 one­third of the Parties present object.
The admission and participation of ob­ 25 Preamble Ozone Layer Protection Act 1996 Reprinted as at 3 September 2007 Vienna Convention for the Protection of the Ozone Layer—continued servers 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 art­ icles 6, 8, 9 and 10; 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; To perform the functions assigned to it by any protocol; To prepare reports on its activities carried out in im­ plementation of its functions under this Convention and present them to the Conference of the Parties; To ensure the necessary co­ordination with other rele­ vant international bodies, and in particular to enter into such administrative and contractual arrangements as may be required for the effective discharge of its functions; To perform such other functions as may be determined by the Conference of the Parties.
(b) (c) (d) (e) (f) 2.

The secretariat functions will be carried out on an interim basis by the United Nations Environment Programme until the com­ pletion of the ﬁrst ordinary meeting of the Conference of the Parties held pursuant to article 6.

At its ﬁrst ordinary meeting, the Conference of the Parties shall designate the secretariat from amongst those existing competent international organ­ izations which have signiﬁed 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 proto­ cols pursuant to article 2.

26 Reprinted as at 3 September 2007 Ozone Layer Protection Act 1996 Preamble Vienna Convention for the Protection of the Ozone Layer—continued 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 scientiﬁc and technical considerations.

Amendments to this Convention shall be adopted at a meeting of the Conference of the Parties.

Amendments to any proto­ col shall be adopted at a meeting of the Parties to the proto­ col 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 Par­ ties 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.

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 three­fourths majority vote of the Parties present and voting at the meeting, and shall be submitted by the Depositary to all Parties for ratiﬁcation, approval or acceptance.
The procedure mentioned in paragraph 3 above shall apply to amendments to any protocol, except that a two­thirds majority of the parties to that protocol present and voting at the meeting shall sufﬁce for their adoption.

Ratiﬁcation, approval or acceptance of amendments shall be notiﬁed 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 notiﬁcation of their ratiﬁcation, approval or acceptance by at least three­fourths of the Parties to this Convention or by at least two­thirds of the 27 2.

3.

4.

5.
3.

4.

5.

Preamble Ozone Layer Protection Act 1996 Reprinted as at 3 September 2007 Vienna Convention for the Protection of the Ozone Layer—continued 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 ratiﬁcation, approval or acceptance of the amendments.
For the purposes of this article, Parties present and voting means Parties present and casting an afﬁrmative or negative vote.

6.

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 refer­ ence to this Convention or its protocols constitutes at the same time a reference to any annexes thereto.
Such annexes shall be restricted to scientiﬁc, technical and administrative matters.
Except as may be otherwise provided in any protocol with re­ spect to its annexes, the following procedures shall apply to the proposal, adoption and entry into force of additional an­ nexes 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 proced­ ure laid down in article 9, paragraphs 2 and 4; (b) Any party that is unable to approve an additional an­ nex to this Convention or an annex to any protocol to which it is party shall so notify the Depositary, in writ­ ing, within six months from the date of the communica­ tion of the adoption by the Depositary.
The Depositary shall without delay notify all Parties of any such noti­ ﬁcation 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; 2.
28 Reprinted as at 3 September 2007 Ozone Layer Protection Act 1996 Preamble Vienna Convention for the Protection of the Ozone Layer—continued (c) On the expiry of six months from the date of the circula­ tion 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 notiﬁcation in accordance with the provision of sub­ paragraph (b) above.
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 proto­ col. Annexes and amendments thereto shall take due account, inter alia, of relevant scientiﬁc and technical considerations.
If an additional annex or an amendment to an annex involves an amendment to this Convention or to any protocol, the addi­ tional annex or amended annex shall not enter into force until such time as the amendment to this Convention or to the proto­ col concerned enters into force.

3.

4.

Article 11 Settlement of Disputes 1.

In the event of a dispute between Parties concerning the in­ terpretation or application of this Convention, the parties con­ cerned shall seek solution by negotiation.
If the parties concerned cannot reach agreement by negoti­ ation, they may jointly seek the good ofﬁces of, or request me­ diation by, a third party.

2.

3.
When ratifying, accepting, approving or acceding to this Con­ vention, or at any time thereafter, a State or regional economic integration organization may declare in writing to the Depos­ itary that for a dispute not resolved in accordance with para­ graph 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 ﬁrst ordinary meeting; Submission of the dispute to the International Court of Justice.
(b) 29 Preamble Ozone Layer Protection Act 1996 Reprinted as at 3 September 2007 Vienna Convention for the Protection of the Ozone Layer—continued 4.

5.

6.

If the parties have not, in accordance with paragraph 3 above, accepted the same or any procedure, the dispute shall be sub­ mitted to conciliation in accordance with paragraph 5 below unless the parties otherwise agree.

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 ﬁnal and recommendatory award, which the parties shall consider in good faith.

The provisions of this article shall apply with respect to any protocol except as otherwise provided in the protocol con­ cerned.
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 Vi­ enna 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 Ratiﬁcation, Acceptance or Approval 1.


This Convention and any protocol shall be subject to ratiﬁca­ tion, acceptance or approval by States and by regional eco­ nomic integration organizations.

Instruments of ratiﬁcation, acceptance or approval shall be deposited with the Deposit­ ary.
Any organization referred to in paragraph 1 above which be­ comes 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 In the case of such organizations, one or more of may be.

whose member States is a Party to the Convention or relevant protocol, the organization and its member States shall decide 2.
30 Reprinted as at 3 September 2007 Ozone Layer Protection Act 1996 Preamble Vienna Convention for the Protection of the Ozone Layer—continued 3. 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 rele­ vant protocol concurrently.
In their instruments of ratiﬁcation, acceptance or approval, the organizations referred to in paragraph 1 above shall declare the extent of their competence with respect to the matters gov­ erned by the Convention or the relevant protocol.

These or­ ganizations shall also inform the Depositary of any substantial modiﬁcation 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 con­ cerned is closed for signature.

The instruments of accession shall be deposited with the Depositary.
In their instruments of accession, the organizations referred to in paragraph 1 above shall declare the extent of their compe­ tence with respect to the matters governed by the Convention or the relevant protocol.

These organizations shall also inform the Depositary of any substantial modiﬁcation in the extent of their competence.

The provisions of article 13, paragraph 2, shall apply to re­ gional 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.

Except as provided for in paragraph 1 above, regional eco­ nomic integration organizations, in matters within their com­ petence, shall exercise their right to vote with a number of votes equal to the number of their member States which are 2.

3.

2.
3.

2.

31 Preamble Ozone Layer Protection Act 1996 Reprinted as at 3 September 2007 Vienna Convention for the Protection of the Ozone Layer—continued Parties to the Convention or the relevant protocol.

Such or­ ganizations shall not exercise their right to vote if their mem­ ber States exercise theirs, and vice versa.

Article 16 Relationship Between the Convention and Its 1.

2.
2.

Protocols A State or a regional economic integration organization may not become party to a protocol unless it is, or becomes at the same time, a Party to the Convention.

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 af­ ter the date of deposit of the twentieth instrument of ratiﬁca­ tion, acceptance, approval or accession.
Any protocol, except as otherwise provided in such protocol, shall enter into force on the ninetieth day after the date of de­ posit of the eleventh instrument of ratiﬁcation, acceptance or approval of such protocol or accession thereto.
For each Party which ratiﬁes, accepts or approves this Con­ vention or accedes thereto after the deposit of the twentieth instrument of ratiﬁcation, 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 ratiﬁcation, accept­ ance, approval or accession.
Any protocol, except as otherwise provided in such protocol, shall enter into force for a party that ratiﬁes, accepts or ap­ proves 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 ratiﬁcation, acceptance, approval or accession, or on the date on which the Convention enters into force for that Party, whichever shall be the later.

2.

3.

4.
2.

3.

4.

32 Reprinted as at 3 September 2007 Ozone Layer Protection Act 1996 Preamble Vienna Convention for the Protection of the Ozone Layer—continued 5.

For the purposes of paragraphs 1 and 2 above, any instru­ ment deposited by a regional economic integration organiza­ tion shall not be counted as additional to those deposited by member States of such organization.

Article 18 Reservations No reservations may be made to this Convention.

2.

3.

4.

2.

Article 19 Withdrawal 1.


At any time after four years from the date on which this Con­ vention has entered into force for a Party, that Party may with­ draw from the Convention by giving written notiﬁcation to the Depositary.

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 proto­ col by giving written notiﬁcation to the Depositary.
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 speciﬁed in the notiﬁcation of the withdrawal.

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 Secretary­General of the United Nations shall assume the functions of depositary of this Convention and any protocols.
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 ratiﬁcation, accept­ ance, approval or accession in accordance with articles 13 and 14; The date on which the Convention and any protocol will come into force in accordance with article 17; Notiﬁcations of withdrawal made in accordance with article 19; (b) (c) 33 Schedule I Ozone Layer Protection Act 1996 Reprinted as at 3 September 2007 Vienna Convention for the Protection of the Ozone Layer—continued (e) (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; All communications relating to the adoption and ap­ proval of annexes and to the amendment of annexes in accordance with article 10; Notiﬁcations by regional economic integration organ­ izations of the extent of their competence with respect to matters governed by this Convention and any proto­ cols, and of any modiﬁcations thereof; (f) (g) Declarations made in accordance with article 11, para­ graph 3.
Article 21 Authentic Texts The original of this Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authen­ tic, shall be deposited with the Secretary­General 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.
Annex I Research and Systematic Observations 1 The Parties to the Convention recognize that the major scien­ tiﬁc issues are: (a) Modiﬁcation of the ozone layer which would result in a change in the amount of solar ultra­violet radi­ ation having biological effects (UV­B) that reaches the Earth’s surface and the potential consequences for human health, for organisms, ecosystems and materials useful to mankind; (b) Modiﬁcation of the vertical distribution of ozone, which could change the temperature structure of the atmo­ 34 Reprinted as at 3 September 2007 Ozone Layer Protection Act 1996 Schedule I Vienna Convention for the Protection of the Ozone Layer—continued sphere and the potential consequences for weather and climate.
2 The Parties to the Convention, in accordance with article 3, shall co­operate in conducting research and systematic ob­ servations and in formulating recommendations for future re­ search and observation in such areas as: (a) Research into the physics and chemistry of the atmo­ sphere (i) Comprehensive theoretical models: further development of models which consider the inter­ action between radiative, dynamic and chemical processes; studies of the simultaneous effects of various man­made and naturally occurring species upon atmospheric ozone; interpretation of satellite and non­satellite measurement data sets; evaluation of trends in atmospheric and geophysical parameters, and the development of methods for attributing changes in these param­ eters to speciﬁc causes; Laboratory studies of: rate coefﬁcients, ab­ sorption cross­sections and mechanisms of tropospheric and stratospheric chemical and photochemical processes; spectroscopic data to support ﬁeld measurements in all relevant spec­ tral regions; (ii) (iii) Field measurements: the concentration and ﬂuxes of key source gases of both natural and anthropogenic origin; atmospheric dynamics studies; simultaneous measurements of photo­ chemically­related species down to the plane­ tary boundary layer, using in situ and remote sensing instruments; intercomparison of differ­ ent sensors, including co­ordinated correlative instrumentation; measurements three­dimensional ﬁelds of key atmospheric satellite for 35 Schedule I Ozone Layer Protection Act 1996 Reprinted as at 3 September 2007 Vienna Convention for the Protection of the Ozone Layer—continued (iv) trace constituents, solar spectral ﬂux and me­ teorological parameters; Instrument development, including satellite and non­satellite sensors for atmospheric trace con­ stituents, solar ﬂux and meteorological parame­ ters; (b) Research into health, biological and photodegradation effects (i) (ii) The relationship between human exposure to vis­ ible and ultra­violet solar radiation and (a) the de­ velopment of
 both non­melanoma and melanoma skin cancer and (b) the effects on the immunolog­ ical system; Effects of UV­B radiation, including the wave­ length dependence, upon (a) agricultural crops, forests and other terrestrial ecosystems and (b) the aquatic food web and ﬁsheries, as well as pos­ sible inhibition of oxygen production by marine phytoplankton; (iv) (iii) The mechanisms by which UV­B radiation acts on biological materials, species and ecosystems, including: the relationship between dose, dose rate, and response; photorepair, adaptation, and protection; Studies of biological action spectra and the spec­ tral response using polychromatic radiation in order to include possible interactions of the vari­ ous wavelength regions; The inﬂuence of UV­B radiation on: the sensitiv­ ities and activities of biological species important to the biospheric balance; primary processes such as photosynthesis and biosynthesis; (v) (vi) The inﬂuence of UV­B radiation on the pho­ todegradation of pollutants, agricultural chem­ icals and other materials; Research on effects on climate (c) 36 Reprinted as at 3 September 2007 Ozone Layer Protection Act 1996 Schedule I Vienna Convention for the Protection of the Ozone Layer—continued (i) (ii) Theoretical and observational studies of the ra­ diative effects of ozone and other trace species and the impact on climate parameters, such as land and ocean surface temperatures, precipita­ tion patterns, the exchange between the tropo­ sphere and stratosphere; The investigation of the effects of such climate impacts on various aspects of human activity; (d) Systematic observations on (i) The status of the ozone layer (ie the spatial and temporal variability of the total column content and vertical distribution) by making the Global Ozone Observing System, based on the integra­ tion of satellite and ground­based systems, fully operational; The tropospheric and stratospheric concentra­ tions of source gases for the HOx, NOx, C10x and carbon
 families; (ii) (iii) The temperature from the ground to the meso­ sphere, utilizing both ground­based and satellite systems; (iv) Wavelength­resolved solar ﬂux reaching, and the Earth’s atmo­ thermal radiation leaving, sphere, utilizing satellite measurements; (v) Wavelength­resolved solar ﬂux reaching the Earth’s surface in the ultra­violet range having biological effects (UV­B); and (vi) Aerosol distribution properties the ground to the mesosphere, ground­based, airborne and satellite systems; from utilizing (vii) Climatically important variables by the mainten­ ance of programmes of high­quality meteoro­ logical surface measurements; solar ﬂux and temperatures, aerosols utilizing improved methods for analyz­ ing global data.
(viii) Trace species, 37 Schedule I Ozone Layer Protection Act 1996 Reprinted as at 3 September 2007 Vienna Convention for the Protection of the Ozone Layer—continued The Parties to the Convention shall co­operate, taking into account the particular needs of the developing countries, in promoting the appropriate scientiﬁc and technical training re­ quired to participate in the research and systematic observa­ tions outlined in this annex.
Particular emphasis should be given to the intercalibration of observational instrumentation and methods with a view to generating comparable or stan­ dardized scientiﬁc data sets.

3 4 The following chemical substances of natural and anthro­ pogenic origin, not listed in order of priority, are thought to have the potential to modify the chemical and physical properties of the ozone layer.
Carbon substances (a) (i) Carbon monoxide (CO) Carbon monoxide has signiﬁcant natural and an­ thropogenic sources, and is thought to play a major direct role in tropospheric photochemistry, and an indirect role in stratospheric photochem­ istry.

Carbon dioxide (CO2) Carbon dioxide has signiﬁcant natural and an­ thropogenic sources, and affects stratospheric ozone by inﬂuencing the thermal structure of the atmosphere.
(ii) (iii) Methane (CH4) Methane has both natural and anthropogenic sources, and affects both tropospheric and strato­ spheric ozone.
(iv) Non­methane hydrocarbon species Non­methane hydrocarbon species, which con­ sist of a large number of chemical substances, have both natural and anthropogenic sources, and play a direct role in tropospheric photochemistry 38 Reprinted as at 3 September 2007 Ozone Layer Protection Act 1996 Schedule I Vienna Convention for the Protection of the Ozone Layer—continued and an indirect role in stratospheric photochem­ istry.
(b) Nitrogen substances (i) (ii) Nitrous oxide (N2O) The dominant sources of N2O are natural, but an­ thropogenic contributions are becoming increas­ ingly important.

Nitrous oxide is the primary source of stratospheric NOx, which play a vital role in controlling the abundance of stratospheric ozone.
Nitrogen oxides (NOx) Ground­level sources of NOx play a major di­ rect role only in tropospheric photochemical pro­ cesses and an indirect role in stratosphere photo­ chemistry, whereas injection of NOx close to the tropopause may lead directly to a change in upper tropospheric and stratospheric ozone.
(c) Chlorine substances (i) (CFC­12), Fully halogenated alkanes, eg CCI4, CFCl3, C2F2Cl3, CF2Cl2 (CFC­11), (CFC­113), C2F4Cl2 (CFC­114) Fully halogenated alkanes are anthropogenic and act as a source of Cl0x, which plays a vital role in ozone photochemistry, especially in the 30­50 km altitude region.

Partially halogenated alkanes, (CFC­22), CHF2Cl (CFC­21) The sources of CH3Cl are natural, whereas the other partially halogenated alkanes mentioned above are anthropogenic in origin.
eg CH3Cl, CHFCl2 CH3CCI3, (ii) (d) These gases also act as a source of stratospheric Cl0x.

Bromine substances Fully halogenated alkanes, eg CF3Br These gases are anthropogenic and act as a source of BrOx, which behaves in a manner similar to Cl0x.
39 Schedule II Ozone Layer Protection Act 1996 Reprinted as at 3 September 2007 Vienna Convention for the Protection of the Ozone Layer—continued (e) Hydrogen substances Hydrogen (H2) (i) Hydrogen, the source of which is natural and an­ thropogenic, plays a minor role in stratospheric photochemistry.

(ii) Water (H2O) Water, the source of which is natural, plays a vital role in both tropospheric and stratospheric pho­ tochemistry.
Local sources of water vapour in the stratosphere include the oxidation of methane and, to a lesser extent, of hydrogen.

Annex II Information exchange 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 ac­ tions that may be taken are appropriate and equitable.
There­ fore, Parties shall exchange scientiﬁc, technical, socio­eco­ nomic, business, commercial and legal information.

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 co­operation under this annex has to be consistent with national laws, regulations and prac­ tices regarding patents, trade secrets, and protection of conﬁ­ dential and proprietary information.
Scientiﬁc information This includes information on: (a) Planned and ongoing research, both governmental and private, to facilitate the co­ordination of research pro­ 1 2 3 40 Reprinted as at 3 September 2007 Ozone Layer Protection Act 1996 Schedule II Vienna Convention for the Protection of the Ozone Layer—continued grammes so as to make the most effective use of avail­ able national and international resources; The emission data needed for research; Scientiﬁc results published in peer­reviewed literature on the 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 time­scales in either the total column content or the vertical distribution of ozone; The assessment of research results and the recommen­ dations for future research.
(b) (c) (d) Technical information This includes information on: (a) The availability and cost of chemical substitutes and of alternative technologies to reduce the emissions of ozone­modifying substances and related planned and ongoing research; The limitations and any risks involved in using chem­ ical or other substitutes and alternative technologies.
(b) information on the sub­ Production and production capacity; Socio­economic and commercial stances referred to in annex I This includes information on: (a) (b) Use and use patterns; Imports/exports; (c) The costs, risks and beneﬁts of human activities which (d) may indirectly modify the ozone layer and of the im­ pacts of regulatory actions taken or being considered to control these activities.
Legal information This includes information on: 41 4 5 6 Schedule 2 Ozone Layer Protection Act 1996 Reprinted as at 3 September 2007 Vienna Convention for the Protection of the Ozone Layer—continued (a) (b) National laws, administrative measures and legal re­ search relevant to the protection of the ozone layer; International agreements, ments, relevant to the protection of the ozone layer; including bilateral agree­ (c) Methods and terms of licensing and availability of patents relevant to the protection of the ozone layer.
Schedule 2 Enactments repealed Section 31(1) 1990, No 50—The Ozone Layer Protection Act 1990.

1993, No 3—The Ozone Layer Protection Amendment Act 1993.

1994, No 1—The Ozone Layer Protection Amendment Act 1994.
Schedule 3 Regulation and orders revoked Section 31(2) Title Statutory Regulations Serial Number The Ozone Layer Protection (Prescribed Form) Regulations 1990............................... 1990/306 The Ozone Layer Protection Order 1991 ..... 1991/109 The Ozone Layer Protection Order 1992 ..... 1992/59 The Ozone Layer Protection Order 1993 ..... 1993/116 The Ozone Layer Protection (Import Prohib­ ition) Order 1993.......................................... 1993/117 42 Reprinted as at 3 September 2007 Ozone Layer Protection Act 1996 Schedule 3 Title Statutory Regulations Serial Number The Import Control (Methyl Bromide) Con­ ditional Prohibition Order 1994 ...................
The Import Control (Hydrochloroﬂuorocar­ bons) Conditional Prohibition Order 1995... 1994/267 1995/283 43