prop · G903158 · 1985-12-31 00:00:00 — (b) Adoptappropriate legislalive or administrative measures and co-operale inharmonizing appropriate policies to control, limit, reduce or prevent humanaclivities under their jurisdiction or control should it be found that theseaclivities have or are likely to have adverse effects resulting frommodificalion or likely modificalion of the ozone layer, (c) Co-operate in the formulalion of agreed measures, procedures andstandards for the implementation of this Convention, with a view lo theadoption of protocols and annexes; (d) Co-operalewith competent international bodies to implemenl effec lively this Convention and protocols to which they are party. The provisions of this Convention shall in no way affecl the right ofParties lo adopt, in accordance with international law, domestic measuresadditional to those referred to in paragraphs 1 and 2 above, nor shall theyaffecl additional domesUc measures already taken by a Party, provided thatthese measures are not incompalible with their obligations under thisConvention. The appllcation of this artide shall be based on relevant scientificand technical considerations. 1.The Parties undertake, as appropriate, lo initiate and co-operale in, direcllyor Ihrough competent international bodies, the conducl of research andscientific assessmenls on: (a) Thephysical and chemical processes that may affecl the ozone layer; (b) Thehuman health and other biological effecis deriving from any modificalions ofthe ozone layer, particularly those resulting from changes in ullra-violelsolar radiation having biological effecis (UV-B); (c) Climatic effects deriving from any modificalions of the ozone layer; (d) Effectsderiving from any modificalions of the ozone layer and any consequent change in UV-B radiation on natural and synthelic materials useful to mankind; (e) Substances,pracUces, processes and aclivities that may affect the ozonelayer, and their cumulalive effecis; 11 (O Allernative substances and lechnologies; Prop. 1985/86: 158 (g) Related socio-economic matters; and as furtherelaborated in annexes I and II. The Parties undertake to promote oreslablish, as appropriate, direclly or Ihrough competent international bodiesand taking fully into account national legislation and relevant ongoingaclivities at both the national and international levels, joint orcomplemenlary programmes for sysiemaiic observation of the slate of Ihe ozonelayer and other relevant parameters, as elaborated in annex 1. The Parties undertake toco-operate, direclly or Ihrough competent international bodies, in ensuring thecolleclion, validation and transmission of research and observational dalaIhrough appropriate worid data centres in a regular and timely fashion. Co-operation in the legal, scientific and technical fields The Parties shall facilitale andencourage the exchange of scientific, technical, socio-economic, commerdal andlegal information relevant lo this Convention as further elaborated in annex II. Such information shall be suppliedto bodies agreed upon by the Parlies. such body receiving informationregarded as confidential by the supplying Party shall ensure that suchinformation is not disdosed and shall aggregate it to prolecl ilsconfidentialiiy before it is made available to all Parties. The Parties shall co-operate,consislenl with their national laws, regulations and praclices and taking intoaccount in particular the needs of the developing countries, in promoling,direclly or Ihrough competent international bodies, the development andtransfer of technology and knowledge. Such co-operalion shall be carried outparticulariy ihrough: (a) Facililation ofthe acquisition of allernative lechnologies by olher Parlies; (b) Provision of information onallernative lechnologies and equipment, and supply of special manuals or guideslo them; (c) The supply ofnecessary equipment and facilities for research and systematic observations; (d) Appropriate training of scientific and technicalpersonnel. The Parties shall transmit, ihrough the secretariat, tothe Conference of the Parties eslablished under artide 6 information on themeasures adopled by them in implementation of this Convention and of protocolslo which they are party in such form and al such intervals as themeetings of the parties to the relevant instruments may determine. Conference of the parties A Conference of the Parties is hereby eslablished. Thefirst meeling of the Conference of the Parties shall be convened by the secretariat desig- nated on an interim basis under artide 7 not låter than one year after entry into force of this Convention. Thereafter, ordinary meetings of the Confe rence of the Parties shall be held at regular intervals to be determined by the Conference at ils first meeting. Extraordinarymeetings of ihe Conference of ihe Parlies shall be held Prop. 1985/86: 158 at such other times as may be deemed necessary by ihe Conference, or at the wrilten request of any Party, provided that, withinsix monlhs of Ihe request being communicated lo them by the secretariat, it issupporled by al least one third of the Parties. The Conference of the Parties shallby consensus agree upon and adopt rules of procedure and financial rules forilself and for any subsidiary bodies it may eslablish, as well as financialprovisions governing the functioning of the secretariat. The Conference of the Parlies shallkeep under continuous re view the implementation of this Convention, and, inaddition, shall: (a) Eslablish theform and the intervals for iransmilting the information to be submilted inaccordance with artide 5 and consider such information as well as reportssubmilted by any subsidiary body; (b) Review the scientific informationon the ozone layer, on ils possible modificalion and on possible effects of anysuch modificalion; (c) Promote, inaccordance with artide 2, the harmonization of appropriate policies,strategies and measures for minimizing the release of substances causing orlikely lo cause modificalion of the ozone layer, and make recommendations onany olher measures relating lo this Convention; (d) Adopt, in accordance with artides 3 and 4,programmes for research, systematic observations, scientific and technological co-operalion, the exchange ofinformation and the transfer of technology and knowledge; (e) Consider and adopt, as required in accordance withartides 9 and 10, amendments to this Convention and ils annexes; (O Consider amendments to any protocol, as well as to anyannexes thereto, and, if so decided, recommend their adoption to the parties tothe protocol concerned; (g) Consider and adopt, as required, in accordance withartide 10, additional annexes to this Convention; (h) Consider and adopt, as required, protocols inaccordance with artide 8; (i) Eslablish such subsidiary bodies as are deemednecessary for the implementation of this Convention; (j) Seek, where appropriate, the services of competentinlernaiional bodies and scientific committees, in particular the WorldMeteorogical Organizalion and the , as well as theCo-ordi-naling , in scientific research, systematicobservations and olher aclivities pertinenl to the objectives of this Convention,and make use as appropriate ofinformation from these bodies and committees; (k) Consider and undertake any additional aclion that maybe required for the achievemenl of the purposes of this Convention. The United Nations, ils spedalized agencies and theInternational , as well as any State not party lo this Convention, may be represented at meetings of the Conference of the Parties by . body or agency, whether national or international, govern- menlal or non-governmental, qualified in fields relating to the protection of the ozone layer which has informed the secretariat of ils wish to be represented at a meeting of the Conference of the Parties as an may be admilled unless al least one-third of the Parties present objecl. The admission and participation of shall be subject to the rules of procedure adopled by the Conference of the Parties. t2 1985/86. Artide 7 Prop. 1985/86: 158 The functions of the secretariat shall be: (a) To arrange for and service meetingsprovided for in artides 6, 8, 9 and 10: (b) To prepare and transmit reportsbased upon information received in accordance with artides 4 and 5, as well asupon information derived from meetings of subsidiary bodies eslablished underartide 6; (c) To perform the functions assignedlo il by any protocol; (d) To prepare reports on ils aclivities carried out inimplementation of ils functions under this Convention and present them lo the Conference of the Parties; (e) To ensure ihe necessary co-ordination wilh otherrelevant interna tional bodies, and in particular to enter into such administrative and contractual arrangements as may be required for the effeciive discharge of ils functions; (O To perform such other functions as may be determined bythe Conference of the Parties. The secretariat functions will be carried out on aninterim basis by the United Nations Environment Programme until the completion of the first ordinary meeting of the Conference of the Parlies held pursuant to artide 6. At its first ordinary meeting, the Conference of the Parties shall desig- naie the secretariat from amongst those existing competent international organizalions which have signified their willingness to carry out the secre tariat functions under this Convention. The Conferenceof the Parties may at a meeting adopt protocols pursuant to artide 2. The text of anyproposed protocol shall be communicated to the Parties by the secretariat atleast six monlhs before such a meeting. Amendmenl of the convention or protocols may propose amendments to this Conventionor to any protocol. Such amendments shall lake due account, inter alia. of relevant scientific and technical considerations. Amendments to this Convention shallbe adopled al a meeling of the Conference of the Parlies. Amendments lo anyprotocol shall be adopted at a meeting of the Parties lo the protocol inquestion. The text of any proposed amendmenl lo this Convention or to anyprotocol, except as may otherwise be provided in such protocol, shall becommunicated lo the Parties by the secretariat at least six monlhs before themeeling al which il is proposed for adoption. The secretariat shall alsocommunicale proposed amendments to the signalories lo this Convention forinformation. The Parties shall make every efforlto reach agreement on any proposed amendmenl lo this Convention by consensus.If all efforls at consensus have been exhausted, and no agreement reached, theamendmenl shall as a last resort be adopted by a three-fourths majorily vote ofthe Parties present and voting at the meeling, and shall be submilted by theDepositary lo all Parties for ralification, approval or acceptance. Theprocedure mentioned in paragraph 3 above shall apply to amend- Prop.1985/86: 158 ments to any protocol, except that a two-thirds majority of the parties to that protocol present and voting at the meeting shallsuffice for their adoption. Ralification, approval oracceptance of amendments shall be notified to the Depositary in writing.Amendments adopted in accordance with paragraphs 3 or 4 above shall enter intoforce between parties having accepled them on the ninetieth day after thereceipt by the Depositary of nolification of their ralification, approval oracceptance by al least ihree-forihs of Ihe Parties lo this Convention or by alleast two-thirds of the parties to the protocol concerned, except as mayotherwise be provided in such protocol. Thereafter the amendments shall enlerinto force for any other Party on the ninetieth day after that Party deposilsils instrument of ralification, approval or acceptance of the amendments. For the purposes of this artide,"Parties present and voting" means Parlies present and casting anaffirmative or negative vote. Adoption and amendmenl of annexes The annexes to this Convention orlo any protocol shall form an integral part of Ihis Convention or of suchprotocol, as the case may be, and, unless expressly provided otherwise, areference lo this Convention or ils protocols conslitules at the same time areference to any annexes thereto. Such annexes shall be restricted loscientific, technical and administrative malters. Except as may be otherwise providedin any protocol with respect to its annexes, the following procedure shallapply to the proposal, adoption and entry into force of additional annexes tothis Convention orof annexes lo a protocol: (a) Annexes to this Convention shall be proposed andadopled according lo the procedure laid down in artide 9, paragraphs 2 and 3, while annexes to any protocol shall be proposed and adopted according lo the procedure laid down in artide 9, paragraphs 2 and 4; (b) party that is unable to approvean additional annex lo this Convention or an annex to any protocol lo which itis party shall so notify the Depositary, in writing, within six monlhs from thedate of the communication of the adoption by the Depositary. The Depositaryshall without delay notify all Parlies of any such nolification received. AParty may al any lime substitute an acceptance for a previous declaration ofobjection and the annexes shall Ihereupon enter into force for that Party; (c) On the expiryof six monlhs from the date of the circulalion of Ihe communicalion by theDepositary, the annex shall become effeciive for all Parties lo this Conventionor lo any protocol concerned which have not submilted a nolification inaccordance wilh the provision of subparagraph (b) above. The proposal, adoption and entryinto force of amendments lo annexes lo this Convention or lo any protocolshall be subject to the same procedure as for the proposal, adoption and entryinto force of annexes to the Convention or annexes to a protocol. Annexes andamendments thereto shall lake due account, inter alia, of relevant scientificand technical considerations. If an additional annex or an amendmenlto an annex involves an amendmenl to this Convention or to any protocol, theadditional annex or amended annex shall not enler into force until such limeas the amendmenl 15 to this Convention or lo the protocol concerned entersinto force. Artide 11 Prop. 1985/86: 158 In the evenl of a dispute betweenParties concerning the interpretation or applicalion of this Convention, theparties concerned shall seek solution by negoliation. If the parties concerned cannotreach agreement by negoliation, they may joinlly seek the good offices of, orrequest medialion by, a third party. When ralifying, accepting,approving or acceding to this Convention, or al any lime thereafter, a Stale orregional economic integration organizalion may declare in writing to theDepositary that for a dispute not resolved in accordance with paragraph 1 orparagraph 2 above, it accepts one or bolh of the following means of disputesettlement as compulsory; (a) Arbitration inaccordance with procedures lo be adopted by the Conference of the Parties atils first ordinary meeting; (b) Submission of the dispute to theInternational Court of . If Ihe parties have not, inaccordance with paragraph 3 above, accept-ed the same or any procedure, thedispute shall be submilted to concilia-tion in accordance with paragraph 5below unless the parlies otherwise agree. A conciliation commission shall becreated upon the request of one of the parties lo ihe dispute. The commissionshall be composed of an equal number of members appointed by each partyconcerned and a chairman chosen joinlly by the members appointed by each party.The commission shall render a final and recommendalory award, which the parliesshall consider in good failh. The provisions of this artide shallapply with respect lo any protocol except as otherwise provided in the protocolconcerned. This Convention shall be open for signature by States andby regional economic integration organizalions at the Federal Ministryfor Foreign Affairs of from 22 March1985 lo 21 , and at United Nations Headquarlers in NewYork from to 21 1986. This Conventionand any protocol shall be subject lo ralification, acceptance or approval byStaies and by regional economic integration organizalions. Instruments ofralification, acceptance or approval shall be deposited with the Depositary. Anyorganizalion referred to in paragraph 1 above which becomes a Party to this Convention or any protocol without any ofits member States being a Party shall be bound by all the obligations underthe Convention or the protocol, as the case may be. In ihe case of suchorganizalions, one or more of whose member States is a Party lo the Conventionor relevant protocol, the organization and ils member States shalldecide on their respective responsibilities for the performance of theirobligation under Ihe convention or protocol, as the case may be. In such cases,the organization and the member States shall not be entitled to exerciserights under the Convention or relevant protocol concurrently. Intheir instruments of ralification, acceptance or approval, the orga- Prop.1985/86: 158 nizations referred to in paragraph 1 above shall declare theextent of their compeience wilh respect to the matters governed by theConvention or the relevant protocol. These organizalions shall also inform theDepositary of any substantial modificalion in the extent of their compeience. This Conventionand any protocol shall be open for accession by States and by regional economicintegration organizalions from the date on which the Convention or the protocolconcerned is closed for signature. The instruments of accession shall bedeposited with the Depositary. In theirinstruments of accession, the organizalions referred to in paragraph 1 aboveshall declare the extent of their compeience with respect lo the maltersgoverned by the Convention or the relevant protocol. These organizalions shallalso inform the Depositary of any substantial modificalion in the extent oftheir compeience. The provisionsof artide 13, paragraph 2, shall apply lo regional economic integrationorganizalions which accede to this Convention or any protocol. Artide 15 to vote Each Party lo this Convention or toany protocol shall have one vote. Except as provided for in paragraph1 above, regional economic integration organizalions, in wiihin theircompeience, shall exercise their right to vote wilh a number of voles equal tothe number of their member Staies which are Parties lo the Convention or therelevant protocol. Such organizalions shall not exercise their right to voteif their member States exercise Iheirs, and vice versa. Relationship between the convention and its protocols A State or aregional economic integration organizaUon may not become a party lo a protocolunless it is, or becomes at the same lime, a Party to the Convention. Decisionsconcerning any protocol shall be laken only by the parties to the protocolconcerned. Artide 17 Entry into force This Convention shall enler into force on theninetieth day after the date of deposil of the iwentieth instrument of ralification, acceptance, approval or accession. protocol, except as otherwiseprovided in such protocol, shall enler into force on the ninetieth day afterthe date of deposil of the instrument of ralification, acceptance orapproval of such protocol or accession thereto. For each Party which ralifies,accepts or approves this Convention or accedes thereto after the deposit of thetwentieth instrument of ratifica- Uon, acceptance, approval or accession, it shall enlerinto force on the 17 ninetiethday after the date of deposit by such Party of ils instrument of Prop.1985/86: 158 ralification, acceptance, approval or accession. protocol,except as otherwise provided in such protocol, shall enler into force for aparty that ralifies, accepts or approves that protocol or accedes thereto afterits entry into force pursuant lo paragraph 2 above, on the ninetieth day afterthe date on which that party deposils ils instrument of ralification,acceptance, approval or accession, or on the date on which the Conventionenters into force for that Party, whichever shall be the låter. For thepurposes of paragraphs I and 2 above, any instrument deposited by a regionaleconomic integration organization shall not be counled as additional to thosedeposited by member Staies of such organizalion. Noreservations may be made to this Convention. Al any timeafter four years from the date on which this Convention has entered into forcefor a Party, that Party may withdraw from the convention by giving wriltennolification lo the Depositary. Except as maybe provided in any protocol, at any time after four years from the date onwhich such protocol has entered into force for a party, that party may withdrawfrom the protocol by giving wrilten nolification to the Depositary. suchwithdrawal shall take effect upon expiry of one year after the date of ilsreceipt by the Depositary, or on such låter date as may be specified in thenolification of the withdrawal. whichwithdraws from this Convention shall be considered as also having withdrawnfrom any protocol to which il is party. The Secretary-General of the United Nations shallassume the func tions of depositary of this Convention and any protocols. The Depositary shall inform the Parlies, inparticular, of: (a) The signature of this Conventionand of any protocol, and the deposil of instruments of ralification,acceptance, approval or accession in accordance with artides 13 and 14; (b) The date on which the Conventionand any protocol will come into force in accordance with artide 17; (c) Notificalions of withdrawal made inaccordance with artide 19; (d) Amendments adopled wilh respect lo Ihe Conventionand any proto col, their acceptance by the parties and their date of entry into force in accordance with artide 9: (e) relating lo the adoption andapproval of annexes and to the amendmenl of annexes in accordance wilh artide 10; (f) Notificalions by regional economic integrationorganizalions of the extent of their compeience with respect to malters governed by this Convention and any protocols, and of any modificalions thereof. (g) Declarationsmade in accordance with artide 11, paragraph 3. Artide 21 Prop. Theoriginal of this Convention, of which the Arabic, Chinese, English, French,Russian and Spanish texts are equally authentic, shall be deposited with theSecretary-General of Ihe United Nations. INWITNESS WHEREOF the undersigned, being duly authorized to that effect, havesigned this Convention. onthe 22nd day of 1985 1985/86: 158 Research and systematic observations The Parties lo the Convention recognize that the majorscientific issues are: (a) Modificalion of the ozone layer which would resultin a change in the amount of solar ultra-violel radiation having biological effects (UV-B) that reaches the Earth"s surface and the potential consequences for human health, for organisms, ecosystems and materials useful to mankind; (b) Modificalion of the vertical distribution of ozone.which could change the temperature structure of the atmosphere and the potential consequences for weather and climale. The Parlies to the Convention, in accordance wilhartide 3, shall co-operale in conducling research and systematic observations and in formulating recommendalions for future research and observation in such areas as: (a) Research into the physics and chemistiy of theatmosphere (i) Comprehensive theoretical models: further developmentof models which consider the inleraclion between radiative, dynamic andchemical processes; studies of the simultaneous effecis of various man-made andnaturally occuring species upon atmospheric ozone; interpretation of salel-lileand non-salellile measurement dala sets; evaluation of trends in atmosphericand geophysical parameters, and the development of methods for allributingchanges in these parameters lo specific causes;