U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

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79–118

" ! SENATE 106th Congress

2d Session

TREATY DOC.

2000

106–32

AMENDMENT TO MONTREAL PROTOCOL

(‘‘BEIJING AMENDMENT’’)

MESSAGE

FROM

THE PRESIDENT OF THE UNITED STATES

TRANSMITTING

AMENDMENT TO THE MONTREAL PROTOCOL ON SUBSTANCES

THAT DEPLETE THE OZONE LAYER (THE ‘‘MONTREAL PROTOCOL’’), ADOPTED AT BEIJING ON DECEMBER 3, 1999, BY THE

ELEVENTH MEETING OF THE PARTIES TO THE MONTREAL PROTOCOL (THE ‘‘BEIJING AMENDMENT’’)

JUNE 22, 2000.—Amendment was read the first time, and together with

the accompanying papers, referred to the Committee on Foreign Relations and ordered to be printed for the use of the Senate

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LETTER OF TRANSMITTAL

THE WHITE HOUSE, June 22, 2000.

To the Senate of the United States:

I transmit herewith, for the advice and consent of the Senate to

ratification, the Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer (the ‘‘Montreal Protocol’’),

adopted at Beijing on December 3, 1999, by the Eleventh Meeting

of the Parties to the Montreal Protocol (the ‘‘Beijing Amendment’’).

The report of the Department of State is also enclosed for the information of the Senate.

The principal features of the Beijing Amendment, which was negotiated under the auspices of the United Nations Environment

Program, are the addition of trade controls on

hydrochlorofluorocarbons (HCFCs), the addition of production controls on HCFCs, the addition of bromochloromethane to the substances controlled under the Montreal Protocol, and the addition of

mandatory reporting requirements on the use of methyl bromide

for quarantine and preshipment purposes. The Beijing Amendment

will constitute a major step forward in protecting public health and

the environment from potential adverse effects of stratospheric

ozone depletion.

By its terms, the Beijing Amendment will enter into force on

January 1, 2001, provided that at least 20 parties have indicated

their consent to be bound. The Beijing Amendment provides that

no State may become a party unless it previously has become (or

simultaneously becomes) a party to the 1997 Montreal Amendment.

The Montreal Amendment is currently before the Senate for its advice and consent to ratification (Senate Treaty Doc. No. 106–10).

I recommend that the Senate give early and favorable consideration to the Beijing Amendment and give its advice and consent to

ratification, at the same time as it gives its advice and consent to

ratification of the Montreal Amendment.

WILLIAM J. CLINTON.

THE WHITE HOUSE, June 22, 2000.

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LETTER OF SUBMITTAL

DEPARTMENT OF STATE, Washington, March 24, 2000.

The PRESIDENT,

The White House.

THE PRESIDENT: I have the honor to submit to you the Amendment to the Montreal Protocol on Substances that Deplete the

Ozone Layer (‘‘Montreal Protocol’’), adopted at Beijing December 3,

1999, by the Eleventh Meeting of the Parties to the Montreal Protocol. I recommend that the Amendment (the ‘‘Beijing Amendment’’) be transmitted to the Senate for its advice and consent to

ratification.

The Montreal Protocol, which the United States ratified in 1988,

is the most important international instrument for the protection

of an essential component of the global environment, the stratospheric ozone layer. U.S. leadership in protecting the ozone layer,

besides being critical to the success of this global environmental endeavor, works to safeguard public health. The gradual loss of the

stratospheric ozone layer, which the Montreal Protocol seeks to reverse, has been causally linked to, for instance, a higher incidence

of skin cancers, cataracts, and damage to ecosystems.

A multilateral regime such as that provided by the Protocol is

necessary to control emissions of ozone-depleting substances because such emissions anywhere could affect the ozone layer globally. The Beijing Amendment and adjustments to the Protocol

adopted in 1999 will, when implemented, constitute another major

step forward in protecting public health and the environment from

potential adverse effects of stratospheric ozone depletion.

This is the fourth amendment to the Montreal Protocol; the first

amendment (the ‘‘London Amendment’’), to which the United

States is a party, entered into force on August 10, 1992. The second

amendment (the ‘‘Copenhagen Amendment’’), to which the United

States is also a party, entered into force on June 14, 1994. The

third amendment (the ‘‘Montreal Amendment’’), which is currently

before the Senate for its advice and consent to ratification, entered

into force on November 10, 1999.

The Beijing Amendment is the product of several months of negotiations under the auspices of the United Nations Environment

Program. During the negotiations, the Department of State coordinated with all relevant federal agencies and consulted closely with

Congress, industry, and environmental groups.

The principal features of the Beijing Amendment are:

• the addition of bromochloromethane as a controlled substance under the Montreal Protocol, along with associated conVerDate 11-MAY-2000 00:25 Jun 25, 2000 Jkt 079118 PO 00000 Frm 00005 Fmt 7633 Sfmt 7633 E:\HR\OC\TD032.XXX pfrm02 PsN: TD032
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trol measures (such as a phaseout of production and consumption by January 1, 2002, subject to essential use decisions, and

a ban on trade of this substance with non-Parties); • the addition of a freeze in the level of production of

hydrochlorofluorocarbons (‘‘HCFCs’’) from January 1, 2004; • the addition of a ban on trade with non-Parties in HCFCs

from January 1, 2004; and • the addition of reporting requirements on the annual use

of methyl bromide for quarantine and preshipment purposes.

The United States will have the legal authority to implement its

obligations under the Beijing Amendment under Title 6 of the

Clean Air Act, as amended (including, e.g., sections 602, 604, 605,

606, 614, and 615). Certain new regulations will be required for the

United States to carry out its obligations under the Amendment.

By its terms, the amendment will enter into force on January 1,

2001, provided that at least twenty Parties to the Montreal Protocol have deposited their instruments of ratification, acceptance or

approval. In accordance with Article 2 of the Beijing Amendment,

no State may deposit an instrument of ratification to the amendment unless it has previously or simultaneously become a party to

the Montreal Amendment. Thus, U.S. ratification of the Beijing

Amendment will require its previous or simultaneous ratification of

the 1997 Montreal Amendment.

Ratification by the United States of both these amendments is

important to demonstrate to the rest of the world the U.S. commitment to the preservation of the stratospheric ozone layer. Early

ratification of the Beijing Amendment will also encourage the wide

participation necessary for full realization of its goals. Ratification

is consistent with U.S. foreign policy and environmental and economic interests.

I recommend that the Beijing Amendment be transmitted to the

Senate for advice and consent to ratification at an early date.

Respectfully submitted.

STROBE TALBOT.

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