17. 1. 91 Official Journal of the European Communities No C 11/19 
A favourable technical evaluation of such proposals shall not by itself be a sufficient justification for 
accepting a project; this exceptional procedure may only apply after verification that the nature of the 
project, as defined above, does not justify the use of the normal procedure for calls for proposals. 
The exceptional procedure shall come into effect after the first call for proposals and must be completed 
before the ordinary procedure in such a way that the available amount for the Community's financial 
participation in projects retained by the ordinary procedure can be determined precisely. The closing 
date for the exceptional procedure shall be published each year in the Official Journal of the European 
Communities. 
When it submits the preliminary draft budget the Commission shall inform the budgetary authority 
whether the appropriations approved in the budget of the previous year have also financed projects 
retained by the exceptional procedure and the amounts allocated. Should these projects cover several 
programmes, it shall state the type of committee which assisted it. 
The amount of the financial participation of the Community for all the projects retained by the excep­
tional procedure will be decided each year, in relation to the projects selected according to particularly 
strict criteria of excellence. In any case this amount may not exceed 10 %; it may be revised each year 
in the light of experience. 
The Commission shall draw up a vade mecum setting out all the rules applicable to this exceptional 
procedure in order to guarantee full transparency. 
5. The projects must involve at least two mutually independent partners established in different Member 
States. 
6. The Commission may encourage the participants to form a European Economic Interest Grouping 
(EEIG) or make other arrangements for carrying out projects, such as those on a large scale, permitting 
decentralized management adapted to the specific requirements of the project. 
7. The knowledge acquired during the course of the projects shall be disseminated on the one hand within 
the specific programme and on the other hand by means of a centralized activity, pursuant to the 
decision referred to in the third paragraph of Article 4 in Decision 90/221 /Euratom, EEC. 
Proposal for a Council Decision concerning the conclusion of the amendment to the Montreal 
Protocol on substances that deplete the ozone layer as adopted in June 1990 in London by the 
Parties to the Protocol 
COM(90) 589 final 
(Submitted by the Commission on 20 December 1990) 
(91/C 11/05) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Article 130s 
thereof, 
Having regard to the proposal from the Commission, Having regard to the opinion of the European 
Parliament, 
Having regard to the opinion of the Social and 
Economic Committee, 
Whereas the Community together with all of its Member 
States signed the Vienna Convention for the protection 
of the ozone layer; 
No C 11/20 Official Journal of the European Communities 17. 1.91 
Whereas it is established that continued emissions of 
ozone-depleting substances at current levels cause 
significant damage to the ozone layer; whereas there is 
an international consensus that significant reductions in 
both production and consumption of such substances are 
necessary; whereas Decisions 80/372/EEC (*) and 
82/795/EEC (2) provide controls which are of limited 
effect and which cover only two such substances (CFC 
11 and CFC 12); 
Whereas a Protocol supplementary to the Vienna 
Convention, the Montreal Protocol on substances that 
deplete the ozone layer, was negotiated and adopted on 
16 September 1987; whereas the Protocol has been 
signed by the Community and by all of its Member 
States; 
Whereas in view of the responsibilities of the Community 
for the environment and trade, the Community has 
approved by Decision 88/540/EEC (3) the Vienna 
Convention and the Montreal Protocol; 
Whereas it is necessary for the protection, promotion 
and improvement of the environment to bring into force 
the amendment to the Montreal Protocol, which is based 
on the principle of preventive action to avoid further 
damage to the ozone layer and on the scientific and 
technical data which were available at the time of its 
adoption; 
Whereas to that end the Community must approve the 
said amendment. 
Whereas the more recent scientific evidence indicates 
that for the adequate protection of the ozone layer a 
higher degree of control of chlorofluorocarbons and 
halons is required than that provided by the Montreal 
Protocol; whereas the same evidence indicates that 
additional controls should be placed on all other fully 
halogenated chlorofluorocarbons, carbon tetrachloride 
and 1,1,1-trichloroethane; 
Whereas an amendment and an adjustment to the 
Montreal Protocol implementing these controls have 
been adopted in June 1990 in London and only the 
amendment needs to be approved; 
Whereas it is, in particular, necessary for the Community 
to approve the amendment to the Protocol because 
certain of its provisions can only be carried 
(») OJ No L 90, 3. 4. 1980, p. 45. 
O OJ No L 329, 25. 11. 1982, p. 29. 
(») OJ No L 297, 31. 10. 1988, p. 8. out if the Community and all its Member States approve 
it; 
Whereas in order for all the obligations under the 
amendment to be appropriately carried out, it is 
necessary that all Member States should also approve it; 
Whereas all Member States should conclude as rapidly as 
possible their procedures for ratification of the 
amendment, with a view to permitting the deposit, as far 
as possible simultaneously, of the instruments of 
approval, acceptance or ratification by the Community 
and the Member States, 
HAS ADOPTED THIS DECISION: 
Article 1 
The amendment to the Montreal Protocol on substances 
that deplete the ozone layer is hereby approved on 
behalf of the Community. 
The text of the amendment appears as an Annex to this 
Decision. 
The original Arabic, Chinese, English, French, Russian 
and Spanish texts are equally authentic. 
Article 2 
The President of the Council shall deposit the act of 
approval of the amendment to the Montreal Protocol on 
behalf of the Community with the Secretary General of 
the United Nations in accordance with Article 13 of the 
Vienna Convention, as read in conjunction with Article 2 
of the amendment to the Montreal Protocol. 
Article 3 
Member States shall take the necessary steps to permit 
the deposit, as far as possible simultaneously, before .. ., 
of the instruments of ratification, acceptance or approval 
of the amendment to the Montreal Protocol by the 
Community and the Member States. 
Member States will inform the Commission, before ..., 
of their decision to ratify or of the prospective date of 
finalization of their ratification procedures. The 
Commission, in cooperation with Member States, shall 
arrange a date for the simultaneous deposit of the 
instruments which shall in any case be before .... 
Article 4 
This Decision is addressed to the Member States. 
17. 1. 91 Official Journal of the European Communities No C 11/21 
ANNEX 
AMENDMENT TO THE MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE 
OZONE LAYER 
ARTICLE 1: AMENDMENT 
A. Preambular paragraphs 
1. The sixth preambular paragraph of the Protocol shall be replaced by the following: 
'DETERMINED to protect the ozone layer by taking precautionary measures to control equitably total 
global emissions of substances that deplete it, with the ultimate objective of their elimination on the basis 
of developments in scientific knowledge, taking into account technical and economic considerations and 
bearing in mind the developmental needs of developing countries.' 
2. The seventh preambular paragraph of the Protocol shall be replaced by the following: 
'ACKNOWLEDGING that special provision is required to meet the needs of developing countries, 
including the provision of additional financial resources and access to relevant technologies, bearing in 
mind that the magnitude of funds necessary is predictable, and the funds can be expected to make a 
substantial difference in the world's ability to address the scientifically established problem of ozone 
depletion and its harmful effects,'. 
3. The ninth preambular paragraph of the Protocol shall be replaced by the following: 
'CONSIDERING the importance of promoting international cooperation in the research, development 
and transfer of alternative technologies relating to the control and reduction of emissions of substances 
that deplete the ozone layer, bearing in mind in particular the needs of developing countries,'. 
B. Article 1: Definitions 
1. Article 1 (4) of the Protocol shall be replaced by the following paragraph: 
'4. "Controlled substance" means a substance in Annex A or in Annex B to this Protocol, whether 
existing alone or in a mixture. It includes the isomers of any such substance, except as specified in 
the relevant Annex, but excludes any controlled substance or mixture which is in a manufactured 
product other than a container used for the transportation or storage of that substance.' 
2. Article 1 (5) of the Protocol shall be replaced by the following paragraph: 
'5. "Production" means the amount of controlled substances produced, minus the amount destroyed by 
technologies to be approved by the Parties and minus the amount entirely used as feedstock in the 
manufacture of other chemicals. The amount recycled and reused is not to be considered as 
"production".' 
3. The following paragraph shall be added to Article 1 of the Protocol: 
'9. "Transitional substance" means a substance in Annex C to this Protocol, whether existing alone or 
in a mixture. It includes the isomers of any such substance, except as may be specified in Annex C, 
but excludes any transitional substance or mixture which is in a manufactured product other than a 
container used for the transportation or storage of that substance.' 
l^oCULu^ C^ffici^]ourn^lofrh^Euroo^nC^ornrnunin^ 1^.1.^1 
C.Art^te^^) 
^rticle2(^) of the Protocol shall be replaced bv the following paragraphs 
'^. AnvPartv mav, for anvone or more control periods, transfer to anotherPartvanvportionof its 
calculated levelof production set out in Articles2Ato2E,provided that the totalcombinedcalculated 
levelsof productionof thePartiesconcernedforanvgroupof controlledsubstancesdonote^ceedthe 
production limits set out in those Articles for that group, ^uch transfer of production shall be notified to 
the ^ecretariatbveachof the Partiesconcerned, stating the terms of such transfer and theperiod for 
whichitistoapplv.' 
10.A^cle2(^) 
The following words shall be inserted in Article2(D) before the words'controlled substances'the first time 
thevoccur^ 
'Anne^AorAnne^^'. 
m^^^te2(^(a) 
The following words shall be added after the words'this Article'wherever thev appear in Article2(^) (a) 
of the Protocols 
'and Articles 2A to 2^'. 
P.Art^te2^)(a)(i) 
The following words shall be added after'^nne^A'inArticle2(^)(a)(i) of the Protocol 
'andBorAnne^85 
O^A^^e^^)^)^) 
The following words shall be deleted from Article2(^) (a) (ii) of the Protocol 
'from l^D levels' 
r^Art^e2(^)(c) 
The following words shall be deleted from Article2(^)(c) of the Protocol 
'representingatleast^O^of the total consumption of the controlled substances of theParties'. 
and replaced bv^ 
'representingamajoritv of the Parties operating under Article (^)(1) present and voting andamaioritv of 
theParties not so operating present and voting'. 
LA^cle^(ru)(b) 
Article2(10)(b) of the Protocol shall be deleted, and Article2(10) (a) of Article2shall become Article2 
(10) 
17. 1.91 Official Journal of the European Communities NoC 11/23 
J. Article 2 (11) 
The following words shall be added after the words 'this Article' wherever they occur in Article 2 (11) of 
the Protocol: 
'and Articles 2A to 2E\ 
K. Article 2C: Other fully halogenated CFCs 
The following paragraphs shall be added to the Protocol as Article 2C: 
'Article 2C: Other fully halogenated CFCs 
1. Each Party shall ensure that for the 12-month period commencing on 1 January 1993, and in each 
12-month period thereafter, its calculated level of consumption of the controlled substances in Group I of 
Annex B does not exceed, annually, 80 % of its calculated level of consumption in 1989. Each Party 
producing one or more of these substances shall, for the same periods, ensure that its calculated level of 
production of the substances does not exceed, annually, 80 % of its calculated level of production in 1989. 
However, in order to satisfy the basic domestic needs of the Parties operating under Article 5 (1), its 
calculated level of production may exceed that limit by up to 10 % of its calculated level of production in 
1989. 
2. Each Party shall ensure that for the 12-month period commencing in 1 January 1997, and in each 
12-month period thereafter, its calculated level of consumption of the controlled substances in Group I of 
Annex B does not exceed, annually, 15 % of its calculated level of consumption in 1989. Each Party 
producing one or more of these substances shall, for the same periods, ensure that its calculated level of 
production of the substances does not exceed, annually, 15 % of its calculated level of production in 1989. 
However, in order to satisfy the basic domestic needs of the Parties operating under Article 5 (1), its 
calculated level of production may exceed that limit by up to 10 % of its calculated level of production in 
1989. 
3. Each Party shall ensure that for the 12-month period commencing on 1 January 2000, and in each 
12-month period thereafter, its calculated level of consumption of the controlled substances in Group I of 
Annex B does not exceed zero. Each Party producing one or more of these substances shall, for the same 
periods, ensure that its calculated level of production of the substances does not exceed zero. However, in 
order to satisfy the basic domestic needs of the Parties operating under Article 5 (1), its calculated level of 
production may exceed that limit by up to 15 % of its calculated level of production in 1989.' 
L. Article 2D: Carbon tetrachloride 
The following paragraphs shall be added to the Protocol as Article 2D: 
'Article 2D: Carbon tetrachloride 
1. Each Party shall ensure that for the 12-month period commencing on 1 January 1995, and in each 
12-month period thereafter, its calculated level of consumption of the controlled substance in Group II of 
Annex B does not exceed, annually, 15 % of its calculated level of consumption in 1989. Each Party 
producing the substance shall, for the same periods, ensure that its calculated level of production of the 
substance does not exceed, annually, 15 % of its calculated level of production in 1989. However, in order 
to satisfy the basic domestic needs of the Parties operating under Article 5 (1), its calculated level of 
production may exceed that limit by up to 15 % of its calculated level of production in 1989. 
2. Each Party shall ensure that for the 12-month period commencing on 1 January 2000, and in each 
12-month period thereafter, its calculated level of consumption of the controlled substance in Group II of 
Annex B does not exceed zero. Each Party producing the substance shall, for the same periods, ensure that 
its calculated level of production of the substance does not exceed zero. However, in order to satisfy the 
basic domestic needs of the Parties operating under Article 5 (1), its calculated level of production may 
exceed that limit by up to 15 % of its calculated level of production in 1989.' 
NoC 11/24 Official Journal of the European Communities 17. 1.91 
M. Article 2E: l,l>l-trichloroethane (methyl chloroform) 
The following paragraphs shall be added to the Protocol as Article 2E: 
'Article 2E: 1,1,1-trichloroethane (methyl chloroform) 
1. Each Party shall ensure that for the 12-month period commencing on 1 January 1993, and in each 
12-month period thereafter, its calculated level of consumption of the controlled substance in Group III of 
Annex B does not exceed, annually, its calculated level of consumption in 1989. Each Party producing the 
substance shall, for the same periods, ensure that its calculated level of production of the substance does 
not exceed, annually, its calculated level of production in 1989. However, in order to satisfy the basic 
domestic needs of the Parties operating under Article 5 (1), its calculated level of production may exceed 
that limit by up to 10 % of its calculated level of production in 1989. 
2. Each Party shall ensure that for the 12-month period commencing on 1 January 1995, and in each 
12-month period thereafter, its calculated level of consumption of the controlled substance in Group III of 
Annex B does not exceed, annually, 70 % of its calculated level of consumption in 1989. Each Party 
producing the substance shall, for the same periods, ensure that its calculated level of production of the 
substance does not exceed, annually, 70 % of its calculated level of consumption in 1989. However, in 
order to satisfy the basic domestic needs of the Parties operating under Article 5 (1), its calculated level of 
production may exceed that limit by up to 10 % of its calculated level of production in 1989. 
3. Each Party shall ensure that for the 12-month period commencing on 1 January 2000, and in each 
12-month period thereafter, its calculated level of consumption of the controlled substance in Group III of 
Annex B does not exceed, annually, 30 % of its calculated level of consumption in 1989. Each Party 
producing the substance shall, for the same periods, ensure that its calculated level of production of the 
substance does not exceed, annually, 30 % of its calculated level of production in 1989. However, in order 
to satisfy the basic domestic needs of Parties operating under Article 5 (1), its calculated level of 
production may exceed that limit by up to 10 % of its calculated level of production in 1989. 
4. Each Party shall ensure that for the 12-month period commencing on 1 January 2005, and in each 
12-month period thereafter, its calculated level of consumption of the controlled substance in Group III of 
Annex B does not exceed zero. Each Party producing the substance shall, for the same periods, ensure that 
its calculated level of production of the substance does not exceed zero. However, in order to satisfy the 
basic domestic needs of the Parties operating under Article 5 (1), its calculated level of production may 
exceed that limit by up to 15 % of its calculated level of production in 1989. 
5. The Parties shall review, in 1992, the feasibility of a more rapid schedule of reductions than that set 
out in this Article.' 
N. Article 3: Calculation of control levels 
1. The following shall be added after 'Articles 2' in Article 3 of the Protocol: 
'2A to 2E\ 
2. The following words shall be added after 'Annex A' each time it appears in Article 3 of the Protocol: 
'or Annex B\ 
O. Article 4: Control of trade with non-parties 
1. Article 4 (1) to Article 4 (5) shall be replaced by the following paragraphs: 
'1. As of 1 January 1990, each Party shall ban the import of the controlled substances in Annex A 
from any State not party to this Protocol. 
1 bis. Within one year of the date of the entry into force of this paragraph, each Party shall ban the 
import of the controlled substances in Annex B from any State not party to this Protocol. 
17. 1.91 Official Journal of the European Communities NoC 11/25 
2. As of 1 January 1993, each Party shall ban the export of any controlled substances in Annex A to 
any State not party to this Protocol. 
2 bis. Commencing one year after the date of entry into force of this paragraph, each Party shall ban 
the export of any controlled substances in Annex B to any State not party to this Protocol. 
3. By 1 January 1992, the Parties shall, following the procedures in Article 10 of the Convention, 
elaborate in an annex a list of products containing controlled substances in Annex A. Parties that have 
not objected to the annex in accordance with those procedures shall ban, within one year of the annex 
having become effective, the import of those products from any State not party to this Protocol. 
3 bis. "Within three years of the date of the entry into force of this paragraph, the Parties shall, 
following the procedures in Article 10 of the Convention, elaborate in an annex a list of products 
containing controlled substances in Annex B. Parties that have not objected to the annex in accordance 
with those procedures shall ban, within one year of the annex having become effective, the import of 
those products from any State not party to this Protocol. 
4. By 1 January 1994, the Parties shall determine the feasibility of banning or restricting, from States 
not party to this Protocol, the import of products produced with, but not containing, controlled 
substances in Annex A. If determined feasible, the Parties shall, following the procedures in Article 10 of 
the Convention, elaborate in an annex a list of such products. Parties that have not objected to the 
annex in accordance with those procedures shall ban, within one year of the annex having become 
effective, the import of those products from any State not party to this Protocol. 
4 bis. Within five years of the date of the entry into force of this paragraph, the Parties shall 
determine the feasibility of banning or restricting, from States not party to this Protocol, the import of 
products produced with, but not containing, controlled substances in Annex B. If determined feasible, 
the Parties shall, following the procedures in Article 10 of the Convention, elaborate in an annex a list 
of such products. Parties that have not objected to the annex in accordance with those procedures shall 
ban or restrict, within one year of the annex having become effective, the import of those products from 
any State not party to this Protocol. 
5. Each Party undertakes to the fullest practicable extent to discourage the export to any State not 
party to this Protocol of technology for producing and for utilizing controlled substances.' 
2. Article 4 (8) of the Protocol shall be replaced by the following paragraph: 
'8. Notwithstanding the provisions of this Article, imports referred to in paragraphs 1, 1 bis, 3, 3 bis, 
4 and 4 bis, and exports referred to in paragraphs 2 and 2 bis, may be permitted from, or to, any State 
not party to this Protocol, if that State is determined by a meeting of the Parties to be in full compliance 
with Article 2, Articles 2A to 2E, and this Article and have submitted data to that effect as specified in 
Article 7.' 
3. The following paragraph shall be added to Article 4 of the Protocol as paragraph 9: 
'9. For the purposes of this Article, the term "State not party to this Protocol" shall include, with 
respect to a particular controlled substance, a State or regional economic integration organization that 
has not agreed to be bound by the control measures in effect for that substance. 
P. Article 5: Special situation of developing countries 
Article 5 of the Protocol shall be replaced by the following: 
'1. Any Party that is a developing country and whose annual calculated level of consumption of the 
controlled substances in Annex A is less than 0,3 kilograms per capita on the date of the entry into force of 
the Protocol for it, or any time thereafter until 1 January 1999, shall, in order to meet its basic domestic 
needs, be entitled to delay for 10 years its compliance with the control measures set out in Articles 2A to 
2E. 
No C 11/26 Official Journal of the European Communities 17. 1.91 
2. However, any Party operating under paragraph 1 of this Article shall exceed neither an annual 
calculated level of consumption of the controlled substances in Annex A of 0,3 kilograms per capita nor an 
annual calculated level of consumption of the controlled substances of Annex B of 0,2 kilograms per capita. 
3. When implementing the control measures set out in Articles 2A to 2E, any Party operating under 
paragraph 1 of this Article shall be entitled to use: 
(a) for controlled substances under Annex A, either the average of its annual calculated level of 
consumption for the period 1995 to 1997 inclusive or a calculated level of consumption of 0,3 
kilograms per capita, whichever is the lower, as the basis for determining its compliance with the 
control measures; 
(b) for controlled substances under Annex B, the average of its annual calculated level of consumption for 
the period 1998 to 2000 inclusive or a calculated level of consumption of 0,2 kilograms per capita, 
whichever is the lower, as the basis for determining its compliance with the control measures. 
4. If a Party operating under paragraph 1 of this Article, at any time before the control measures obli­
gations in Articles 2A to 2E become applicable to it, finds itself unable to obtain an adequate supply of 
controlled substances, it may notify this to the Secretariat. The Secretariat shall forthwith transmit a copy 
of such notification to the Parties, which shall consider the matter at their next meeting, and decide upon 
appropriate action to be taken. 
5. Developing the capacity to fulfil the obligations of the Parties operating under paragraph 1 of this 
Article to comply with the control measures set out in Articles 2A to 2E and their implementation by those 
same Parties will depend upon the effective implementation of the financial cooperation as provided by 
Article 10 and transfer of technology as provided by Article 10A. 
6. Any Party operating under paragraph 1 of this Article may, at any time, notify the Secretariat in 
writing that, having taken all practicable steps it is unable to implement any or all of the obligations laid 
down in Articles 2A to 2E due to the inadequate implementation of Articles 10 and 10A. The Secretariat 
shall forthwith transmit a copy of the notification to the Parties, which shall consider the matter at their 
next meeting, giving due recognition to paragraph 5 of this Article and shall decide upon appropriate 
action to be taken. 
7. During the period between notification and the meeting of the Parties at which the appropriate action 
referred to in paragraph 6 above is to be decided, or for a further period if the meeting of the Parties so 
decides, the non-compliance procedures referred to in Article 8 shall not be invoked against the notifying 
Party. 
8. A meeting of the Parties shall review, not later than 1995, the situation of the Parties operating under 
paragraph 1 of this Article, including the effective implementation of financial cooperation and transfer of 
technology to them, and adopt such revisions that may be deemed necessary regarding the schedule of 
control measures applicable to those Parties. 
9. Decisions of the Parties referred to in paragraphs 4, 6 and 7 of this Article shall be taken according to 
the same procedure applied to decision-making under Article 10.' 
Q. Article 6: Assessment and review of control measures 
The following words shall be added after 'Article 2' in Article 6 of the Protocol: 
'Articles 2A to 2E, and the situation regarding production, imports and exports of the transitional 
substances in Group I of Annex C. 
17. 1.91 Official Journal of the European Communities NoC 11/27 
R. Article 7: Reporting of data 
1. Article 7 of the Protocol shall be replaced by the following: 
'1. Each Party shall provide to the Secretariat, within three months of becoming a Party, statistical 
data on its production, imports and exports of each of the controlled substances in Annex A for the year 
1986, or the best possible estimates of such data where actual data are not available. 
2. Each Party shall provide to the Secretariat statistical data on its production, imports and exports of 
each of the controlled substances in Annex B and each of the transitional substances in Group I of 
Annex C, for the year 1989, or the best possible estimates of such data where actual data are not 
available, not later than three months after the date when the provisions set out in the Protocol with 
regard to the substances in Annex B enter into force for that Party. 
3. Each Party shall provide statistical data to the Secretariat on its annual production (as defined in 
Article 1 (5), and, separately, 
— amounts used for feedstocks, 
— amounts destroyed by technologies approved by the Parties, 
— imports and exports to Parties and non-Parties respectively, 
of each of the controlled substances listed in Annexes A and B as well as of the transitional substances in 
Group I of Annex C, for the year during which provisions concerning the substances in Annex B 
entered into force for that Party and for each year thereafter. Data shall be forwarded not later than 
nine months after the end of the year to which the data relate. 
4. For Parties operating under the provisions of Article 2 (8) (a), the requirements in paragraphs 1, 2 
and 3 of this Article in respect of statistical data on imports and exports shall be satisfied if the regional 
economic integration organization concerned provides data on imports and exports between the 
organization and States that are not members of that organization.' 
S. Article 9: Research, development, public awareness and exchange of information 
Article 9 (1) (a) of the Protocol shall be replaced by the following: 
'(a) Best technologies for improving the containment, recovery, recycling, or destruction of controlled and 
transitional substances or otherwise reducing their emissions;'. 
T. Article 10: Financial mechanism 
Article 10 of the Protocol shall be replaced by the following: 
'Article 10: Financial mechanism 
1. The Parties shall establish a mechanism for the purposes of providing financial and technical 
cooperation, including the transfer of technologies, to Parties operating under Article 5 (1) of this Protocol 
to enable their compliance with the control measures set out in Articles 2A to 2E of the Protocol. The 
mechanism, contributions to which shall be additional to other financial transfers to Parties operating 
under that paragraph, shall meet all agreed incremental costs of such Parties in order to enable their 
compliance with the control measures of the Protocol. An indicative list of the categories of incremental 
costs shall be decided by the meeting of the Parties. 
2. The mechanism established under paragraph 1 shall include a Multilateral Fund. It may also include 
other means of multilateral, regional and bilateral cooperation. 
3. The Multilateral Fund shall: 
(a) meet, on a grant or concessional basis as appropriate, and according to criteria to be decided upon by 
the Parties, the agreed incremental costs; 
NoC 11/28 Official Journal of the European Communities 17. 1.91 
(b) finance clearing-house functions to: 
(i) assist Parties operating under Article 5 (1), through country-specific studies and other technical 
cooperation, to identify their needs for cooperation; 
(ii) facilitate technical cooperation to meet these identified needs; 
(iii) distribute, as provided for in Article 9, information and relevant materials, and hold workshops, 
training sessions, and other related activities, for the benefit of Parties that are developing 
countries; and 
(iv) facilitate and monitor other multilateral, regional and bilateral cooperation available to Parties 
that are developing countries; 
(c) finance the secretarial services of the Multilateral Fund and related support costs. 
4. The Multilateral Fund shall operate under the authority of the Parties who shall decide on its overall 
policies. 
5. The Parties shall establish an Executive Committee to develop and monitor the implementation of 
specific operational policies, guidelines and administrative arrangements, including the disbursement of 
resources, for the purpose of achieving the objectives of the Multilateral Fund. The Executive Committee 
shall discharge its tasks and responsibilities, specified in its terms of reference as agreed by the Parties, with 
the cooperation and assistance of the International Bank for Reconstruction and Development (World 
Bank), the United Nations Environment Programme, the United Nations Development Programme or 
other appropriate agencies depending on their respective areas of expertise. The members of the Executive 
Committee, which shall be selected on the basis of a balanced representation of the Parties operating under 
Article 5 (1) and of the Parties not so operating, shall be endorsed by the Parties. 
6. The Multilateral Fund shall be financed by contributions from Parties not operating under Article 5 
(1) in convertible currency or, in certain circumstances, in kind and/or in national currency, on the basis of 
the United Nations scale of assessments. Contributions by other Parties shall be encouraged. Bilateral and, 
in particular cases agreed by a decision of the Parties, regional cooperation may, up to a percentage and 
consistent with any criteria to be specified by decision of the Parties, be considered as a contribution to the 
Multilateral Fund, provided that such cooperation, as a minimum: 
(a) strictly relates to compliance with the provisions of this Protocol; 
(b) provides additional resources; and 
(c) meets agreed incremental costs. 
7. The Parties shall decide upon the programme budget of the Multilateral Fund for each fiscal period 
and upon the percentage of contributions of the individual Parties thereto. 
8. Resources under the Multilateral Fund shall be disbursed with the concurrence of the beneficiary 
Party. 
9. Decisions by the Parties under this Article shall be taken by consensus whenever possible. If all efforts 
at consensus have been exhausted and no agreement reached, decisions shall be adopted by a two-thirds 
majority vote of the Parties present and voting, representing a majority of the Parties operating under 
paragraph 1 of Article 5 present and voting and a majority of the Parties not so operating present and 
voting. 
10. The financial mechanism set out in this Article is without prejudice to any future arrangements that 
may be developed with respect to other environmental issues.' 
U. Article 10A: Transfer of technology 
The following Article shall be added to the Protocol as Article 10A: 
'Article 10A: Transfer of technology 
Each Party shall take every practicable step, consistent with the programmes supported by the financial 
mechanism, to ensure: 
17. 1. 91 Official Journal of the European Communities No C 11/29 
(a) that the best available, environmentally safe substitutes and related technologies are expeditiously trans­
ferred to Parties operating under Article 5 (1); and 
(b) that the transfers referred to in subparagraph (a) occur under fair and most favourable conditions.5 
V. Article 11: Meetings of the Parties 
Article 11 (4) (g) of the Protocol shall be replaced by the following: 
'(g) Assess, in accordance with Article 6, the control measures and the situation regarding transitional 
substances;'. 
W. Article 17: Parties joining after entry into force 
The following words shall be added after 'as well as under' in Article 17: 
'Articles 2A to 2E, and'. 
X. Article 19: Withdrawal 
Article 19 of the Protocol shall be replaced by the following paragraph: 
'Any Party may withdraw from this Protocol by giving written notification to the Depositary at any time 
after four years of assuming the obligations specified in Article 2A (1). 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.' 
Y. Annexes 
The following annexes shall be added to the Protocol: 
'Annex B 
Controlled substances 
Group 
Group I 
CF3C1 
C2FC15 
C2F2C14 
C3FC17 
C3F2C16 
C3F3C15 
C3F4C14 
C3F5C13 
C3F6C12 
C3F7C1 
Group II 
CC14 
Group III 
C2H3C13 O Substance 
(CFC-13) 
(CFC-111) 
(CFC-112) 
(CFC-211) 
(CFC-212) 
(CFC-213) 
(CFC-214) 
(CFC-215) 
(CFC-216) 
(CFC-217) 
carbon tetrachloride 
1,1,1 -trichloroethane 
(methyl chloroform) Ozone-depleting potential 
1,0 
1,0 
1,0 
1,0 
1,0 
1,0 
1,0 
1,0 
1,0 
1,0 
1,1 
0,1 
(') This formula does not refer to 1,1,2-trichloroethane. 
NoC 11/30 Official Journal of the European Communities 17. 1.91 
Annex C 
Transitional substances 
Group 
Group I 
CHFC12 
CHF2C1 
CH2FC1 
C2HFC14 
C2HF2C13 
C2HF3C12 
C2HF4C1 
C2H2FC13 
C2H2F2C12 
C2H2F3C1 
C2H3FC12 
C2H3F2C1 
C2H4FC1 
C3HFC16 
C3HF2C15 
C3HF3C14 
C3HF4C13 
C3HF5C12 
C3HF6C1 
C3H2FC15 
C3H2F2C14 
C,H2F3C1, 
C3H2F4C12 
C3H2F5C1 
C3H3FC14 
C3H3F2C13 
C3H3F3C12 
C3H3F4C1 
C3H4FC13 
C3H4F2C12 
C3H4F3C1 
C3H5FC12 
C3H5F2C1 
C3H6FCI Substance 
(HCFC-21) 
(HCFC-22) 
(HCFC-31) 
(HCFC-121) 
(HCFC-122) 
(HCFC-123) 
(HCFC-124) 
(HCFC-131) 
(HCFC-132) 
(HCFC-133) 
(HCFC-141) 
(HCFC-142) 
(HCFC-151) 
(HCFC-221) 
(HCFC-222) 
(HCFC-223) 
(HCFC-224) 
(HCFC-225) 
(HCFC-226) 
(HCFC-231) 
(HCFC-232) 
(HCFC-233) 
(HCFC-234) 
(HCFC-235) 
(HCFC-241) 
(HCFC-242) 
(HCFC-243) 
(HCFC-244) 
(HCFC-251) 
(HCFC-252) 
(HCFC-253) 
(HCFC-261) 
(HCFC-262) 
(HCFC-271).' 
17. 1. 91 Official Journal of the European Communities No C 11/31 
ARTICLE 2: ENTRY INTO FORCE 
1. This Amendment shall enter into force on 1 January 1992, provided that at least 20 instruments of 
ratification, acceptance or approval of the Amendment have been deposited by States or regional economic 
integration organizations that are Parties to the Montreal Protocol on Substances that Deplete the Ozone 
Layer. In the event that this condition has not been fulfilled by that date, the Amendment shall enter into 
force on the 90th day following the date on which it has been fulfilled. 
2. For the purposes of paragraph 1, any such instrument deposited by a regional economic integration 
organization shall not be counted as additional to those deposited by member States of such organization. 
3. After the entry into force of this Amendment as provided under paragraph 1, it shall enter into force 
for any other Party to the Protocol on the 90th day following the date of deposit of its instrument of 
ratification, acceptance or approval.