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 November 1992 in Copenhagen by the Parties to the Protocol
Date: 1993-03-16
Institutions: European Commission
Subjects: halogen, international convention, pollution control measures, protocol to an agreement, quality of the environment, stratospheric pollution

COMMISSION OF THE EUROPEAN  COMMUNITIES 

C0M(93) 102 final 

Brussels, 16  March  1993 

HBtSBBd?**^^- 'V 

m. ' 

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Proposal  for a 

COUNCIL DECISION 

ÉK: 

concerning  the conclusion of the amendment  to the Montreal  Protocol 
on substances that deplete  the ozone  layer as adopted  in 
November  1992  In Copenhagen by  the Parties to the Protocol 

(presented  by  the Commission) 

Wà»S':ï 

spi; 

ftflfelfcrey 

EXPLANATORY  MEMORANDUM 

1.  The Community concluded  the Vienna Convention  for the Protection of 
the  Ozone  Layer  and  the  Montreal  Protocol  on  Substances  that 
Deplete the Ozone Layer  through  the Council  Decision 88/540CEEC) of 
14 October  1988  (1). The Community  also concluded  the amendment  to 
the  Montreal  Protocol  as  adopted  in  London  in  1990  through  the 
Council  Decision 91/690(EEC) of  12 December  1991 (2). 

2.  The  Scientific  Evaluation  Group  of  the  United  Nations  Environment 
Programme  (UNEP) found  the hole  in the ozone  layer  in the Antarctic 
in 1991  to be as deep and extensive  as the holes observed  in 1987, 
1989  and  1990.  For  the  first  time, observations  in  the  Antarctic 
confirmed  that  the  loss  of  ozone  coincides  with  an  increase  in 
ultraviolet  radiation  at  ground  level. Moreover, the  stratospheric 
ozone  layer  is being  depleted  more  rapidly  than expected  and ozone 
losses  are  now  being  observed  over  densely  populated  areas  of 
Europe  and  North  America.  The  satellite-mounted  TOMS  spectrometer 
measured  ozone  losses  from  December  to March  of  -  5.6% ±  3.5% per 
decade over  the period  1979 to 1991 at a  latitude of 45" North. The 
concentration  of  chlorine  in  the  stratosphere  is  expected  to 
increase  from  the  present  level  of  3.3  ppbv  (parts  per  billion 
volume) to 4.1  ppbv  in the year  2000. This  increase will  occur  even 
if all  the Parties apply  the Protocol  as amended  in 1990. 

3.  In  the  light  of  this  scientific  evidence,  the  Fifth  Action 
Programme underlines  the necessity  to further  accelerate  the world 
wide  phase  down  of  ozone  depleting  substances  and  calls  on  all 
Parties  to  the  Protocol  to  adopt  stricter  control  measures  than 
those decided  in 1990 The Fifth Action Programme also refers to the 
progressive control  measures  the Community  has adopted  beyond  those 
foreseen by the  ProtocolO), 

4.  On  the  basis  of  the  negotiating  directives  adopted  by  the  Council 
(4),  the  Commission,  in  collaboration  with  the  Member  States, 
participated  in  the  negotiations  leading  to  the  second  amendment 
to  the  Protocol  in  November  1992  in  Copenhagen.  The  Commission 
proposal  for  these  negotiating  directives  have  taken  into  account 
the results of prior  consultations with  industry. 

5.  The  outcome  of  the  negotiations  corresponds  largely  to  the 
positions  defended  by  the  Community  and  the  Member  States:  The 
Parties  to the Protocol  have  decided  in Copenhagen,  inter  alia, to 
strengthen  existing  controls  on  chlorofluorocarbons,  halons, 
carbon  tetrachloride  and  1 ,1 ,1-trichloroethane,  and  to  extent  the 
and 
controls 
hydroch lorof luorocarbons. All  these  substances  will  be banned  on a 
worldwide  basis  by  1 January  1996 except  hydrochlorofluorocarbons, 
which  are  temporarily  needed  to  phase  out  the  other  substances, 
and methyl  bromide, on which  there are ongoing  investigations. 

hydrobromofluorocarbons 

bromide, 

methyl 

to 

(1) 0J L 297, 31 October  1988 P8. 
(2) OJ L 377, 31 December  1991 P28. 

(3) C0M(92)  23  final  VOL  II,  27  March  1992  p.  41,  42,  81  and  84 

(4) Doc 5431/92 ENV 73. 

-  2 -

6.  The  ratification  of  the Copenhagen  agreement  by  the Community  will 
not  in  itself  incur  any  costs  within  the  Community.  The  internal 
implementation  of  this  second  amendment  to  the  Protocol  is  done 
through  Regulation  (EEC) No  3952/92  (5), as  regards  the  phase  down 
of  chlorofluorocarbons,  halons,  carbon  tetrachloride  and  1,1,1-
trichloroethane, and  through  a new Regulation  to be proposed  by  the 
Commission  early  in 1993, as regards  the control  on methyl  bromide, 
hydrobromofluorocarbons and hydrochlorofluorocarbons. 

7.  The  Community  has participated  as a major  Party  to  the Protocol  in 
all  international  negotiations  in this field  since  the beginning  in 
the mid  '80s and  acquired  a  leadership  position  in the ozone  layer 
protection.  It  is  therefore  essential  that  the  Community  ratify 
this  amendment  as  soon  as  possible  in  order  to  maintain  this 
leadership  position  through  a single  strong  position  vis-à-vis  its 
key  negotiation  partners,  like  the  US,  Japan,  the  Russian 
Federation  and developing  countries. 

8.  The  Commission  Proposal  for  a  Council  Decision  concerning  the 
conclusion  of  the  second  amendment  to  the  Montreal  Protocol  is 
based  on Article  130s,  Just  as  in 1990 the Commission  Proposal  for 
the  ratification  of  the  first  amendment,  since  the  Protocol  is an 
environmental  agreement  aiming  at  restricting  the  production  and 
the consumption of ozone depleting  substances. Article  113 has been 
added  as  a  joint  legal  basis  in  so  far  as  the  Montreal  Protocol 
includes  trade  provisions,  which  are  to  be  applied  to  non-
signatories  of  the  Protocol.  The  proposed  legal  basis  is  without 
prejudice  to  the  question  of  what  is  the  appropriate  legal  basis 
for  the  Community  Regulation  for  the  implementation  of  the  second 
amendment  of  the Protocol. 

(5) OJ L 405, 31 December  1992 

Proposal  for a Council  Decision  .../.../EEC 

©f 

concerning  the conclusion of  the amendment  to the Montreal  Protoco 
on substances  that deplete  the ozone  layer as adopted  in 
November  1992  in Copenhagen by  the Parties  to the Protocol 

THE COUNCIL OF THE EUROPEAN  COMMUNITIES, 

Having  regard  to the Treaty establishing  the European  Economic  Community, 
and  in particular  Article  130S and  113 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 Economic  and Social  Committee, 

is 

it 

established 

Whereas 
of 
chlorofluorocarbons, halons, carbon  tetrachloride, 1,1,1-trichloroethane, 
methyl  bromide  and  hydrobromofluorocarbons  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; 

emissions 

continued 

that 

Whereas  hydrochlorofluorocarbons  have  a  much  lower  ozone  depleting 
potential  than  the  above  substances  and  are  in  certain  applications 
substitutes  for  them, but  have  to be used  in a careful  manner  because of 
their  impact  on the ozone  layer-, 

Whereas  the Community  together  with  all  of  its Member  States  have  signed 
the Vienna  Convention  for  the protection  of  the ozone  layer,  hereinafter 
referred  as the  'Vienna Convention'; 

Whereas  a  Protocol  supplementary  to  the  Vienna  Convention,  the  Montreal 
Protocol  on substances  that deplete  the ozone  layer, hereinafter  referred 
to as the  'Montreal  Protocol', was negotiated  and adopted on  16 September 
1987; whereas  the Protocol  has been signed  by the Community  and by a I I of 
its Member  States; whereas  a first  amendment  to the Protocol  was  adopted 
on 29 June  1990  in London; 

Whereas  the  Community,  in  view  of  the  responsibilities  for  the 
environment  and  trade,  has  approved,  by  Decision  88/540/EEC^3)  the 
Vienna  Convention  and  the Montreal  Protocol, and  by  Decision  91/690  EEC 
the first  amendment  to the Protocol; 

(3) O.J. L 297, 31.1©.1«*8, p. 8 

Whereas  the  most  recent  scientific  evidence  indicates  that  for  the 
adequate  protection  of  the  ozone  layer  a  higher  degree  of  control  of 
chlorofluorocarbons, 
carbon 
trichloroethane  is  required  than  that  provided  by  the  Montreal  Protocol 
as  amended  In  1990; whereas  the  same  evidence  indicates  that  additional 
controls  should  be  placed  on methyl  bromide,  hydrobromofluorocarbons and 
hydrochlorofIuorocarbons; 

tetrachloride 

halons, 

1,1,1-

and 

Whereas  a  second  amendment  and  adjustments  to  the  Montreal  Protocol 
implementing  these  controls  have  been  adopted  in Copenhagen  in  November 
1992 and only  the amendment  needs  to be approved; 

Whereas  it  is necessary  for  the protection,  promotion and  improvement  of 
the environment  to bring  into force  the  second  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  this second  amendment. 

Whereas  it  Is,  in particular, necessary  for  the Community  and  all  Member 
States  to  approve  the  second  amendment  to  the Montreal  Protocol  because 
some of  its provisions  can  be  carried  out  only  if  the Community  and  all 
its Member  States approve  it; 

Whereas  in order  for all  the obligations under  the second  amendment  to be 
appropriately  carried  out,  it  is necessary  that  all  Member  States  should 
also approve  i t; 

Whereas  this  amendment  has  to be  ratified  by  at  least  twenty  Parties  to 
the  Protocol  for  its  timely  entry  into  force  on  1  January  1994,  all 
Member  States should  conclude as rapidly  as possible  their procedures for 
ratification  of  the second  amendment,  with  a view  to permit  the deposit, 
as far  as possible  simultaneously  and  in any case before  the above  date, 
of  the  instruments  of  approval,  acceptance  or  ratification  by  the 
Community  and  the Member  States, 

HAS ADOPTED THIS DECISION: 

Art icle 1 

The  second  amendment  to  the Montreal  Protocol  on  substances  that  deplete 
the ozone  layer  as adopted  in Copenhagen  is hereby  approved  on  behalf of 
the Community. 

The text of  this amendment  appears as an Annex  to this Decision. 

- 5 -

Article 2 

The  President  of  the Council  shall  deposit  the  act  of  approval  of  this 
second  amendment  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 3 of  the second  amendment 
to the Montreal  Protocol. 

Art icle 3 

Member  States  shall  take  the  necessary  steps  to  permit  the  deposit,  as 
far  as  possible  simultaneously,  before  30  November  1993  of  the 
instruments  of  ratification,  acceptance  or  approval  of  the  second 
amendment  to  the  Montreal  Protocol  by  the  Community  and  the  Member 
States. 

Member  States will  inform  the Commission, before 31 October  1993 of  their 
decision  to  ratify  or  of  the  prospective  date  of  final ization  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 31 December  1993. 

Article 4 

This Decision  is addressed  to the Member  States. 

For  the CounciI 

AMENDMENT  TO THE MONTREAL  PROTOCOL ON  SUBSTANCES 
THAT DEPLETE THE OZONE LAYER 

ARTICLE  1:  AMENDMENT 

A.  A r ti c ie  I,  paragraph 

4 

In paragraph  4 of Article 1 of the Protocol, for the words: 

or in Annex B 

thers shall be  substituted: 

, Annex B, Annex C or Annex E 

Paragraph 9 of Article 1 of the Protocol  shall be deleted. 

B.  Article 

1,  paragraph 

9 

C.  Article  2,  paragraph 

5 

In paragraph  5 of Article 2 of the Protocol, after the words: 

Articles 2A to 2E 

there shall be added: 

and Article 2H 

The following paragraph shall be inserted after paragraph 5 of Article 2 

of the Protocol: 

D.  Article  2,  paragraph 

5 

bis 

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

In paragraphs 8  (a) and  11 of Article 2 of the Protocol, for the words: 

E.  Article 

2,  paragraphs 

8  (a)  and  11 

Articles 2ft to 2E 

there shall be substituted each time they occur: 

Articles 2A to 2H 

/• 

- ?-

In paragraph 9(a)(1) of Article 2 of the Protocol, for the words: 

F.  Article 

2,  paragraph 

9(a)(i) 

and/or Annex B 

there shall be  substituted: 

, Annex B, Annex C and/or Annex E 

G.  Article 

2F: 

Hydrochlorofluorocarbons 

The following Article shall be inserted after Article 2E of the Protocol: 

Article 

2F: 

Hydrochlorofluorocarbons 

Each Party shall ensure that  for the twelve-month period  commencing 

1. 
on 1 January  1996, and  in each twelve-month period thereafter,  its 
calculated  level of consumption of the controlled  substances  in Group I 
of Annex C does not exceed, annually, the sum of: 

(a)  Three point one per cent of its calculated  level of 

consumption  in 1989 of the controlled substances  in Group I of Annex A; 
and 

(b)  Its calculated  level of consumption  in 1989 of the controlled 

substances in Group I of Annex C. 

Each Party shall ensure that for the twelve-month period  commencing 

2. 
on 1 January 2004, and  in each twelve-month period thereafter, its 
calculated  level of consumption of the controlled  substances  in Group I 
of Annex C does not exceed, annually, sixty-five per cent of the sum 
referred to in paragraph  1 of this Article. 

Each Party shall ensure that  for the twelve-month period  commencing 

3. 
on 1 January 2010, and  in each twelve-month period thereafter,  its 
calculated  level of consumption of the controlled  substances  in Group I 
of Annex C does not exceed, annually, thirty-five per cent of the sum 
referred to in paragraph  1 of this Article. 

Each Party shall ensure that  for the twelve-month period  commencing 

4. 
on 1 January 2015, and in each twelve-month period thereafter, its 
calculated' level of consumption of the controlled  substances  in Group I 
of Annex C does not exceed, annually, ten per cent of the sum referred to 
in paragraph  1 of this Article. 

5.  Each Party shall ensure that  for the twelve-month period  commencing 
on 1 January  2020, and  in each twelve-month period thereafter,  its 
calculated  level of consumption of the controlled  substances  in Group  I 
of Annex C does not exceed, annually, zero point  five per cent of the sum 
referred to in paragraph  1 of this Article. 

Each Party shall ensure that  for the twelve-month period commencirig 

6. 
on 1 January 2030, and in each twelve-month period thereafter,  its 
calculated  level of consumption  of the controlled  substances  in Group I 
of Annex C does not exceed  zero. 

7. 

As of 1 January  1996, each Party shall endeavour to ensure that: 

(a)  The use of controlled  substances in Group I of Annex C is 

limited to those applications where other more environmentally  suitable 
alternative substances or technologies are not available; 

/... 

-

.

*• 

(b)  The use of controlled substances in Group I of Annex C is not 

outside the areas of application currently met by controlled  substances 
in Annexes A, B and C, except in rare cases for the protection of human 
life or human health;  and 

(c)  Controlled  substances in Group I of Annex C are selected for 

use in a manner that minimizes ozone depletion, in addition to meeting 
other environmental, safety and economic considerations. 

H.  Article  2G: 

Hydrobromofluorocarbons 

The following Article shall be inserted after Article 2F of the Protocol: 

Article 

2G: 

Hydrobromofluorocarbons 

Each Party shall ensure that for the twelve-month period  commencing 

on 1 January  1996, and in each twelve-month period thereafter, its 
calculated  level of consumption of the controlled  substances in Group ÏI 
of Annex C does not exceed zero.  Each Party producing the  substances 
shall, for the same periods, ensure that its calculated  level of 
production of the substances does not exceed zero.  This paragraph will 
apply save to the extent that the Parties decide to permit the level of 
production or consumption that is necessary to satisfy uses agreed by 
them to be essential. 

I.  Article  2H:  Methyl 

Bromide 

The following Article shall be inserted after Article 2G of the Protocol: 

Article 

2H:  Methyl 

Bromide 

Each Party shall ensure that for the ti"îlve--r :>nzh p^rj.^d or. -'_  ; v. 

on 1 January  19S5, and in each twelve-month period  Kh _  :<^c.£-c^. 
calculated level of consumption of the controller  ifi.t-;:'C-  .: .*i*r:. ,  "2 
does rot  excQ&df  annually, its calculated  lev-el  ~1  ~cnj\.n  p>  L^r> :  2r* . 
Each Party producing the nvbstance shall, for the  *rvic  j. r i c à, on..-
that its calculated, lovel of production of x.he s.-bc'-t "ire doc ' ;o'. r '„' -, 
annually,  its calculated  level of production in  19SJ  ^  Ho^^v^r. 
to satisfy the basic domestic needs of the Pa? uies operating uo\i. 
paragraph  1 of Article  5e  its calculated  level of production  may e:tct;::a 
that  limit by up to ten per cent of its calculated  level of production ,'n 
1991.  The calculated  levels of consumption and production under thic 
Article shall not include the amounts used by the Party  for quarantine 
and pre-shipment applications. 

5n  >,  JL'Z 

, ....* 

In Article 3 of the Protocol, for the words: 

J.  Article 

3 

2A to 2E 

there shall be substituted: 

2A to 2H 

and for the words 

or Annex B 

there shall be substituted each time they occur: 

, Annex B, Annex C or Annex E 

-

<* 

-

K»  Article  4,  paragraph 

1 ter 

The following paragraph shall be inserted after paragraph 1  bis  ot  Article 4 
of the Protocol: 

1 ter-,  within one year of the date of entry Into force of this 
paragraph r each Party shall ban the import of any controlled substances 
in Group II of Annex C from any state not party to this Protocol. 

L.  Article  4,  paragraph 

2  t«r 

The following paragraph shall be Inserted after paragraph 2  bis  of Article 4 
of the Protocol: 

2 ter. Commencing one year after the date of entry Into force of this 
paragraph; each Party shall nan the export o£ any controlled substances 
In Group U  of Annex C to any State not party of this Protocol. 

H.  Artiale 

4,  paragraph  3 

ter 

The following paragraph shall be inserted after paragraph 3  bis  of Article 4 
of the Protocol: 

Z ter.  Within three years of the date of 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 Group II of Annex C.  Parties that have not 
objected to the annex in accordance with those procedure* shall ban, 
within one year of the annex having become effective, the import of those 
products from any State not party to this Protocol. 

H.  Article  4,  paragrapZi  4 

ter 

The following paragraph shall be inserted after paragraph 4 bis of Article 4 
of the Protocols 

4 ter*  Within five years of the date of entry into force of this 
paragraph, the parties shall determine feasibility of banning or 
restricting, from States not party to this Protocol, the ispm-i- of 
products produced with, but not containing, controlled substances In 
Group xc of Annex C.  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. 

in paragraphs S, 6 and 7 of Article 4 of the Protocol, for the words: 

O.  Article  4,  paragraphs  5,  € and 7 

controlled substances 

there shall be substituted: 

controlled substances In Annexes A and B and Group II of Annex C 

In paragraph 8 of Article 4 of the Protocol, for the words: 

P*  Article 

4,  paragraph 

8 

referred to in paragraphs  X,  1  b£&,  3,  3  b±s,  4 and 4  bis  and exports 
ref erred to In paragraphs 2 and 2  b±s 

/-

-Ao-

there shall be substituted: 

and exports referred to in paragraphs  1 to 4  ter  of this Article 

and after the words: 

Articles 2A to 2E 

there shall be added: 

, Article 2G 

Q.  Article  4,  paragraph 

10 

The following paragraph shall be inserted after paragraph 9 of Article 4 of 
the Protocol: 

By 1 January  1996, the Parties shall consider whether to amend this 

10. 
Protocol  in order to extend the measures  in this Article to trade in 
controlled  substances in Group I of Annex C and  in Annex E with States 
not party to the Protocol. 

R.  Article  5,  paragraph 

1 

The following words shall be added at the end of paragraph  1 of Article 5 of 
the Protocol: 

, provided that any further amendments to the adjustments or Amendments 
adopted  at the Second Meeting of the Parties in London, 29 June 1990, 
shall apply to the Parties operating under this paragraph after the 
review provided  for in paragraph 8 of this Article has taken place and 
shall be based on the conclusions of that  review. 

S.  Article 

5,  paragraph  1  bis 

The following paragraph shall be added after paragraph 1 of Article 5 of 

the Protocol: 

1 Jbis.  The Parties shall, taking  into account the review referred to in 
paragraph 8 of this Article, the assessments made pursuant to Article 6 
and any other relevant  information, decide by 1 January  1996, through the 
procedure set  forth in paragraph 9 of Article 2: 

(a)  With respect to paragraphs 1 to 6 of Article 2F, what base 

year, initial levels, control schedules and phase-out date for 
consumption  of the controlled  substances in Group I of Annex C will apply 
to Parties operating under paragraph  1 of this Article; 

(b)  With respect to Article 2G, what phase-out date for 
production and consumption of the controlled  substances  in Group II of 
Annex C will apply to Parties operating under paragraph  1 of this 
Article;  and 

(c)  With respect to Article 2H, what base year, initial  levels 
and control schedules  for consumption and production of the controlled 
substance in Annex E will apply to Parties operating under paragraph  1 of 
this Article. 

In paragraph 4 of Article 5 of the Protocol, for the words: 

T.  Article  5,  paragraph  4 

Articles 2A to 2E 

/•--

~ An 

thère shall be substituted: 

Articles 2A to 2H 

In paragraph 5 of Article 5 of the Protocol, after the words: 

U.  Article 5,  paragraph  5 

set out in Articles 2A to 2E 

there shall be added: 

, and any control measures in Articles 2F to 2H that are decided pursuant 
to paragraph 1  bis  of this Article, 

V.  Article 

5,  paragraph  6 

In paragraph 6 of Article 5 of the Protocol, after the words: 

obligations laid down in Articles 2A to 2E 

there shall be added: 

, or any or all obligations in Articles 2F to 2H that are decided 
pursuant to paragraph 1  bis  of this Article, 

W.  Article 

6 

The following words shall be deleted from 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 

and replaced by 

Articles 2A to 2H 

X.  Article  7,  paragraphs  2  and  3 

Paragraphs 2 and 3 of Article 7 of the Protocol shall be replaced by the 
following: 

2. 
production, imports and exports of each of the controlled substances 

Each Party shall provide to the Secretariat statistical data on its 

in Annexes B and C, for the year 1989; 

in Annex E,  for the year 1991, 

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 Annexes B, C 
and E respectively enter into force for that Party. 

3. 
Each Party shall provide to the Secretariat statistical data on its 
annual production (as defined in paragraph 5 of Article 1) of each of the 
controlled substances listed in Annexes A, B, C and E and, separately, 
for each substance, 

Amounts used for feedstocks, 

Amounts destroyed by technologies approved by the Parties, 
and 

Imports from and exports to Parties and non-Parties 
respectively, 

- A i-

for the year during which provisions concerning the substances in 
Annexes A B, C and E respectively 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. 

Y.  Article 

7,  paragraph  3  bis 

The following paragraph shall be inserted after paragraph 3 of Article 7 of 
the Protocol: 

Each Party shall provide to the Secretariat separate 

3  bis. 
statistical data of its annual imports and exports of each of the 
controlled substances listed in Group II of Annex A and Group I of Annex 
C that have been recycled. 

In paragraph 4 of Article 7 of the Protocol, for the words: 

Z.  Article 

7,  paragraph  4 

in paragraphs 1, 2 and 3 

there shall be substituted: 

in paragraphs 1, 2, 3 and 3  bxs 

AA.  Article  9,  paragraph 

1 

(a) 

The following words shall be deleted from paragraph 1 (a) of Article 9 of the 
Protocol: 

and transitional 

In paragraph 1 of Article 10 of the Protocol, after the words: 

BB.  Article  10,  paragraph 

1 

Articles 2A to 2E 

there shall be added: 

, and any control measures in Articles 2F to 2H that are decided pursuant 
to paragraph 1  bis  of  Article 5~ 

CC.  Article  11,  paragraph 

4 

(g) 

The following words shall be deleted from paragraph 4 (o;) of Article 11 of the 
Protocol: 

and the situation regarding transitional substances 

In Article 17 of the Protocol, for the words: 

DD.  Article 

17 

Articles 2A to 2E 

there shall be substituted: 

Articles 2A to 2H 

/-

- . A V-

EE.  Annexes 

1.  Annex C 

The following annex shall replace Annex C of the Protocol: 

Group 

Group 

I 

CHFC12 
CHF2CI 
CH2FC1 
C-HFCl, 
C2HF2C1, 
C2HF,C12 
CHC12CF, 
C-HFX1 
CHFC1CF-

$ && 
C2H3FCl2 
CH^CFClp 
c_H3F2cr 
CH^CFpCl 
C J L F Cl 
C,HFC1£ 
C,HF2CI5 
C,HF3C14 
C3HFXI3 
C,HF5C12 
CF,CF2CHC12 
CF2C1CF2CHC1F 
C3HF6C1 
C3H2FClc 
C3H2F3C l3 
C3H2F4C l2 
C3H2F5C1 
C3H3FC1, 
C3H3F2C13 

Annex C 

Controlled 

substances 

Substance 

Number 

of 

Isomers 

Ozone 

Depleting 

Potential* 

(HCFC-
(HCFC-
(HCFC-
(HCFC-
(HCFC-
(HCFC-
(HCFC-
(HCFC-
(HCFC-
(HCFC 
(HCFC 
(HCFC 
(HCFC-
(HCFC 
(HCFC 
(HCFC-
(HCFC 
(HCFC-
(HCFC-
(HCFC-
(HCFC 
(HCFC-
(HCFC 
(HCFC 
(HCFC 
(HCFC 
(HCFC 
(HCFC 
(HCFC 
(HCFC 
(HCFC 
(HCFC 

- 2 1 ) ** 
- 2 2 ) ** 
- 3 1) 
- 1 2 1) 
- 1 2 2) 
- 1 2 3) 
- 1 2 3 ) ** 
- 1 2 4) 
- 1 2 4 ) ** 
- 1 3 1) 
- 1 3 2) 
- 1 3 3) 
- 1 4 1) 
- 1 4 1 b ) ** 
- 1 4 2) 
- 1 4 2 b ) ** 
- 1 5 1) 
- 2 2 1) 
- 2 2 2) 
- 2 2 3) 
- 2 2 4) 
- 2 2 5) 
- 2 2 5 c a ) ** 
- 2 2 5 c b ) ** 
- 2 2 6) 
- 2 3 1) 
- 2 3 2) 
- 2 3 3) 
- 2 3 4) 
- 2 3 5) 
- 2 4 1) 
- 2 4 2) 

2 
5 
9 
12 
12 
9 

5 
9 
16 
18 
16 
9 
12 
18 

0 . 04 
0 . 0 55 
0 . 02 
0 . 01 
0 . 02 
0 . 02 
0 . 02 
0 . 02 
0 . 0 22 
0 . 0 07 
0.008 
0.02 
0.005 
0 . 11 
0 . 0 08 
0 . 0 65 
0 . 0 03 
0 . 0 15 
0 . 01 
0 . 01 
0 . 01 
0 . 02 
0 . 0 25 
0 . 0 33 
0 . 02 
0 . 05 
0.008 
0.007 
0 . 01 
0 . 03 
0 . 0 04 
0 . 0 05 

-  0.04 
- 0 . 08 
-  0.06 

- 0 . 04 

- 
- 
- 
- 

- 

0 . 05 
0 . 05 
0 . 06 
0 . 07 

0 . 07 

-  0 . 0 05 
0 . 07 
- 
0 . 09 
- 
0 . 08 
- 
0 . 09 
- 
0 . 07 
- 

0 . 10 
0 . 09 
0 . 10 
0 . 23 
0 . 28 
0 . 52 
0 . 09 
0 . 13 

* 

Where  a  r a n ge  of  ODPs 

is 

i n d i c a t e d, 

t he  h i g h e st  v a l ue 

in 

t h at 

r a n ge 

f or 

s h a ll  be  u s ed 
v a l ue  h a ve  b e en  d e t e r m i n ed 
m e a s u r e m e n t s.  T h o se 
c e r t a in 
e s t i m a te  of 
is 

t he  e s t i m a te  of 

t he  ODP  of 

The  r a n ge  p e r t a i ns 

t he  ODP  of 

t he 

t he  p u r p o s es  of 

t he  P r o t o c o l.  The  ODPs 

l i s t ed  as  a 

s i n g le 

f r om  c a l c u l a t i o ns  b a s ed  on 

l a b o r a t o ry 

l i s t ed  as  a  r a n ge  a re  b a s ed  on  e s t i m a t es  a nd  a re 

l e ss 

to  an 
i s o m er  w i th 

i s o m e r ic  g r o u p. 

The  u p p er  v a l ue 

t he  h i g h e st  ODP,  a nd  t he 

is 
l o w er  v a l ue 

t he 

t he 

i s o m er  w i th 

t he 

l o w e st  ODP. 

** 

I d e n t i f i es 

t he  m o st  c o m m e r c i a l ly  v i a b le 

s u b s t a n c es  w i th  ODP  v a l u es 

l i s t ed  a g a i n st 

them  to  be  u s ed 

f or 

t he  p u r p o s es  of 

t he  P r o t o c o l. 

/. 

~4i,-

Group 

Substance 

Number  of 
Isomers 

Ozone 

Depleting 

Potential* 

C,H,F3C12 
C,H,F^C1 
C3H*FC1, 
C3H4F2CI2 
C3H,F3C1 
C,HCFC1- 
^ H * F , cf 
C3H5F2CI 
C3H^FC1 

Group 

II 

CHFBr2 
CHF2Br 
CH2FBr 

CJIFBr, 
c f H F2B r, 
c f H F , B r2 
CpHF.Br 
C2H2FBr3 
c l H Î T - B rj 
ClHJF^Br 
C^HjFBr 2 
C H , F , Br 
"?F&r 

C,HFBr6 
C3HF2Br5 
CJHFJBr, 
C3HF,Br3 
CjHFcBrg 
C,HF.Br 
C,H2FBr5 
C3H2F2Br4 
C3H2F3Br3 
C J H ^ B rj 
C3H2F5Br 
C3H3FBr, 
C3H3F2Br3 
C3H3F3Br2 
C3H3F4Br 
C3H4FBr3 
C3HAF2Br2 
C3H4F,Br 
C3H5FBr2 
C^cF^Br 
'3 5 2 
C.H.FBr 

(HCFC-243) 
(HCFC-244) 
(HCFC-251) 
(HCFC-252) 
(HCFC-253) 
(HCFC-261) 
(HCFC-262) 
(HCFC-262) 
(HCFC-271) 

(HBFC-22B1) 

Ï8 
12 
12 
16 
12 
9 
9 
5 

1 
1 
1 

2 
3 
3 
2 
3 
4 
3 
3 
3 
2 

5 
9 
12 
12 
9 
5 
9 
16 
18 
16 
8 
12 
18 
18 
12 
12 
16 
12 
9 
9 
5 

0 . 0 07 
-  0 . 1 2~ 
0 . 0 09  -  0 . 14 
0 . 0 01  -  0 . 01 
-  0 . 04 
0 . 0 05 
-  0 . 03 
0 . 0 03 
-  0 . 02 
0 . 0 02 
0 . 0 02 
-  0 . 02 
0 . 0 01  -  0 . 03 

1 . 00 
0 . 74 
0 . 73 

0 .3  -  0 .8 
0 .5  -  1 .8 
0 . 4 - 1 .6 
0 .7  -  1 .2 
0 . 1 - 1 .1 
0 . 2 - 1 .5 
0 . 7 - 1 .6 
0 .1  -  1 .7 
0 .2  -  1 .1 
0 . 0 7-  0 .1 

0 .3  -  1 .5 
0 . 2 - 1 .9 
0 .3  -  1 .8 
0 . 5 - 2 .2 
0 .9  -  2 .0 
0 . 7 - 3 .3 
0 .1  -  1 .9 
0 . 2 - 2 .1 
0 . 2 - 5 .6 
0 . 3 - 7 .5 
0 . 9 - 14 
0 . 0 8 - 1 .9 
0 . 1 - 3 .1 
0 . 1 - 2 .5 
0 . 3 - 4 .4 
0 . 0 3-  0 .3 
0 . 1 - 1 .0 
0 . 0 7-  0 .8 
0 . 0 4-  0 .4 
0.07-  0.8 
0.02-  0.7 

*  Where a range of ODPs is indicated, the highest value in that range shall 
be used  for the purposes of the Protocol. The ODPs listed as a single value have 
been determined  from calculations based on laboratory measurements.  Those listed 
as a range are based on estimates and are less certain.  The range pertains to an 
isomeric group.  The upper value is the estimate of the ODP of the isomer with 
the highest ODP, and the lower value is the estimate of the ODP of the isomer 
with the lowest ODP. 

/•• 

.  - AC -

The following anaex shall be added to the Protocol: 

2.  Annex  E 

Annex  E 

Controlled substances 

Group 

Substance 

Ozone-depleting 
Potential 

Group I 
CH3Br 

methyl bromide 

0.7 

ARTICLE 2:  RELATIONSHIP TO THE 1990 AMENDMENT 

No State or regional economic integration organization may deposit an 

instrument of ratification, acceptance, approval or accession to this Amendment 
unless it has previously, or simultaneously, deposited such an instrument to the 
Amendment adopted at the Second Meeting of the Parties in London, 29 June 1990. 

ARTICLE 3:  ENTRY INTO FORCE 

1.  This Amendment shall enter into force on 1 January 1994, provided that at 
least twenty 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 ninetieth 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 ninetieth 
day following the date of deposit of its instrument of ratification, acceptance 
or approval. 

ISSN 0254-1475 

COM (93) 102 final 

DOCUMENTS 

EN 

14 

Catalogue number : CB-CO-93-124-EN-C 

ISBN 92-77-53751-5 

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