Proposal for a Council Decision concerning the conclusion of the amendment to the Montreal Protocol on substances that deplete the ozone layer
Date: 1999-07-26
Institutions: European Commission
Subjects: environmental protection, export restriction, ozone, protocol to an agreement, stratospheric pollutant

25.1.2000

EN

Official Journal of the European Communities

C 21 E/9

Proposal for a Council Decision concerning the conclusion of the amendment to the Montreal
Protocol on substances that deplete the ozone layer

(2000/C 21 E/03)

(Text with EEA relevance)

COM(1999) 392 final (cid:151) 1999/0157(CNS)

(Submitted by the Commission on 27 July 1999)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 174(4)
in conjunction
with the first sentence of Article 300(2) and first subparagraph
of Article 300(3) thereof,

(5) Whereas it is necessary for the Community to approve the
to the Montreal Protocol because its
third amendment
provisions
substances
in controlled
to trade
relate
between the Community and other Parties, the implemen-
tation of which is the responsibility of the Community;

Having regard to the proposal from the Commission,

HAS DECIDED AS FOLLOWS:

Having regard to the opinion of the European Parliament,

(1) Whereas the Community, in view of its responsibilities for
the environment has, by Decision 88/540/EEC (1) become a
party to the Vienna Convention for the protection of the
ozone layer and the Montreal Protocol on substances that
deplete the ozone layer, and by Decision 91/690/EEC (2)
has approved the first amendment to the said Protocol
and by Decision 94/68/EC has approved the second
amendment to the said Protocol;

(2) Whereas recent evidence indicates that for the adequate
protection of the ozone layer a higher degree of control
of trade in ozone depleting substances is required than is
provided by the Montreal Protocol as amended in 1992;
wheres the same evidence indicates that there should be
additional monitoring and control of trade in controlled
ozone-depleting substances and in particular on methyl
bromide;

(3) Whereas a third amendment

to the Montreal Protocol
introducing these controls has been adopted in Montreal
in September 1997; whereas the Commission, on behalf of
in the negotiation and
took part
the Community,
agreement of this amendment;

(4) Whereas the Community has adopted measures in the area
covered by the amendment and should therefore undertake
international commitments in that area;

Article 1

The third amendment to the Montreal Protocol on substances
that deplete the ozone layer is hereby approved on behalf of
the Community.

The text of this amendment is attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate
the person or persons empowered to deposit the instrument of
approval of this third amendment on behalf of the Community
with the Secretary-General of the United Nations in accordance
with Article 13 of the Vienna Convention for the Protection of
the Ozone Layer as read in conjunction with Article 3 of the
third amendment to the Montreal Protocol.

Article 3

This decision shall be published in the Official Journal of the
European Communities.

(1) OJ L 297, 31.10.1988, p. 8.
(2) OJ L 377, 31.12.1991, p. 28.

C 21 E/10

EN

Official Journal of the European Communities

25.1.2000

Amendment to the Montreal Protocol adopted by the ninth meeting of the parties

Article 1

Amendment

A. Article 4, paragraph 1 qua.

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

(cid:145)1 qua. Within one year of the date of entry into force of
this paragraph, each Party shall ban the import of
the
controlled substance in Annex E from any State not party
to this Protocol.(cid:146)

B. Article 4, paragraph 2 qua.

The following paragraph shall be inserted after paragraph 2 ter
of Article 4 of the Protocol:

(cid:145)2 qua.
into force of
export of
State not party to this Protocol.(cid:146)

Commencing one year after the date of entry
this paragraph, each Party shall ban the
the controlled substance in Annex E to any

C. Article 4, paragraphs 5, 6 and 7

In paragraphs 5, 6 and 7 of Article 4 of the Protocol, for the
words:

(cid:145)and Group II of Annex C(cid:146)

there shall be substituted:

(cid:145)Group II of Annex C and Annex E(cid:146)

D. Article 4, paragraph 8

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

(cid:145)Article 2G(cid:146)

there shall be substituted:

(cid:145)Article 2G and 2H(cid:146)

E. Article 4A

Control of trade with Parties

The following Article shall be added to the Protocol as Article
4A:

(cid:145)1. Where, after the phase-out date applicable to it for a
controlled substance, a Party is unable, despite having taken
all practicable steps to comply with its obligation under the
Protocol,
for
domestic consumption, other than for uses agreed by the
Parties to be essential,
it shall ban the export of used,
recycled and reclaimed quantities of that substance, other
than for the purpose of destruction.

to cease production of

substance

that

F. Article 4B

Licensing

The following Article shall be added to the Protocol as Article
4B:

(cid:145)6.
Each Party shall, by 1 January 2000 or within three
months of the date of entry force of this Article for it,
whichever is the later, establish and implement a system
for licensing the import and export of new, used, recycled
and reclaimed controlled substances in Annexes A, B, C
and E.

Notwithstanding paragraph 1 of this Article, any Party
7.
operating under paragraph 1 of Article 5 which decides it
is not in a position to establish and implement a system for
licensing the import and export of controlled substances in
Annexes C and E, may delay taking those actions until 1
January 2005 and 1 January 2002, respectively.

8.
Each Party shall, within three months of the date of
introducing its licensing system, report to the Secretariat on
the establishment and operation of that system.

The Secretariat shall periodically prepare and circulate
9.
to all Parties a list of the Parties that lave reporteed to it on
their licensing systems and shall forward this information
to the Implementation Committee for consideration and
appropriate recommendations to the Parties.(cid:146)

Article 2

Relationship to the 1992 amendment

No State or regional economic integration organisation may
deposit an instrument of ratification, acceptance, approval or
accession to this Amendment unless it has previously, or simul-
taneously, deposited such an instrument to the Amendment
adopted at the Fourth Meeting of the Parties in Copenhagen,
25 November 1992.

Article 3

Entry into force

This Amendment shall enter into force on 1 January
1.
1999, provided that at least twenty instruments of ratification,
acceptance or approval of the Amendment have been deposited
by States or regional economic integration organisations 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.

For the purposes of paragraph 1, any such instrument
2.
deposited by a regional economic integration organisation shall
not be counted as additional to those deposited by member
States of such organisation.

Paragraph 1 of

this Article shall apply without
2.
prejudice to the operation of Article 11 of the Convention
and the non-compliance procedure developed under Article
8 of the Protocol.(cid:146)

After the entry into force of this Agreement, as provided
3.
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.