Amendment to the Montreal protocol on substances that deplete the ozone layer
Date: 1999-12-03
Institutions: European Community
Subjects: environmental cooperation, environmental policy, international convention, multilateral agreement, ozone, pollution control measures, protocol to an agreement, revision of an agreement, stratospheric pollutant, stratospheric pollution













EUR-Lex - 22002A0314(01) - EN






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22002A0314(01)

Amendment to the Montreal protocol on substances that deplete the ozone layer  


Official Journal L 072 , 14/03/2002 P. 0020 - 0022 





ANNEXAMENDMENT TO THE MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE LAYERArticle 1AmendmentA. Article 2, paragraph 5In Article 2, paragraph 5 of the Protocol, for the words: "Articles 2A to 2E"there shall be substituted: "Articles 2A to 2F".B. Article 2, paragraphs 8(a) and 11In Article 2, paragraphs 8(a) and 11 of the Protocol, for the words: "Articles 2A to 2H"there shall be substituted: "Articles 2A to 2I".C. Article 2F, paragraph 8The following paragraph shall be added after Article 2F, paragraph 7 of the Protocol: "8. Each Party producing one or more of these substances shall ensure that for the twelve-month period commencing on 1 January 2004, and in each twelve-month period thereafter, its calculated level of production of the controlled substances in Group I of Annex C does not exceed, annually, the average of:(a) the sum of its calculated level of consumption in 1989 of the controlled substances in Group I of Annex C and two point eight per cent of its calculated level of consumption in 1989 of the controlled substances in Group I of Annex A; and(b) the sum of its calculated level of production in 1989 of the controlled substances in Group I of Annex C and two point eight per cent of its calculated level of production in 1989 of the controlled substances in Group I of Annex A.However, in order to satisfy the basic domestic needs of the Parties operating under Article 5, paragraph 1, its calculated level of production may exceed that limit by up to ten per cent of its calculated level of production of the controlled substances in Group I of Annex C as defined above.".D. Article 2IThe following Article shall be inserted after Article 2H of the Protocol: "Article 2IBromochloromethaneEach Party shall ensure that for the twelve-month period commencing on 1 January 2002, and in each twelve-month period thereafter, its calculated level of consumption and production of the controlled substance in Group III of Annex C 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.".E. Article 3In Article 3 of the Protocol, for the words: "Articles 2, 2A to 2H"there shall be substituted: "Articles 2, 2A to 2I".F. Article 4, paragraphs 1 quin. and 1 sex.The following paragraphs shall be added to Article 4 of the Protocol after paragraph 1 qua: "1 quin. As of 1 January 2004, each Party shall ban the import of the controlled substances in Group I of Annex C from any State not Party to this Protocol.1 sex. Within one year of the date of entry into force of this paragraph, each Party shall ban the import of the controlled substance in Group III of Annex C from any State not Party to this Protocol.".G. Article 4, paragraphs 2 quin. and 2 sex.The following paragraphs shall be added to Article 4 of the Protocol after paragraph 2 qua: "2 quin. As of 1 January 2004, each Party shall ban the export of the controlled substances in Group I of Annex C to any State not Party to this Protocol.2 sex. Within one year of the date of entry into force of this paragraph, each Party shall ban the export of the controlled substance in Group III of Annex C to any State not Party to this Protocol.".H. Article 4, paragraphs 5 to 7In Article 4, paragraphs 5 to 7 of the Protocol, for the words: "Annexes A and B, Group II of Annex C and Annex E"there shall be substituted: "Annexes A, B, C and E".I. Article 4, paragraph 8In Article 4, paragraph 8 of the Protocol, for the words: "Articles 2A to 2E, Articles 2G and 2H"there shall be substituted: "Articles 2A to 2I".J. Article 5, paragraph 4In Article 5, paragraph 4 of the Protocol, for the words: "Articles 2A to 2H"there shall be substituted: "Articles 2A to 2I".K. Article 5, paragraphs 5 and 6In Article 5, paragraphs 5 and 6 of the Protocol, for the words: "Articles 2A to 2E"there shall be substituted: "Articles 2A to 2E and Article 2I".L. Article 5, paragraph 8 ter (a)The following sentence shall be added at the end of subparagraph 8 ter (a) of Article 5 of the Protocol: "As of 1 January 2016 each Party operating under paragraph 1 of this Article shall comply with the control measures set out in Article 2F, paragraph 8, and, as the basis for its compliance with these control measures, it shall use the average of its calculated levels of production and consumption in 2015;".M. Article 6In Article 6 of the Protocol, for the words: "Articles 2A to 2H"there shall be substituted: "Articles 2A to 2I".N. Article 7, paragraph 2In Article 7, paragraph 2 of the Protocol, for the words: "Annexes B and C"there shall be substituted: "Annex B and Groups I and II of Annex C".O. Article 7, paragraph 3The following sentence shall be added after the first sentence of Article 7, paragraph 3 of the Protocol: "Each Party shall provide to the Secretariat statistical data on the annual amount of the controlled substance listed in Annex E used for quarantine and pre-shipment applications.".P. Article 10, paragraph 1In Article 10, paragraph 1 of the Protocol, for the words: "Articles 2A to 2E"there shall be substituted: "Articles 2A to 2E and Article 2I".Q. Article 17In Article 17 of the Protocol, for the words: "Articles 2A to 2H"there shall be substituted: "Articles 2A to 2I".R. Annex CThe following group shall be added to Annex C to the Protocol: >TABLE>Article 2Relationship to the 1997 AmendmentNo State or regional economic integration organisation may deposit an instrument of ratification, acceptance or approval of or accession to this Amendment unless it has previously, or simultaneously, deposited such an instrument to the Amendment adopted at the Ninth Meeting of the Parties in Montreal, 17 September 1997.Article 3Entry into force1. This Amendment shall enter into force on 1 January 2001, 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.2. For the purposes of paragraph 1, any such instrument deposited by a regional economic integration organisation shall not be counted as additional to those deposited by Member States of such organisation.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.