2000/646/EC: Council Decision of 17 October 2000 concerning the conclusion of the amendment to the Montreal Protocol on substances that deplete the ozone layer
Date: 2000-10-17
Institutions: Council of the European Union
Subjects: amendment, international convention, ozone, pollution control measures, protocol to an agreement, stratospheric pollutant

L 272/26

EN

Official Journal of the European Communities

25.10.2000

COUNCIL DECISION

of 17 October 2000

concerning the conclusion of the amendment to the Montreal Protocol on substances that deplete
the ozone layer

THE COUNCIL OF THE EUROPEAN UNION,

(5)

(2000/646/EC)

It is necessary for the Community to approve the third
amendment to the Montreal Protocol because its provi-
sions relate to trade in controlled substances between
the Community and other Parties, the implementation of
which is the responsibility of the Community,

HAS DECIDED AS FOLLOWS:

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.

Done at Luxembourg, 17 October 2000.

For the Council

The President

L. FABIUS

Having regard to the Treaty establishing the European
Community, and in particular Article 175(1) in conjunction
with the first sentence of Article 300(2) and the first subpara-
graph of Article 300(3) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

Whereas:

(1)

(2)

(3)

(4)

The Community, in view of its responsibilities for the
environment, has by Decision 88/540/EEC (2) 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 (3) has approved the first amendment to the
said Protocol and by Decision 94/68/EC (4) has approved
the second amendment to the said Protocol.

Recent evidence indicates that for the adequate protec-
tion 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.
The same evidence indicates that there should be addi-
tional monitoring and control of trade in controlled
ozone-depleting substances and in particular on methyl
bromide.

to the Montreal Protocol

intro-
A third amendment
ducing these controls was adopted in Montreal
in
September 1997. The Commission, on behalf of the
Community, took part in the negotiation and agreement
of this amendment.

The Community has adopted measures in the area
covered by the amendment and should therefore under-
take international commitments in that area.

(1) OJ C 21 E, 25.1.2000, p. 9.
(2) OJ L 297, 31.10.1988, p. 8.
(3) OJ L 377, 31.12.1991, p. 28.
(4) OJ L 33, 7.2.1994, p. 1.

25.10.2000

EN

Official Journal of the European Communities

L 272/27

AMENDMENT TO THE MONTREAL PROTOCOL ADOPTED BY THE NINTH MEETING OF THE PARTIES

ANNEX

Article 1

Amendment

A. Article 4, paragraph 1 quater

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

‘1 quater. 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.’

B. Article 4, paragraph 2 quater

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

‘2 quater. Commencing one year after the date of entry into force of this paragraph, each party shall ban the export of

the controlled substance in Annex E to any State not party to this Protocol.’

C. Article 4, paragraphs 5, 6 and 7

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

‘and Group II of Annex C’

there shall be substituted:

‘Group II of Annex C and Annex E’.

D. Article 4, paragraph 8

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

‘Article 2G’

there shall be substituted:

‘Articles 2G and 2H’.

E. Article 4A: Control of trade with parties

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

‘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, to cease production of that substance 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.

2. Paragraph 1 of this Article shall apply without prejudice to the operation of Article 11 of the Convention and the

non-compliance procedure developed under Article 8 of the Protocol.’

F. Article 4B: Licensing

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

‘6. Each party shall, by 1 January 2000 or within three months of the date of entry into 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.

7. Notwithstanding paragraph 1 of this Article, any party 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.

9. The secretariat shall periodically prepare and circulate to all parties a list of the parties that have reported to it on
their licensing systems and shall forward this information to the Implementation Committee for consideration and
appropriate recommendations to the parties.’

L 272/28

EN

Official Journal of the European Communities

25.10.2000

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 simultaneously, deposited such an instrument to the Amend-
ment 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 1999, provided that at least 20 instruments of ratification,
1.
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 90th day following the day on which it has
been fulfilled.

For the purposes of paragraph 1, any such instrument deposited by a regional economic integration organisation

2.
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 90th day following the day of deposit of its instrument of ratification, acceptance or
approval.