Proposal for a Council Decision  concerning the conclusion of the fourth amendment to the Montreal Protocol on substances that deplete the ozone layer
Date: 2001-05-08
Institutions: European Commission
Subjects: amendment, environmental protection, pollutant, protocol to an agreement, stratospheric pollution

31.7.2001

EN

Official Journal of the European Communities

C 213 E/251

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

(2001/C 213 E/12)

(Text with EEA relevance)

COM(2001) 249 final (cid:151) 2001/0101(CNS)

(Submitted by the Commission on 8 May 2001)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Articles 174(4) and 133 in
conjunction with the first sentence of Article 300(2) and first
subparagraph 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) 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,
by Decision 94/68/EC (4) has
second
and by Decision
to the
amendment
2000/646/EC (5) has approved the third amendment
to
the said Protocol.

approved the

said Protocol

(2) 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 1997 and the same
evidence indicates that there should be additional measures
to control production of ozone-depleting substances and in
particular
new
substances.

hydrochlorofluorocarbons

and

on

(3) A fourth amendment to the Montreal Protocol introducing
these controls has been adopted by the parties in December
1999 in Beijing.

(5) The Community has adopted measures in the area covered
by the amendment, notably in Regulation EC 2037/2000 of
the European Parliament and of the Council of 29 June
2000 on substances that deplete the ozone layer (6) and,
given its exclusive competence to adopt measures that
regulate trade between the Community and third countries,
it
international
commitments in that area.

undertake

therefore,

should,

any

(6) It is necessary for the Community to approve the fourth
amendment to the Montreal Protocol because its provisions
relate to production and trade in controlled substances
between the Community and other Parties, the implemen-
tation of which is the responsibility of the Community.

HAS DECIDED AS FOLLOWS:

Article 1

The fourth 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

this

The President of the Council is hereby authorised to designate
the person or persons empowered to deposit the instrument of
the
approval of
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 fourth amendment to the Montreal Protocol.

fourth amendment on behalf of

Article 3

(4) The Commission, on behalf of the Community, took part in

the negotiation and adoption of this amendment.

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

(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.
(5) OJ L 272, 25.10.2000, p. 26.

(6) OJ L 244, 29.9.2000, p. 1.

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Official Journal of the European Communities

31.7.2001

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

ANNEX

Article 1

Amendment

A. Article 2, paragraph 5

In paragraph 5 of Article 2 of the Protocol, for the words:
(cid:145)Articles 2 A to 2 F(cid:146).

(cid:145)Articles 2 A to 2 E(cid:146) there shall be substituted:

B. Article 2, paragraphs 8(a) and 11

In paragraphs 8(a) and 11 of Article 2 of the Protocol, for the words:
substituted: (cid:145)Articles 2 A to 2 I(cid:146).

(cid:145)Articles 2 A to 2 H(cid:146) there shall be

C. Article 2 F, paragraph 8

The following paragraph shall be added after paragraph 7 of Article 2 F of the Protocol:

(cid:145)Each Party producing one or more of
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:

these substances shall ensure that

(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 paragraph 1 of Article 5,
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.(cid:146)

D. Article 2 I

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

(cid:145)Article 2 I: Bromochloromethane

Each Party shall ensure that for the twelve-month period commencing on 1 January 2002, and in each
the controlled
twelve-month period thereafter,
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.(cid:146)

its calculated level of consumption and production of

E. Article 3

In Article 3 of the Protocol, for the words: (cid:145)Articles 2, 2 A to 2 H(cid:146) there shall be substituted: (cid:145)Articles 2, 2 A to
2 I.(cid:146)

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:

(cid:145)1 quin.
Annex C from any State not party to this Protocol.

As of 1 January 2004, each Party shall ban the import of the controlled substances in Group I of

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.(cid:146)

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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:

(cid:145)2 quin.
Annex C to any State not party to this Protocol.

As of 1 January 2004, each Party shall ban the export of the controlled substances in Group I of

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.(cid:146)

H. Article 4, paragraphs 5 to 7

In paragraphs 5 to 7 of Article 4 of the Protocol, for the words: (cid:145)Annexes A and B, Group II of Annex C and
Annex E(cid:146) there shall be substituted: (cid:145)Annexes A, B, C and E.(cid:146)

I. Article 4, paragraph 8

In paragraph 8 of Article 4 of the Protocol, for the words: (cid:145)Articles 2 A to 2 E, Articles 2 G and 2 H(cid:146) there shall
be substituted: (cid:145)Articles 2 A to 2 I.(cid:146)

J. Article 5, paragraph 4

In paragraph 4 of Article 5 of the Protocol, for the words:
(cid:145)Articles 2 A to 2 I.(cid:146)

(cid:145)Articles 2 A to 2 H(cid:146) there shall be substituted:

K. Article 5, paragraphs 5 and 6

In paragraphs 5 and 6 of Article 5 of the Protocol, for the words: (cid:145)Articles 2 A to 2 E(cid:146) there shall be substituted:
(cid:145)Articles 2 A to 2 E and Article 2 I.(cid:146)

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:

(cid:145)As of 1 January 2016 each Party operating under paragraph 1 of this Article shall comply with the control
measures set out in paragraph 8 of Article 2 F 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;(cid:146)

M. Article 6

In Article 6 of the Protocol, for the words: (cid:145)Articles 2 A to 2 H(cid:146) there shall be substituted: (cid:145)Articles 2 A to 2 I.(cid:146)

N. Article 7, paragraph 2

In paragraph 2 of Article 7 of the Protocol, for the words: (cid:145)Annexes B and C(cid:146) there shall be substituted: (cid:145)Annex
B and Groups I and II of Annex C.(cid:146)

O. Article 7, paragraph 3

The following sentence shall be added after the first sentence of paragraph 3 of Article 7 of the Protocol:

(cid:145)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.(cid:146)

P. Article 10

In paragraph 1 of Article 10 of the Protocol, for the words: (cid:145)Articles 2 A to 2 E(cid:146) there shall be substituted:
(cid:145)Articles 2 A to 2 E and Article 2 I.(cid:146)

Q. Article 17

In Article 17 of the Protocol, for the words: (cid:145)Articles 2 A to 2 H(cid:146) there shall be substituted: (cid:145)Articles 2 A to 2 I.(cid:146)

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R. Annex C

The following group shall be added to Annex C to the Protocol:

(cid:145)Group, Substance, Number of Isomers, Ozone-Depleting Potential

Group III

CH2BrCl bromochloromethane 1 0,12.(cid:146)

Article 2

Relationship to the 1997 Amendment

No 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 3

Entry into force

1.
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.

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

2.
sation 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.