2002/215/EC: Council Decision of 4 March 2002 concerning the conclusion of the Fourth Amendment to the Montreal Protocol on substances that deplete the ozone layer
Date: 2002-03-14
Institutions: Council of the European Union
Subjects: dangerous substance, environmental protection, ozone, stratospheric pollutant, stratospheric pollution, trade restriction

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II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 4 March 2002

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

(2002/215/EC)

THE COUNCIL OF THE EUROPEAN UNION,

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 first subparagraph
of Article 300(3) thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the European Parliament (2),

Whereas:

(1)

(2)

The Community, by reason of its responsibilities for the
environment, by Decision 88/540/EEC (3) became 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 (4) approved the First Amendment to the said
Protocol, by Decision 94/68/EC (5) approved the Second
Amendment to the said Protocol and by Decision 2000/
646/EC (6) approved the Third 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 1997.
The same evidence indicates that there should be addi-
tional measures
to control production of ozone-
depleting substances and in particular on hydrochloro-
fluorcarbons and new substances.

(3)

A Fourth Amendment to the Montreal Protocol intro-
ducing these controls was adopted by the Parties in
December 1999 in Beijing.

(1) OJ C 213 E, 31.7.2001, p. 251.
(2) Opinion delivered on 2.10.2001 (not yet published in the Official

Journal).

(3) OJ L 297, 31.10.1988, p. 8.
(4) OJ L 377, 31.12.1991, p. 28.
(5) OJ L 33, 7.2.1994, p. 1.
(6) OJ L 272, 25.10.2000, p. 26.

(4)

(5)

(6)

The Commission, on behalf of the Community, took
part in the negotiation and adoption of that amendment.

The Community has adopted measures in the area
covered by the amendment, in particular in Regulation
(EC) No 2037/2000 of the European Parliament and of
the Council of 29 June 2000 on substances that deplete
the ozone layer (7), and it should, therefore, undertake
international commitments in that area.

It is necessary for the Community to approve the Fourth
Amendment to the Montreal Protocol because its provi-
sions
relate to production and 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

Fourth Amendment

The
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 Fourth Amendment on behalf of

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

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

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

Article 3

Done at Brussels, 4 March 2002.

For the Council

The President

J. MATAS I PALOU

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

ANNEX

Article 1

Amendment

A. Article 2, paragraph 5

In 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 11

In 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 8

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

Each Party producing one or more of

for the twelve-month period
‘8.
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 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 2I

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

‘Article 2I

Bromochloromethane

Each 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 3

In 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.
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 Annex C

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.’.

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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:

‘2 quin.
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 Annex C

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 7

In 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 8

In 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 4

In 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 6

In 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 6

In Article 6 of the Protocol, for the words:

‘Articles 2A to 2H’

there shall be substituted:

‘Articles 2A to 2I’.

N. Article 7, paragraph 2

In 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 3

The 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 1

In 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’.

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Q. Article 17

In Article 17 of the Protocol, for the words:

‘Articles 2A to 2H’

there shall be substituted:

‘Articles 2A to 2I’.

R. Annex C

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

Group

Substance

Number of Isomers

Ozone-Depleting Potential

‘Group III

CH2BrCl

bromochloromethane

1

0,12’

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

This Amendment shall enter into force on 1 January 2001, provided that at least twenty 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 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 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 ninetieth day following the date of deposit of its instrument of ratification, acceptance or
approval.