CELEX: 51993PC0102
Language: en
Date: 1993-03-16
Title: Proposal for a COUNCIL DECISION concerning the conclusion of the amendment to the Montreal Protocol on substances that deplete the ozone layer as adopted in November 1992 in Copenhagen by the Parties to the Protocol

HBtSBBd?**^^- ' V
                   COMMISSION OF THE EUROPEAN COMMUNITIES
                                                                  C0M(93) 102 final
                                                                  Brussels, 16 March 1993
   m. '
   ~y~?
                                                 Proposal for a
                                                COUNCIL DECISION
 ÉK:                   concerning the conclusion of the amendment to the Montreal Protocol
                             on substances that deplete the ozone layer as adopted in
                            November 1992 In Copenhagen by the Parties to the Protocol
                                          (presented by the Commission)
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 ---pagebreak---                                EXPLANATORY MEMORANDUM
     1. The Community concluded the Vienna Convention for the Protection of
        the Ozone Layer and the Montreal Protocol on Substances that
        Deplete the Ozone Layer through the Council Decision 88/540CEEC) of
        14 October 1988 (1). The Community also concluded the amendment to
        the Montreal Protocol as adopted in London in 1990 through the
        Council Decision 91/690(EEC) of 12 December 1991 (2).
    2.  The Scientific Evaluation Group of the United Nations Environment
        Programme (UNEP) found the hole in the ozone layer in the Antarctic
         in 1991 to be as deep and extensive as the holes observed in 1987,
        1989 and 1990. For the first time, observations in the Antarctic
        confirmed that the loss of ozone coincides with an increase in
        ultraviolet radiation at ground level. Moreover, the stratospheric
        ozone layer is being depleted more rapidly than expected and ozone
         losses are now being observed over densely populated areas of
        Europe and North America. The satellite-mounted TOMS spectrometer
        measured ozone losses from December to March of - 5.6% ± 3.5% per
        decade over the period 1979 to 1991 at a latitude of 45" North. The
        concentration of chlorine in the stratosphere is expected to
         increase from the present level of 3.3 ppbv (parts per billion
        volume) to 4.1 ppbv in the year 2000. This increase will occur even
         if all the Parties apply the Protocol as amended in 1990.
    3.   In the light of this scientific evidence, the Fifth Action
        Programme underlines the necessity to further accelerate the world
        wide phase down of ozone depleting substances and calls on all
        Parties to the Protocol to adopt stricter control measures than
        those decided in 1990 The Fifth Action Programme also refers to the
        progressive control measures the Community has adopted beyond those
        foreseen by the ProtocolO),
    4.  On the basis of the negotiating directives adopted by the Council
        (4), the Commission, in collaboration with the Member States,
        participated in the negotiations leading to the second amendment
        to the Protocol in November 1992 in Copenhagen. The Commission
        proposal for these negotiating directives have taken into account
        the results of prior consultations with industry.
    5.  The outcome of the negotiations corresponds largely to the
        positions defended by the Community and the Member States: The
        Parties to the Protocol have decided in Copenhagen, inter alia, to
        strengthen existing       controls on chlorofluorocarbons, halons,
        carbon tetrachloride and 1 ,1 ,1-trichloroethane, and to extent the
        controls     to    methyl    bromide,   hydrobromofluorocarbons   and
        hydroch lorof luorocarbons. All these substances will be banned on a
        worldwide basis by 1 January 1996 except hydrochlorofluorocarbons,
        which are temporarily needed to phase out the other substances,
        and methyl bromide, on which there are ongoing investigations.
 (1) 0J L 297, 31 October 1988 P8.
 (2) OJ L 377, 31 December 1991 P28.
(3) C0M(92) 23 final VOL II, 27 March         1992 p.  41, 42, 81    and 84
 (4) Doc 5431/92 ENV 73.
 ---pagebreak---                                       - 2 -
    6.  The ratification of the Copenhagen agreement by the Community will
        not in itself incur any costs within the Community. The internal
        implementation of this second amendment to the Protocol is done
        through Regulation (EEC) No 3952/92 (5), as regards the phase down
       of chlorofluorocarbons, halons, carbon tetrachloride and 1,1,1-
        trichloroethane, and through a new Regulation to be proposed by the
       Commission early in 1993, as regards the control on methyl bromide,
       hydrobromofluorocarbons and hydrochlorofluorocarbons.
   7.  The Community has participated as a major Party to the Protocol in
       all international negotiations in this field since the beginning in
       the mid '80s and acquired a leadership position in the ozone layer
       protection. It is therefore essential that the Community ratify
       this amendment as soon as possible in order to maintain this
        leadership position through a single strong position vis-à-vis its
       key negotiation partners, like the US, Japan, the Russian
       Federation and developing countries.
   8.  The Commission Proposal for a Council Decision concerning the
       conclusion of the second amendment to the Montreal Protocol is
       based on Article 130s, Just as in 1990 the Commission Proposal for
       the ratification of the first amendment, since the Protocol is an
       environmental agreement aiming at restricting the production and
       the consumption of ozone depleting substances. Article 113 has been
       added as a joint legal basis in so far as the Montreal Protocol
       includes trade provisions, which are to be applied to non-
       signatories of the Protocol. The proposed legal basis is without
       prejudice to the question of what is the appropriate legal basis
       for the Community Regulation for the implementation of the second
       amendment of the Protocol.
(5) OJ L 405, 31 December 1992
 ---pagebreak---                  Proposal for a Council Decision .../.../EEC
                       ©f
    concerning the conclusion of the amendment to the Montreal Protoco
          on substances that deplete the ozone layer as adopted in
         November 1992 in Copenhagen by the Parties to the Protocol
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,
and in particular Article 130S and 113 thereof,
Having regard to the Proposal from the Commission,
Having regard to the opinion of the European Parliament,
Having regard to the opinion of the Economic and Social Committee,
Whereas      it    is   established    that    continued    emissions   of
chlorofluorocarbons, halons, carbon tetrachloride, 1,1,1-trichloroethane,
methyl bromide and hydrobromofluorocarbons at current         levels cause
significant damage to the ozone layer; whereas there is an international
consensus that significant reductions in both production and consumption
of such substances are necessary;
Whereas hydrochlorofluorocarbons have a much lower ozone depleting
potential than the above substances and are in certain applications
substitutes for them, but have to be used in a careful manner because of
their impact on the ozone layer-,
Whereas the Community together with all of its Member States have signed
the Vienna Convention for the protection of the ozone layer, hereinafter
referred as the 'Vienna Convention';
Whereas a Protocol supplementary to the Vienna Convention, the Montreal
Protocol on substances that deplete the ozone layer, hereinafter referred
to as the 'Montreal Protocol', was negotiated and adopted on 16 September
1987; whereas the Protocol has been signed by the Community and by a I I of
its Member States; whereas a first amendment to the Protocol was adopted
on 29 June 1990 in London;
Whereas the Community,       in view of the responsibilities for the
environment and trade, has approved, by Decision 88/540/EEC^3) the
Vienna Convention and the Montreal Protocol, and by Decision 91/690 EEC
the first amendment to the Protocol;
(3) O.J. L 297, 31.1©.1«*8, p. 8
 ---pagebreak---  Whereas the most recent scientific evidence indicates that for the
 adequate protection of the ozone layer a higher degree of control of
 chlorofluorocarbons,    halons,   carbon    tetrachloride   and    1,1,1-
 trichloroethane is required than that provided by the Montreal Protocol
 as amended In 1990; whereas the same evidence indicates that additional
 controls should be placed on methyl bromide, hydrobromofluorocarbons and
 hydrochlorofIuorocarbons;
Whereas a second amendment and adjustments to the Montreal Protocol
 implementing these controls have been adopted in Copenhagen in November
 1992 and only the amendment needs to be approved;
Whereas it is necessary for the protection, promotion and improvement of
 the environment to bring into force the second amendment to the Montreal
Protocol, which is based on the principle of preventive action to avoid
 further damage to the ozone layer and on the scientific and technical
data which were available at the time of its adoption;
Whereas, to that end, the Community must approve this second amendment.
Whereas it Is, in particular, necessary for the Community and all Member
States to approve the second amendment to the Montreal Protocol because
some of its provisions can be carried out only if the Community and all
 its Member States approve it;
Whereas in order for all the obligations under the second amendment to be
appropriately carried out, it is necessary that all Member States should
also approve i t;
Whereas this amendment has to be ratified by at least twenty Parties to
the Protocol for its timely entry into force on 1 January 1994, all
Member States should conclude as rapidly as possible their procedures for
ratification of the second amendment, with a view to permit the deposit,
as far as possible simultaneously and in any case before the above date,
of the instruments of approval, acceptance or ratification by the
Community and the Member States,
HAS ADOPTED THIS DECISION:
Art icle 1
The second amendment to the Montreal Protocol on substances that deplete
the ozone layer as adopted in Copenhagen is hereby approved on behalf of
the Community.
The text of this amendment appears as an Annex to this Decision.
 ---pagebreak---                                     - 5 -
Article 2
The President of the Council shall deposit the act of approval of this
second amendment on behalf of the Community with the Secretary General of
the United Nations in accordance with Article 13 of the Vienna
Convention, as read in conjunction with Article 3 of the second amendment
to the Montreal Protocol.
Art icle 3
Member States shall take the necessary steps to permit the deposit, as
far as possible simultaneously, before 30 November          1993 of the
instruments of ratification, acceptance or approval of the second
amendment to the Montreal Protocol by the Community and the Member
States.
Member States will inform the Commission, before 31 October 1993 of their
decision to ratify or of the prospective date of final ization of their
ratification procedures. The Commission, in cooperation with Member
States, shall arrange a date for the simultaneous deposit of the
instruments which shall in any case be before 31 December 1993.
Article 4
This Decision is addressed to the Member States.
                                            For the CounciI
 ---pagebreak---                 AMENDMENT TO THE MONTREAL PROTOCOL ON SUBSTANCES
                          THAT DEPLETE THE OZONE LAYER
                                ARTICLE 1:        AMENDMENT
                           A.    A r t i c i e I, paragraph     4
In paragraph 4 of Article 1 of the Protocol, for the words:
     or in Annex B
     thers shall be substituted:
     , Annex B, Annex C or Annex E
                            B.   Article       1, paragraph     9
     Paragraph 9 of Article 1 of the Protocol shall be deleted.
                            C.    Article 2,       paragraph    5
In paragraph 5 of Article 2 of the Protocol, after the words:
     Articles 2A to 2E
     there shall be added:
     and Article 2H
                         D.    Article 2,       paragraph    5    bis
     The following paragraph shall be inserted after paragraph 5 of Article 2
of the Protocol:
     5 bis.  Any Party not operating under paragraph 1 of Article 5 may, for
     one or more control periods, transfer to another such Party any portion
     of its calculated level of consumption set out in Article 2F, provided
     that the calculated level of consumption of controlled substances in
     Group I of Annex A of the Party transferring the portion of its
     calculated level of consumption did not exceed 0.25 kilograms per capita
     in 1989 and that the total combined calculated levels of consumption of
     the Parties concerned do not exceed the consumption limits set out in
     Article 2F. Such transfer of consumption shall be notified to the
     Secretariat by each of the Parties concerned, stating the terms of such
     transfer and the period for which it is to apply.
                     E.  Article    2,    paragraphs      8 (a)   and 11
In paragraphs 8 (a) and 11 of Article 2 of the Protocol, for the words:
     Articles 2ft to 2E
there shall be substituted each time they occur:
     Articles 2A to 2H
                                                                         /•
 ---pagebreak---                                         -?-
                          F.   Article  2, paragraph      9(a)(i)
In paragraph 9(a)(1) of Article 2 of the Protocol, for the words:
       and/or Annex B
there shall be substituted:
     , Annex B, Annex C and/or Annex E
                     G.  Article    2F:      Hydrochlorofluorocarbons
The following Article shall be inserted after Article 2E of the Protocol:
                       Article   2F:       Hydrochlorofluorocarbons
     1.     Each Party shall ensure that for the twelve-month period commencing
     on 1 January 1996, and in each twelve-month period thereafter, its
     calculated level of consumption of the controlled substances in Group I
     of Annex C does not exceed, annually, the sum of:
             (a)   Three point one per cent of its calculated level of
     consumption in 1989 of the controlled substances in Group I of Annex A;
     and
             (b)   Its calculated level of consumption in 1989 of the controlled
      substances in Group I of Annex C.
      2.    Each Party shall ensure that for the twelve-month period commencing
     on 1 January 2004, and in each twelve-month period thereafter, its
      calculated level of consumption of the controlled substances in Group I
      of Annex C does not exceed, annually, sixty-five per cent of the sum
      referred to in paragraph 1 of this Article.
      3.     Each Party shall ensure that for the twelve-month period commencing
      on 1 January 2010, and in each twelve-month period thereafter, its
      calculated level of consumption of the controlled substances in Group I
      of Annex C does not exceed, annually, thirty-five per cent of the sum
      referred to in paragraph 1 of this Article.
      4.     Each Party shall ensure that for the twelve-month period commencing
      on 1 January 2015, and in each twelve-month period thereafter, its
      calculated' level of consumption of the controlled substances in Group I
      of Annex C does not exceed, annually, ten per cent of the sum referred to
      in paragraph 1 of this Article.
      5. Each Party shall ensure that for the twelve-month period commencing
      on 1 January 2020, and in each twelve-month period thereafter, its
      calculated level of consumption of the controlled substances in Group I
      of Annex C does not exceed, annually, zero point five per cent of the sum
      referred to in paragraph 1 of this Article.
      6.     Each Party shall ensure that for the twelve-month period commencirig
      on 1 January 2030, and in each twelve-month period thereafter, its
      calculated level of consumption of the controlled substances in Group I
      of Annex C does not exceed zero.
      7.     As of 1 January 1996, each Party shall endeavour to ensure that:
             (a)   The use of controlled substances in Group I of Annex C is
      limited to those applications where other more environmentally suitable
      alternative substances or technologies are not available;
                                                                      /...
 ---pagebreak---                                                 - . * •
             (b)   The use of controlled substances in Group I of Annex C is not
     outside the areas of application currently met by controlled substances
      in Annexes A, B and C, except in rare cases for the protection of human
      life or human health; and
             (c)   Controlled substances in Group I of Annex C are selected for
      use in a manner that minimizes ozone depletion, in addition to meeting
     other environmental, safety and economic considerations.
                      H.    Article 2G:                Hydrobromofluorocarbons
The following Article shall be inserted after Article 2F of the Protocol:
                         Article      2G:         Hydrobromofluorocarbons
            Each Party shall ensure that for the twelve-month period commencing
      on 1 January 1996, and in each twelve-month period thereafter, its
      calculated level of consumption of the controlled substances in Group ÏI
      of Annex C does not exceed zero. Each Party producing the substances
      shall, for the same periods, ensure that its calculated level of
      production of the substances 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.
                             I.     Article 2H:         Methyl   Bromide
      The following Article shall be inserted after Article 2G of the Protocol:
                                 Article   2H:    Methyl       Bromide
             Each Party shall ensure that for the ti"îlve--r :>nzh p^rj.^d or. -'_ ; v.
      on 1 January 19S5, and in each twelve-month period Kh _ :<^c.£-c^. , ....*
      calculated level of consumption of the controller ifi.t-;:'C- .: .*i*r:. , "2
      does rot excQ&df annually, its calculated lev-el ~1 ~cnj\.n p> L^r> : 2r* .
      Each Party producing the nvbstance shall, for the *rvic j. r i c à , on..-
      that its calculated, lovel of production of x.he s.-bc'-t "ire doc ' ;o'. r '„' -,
      annually, its calculated level of production in 19SJ ^ Ho^^v^r.          5n >, JL'Z
      to satisfy the basic domestic needs of the Pa? uies operating uo\i.
      paragraph 1 of Article 5e its calculated level of production may e:tct;::a
      that limit by up to ten per cent of its calculated level of production ,'n
      1991. The calculated levels of consumption and production under thic
      Article shall not include the amounts used by the Party for quarantine
      and pre-shipment applications.
                                          J.   Article       3
In Article 3 of the Protocol, for the words:
      2A to 2E
there shall be substituted:
      2A to 2H
and for the words
      or Annex B
 there shall be substituted each time they occur:
       , Annex B, Annex C or Annex E
 ---pagebreak---                                                  - < *  -
                           K»   Article 4,    paragraph   1 ter
The following paragraph shall be inserted after paragraph 1 bis ot Article 4
of the Protocol:
      1 ter-, within one year of the date of entry Into force of this
     paragraphr each Party shall ban the import of any controlled substances
     in Group II of Annex C from any state not party to this Protocol.
                           L.   Article 4,    paragraph   2 t«r
The following paragraph shall be Inserted after paragraph 2 bis of Article 4
of the Protocol:
     2 ter. Commencing one year after the date of entry Into force of this
     paragraph; each Party shall nan the export o£ any controlled substances
     In Group U of Annex C to any State not party of this Protocol.
                          H.    Artiale   4, paragraph 3       ter
The following paragraph shall be inserted after paragraph 3 bis of Article 4
of the Protocol:
     Z ter. Within three years of the date of entry into force of this
     paragraph, the Parties shall/ following the procedures in Article 10 of
     -the Convention,, elaborate in an annex a list of products containing
     controlled substances in Group II of Annex C. Parties that have not
     objected to the annex in accordance with those procedure* shall ban,
     within one year of the annex having become effective, the import of those
     products from any State not party to this Protocol.
                          H. Article 4, paragrapZi 4          ter
The following paragraph shall be inserted after paragraph 4 bis of Article 4
of the Protocols
     4 ter* Within five years of the date of entry into force of this
     paragraph, the parties shall determine feasibility of banning or
     restricting, from States not party to this Protocol, the ispm-i- of
     products produced with, but not containing, controlled substances In
     Group xc of Annex C. If determined feasible, the Parties shall,
     following the procedures in Article 10 of the Convention, elaborate In an
     annex a list of such products* Parties that have not objected to the
     annex in accordance with those procedures shall ban or restrict, within
     one year of the annex having become effective, the import of those
     products from any State not party to this Protocol.
                       O. Article 4, paragraphs         5, € and 7
in paragraphs S, 6 and 7 of Article 4 of the Protocol, for the words:
     controlled substances
there shall be substituted:
     controlled substances In Annexes A and B and Group II of Annex C
                             P*   Article   4, paragraph    8
In paragraph 8 of Article 4 of the Protocol, for the words:
     referred to in paragraphs X, 1 b£&, 3, 3 b±s,          4 and 4 bis and exports
     ref erred to In paragraphs 2 and 2 b±s
                                                                           /-
 ---pagebreak---                                        -Ao-
there shall be substituted:
     and exports referred to in paragraphs 1 to 4 ter       of this Article
and after the words:
     Articles 2A to 2E
there shall be added:
     , Article 2G
                           Q.  Article 4, paragraph     10
The following paragraph shall be inserted after paragraph 9 of Article 4 of
the Protocol:
     10.    By 1 January 1996, the Parties shall consider whether to amend this
     Protocol in order to extend the measures in this Article to trade in
     controlled substances in Group I of Annex C and in Annex E with States
     not party to the Protocol.
                            R.  Article 5, paragraph    1
The following words shall be added at the end of paragraph 1 of Article 5 of
the Protocol:
     , provided that any further amendments to the adjustments or Amendments
     adopted at the Second Meeting of the Parties in London, 29 June 1990,
     shall apply to the Parties operating under this paragraph after the
     review provided for in paragraph 8 of this Article has taken place and
     shall be based on the conclusions of that review.
                         S. Article    5, paragraph   1   bis
     The following paragraph shall be added after paragraph 1 of Article 5 of
the Protocol:
     1 Jbis. The Parties shall, taking into account the review referred to in
     paragraph 8 of this Article, the assessments made pursuant to Article 6
     and any other relevant information, decide by 1 January 1996, through the
     procedure set forth in paragraph 9 of Article 2:
            (a)   With respect to paragraphs 1 to 6 of Article 2F, what base
     year, initial levels, control schedules and phase-out date for
     consumption of the controlled substances in Group I of Annex C will apply
     to Parties operating under paragraph 1 of this Article;
            (b)   With respect to Article 2G, what phase-out date for
     production and consumption of the controlled substances in Group II of
     Annex C will apply to Parties operating under paragraph 1 of this
     Article; and
            (c)   With respect to Article 2H, what base year, initial levels
     and control schedules for consumption and production of the controlled
     substance in Annex E will apply to Parties operating under paragraph 1 of
     this Article.
                            T. Article   5, paragraph   4
In paragraph 4 of Article 5 of the Protocol, for the words:
     Articles 2A to 2E
                                                                        /•--
 ---pagebreak---                                         ~ An-
thère shall be substituted:
     Articles 2A to 2H
                            U. Article 5, paragraph   5
In paragraph 5 of Article 5 of the Protocol, after the words:
      set out in Articles 2A to 2E
there shall be added:
      , and any control measures in Articles 2F to 2H that are decided pursuant
      to paragraph 1 bis of this Article,
                            V. Article  5, paragraph  6
In paragraph 6 of Article 5 of the Protocol, after the words:
      obligations laid down in Articles 2A to 2E
there shall be added:
      , or any or all obligations in Articles 2F to 2H that are decided
      pursuant to paragraph 1 bis of this Article,
                                   W. Article  6
The following words shall be deleted from Article 6 of the Protocol:
      Articles 2A to 2E, and the situation regarding production, imports and
      exports of the transitional substances in Group I of Annex C
 and replaced by
      Articles 2A to 2H
                         X. Article 7, paragraphs   2 and 3
 Paragraphs 2 and 3 of Article 7 of the Protocol shall be replaced by the
 following:
      2.     Each Party shall provide to the Secretariat statistical data on its
      production, imports and exports of each of the controlled substances
             in Annexes B and C, for the year 1989;
             in Annex E,  for the year 1991,
      or the best possible estimates of such data where actual data are not
      available, not later than three months after the date when the provisions
      set out in the Protocol with regard to the substances in Annexes B, C
      and E respectively enter into force for that Party.
      3.     Each Party shall provide to the Secretariat statistical data on its
      annual production (as defined in paragraph 5 of Article 1) of each of the
      controlled substances listed in Annexes A, B, C and E and, separately,
       for each substance,
                   Amounts used for feedstocks,
                   Amounts destroyed by technologies approved by the Parties,
                   and
                   Imports from and exports to Parties and non-Parties
                   respectively,
 ---pagebreak---                                        -Ai-
     for the year during which provisions concerning the substances in
     Annexes A B, C and E respectively entered into force for that Party and
     for each year thereafter. Data shall be forwarded not later than nine
     months after the end of the year to which the data relate.
                         Y. Article    7, paragraph    3   bis
The following paragraph shall be inserted after paragraph 3 of Article 7 of
the Protocol:
     3 bis.       Each Party shall provide to the Secretariat separate
     statistical data of its annual imports and exports of each of the
     controlled substances listed in Group II of Annex A and Group I of Annex
     C that have been recycled.
                            Z. Article    7, paragraph    4
In paragraph 4 of Article 7 of the Protocol, for the words:
     in paragraphs 1, 2 and 3
there shall be substituted:
     in paragraphs 1, 2, 3 and 3 bxs
                         AA.   Article 9, paragraph     1   (a)
The following words shall be deleted from paragraph 1 (a) of Article 9 of the
Protocol:
     and transitional
                           BB.   Article 10, paragraph      1
In paragraph 1 of Article 10 of the Protocol, after the words:
     Articles 2A to 2E
there shall be added:
      , and any control measures in Articles 2F to 2H that are decided pursuant
     to paragraph 1 bis of Article 5~
                        CC.   Article 11, paragraph      4    (g)
The following words shall be deleted from paragraph 4 (o;) of Article 11 of the
Protocol:
     and the situation regarding transitional substances
                                   DD.  Article  17
In Article 17 of the Protocol, for the words:
     Articles 2A to 2E
there shall be substituted:
     Articles 2A to 2H
                                                                   /-
 ---pagebreak---                                                                    -.AV-
                                                            EE.     Annexes
                                                             1.    Annex C
The following annex shall replace Annex C of the Protocol:
                                                                 Annex C
                                                   Controlled                substances
Group                                     Substance                   Number        of                     Ozone            Depleting
                                                                         Isomers                                 Potential*
Group        I
CHFC1 2                                   (HCFC- - 2 1 ) * *                                                    0.04
CHF 2 CI                                  (HCFC- - 2 2 ) * *                                                    0.055
CH2FC1                                    (HCFC- - 3 1 )                                                        0.02
C-HFCl,                                   (HCFC- - 1 2 1 )                                                      0.01      - 0.04
C 2 HF 2 C1,                              (HCFC- - 1 2 2 )                                                      0.02      -0.08
C 2 HF,C1 2                               (HCFC- - 1 2 3 )                                                      0.02      - 0.06
CHC1 2 CF,                                (HCFC- - 1 2 3 ) * *                                                  0.02
C-HFX1                                    (HCFC- - 1 2 4 )                                                      0.02      -0.04
CHFC1CF-                                  (HCFC- - 1 2 4 ) * *                                                  0.022
                                          (HCFC - 1 3 1 )                                                       0.007     -   0.05
                                          (HCFC - 1 3 2 )                                                       0.008 -       0.05
                                          (HCFC - 1 3 3 )                                                       0.02 -        0.06
$ & &                                     (HCFC- - 1 4 1 )                                                      0.005 -       0.07
C 2 H 3 FCl 2                             (HCFC - 1 4 1 b ) * *                                                 0.11
CH^CFClp                                  (HCFC - 1 4 2 )                                                       0.008     -   0.07
c_H 3 F 2 cr                              (HCFC- - 1 4 2 b ) * *                                                0.065
CH^CFpCl                                  (HCFC - 1 5 1 )                       2                               0.003     -   0.005
CJLFCl                                    (HCFC- - 2 2 1 )                      5                               0.015     -   0.07
C,HFC1 £                                  (HCFC- - 2 2 2 )                      9                               0.01      -   0.09
C,HF 2 CI 5                               (HCFC- - 2 2 3 )                    12                                0.01      -   0.08
C,HF 3 C1 4                               (HCFC - 2 2 4 )                     12                                0.01      -   0.09
C3HFXI3                                   (HCFC- - 2 2 5 )                      9                               0.02      -   0.07
C,HF 5 C1 2                               (HCFC - 2 2 5 c a ) * *                                               0.025
CF,CF 2 CHC1 2                            (HCFC - 2 2 5 c b ) * *                                               0.033
CF2C1CF2CHC1F                             (HCFC - 2 2 6 )                       5                               0.02          0.10
C 3 HF 6 C1                               (HCFC - 2 3 1 )                       9                               0.05          0.09
C 3 H 2 FClc                              (HCFC - 2 3 2 )                      16                               0.008         0.10
C                                         (HCFC - 2 3 3 )                     18                                0.007         0.23
   3H2F3Cl3
C H F Cl                                  (HCFC - 2 3 4 )                      16                               0.01          0.28
   3 2 4 2
C3H2F5C1                                  (HCFC - 2 3 5 )                       9                               0.03          0.52
C 3 H 3 FC1,                              (HCFC - 2 4 1 )                      12                               0.004         0.09
C 3 H 3 F 2 C1 3                          (HCFC - 2 4 2 )                      18                               0.005         0.13
          *      Where a r a n g e o f ODPs i s i n d i c a t e d , t h e h i g h e s t v a l u e i n t h a t r a n g e
 s h a l l b e u s e d f o r t h e p u r p o s e s o f t h e P r o t o c o l . The ODPs l i s t e d a s a s i n g l e
 v a l u e have been d e t e r m i n e d from c a l c u l a t i o n s b a s e d on l a b o r a t o r y
m e a s u r e m e n t s . Those l i s t e d a s a r a n g e a r e b a s e d on e s t i m a t e s and a r e l e s s
 certain           The r a n g e p e r t a i n s t o a n i s o m e r i c g r o u p .        The u p p e r v a l u e i s t h e
 e s t i m a t e o f t h e ODP o f t h e i s o m e r w i t h t h e h i g h e s t ODP, a n d t h e l o w e r v a l u e
 i s t h e e s t i m a t e o f t h e ODP o f t h e i s o m e r w i t h t h e l o w e s t ODP.
          **     I d e n t i f i e s t h e m o s t c o m m e r c i a l l y v i a b l e s u b s t a n c e s w i t h ODP v a l u e s
 l i s t e d a g a i n s t them t o b e u s e d f o r t h e p u r p o s e s o f t h e P r o t o c o l .
                                                                                                                      /.
 ---pagebreak---                                          ~4i,-
Group                    Substance       Number of            Ozone        Depleting
                                          Isomers                      Potential*
C,H,F 3 C1 2              (HCFC-243)            Ï8               0.007     -  0.12~
C,H,F^C1                  (HCFC-244)            12               0.009     -   0.14
C 3 H*FC1,                (HCFC-251)            12               0.001     -   0.01
C 3 H 4 F 2 CI 2          (HCFC-252)            16               0.005     -   0.04
C 3 H,F 3 C1              (HCFC-253)            12               0.003     -   0.03
C,H C FC1-                (HCFC-261)              9              0.002     -   0.02
C^3HH*5 F
        F2,CI
            cf            (HCFC-262)              9              0.002     -   0.02
C3H^FC1                   (HCFC-271)              5              0.001     -   0.03
Group         II
CHFBr 2                                           1               1.00
CHF2Br                    (HBFC-22B1)             1              0.74
CH2FBr                                            1              0.73
CJIFBr,                                           2              0.3 -      0.8
cfHF2Br,                                          3              0.5 -      1.8
cfHF,Br2                                          3                0 . 4 - 1 . 6
CpHF.Br                                           2              0.7 -      1.2
C2H 2 FBr 3                                       3                0 . 1 - 1 . 1
clHÎT-Brj                                         4                0 . 2 - 1 . 5
ClHJF^Br                                          3                0 . 7 - 1 . 6
C^HjFBr 2                                         3              0.1 -      1.7
CH,F,Br                                           3              0.2 -      1.1
     "?F&r                                        2              0.07-      0.1
C,HFBr 6                                          5              0.3 - 1.5
C 3 HF 2 Br 5                                     9                0 . 2 - 1 . 9
 CJHFJBr,                                       12               0.3 - 1.8
C 3 HF,Br 3                                     12                 0 . 5 - 2 . 2
CjHFcBrg                                          9              0.9 - 2.0
C,HF.Br                                           5                0 . 7 - 3 . 3
C,H 2 FBr 5                                       9              0 . 1 - 1.9
C 3 H 2 F 2 Br 4                                16                 0 . 2 - 2 . 1
C 3 H 2 F 3 Br3                                 18                 0 . 2 - 5 . 6
CJH^Brj                                         16                0 . 3 - 7 . 5
C 3 H 2 F 5 Br                                    8               0 . 9 - 1 4
C 3 H 3 FBr,                                    12                0.08-1.9
C 3 H 3 F 2 Br 3                                18                 0 . 1 - 3 . 1
C 3 H 3 F 3 Br 2                                18                0 . 1 - 2 . 5
C 3 H 3 F 4 Br                                  12                0 . 3 - 4 . 4
C 3 H 4 FBr 3                                   12               0.03- 0.3
C 3 H A F 2 Br 2                                16                0 . 1 - 1 . 0
C 3 H 4 F,Br                                    12               0.07- 0.8
C 3 H 5 FBr 2                                     9              0.04- 0.4
C^cF^Br
 '3 5 2                                           9              0.07- 0.8
C.H.FBr                                           5              0.02- 0.7
      * Where a range of ODPs is indicated, the highest value in that range shall
be used for the purposes of the Protocol. The ODPs listed as a single value have
been determined from calculations based on laboratory measurements. Those listed
as a range are based on estimates and are less certain. The range pertains to an
isomeric group. The upper value is the estimate of the ODP of the isomer with
the highest ODP, and the lower value is the estimate of the ODP of the isomer
with the lowest ODP.
                                                                       /••
 ---pagebreak---                                           . - AC -
                                    2.  Annex E
The following anaex shall be added to the Protocol:
                                      Annex E
                               Controlled substances
   Group                   Substance                Ozone-depleting
                                                    Potential
   Group I                 methyl bromide           0.7
   CH3Br
                  ARTICLE 2: RELATIONSHIP TO THE 1990 AMENDMENT
    No State or regional economic integration organization 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
Amendment adopted at the Second Meeting of the Parties in London, 29 June 1990.
                           ARTICLE 3: ENTRY INTO FORCE
1. This Amendment shall enter into force on 1 January 1994, provided that at
least twenty instruments of ratification, acceptance or approval of the Amendment
have been deposited by States or regional economic integration organizations 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 organization shall not be counted as additional to those
deposited by member States of such organization.
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.
 ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM (93) 102 final
                                                      DOCUMENTS
EN                                                                              14
                                 Catalogue number : CB-CO-93-124-EN-C
                                                             ISBN 92-77-53751-5
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