CELEX: 52017PC0051
Language: en
Date: 2017-02-02
Title: Proposal for a COUNCIL DECISION on the conclusion of the agreement to amend the Montreal Protocol on substances that deplete the ozone layer adopted in Kigali

EUROPEAN COMMISSION
            Brussels, 2.2.2017
            COM(2017) 51 final
            2017/0016(NLE)
            Proposal for a
            COUNCIL DECISION
            on the conclusion of the agreement to amend the Montreal Protocol on substances that deplete the ozone layer adopted in Kigali 
            
               
         
         
            
               EXPLANATORY MEMORANDUM
            
            
               1.CONTEXT OF THE PROPOSAL
            
            
               •Reasons for and objectives of the proposal
            
            
               
                  The proposal is for a Council Decision, to be adopted pursuant to Article 218(6) of the Treaty on the Functioning of the European Union (TFEU), on the conclusion on behalf of the European Union, of the Kigali Amendment to the Montreal Protocol on substances that deplete the ozone layer. The European Union had approved the Vienna Convention for the protection of the ozone layer, the Montreal Protocol and the four previous amendments to the Protocol
                     1
                  .
               
               
                  At the 28th Meeting of the Parties to the Montreal Protocol, which took place in Kigali, Rwanda, from 10th to 15th October 2016, the text of an amendment was adopted, adding a step-wise reduction of the consumption and production of hydrofluorocarbons (HFCs) to the control measures of the Montreal Protocol in view of reducing the contribution of these substance to climate change. Although not ozone depleting, these greenhouse gases were mainly introduced to replace ozone depleting substances that are phased out under the Montreal Protocol.
               
               
                  The Kigali Amendment will enter into force on 1 January 2019, provided that at least 20 parties have deposited their instruments of ratification. However, to underline the European Union's commitment to the amendment and to encourage developing countries to take early action, an early approval should be envisaged, also in view of the intention of other major parties to ratify as early as possible. 
               
            
            
               •Consistency with existing policy provisions in the policy area
            
            
               With the adoption of Regulation (EU) No 517/2014 on fluorinated greenhouse gases in 2014, the European Union has anticipated at domestic level the phase-down of HFCs now agreed under the Montreal Protocol. The implementation of the EU phase-down started in 2015 with a freeze and a first reduction step in 2016. The enforcement mechanisms in place ensure compliance of the European Union with the obligations under the Montreal Protocol until 2030 when the last reduction step under the current Regulation applies. The reduction schedule beyond 2030 is to be determined on the basis of a review starting in 2022, pursuant to Article 21(2) of Regulation (EU) No 517/2014.
            
            
               •Consistency with other Union policies
            
            
               
                  The 2030 climate and energy policy framework for the EU sets an ambitious economy-wide target of reducing greenhouse gas emissions at least 40% domestically by 2030, as well as renewable energy and energy efficiency targets. Implementing the 2030 energy and climate framework is a priority in follow up to the Paris Agreement. As it is acknowledged that any technology used to replace HFC in pursuing the objectives of the Kigali Amendment is at least as energy efficient as the technology replaced, the foreseen HFC phase-down is consistent with the energy policy. Moreover, it is expected that the re-design of refrigeration and air-conditioning systems induced by the necessary replacement of the refrigerants will lead to significant improvements of the energy efficiency, thus making a positive contribution to reaching the targets.
               
            
            
               2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
            
            
               
                  The proposal is made under Article 192(1) together with Article 218(6) TFEU. Article 218 TFEU lays down the procedure for the negotiation and conclusion of agreements between the European Union and third countries or international organisations. In particular, paragraph 6 thereof provides for the Council, on a proposal from the Commission as negotiator, to adopt a decision authorising the conclusion of an agreement on behalf of the European Union. 
               
               
                  In accordance with Article 191 and 192(1) TFEU, the European Union shall contribute to the pursuit, inter alia, of the following objectives: preserving, protecting and improving the quality of the environment; promoting measures at international level to deal with regional or worldwide environmental problems, and in particular combating climate change. 
               
               
                  The envisaged phase-down of HFCs is implemented through Regulation (EU) No 517/2014 that will have to be revised at a later stage in order to ensure compliance with the Kigali Amendment beyond 2030. This can only be achieved through Union legislation. Until 2030, the last year for which the Regulation determines a reduction step, the phase-down schedule is stricter than the future controle measures under the Montreal Protocol. A full impact assessment had been carried out. At this stage, no changes to the Regulation are envisaged that may affect companies.
               
            
            
               2017/0016 (NLE)
            
            
               Proposal for a
            
            
               COUNCIL DECISION
            
            
               on the conclusion of the agreement to amend the Montreal Protocol on substances that deplete the ozone layer adopted in Kigali 
            
            
               THE COUNCIL OF THE EUROPEAN UNION,
            
         
         
            
               Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(1) in conjunction with Article 218(6)(a) thereof,
            
            
               Having regard to the proposal from the European Commission,
            
            
               Having regard to the consent of the European Parliament,
            
            
               Whereas:
            
            
               (1)At the 28th meeting of the Parties to  the Montreal Protocol on substances that deplete the ozone layer
                  2
                (‘the Montreal Protocol’), which took place in Kigali, Rwanda, from 10th to 15th October 2016, the text of an amendment to that Protocol (‘the Kigali amendment') was adopted, adding a stepwise reduction of the consumption and production of hydrofluorocarbons to the control measures of the Montreal Protocol. 
            
            
               (2)A stepwise reduction of the consumption and production of hydrofluorocarbons is necessary to reduce the contribution of those substances to climate change and to prevent their unlimited introduction, in particular in developing countries.
            
            
               (3)The Kigali amendment is a necessary contribution to the implementation of the Paris Agreement as regards its objective to keep the global temperature increase well below 2°C above pre-industrial levels and to pursue efforts to limit the temperature increase even further to 1,5°C above pre-industrial levels.
            
            
               (4)The Kigali amendment should be approved on behalf of the Union,
            
            
            
               HAS ADOPTED THIS DECISION: 
            
            
               Article 1
            
            
               The amendment to the Montreal Protocol on substances that deplete the ozone layer, adopted in Kigali on 15 October 2016, is hereby approved on behalf of the Union. 
            
            
               The text of the amendment is attached to this Decision.
            
            
               Article 2
            
            
               The President of the Council shall designate the person or persons empowered to proceed, on behalf of the Union, to the deposit of the instrument of approval with the Secretary-General of the United Nations provided for in Articles 13(1) and 20 of the Vienna Convention for the protection of the ozone layer
                  3
                in order to express the consent of the Union to be bound by the agreement. 
            
            
               Article 3
            
            
               This Decision shall enter into force on the date following that of its adoption.
            
            
               Done at Brussels,
            
            
               
                     For the Council
               
               
                     The President
               
            
         
         
            
                  
                     (1)
                  91/690/EEC: Council Decision of 12 December 1991 concerning the conclusion of the amendment to the Montreal Protocol on substances that deplete the ozone layer as adopted in June 1990 in London by the Parties to the Protocol, OJ L 377, 31.12.1991, p. 28;94/68/EC: Council Decision of 2 December 1993 concerning the conclusion of the amendment to the Montreal Protocol on substances that deplete the ozone layer, OJ L 33, 7.2.1994, p. 1;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, OJ L 272, 25.10.2000, p. 26;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, OJ L 72, 14.3.2002, p. 18.
               
               
                  
                     (2)
                  OJ L 297, 31.10.1988, p. 21.
               
               
                  
                     (3)
                  OJ L 297, 31.10.1988, p. 8
               
            
      
    ---documentbreak--- 
      
         
               EUROPEAN COMMISSION
            Brussels, 2.2.2017
            COM(2017) 51 final
            ANNEX
            to the 
            Council Decision
            on the conclusion of the agreement  to amend the Montreal Protocol on substances that deplete the ozone layer adopted in Kigali
            
               
         
         
            
            
            
            
               Decision XXVIII/1: Further Amendment of the Montreal Protocol
            
            
               
               K1610214K1610214141116141116To adopt, in accordance with the procedure laid down in paragraph 4 of Article 9 of the Vienna Convention for the Protection of the Ozone Layer, the Amendment to the Montreal Protocol set out in annex I to the report of the Twenty-Eighth Meeting of the Parties;
            
            
               Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer
            
            
               Article I: Amendment
            
            
               Article 1, paragraph 4
            
            
               In paragraph 4 of Article 1 of the Protocol, for the words:
            
            
               “Annex C or Annex E” there shall be substituted:
            
            
               “Annex C, Annex E or Annex F”
            
            
               Article 2, paragraph 5
            
            
               In paragraph 5 of Article 2 of the Protocol, for the words:
            
            
               “and Article 2H” there shall be substituted:
            
            
               “Articles 2H and 2J”
            
            
               Article 2, paragraphs 8 (a), 9(a) and 11
            
            
               In paragraphs 8 (a) and 11 of Article 2 of the Protocol, for the words:
            
            
               “Articles 2A to 2I” there shall be substituted:
            
            
               “Articles 2A to 2J”
            
         
         
            
               The following words shall be added at the end of subparagraph (a) of paragraph 8 of Article 2 of the Protocol:
            
            
               “Any such agreement may be extended to include obligations respecting consumption or production under Article 2J provided that the total combined calculated level of consumption or production of the Parties concerned does not exceed the levels required by Article 2J.”
            
            
               In subparagraph (a) (i) of paragraph 9 of Article 2 of the Protocol, after the second use of the words:
            
            
               “should be;”
            
            
               there shall be deleted:
            
            
               “and”
            
            
               Subparagraph (a) (ii) of paragraph 9 of Article 2 of the Protocol shall be renumbered as subparagraph (a) (iii).
            
            
               The following shall be added as subparagraph (a) (ii) after subparagraph (a) (i) of paragraph 9 of Article 2 of the Protocol:
            
            
               “Adjustments to the global warming potentials specified in Group I of Annex A, Annex C and Annex F should be made and, if so, what the adjustments should be; and”
            
            
               Article 2J
            
            
               The following Article shall be inserted after Article 2I of the Protocol:
            
            
               “Article 2J: Hydrofluorocarbons
            
            
               1.Each Party shall ensure that for the twelve-month period commencing on 1 January 2019, and in each twelve-month period thereafter, its calculated level of consumption of the controlled substances in Annex F, expressed in CO2 equivalents, does not exceed the percentage, set out for the respective range of years specified in subparagraphs (a) to (e) below, of the annual average of its calculated levels of consumption of Annex F controlled substances for the years 2011, 2012 and 2013, plus fifteen per cent of its calculated level of
                  consumption of Annex C, Group I, controlled substances as set out in paragraph 1 of Article 2F, expressed in CO2 equivalents:
            
            
               (a)2019 to 2023: 90 per cent
            
            
               (b)2024 to 2028: 60 per cent
            
            
               (c)2029 to 2033: 30 per cent
            
            
               (d)2034 to 2035: 20 per cent
            
            
               (e)2036 and thereafter: 15 per cent
            
            
               2.Notwithstanding paragraph 1 of this Article, the Parties may decide that a 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 Annex F, expressed in CO2 equivalents, does not exceed the percentage, set out for the respective range of years specified in subparagraphs (a) to (e) below, of the annual average of its calculated levels of consumption of Annex F controlled substances for the years 2011, 2012 and 2013, plus twenty-five per cent of its calculated level of consumption of Annex C, Group I, controlled substances as set out in paragraph 1 of Article 2F, expressed in CO2 equivalents:
            
            
               (a)2020 to 2024: 95 per cent
            
         
         
            
               (b)2025 to 2028: 65 per cent
            
            
               (c)2029 to 2033: 30 per cent
            
            
               (d)2034 to 2035: 20 per cent
            
            
               (e)2036 and thereafter: 15 per cent
            
            
               3.Each Party producing the controlled substances in Annex F shall ensure that for the twelve-month period commencing on 1 January 2019, and in each twelve-month period thereafter, its calculated level of production of the controlled substances in Annex F, expressed in CO2 equivalents, does not exceed the percentage, set out for the respective range of years specified in subparagraphs (a) to (e) below, of the annual average of its calculated levels of production of Annex F controlled substances for the years 2011, 2012 and 2013, plus fifteen per cent of its calculated level of production of Annex C, Group I, controlled substances as set out in paragraph 2 of Article 2F, expressed in CO2 equivalents:
            
            
               (a)2019 to 2023: 90 per cent
            
            
               (b)2024 to 2028: 60 per cent
            
            
               (c)2029 to 2033: 30 per cent
            
            
               (d)2034 to 2035: 20 per cent
            
            
               (e)2036 and thereafter: 15 per cent
            
            
               4.Notwithstanding paragraph 3 of this Article, the Parties may decide that a Party producing the controlled substances in Annex F shall ensure that for the twelve-month period commencing on 1 January 2020, and in each twelve-month period thereafter, its calculated level of production of the controlled substances in Annex F, expressed in CO2 equivalents, does not exceed the percentage, set out for the respective range of years specified in subparagraphs (a) to (e) below, of the annual average of its calculated levels of production of Annex F controlled substances for the years 2011, 2012 and 2013, plus twenty-five per cent of its calculated level of production of Annex C, Group I, controlled substances as set out in paragraph 2 of Article 2F, expressed in CO2 equivalents:
            
            
               (a)2020 to 2024: 95 per cent
            
            
               (b)2025 to 2028: 65 per cent
            
            
               (c)2029 to 2033: 30 per cent
            
            
               (d)2034 to 2035: 20 per cent
            
            
               (e)2036 and thereafter: 15 per cent
            
            
               5.Paragraphs 1 to 4 of this Article 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 the Parties to be exempted uses.
            
            
               6.Each Party manufacturing Annex C, Group I, or Annex F substances shall ensure that for the twelve-month period commencing on 1 January 2020, and in each twelve-month period thereafter, its emissions of Annex F, Group II, substances generated in each production facility that manufactures Annex C, Group I, or Annex F substances are destroyed to the extent practicable using technology approved by the Parties in the same twelve-month period.
            
            
               7.Each Party shall ensure that any destruction of Annex F, Group II, substances generated by facilities that produce Annex C, Group I, or Annex F substances shall occur only by technologies approved by the Parties.
            
            
               Article 3
            
         
         
            
               The preamble to Article 3 of the Protocol should be replaced with the following:
            
            
               “1. For the purposes of Articles 2, 2A to 2J and 5, each Party shall, for each group of substances in Annex A, Annex B, Annex C, Annex E or Annex F, determine its calculated levels of:”
            
            
               For the final semi-colon of subparagraph (a) (i) of Article 3 of the Protocol there shall be substituted:
            
            
               “, except as otherwise specified in paragraph 2;”
            
            
               The following text shall be added to the end of Article 3 of the Protocol:
            
            
               “; and
            
            
               (d) Emissions of Annex F, Group II, substances generated in each facility that generates Annex C, Group I, or Annex F substances by including, among other things, amounts emitted from equipment leaks, process vents and destruction devices, but excluding amounts captured for use, destruction or storage.
            
            
               2. When calculating levels, expressed in CO2 equivalents, of production, consumption, imports, exports and emissions of Annex F and Annex C, Group I, substances for the purposes of Article 2J, paragraph 5 bis of Article 2 and paragraph 1 (d) of Article 3, each Party shall use the global warming potentials of those substances specified in Group I of Annex A, Annex C and Annex F.”
            
            
               Article 4, paragraph 1 sept
            
            
               The following paragraph shall be inserted after paragraph 1 sex of Article 4 of the Protocol:
            
            
               “1 sept. Upon entry into force of this paragraph, each Party shall ban the import of the controlled substances in Annex F from any State not Party to this Protocol.”
            
            
               Article 4, paragraph 2 sept
            
            
               The following paragraph shall be inserted after paragraph 2 sex of Article 4 of the Protocol:
            
            
               “2 sept. Upon entry into force of this paragraph, each Party shall ban the export of the controlled substances in Annex F to any State not Party to this Protocol.”
            
            
               Article 4, paragraphs 5, 6 and 7
            
            
               In paragraphs 5, 6 and 7 of Article 4 of the Protocol, for the words:
            
            
               “Annexes A, B, C and E” there shall be substituted:
            
            
               “Annexes A, B, C, E and F”
            
            
               Article 4, paragraphs 8
            
            
               In paragraph 8 of Article 4 of the Protocol, for the words:
            
         
         
            
               “Articles 2A to 2I” there shall be substituted:
            
            
               “Articles 2A to 2J”
            
            
               Article 4B
            
            
               The following paragraph shall be inserted after paragraph 2 of Article 4B of the Protocol:
            
            
               “2 bis. Each Party shall, by 1 January 2019 or within three months of the date of entry into force of this paragraph for it, whichever is later, establish and implement a system for licensing the import and export of new, used, recycled and reclaimed controlled substances in Annex F. Any Party operating under paragraph 1 of Article 5 that decides it is not in a position to establish and implement such a system by 1 January 2019 may delay taking those actions until 1 January 2021.”
            
            
               Article 5
            
            
               In paragraph 4 of Article 5 of the Protocol, for the word:
            
            
               “2I”
            
            
               there shall be substituted:
            
            
               “2J”
            
            
               In paragraphs 5 and 6 of Article 5 of the Protocol, for the words:
            
            
               “Article 2I”
            
            
               there shall be substituted:
            
            
               “Articles 2I and 2J”
            
            
               In paragraph 5 of Article 5 of the Protocol, before the words:
            
            
               “any control measures” there shall be inserted:
            
            
               “with”
            
            
               The following paragraph shall be inserted after paragraph 8 ter of Article 5 of the Protocol:
            
            
               “8 qua
            
            
               (a)Each Party operating under paragraph 1 of this Article, subject to any adjustments made to the control measures in Article 2J in accordance with paragraph 9 of Article 2, shall be entitled to delay its compliance with the control measures set out in subparagraphs (a) to (e) of paragraph 1 of Article 2J and subparagraphs (a) to (e) of paragraph 3 of Article 2J and modify those measures as follows:
            
         
         
            
               (i) 2024 to 2028: 100 per cent
            
            
               (ii) 2029 to 2034: 90 per cent
            
            
               (iii) 2035 to 2039: 70 per cent
            
            
               (iv) 2040 to 2044: 50 per cent
            
            
               (v) 2045 and thereafter: 20 per cent
            
            
            
               (b)Notwithstanding subparagraph (a) above, the Parties may decide that a Party operating under paragraph 1 of this Article, subject to any adjustments made to the control measures in Article 2J in accordance with paragraph 9 of Article 2, shall be entitled to delay its compliance with the control measures set out in subparagraphs (a) to (e) of paragraph 1 of Article 2J and subparagraphs (a) to (e) of paragraph 3 of Article 2J and modify those measures as follows:
            
            
               (i) 2028 to 2031: 100 per cent
            
            
               (ii) 2032 to 2036: 90 per cent
            
            
               (iii) 2037 to 2041: 80 per cent
            
            
               (iv) 2042 to 2046: 70 per cent
            
            
               (v) 2047 and thereafter: 15 per cent
            
            
            
            
               (c)Each Party operating under paragraph 1 of this Article, for the purposes of calculating its consumption baseline under Article 2J, shall be entitled to use the average of its calculated levels of consumption of Annex F controlled substances for the years 2020, 2021 and 2022, plus sixty-five per cent of its baseline consumption of Annex C, Group I, controlled substances as set out in paragraph 8 ter of this Article.
            
            
               (d)Notwithstanding subparagraph (c) above, the Parties may decide that a Party operating under paragraph 1 of this Article, for the purposes of calculating its consumption baseline under Article 2J, shall be entitled to use the average of its calculated levels of consumption of Annex F controlled substances for the years 2024, 2025 and 2026, plus sixty-five per cent of its baseline consumption of Annex C, Group I, controlled substances as set out in paragraph 8 ter of this Article.
            
            
               (e)Each Party operating under paragraph 1 of this Article and producing the controlled substances in Annex F, for the purposes of calculating its production baseline under Article 2J, shall be entitled to use the average of its calculated levels of production of Annex F controlled substances for the years 2020, 2021 and 2022, plus sixty-five per cent of its baseline production of Annex C, Group I, controlled substances as set out in paragraph 8 ter of this Article.
            
            
               (f)Notwithstanding subparagraph (e) above, the Parties may decide that a Party operating under paragraph 1 of this Article and producing the controlled substances in Annex F, for the purposes of calculating its production baseline under Article 2J, shall be entitled to use the average of its calculated levels of production of Annex F controlled substances for the years 2024, 2025 and 2026, plus sixty-five per cent of its baseline production of Annex C, Group I, controlled substances as set out in paragraph 8 ter of this Article.
            
            
               (g)Subparagraphs (a) to (f) of this paragraph will apply to calculated levels of production and consumption save to the extent that a high-ambient-temperature exemption applies based on criteria decided by the Parties.”
            
            
               Article 6
            
         
         
            
               In Article 6 of the Protocol, for the words:
            
            
               “Articles 2A to 2I” there shall be substituted:
            
            
               “Articles 2A to 2J”
            
            
               Article 7, paragraphs 2, 3 and 3 ter
            
            
               The following line shall be inserted after the line that reads “- in Annex E, for the year 1991,” in paragraph 2 of Article 7 of the Protocol:
            
            
               “- in Annex F, for the years 2011 to 2013, except that Parties operating under paragraph 1 of Article 5 shall provide such data for the years 2020 to 2022, but those Parties operating under paragraph 1 of Article 5 to which subparagraphs (d) and (f) of paragraph 8 qua of Article 5 applies shall provide such data for the years 2024 to 2026;”
            
            
               In paragraphs 2 and 3 of Article 7 of the Protocol, for the words:
            
            
               “C and E”
            
            
               there shall be substituted:
            
            
               “C, E and F”
            
            
               The following paragraph shall be added to Article 7 of the Protocol after paragraph 3 bis:
            
            
               “3 ter. Each Party shall provide to the Secretariat statistical data on its annual emissions of Annex F, Group II, controlled substances per facility in accordance with paragraph 1 (d) of Article 3 of the Protocol.”
            
            
               Article 7, paragraph 4
            
            
               In paragraph 4 of Article 7, after the words:
            
            
               “statistical data on” and “provides data on” there shall be added:
            
            
               “production,”
            
            
               Article 10, paragraph 1
            
            
               In paragraph 1 of Article 10 of the Protocol, for the words:
            
            
               “and Article 2I”
            
            
               There shall be substituted:
            
         
         
            
               “, Article 2I and Article 2J”
            
            
               The following shall be inserted at the end of paragraph 1 of Article 10 of the Protocol:
            
            
               “Where a Party operating under paragraph 1 of Article 5 chooses to avail itself of funding from any other financial mechanism that could result in meeting any part of its agreed incremental costs, that part shall not be met by the financial mechanism under Article 10 of this Protocol.”
            
            
               Article 17
            
            
               In Article 17 of the Protocol, for the words:
            
            
               “Articles 2A to 2I” there shall be substituted:
            
            
               “Articles 2A to 2J”
            
            
               Annex A
            
            
               The following table shall replace the table for Group I in Annex A to the Protocol:
            
            
                     
                        Group
                     
                  
                  
                     
                        Substance
                     
                  
                  
                     
                        Ozone-Depleting
                     
                     
                        Potential*
                     
                  
                  
                     
                        100-Year Global Warming Potential
                     
                  
               
                     
                        Group I
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
               
                     
                        CFCl3
                     
                  
                  
                     
                        (CFC-11)
                     
                  
                  
                     
                        1.0
                     
                  
                  
                     
                        4,750
                     
                  
               
                     
                        CF2Cl2
                     
                  
                  
                     
                        (CFC-12)
                     
                  
                  
                     
                        1.0
                     
                  
                  
                     
                        10,900
                     
                  
               
                     
                        C2F3Cl3
                     
                  
                  
                     
                        (CFC-113)
                     
                  
                  
                     
                        0.8
                     
                  
                  
                     
                        6,130
                     
                  
               
                     
                        C2F4Cl2
                     
                  
                  
                     
                        (CFC-114)
                     
                  
                  
                     
                        1.0
                     
                  
                  
                     
                        10,000
                     
                  
               
                     
                        C2F5Cl
                     
                  
                  
                     
                        (CFC-115)
                     
                  
                  
                     
                        0.6
                     
                  
                  
                     
                        7,370
                     
                  
               
            
               Annex C and Annex F
            
            
            
            
               The following table shall replace the table for Group I in Annex C to the Protocol:
            
            
                     
                        Group
                     
                  
                  
                     
                        Substance
                     
                  
                  
                     
                        Number
                     
                     
                        of
                     
                     
                        isomers
                     
                  
                  
                     
                        Ozone-
                     
                     
                        Depleting
                     
                     
                        Potential*
                     
                  
                  
                     
                        100-Year
                     
                     
                        Global
                     
                     
                        Warming
                     
                     
                        Potential***
                     
                  
               
                     
                        Group I
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
                  
                     
                  
               
                     
                        CHFCl2
                     
                  
                  
                     
                        (HCFC-21)**
                     
                  
                  
                     
                        1
                     
                  
                  
                     
                        0.04
                     
                  
                  
                     
                        151
                     
                  
               
                     
                        CHF2Cl
                     
                  
                  
                     
                        (HCFC-22)**
                     
                  
                  
                     
                        1
                     
                  
                  
                     
                        0.055
                     
                  
                  
                     
                        1810
                     
                  
               
                     
                        CHFCl
                     
                  
                  
                     
                        (HCFC-31)
                     
                  
                  
                     
                        1
                     
                  
                  
                     
                        0.02
                     
                  
                  
                     
                  
               
                     
                        C2HFCl4
                     
                  
                  
                     
                        (HCFC-121)
                     
                  
                  
                     
                        2
                     
                  
                  
                     
                        0.01-0.04
                     
                  
                  
                     
                  
               
                     
                        C2HF2Cl3
                     
                  
                  
                     
                        (HCFC-122)
                     
                  
                  
                     
                        3
                     
                  
                  
                     
                        0.02-0.08
                     
                  
                  
                     
                  
               
                     
                        C2HF3Cl2
                     
                  
                  
                     
                        (HCFC-123)
                     
                  
                  
                     
                        3
                     
                  
                  
                     
                        0.02-0.06
                     
                  
                  
                     
                        77
                     
                  
               
                     
                        CHCl2CF3
                     
                  
                  
                     
                        (HCFC-123)**
                     
                  
                  
                     
                        -
                     
                  
                  
                     
                        0.02
                     
                  
                  
                     
                  
               
                     
                        C2HF4Cl
                     
                  
                  
                     
                        (HCFC-124)
                     
                  
                  
                     
                        2
                     
                  
                  
                     
                        0.02-0.04
                     
                  
                  
                     
                        609
                     
                  
               
                     
                        CHFClCF3
                     
                  
                  
                     
                        (HCFC-124)**
                     
                  
                  
                     
                        -
                     
                  
                  
                     
                        0.022
                     
                  
                  
                     
                  
               
                     
                        C2H2FCl3
                     
                  
                  
                     
                        (HCFC-131)
                     
                  
                  
                     
                        3
                     
                  
                  
                     
                        0.007-0.05
                     
                  
                  
                     
                  
               
                     
                        C2H2F2Cl2
                     
                  
                  
                     
                        (HCFC-132)
                     
                  
                  
                     
                        4
                     
                  
                  
                     
                        0.008-0.05
                     
                  
                  
                     
                  
               
                     
                        C2H2F3Cl
                     
                  
                  
                     
                        (HCFC-133)
                     
                  
                  
                     
                        3
                     
                  
                  
                     
                        0.02-0.06
                     
                  
                  
                     
                  
               
                     
                        C2H3FCl2
                     
                  
                  
                     
                        (HCFC-141)
                     
                  
                  
                     
                        3
                     
                  
                  
                     
                        0.005-0.07
                     
                  
                  
                     
                  
               
                     
                        CH3CFCl2
                     
                  
                  
                     
                        (HCFC-141b)**
                     
                  
                  
                     
                        -
                     
                  
                  
                     
                        0.11
                     
                  
                  
                     
                        725
                     
                  
               
                     
                        C2H3F2Cl
                     
                  
                  
                     
                        (HCFC-142)
                     
                  
                  
                     
                        3
                     
                  
                  
                     
                        0.008-0.07
                     
                  
                  
                     
                  
               
                     
                        CH3CF2Cl
                     
                  
                  
                     
                        (HCFC-142b)**
                     
                  
                  
                     
                        -
                     
                  
                  
                     
                        0.065
                     
                  
                  
                     
                        2310
                     
                  
               
                     
                        C2H4FCl
                     
                  
                  
                     
                        (HCFC-151)
                     
                  
                  
                     
                        2
                     
                  
                  
                     
                        0.003-0.005
                     
                  
                  
                     
                  
               
            
                     
                        C3HFCl6
                     
                  
                  
                     
                        (HCFC-221)
                     
                  
                  
                     
                        5
                     
                  
                  
                     
                        0.015-0.07
                     
                  
                  
                     
                  
               
                     
                        C3HF2Cl5
                     
                  
                  
                     
                        (HCFC-222)
                     
                  
                  
                     
                        9
                     
                  
                  
                     
                        0.01-0.09
                     
                  
                  
                     
                  
               
                     
                        C3HF3Cl4
                     
                  
                  
                     
                        (HCFC-223)
                     
                  
                  
                     
                        12
                     
                  
                  
                     
                        0.01-0.08
                     
                  
                  
                     
                  
               
                     
                        C3HF4Cl3
                     
                  
                  
                     
                        (HCFC-224)
                     
                  
                  
                     
                        12
                     
                  
                  
                     
                        0.01-0.09
                     
                  
                  
                     
                  
               
                     
                        C3HF5Cl2
                     
                  
                  
                     
                        (HCFC-225)
                     
                  
                  
                     
                        9
                     
                  
                  
                     
                        0.02-0.07
                     
                  
                  
                     
                  
               
                     
                        CF3CF2CHCl2
                     
                  
                  
                     
                        (HCFC-225ca)**
                     
                  
                  
                     
                        -
                     
                  
                  
                     
                        0.025
                     
                  
                  
                     
                        122
                     
                  
               
                     
                        CF2ClCF2CHClF
                     
                  
                  
                     
                        (HCFC-225cb)**
                     
                  
                  
                     
                        -
                     
                  
                  
                     
                        0.033
                     
                  
                  
                     
                        595
                     
                  
               
                     
                        C3HF6Cl
                     
                  
                  
                     
                        (HCFC-226)
                     
                  
                  
                     
                        5
                     
                  
                  
                     
                        0.02-0.10
                     
                  
                  
                     
                  
               
                     
                        C3H2FCl5
                     
                  
                  
                     
                        (HCFC-231)
                     
                  
                  
                     
                        9
                     
                  
                  
                     
                        0.05-0.09
                     
                  
                  
                     
                  
               
                     
                        C3H2F2Cl4
                     
                  
                  
                     
                        (HCFC-232)
                     
                  
                  
                     
                        16
                     
                  
                  
                     
                        0.008-0.10
                     
                  
                  
                     
                  
               
                     
                        C3H2F3Cl3
                     
                  
                  
                     
                        (HCFC-233)
                     
                  
                  
                     
                        18
                     
                  
                  
                     
                        0.007-0.23
                     
                  
                  
                     
                  
               
                     
                        C3H2F4Cl2
                     
                  
                  
                     
                        (HCFC-234)
                     
                  
                  
                     
                        16
                     
                  
                  
                     
                        0.01-0.28
                     
                  
                  
                     
                  
               
                     
                        C3H2F5Cl
                     
                  
                  
                     
                        (HCFC-235)
                     
                  
                  
                     
                        9
                     
                  
                  
                     
                        0.03-0.52
                     
                  
                  
                     
                  
               
                     
                        C3H3FCl4
                     
                  
                  
                     
                        (HCFC-241)
                     
                  
                  
                     
                        12
                     
                  
                  
                     
                        0.004-0.09
                     
                  
                  
                     
                  
               
                     
                        C3H3F2Cl3
                     
                  
                  
                     
                        (HCFC-242)
                     
                  
                  
                     
                        18
                     
                  
                  
                     
                        0.005-0.13
                     
                  
                  
                     
                  
               
                     
                        C3H3F3Cl2
                     
                  
                  
                     
                        (HCFC-243)
                     
                  
                  
                     
                        18
                     
                  
                  
                     
                        0.007-0.12
                     
                  
                  
                     
                  
               
                     
                        C3H3F4Cl
                     
                  
                  
                     
                        (HCFC-244)
                     
                  
                  
                     
                        12
                     
                  
                  
                     
                        0.009-0.14
                     
                  
                  
                     
                  
               
                     
                        C3H4FCl3
                     
                  
                  
                     
                        (HCFC-251)
                     
                  
                  
                     
                        12
                     
                  
                  
                     
                        0.001-0.01
                     
                  
                  
                     
                  
               
                     
                        C3H4F2Cl2
                     
                  
                  
                     
                        (HCFC-252)
                     
                  
                  
                     
                        16
                     
                  
                  
                     
                        0.005-0.04
                     
                  
                  
                     
                  
               
                     
                        C3H4F3Cl
                     
                  
                  
                     
                        (HCFC-253)
                     
                  
                  
                     
                        12
                     
                  
                  
                     
                        0.003-0.03
                     
                  
                  
                     
                  
               
                     
                        C3H5FCl2
                     
                  
                  
                     
                        (HCFC-261)
                     
                  
                  
                     
                        9
                     
                  
                  
                     
                        0.002-0.02
                     
                  
                  
                     
                  
               
                     
                        C3H5F2Cl
                     
                  
                  
                     
                        (HCFC-262)
                     
                  
                  
                     
                        9
                     
                  
                  
                     
                        0.002-0.02
                     
                  
                  
                     
                  
               
                     
                        C3H6FCl
                     
                  
                  
                     
                        (HCFC-271)
                     
                  
                  
                     
                        5
                     
                  
                  
                     
                        0.001-0.03
                     
                  
                  
                     
                  
               
            
         
         
            
            
            
               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.
            
            
               ** Identifies the most commercially viable substances with ODP values listed against them to be used for the purposes of the Protocol.
            
            
               *** For substances for which no GWP is indicated, the default value 0 applies until a GWP value is included by means of the procedure foreseen in paragraph 9 (a) (ii) of Article 2.
            
            
               The following annex shall be added to the Protocol after Annex E: “'Annex F: Controlled substances
            
            
                     
                        Group
                     
                  
                  
                     
                        Substance
                     
                  
                  
                     
                        100-Year Global Warming Potential
                     
                  
               
                     
                        Group I
                     
                  
                  
                     
                  
                  
                     
                  
               
                     
                        CHF2CHF2
                     
                  
                  
                     
                        HFC-134
                     
                  
                  
                     
                        1,100
                     
                  
               
                     
                        CH2FCF3
                     
                  
                  
                     
                        HFC-134a
                     
                  
                  
                     
                        1,430
                     
                  
               
                     
                        CH2FCHF2
                     
                  
                  
                     
                        HFC-143
                     
                  
                  
                     
                        353
                     
                  
               
                     
                        chf2ch2cf3
                     
                  
                  
                     
                        HFC-245fa
                     
                  
                  
                     
                        1,030
                     
                  
               
                     
                        CF3CH2CF2CH3
                     
                  
                  
                     
                        HFC-365mfc
                     
                  
                  
                     
                        794
                     
                  
               
                     
                        CF3CHFCF3
                     
                  
                  
                     
                        HFC-227ea
                     
                  
                  
                     
                        3,220
                     
                  
               
                     
                        CH2FCF2CF3
                     
                  
                  
                     
                        HFC-236cb
                     
                  
                  
                     
                        1,340
                     
                  
               
                     
                        chf2chfcf3
                     
                  
                  
                     
                        HFC-236ea
                     
                  
                  
                     
                        1,370
                     
                  
               
                     
                        CF3CH2CF3
                     
                  
                  
                     
                        HFC-236fa
                     
                  
                  
                     
                        9,810
                     
                  
               
                     
                        CH2FCF2CHF2
                     
                  
                  
                     
                        HFC-245ca
                     
                  
                  
                     
                        693
                     
                  
               
                     
                        cf3chfchfcf2cf3
                     
                  
                  
                     
                        HFC-43-10mee
                     
                  
                  
                     
                        1,640
                     
                  
               
                     
                        CH2F2
                     
                  
                  
                     
                        HFC-32
                     
                  
                  
                     
                        675
                     
                  
               
                     
                        CHF2CF3
                     
                  
                  
                     
                        HFC-125
                     
                  
                  
                     
                        3,500
                     
                  
               
                     
                        CH3CF3
                     
                  
                  
                     
                        HFC-143a
                     
                  
                  
                     
                        4,470
                     
                  
               
                     
                        CH3F
                     
                  
                  
                     
                        HFC-41
                     
                  
                  
                     
                        92
                     
                  
               
            
            
                     
                        CH2FCH2F
                     
                  
                  
                     
                        HFC-152
                     
                  
                  
                     
                        53
                     
                  
               
                     
                        CH3CHF2
                     
                  
                  
                     
                        HFC-152a
                     
                  
                  
                     
                        124
                     
                  
               
                     
                  
                  
                     
                  
                  
                     
                  
               
                     
                        Group II
                     
                  
                  
                     
                  
                  
                     
                  
               
                     
                        CHF3
                     
                  
                  
                     
                        HFC-23
                     
                  
                  
                     
                        14,800
                     
                  
               
            
            
               Article II: Relationship to the 1999 Amendment
            
            
               No State or regional economic integration organization 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 Eleventh Meeting of the Parties in Beijing, 3 December 1999.
            
            
               Article III: Relationship to the United Nations Framework Convention on Climate Change and its Kyoto Protocol
            
            
               This Amendment is not intended to have the effect of excepting hydrofluorocarbons from the scope of the commitments contained in Articles 4 and 12 of the United Nations Framework Convention on Climate Change or in Articles 2, 5, 7 and 10 of its Kyoto Protocol.
            
            
               Article IV: Entry into force
            
            
               1.Except as noted in paragraph 2, below, this Amendment shall enter into force on 1 January 2019, 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.The changes to Article 4 of the Protocol, Control of trade with non-Parties, set out in Article I of this Amendment shall enter into force on 1 January 2033, provided that at least seventy 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.
            
            
               3.For purposes of paragraphs 1 and 2, 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.
            
         
         
            
               4.After the entry into force of this Amendment, as provided under paragraphs 1 and 2, 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.
            
            
               Article V: Provisional application
            
            
               Any Party may, at any time before this Amendment enters into force for it, declare that it will apply provisionally any of the control measures set out in Article 2J, and the corresponding reporting obligations in Article 7, pending such entry into force.