CELEX: 51990PC0589
Language: en
Date: 1990-12-12
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 JUNE 1990 IN LONDON BY THE PARTIES TO THE PROTOCOL

17. 1. 91                               Official Journal of the European Communities                                    No C 11/19
              A favourable technical evaluation of such proposals shall not by itself be a sufficient justification for
              accepting a project; this exceptional procedure may only apply after verification that the nature of the
              project, as defined above, does not justify the use of the normal procedure for calls for proposals.
              The exceptional procedure shall come into effect after the first call for proposals and must be completed
              before the ordinary procedure in such a way that the available amount for the Community's financial
              participation in projects retained by the ordinary procedure can be determined precisely. The closing
              date for the exceptional procedure shall be published each year in the Official Journal of the European
               Communities.
              When it submits the preliminary draft budget the Commission shall inform the budgetary authority
              whether the appropriations approved in the budget of the previous year have also financed projects
              retained by the exceptional procedure and the amounts allocated. Should these projects cover several
              programmes, it shall state the type of committee which assisted it.
              The amount of the financial participation of the Community for all the projects retained by the excep-
              tional procedure will be decided each year, in relation to the projects selected according to particularly
              strict criteria of excellence. In any case this amount may not exceed 10 %; it may be revised each year
              in the light of experience.
              The Commission shall draw up a vade mecum setting out all the rules applicable to this exceptional
              procedure in order to guarantee full transparency.
           5. The projects must involve at least two mutually independent partners established in different Member
              States.
           6. The Commission may encourage the participants to form a European Economic Interest Grouping
              (EEIG) or make other arrangements for carrying out projects, such as those on a large scale, permitting
              decentralized management adapted to the specific requirements of the project.
           7. The knowledge acquired during the course of the projects shall be disseminated on the one hand within
              the specific programme and on the other hand by means of a centralized activity, pursuant to the
              decision referred to in the third paragraph of Article 4 in Decision 90/221 /Euratom, EEC.
           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 June 1990 in London by the
                                                      Parties to the Protocol
                                                        COM(90) 589 final
                                     (Submitted by the Commission on 20 December 1990)
                                                            (91/C 11/05)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                               Having regard       to   the   opinion    of  the   European
                                                                       Parliament,
Having regard to the Treaty establishing the European                  Having regard to the opinion            of the Social    and
Economic Community, and in particular Article 130s                     Economic Committee,
thereof,
                                                                      Whereas the Community together with all of its Member
                                                                       States signed the Vienna Convention for the protection
Having regard to the proposal from the Commission,                     of the ozone layer;
 ---pagebreak--- No C 11/20                            Official Journal of the European Communities                                17. 1.91
Whereas it is established that continued emissions of           out if the Community and all its Member States approve
ozone-depleting substances at current levels cause              it;
significant damage to the ozone layer; whereas there is
an international consensus that significant reductions in       Whereas in order for all the obligations under the
both production and consumption of such substances are          amendment to be appropriately carried out, it is
necessary; whereas Decisions 80/372/EEC (*) and                 necessary that all Member States should also approve it;
82/795/EEC (2) provide controls which are of limited
effect and which cover only two such substances (CFC
                                                                Whereas all Member States should conclude as rapidly as
11 and CFC 12);
                                                                possible their procedures for ratification of the
                                                                amendment, with a view to permitting the deposit, as far
Whereas a Protocol supplementary to the Vienna                  as possible simultaneously, of the instruments of
Convention, the Montreal Protocol on substances that            approval, acceptance or ratification by the Community
deplete the ozone layer, was negotiated and adopted on          and the Member States,
16 September 1987; whereas the Protocol has been
signed by the Community and by all of its Member
                                                                HAS ADOPTED THIS DECISION:
States;
Whereas in view of the responsibilities of the Community                                  Article 1
for the environment and trade, the Community has                The amendment to the Montreal Protocol on substances
approved by Decision 88/540/EEC (3) the Vienna                  that deplete the ozone layer is hereby approved on
Convention and the Montreal Protocol;                           behalf of the Community.
Whereas it is necessary for the protection, promotion           The text of the amendment appears as an Annex to this
and improvement of the environment to bring into force          Decision.
the amendment to the Montreal Protocol, which is based
on the principle of preventive action to avoid further          The original Arabic, Chinese, English, French, Russian
damage to the ozone layer and on the scientific and             and Spanish texts are equally authentic.
technical data which were available at the time of its
adoption;
                                                                                          Article 2
Whereas to that end the Community must approve the              The President of the Council shall deposit the act of
said amendment.                                                 approval of the amendment to the Montreal Protocol on
                                                                behalf of the Community with the Secretary General of
                                                                the United Nations in accordance with Article 13 of the
Whereas the more recent scientific evidence indicates
                                                                Vienna Convention, as read in conjunction with Article 2
that for the adequate protection of the ozone layer a
                                                                of the amendment to the Montreal Protocol.
higher degree of control of chlorofluorocarbons and
halons is required than that provided by the Montreal
Protocol; whereas the same evidence indicates that                                        Article 3
additional controls should be placed on all other fully
halogenated chlorofluorocarbons, carbon tetrachloride           Member States shall take the necessary steps to permit
and 1,1,1-trichloroethane;                                      the deposit, as far as possible simultaneously, before .. .,
                                                                of the instruments of ratification, acceptance or approval
                                                                of the amendment to the Montreal Protocol by the
Whereas an amendment and an adjustment to the                   Community and the Member States.
Montreal Protocol implementing these controls have
been adopted in June 1990 in London and only the
                                                                 Member States will inform the Commission, before ...,
amendment needs to be approved;
                                                                 of their decision to ratify or of the prospective date of
                                                                 finalization of their ratification procedures. The
Whereas it is, in particular, necessary for the Community        Commission, in cooperation with Member States, shall
to approve the amendment to the Protocol because                 arrange a date for the simultaneous deposit of the
certain of its provisions can only be carried                    instruments which shall in any case be before ....
(») OJ No L 90, 3. 4. 1980, p. 45.                                                         Article 4
O OJ No L 329, 25. 11. 1982, p. 29.
(») OJ No L 297, 31. 10. 1988, p. 8.                            This Decision is addressed to the Member States.
 ---pagebreak--- 17. 1. 91                              Official Journal of the European Communities                                        No C 11/21
                                                              ANNEX
          AMENDMENT TO THE MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE
                                                         OZONE LAYER
                                                  ARTICLE 1: AMENDMENT
                                                     A. Preambular paragraphs
          1. The sixth preambular paragraph of the Protocol shall be replaced by the following:
              'DETERMINED to protect the ozone layer by taking precautionary measures to control equitably total
             global emissions of substances that deplete it, with the ultimate objective of their elimination on the basis
              of developments in scientific knowledge, taking into account technical and economic considerations and
             bearing in mind the developmental needs of developing countries.'
          2. The seventh preambular paragraph of the Protocol shall be replaced by the following:
              'ACKNOWLEDGING that special provision is required to meet the needs of developing countries,
             including the provision of additional financial resources and access to relevant technologies, bearing in
             mind that the magnitude of funds necessary is predictable, and the funds can be expected to make a
             substantial difference in the world's ability to address the scientifically established problem of ozone
             depletion and its harmful effects,'.
          3. The ninth preambular paragraph of the Protocol shall be replaced by the following:
             'CONSIDERING the importance of promoting international cooperation in the research, development
             and transfer of alternative technologies relating to the control and reduction of emissions of substances
             that deplete the ozone layer, bearing in mind in particular the needs of developing countries,'.
                                                      B. Article 1: Definitions
          1. Article 1 (4) of the Protocol shall be replaced by the following paragraph:
             '4. "Controlled substance" means a substance in Annex A or in Annex B to this Protocol, whether
                 existing alone or in a mixture. It includes the isomers of any such substance, except as specified in
                 the relevant Annex, but excludes any controlled substance or mixture which is in a manufactured
                  product other than a container used for the transportation or storage of that substance.'
          2. Article 1 (5) of the Protocol shall be replaced by the following paragraph:
             '5. "Production" means the amount of controlled substances produced, minus the amount destroyed by
                  technologies to be approved by the Parties and minus the amount entirely used as feedstock in the
                  manufacture of other chemicals. The amount recycled and reused is not to be considered as
                  "production".'
          3. The following paragraph shall be added to Article 1 of the Protocol:
             '9. "Transitional substance" means a substance in Annex C to this Protocol, whether existing alone or
                 in a mixture. It includes the isomers of any such substance, except as may be specified in Annex C,
                 but excludes any transitional substance or mixture which is in a manufactured product other than a
                 container used for the transportation or storage of that substance.'
 ---pagebreak--- l^oCULu^                             C^ffici^]ourn^lofrh^Euroo^nC^ornrnunin^                                           1^.1.^1
                                                         C.Art^te^^)
          ^rticle2(^) of the Protocol shall be replaced bv the following paragraphs
           '^. AnvPartv mav, for anvone or more control periods, transfer to anotherPartvanvportionof its
          calculated levelof production set out in Articles2Ato2E,provided that the totalcombinedcalculated
           levelsof productionof thePartiesconcernedforanvgroupof controlledsubstancesdonote^ceedthe
          production limits set out in those Articles for that group, ^uch transfer of production shall be notified to
          the ^ecretariatbveachof the Partiesconcerned, stating the terms of such transfer and theperiod for
          whichitistoapplv.'
                                                         10.A^cle2(^)
          The following words shall be inserted in Article2(D) before the words'controlled substances'the first time
          thevoccur^
          'Anne^AorAnne^^'.
                                                       m^^^te2(^(a)
          The following words shall be added after the words'this Article'wherever thev appear in Article2(^) (a)
          of the Protocols
          'and Articles 2A to 2^'.
                                                     P.Art^te2^)(a)(i)
         The following words shall be added after'^nne^A'inArticle2(^)(a)(i) of the Protocol
          'andBorAnne^85
                                                    O^A^^e^^)^)^)
         The following words shall be deleted from Article2(^) (a) (ii) of the Protocol
         'from l^D levels'
                                                      r^Art^e2(^)(c)
         The following words shall be deleted from Article2(^)(c) of the Protocol
         'representingatleast^O^of the total consumption of the controlled substances of theParties'.
         and replaced bv^
         'representingamajoritv of the Parties operating under Article (^)(1) present and voting andamaioritv of
         theParties not so operating present and voting'.
                                                      LA^cle^(ru)(b)
         Article2(10)(b) of the Protocol shall be deleted, and Article2(10) (a) of Article2shall become Article2
         (10)
 ---pagebreak--- 17. 1.91                              Official J o u r n a l of t h e E u r o p e a n C o m m u n i t i e s              NoC 11/23
                                                             J. Article 2 (11)
         The following words shall be added after the words 'this Article' wherever they occur in Article 2 (11) of
          the Protocol:
          'and Articles 2A to 2E\
                                          K. Article 2C: Other fully halogenated CFCs
         The following paragraphs shall be added to the Protocol as Article 2C:
          'Article 2C: Other fully halogenated CFCs
          1.    Each Party shall ensure that for the 12-month period commencing on 1 January 1993, and in each
          12-month period thereafter, its calculated level of consumption of the controlled substances in Group I of
         Annex B does not exceed, annually, 80 % of its calculated level of consumption in 1989. Each Party
         producing one or more of these substances shall, for the same periods, ensure that its calculated level of
         production of the substances does not exceed, annually, 80 % of its calculated level of production in 1989.
         However, in order to satisfy the basic domestic needs of the Parties operating under Article 5 (1), its
         calculated level of production may exceed that limit by up to 10 % of its calculated level of production in
          1989.
         2.     Each Party shall ensure that for the 12-month period commencing in 1 January 1997, and in each
          12-month period thereafter, its calculated level of consumption of the controlled substances in Group I of
         Annex B does not exceed, annually, 15 % of its calculated level of consumption in 1989. Each Party
         producing one or more of these substances shall, for the same periods, ensure that its calculated level of
         production of the substances does not exceed, annually, 15 % of its calculated level of production in 1989.
         However, in order to satisfy the basic domestic needs of the Parties operating under Article 5 (1), its
         calculated level of production may exceed that limit by up to 10 % of its calculated level of production in
         1989.
         3.     Each Party shall ensure that for the 12-month period commencing on 1 January 2000, and in each
          12-month period thereafter, its calculated level of consumption of the controlled substances in Group I of
         Annex B does not exceed zero. Each Party producing one or more of these substances shall, for the same
         periods, ensure that its calculated level of production of the substances does not exceed zero. However, in
         order to satisfy the basic domestic needs of the Parties operating under Article 5 (1), its calculated level of
         production may exceed that limit by up to 15 % of its calculated level of production in 1989.'
                                              L. Article 2D: Carbon tetrachloride
         The following paragraphs shall be added to the Protocol as Article 2D:
         'Article 2D: Carbon tetrachloride
         1.     Each Party shall ensure that for the 12-month period commencing on 1 January 1995, and in each
         12-month period thereafter, its calculated level of consumption of the controlled substance in Group II of
         Annex B does not exceed, annually, 15 % of its calculated level of consumption in 1989. Each Party
         producing the substance shall, for the same periods, ensure that its calculated level of production of the
         substance does not exceed, annually, 15 % of its calculated level of production in 1989. However, in order
         to satisfy the basic domestic needs of the Parties operating under Article 5 (1), its calculated level of
         production may exceed that limit by up to 15 % of its calculated level of production in 1989.
         2.     Each Party shall ensure that for the 12-month period commencing on 1 January 2000, and in each
         12-month period thereafter, its calculated level of consumption of the controlled substance in Group II of
         Annex B does not exceed zero. Each Party producing the substance shall, for the same periods, ensure that
         its calculated level of production of the substance does not exceed zero. However, in order to satisfy the
         basic domestic needs of the Parties operating under Article 5 (1), its calculated level of production may
         exceed that limit by up to 15 % of its calculated level of production in 1989.'
 ---pagebreak--- N o C 11/24                               Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s               17. 1.91
                                        M. Article 2E: l,l>l-trichloroethane (methyl chloroform)
            The following paragraphs shall be added to the Protocol as Article 2E:
            'Article 2E: 1,1,1-trichloroethane (methyl chloroform)
            1.      Each Party shall ensure that for the 12-month period commencing on 1 January 1993, and in each
            12-month period thereafter, its calculated level of consumption of the controlled substance in Group III of
            Annex B does not exceed, annually, its calculated level of consumption in 1989. Each Party producing the
            substance shall, for the same periods, ensure that its calculated level of production of the substance does
            not exceed, annually, its calculated level of production in 1989. However, in order to satisfy the basic
            domestic needs of the Parties operating under Article 5 (1), its calculated level of production may exceed
            that limit by up to 10 % of its calculated level of production in 1989.
            2.      Each Party shall ensure that for the 12-month period commencing on 1 January 1995, and in each
            12-month period thereafter, its calculated level of consumption of the controlled substance in Group III of
            Annex B does not exceed, annually, 70 % of its calculated level of consumption in 1989. Each Party
            producing the substance shall, for the same periods, ensure that its calculated level of production of the
            substance does not exceed, annually, 70 % of its calculated level of consumption in 1989. However, in
            order to satisfy the basic domestic needs of the Parties operating under Article 5 (1), its calculated level of
            production may exceed that limit by up to 10 % of its calculated level of production in 1989.
            3.      Each Party shall ensure that for the 12-month period commencing on 1 January 2000, and in each
             12-month period thereafter, its calculated level of consumption of the controlled substance in Group III of
            Annex B does not exceed, annually, 30 % of its calculated level of consumption in 1989. Each Party
            producing the substance shall, for the same periods, ensure that its calculated level of production of the
            substance does not exceed, annually, 30 % of its calculated level of production in 1989. However, in order
            to satisfy the basic domestic needs of Parties operating under Article 5 (1), its calculated level of
            production may exceed that limit by up to 10 % of its calculated level of production in 1989.
            4.      Each Party shall ensure that for the 12-month period commencing on 1 January 2005, and in each
             12-month period thereafter, its calculated level of consumption of the controlled substance in Group III of
            Annex B does not exceed zero. Each Party producing the substance shall, for the same periods, ensure that
            its calculated level of production of the substance does not exceed zero. However, in order to satisfy the
            basic domestic needs of the Parties operating under Article 5 (1), its calculated level of production may
            exceed that limit by up to 15 % of its calculated level of production in 1989.
            5.      The Parties shall review, in 1992, the feasibility of a more rapid schedule of reductions than that set
            out in this Article.'
                                                N. Article 3: Calculation of control levels
             1. The following shall be added after 'Articles 2' in Article 3 of the Protocol:
                '2A to 2E\
            2. The following words shall be added after 'Annex A' each time it appears in Article 3 of the Protocol:
                'or Annex B\
                                             O. Article 4: Control of trade with non-parties
             1. Article 4 (1) to Article 4 (5) shall be replaced by the following paragraphs:
                '1.    As of 1 January 1990, each Party shall ban the import of the controlled substances in Annex A
                from any State not party to this Protocol.
                1     bis. Within one year of the date of the entry into force of this paragraph, each Party shall ban the
                import of the controlled substances in Annex B from any State not party to this Protocol.
 ---pagebreak--- 17. 1.91                               Official Journal of the European Communities                                       N o C 11/25
             2.    As of 1 January 1993, each Party shall ban the export of any controlled substances in Annex A to
             any State not party to this Protocol.
             2     bis. Commencing one year after the date of entry into force of this paragraph, each Party shall ban
             the export of any controlled substances in Annex B to any State not party to this Protocol.
             3.    By 1 January 1992, the Parties shall, following the procedures in Article 10 of the Convention,
             elaborate in an annex a list of products containing controlled substances in Annex A. Parties that have
             not objected to the annex in accordance with those procedures shall ban, within one year of the annex
             having become effective, the import of those products from any State not party to this Protocol.
             3     bis. "Within three years of the date of the 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 Annex B. Parties that have not objected to the annex in accordance
             with those procedures shall ban, within one year of the annex having become effective, the import of
             those products from any State not party to this Protocol.
             4.    By 1 January 1994, the Parties shall determine the feasibility of banning or restricting, from States
             not party to this Protocol, the import of products produced with, but not containing, controlled
             substances in Annex A. 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, within one year of the annex having become
             effective, the import of those products from any State not party to this Protocol.
             4     bis. Within five years of the date of the entry into force of this paragraph, the Parties shall
             determine the feasibility of banning or restricting, from States not party to this Protocol, the import of
             products produced with, but not containing, controlled substances in Annex B. 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.
             5.    Each Party undertakes to the fullest practicable extent to discourage the export to any State not
             party to this Protocol of technology for producing and for utilizing controlled substances.'
         2. Article 4 (8) of the Protocol shall be replaced by the following paragraph:
             '8.    Notwithstanding the provisions of this Article, imports referred to in paragraphs 1, 1 bis, 3, 3 bis,
             4 and 4 bis, and exports referred to in paragraphs 2 and 2 bis, may be permitted from, or to, any State
             not party to this Protocol, if that State is determined by a meeting of the Parties to be in full compliance
             with Article 2, Articles 2A to 2E, and this Article and have submitted data to that effect as specified in
             Article 7.'
         3. The following paragraph shall be added to Article 4 of the Protocol as paragraph 9:
             '9.    For the purposes of this Article, the term "State not party to this Protocol" shall include, with
             respect to a particular controlled substance, a State or regional economic integration organization that
             has not agreed to be bound by the control measures in effect for that substance.
                                      P. Article 5: Special situation of developing countries
         Article 5 of the Protocol shall be replaced by the following:
         '1.     Any Party that is a developing country and whose annual calculated level of consumption of the
         controlled substances in Annex A is less than 0,3 kilograms per capita on the date of the entry into force of
         the Protocol for it, or any time thereafter until 1 January 1999, shall, in order to meet its basic domestic
         needs, be entitled to delay for 10 years its compliance with the control measures set out in Articles 2A to
         2E.
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           2. However, any Party operating under paragraph 1 of this Article shall exceed neither an annual
           calculated level of consumption of the controlled substances in Annex A of 0,3 kilograms per capita nor an
           annual calculated level of consumption of the controlled substances of Annex B of 0,2 kilograms per capita.
           3. When implementing the control measures set out in Articles 2A to 2E, any Party operating under
           paragraph 1 of this Article shall be entitled to use:
           (a) for controlled substances under Annex A, either the average of its annual calculated level of
                consumption for the period 1995 to 1997 inclusive or a calculated level of consumption of 0,3
                kilograms per capita, whichever is the lower, as the basis for determining its compliance with the
                control measures;
           (b) for controlled substances under Annex B, the average of its annual calculated level of consumption for
                the period 1998 to 2000 inclusive or a calculated level of consumption of 0,2 kilograms per capita,
                whichever is the lower, as the basis for determining its compliance with the control measures.
           4. If a Party operating under paragraph 1 of this Article, at any time before the control measures obli-
           gations in Articles 2A to 2E become applicable to it, finds itself unable to obtain an adequate supply of
           controlled substances, it may notify this to the Secretariat. The Secretariat shall forthwith transmit a copy
           of such notification to the Parties, which shall consider the matter at their next meeting, and decide upon
           appropriate action to be taken.
           5. Developing the capacity to fulfil the obligations of the Parties operating under paragraph 1 of this
           Article to comply with the control measures set out in Articles 2A to 2E and their implementation by those
           same Parties will depend upon the effective implementation of the financial cooperation as provided by
           Article 10 and transfer of technology as provided by Article 10A.
           6. Any Party operating under paragraph 1 of this Article may, at any time, notify the Secretariat in
           writing that, having taken all practicable steps it is unable to implement any or all of the obligations laid
           down in Articles 2A to 2E due to the inadequate implementation of Articles 10 and 10A. The Secretariat
           shall forthwith transmit a copy of the notification to the Parties, which shall consider the matter at their
           next meeting, giving due recognition to paragraph 5 of this Article and shall decide upon appropriate
           action to be taken.
           7. During the period between notification and the meeting of the Parties at which the appropriate action
           referred to in paragraph 6 above is to be decided, or for a further period if the meeting of the Parties so
           decides, the non-compliance procedures referred to in Article 8 shall not be invoked against the notifying
           Party.
           8. A meeting of the Parties shall review, not later than 1995, the situation of the Parties operating under
           paragraph 1 of this Article, including the effective implementation of financial cooperation and transfer of
           technology to them, and adopt such revisions that may be deemed necessary regarding the schedule of
           control measures applicable to those Parties.
           9. Decisions of the Parties referred to in paragraphs 4, 6 and 7 of this Article shall be taken according to
           the same procedure applied to decision-making under Article 10.'
                                     Q. Article 6: Assessment and review of control measures
           The following words shall be added after 'Article 2' in 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 .
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                                                  R. Article 7: Reporting of data
          1. Article 7 of the Protocol shall be replaced by the following:
             '1.    Each Party shall provide to the Secretariat, within three months of becoming a Party, statistical
             data on its production, imports and exports of each of the controlled substances in Annex A for the year
             1986, or the best possible estimates of such data where actual data are not available.
             2.    Each Party shall provide to the Secretariat statistical data on its production, imports and exports of
             each of the controlled substances in Annex B and each of the transitional substances in Group I of
             Annex C, for the year 1989, 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 Annex B enter into force for that Party.
             3.    Each Party shall provide statistical data to the Secretariat on its annual production (as defined in
             Article 1 (5), and, separately,
             — amounts used for feedstocks,
             — amounts destroyed by technologies approved by the Parties,
             — imports and exports to Parties and non-Parties respectively,
             of each of the controlled substances listed in Annexes A and B as well as of the transitional substances in
             Group I of Annex C, for the year during which provisions concerning the substances in Annex B
             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.
             4.    For Parties operating under the provisions of Article 2 (8) (a), the requirements in paragraphs 1, 2
             and 3 of this Article in respect of statistical data on imports and exports shall be satisfied if the regional
             economic integration organization concerned provides data on imports and exports between the
             organization and States that are not members of that organization.'
                       S. Article 9: Research, development, public awareness and exchange of information
         Article 9 (1) (a) of the Protocol shall be replaced by the following:
         '(a) Best technologies for improving the containment, recovery, recycling, or destruction of controlled and
               transitional substances or otherwise reducing their emissions;'.
                                               T. Article 10: Financial mechanism
         Article 10 of the Protocol shall be replaced by the following:
          'Article 10: Financial mechanism
         1.      The Parties shall establish a mechanism for the purposes of providing financial and technical
         cooperation, including the transfer of technologies, to Parties operating under Article 5 (1) of this Protocol
         to enable their compliance with the control measures set out in Articles 2A to 2E of the Protocol. The
         mechanism, contributions to which shall be additional to other financial transfers to Parties operating
         under that paragraph, shall meet all agreed incremental costs of such Parties in order to enable their
         compliance with the control measures of the Protocol. An indicative list of the categories of incremental
         costs shall be decided by the meeting of the Parties.
         2.      The mechanism established under paragraph 1 shall include a Multilateral Fund. It may also include
         other means of multilateral, regional and bilateral cooperation.
         3.      The Multilateral Fund shall:
         (a) meet, on a grant or concessional basis as appropriate, and according to criteria to be decided upon by
              the Parties, the agreed incremental costs;
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            (b) finance clearing-house functions to:
                    (i) assist Parties operating under Article 5 (1), through country-specific studies and other technical
                        cooperation, to identify their needs for cooperation;
                   (ii) facilitate technical cooperation to meet these identified needs;
                  (iii) distribute, as provided for in Article 9, information and relevant materials, and hold workshops,
                        training sessions, and other related activities, for the benefit of Parties that are developing
                        countries; and
                  (iv) facilitate and monitor other multilateral, regional and bilateral cooperation available to Parties
                        that are developing countries;
            (c) finance the secretarial services of the Multilateral Fund and related support costs.
            4.      The Multilateral Fund shall operate under the authority of the Parties who shall decide on its overall
            policies.
            5.      The Parties shall establish an Executive Committee to develop and monitor the implementation of
            specific operational policies, guidelines and administrative arrangements, including the disbursement of
            resources, for the purpose of achieving the objectives of the Multilateral Fund. The Executive Committee
            shall discharge its tasks and responsibilities, specified in its terms of reference as agreed by the Parties, with
            the cooperation and assistance of the International Bank for Reconstruction and Development (World
            Bank), the United Nations Environment Programme, the United Nations Development Programme or
            other appropriate agencies depending on their respective areas of expertise. The members of the Executive
            Committee, which shall be selected on the basis of a balanced representation of the Parties operating under
            Article 5 (1) and of the Parties not so operating, shall be endorsed by the Parties.
            6.      The Multilateral Fund shall be financed by contributions from Parties not operating under Article 5
            (1) in convertible currency or, in certain circumstances, in kind and/or in national currency, on the basis of
            the United Nations scale of assessments. Contributions by other Parties shall be encouraged. Bilateral and,
            in particular cases agreed by a decision of the Parties, regional cooperation may, up to a percentage and
            consistent with any criteria to be specified by decision of the Parties, be considered as a contribution to the
            Multilateral Fund, provided that such cooperation, as a minimum:
            (a) strictly relates to compliance with the provisions of this Protocol;
            (b) provides additional resources; and
            (c) meets agreed incremental costs.
            7.      The Parties shall decide upon the programme budget of the Multilateral Fund for each fiscal period
            and upon the percentage of contributions of the individual Parties thereto.
            8.      Resources under the Multilateral Fund shall be disbursed with the concurrence of the beneficiary
            Party.
            9.      Decisions by the Parties under this Article shall be taken by consensus whenever possible. If all efforts
            at consensus have been exhausted and no agreement reached, decisions shall be adopted by a two-thirds
            majority vote of the Parties present and voting, representing a majority of the Parties operating under
            paragraph 1 of Article 5 present and voting and a majority of the Parties not so operating present and
            voting.
            10.       The financial mechanism set out in this Article is without prejudice to any future arrangements that
            may be developed with respect to other environmental issues.'
                                                  U. Article 10A: Transfer of technology
            The following Article shall be added to the Protocol as Article 10A:
             'Article 10A: Transfer of technology
            Each Party shall take every practicable step, consistent with the programmes supported by the financial
            mechanism, to ensure:
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          (a) that the best available, environmentally safe substitutes and related technologies are expeditiously trans-
               ferred to Parties operating under Article 5 (1); and
          (b) that the transfers referred to in subparagraph (a) occur under fair and most favourable conditions.5
                                                V. Article 11: Meetings of the Parties
          Article 11 (4) (g) of the Protocol shall be replaced by the following:
          '(g) Assess, in accordance with Article 6, the control measures and the situation regarding transitional
                substances;'.
                                        W. Article 17: Parties joining after entry into force
          The following words shall be added after 'as well as under' in Article 17:
          'Articles 2A to 2E, and'.
                                                        X. Article 19: Withdrawal
          Article 19 of the Protocol shall be replaced by the following paragraph:
          'Any Party may withdraw from this Protocol by giving written notification to the Depositary at any time
          after four years of assuming the obligations specified in Article 2A (1). Any such withdrawal shall take
          effect upon expiry of one year after the date of its receipt by the Depositary, or on such later date as may
          be specified in the notification of the withdrawal.'
                                                                 Y. Annexes
          The following annexes shall be added to the Protocol:
                                                                   'Annex B
                                                           Controlled substances
                           Group                                   Substance               Ozone-depleting potential
          Group I
          CF3C1                                        (CFC-13)                                      1,0
          C2FC15                                       (CFC-111)                                     1,0
          C2F2C14                                      (CFC-112)                                     1,0
          C3FC17                                       (CFC-211)                                     1,0
          C3F2C16                                      (CFC-212)                                     1,0
          C3F3C15                                      (CFC-213)                                     1,0
          C3F4C14                                      (CFC-214)                                     1,0
          C3F5C13                                      (CFC-215)                                     1,0
          C3F6C12                                      (CFC-216)                                     1,0
          C3F7C1                                       (CFC-217)                                     1,0
          Group II
          CC14                                         carbon tetrachloride                          1,1
          Group III
                                                       1,1,1 -trichloroethane
          C2H3C13 O                                    (methyl chloroform)                           0,1
          (') This formula does not refer to 1,1,2-trichloroethane.
 ---pagebreak--- N o C 11/30              Official Journal of the European Communities            17. 1.91
                                              Annex C
                                       Transitional substances
                      Group                                            Substance
            Group I
            CHFC12                                        (HCFC-21)
            CHF2C1                                        (HCFC-22)
            CH2FC1                                        (HCFC-31)
            C2HFC14                                       (HCFC-121)
            C2HF2C13                                      (HCFC-122)
            C2HF3C12                                      (HCFC-123)
            C2HF4C1                                       (HCFC-124)
            C2H2FC13                                      (HCFC-131)
            C2H2F2C12                                     (HCFC-132)
            C2H2F3C1                                      (HCFC-133)
            C2H3FC12                                      (HCFC-141)
            C2H3F2C1                                      (HCFC-142)
            C2H4FC1                                       (HCFC-151)
            C3HFC16                                       (HCFC-221)
            C3HF2C15                                      (HCFC-222)
            C3HF3C14                                      (HCFC-223)
            C3HF4C13                                      (HCFC-224)
            C3HF5C12                                      (HCFC-225)
            C3HF6C1                                       (HCFC-226)
            C3H2FC15                                      (HCFC-231)
            C3H2F2C14                                     (HCFC-232)
            C,H2F3C1,                                     (HCFC-233)
            C3H2F4C12                                     (HCFC-234)
            C3H2F5C1                                      (HCFC-235)
            C3H3FC14                                      (HCFC-241)
            C3H3F2C13                                     (HCFC-242)
            C3H3F3C12                                     (HCFC-243)
            C3H3F4C1                                      (HCFC-244)
            C3H4FC13                                      (HCFC-251)
            C3H4F2C12                                     (HCFC-252)
            C3H4F3C1                                      (HCFC-253)
            C3H5FC12                                      (HCFC-261)
            C3H5F2C1                                      (HCFC-262)
            C3H6FCI                                       (HCFC-271).'
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                                             ARTICLE 2: ENTRY INTO FORCE
          1. This Amendment shall enter into force on 1 January 1992, provided that at least 20 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 90th 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 90th day following the date of deposit of its instrument of
          ratification, acceptance or approval.