Title: Suriname Rechtsinstituut

URL: https://www.sris.sr/wp-content/uploads/2018/05/Montreal-Protocol-on-Substances-that-Deplete-the-Ozone-Layer-eng.pdf

Content:
Protocol van Montreal betreffende stoffen die de ozonlaag
afbreken, Montreal, 16-09-1987
Montreal Protocol on Substances that deplete the Ozone Layer
The Parties to this Protocol,
Being Parties to the Vienna Convention for the Protection of the Ozone Layer,
Mindful of their obligation under that Convention to take appropriate measures to protect human
health and the environment against adverse effects resulting or likely to result from human activities
which modify or are likely to modify the ozone layer,
Recognizing that world-wide emissions of certain substances can significantly deplete and otherwise
modify the ozone layer in a manner that is likely to result in adverse effects on human health and the
environment,
Conscious of the potential climatic effects of emissions of these substances,
Aware that measures taken to protect the ozone layer from depletion should be based on relevant
scientific knowledge, taking into account technical and economic considerations,
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,
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,
Noting the precautionary measures for controlling emissions of certain chlorofluorocarbons that have
already been taken at national and regional levels,
Considering the importance of promoting international co-operation 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,
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,
Have agreed as follows:
Article 1. Definitions
For the purposes of this Protocol:
1. "Convention" means the Vienna Convention for the Protection of the Ozone Layer, adopted on
22 March 1985.
2. "Parties" means, unless the text otherwise indicates, Parties to this Protocol.
3. "Secretariat" means the secretariat of the Convention.
4. "Controlled substance" means a substance in Annex A, Annex B, Annex C or Annex E 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.
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".
6. "Consumption" means production plus imports minus exports of controlled substances.
7. "Calculated levels" of production, imports, exports and consumption means levels determined
in accordance with Article 3.
8. "Industrial rationalization" means the transfer of all or a portion of the calculated level of
production of one Party to another, for the purpose of achieving economic efficiencies or
responding to anticipated shortfalls in supply as a result of plant closures.

Article 2. Control measures
1. [Incorporated in Article 2A.]
2. [Replaced by Article 2B.]
3. Each Party shall ensure that for the period 1 July 1993 to 30 June 1994 and in each twelve-month
period thereafter, its calculated level of consumption of the controlled substances in Group I of
Annex A does not exceed, annually, eighty per cent of its calculated level of consumption in 1986.
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, eighty per cent of its
calculated level of production in 1986. However, in order to satisfy the basic domestic needs of the
Parties operating under Article 5 and for the purposes of industrial rationalization between Parties,
its calculated level of production may exceed that limit by up to ten per cent of its calculated level

of production in 1986.
4. Each Party shall ensure that for the period 1 July 1998 to 30 June 1999, and in each twelve-month
period thereafter, its calculated level of consumption of the controlled substances in Group I of
Annex A does not exceed, annually, fifty per cent of its calculated level of consumption in 1986.
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, fifty per cent of its
calculated level of production in 1986. However, in order to satisfy the basic domestic needs of the
Parties operating under Article 5 and for the purposes of industrial rationalization between Parties,
its calculated level of production may exceed that limit by up to fifteen per cent of its calculated
level of production in 1986. This paragraph will apply unless the Parties decide otherwise at a
meeting by a two-thirds majority of Parties present and voting, representing at least two-thirds of
the total calculated level of consumption of these substances of the Parties. This decision shall be
considered and made in the light of the assessments referred to in Article 6.
5. Any Party may, for any one or more control periods, transfer to another Party any portion of its
calculated level of production set out in Articles 2A to 2F and Article 2H, provided that the total
combined calculated levels of production of the Parties concerned for any group of controlled
substances do not exceed the production limits set out in those Articles for that group. Such
transfer of production shall be notified to the Secretariat by each of the Parties concerned, stating
the terms of such transfer and the period for which it is to apply.
5bis.

Any Party not operating under paragraph 1 of Article 5 may, for one or more control periods,

transfer to another such Party any portion of its calculated level of consumption set out in Article
2F, provided that the calculated level of consumption of controlled substances in Group I of Annex
A of the Party receiving the portion of its calculated level of consumption did not exceed 0.25
kilograms per capita in 1989 and that the total combined calculated levels of consumption of the
Parties concerned do not exceed the consumption limits set out in Article 2F. Such transfer of
consumption shall be notified to the Secretariat by each of the Parties concerned, stating the
terms of such transfer and the period for which it is to apply.
6. Any Party not operating under Article 5, that has facilities for the production of Annex A or Annex
B controlled substances under construction, or contracted for, prior to 16 September 1987, and
provided for in national legislation prior to 1 January 1987, may add the production from such
facilities to its 1986 production of such substances for the purposes of determining its calculated
level of production for 1986, provided that such facilities are completed by 31 December 1990 and
that such production does not raise that Party's annual calculated level of consumption of the
controlled substances above 0.5 kilograms per capita.
7. Any transfer of production pursuant to paragraph 5 or any addition of production pursuant to
paragraph 6 shall be notified to the secretariat, no later than the time of the transfer or addition.

8.
(a) Any Parties which are Member States of a regional economic integration organization as
defined in Article 1(6) of the Convention may agree that they shall jointly fulfil their obligations
respecting consumption under this Article and Articles 2A to 2I provided that their total
combined calculated level of consumption does not exceed the levels required by this Article
and Articles 2A to 2I.
(b) The Parties to any such agreement shall inform the secretariat of the terms of the agreement
before the date of the reduction in consumption with which the agreement is concerned.
(c) Such agreement will become operative only if all Member States of the regional economic
integration organization and the organization concerned are Parties to the Protocol and have
notified the secretariat of their manner of implementation.

9.
a) Based on the assessments made pursuant to Article 6, the Parrties may decide whether:
(i) adjustments to the ozone depleting potentials specified in Annex A, Annex B, Annex C
and/or Annex E should be made and, if so, what the adjustments should be; and
(ii) further adjustments and reductions of production or consumption of the controlled
substances should be undertaken and, if so, what the scope, amount and timing of any
such adjustments and reductions should be.
(b) Proposals for such adjustments shall be communicated to the Parties by the secretariat at
least six months before the meeting of the Parties at which they are proposed for adoption.
(c) In taking such decisions, the Parties shall make every effort to reach agreement by consensus.
If all efforts at consensus have been exhausted, and no agreement reached, such decisions
shall, as a last resort, 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.s
(d) The decisions, which shall be binding on all Parties, shall forthwith be communicated to the
Parties by the Depositary. Unless otherwise provided in the decisions, they shall enter into
force on the expiry of six months from the date of the circulation of the communication by the
Depositary.

10.
*

Based on the assessments made pursuant to Article 6 of this Protocol and in accordance with
the procedure set out in Article 9 of the Convention, the Parties may decide:
(i) whether any substances, and if so which, should be added to or removed from any annex
to this Protocol; and
(ii) the mechanism, scope and timing of the control measures that should apply to those
substances;

11. Notwithstandig the provisions contanined in this Article and Articles 2A to 2I , Parties may take

more stringent measures than those required by this Article and Articles 2A to 2I.
Article 2A. : CFCs
1. Each Party shall ensure that for the twelve-month period commencing on the first day of the
seventh month following the date of the entry into force of this Protocol, and in each twelve-month
period thereafter, its calculated level of consumption of the controlled substances in Group I of
Annex A does not exceed its calculated level of consumption in 1986. By the end of the same
period, each Party producing one or more of these substances shall ensure that its calculated
level of production of the substances does not exceed its calculated level of production in 1986,
except that such level may have increased by no more than ten per cent based on the 1986 level.
Such increase shall be permitted only so as to satisfy the basic domestic needs of the Parties
operating under Article 5 and for the purposes of industrial rationalization between Parties.
2. Each Party shall ensure that for the period from 1 July 1991 to 31 December 1992 its calculated
levels of consumption and production of the controlled substances in Group I of Annex A do not
exceed 150 per cent of its calculated levels of production and consumption of those substances in
1986; with effect from 1 January 1993, the twelve-month control period for these controlled
substances shall run from 1 January to 31 December each year.
3. Each Party shall ensure that for the twelve-month period commencing on 1 January 1994, and in
each twelve-month period thereafter, its calculated level of consumption of the controlled
substances in Group I of Annex A does not exceed, annually, twenty-five per cent of its calculated
level of consumption in 1986. 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, twenty-five per cent of its calculated level of production in 1986. However, in order to
satisfy the basic domestic needs of the Parties operating under paragraph 1 of Article 5, its
calculated level of production may exceed that limit by up to ten per cent of its calculated level of
production in 1986.
4. Each Party shall ensure that for the twelve-month period commencing on 1 January 1996, and in
each twelve-month period thereafter, its calculated level of consumption of the controlled
substances in Group I of Annex A 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 paragraph 1 of Article 5, its calculated level of production may exceed that
limit by a quantity equal to the annual average of its production of the controlled substances in
Group I of Annex A for basic domestic needs for the period 1995 to 1997 inclusive. This
paragraph will apply save to the extent that the Parties decide to permit the level of production or
consumption that is necessary to satisfy uses agreed by them to be essential.
5. Each Party shall ensure that for the twelve-month period commencing on 1 January 2003 and in

each twelve-month period thereafter, its calculated level of production of the controlled substances
in Group I of Annex A for the basic domestic needs of the Parties operating under paragraph 1 of
Article 5 does not exceed eighty per cent of the annual average of its production of those
substances for basic domestic needs for the period 1995 to 1997 inclusive.
6. Each Party shall ensure that for the twelve-month period commencing on 1 January 2005 and in
each twelve-month period thereafter, its calculated level of production of the controlled substances
in Group I of Annex A for the basic domestic needs of the Parties operating under paragraph 1 of
Article 5 does not exceed fifty per cent of the annual average of its production of those substances
for basic domestic needs for the period 1995 to 1997 inclusive.
7. Each Party shall ensure that for the twelve-month period commencing on 1 January 2007 and in
each twelve-month period thereafter, its calculated level of production of the controlled substances
in Group I of Annex A for the basic domestic needs of the Parties operating under paragraph 1 of
Article 5 does not exceed fifteen per cent of the annual average of its production of those
substances for basic domestic needs for the period 1995 to 1997 inclusive.
8. Each Party shall ensure that for the twelve-month period commencing on 1 January 2010 and in
each twelve-month period thereafter, its calculated level of production of the controlled substances
in Group I of Annex A for the basic domestic needs of the Parties operating under paragraph 1 of
Article 5 does not exceed zero.
9. For the purposes of calculating basic domestic needs under paragraphs 4 to 8 of this Article, the
calculation of the annual average of production by a Party includes any production entitlements
that it has transferred in accordance with paragraph 5 of Article 2, and excludes any production
entitlements that it has acquired in accordance with paragraph 5 of Article 2.
Article 2B. : Halons
1. Each Party shall ensure that for the twelve-month period commencing on 1 January 1992, and in
each twelve-month period thereafter, its calculated level of consumption of the controlled
substances in Group II of Annex A does not exceed, annually, its calculated level of consumption
in 1986. 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, its
calculated level of production in 1986. However, in order to satisfy the basic domestic needs of the
Parties operating under paragraph 1 of Article 5, its calculated level of production may exceed that
limit by up to ten per cent of its calculated level of production in 1986.
2. Each Party shall ensure that for the twelve-month period commencing on 1 January 1994, and in
each twelve-month period thereafter, its calculated level of consumption of the controlled
substances in Group II of Annex A 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 paragraph 1 of Article 5, its calculated level of production may, until 1
January 2002 exceed that limit by up to fifteen per cent of its calculated level of production in
1986; thereafter, it may exceed that limit by a quantity equal to the annual average of its
production of the controlled substances in Group II of Annex A for basic domestic needs for the
period 1995 to 1997 inclusive. This paragraph will apply save to the extent that the Parties decide
to permit the level of production or consumption that is necessary to satisfy uses agreed by them
to be essential.
3. Each Party shall ensure that for the twelve-month period commencing on 1 January 2005 and in
each twelve-month period thereafter, its calculated level of production of the controlled substances
in Group II of Annex A for the basic domestic needs of the Parties operating under paragraph 1 of
Article 5 does not exceed fifty per cent of the annual average of its production of those substances
for basic domestic needs for the period 1995 to 1997 inclusive.
4. Each Party shall ensure that for the twelve-month period commencing on 1 January 2010 and in
each twelve-month period thereafter, its calculated level of production of the controlled substances
in Group II of Annex A for the basic domestic needs of the Parties operating under paragraph 1 of
Article 5 does not exceed zero.
Article 2C. : Other Fully Halogenated CFCs
1. Each Party shall ensure that for the twelve-month period commencing on 1 January 1993, its
calcutaled level of consumption of the controlled substances in Group I of Annex B does not
exceed, annually, eighty per cent of its calculated level of consumption in 1989. Each Party
producing one or more of these substances shall, for the same period, ensure that its calculated
level of production of the substances does not exceed, annually, eighty per cent of its calculated
level of production in 1989. However, in order to satisfy the basic domestic needs of the Parties
operating under paragraph 1 of Article 5, its calculated level of production may exceed that limit by
up to ten per cent of its calculated level of production in 1989.
2. Each Party shall ensure that for the twelve-month period commencing on 1 January 1994, and in
each twelve-month period thereafter, its calculated level of consumption of the controlled
substances in Group I of Annex B does not exceed, annualy, twenty-five per cent 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, twenty-five per cent of its calculated level of production in 1989. However, in order to
satisfy the basic domestic needs of the Parties operating under paragraph 1 of Article 5, its
calculated level of production may exceed that limit by up to ten per cent of its calculated level of
production in 1989. However, in order to satisfy the basic domestic needs of the Parties operating
under paragraph 1 of Article 5, its calculated level of production may exceed that limit by up to ten
per cent of its calculated level of production in 1989.

3. Each Party shall ensure that for the twelve-month period commencing on 1 January 1996, and in
each twelve-month period thereafter, its calculated level of consumption of the controlled
substances in Group I of Annex 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 paragraph 1 of Article 5, its calculated level of production may, until 1
January 2003 exceed that limit by up to fifteen per cent of its calculated level of production in
1989; thereafter, it may exceed that limit by a quantity equal to eighty per cent of the annual
average of its production of the controlled substances in Group I of Annex B for basic domestic
needs for the period 1998 to 2000 inclusive. This paragraph will apply save to the extent that the
Parties decide to permit the level of production or consumption that is necessary to satisfy uses
agreed by them to be essential.
4. Each Party shall ensure that for the twelve-month period commencing on 1 January 2007 and in
each twelve-month period thereafter, its calculated level of production of the controlled substances
in Group I of Annex B for the basic domestic needs of the Parties operating under paragraph 1 of
Article 5 does not exceed fifteen per cent of the annual average of its production of those
substances for basic domestic needs for the period 1998 to 2000 inclusive.
5. Each Party shall ensure that for the twelve-month period commencing on 1 January 2010 and in
each twelve-month period thereafter, its calculated level of production of the controlled substances
in Group I of Annex B for the basic domestic needs of the Parties operating under paragraph 1 of
Article 5 does not exceed zero.
Article 2D. : Carbon Tetrachloride
1. Each Party shall ensure that for the twelve-month period commencing on 1 January 1995, its
calculated level of consumption of the controlled substances in Group II of Annex B does not
exceed, annually, fifteen per cent of its calculated level of consumption in 1989. Each Party
producing the substance shall, for the same period, ensure that its calculated level of production
of the substance does not exceed, annually, fifteen per cent of its calculated level of production in
1989. However, in order to satisfy the basic domestic needs of the Parties operating under
paragraph 1 of Article 5, its calculated level of production may exceed that limit by up to ten per
cent of its calculated level of production in 1989.
2. Each Party shall ensure that for the twelve-month period commencing on 1 January 1996, and in
each twelve-month period thereafter, its calculated level of consumption of the controlled
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 substances does
not exceed zero. However, in order to satisfy the basic domestic needs of the Parties operating
under paragraph 1 of Article 5, its calculated level of production may exceed that limit by up to
fifteen per cent of its calculated level of production in 1989. This paragraph will apply save to the

extent that the Parties decide to permit the level of production or consumption that is necessary to
satisfy uses agreed by them to be essential.
Article 2E. : 1, 1, 1-Trichloroethane (Methyl Chloroform)
1. Each Party shall ensure that for the twelve-month period commencing on 1 January 1993, 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 period, 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 paragraph 1 of Article 5, its calculated level of
production may exceed that limit by up to ten per cent of its calculated level of production in 1989.
2. Each Party shall ensure that for the twelve-month period commencing on 1 January 1994, and in
each twelve-month period thereafter, its calculated level of consumption of the controlled
substance in Group III of Annex B does not exceed, annually, fifty per cent 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, fifty per cent of its
calculated level of production in 1989. However, in order to satisfy the basic domestic needs of the
Parties operating under paragraph 1 of Article 5, its calculated level of production may exceed that
limit by up to ten per cent of its calculated level of production in 1989.
3. Each Party shall ensure that for the twelve-month period commencing on 1 January 1996, and in
each twelve-month period thereafter, its calculated level of consumption of the controlled
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
paragraph 1 of Article 5, its calculated level of production may exceed that limit by up to fifteen per
cent of its calculated level of production in 1989. This paragraph will apply save to the extent that
the Parties decide to permit the level of production or consumption that is necessary to satisfy
uses agreed by them to be essential.
Article 2F. : Hydrochlorofluorocarbons
1. Each Party shall ensure that for the twelve-month period commencing on 1 January 1996, and in
each twelve-month period thereafter, its calculated level of consumption of the controlled
substances in Group I of Annex C does not exceed, annually, the sum of:
a) Two point eight per cent of its calculated level of consumption in 1989 of the controlled
substances in Group I of Annex A; and
b) Its calculated level of consumption in 1989 of the controlled substances in Group I of Annex C.

2. Each Party producing one or more of these substances shall ensure that for the twelve-month
period commencing on 1 January 2004, and in each twelve-month period thereafter, its calculated
level of production of the controlled substances in Group I of Annex C does not exceed, annually,
the average of:
(a) The sum of its calculated level of consumption in 1989 of the controlled substances in Group I
of Annex C and two point eight per cent of its calculated level of consumption in 1989 of the
controlled substances in Group I of Annex A; and
(b) The sum of its calculated level of production in 1989 of the controlled substances in Group I of
Annex C and two point eight per cent of its calculated level of production in 1989 of the
controlled substances in Group I of Annex A.

However, in order to satisfy the basic domestic needs of the Parties operating under paragraph 1 of
Article 5, its calculated level of production may exceed that limit by up to fifteen per cent of its
calculated level of production of the controlled substances in Group I of Annex C as defined above.
3. Each Party shall ensure that for the twelve-month period commencing on 1 January 2004, and in
each twelve-month period thereafter, its calculated level of consumption of the controlled
substances in Group I of Annex C does not exceed, annually, sixty-five per cent of the sum
referred to in paragraph 1 of this Article.
4. Each Party shall ensure that for the twelve-month period commencing on 1 January 2010, and in
each twelve-month period thereafter, its calculated level of consumption of the controlled
substances in Group I Annex C does not exeeed, annually, twenty-five per cent of the sum
referred to in paragraph 1 of this Article. Each Party producing one or more of these substances
shall, for the same periods, ensure that its calculated level of production of the controlled
substances in Group I of Annex C does not exceed, annually, twenty-five per cent of the
calculated level referred to in paragraph 2 of this Article. However, in order to satisfy the basic
domestic needs of the Parties operating under paragraph 1 of Article 5, its calculated level of
production may exceed that limit by up 10 ten per cent of its calculaled level of production of the
conlrolled substances in Group I of Annex C as referred to in paragraph 2.
5. Each Party shall ensure that for the twelve-month period commencing on 1 January 2015, and in
each twelve-month period thereafter, its calculated level of consumption of the controlled
substances in Group I of Annex C does not exceed, annually, ten per cent of the sum referred to
in paragraph 1 of this Article. Each Party producing one or more of these substances shall, for the
same periods, ensure that its calculated level of production of the controlled substances in Group I
of Annex C does not exceed, annually, ten per cent of the calculated level referred to in paragraph
2 of this Article. However, in order to satisfy the basic domestic needs of the Parties operating
under paragraph 1 of Article 5, its calculated level of production may exceed that limit by up to ten
per cent of its calculated level of production of the controlled substances in Group I of Annex C as
referred to in paragraph 2.

6. Each Party shall ensure. that for the twelve-month period commencing on 1 January 2020, and in
each twelve-month period thereafter, its calculated level of consumption of the eontrolled
substances in Group I of Annex C does not exceed zero. Eaeh Party producing one or more of
these substances shall, for the same periods, ensure that its calculated level of production of the
controlled substances in Group I of Annex C does not exceed zero. However:
a) Each Party may exceed that limit on consumption by up to zero point five per cent of the sum
referred to in paragraph 1 of this Artic1e in any such twelve¬month period ending before 1
January 2030, provided that such consumption shall be restricted to the servicing of
refrigeration and air-conditioning equipment existing on 1 January 2020;
b) Each Party may exeeed that limit on production by up to zero point five per cent of the average
referred to in paragraph 2 of this Article in any such twelve-month period ending before 1
January 2030, provided that such production shall be restricted to the servicing of refrigeration
and air-conditioning equipment existing on 1 January 2020.

7. As of 1 January 1996, each Party shall endeavour to ensure that:
a) The use of controlled substances in Group I of Annex C is limited to those applications where
other more environmentally suitable alternative substances or technologies are not available;
b) The use of controlled substances in Group I of Annex C is not outside the areas of application
currently met by controlled substances in Annexes A, B and C, except in rare cases for the
protection of human life or human health; and
c) Controlled substances in Group I of Annex C are selected for use in a manner that minimizes
ozone depletion, in addition to meeting other environmental, safety and economic
considerations.

Article 2G. : Hydrobromofluorocarbons
Each Party shall ensure that for the twelve-month period commencing on 1 January 1996, and in
each twelve-month period thereafter, its calculated level of consumption of the controlled substances
in Group II of Annex C does not exeed zero. Each Party producing the substances shall, for the same
periods, ensures that its calculated level of production of the substances does not exceed zero. This
paragraph will apply save to the extent that the Parties decide to permit the level of production or
consumption that is necessary to satisfy uses agreed by them to be essential.
Article 2H. : Methyl Bromide
1. Each Party shall ensure that for the twelve-month period commencing on 1 January 1995, and in
each twelve-month period thereafter, its calculated level of consumption of the controlled
substance in Annex E does not exceed, annually, its calculated level of consumption in 1991.
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 1991.

However, in order to satisfy the basic domestic needs of the Parties operating under paragraph 1
of Article 5, its calculated level of production may exceed that limit by up to ten per cent of its
calculated level of production in 1991.
2. Each Party shall ensure that for the twelve-month period commencing on 1 January 1999, and in
the twelve-month period thereafter, its calculated level of consumption of the controlled substance
in Annex E does not exceed, annually, seventy-five per cent of its calculated level of consumption
in 1991. Each Party producing the substance shall, for the same periods, ensure that its
calculated level of production of the substance does not exceed, annually, seventy-five per cent of
its calculated level of production in 1991. However, in order to satisfy the basic domestic needs of
the Parties operating under paragraph 1 of Article 5, its calculated level of production may exceed
that limit by up to ten per cent of its calculated level of production in 1991.
3. Each Party shall ensure for the twelve-month period commencing on 1 January 2001, and in the
twelve-month period thereafter, its calculated level of consumption of the controlled substance in
Annex E does not exceed, annually, fifty per cent of its calculated level of consumption in 1991.
Each Party producing the substance shall, for the same periods, ensure that its calculated level of
production of the substance does not exceed, annually, fifty per cent of its calculated level of
production in 1991. However, in order to satisfy the basic domestic needs of the Parties operating
under paragraph 1 of Article 5, its calculated level of production may exceed that limit by up to ten
per cent of its calculated level of production in 1991.
4. Each Party shall ensure that for the twelve-month period commencing on 1 January 2003, and in
the twelve-month period thereafter, its calculated level of consumption of the controlled substance
in Annex E does not exceed, annually, thirty per cent of its calculated level of consumption in
1991. Each Party producing the substance shall, for the same periods, ensure that its calculated
level of production of the substance does not exceed, annually, thirty per cent of its calculated
level of production in 1991. However, in order to satisfy the basic domestic needs of the Parties
operating under paragraph 1 of Article 5, its calculated level of production may exceed that limit by
up to ten per cent of its calculated level of production in 1991.
5. Each Party shall ensure that for the twelve-month period commencing on 1 January 2005, and in
the twelve-month period thereafter, its calculated level of consumption of the controlled substance
in Annex E 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 paragraph 1
of Article 5, its calculated level of production may, until 1 January 2002 exceed that limit by up to
fifteen per cent of its calculated level of production in 1991; thereafter, it may exceed that limit by a
quantity equal to the annual average of its production of the controlled substance in Annex E for
basic domestic needs for the period 1995 to 1998 inclusive. This paragraph will apply save to the
extent that the Parties decide to permit the level of production or consumption that is necessary to
satisfy uses agreed by them to be critical uses.

5 bis.

Each Party shall ensure that for the twelve-month period commencing on 1 January 2005 and

in each twelve-month period thereafter, its calculated level of production of the controlled
substance in Annex E for the basic domestic needs of the Parties operating under paragraph 1 of
Article 5 does not exceed eighty per cent of the annual average of its production of the substance
for basic domestic needs for the period 1995 to 1998 inclusive.
5 ter.

Each Party shall ensure that for the twelve-month period commencing on 1 January 2015 and

in each twelve-month period thereafter, its calculated level of production of the controlled
substance in Annex E for the basic domestic needs of the Parties operating under paragraph 1 of
Article 5 does not exceed zero.
6. The calculated levels of consumption and production under this Article shall not include the
amounts used by the Party for quarantine and pre-shipment applications.
Article 2I. Bromochloromethane
Each Party shall ensure that for the twelve-month period commencing in 1 January 2002, and in each
twelve-month period thereafter, its a calculated level of consumption and production of the controlled
substance in Group III of Annex C does not exceed zero. This paragraph will apply save to the extent
that the Parties decide to permit the level of production or consumption that is necessary to satisfy
uses agreed to be essential.
Article 3. Calculation of control levels
For the purpose of Articles 2, 2A to 2I, and 5, each Party shall, for each Group of substances in
Annex A, Annex B, Annex C or Annex E determine its calculated levels of:
(a) production by:
(i) multiplying its annual production of each controlled substance by the ozone depleting
potential specified in respect of it in Annex A, Annex B, Annex C or Annex E; and
(ii) adding together, for each such Group, the resulting figures;
(b) imports and exports, respectively, by following,mutatis mutandis,the procedure set out in
subparagraph (a); and
(c) consumption by adding together its calculated levels of production and imports and subtracting
its calculated level of exports as determined in accordance with subparagraphs (a) and (b).
However, beginning on 1 January 1993, any export of controlled substances to non-Parties
shall not be subtracted in calculating the consumption level of the exporting Party.

Article 4. Control of trade with non-Parties
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.
1 ter.

Within one year of the date of entry into force of this paragraph, each Party shall ban the

import of any controlled substances in Group II of Annex C from any State not party to this
Protocol.
1 qua. Within one year of the date of entry into force of this paragraph, each Party shall ban the
import of the controlled substance in Annex E from any State not party to this Protocol.
1 quin. As of 1 January 2004, each Party shall ban the import of the controlled substances in Group I
of Annex C from any State not party to this Protocol.
1 sex. Within one year of the date of entry into force of this paragraph, each Party shall ban the
import of the controlled substance in Group III of Annex C from any State not party to this
Protocol.
2. Beginning on 1 January 1993, no Party operating under paragraph 1 of Article 5 may export any
controlled substance 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.
2 ter.

Commencing one year after the date of entry into force of this paragraph, each Party shall

ban the export of any controlled substances in Group II of Annex C to any State not party to this
Protocol.
2 qua. Commencing one year after the date of entry into force of this paragraph, each Party shall
ban the export of the controlled substance in Annex E to any State not party to this Protocol.
2 quin. As of 1 January 2004, each Party shall ban the export of the controlled substances in Group I
of Annex C to any State not party to this Protocol.
2 sex. Within one year of the date of entry into force of this paragraph, each Party shall ban the
export of the controlled substance in Group III of Annex C to any State not party to this Protocol.
3. Within three years of the date of the entry into force of this Protocol, the Parties shall, following the
procedures in Article 10 of the Convention, elaborate in an annex a list of products containing
controlled substances. 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.
3 ter.

Within three years of the date of entry into force of this paragraph, the Parties shall, following

the procedures in Article 10 of the Convention, elaborate in an annex a list of products containing
controlled substances in Group II of Annex C. Parties that have not objected to the annex in
accordance with those 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. Within five years of the entry into force of this Protocol, 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. 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 it 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.
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.
4 ter.

Within five years of the date of entry into force of this paragraph, the Parties shall determine

feasibility of banning or restricting, from States not party to this Protocol, the import of products
produced with, but not containing, controlled substances in Group II of Annex C. If determined
feasible, the Parties shall, following the procedures in Article 10 of the Convention, elaborate in an
annex a list of such products. Parties that have not objected to the annex in accordance with
those procedures shall ban or restrict, within one year of the annex having become effective, the
import of those products from any State not party to this Protocol.
5. Each Party shall discourage the export, to any State not party to this Protocol, of technology for
producing and for utilizing controlled substances in Annexes A, B, C and E.
6. Each Party shall refrain from providing new subsidies, aid, credits, guarantees or insurance
programmes for the export to States not party to this Protocol of products, equipment, plants or
technology that would facilitate the production of controlled substances in Annexes A, B, C and E.
7. Paragraphs 5 and 6 shall not apply to products, equipment, plants or technology that improve the

containment, recovery, recycling or destruction of controlled substances in Annexes A, B, C and
E, promote the development of alternative substances, or otherwise contribute to the reduction of
emissions of controlled substances in Annexes A, B, C and E.
8. Notwithstanding the provisions of this Article, imports and exports referred to in paragraphs 1 to
4ter of this Article, 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 2I and
this Article and have submitted data to that effect as specified in Article 7.
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.
10. By 1 January 1996, the Parties shall consider whether to amend this Protocol in order to extend
the measures in this Article to trade in controlled substances in Group I of Annex C and in Annex
E with States not party to the Protocol.
Article 4A. : Control of trade with Parties
1. Where, after the phase-out date applicable to it for a controlled substance, a Party is unable,
despite having taken all practicable steps to comply with its obligation under the Protocol, to cease
production of that substance for domestic consumption, other than for uses agreed by the Parties
to be essential, it shall ban the export of used, recycled and reclaimed quantities of that
substance, other than for the purpose of destruction.
2. Paragraph 1 of this Article shall apply without prejudice to the operation of Article 11 of the
Convention and the non-compliance procedure developed under Article 8 of the Protocol.
Article 4B. : Licensing
1. Each Party shall, by 1 January 2000 or within three months of the date of entry into force of this
Article for it, whichever is the later, establish and implement a system for licensing the import and
export of new, used, recycled and reclaimed controlled substances in Annexes A, B, C and E.
2. Notwithstanding paragraph 1 of this Article, any Party operating under paragraph 1 of Article 5
which decides it is not in a position to establish and implement a system for licensing the import
and export of controlled substances in Annexes C and E, may delay taking those actions until 1
January 2005 and 1 January 2002, respectively.
3. Each Party shall, within three months of the date of introducing its licensing system, report to the
Secretariat on the establishment and operation of that system.
4. The Secretariat shall periodically prepare and circulate to all Parties a list of the Parties that have

reported to it on their licensing systems and shall forward this information to the Implementation
Committee for consideration and appropriate recommendations to the Parties.
Article 5. Special situation of developing countries
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 ten years its compliance with the control measures
set out in Articles 2A to 2E, provided that any further amendments to the adjustments or
Amendments adopted at the Second Meeting of the Parties in London, 29 June 1990, shall apply
to the Parties operating under this paragraph after the review provided for in paragraph 8 of this
Article has taken place and shall be based on the conclusions of that review.
1bis.

The Parties shall, taking into account the review referred to in paragraph 8 of this Article, the

assessments made pursuant to Article 6 and any other relevant information, decide by 1 January
1996, through the procedure set forth in paragraph 9 of Article 2:
a) With respect to paragraphs 1 to 6 of Article 2F, what base year, initial levels, control schedules
and phase-out date for consumption of the controlled substances in Group I of Annex C will
apply to Parties operating under paragraph 1 of this Article;
b) With respect to Article 2G, what phase-out date for production and consumption of the
controlled substances in Group II of Annex C will apply to Parties operating under paragraph 1
of this Article; and
c) With respect to Article 2H, what base year, initial levels and control schedules for consumption
and production of the controlled substance in Annex E will apply to Parties operating under
paragraph 1 of this Article.

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 relating to consumption;
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 relating to consumption;
c) For controlled substances under Annex A, either the average of its annual calculated level of
production for the period 1995 to 1997 inclusive or a calculated level of production of 0.3
kilograms per capita, whichever is the lower, as the basis for determining its compliance with
the control measures relating to production.
d) For controlled substances under Annex B, either the average of its annual calculated level of
production for the period 1998 to 2000 inclusive or a calculated level of production of 0.2
kilograms per capita, whichever is the lower, as the basis for determining its compliance with
the control measures relating to production.

4. If a Party operating under paragraph 1 of this Article, at any time before the control measures
obligations in Articles 2A to 2I 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 Article 2I, and any
control measures in Articles 2F to 2H that are decided pursuant to paragraph 1 bis of this Article,
and their implementation by those same Parties will depend upon the effective implementation of
the financial co-operation 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 and Article 2I, or any or all obligations in Articles 2F to 2H that are
decided pursuant to paragraph 1bis of this Article, 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 co-operation
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.

8bis.

Based on the conclusions of the review referred to in paragraph 8 above:

a) With respect to the controlled substances in Annex A, a Party operating under paragraph 1 of
this Article shall, in order to meet its basic domestic needs, be entitled to delay for ten years its
compliance with the control measures adopted by the Second Meeting of the Parties in
London, 29 June 1990, and reference by the Protocol to Articles 2A and 2B shall be read
accordingly;

b) With respect to the controlled substances in Annex B, a Party operating under paragraph 1 of
this Article shall, in order to meet its basic domestic needs, be entitled to delay for ten years its
compliance with the control measures adopted by the Second Meeting of the Parties in
London, 29 June 1990, and reference by this Protocol to Articles 2C to 2E shall be read
accordingly.

8ter.

Pursuant to paragraph 1bis above:

a) Each Party operating under paragraph 1 of this Article shall ensure that for the twelve-month
period commencing on 1 January 2013, and in each twelve-month period thereafter, its
calculated level of consumption of the controlled substances in Group I of Annex C does not
exceed, annually, the average of its calculated levels of consumption in 2009 and 2010. Each
Party operating under paragraph 1 of this Article shall ensure that for the twelve-month period
commencing on 1 January 2013 and in each twelve-month period thereafter, its calculated
level of production of the controlled substances in Group I of Annex C does not exceed,
annually, the average of its calculated levels of production in 2009 and 2010;
b) Each Party operating under paragraph 1 of this Article shall ensure that for the twelve-month
period commencing on 1 January 2015, and in each twelve-month period thereafter, its
calculated level of consumption of the controlled substances in Group I of Annex C does not
exceed, annually, ninety per cent of the average of its calculated levels of consumption in 2009
and 2010. Each such Party producing one or more of these substances shall, for the same
periods, ensure that its calculated level of production of the controlled substances in Group I of
Annex C does not exceed, annually, ninety per cent of the average of its calculated levels of
production in 2009 and 2010;
c) Each Party operating under paragraph 1 of this Article shall ensure that for the twelve-month
period eommencing on 1 January 2020, and in each twelve-month period thereafter, its
calculated level of consumption of the controlled substances in Group I of Annex C does not
exceed, annually, sixty-five per cent of the average of its calculated levels of consumption in
2009 and 2010. Each such Party producing one or more of these substances shall, for the
same periods, ensure that its calculated level of production of the controlled substances in
Group I of Annex C does not exceed, annually, sixty-five per cent of the average of its
calculated levels of production in 2009 and 2010;
d) Each Party operating under paragraph 1 of this Article shall ensure that for the twelve-month

period commencing on 1 January 2025, and in each twelve-month period thereafter, its
calculated level of consumption of the controlled substances in Group I of Annex C does not
exceed, annually, thirty-two point five per cent of the average of its calculated levels of
consumption in 2009 and 2010. Each such Party producing one or more of these substances
shall, for the same periods, ensure that its calculated level of production of the controlled
substances in Group I of Annex C does not exceed, annually, thirty-two point five per cent of
the average of its calculated levels of production in 2009 and 2010;
e) Each Party operating under paragraph 1 of this Article shall ensure that for the twelve-month
period commencing on 1 January 2030, and in each twelve-month period thereafter, its
calculated level of consumption of the controlled substances in Group I of Annex C does not
exceed zero. Each such Party producing one or more of these substances shall, for the same
periods, ensure that its calculated level of production of the controlled substances in Group I of
Annex C does not exceed zero. However:
(i) Each such Party may exceed that limit on consumption in any such twelve-month period so
long as the sum of its calculated levels of consumption over the ten-year period from 1
January 2030 to 1 January 2040, divided by ten, does not exceed two point five per cent of
the average of its calculated levels of consumption in 2009 and 2010, and provided that
such consumption shall be restricted to the servicing of refrigeration and air-conditioning
equipment existing on 1 January 2030;
(ii) Each such Party may exceed that limit on production in any such twelve-month period so
long as the sum of its calculated levels of production over the ten-year period from 1
January 2030 to 1 January 2040, divided by ten, does not exceed two point five per cent of
the average of its calculated levels of production in 2009 and 2010, and provided that such
production shall be restricted to the servicing of refrigeration and air-conditioning
equipment existing on 1 January 2030.
f) Each Party operating under paragraph 1 of this Article shall comply with Article 2G;
g) With regard to the controlled substance contained in Annex E:
(i) As of 1 January 2002 each Party operating under paragraph 1 of this Article shall comply
with the control measures set out in paragraph 1 of Article 2H and, as the basis for its
compliance with these control measures, it shall use the average of its annual calculated
level of consumption and production, respectively, for the period of 1995 to 1998 inclusive;
(ii) Each Party operating under paragraph 1 of this Article shall ensure that for the
twelve-month period commencing on 1 January 2005, and in each twelve-month period
thereafter, its calculated levels of consumption and production of the controlled substance
in Annex E do not exceed, annually, eighty per cent of the average of its annual calculated
levels of consumption and production, respectively, for the period of 1995 to 1998
inclusive;
(iii) Each Party operating under paragraph 1 of this Article shall ensure that for the
twelve-month period commencing on 1 January 2015, and in each twelve-month period
thereafter, its calculated levels of consumption and production of the controlled substance

in Annex E do not exceed zero. This paragraph will apply save to the extent that the
Parties decide to permit the level of production or consumption that is necessary to satisfy
uses agreed by them to be critical uses;
(iv) The calculated levels of consumption and production under this subparagraph shall not
include the amounts used by the Party for quarantine and pre-shipment applications.

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.
Article 6. Assessment and review of control measures
Beginning in 1990, and at least every four years thereafter, the Parties shall assess the control
measures provided for in Article 2 Articles 2A to 2I on the basis of available scientific, environmental,
technical and economic information. At least one year before each assessment, the Parties shall
convene appropriate panels of experts qualified in the fields mentioned and determine the
composition and terms of reference of any such panels. Within one year of being convened, the
panels will report their conclusions, through the secretariat, to the Parties.
Article 7. Reporting of data
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 Groups I and II of Annex C, for the year 1989;

-

in Annex E, for the year 1991,

or the best possible estimates of such data where actual data are not available, not later than three
months after the date when the provisions set out in the Protocol with regard to the substances in
Annexes B, C and E respectively enter into force for that Party.
3. Each Party shall provide to the Secretariat statistical data on its annual production (as defined in
paragraph 5 of Article 1) of each of the controlled substances listed in Annexes A, B, C and E and,
separately, for each substance,
-

Amounts used for feedstocks,

-

Amounts destroyed by technologies approved by the Parties, and

-

Imports from and exports to Parties and non-Parties respectively,

for the year during which provisions concerning the substances in Annexes A, B, C and E respectively

entered into force for that Party and for each year thereafter. Each Party shall provide to the
Secretariat statistical data on the annual amount of the controlled substance listed in Annex E used
for quarantine and pre-shipment applications. Data shall be forwarded not later than nine months after
the end of the year to which the data relate.
3 bis.

Each Party shall provide to the Secretariat separate statistical data of its annual imports and

exports of each of the controlled substances listed in Group II of Annex A and Group I of Annex C
that have been recycled.
4.
For Parties operating under the provisions of paragraph 8 (a) of Article 2, the requirements in
paragraphs 1, 2, 3 and 3 bis 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.
Article 8. Non-compliance
The Parties, at their first meeting, shall consider and approve procedures and institutional
mechanisms for determining non-compliance with the provisions of this Protocol and for treatment of
Parties found to be in non-compliance.
Article 9. Research, development, public awareness and exchange of information
1. The Parties shall co-operate, consistent with their national laws, regulations and practices and
taking into account in particular the needs of developing countries, in promoting, directly or
through competent international bodies, research, development and exchange of information on:
(a) Best technologies for improving the containment, recovery, recycling, or destruction of
controlled substances or otherwise reducing their emissions;
(b) possible alternatives to controlled substances, to products containing such substances, and to
products manufactured with them; and
(c) costs and benefits of relevant control strategies.

2. The Parties, individually, jointly or through competent international bodies, shall co-operate in
promoting public awareness of the environmental effects of the emissions of controlled
substances and other substances that deplete the ozone layer.
3. Within two years of the entry into force of this Protocol and every two years thereafter, each Party
shall submit to the secretariat a summary of the activities it has conducted pursuant to this Article.
Article 10. Financial mechanism
1. The Parties shall establish a mechanism for the purposes of providing financial and technical

co-operation, including the transfer of technologies, to Parties operating under paragraph 1 of
Article 5 of this Protocol to enable their compliance with the control measures set out in Articles 2A
to 2E and Article 2I, and any control measures in Articles 2F to 2H that are decided pursuant to
paragraph 1bis of Article 5 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 co-operation.
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;

b) Finance clearing-house functions to:
(i) Assist Parties operating under paragraph 1 of Article 5, through country specific studies
and other technical co-operation, to identify their needs for co-operation;
(ii) Facilitate technical co-operation 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 co-operation 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 co-operation 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 paragraph 1 of Article 5
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
paragraph 1 of Article 5 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 co-operation 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
co-operation, 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.
Article 10a. Transfer of technology
Each Party shall take every practicable step, consistent with the programmes supported by the
financial mechanism, to ensure:
a) That the best available, environmentally safe substitutes and related technologies are
expeditiously transferred to Parties operating under paragraph 1 of Article 5; and
b) That the transfers referred to in subparagraph (a) occur under fair and most favourable
conditions.

Article 11. Meetings of the Parties
1. The Parties shall hold meetings at regular intervals. The secretariat shall convene the first meeting
of the Parties not later than one year after the date of the entry into force of this Protocol and in
conjunction with a meeting of the Conference of the Parties to the Convention, if a meeting of the
latter is scheduled within that period.

2. Subsequent ordinary meetings of the Parties shall be held, unless the Parties otherwise decide, in
conjunction with meetings of the Conference of the Parties to the Convention. Extraordinary
meetings of the Parties shall be held at such other times as may be deemed necessary by a
meeting of the Parties, or at the written request of any Party, provided that, within six months of
such a request being communicated to them by the secretariat, it is supported by at least one third
of the Parties.
3. The Parties, at their first meeting, shall:
(a) adopt by consensus rules of procedure for their meetings;
(b) adopt by consensus the financial rules referred to in paragraph 2 of Article 13;
(c) establish the panels and determine the terms of reference referred to in Article 6;
(d) consider and approve the procedures and institutional mechanisms specified in Article 8; and
(e) begin preparation of workplans pursuant to paragraph 3 of Article 10.

4. The functions of the meetings of the Parties shall be to:
(a) review the implementation of this Protocol;
(c) decide on any addition to, insertion in or removal from any annex of substances and on related
control measures in accordance with paragraph 10 of Article 2;
(d) establish, where necessary, guidelines or procedures for reporting of information as provided
for in Article 7 and paragraph 3 of Article 9;
(e) review requests for technical assistance submitted pursuant to paragraph 2 of Article 10;
(f) review reports prepared by the secretariat pursuant to subparagraph (c) of Article 12;
(g) assess, in accordance with Article 6, the control measures;
(h) consider and adopt, as required, proposals for amendment of is Protocol or any annex and for
any new annex;
(i) consider and adopt the budget for implementing this Protocol; and
(j) consider and undertake any additional action that may be required for the achievement of the
purposes of this Protocl.

5. The United Nations, its specialized agencies and the International Atomic Energy Agency, as well
as any State not party to this Protocol, may be represented at meetings of the Parties as
observers.

Any body or

agency,

whether

national or

international, governmental or

non-governmental, qualified in fields relating to the protection of the ozone layer which has
informed the secretariat of its wish to be represented at a meeting of the Parties as an observer
may be admitted unless at least one third of the Parties present object. The admission and
participation of observers shall be subject to the rules of procedure adopted by the Parties.
Article 12. Secretariat
For the purposes of this Protocol, the secretariat shall:

(a) arrange for and service meetings of the Parties as provided for in Article 11;
(b) receive and make available, upon request by a Party, data provided pursuant to Article 7;
(c) prepare and distribute regularly to the Parties reports based on information received pursuant
to Articles 7 and 9;
(d) notify the Parties of any request for technical assistance received pursuant to Article 10 so as
to facilitate the provision of such assistance;
(e) encourage non-Parties to attend the meetings of the Parties as observers and to act in
accordance with the provisions of this Protocol;
(f) provide, as appropriate, the information and requests referred to in subparagraphs (c) and (d)
to such non-party observers; and
(g) perform such other functions for the achievement of the purposes of this Protocol as may be
assigned to it by the Parties.

Article 13. Financial provisions
1. The funds required for the operation of this Protocol, including these for the functioning of the
secretariat related to this Protocol, shall be charged exclusively against contributions from the
Parties.
2. The Parties, at their first meeting, shall adopt by consensus financial rules for the operation of this
Protocol.
Article 14. Relationship of this Protocol to the Convention
Except as otherwise provided in this Protocol, the provision of the Convention relating to its protocols
shall apply to this Protocol.
Article 15. Signature
This Protocol shall be open for signature by States and by regional economic integration
organizations in Montreal on 16 September 1987, in Ottawa from 17 September 1987 to 16 January
1988, and at United Nations Headquarters in New York from 17 January 1988 to 15 September 1988.
Article 16. Entry into force
1. This Protocol shall enter into force on 1 January 1989, provided that at least eleven instruments of
ratification, acceptance, approval of the Protocol or accession thereto have been deposited by
States or regional economic integration organizations representing at least two-thirds of 1986
estimated global consumption of the controlled substances, and the provisions of paragraph 1 of
Article 17 of the Convention have been fulfilled. In the event that these conditions have not been
fulfilled by that date, the Protocol shall enter into force on the ninetieth day following the date on
which the conditions have 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 Protocol, any State or regional economic integration organization
shall become a Party to it on the ninetieth day following the date of deposit of its instrument of
ratification, acceptance, approval or accession.
Article 17. Parties joining after entry into force
Subject to Article 5, any State or regional economic integration organization which becomes a Party to
this Protocol after the date of its entry into force, shall fulfil forthwith the sum of the obligations under
Article 2, as well as under Articles 2A to 2I, and Article 4, that apply at that date to the States and
regional economic integration organizations that became Parties on the date the Protocol entered into
force.
Article 18. Reservations
No reservations may be made to this Protocol.
Article 19. Withdrawal
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 paragraph 1 of Article 2A. 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 withdrawal
Article 20. Authentic texts
The original of this Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish
texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.
IN WITNESS WHEREOF the undersigned, being duly authorized to that effect, have signed this
Protocol.
DONE at Montreal this sixteenth day of September, one thousand nine hundred and eighty seven.
ANNEX A. Controlled substances
Group

Substance

Ozone Depleting Potential1 )

Group I

CFC13

1.0

(CFC-11) CF2C12

1.0

(CFC-12) C2F3C13

0.8

1) These ozone depleting potentials are estimates based on existing knowledge and will be reviewed and revised periodically.

Group II

(CFC-113) C2F4C12

1.0

(CFC-114) C2F5C1 (CFC-115)

0.6

CF2

3.0

BrCl (halon-1211) CF3

10.0

Br (halon-1301) C2F4Br2 (halon-2402)

6.0

Annex B. Controlled substances
Group

Substance

Ozone-depleting potential

CF3CI

(CFC-13)

1.0

C2FCI5

(CFC-111)

1.0

Group I

Group

Substance

Ozone-depleting potential

C2FCl4

(CFC-112)

1.0

C3FCl7

(CFC-211)

1.0

C3F2Cl6

(CFC-212)

1.0

C3F3Cl5

(CFC-213)

1.0

C3F4Cl4

(CFC-214)

1.0

C3F5Cl3

(CFC-215)

1.0

C3F6Cl2

(CFC-216)

1.0

C3F7Cl

(CFC-217)

1.0

carbon tetrachloride

1.1

1,1,1 -trichloroethane (methyl chloroform)

0.1

Group II
CCl4
Group III
C2H3Cl3 2 )

Annex C. Controlled substances

2) This formula does not refer to 1,1,2-trichloroethane.

Substance

Number of Isomers

Ozone Depleting Potential3 )

CHFC2

(HCFC-21)4 )

1

0.04

CHF2CI

(HCFC-22)5 )

1

0.055

CH2FC1

(HCFC-31)

1

0.02

C2HFC14

(HCFC-121)

2

0.01-0.04

C2HF2C13

(HCFC-122)

3

0.02-0.08

C2HF3C12

(HCFC-123)

3

0.02-0.06

CHC12CF3

(HCFC-123)6 )

-

0.02

C2HF4C1

(HCFC-124)

2

0.02-0.04

CHFC1CF3

(HCFC-124)7 )

-

0.022

C2H2FC13

(HCFC-13I)

3

0.007-0.05

C2H2F2C12

(HCFC-132)

4

0.008-0.05

C2H2F3C1

(HCFC-133)

3

0.02-0.06

C2H3FC12

(HCFC-141)

3

0.005-0.07

CH3CFC12

(HCFC-141b)8 )

-

0.11

Group

Group I

3) 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.
4) Identifies the most commercially viable substances with ODP values listed against them to be used for the purposes of the
Protocol.
5) Identifies the most commercially viable substances with ODP values listed against them to be used for the purposes of the
Protocol.
6) Identifies the most commercially viable substances with ODP values listed against them to be used for the purposes of the
Protocol.
7) Identifies the most commercially viable substances with ODP values listed against them to be used for the purposes of the
Protocol.
8) Identifies the most commercially viable substances with ODP values listed against them to be used for the purposes of the
Protocol.

C2H3F2C1

(HCFC-142)

3

0.008-0.07

CH3CF2C1

(HCFC-142b)9 )

-

0.065

C2H4FC1

(HCFC-151)

2

0.003-0.005

C3HFC16

(HCFC-221)

5

0.015-0.07

C3HF2C! 5

(HCFC-222)

9

0.01-0.09

C3HF3C14

(HCFC-223)

12

0.01-0.08

C3HF4C13

(HCFC-224)

12

0.01-0.09

C3HF5C12

(HCFC-225)

9

0.02-0.07

CF3CF2CHC12

(HCFC-225ca)10 )

-

0.025

CF2C1CF2CHC1F

(HCFC-225cb)11 )

-

0.033

C3HF6Cl

(HCFC-226)

5

0.02-0.10

C3H2FC15

(HCFC-231)

9

0.05-0.09

C3H2F2C14

(HCFC-232)

16

0.008-0.10

C3H2F3C13

(HCFC-233)

18

0.007-0.23

C3H2F4C12

(HCFC-234)

16

0.01-0.28

C3H2F5C1

(HCFC-235)

9

0.03-0.52

C3H3FC14

(HCFC-241)

12

0.004-0.09

C3H3F2C13

(HCFC-242)

18

0.005-0.13

9) Identifies the most commercially viable substances with ODP values listed against them to be used for the purposes of the
Protocol.
10) Identifies the most commercially viable substances with ODP values listed against them to be used for the purposes of the
Protocol.
11) Identifies the most commercially viable substances with ODP values listed against them to be used for the purposes of the
Protocol.

C3H3F3C12

(HCFC-243)

18

0.007-0.12

C3H3F4C1

(HCFC-244)

12

0.009-0.14

C3H4FC13

(HCFC-251)

12

0.001-0.01

C2H4F2C12

(HCFC-252)

16

0.005-0.04

C3H4F3C1

(HCFC-253)

12

0.003-0.03

C3H5FC12

(HCFC-261)

9

0.002-0.02

C3H5F2C1

(HCFC-262)

9

0.002-0.02

C3H6FCl

(HCFC-271)

5

0.001-0.03

1

1.00

1

0.74

CH2FBr

1

0.73

C2HFBr4

2

0.3-0.8

C2HF2Br3

3

0.5-1.8

C2HF3Br2

3

0.4-1.6

C2HF4Br

2

0.7-1.2

C2H2FBr3

3

0.1-1.1

C2H2F2Br2

4

0.2-1.5

C2H3F3Br

3

0.7-1.6

C2H3FBr2

3

0.1-1.7

Group II

CHFBr2

CHF2Br

(HBFC-22B1)

C2H3F2Br

3

0.2-1.1

C2H4FBr

2

0.07-0.1

C3HFBr6

5

0.3-1.5

C3HF2Br5

9

0.2-1.9

C3HF3Br4

12

0.3-1.8

C3HF4Br3

12

0.5-2.2

C3HF5Br2

9

0.9-2.0

C3HF6Br

5

0.7-3.3

C3H2FBr5

9

0.1-1.9

C3H2F2Br4

16

0.2-2.1

C3H2F3Br3

18

0.2-5.6

C3H2F4Br2

16

0.3-7.5

C3H2F5Br

8

0.9-14

C3H3FBr4

12

0.08-1.9

C3H3F2Br3

18

0.1-3.1

C3H3F3Br2

18

0.1-2.5

C3H3F4Br

12

0.3-4.4

C3H4FBr3

12

0.03-0.3

C3F4F2Br2

16

0.1-1.0

C3H4F3Br

12

0.07-0.8

C3H5FBr2

9

0.04-0.4

C3H5F2Br

9

0.07-0.8

C3H6FBr

5

0.02-0.7

1

0.12

Group III

CH2BrCl

Annex D.

bromochloromethane

12 )

A list of Products

13 )

Containing Controlled Substances Specified in Annex A

(Adopted in accordance with Article 4, paragraph 3)
1
Automobile and truck air conditioning units (whether incorporated in vehicles or not)
2
Domestic and commercial refrigeration and air conditioning/ heat pump equipment

14 )

e.g. Refrigerators
Freezers
Dehumidifiers
Water coolers
Ice machines
Air conditioning and heat pump units
3
Aerosol products, except medical aerosols
4
Portable fire extinguisher
5
Insulation boards, panels and pipe covers

12) This Annex was adopted by the Third Meeting of the Parties in Nairobi 19-21 June 1991 as required by paragraph 3 of
Article 4 of the Protocol.
13) Though not when transported in consignments of personal or household effects or in similar non-commercial situations

6
Pre-polymers
Annex E. Controlled substances
Group

Substance

Ozone-Depleting Potential

methyl bromide

0.6

Group I

CH3Br

normally exempted from customs attention.
14) When containing controlled substances in Annex A as a refrigerant and/or in insulating material of the product.