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葡文版本
第39/92號國令
The Second Meeting of the Parties to the Montreal Protocol on Substances that
Deplete the Ozone Layer decides, on the basis of assessments made pursuant to article
6 of the Protocol, to adopt adjustments and reductions of production and consumption
of the controlled substances in annex A to the Protocol, as follows, with the understanding
that:
- a) References in article 2 to «this article» and throughout the Protocol to «article
2» shall be interpreted as references to articles 2, 2-A and 2-B;
- b) References throughout the Protocol to «paragraphs 1 to 4 of article 2» shall
be interpreted as references to articles 2-A and 2-B; and
- c) The reference in paragraph 5 of article 2 to «paragraphs 1, 3 and 4» shall
be interpreted as a reference to article 2-A.
A — Article 2-A: CFCs
Paragraph 1 of article 2 of the Protocol shall become paragraph 1 of article
2-A, which shall be entitled «Article 2-A: CFCs». Paragraphs 3 and 4 of article
2 shall be replaced by the following paragraphs, which shall be numbered paragraphs
2 to 6 of article 2-A:
- 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% 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 1995, 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, 50% 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, 50% 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 10% of its calculated level of production
in 1986.
- 4 — Each Party shall ensure that for the twelve-month period commencing on 1
January 1997, 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, 15% 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, 15% 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 10% of its calculated level of production
in 1986.
- 5 — Each Party shall ensure that for the twelve-month period commencing on 1
January 2000, 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 up to 15% of its calculated level of production in 1986.
- 6 — In 1992, the Parties will review the situation with the objective of accelerating
the reduction schedule.
B — Article 2-B: Halons
Paragraph 2 of article 2 of the Protocol shall be replaced by the following paragraphs,
which shall be numbered paragraphs 1 to 4 of article 2-B:
Article 2-B: 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 10% of its calculated level of production
in 1986.
- 2 — 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 substances in group II of annex A does not exceed,
annually, 50% 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, 50% 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 10% of its calculated level of production
in 1986. 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 essential
uses for which no adequate alternatives are available.
- 3 — Each Party shall ensure that for the twelve-month period commencing on 1
January 2000, 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 exceed that
limit by up to 15% of its calculated level of production in 1986. 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 essential uses for which no adequate
alternatives are available.
- 4 — By 1 January 1993, the Parties shall adopt a decision identifying essential
uses, if any, for the purposes of paragraphs 2 and 3 of this article. Such decision
shall be reviewed by the Parties at their subsequent meetings.
ANNEX II
Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer
Article 1: Amendment
A — Preambular paragraphs
1 — The 6th 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 7th 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 9th preambular paragraph of the Protocol shall be replaced by the following:
- 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.
B — Article 1: Definitions
1 — Paragraph 4 of article 1 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 — Paragraph 5 of article 1 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 «productions».
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.
C — Article 2, paragraph 5
Paragraph 5 of article 2 of the Protocol shall be replaced by the following paragraph:
- 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 2-A to 2-E,
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.
D — Article 2, paragraph 6
The following words shall be inserted in paragraph 6 of article 2 before the
words «controlled substances» the first time they occur: «annex A or annex B».
E — Article 2, paragraph 8, a)
The following words shall be added after the words «this article» wherever they
appear in paragraph 8, a) of article 2 of the Protocol: «and articles 2-A to 2-E».
F — Article 2, paragraph 9, a), i)
The following words shall be added after «annex A» in paragraph 9, a), i) of
article 2 of the Protocol: «and/or annex B».
G — Article 2, paragraph 9, a), ii)
The following words shall be deleted from paragraph 9, a), ii), of article 2
of the Protocol: «from 1986 levels».
H — Article 2, paragraph 9, c)
The following words shall be deleted from paragraph 9, c) of article 2 of the
Protocol: «representing at least 50% of the total consumption of the controlled
substances of the Parties» and replaced by: «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».
I — Article 2, paragraph 10, b)
Paragraph 10, b) of article 2 of the Protocol shall be deleted, and paragraph
10, a) of article 2 shall become paragraph 10.
J — Article 2, paragraph 11
The following words shall be added after the words «this article» wherever they
occur in paragraph 11 of article 2 of the Protocol: «and articles 2-A to 2-E».
K — Article 2-C: Other fully halogenated CFCs
The following paragraphs shall be added to the Protocol as article 2-C:
Article 2-C: Other fully halogenated CFCs
1 — Each Party shall ensure that for the twelve-month period commencing on 1
January 1993, 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,
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 paragraph 1 of article 5, 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 twelve-month period commencing on 1
January 1997, 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,
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 paragraph 1 of article 5, 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 twelve-month period commencing on 1
January 2000, 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 exceed that
limit by up to 15% of its calculated level of production in 1989.
L — Article 2-D: Carbon tetrachloride
The following paragraphs shall be added to the Protocol as article 2-D:
Article 2-D: Carbon tetrachloride
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 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 paragraph 1 of article 5, 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 twelve-month period commencing on 1
January 2000, 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 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
15% of its calculated level of production in 1989.
M — Article 2-E: 1.1.1 — trichloroethane (methyl chloroform)
The following paragraphs shall be added to the Protocol as article 2-E:
Article 2-E: 1.1.1 — trichloroethane (methyl chloroform)
- 1 — Each Party shall ensure that for the twelve-month period commencing on 1
January 1993, 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, 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 paragraph 1 of article 5, 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 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 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 consumption
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 paragraph 1 of article 5, 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 twelve-month period commencing on 1
January 2000, 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, 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 the Parties operating
under paragraph 1 of article 5, 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 twelve-month period commencing on 1
January 2005, 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
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:
«2-A to 2-E».
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 — Paragraphs 1 to 5 of article 4 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.
- 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 — Paragraph 8 of article 4 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 2-A to 2-E, 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 kg 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
2-A to 2-E.
- 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 kg per capita nor an annual calculated level of consumption of the
controlled substances of annex B of 0.2 kg per capita.
- 3 — When implementing the control measures set out in article 2-A to 2-E, 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 kg 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 kg 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 obligations in articles 2-A to 2-E 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 2-A to 2-E 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 10-A.
- 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 2-A to 2-E due
to the inadequate implementation of articles 10 and 10-A. 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.
- 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 2-A to 2-E, and the situation regarding production, imports and exports
of the transitional substances in group I of annex C».
R — Article 7: Reporting of data
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 paragraph 5 of article 1), 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 paragraph 8, a), of article
2, 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
Paragraph 1, a), of article 9 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 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 2-A to 2-E 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.
U — Article 10-A: Transfer of technology
The following article shall be added to the Protocol as article 10-A:
Article 10-A: 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.
V — Article 11: Meetings of the Parties
Paragraph 4, g), of article 11 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
2-A to 2-E, 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
paragraph 1 of article 2-A. 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:
|
|
|
| |
|
|
|
CF3Cl |
(CFC-13)
|
1.0 |
|
C2FCl5 |
(CFC-111) |
1.0 |
|
C2F2Cl4 |
(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 |
| |
|
|
|
Group II:
|
|
|
|
CCl4 |
Carbon tetrachloride |
1.1 |
| |
|
|
|
Group III:
|
|
|
|
C2H3Cl3 (*) |
1.1.1 — trichloroethane (methyl chloroform |
0.1 |
| |
|
|
(*) This formula does not refer to 1.1.2 — trichloroethane.
ANNEX C
Transitional substances
| Group |
Substance |
| |
|
|
Group I: |
|
| |
|
| CHFCl2 |
(HCFC-21) |
| CHF2Cl |
(HCFC-22) |
| CH2FCl |
(HCFC-31) |
| C2HFCl4 |
(HCFC-121) |
| C2HF2Cl3 |
(HCFC-122) |
| C2HF3Cl2 |
(HCFC-123) |
| C2HF4Cl |
(HCFC-124) |
| C2H2FCl3 |
(HCFC-131) |
| C2H2F2Cl2 |
(HCFC-132) |
| C2H2F3Cl |
(HCFC-133) |
| C2H3FCl2 |
(HCFC-141) |
| C2H3F2Cl |
(HCFC-142) |
| C2H4FCl |
(HCFC-151) |
| C3HFCl6 |
(HCFC-221) |
| C3HF2Cl5 |
(HCFC-222) |
| C3HF3Cl4 |
(HCFC-223) |
| C3HF4Cl3 |
(HCFC-224) |
| C3HF5Cl2 |
(HCFC-225) |
| C3HF6Cl |
(HCFC-226) |
| C3H2FCl5 |
(HCFC-231) |
| C3H2F2Cl4 |
(HCFC-232) |
| C3H2F3Cl3 |
(HCFC-233) |
| C3H2F4Cl2 |
(HCFC-234) |
| C3H2F5Cl |
(HCFC-235) |
| C3H3FCl4 |
(HCFC-241) |
| C3H3F2Cl3 |
(HCFC-242) |
| C3H3F3Cl2 |
(HCFC-243) |
| C3H3F4Cl |
(HCFC-244) |
| C3H3FCl3 |
(HCFC-251) |
| C3H4F2Cl2 |
(HCFC-252) |
| C3H4F3Cl |
(HCFC-253) |
| C3H5FCl2 |
(HCFC-261) |
| C3H5F2Cl |
(HCFC-262) |
| C3H6FCl |
(HCFC-271)
|
| |
|
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.