Considerando que a República Popular da China (RPC) efectuou, em 19 de Maio de 2010, junto do Secretário-Geral das Nações Unidas, na sua qualidade de depositário do Protocolo de Montreal sobre as Substâncias que Empobrecem a Camada de Ozono, concluído em Montreal, em 16 de Setembro de 1987 (Protocolo de Montreal), o depósito do seu instrumento de aceitação da Emenda ao Protocolo de Montreal, adoptada pela 9.ª Reunião das Partes, através da sua Decisão IX/4, em Montreal, em 17 de Setembro de 1997 (Emenda de Montreal), e da Emenda ao Protocolo de Montreal, adoptada pela 11.ª Reunião das Partes, através da sua Decisão XI/5, em Pequim, em 3 de Dezembro de 1999 (Emenda de Pequim);
Considerando que, à data do depósito do seu instrumento de aceitação, a RPC notificou que a Emenda de Montreal e a Emenda de Pequim se aplicam à Região Administrativa Especial de Macau (RAEM), tendo igualmente reiterado a sua declaração de que as disposições do artigo 5.º do Protocolo de Montreal não se aplicam na RAEM;
Considerando que a Emenda de Montreal e a Emenda de Pequim, em conformidade com os n.os 3 dos seus artigos 3.º, respectivamente, entraram internacionalmente em vigor para a RPC, incluindo a RAEM, em 17 de Agosto de 2010;
Considerando que, na referida 9.ª Reunião das Partes foram também adoptados, respectivamente, através das Decisões IX/1, IX/2 e IX/3, os Ajustamentos aos Anexos A, B e E do Protocolo de Montreal (Ajustamentos de Montreal);
Considerando ainda que, nos termos da alínea d) do n.º 9 do artigo 2.º do Protocolo de Montreal, os Ajustamentos de Montreal entraram em vigor para todos os Estados Partes no Protocolo de Montreal, em 4 de Junho de 1998;
Considerando igualmente que, na referida 11.ª Reunião das Partes foram também adoptados, respectivamente, através das Decisões XI/2, XI/3 e XI/4, os Ajustamentos aos Anexos A, B e E do Protocolo de Montreal (Ajustamentos de Pequim);
Mais considerando que, nos termos da alínea d) do n.º 9 do artigo 2.º do Protocolo de Montreal, os Ajustamentos de Pequim entraram em vigor para todos os Estados Partes no Protocolo de Montreal, em 28 de Julho de 2000;
O Chefe do Executivo manda publicar, nos termos do n.º 1 do artigo 6.º da Lei n.º 3/1999 da RAEM:
O texto autêntico em língua inglesa do Protocolo de Montreal encontra-se publicado no Boletim Oficial de Macau n.º 22, de 1 de Junho de 1992, acompanhado da respectiva tradução para a língua portuguesa. O texto autêntico em língua chinesa do Protocolo de Montreal encontra-se publicado no Boletim Oficial da Região Administrativa Especial de Macau n.º 33, II Série, de 19 de Agosto de 2009.
Promulgado em 10 de Abril de 2012.
O Chefe do Executivo, Chui Sai On.
Gabinete do Chefe do Executivo, aos 10 de Abril de 2012. — O Chefe do Gabinete, Alexis, Tam Chon Weng.
The following paragraph shall be inserted after paragraph 1 ter of Article 4 of the 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.
The following paragraph shall be inserted after paragraph 2 ter of Article 4 of the 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.
In paragraphs 5, 6, and 7 of Article 4 of the Protocol, for the words:
and Group II of Annex C
there shall be substituted:
Group II of Annex C and Annex E
In paragraph 8 of Article 4 of the Protocol, for the words:
Article 2G
there shall be substituted:
Article 2G and 2H
The following Article shall be added to the Protocol as Article 4A:
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.
The following Article shall be added to the Protocol as Article 4B:
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 licencing systems and shall forward this information to the Implementation Committee for consideration and appropriate recommendations to the Parties.
No State or regional economic integration organization may deposit an instrument of ratification, acceptance, approval or accession to this Amendment unless it has previously, or simultaneously, deposited such an instrument to the Amendment adopted at the Fourth Meeting of the Parties in Copenhagen, 25 November 1992.
1. This Amendment shall enter into force on 1 January 1999, provided that at least twenty instruments of ratification, acceptance or approval of the Amendment have been deposited by States or regional economic integration organizations that are Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer. In the event that this condition has not been fulfilled by that date, the Amendment shall enter into force on the ninetieth day following the date on which it has been fulfilled.
2. For the purposes of paragraph 1, any such instrument deposited by a regional economic integration organization shall not be counted as additional to those deposited by member States of such organization.
3. After the entry into force of this Amendment, as provided under paragraph 1, it shall enter into force for any other Party to the Protocol on the ninetieth day following the date of deposit of its instrument of ratification, acceptance or approval.
1. The third sentence of paragraph 4 of Article 2A of the Protocol shall be replaced by the following sentence:
However, in order to satisfy the basic domestic needs of the Parties operating under paragraph I 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.
2. The following paragraphs shall be added after paragraph 4 of Article 2A of the Protocol:
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 I 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 I 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.
1. The third sentence of paragraph 2 of Article 2B of the Protocol shall be replaced by the following sentence:
However, in order to satisfy the basic domestic needs of the Parties operating under paragraph I 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.
2. The following paragraphs shall be added after paragraph 2 of Article 2B of the Protocol:
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 I 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 I of Article 5 does not exceed zero.
1. The third sentence of paragraph 3 of Article 2C of the Protocol shall be replaced by the following sentence:
However, in order to satisfy the basic domestic needs of the Parties operating under paragraph I 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.
2. The following paragraphs shall be added after paragraph 3 of Article 2C of the Protocol:
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 I 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 I of Article 5 does not exceed zero.
1. The third sentence of paragraph 5 of Article 2H of the Protocol shall be replaced by the following sentence:
However, in order to satisfy the basic domestic needs of the Parties operating under paragraph I 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.
2. The following paragraphs shall be added after paragraph 5 of Article 2H of the Protocol:
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 I 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 I of Article 5 does not exceed zero.
A. Article 2, paragraph 5
In paragraph 5 of Article 2 of the Protocol, for the words:
Articles 2A to 2E
there shall be substituted:
Articles 2A to 2F
B. Article 2, paragraphs 8(a) and 11
In paragraphs 8(a) and 11 of Article 2 of the Protocol, for the words:
Articles 2A to 2H
there shall be substituted:
Articles 2A to 2I
C. Article 2F, paragraph 8
The following paragraph shall be added after paragraph 7 of Article 2F of the Protocol:
8. 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 nos 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.
D. Article 2I
The following Article shall be inserted after Article 2H of the Protocol:
Each Party shall ensure that for the twelve-month period commencing on 1 January 2002, and in each twelve-month period thereafter, its 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 by them to be essential.
E. Article 3
In Article 3 of the Protocol, for the words:
Articles 2, 2A to 2H
there shall be substituted:
Articles 2, 2A to 2I
F. Article 4, paragraphs 1 quin. and 1 sex.
The following paragraphs shall be added to Article 4 of the Protocol after paragraph 1 qua:
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 of this Protocol.
G. Article 4, paragraphs 2 quin. and 2 sex.
The following paragraphs shall be added to Article 4 of the Protocol after paragraph 2 qua:
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 of this Protocol.
H. Article 4, paragraphs 5 to 7
In paragraphs 5 to 7 of Article 4 of the Protocol, for the words:
Annexes A and B, Group II of Annex C and Annex E
there shall be substituted:
Annexes A, B, C and E
I. Article 4, paragraph 8
In paragraph 8 of Article 4 of the Protocol, for the words:
Articles 2A to 2E, Articles 2G and 2H
there shall be substituted:
Articles 2A to 2I
J. Article 5, paragraph 4
In paragraph 4 of Article 5 of the Protocol, for the words:
Articles 2A to 2H
there shall be substituted:
Articles 2A to 2I
K. Article 5, paragraphs 5 and 6
In paragraphs 5 and 6 of Article 5 of the Protocol, for the words:
Aticles 2A to 2E
there shall be substituted:
Articles 2A to 2E and Article 2I
L. Article 5, paragraph 8 ter (a)
The following sentence shall be added at the end of subparagraph 8 ter (a) of Article 5 of the Protocol:
As of 1 January 2016 each Party operating under paragraph 1 of this Article shall comply with the control measures set out in paragraph 8 of Article 2F and, as the basis for its compliance with these control measures, it shall use the average of its calculated levels of production and consumption in 2015.
M. Article 6
In Article 6 of the Protocol, for the words:
Articles 2A to 2H
there shall be substituted:
Articles 2A to 2I
N. Article 7, paragraph 2
In paragraph 2 of Article 7 of the Protocol, for the words:
Annexes B and C
there shall be substituted:
Annex B and Groups I and II of Annex C
O. Article 7, paragraph 3
The following sentence shall be added after the first sentence of paragraph 3 of Article 7 of the Protocol:
Each Party shall provide to the Secretariat statistical data on the annual amout of the controlled substance listed in Annex E used for quarantine and pre-shipment applications.
P. Article 10
In paragraph 1 of Article 10 of the Protocol, for the words:
Articles 2A to 2E
there shall be substituted:
Articles 2A to 2E and Article 2I
Q. Article 17
In Article 17 of the Protocol, for the words:
Articles 2A to 2H
there shall be substituted:
Articles 2A to 2I
R. Annex C
The following group shall be added to Annex C to the Protocol:
| Group | Substance | Number of Isomers | Ozone-Depleting Potential |
| Group III | |||
| CH2BrCl | bromochloromethane | 1 | 0.12 |
No State or regional economic integration organization may deposit an instrument of ratification, acceptance or approval of or accession to this Amendment unless it has previously, or simultaneously, deposited such an instrument to the Amendment adopted at the Ninth Meeting of the Parties in Montreal, 17 September 1997.
1. This Amendment shall enter into force on 1 January 2001, provided that at least twenty instruments of ratification, acceptance or approval of the Amendment have been deposited by States or regional economic integration organizations that are Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer. In the event that this condition has not been fulfilled by that date, the Amendment shall enter into force on the ninetieth day following the date on which it has been fulfilled.
2. For the purpose of paragraph 1, any such instrument deposited by a regional economic integration organization shall not be counted as additional to those deposited by member States of such organization.
3. After the entry into force of this Amendment, as provided under paragraph 1, it shall enter into force for any other Party to the Protocol on the ninetieth day following the date of deposit of its instrument of ratification, acceptance of approval.
The following words shall be added at the end of paragraph 3 (a) of Article 5 of the Protocol:
relating to consumption
The following subparagraph shall be added to paragraph 3 of Article 5 of the Protocol:
(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.
The following words shall be added at the end of paragraph 3 (b) of Article 5 of the Protocol:
relating to Consumption
The following subparagraph shall be added to paragraph 3 of Article 5 of the Protocol:
(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.
1. Paragraphs 2 to 4 of Article 2H of the Protocol shall be replaced by the following paragraphs:
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, that 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 each 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 exceed that limit by up to fifteen per cent of its calculated level of production in 1991. 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.
2. Paragraph 5 of Article 2H of the Protocol shall become paragraph 6.
1. The following shall be inserted after paragraph 8 ter (d) (i) of Article 5 of the Protocol:
(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;
2. Paragraph 8 ter (d) (ii) of Article 5 of the Protocol shall become paragraph 8 ter (d) (iv).