The following words shall be added at the end of subparagraph (a) of paragraph 8 of Article 2 of the Protocol:
“Any such agreement may be extended to include obligations respecting consumption or production under Article 2J provided that the total combined calculated level of consumption or production of the Parties concerned does not exceed the levels required by Article 2J.”
Subparagraph (a)(ii) of paragraph 9 of Article 2 of the Protocol shall be renumbered as subparagraph (a)(iii).
- Each Party shall ensure that for the twelve-month period commencing on 1 January 2019, and in each twelve-month period thereafter, its calculated level of consumption of the controlled substances in Annex F, expressed in CO2 equivalents, does not exceed the percentage, set out for the respective range of years as specified in subparagraphs (a) to (e) below, of the annual average of its calculated levels of consumption of Annex F controlled substances for the years 2011, 2012, and 2013, plus fifteen per cent of its baseline consumption of Annex C, Group I controlled substances as set out in Article 2F, expressed in CO2 equivalents:
2. Notwithstanding paragraph 1 of this Article, the Parties may decide that a Party shall ensure that, for the twelve-month period commencing on 1 January 2020, and in each twelve-month period thereafter, its calculated level of consumption of the controlled substances in Annex F, expressed in CO2 equivalents, does not exceed the percentage, set out for the respective range of years as specified in subparagraphs (a) to (e) below, of the annual average of its calculated levels of consumption of Annex F controlled substances for the years 2011, 2012, and 2013, plus twenty-five per cent of its baseline consumption of Annex C, Group I controlled substances as set out in Article 2F, expressed in CO2 equivalents:
3. Each Party producing the controlled substances in Annex F shall ensure that for the twelve-month period commencing on 1 January 2019, and in each twelve-month period thereafter, its calculated level of production of the controlled substances in Annex F, expressed in CO2 equivalents, does not exceed the percentage, set out for the respective range of years as specified in subparagraphs (a) to (e) below, of the annual average of its calculated levels of production of Annex F controlled substances for the years 2011, 2012, and 2013, plus fifteen per cent of its baseline production of Annex C, Group I controlled substances as set out in Article 2F, expressed in CO2 equivalents:
[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 Annex F.]
4. Notwithstanding paragraph 3 of this Article, the Parties may decide that a Party producing the controlled substances in Annex F shall ensure that for the twelve-month period commencing on 1 January 2020, and in each twelve-month period thereafter, its calculated level of production of the controlled substances in Annex F, expressed in CO2 equivalents, does not exceed the percentage, set out for the respective range of years as specified in subparagraphs (a) to (e) below, of the annual average of its calculated levels of production of Annex F controlled substances for the years 2011, 2012, and 2013, plus twenty-five per cent of its baseline production of Annex C, Group I controlled substances as set out in Article 2F, expressed in CO2 equivalents:
[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 Annex F.]
5. Paragraphs 1 to 4 of this Article will apply save to the extent that the Parties decide to permit the level of production or consumption that is necessary to satisfy uses agreed by the Parties to be exempted uses.
6. Each party manufacturing Annex C Group I or Annex F substances shall ensure that for the twelve-month period commencing on 1 January 2020, and in each twelve-month period thereafter, its calculated level of emissions of Annex F, Group II substances generated as a byproduct in each production line that manufactures Annex C, Group I or Annex F substances does not exceed 0.1 per cent of the mass of Annex C, Group I or Annex F substances manufactured in that production line the same twelve-month period. [Each party manufacturing Annex C Group I or Annex F substances shall ensure that for the twelve-month period commencing on 1 January 2020, and in each twelve-month period thereafter, its calculated level of emissions of Annex F, Group II substances generated as a byproduct in each production line that manufactures Annex C, Group I or Annex F substances does not exceed 0.1 per cent of the mass of Annex C, Group I or Annex F substances manufactured in that production line the same twelve-month period.]”
“1. For the purposes of Articles 2, 2A to 2J and 5, each Party shall, for each group of substances in Annex A, Annex B, Annex C, Annex E or Annex F determine its calculated levels of:”
For the final semi-colon of subparagraph (a)(i) of Article 3 of the Protocol there shall be substituted:
(d) Emissions of Annex F, Group II substances generated as in each facility that generates Annex C, Group I or Annex F substances by including, among other things, amounts emitted from equipment leaks, process vents, and destruction devices, but excluding amounts captured for use, destruction, or storage. (DN)
2. When calculating levels, expressed in CO2 equivalents, of production, consumption, imports, exports and emissions of Annex F and Annex C Group I substances for purposes of Article 2J, paragraph 5ter of Article 2, and paragraph 1(d) of Article 3, each Party shall use the global warming potentials of these substances as specified in Annexes C and F.”
“2 bis. Each Party shall, by 1 January 2019 or within three months of the date of entry into force of this paragraph for it, whichever is later, establish and implement a system for licensing the import and export of new, used, recycled and reclaimed controlled substances in Annex F. Any Party operating under paragraph 1 of Article 5 that decides it is not in a position to establish and implement such a system by 1 January 2019 may delay taking those actions until 1 January 2021.”
(a) Each Party operating under paragraph 1 of this Article, in order to meet its basic domestic needs, and subject to any adjustments made to the control measures in Article 2J in accordance with paragraph 9 of Article 2, shall be entitled to delay its compliance with the control measures set out in subparagraphs (a) – (e) of paragraph 1 of Article 2J and subparagraphs (a) – (e) of paragraph 3 of Article 2J and modify those measures as follows:
(b) Notwithstanding paragraph (a) above, the Parties may decide that a Party operating under paragraph 1 of this Article, in order to meet its basic domestic needs, and subject to any adjustments made to the control measures in Article 2J in accordance with paragraph 9 of Article 2, shall be entitled to delay its compliance with the control measures set out in subparagraphs (a) – (e) of paragraph 1 of Article 2J and subparagraphs (a) – (e) of paragraph 3 of Article 2J and modify those measures as follows:
(c) Each Party operating under paragraph 1 of this Article, for the purposes of calculating its consumption baseline under Article 2J, shall be entitled to use the average of its calculated levels of consumption of Annex F controlled substances for the years 2020, 2021, and 2022, plus sixty-five per cent of its baseline consumption of Annex C, Group I controlled substances as set out in paragraph 8 ter of this Article.
(d) Notwithstanding paragraph (c) above, the Parties may decide that a Party operating under paragraph 1 of this Article, for the purposes of calculating its consumption baseline under Article 2J, shall be entitled to use the average of its calculated levels of consumption of Annex F controlled substances for the years 2024, 2025, and 2026, plus sixty-five per cent of its baseline consumption of Annex C, Group I controlled substances as set out in paragraph 8 ter of this Article.
(e) Each Party operating under paragraph 1 of this Article and producing the controlled substances in Annex F, for the purposes of calculating its production baseline under Article 2J, shall be entitled to use the average of its calculated levels of production of Annex F controlled substances for the years 2020, 2021, and 2022, plus sixty-five per cent of its baseline production of Annex C, Group I controlled substances as set out in paragraph 8 ter of this Article.
(f) Notwithstanding paragraph (e) above, the Parties may decide that a Party operating under paragraph 1 of this Article and producing the controlled substances in Annex F, for the purposes of calculating its production baseline under Article 2J, shall be entitled to use the average of its calculated levels of production of Annex F controlled substances for the years 2024, 2025, and 2026, plus sixty-five per cent of its baseline consumption of Annex C, Group I controlled substances as set out in paragraph 8 ter of this Article.
The following line shall be inserted after the line that reads “– in Annex E, for the year 1991,” in paragraph 2 of Article 7 of the Protocol:
– in Annex F, for the years 2011 to 2013, except that Parties operating under paragraph 1 of Article 5 shall provide such data for 2020 to 2022, but those Parties operating under paragraph 1 of Article 5 using to which subparagraphs b and d of paragraph 8qua of Article 5 applies shall provide such data for 2024 to 2026; ”.
* Where a range of ODPs is indicated, the highest value in that range shall be used for the purposes of the Protocol. The ODPs listed as a single value have been determined from calculations based on laboratory measurements. Those listed as a range are based on estimates and are less certain. The range pertains to an isomeric group. The upper value is the estimate of the ODP of the isomer with the highest ODP, and the lower value is the estimate of the ODP of the isomer with the lowest ODP.
** Identifies the most commercially viable substances with ODP values listed against them to be used for the purposes of the Protocol.
No State or regional economic integration organization may deposit an instrument of ratification, acceptance or approval of or accession to this Amendment unless it has previously, or simultaneously, deposited such an instrument to the Amendment adopted at the Eleventh Meeting of the Parties in Beijing, 3 December 1999.
1. Except as noted in paragraph 2, below, this Amendment shall enter into force on 1 January 2019, provided that at least twenty instruments of ratification, acceptance or approval of the Amendment have been deposited by States or regional economic integration organizations that are Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer. In the event that this condition has not been fulfilled by that date, the Amendment shall enter into force on the ninetieth day following the date on which it has been fulfilled.
2. The changes to Article 4 of the Protocol, control of trade with non-Parties, set out in Article I of this Amendment shall enter into force on 1 January 2029, provided that at least seventy instruments of ratification, acceptance or approval of the Amendment have been deposited by States or regional economic integration organizations that are Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer. In the event that this condition has not been fulfilled by that date, the Amendment shall enter into force on the ninetieth day following the date on which it has been fulfilled.
3. For purposes of paragraphs 1 and 2, any such instrument deposited by a regional economic integration organization shall not be counted as additional to those deposited by member States of such organization.