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The London Amendment entered into force on 10 August 1992


[Source: Annex II of the report of the Second Meeting of the Parties]

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 “production”.

3.          The following paragraph shall be added to Article 1 of the Protocol:

             9.      “Transitional substance” means a substance in Annex C to this Protocol, whether existing alone or in a mixture. It includes the isomers of any such substance, except as may be specified in Annex C, but excludes any transitional substance or mixture which is in a manufactured product other than a container used for the transportation or storage of that substance.

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 2A to 2E, 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 2A to 2E

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 fifty per cent 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 2A to 2E

K. Article 2C: Other fully halogenated CFCs

             The following paragraphs shall be added to the Protocol as Article 2C:


Article 2C: Other fully halogenated CFCs

             1.      Each Party shall ensure that for the 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, eighty 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, 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 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, fifteen 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, 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.

             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 fifteen per cent of its calculated level of production in 1989.

L. Article 2D: Carbon tetrachloride

             The following paragraphs shall be added to the Protocol as Article 2D:

Article 2D: Carbon tetrachloride

             1.      Each Party shall ensure that for the 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, fifteen 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, 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 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 fifteen per cent of its calculated level of production in 1989.

M. Article 2E: 1,1,1-trichloroethane (methyl chloroform)

             The following paragraphs shall be added to the Protocol as Article 2E:


Article 2E: 1,1,1-trichloroethane (methyl chloroform)

             1.      Each Party shall ensure that for the 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 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 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, seventy 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, seventy per cent 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 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 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, thirty 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, thirty per cent of its calculated level of production in 1989. However, in order to satisfy the basic domestic needs of 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.

             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 fifteen per cent of its calculated level of production in 1989.

             5.      The Parties shall review, in 1992, the feasibility of a more rapid schedule of reductions than that set out in this Article.

N. Article 3: Calculation of control levels

1.          The following shall be added after “Articles 2” in Article 3 of the Protocol:

                      , 2A to 2E,

2.          The following words shall be added after “Annex A” each time it appears in Article 3 of the Protocol:

                      or Annex B

O. Article 4: Control of trade with non-Parties

1.          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 2A to 2E, and this Article and have submitted data to that effect as specified in Article 7.

3.          The following paragraph shall be added to Article 4 of the Protocol as paragraph 9:

             9.      For the purposes of this Article, the term “State not party to this Protocol” shall include, with respect to a particular controlled substance, a State or regional economic integration organization that has not agreed to be bound by the control measures in effect for that substance.

P. Article 5: Special situation of developing countries

             Article 5 of the Protocol shall be replaced by the following:

             1.      Any Party that is a developing country and whose annual calculated level of consumption of the controlled substances in Annex A is less than 0.3 kilograms per capita on the date of the entry into force of the Protocol for it, or any time thereafter until 1 January 1999, shall in order to meet its basic domestic needs, be entitled to delay for ten years its compliance with the control measures set out in Articles 2A to 2E.

             2.      However, any Party operating under paragraph 1 of this Article shall exceed neither an annual calculated level of consumption of the controlled substances in Annex A of 0.3 kilograms per capita nor an annual calculated level of consumption of the controlled substances of Annex B of 0.2 kilograms per capita.

             3.      When implementing the control measures set out in Articles 2A to 2E, any Party operating under paragraph 1 of this Article shall be entitled to use:

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

                      (b)     For controlled substances under Annex B, the average of its annual calculated level of consumption for the period 1998 to 2000 inclusive or a calculated level of consumption of 0.2 kilograms per capita, whichever is the lower, as the basis for determining its compliance with the control measures.

             4.      If a Party operating under paragraph 1 of this Article, at any time before the control measures obligations in Articles 2A to 2E become applicable to it, finds itself unable to obtain an adequate supply of controlled substances, it may notify this to the Secretariat. The Secretariat shall forthwith transmit a copy of such notification to the Parties, which shall consider the matter at their next Meeting, and decide upon appropriate action to be taken.

             5.      Developing the capacity to fulfil the obligations of the Parties operating under paragraph 1 of this Article to comply with the control measures set out in Articles 2A to 2E and their implementation by those same Parties will depend upon the effective implementation of the financial 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 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.

             9.      Decisions of the Parties referred to in paragraphs 4, 6 and 7 of this Article shall be taken according to the same procedure applied to decision-making under Article 10.

Q. Article 6: Assessment and review of control measures

             The following words shall be added after “Article 2” in Article 6 of the Protocol:

                      Articles 2A to 2E, and the situation regarding production, imports and exports of the transitional substances in Group I of Annex C

R. Article 7: Reporting of data

1.          Article 7 of the Protocol shall be replaced by the following:

             1.      Each Party shall provide to the Secretariat, within three months of becoming a Party, statistical data on its production, imports and exports of each of the controlled substances in Annex A for the year 1986, or the best possible estimates of such data where actual data are not available.

             2.      Each Party shall provide to the Secretariat statistical data on its production, imports and exports of each of the controlled substances in Annex B and each of the transitional substances in Group I of Annex C, for the year 1989, or the best possible estimates of such data where actual data are not available, not later than three months after the date when the provisions set out in the Protocol with regard to the substances in Annex B enter into force for that Party.

             3.      Each Party shall provide statistical data to the Secretariat on its annual production (as defined in 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 2A to 2E of the Protocol. The mechanism, contributions to which shall be additional to other financial transfers to Parties operating under that paragraph, shall meet all agreed incremental costs of such Parties in order to enable their compliance with the control measures of the Protocol. An indicative list of the categories of incremental costs shall be decided by the meeting of the Parties.

             2.      The mechanism established under paragraph 1 shall include a Multilateral Fund. It may also include other means of multilateral, regional and bilateral 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 10A: Transfer of technology

             The following Article shall be added to the Protocol as Article 10A:


Article 10A: Transfer of technology

                      Each Party shall take every practicable step, consistent with the programmes supported by the financial mechanism, to ensure:

                      (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 2A to 2E, and

X. Article 19: Withdrawal

             Article 19 of the Protocol shall be replaced by the following paragraph:

                      Any Party may withdraw from this Protocol by giving written notification to the Depositary at any time after four years of assuming the obligations specified in 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 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)

C3H4FCl3

(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 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.

The Copenhagen Amendment entered into force on 14 June 1994


[Source: Annex III of the report of the Fourth Meeting of the Parties]

Article 1: Amendment

A. Article 1, paragraph 4

             In paragraph 4 of Article 1 of the Protocol, for the words:

                      or in Annex B

             there shall be substituted:

                      , Annex B, Annex C or Annex E

B. Article 1, paragraph 9

             Paragraph 9 of Article 1 of the Protocol shall be deleted.

C. Article 2, paragraph 5

             In paragraph 5 of Article 2 of the Protocol, after the words:

                      Articles 2A to 2E

             there shall be added:

                      and Article 2H

D. Article 2, paragraph 5 bis

             The following paragraph shall be inserted after paragraph 5 of Article 2 of the Protocol:

             5 bis 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 transferring 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.

E. 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 2E

             there shall be substituted each time they occur:

                      Articles 2A to 2H

F. Article 2, paragraph 9(a)(i)

             In paragraph 9(a)(i) of Article 2 of the Protocol, for the words:

                      and/or Annex B

             there shall be substituted:

                      , Annex B, Annex C and/or Annex E

G. Article 2F: Hydrochlorofluorocarbons

             The following Article shall be inserted after Article 2E of the Protocol:


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)     Three point one 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 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.

             3.      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 of Annex C does not exceed, annually, thirty-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 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.

             5.      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 controlled substances in Group I of Annex C does not exceed, annually, zero point five per cent of the sum referred to in paragraph 1 of this Article.

             6.      Each Party 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.

             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.

H. Article 2G: Hydrobromofluorocarbons

             The following Article shall be inserted after Article 2F of the Protocol:


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 exceed zero. Each Party producing the substances shall, for the same periods, ensure 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.

I. Article 2H: Methyl Bromide

             The following Article shall be inserted after Article 2G of the Protocol:


Article 2H: Methyl Bromide

                      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. 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.

J. Article 3

             In Article 3 of the Protocol, for the words:

                      2A to 2E

             there shall be substituted:

                      2A to 2H

             and for the words

                      or Annex B

             there shall be substituted each time they occur:

                      , Annex B, Annex C or Annex E

K. Article 4, paragraph 1 ter

             The following paragraph shall be inserted after paragraph 1 bis of Article 4 of the 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.

L. Article 4, paragraph 2 ter

             The following paragraph shall be inserted after paragraph 2 bis of Article 4 of the 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.

M. Article 4, paragraph 3 ter

             The following paragraph shall be inserted after paragraph 3 bis of Article 4 of the 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.

N. Article 4, paragraph 4 ter

             The following paragraph shall be inserted after paragraph 4 bis of Article 4 of the Protocol:

             4 ter Within five years of the date of 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 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.

O. Article 4, paragraphs 5, 6 and 7

             In paragraphs 5, 6 and 7 of Article 4 of the Protocol, for the words:

                      controlled substances

             there shall be substituted:

                      controlled substances in Annexes A and B and Group II of Annex C

P. Article 4, paragraph 8

             In paragraph 8 of Article 4 of the Protocol, for the words:

                      referred to in paragraphs 1, 1 bis, 3, 3 bis, 4 and 4 bis and exports referred to in paragraphs 2 and 2 bis

             there shall be substituted:

                      and exports referred to in paragraphs 1 to 4 ter of this Article

             and after the words:

                      Articles 2A to 2E

             there shall be added:

                      , Article 2G

Q. Article 4, paragraph 10

             The following paragraph shall be inserted after paragraph 9 of Article 4 of the Protocol:

             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.

R. Article 5, paragraph 1

The following words shall be added at the end of paragraph 1 of Article 5 of the Protocol:

                      , 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.

S. Article 5, paragraph 1 bis

             The following paragraph shall be added after paragraph 1 of Article 5 of the Protocol:

             1 bis 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.

T. Article 5, paragraph 4

             In paragraph 4 of Article 5 of the Protocol, for the words:

                      Articles 2A to 2E

             there shall be substituted:

                      Articles 2A to 2H

U. Article 5, paragraph 5

             In paragraph 5 of Article 5 of the Protocol, after the words:

                      set out in Articles 2A to 2E

             there shall be added:

                      , and any control measures in Articles 2F to 2H that are decided pursuant to paragraph 1 bis of this Article,

V. Article 5, paragraph 6

             In paragraph 6 of Article 5 of the Protocol, after the words:

                      obligations laid down in Articles 2A to 2E

             there shall be added:

                      , or any or all obligations in Articles 2F to 2H that are decided pursuant to paragraph 1 bis of this Article,

W. Article 6

             The following words shall be deleted from Article 6 of the Protocol:

                      Articles 2A to 2E, and the situation regarding production, imports and exports of the transitional substances in Group I of Annex C

             and replaced by

                      Articles 2A to 2H

X. Article 7, paragraphs 2 and 3

             Paragraphs 2 and 3 of Article 7 of the Protocol shall be replaced by the following:

             2.      Each Party shall provide to the Secretariat statistical data on its production, imports and exports of each of the controlled substances

                      –        in Annexes B and 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. Data shall be forwarded not later than nine months after the end of the year to which the data relate.

Y. Article 7, paragraph 3 bis

             The following paragraph shall be inserted after paragraph 3 of Article 7 of the Protocol:

             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.

Z. Article 7, paragraph 4

             In paragraph 4 of Article 7 of the Protocol, for the words:

                      in paragraphs 1, 2 and 3

             there shall be substituted:

                      in paragraphs 1, 2, 3 and 3 bis

AA. Article 9, paragraph 1 (a)

             The following words shall be deleted from paragraph 1 (a) of Article 9 of the Protocol:

                      and transitional

BB. Article 10, paragraph 1

In paragraph 1 of Article 10 of the Protocol, after the words:

                      Articles 2A to 2E

             there shall be added:

             , and any control measures in Articles 2F to 2H that are decided pursuant to paragraph 1 bis of Article 5.

CC. Article 11, paragraph 4 (g)

             The following words shall be deleted from paragraph 4 (g) of Article ll of the Protocol:

                      and the situation regarding transitional substances

DD. Article 17

             In Article 17 of the Protocol, for the words:

                      Articles 2A to 2E

             there shall be substituted:

                      Articles 2A to 2H

EE. Annexes

             1. Annex C

             The following annex shall replace Annex C of the Protocol:

Annex C: Controlled substances

Group

Substance

Number of isomers

Ozone-Depleting Potential*

Group I

 

 

 

CHFCl2

(HCFC‑21)**

1

0.04

CHF2Cl

(HCFC‑22)**

1

0.055

CH2FCl

(HCFC‑31)

1

0.02

C2HFCl4

(HCFC‑121)

2

0.01–0.04

C2HF2Cl3

(HCFC‑122)

3

0.02–0.08

C2HF3Cl2

(HCFC‑123)

3

0.02–0.06

CHCl2CF3

(HCFC‑123)**

0.02

C2HF4Cl

(HCFC‑124)

2

0.02–0.04

CHFClCF3

(HCFC‑124)**

0.022

C2H2FCl3

(HCFC‑131)

3

0.007–0.05

C2H2F2Cl2

(HCFC‑132)

4

0.008–0.05

C2H2F3Cl

(HCFC‑133)

3

0.02–0.06

C2H3FCl2

(HCFC‑141)

3

0.005–0.07

CH3CFCl2

(HCFC‑141b)**

0.11

C2H3F2Cl

(HCFC‑142)

3

0.008–0.07

CH3CF2Cl

(HCFC‑142b)**

0.065

C2H4FCl

(HCFC‑151)

2

0.003–0.005

C3HFCl6

(HCFC‑221)

5

0.015–0.07

C3HF2Cl5

(HCFC‑222)

9

0.01–0.09

C3HF3Cl4

(HCFC‑223)

12

0.01–0.08

C3HF4Cl3

(HCFC‑224)

12

0.01–0.09

C3HF5Cl2

(HCFC‑225)

9

0.02–0.07

CF3CF2CHCl2

(HCFC‑225ca)**

0.025

CF2ClCF2CHClF

(HCFC‑225cb)**

0.033

C3HF6Cl

(HCFC‑226)

5

0.02–0.10

C3H2FCl5

(HCFC‑231)

9

0.05–0.09

C3H2F2Cl4

(HCFC‑232)

16

0.008–0.10

C3H2F3Cl3

(HCFC‑233)

18

0.007–0.23

C3H2F4Cl2

(HCFC‑234)

16

0.01–0.28

C3H2F5Cl

(HCFC‑235)

9

0.03–0.52

C3H3FCl4

(HCFC‑241)

12

0.004–0.09

C3H3F2Cl3

(HCFC‑242)

18

0.005–0.13

C3H3F3Cl2

(HCFC‑243)

18

0.007–0.12

C3H3F4Cl

(HCFC‑244)

12

0.009–0.14

C3H4FCl3

(HCFC‑251)

12

0.001–0.01

C3H4F2Cl2

(HCFC‑252)

16

0.005–0.04

C3H4F3Cl

(HCFC‑253)

12

0.003–0.03

C3H5FCl2

(HCFC‑261)

9

0.002–0.02

C3H5F2Cl

(HCFC‑262)

9

0.002–0.02

C3H6FCl

(HCFC‑271)

5

0.001–0.03

Group

Substance

Number of isomers

Ozone-Depleting Potential

Group II

 

 

 

CHFBr2

 

1

1.00

CHF2Br

(HBFC-22B1)

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

C2H2F3Br

 

3

0.7–1.6

C2H3FBr2

 

3

0.1–1.7

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

0.9–1.4

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

C3H4F2Br2

 

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

*          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.

             2. Annex E

             The following annex shall be added to the Protocol:

Annex E: Controlled substance

Group

Substance

Ozone-Depleting Potential

Group I

 

 

CH3Br

methyl bromide

0.7

Article 2: Relationship to the 1990 Amendment

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 Second Meeting of the Parties in London, 29 June 1990.

Article 3: Entry into force

1.          This Amendment shall enter into force on 1 January 1994, 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.

The Montreal Amendment entered into force on 10 November 1999


[Source: Annex IV of the report of the Ninth Meeting of the Parties]

Article 1: Amendment

A. Article 4, paragraph 1 qua.

The following paragraph shall be inserted after paragraph 1 ter of Article 4 of the Protocol:

             1qua. 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.

B. Article 4, paragraph 2 qua.

The following paragraph shall be inserted after paragraph 2 ter of Article 4 of the Protocol:

             2qua. 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.

C. Article 4, paragraphs 5, 6 and 7

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

D. Article 4, paragraph 8

In paragraph 8 of Article 4 of the Protocol, for the words:

             Article 2G

there shall be substituted:

             Articles 2G and 2H

E. Article 4A: Control of trade with Parties

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.

F. Article 4B: Licensing

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 licensing systems and shall forward this information to the Implementation Committee for consideration and appropriate recommendations to the Parties.

Article 2: Relationship to the 1992 Amendment

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.

Article 3: Entry into force

1.          This Amendment shall enter into force on 1 January 1999, provided that at least twenty instruments of ratification, acceptance, approval or accession 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, approval or accession.

The Beijing Amendment entered into force on 25 February 2002


[Source: Annex V of the report of the Eleventh Meeting of the Parties]

Article 1: Amendment

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:

             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:

  1. 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
  2. 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:


Article 2I: Bromochloromethane

             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 to 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 to 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:

             Articles 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 amount 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

Article 2: Relationship to the 1997 Amendment

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.

Article 3: Entry into force

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 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.

Article 1: Definitions

Article 1, paragraph 4  

In paragraph 4 of Article 1 of the Protocol, for the words:

“Annex C or Annex E”

there shall be substituted:

“Annex C, Annex E or Annex F”

Article 2, paragraph 5 In paragraph 5 of Article 2 of the Protocol, for the words:

"and Article 2H”

there shall be substituted:

“Articles 2H and 2J”

Article 2, paragraphs 8 (a), 9(a) and 11  

“Articles 2A to 2I”

there shall be substituted:

Articles 2A to 2J

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.”

“should be;”

In subparagraph (a) (i) of paragraph 9 of Article 2 of the Protocol, after the second use of the words:

there shall be deleted:

“and”

Subparagraph (a) (ii) of paragraph 9 of Article 2 of the Protocol shall be renumbered as subparagraph (a) (iii).

The following shall be added as subparagraph (a) (ii) after subparagraph (a) (i) of paragraph 9 of Article 2 of the Protocol:

“Adjustments to the global warming potentials specified in Group I of Annex A, Annex C and Annex F should be made and, if so, what the adjustments should be; and”

   Article 2J

The following Article shall be inserted after Article 2I of the Protocol:

“Article 2J: Hydrofluorocarbons

1. 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 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 calculated level of consumption of Annex C, Group I, controlled substances as set out in paragraph 1 of Article 2F, expressed in CO2 equivalents: 

(a) 2019 to 2023: 90 per cent  

(b) 2024 to 2028: 60 per cent (c) 2029 to 2033: 30 per cent (d) 2034 to 2035: 20 per cent (e) 2036 and thereafter: 15 per cent

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 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 calculated level of consumption of Annex C, Group I, controlled substances as set out in paragraph 1 of Article 2F, expressed in CO2 equivalents: (a) 2020 to 2024: 95 per cent (b) 2025 to 2028: 65 per cent (c) 2029 to 2033: 30 per cent (d) 2034 to 2035: 20 per cent (e) 2036 and thereafter: 15 per cent

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 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 calculated level of production of Annex C, Group I, controlled substances as set out in paragraph 2 of Article 2F, expressed in CO2equivalents: 

(a) 2019 to 2023: 90 per cent 

(b) 2024 to 2028: 60 per cent

(c) 2029 to 2033: 30 per cent

(d) 2034 to 2035: 20 per cent

 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 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 calculated level of production of Annex C, Group I, controlled substances as set out in paragraph 2 of Article 2F, expressed in CO2 equivalents: (a) 2020 to 2024: 95 per cent (b) 2025 to 2028: 65 per cent (c) 2029 to 2033: 30 per cent (d) 2034 to 2035: 20 per cent (e) 2036 and thereafter: 15 per cent 

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 emissions of Annex F, Group II, substances generated in each production facility that manufactures Annex C, Group I, or Annex F substances are destroyed to the extent practicable using technology approved by the Parties in the same twelve-month period. 

7. Each Party shall ensure that any destruction of Annex F, Group II, substances generated by facilities that produce Annex C, Group I, or Annex F substances shall occur only by technologies approved by the Parties. 

Article 3

The preamble to Article 3 of the Protocol should be replaced with the following:

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:

“, except as otherwise specified in paragraph 2;”

The following text shall be added to the end of Article 3 of the Protocol:

“; and

(d) Emissions of Annex F, Group II, substances generated 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.

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 the purposes of Article 2J, paragraph 5 bis of Article 2 and paragraph 1 (d) of Article 3, each Party shall use the global warming potentials of those substances specified in Group I of Annex A, Annex C and Annex F.

 Article 4, paragraph 1 sept

The following paragraph shall be inserted after paragraph 1 sex of Article 4 of the Protocol:

"1 sept. Upon entry into force of this paragraph, each Party shall ban the import of the controlled substances in Annex F from any State not Party to this Protocol."

Article 4, paragraph 2 sept

The following paragraph shall be inserted after paragraph 2 sex of Article 4 of the Protocol:

"2 sept. Upon entry into force of this paragraph, each Party shall ban the export of the controlled substances in Annex F to any State not Party to this Protocol."

Article 4, paragraphs 5, 6 and 7

In paragraphs 5, 6 and 7 of Article 4 of the Protocol, for the words:

“Annexes A, B, C and E”

there shall be substituted:

“Annexes A, B, C, E and F”

Article 4, paragraphs 8

In paragraph 8 of Article 4 of the Protocol, for the words:

“Articles 2A to 2I”

there shall be substituted:

“Articles 2A to 2J”

Article 4B

The following paragraph shall be inserted after paragraph 2 of Article 4B of the Protocol:

"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."

Article 5

In paragraph 4 of Article 5 of the Protocol, for the word:

“2I”

there shall be substituted:

“2J”

In paragraphs 5 and 6 of Article 5 of the Protocol, for the words:

“Article 2I”

there shall be substituted:

“Articles 2I and 2J”

The following paragraph shall be inserted after paragraph 8 ter of Article 5 of the Protocol:

"8 qua:

(a) Each Party operating under paragraph 1 of this Article, 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) to (e) of paragraph 1 of Article 2J and subparagraphs (a) to (e) of paragraph 3 of Article 2J and modify those measures as follows: 

(i) 2024 to 2028: 100 per cent 

(ii) 2029 to 2034: 90 per cent 

(iii) 2035 to 2039: 70 per cent

(iv) 2040 to 2044: 50 per cent

(v) 2045 and thereafter: 20 per cent 

(b) Notwithstanding subparagraph (a) above, the Parties may decide that a Party operating under paragraph 1 of this Article, 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) to (e) of paragraph 1 of Article 2J and subparagraphs (a) to (e) of paragraph 3 of Article 2J and modify those measures as follows:

(i) 2028 to 2031: 100 per cent

(ii) 2032 to 2036: 90 per cent 

(iii) 2037 to 2041: 80 per cent

(iv) 2042 to 2046: 70 per cent 

(v) 2047 and thereafter: 15 per cent

(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 sixtyfive 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 subparagraph (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 subparagraph (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 production of Annex C, Group I, controlled substances as set out in paragraph 8 ter of this Article

(g) Subparagraphs (a) to (f) of this paragraph will apply to calculated levels of production and consumption save to the extent that a high-ambient-temperature exemption applies based on criteria decided by the Parties. 

Article 6

In Article 6 of the Protocol, for the words:

“Articles 2A to 2I”

there shall be substituted:

“Articles 2A to 2J”

Article 7, paragraphs 2, 3 and 3 ter

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 the years 2020 to 2022, but those Parties operating under paragraph 1 of Article 5 to which subparagraphs (d) and (f) of paragraph 8 qua of Article 5 applies shall provide such data for the years 2024 to 2026; "

 In paragraphs 2 and 3 of Article 7 of the Protocol, for the words:

“C and E”

there shall be substituted:

“C, E and F”

The following paragraph shall be added to Article 7 of the Protocol after paragraph 3 bis:

“3 ter. Each Party shall provide to the Secretariat statistical data on its annual emissions of Annex F, Group II, controlled substances per facility in accordance with paragraph 1 (d) of Article 3 of the Protocol.”

Article 7, paragraph 4

In paragraph 4 of Article 7, after the words:

“statistical data on” and “provides data on”

there shall be added:

“production,”

Article 10, paragraph 1

In paragraph 1 of Article 10 of the Protocol, for the words:

“and Article 2I”

There shall be substituted:

“, Article 2I and Article 2J”

The following shall be inserted at the end of paragraph 1 of Article 10 of the Protocol:

“Where a Party operating under paragraph 1 of Article 5 chooses to avail itself of funding from any other financial mechanism that could result in meeting any part of its agreed incremental costs, that part shall not be met by the financial mechanism under Article 10 of this Protocol.”

Article 17

In Article 17 of the Protocol, for the words:

“Articles 2A to 2I”

there shall be substituted:

“Articles 2A to 2J”

In paragraph 1 of Article 10 of the Protocol, for the words:

Annex A: Controlled substances 

The following table shall replace the table for Group I in Annex A to the Protocol:

Group       Substance         OzoneDepleting Potential*             100-Year Global Warming Potential 

Group I

CFCl3            (CFC-11)                                    1.0                                   4,750 

CF2Cl2          (CFC-12)                                    1.0                                   10,900 

C2F3Cl3        (CFC-113)                                  0.8                                    6,130 

C2F4Cl2        (CFC-114)                                   1.0                                    10,000 

C2F5Cl          (CFC-115)                                    0.6                                    7,370 

Annex C and Annex F

The following table shall replace the table for Group I in Annex C to the Protocol:

Group                Substance           Number of isomers         OzoneDepleting Potential*       100-Year Global Warming Potential***

Group I

CHFCl2              (HCFC-21)**                   1                                         0.04                                                               151

CHF2Cl              (HCFC-22)**                   1                                         0.055                                                             1810

CH2FCl              (HCFC-31)                      1                                         0.02 

C2HFCl4            (HCFC-121)                    2                                         0.01–0.04 

C2HF2Cl3         (HCFC-122)                     3                                         0.02–0.08

C2HF3Cl2         (HCFC-123)                     3                                         0.02–0.06                                                      77

CHCl2CF3         (HCFC-123)**                  –                                         0.02 

C2HF4Cl            (HCFC-124)                     2                                         0.02–0.04                                                      609 

CHFClCF3          (HCFC-124)**                 –                                         0.022

C2H2FCl3          (HCFC-131)                    3                                         0.007–0.05

C2H2F2Cl2       (HCFC-132)                     4                                         0.008–0.05

C2H2F3Cl          (HCFC-133)                    3                                         0.02–0.06 

C2H3FCl2         (HCFC-141)                     3                                         0.005–0.07 

CH3CFCl2          (HCFC-141b)**               –                                         0.11                                                               725 

C2H3F2Cl         (HCFC-142)                      3                                        0.008–0.07

CH3CF2Cl          (HCFC-142b)**              –                                          0.065                                                             2310

C2H4FCl            (HCFC-151)                    2                                         0.003–0.005 

C3HFCl6           (HCFC-221)                     5                                         0.015–0.07

C3HF2Cl5          (HCFC-222)                   9                                          0.01–0.09

C3HF3Cl4          (HCFC-223)                    12                                       0.01–0.08 

C3HF4Cl3         (HCFC-224)                     12                                       0.01–0.09 

C3HF5Cl2          (HCFC-225)                   9                                          0.02–0.07 

CF3CF2CHCl2    (HCFC-225ca)**              –                                        0.025                                                             122

CF2ClCF2CHClF (HCFC-225cb)**              –                                         0.033                                                             595 

C3HF6Cl            (HCFC-226)                     5                                         0.02–0.10 

C3H2F2Cl4        (HCFC-232)                   16                                        0.008–0.10 

C3H2F3Cl3        (HCFC-233)                   18                                        0.007–0.23

C3H2F4Cl2        (HCFC-234)                   16                                        0.01–0.28 

C3H2F5Cl          (HCFC-235)                    9                                         0.03–0.52 

C3H3FCl4          (HCFC-241)                   12                                        0.004–0.09

C3H3F2Cl3       (HCFC-242)                    18                                       0.005–0.13 

C3H3F3Cl2        (HCFC-243)                   18                                        0.007–0.12 

C3H3F4Cl         (HCFC-244)                    12                                         0.009–0.14 

C3H4FCl3          (HCFC-251)                    12                                        0.001–0.01 

C3H4F2Cl2        (HCFC-252)                   16                                         0.005–0.04 

C3H4F3Cl          (HCFC-253)                    12                                        0.003–0.03 

C3H5F2Cl          (HCFC-262)                     9                                         0.002–0.02 

C3H6FCl             (HCFC-271)                    5                                        0.001–0.03 

* 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.

*** For substances for which no GWP is indicated, the default value 0 applies until a GWP value is included by means of the procedure foreseen in paragraph 9 (a) (ii) of Article 2.

Annex F: Controlled substance

Group                                                Substance                                 100-Year Global Warming Potential

Group I

CHF2CHF2                                         HFC-134                                                1,100

CH2FCF3                                            HFC-134a                                              1,430

CH2FCHF2                                           HFC-143                                               353

CF3CH2CF2CH3                                  HFC-365mfc                                         794 

CF3CHFCF3                                        HFC-227ea                                            3,220

CH2FCF2CF3                                      HFC-236cb                                            1,340

CHF2CHFCF3                                      HFC-236ea                                            1,370

CF3CH2CF3                                        HFC-236fa                                             9,810

CH2FCF2CHF2                                    HFC-245ca                                            693

CF3CHFCHFCF2CF3                          HFC-43-10mee                                      1,640

CH2F2                                                 HFC-32                                                   675

CHF2CF3                                            HFC-125                                                  3,500

CH 3CF 3                                            HFC -143a                                               4,470 

CH 3 F                                                 HFC -41                                                  92

CH 2FCH 2 F                                      HFC -152                                                 53 

CH 3CHF 2                                         HFC -152a                                                124 

Group II

CHF 3                                                 HFC -23                                                   14,800

Article II: Relationship to the 1999 Amendment

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.

Article III: Relationship to the United Nations Framework Convention on Climate Change and its Kyoto Protocol

This Amendment is not intended to have the effect of excepting hydrofluorocarbons ‎from the scope of the commitments contained in Articles 4 and 12 of the United Nations Framework Convention on Climate Change or in Articles 2, 5, 7 and 10 of its Kyoto Protocol.

Article IV: Entry into force

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 2033, 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.

4.  After the entry into force of this Amendment, as provided under paragraphs 1 and 2, 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.

Article V: Provisional application

Any Party may, at any time before this Amendment enters into force for it, declare that it will apply provisionally any of the control measures set out in Article 2J, and the corresponding reporting obligations in Article 7, pending such entry into force.  

  • Last updated: 10 Feb 2017
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