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Agreement on Port State Measures Basel Convention Cartagena Protocol on Biosafety to the Convention on Biological Diversity Convention for the Conservation of Antarctic Marine Living Resources Convention on Biological Diversity Convention on International Trade in Endangered Species of Wild Fauna and Flora International Convention for the Conservation of Atlantic Tunas International Plant Protection Convention International Tropical Timber Agreement Kyoto Protocol Minamata Convention on Mercury Montreal Protocol Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity Nagoya – Kuala Lumpur Supplementary Protocol on Liability and Redress to the Cartagena Protocol on Biosafety Paris Agreement Rotterdam Convention Stockholm Convention UN Fish Stocks Agreement United Nations Convention on the Law of the Sea United Nations Framework Convention on Climate Change
Provisions of the convention
Article 2 – Control measures

5.Any Party may, for any one or more control periods, transfer to another Party any portion of its calculated level of production set out in Articles 2A to 2F Articles 2H and 2J, 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.[paragraph 5 of Article 2 replaced by the London Amendment (1990) on 10 August 1992, and amended by the Copenhagen Amendment (1992) on 14 June 1994, and by the Beijing Amendment (1999) on 25 February 2002, and by the Kigali Amendment (2016) on 1 January 2019]

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.[paragraph 5 bis of Article 2 introduced by the Copenhagen Amendment (1992) on 14 June 1994]

6.Any Party not operating under Article 5, that has facilities for the production of Annex A or Annex B controlled substances under construction, or contracted for, prior to 16 September 1987, and provided for in national legislation prior to 1 January 1987, may add the production from such facilities to its 1986 production of such substances for the purposes of determining its calculated level of production for 1986, provided that such facilities are completed by 31 December 1990 and that such production does not raise that Party’s annual calculated level of consumption of the controlled substances above 0.5 kilograms per capita.[paragraph 6 of Article 2 amended by the London Amendment (1990) on 10 August 1992]

7.Any transfer of production pursuant to paragraph 5 or any addition of production pursuant to paragraph 6 shall be notified to the Secretariat, no later than the time of the transfer or addition.

8.
(a)Any Parties which are Member States of a regional economic integration organization as defined in Article 1 (6) of the Convention may agree that they shall jointly fulfil their obligations respecting consumption under this Article and Articles 2A to 2J provided that their total combined calculated level of consumption does not exceed the levels required by this Article and Articles 2A to 2J.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.[paragraph 8(a) of Article 2 amended by the London Amendment (1990) on 10 August 1992, and by the Copenhagen Amendment (1992) on 14 June 1994, and by the Beijing Amendment (1999) on 25 February 2002, and by the Kigali Amendment (2016) on 1 January 2019]
(b)The Parties to any such agreement shall inform the Secretariat of the terms of the agreement before the date of the reduction in consumption with which the agreement is concerned.
(c)Such agreement will become operative only if all Member States of the regional economic integration organization and the organization concerned are Parties to the Protocol and have notified the Secretariat of their manner of implementation.

9.
(a)Based on the assessments made pursuant to Article 6, the Parties may decide whether:
(i)Adjustments to the ozone depleting potentials specified in Annex A, Annex B, Annex C and/or Annex E should be made and, if so, what the adjustments should be;[paragraph 9(a)(i) of Article 2 amended by the London Amendment (1990) on 10 August 1992, and by the Copenhagen Amendment (1992) on 14 June 1994, and by the Kigali Amendment (2016) on 1 January 2019]
(ii)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[paragraph 9(a)(ii) of Article 2 introduced by the Kigali Amendment (2016) on 1 January 2019]
(iii)Further adjustments and reductions of production or consumption of the controlled substances should be undertaken and, if so, what the scope, amount and timing of any such adjustments and reductions should be;[paragraph 9(a)(iii), previously paragraph 9(a)(ii), of Article 2 amended by the London Amendment (1990) on 10 August 1992, and renumbered by the Kigali Amendment (2016) on 1 January 2019]
(b)Proposals for such adjustments shall be communicated to the Parties by the Secretariat at least six months before the meeting of the Parties at which they are proposed for adoption;
(c)In taking such decisions, the Parties shall make every effort to reach agreement by consensus. If all efforts at consensus have been exhausted, and no agreement reached, such decisions shall, as a last resort, be adopted by a two-thirds majority vote of the Parties present and voting representing a majority of the Parties operating under paragraph 1 of Article 5 present and voting and a majority of the Parties not so operating present and voting;[paragraph 9(c) of Article 2 amended by the London Amendment (1990) on 10 August 1992]
(d)The decisions, which shall be binding on all Parties, shall forthwith be communicated to the Parties by the Depositary. Unless otherwise provided in the decisions, they shall enter into force on the expiry of six months from the date of the circulation of the communication by the Depositary.

10.Based on the assessments made pursuant to Article 6 of this Protocol and in accordance with the procedure set out in Article 9 of the Convention, the Parties may decide:
(i)whether any substances, and if so which, should be added to or removed from any annex to this Protocol, and
(ii)the mechanism, scope and timing of the control measures that should apply to those substances;
[paragraph 10(a) of Article 2 renumbered to paragraph 10 and paragraph 10(b) of Article 2 removed by the London Amendment (1990) on 10 August 1992]

11.Notwithstanding the provisions contained in this Article and Articles 2A to 2J, Parties may take more stringent measures than those required by this Article and Articles 2A to 2J.[paragraph 11 of Article 2 amended by the London Amendment (1990) on 10 August 1992, and by the Copenhagen Amendment (1992) on 14 June 1994, and by the Beijing Amendment (1999) on 25 February 2002, and by the Kigali Amendment (2016) on 1 January 2019]
Article 4 – Control of trade with non-Parties

1.As of 1 January 1990, each Party shall ban the import of the controlled substances in Annex A from any State not party to this Protocol.[paragraph 1 of Article 4 replaced by the London Amendment (1990) on 10 August 1992]

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.[paragraph 1 sept of Article 4 introduced by the Kigali Amendment (2016) on 1 January 2019]

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.[paragraph 2 of Article 4 replaced by the London Amendment (1990) on 10 August 1992]

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.[paragraph 2 sept of Article 4 introduced by the Kigali Amendment (2016) on 1 January 2019]

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.[paragraph 3 of Article 4 replaced by the London Amendment (1990) on 10 August 1992]

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 or restrict, within one year of the annex having become effective, the import of those products from any State not party to this Protocol.[paragraph 4 of Article 4 replaced by the London Amendment (1990) on 10 August 1992]

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 in Annexes A, B, C, E and F.[paragraph 5 of Article 4 replaced by the London Amendment (1990) on 10 August 1992, and amended by the Copenhagen Amendment (1992) on 14 June 1994, and by the Montreal Amendment (1997) on 10 November 1999, and by the Beijing Amendment (1999) on 25 February 2002, and by the Kigali Amendment (2016) on 1 January 2019]

6.Each Party shall refrain from providing new subsidies, aid, credits, guarantees or insurance programmes for the export to States not party to this Protocol of products, equipment, plants or technology that would facilitate the production of controlled substances in Annexes A, B, C, E and F.[paragraph 6 of Article 4 amended by the Copenhagen Amendment (1992) on 14 June 1994, and by the Montreal Amendment (1997) on 10 November 1999, and by the Beijing Amendment (1999) on 25 February 2002, and by the Kigali Amendment (2016) on 1 January 2019]

7.Paragraphs 5 and 6 shall not apply to products, equipment, plants or technology that improve the containment, recovery, recycling or destruction of controlled substances in Annexes A, B, C, E and F, promote the development of alternative substances, or otherwise contribute to the reduction of emissions of controlled substances in Annexes A, B, C, E and F.[paragraph 7 of Article 4 amended by the Copenhagen Amendment (1992) on 14 June 1994, and by the Montreal Amendment (1997) on 10 November 1999, and by the Beijing Amendment (1999) on 25 February 2002, and by the Kigali Amendment (2016) on 1 January 2019]

8.Notwithstanding the provisions of this Article, imports and exports referred to in paragraphs 1 to 4 ter of this Article, may be permitted from, or to, any State not party to this Protocol, if that State is determined by a meeting of the Parties to be in full compliance with Article 2, Articles 2A to 2J and this Article and have submitted data to that effect as specified in Article 7.[paragraph 8 of Article 4 replaced by the London Amendment (1990) on 10 August 1992, and amended by the Copenhagen Amendment (1992) on 14 June 1994, and by the Montreal Amendment (1997) on 10 November 1999, and by the Beijing Amendment (1999) on 25 February 2002, and by the Kigali Amendment (2016) on 1 January 2019]

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.[paragraph 9 of Article 4 introduced by the London Amendment (1990) on 10 August 1992]

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.[paragraph 10 of Article 4 introduced by the Copenhagen Amendment (1992) on 14 June 1994]
Article 2A – CFCs

Article 2A – CFCs

[Article 2A introduced by Adjustments agreed at the Second Meeting on 7 March 1991]
1.Each Party shall ensure that for the twelve-month period commencing on the first day of the Seventh month following the date of entry into force of this Protocol, and in each twelve-month period thereafter, its calculated level of consumption of the controlled substances in Group I of Annex A does not exceed its calculated level of consumption in 1986. By the end of the same period, each Party producing one or more of these substances shall ensure that its calculated level of production of the substances does not exceed its calculated level of production in 1986, except that such level may have increased by no more than ten per cent based on the 1986 level. Such increase shall be permitted only so as to satisfy the basic domestic needs of the Parties operating under Article 5 and for the purposes of industrial rationalization between Parties.
2.Each Party shall ensure that for the period from 1 July 1991 to 31 December 1992 its calculated levels of consumption and production of the controlled substances in Group I of Annex A do not exceed 150 per cent of its calculated levels of production and consumption of those substances in 1986; with effect from 1 January 1993, the twelve-month control period for these controlled substances shall run from 1 January to 31 December each year.
3.Each Party shall ensure that for the twelve-month period commencing on 1 January 1994, and in each twelve-month period thereafter, its calculated level of consumption of the controlled substances in Group I of Annex A does not exceed, annually, twenty-five per cent of its calculated level of consumption in 1986. Each Party producing one or more of these substances shall, for the same periods, ensure that its calculated level of production of the substances does not exceed, annually, twenty-five per cent of its calculated level of production in 1986. However, in order to satisfy the basic domestic needs of the Parties operating under paragraph 1 of Article 5, its calculated level of production may exceed that limit by up to ten per cent of its calculated level of production in 1986.[paragraph 3 of Article 2A replaced by Annex I to the Adjustments agreed at the Fourth Meeting on 23 September 1993]
4.Each Party shall ensure that for the twelve-month period commencing on 1 January 1996, and in each twelve-month period thereafter, its calculated level of consumption of the controlled substances in Group I of Annex A does not exceed zero. Each Party producing one or more of these substances shall, for the same periods, ensure that its calculated level of production of the substances does not exceed zero. However, in order to satisfy the basic domestic needs of the Parties operating under paragraph 1 of Article 5, its calculated level of production may exceed that limit by a quantity equal to the annual average of its production of the controlled substances in Group I of Annex A for basic domestic needs for the period 1995 to 1997 inclusive. This paragraph will apply save to the extent that the Parties decide to permit the level of production or consumption that is necessary to satisfy uses agreed by them to be essential.[paragraph 4 of Article 2A replaced by Annex I to the Adjustments agreed at the Fourth Meeting on 23 September 1993, and amended by Annex II to the Adjustments agreed at the Eleventh Meeting on 28 July 2000]
5.Each Party shall ensure that for the twelve-month period commencing on 1 January 2003 and in each twelve-month period thereafter, its calculated level of production of the controlled substances in Group I of Annex A for the basic domestic needs of the Parties operating under paragraph 1 of Article 5 does not exceed eighty per cent of the annual average of its production of those substances for basic domestic needs for the period 1995 to 1997 inclusive.[paragraph 5 of Article 2A removed by Annex I to the Adjustments agreed at the Fourth Meeting on 23 September 1993, and introduced by Annex II to the Adjustments agreed at the Eleventh Meeting on 28 July 2000]
6.Each Party shall ensure that for the twelve-month period commencing on 1 January 2005 and in each twelve-month period thereafter, its calculated level of production of the controlled substances in Group I of Annex A for the basic domestic needs of the Parties operating under paragraph 1 of Article 5 does not exceed fifty per cent of the annual average of its production of those substances for basic domestic needs for the period 1995 to 1997 inclusive.[paragraph 6 of Article 2A removed by Annex I to the Adjustments agreed at the Fourth Meeting on 23 September 1993, and introduced by Annex II to the Adjustments agreed at the Eleventh Meeting on 28 July 2000]
7.Each Party shall ensure that for the twelve-month period commencing on 1 January 2007 and in each twelve-month period thereafter, its calculated level of production of the controlled substances in Group I of Annex A for the basic domestic needs of the Parties operating under paragraph 1 of Article 5 does not exceed fifteen per cent of the annual average of its production of those substances for basic domestic needs for the period 1995 to 1997 inclusive.[paragraph 7 of Article 2A introduced by Annex II to the Adjustments agreed at the Eleventh Meeting on 28 July 2000]
8.Each Party shall ensure that for the twelve-month period commencing on 1 January 2010 and in each twelve-month period thereafter, its calculated level of production of the controlled substances in Group I of Annex A for the basic domestic needs of the Parties operating under paragraph 1 of Article 5 does not exceed zero.[paragraph 8 of Article 2A introduced by Annex II to the Adjustments agreed at the Eleventh Meeting on 28 July 2000]
9.For the purposes of calculating basic domestic needs under paragraphs 4 to 8 of this Article, the calculation of the annual average of production by a Party includes any production entitlements that it has transferred in accordance with paragraph 5 of Article 2, and excludes any production entitlements that it has acquired in accordance with paragraph 5 of Article 2.[paragraph 9 of Article 2A introduced by Annex II to the Adjustments agreed at the Eleventh Meeting on 28 July 2000]
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 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

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.
Article 4A – Control of trade with Parties

Article 4A – Control of trade with Parties

[Article 4A introduced by the Montreal Amendment (1997) on 10 November 1999]
1.Where, after the phase-out date applicable to it for a controlled substance, a Party is unable, despite having taken all practicable steps to comply with its obligation under the Protocol, to cease production of that substance for domestic consumption, other than for uses agreed by the Parties to be essential, it shall ban the export of used, recycled and reclaimed quantities of that substance, other than for the purpose of destruction.
2.Paragraph 1 of this Article shall apply without prejudice to the operation of Article 11 of the Convention and the non-compliance procedure developed under Article 8 of the Protocol.
Article 4B – Licensing

1.Each Party shall, by 1 January 2000 or within three months of the date of entry into force of this Article for it, whichever is the later, establish and implement a system for licensing the import and export of new, used, recycled and reclaimed controlled substances in Annexes A, B, C and E.

2.Notwithstanding paragraph 1 of this Article, any Party operating under paragraph 1 of Article 5 which decides it is not in a position to establish and implement a system for licensing the import and export of controlled substances in Annexes C and E, may delay taking those actions until 1 January 2005 and 1 January 2002, respectively.

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.[paragraph 2 bis of Article 4B introduced by the Kigali Amendment (2016) on 1 January 2019]

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.