The Vienna Convention for the
Protection of the Ozone Layer
ROYAL DECREE No. M/1, Dated 06/02/1413H
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United Nations
Environment
Programme
Distr.
GENERAL
UNEP/OzL.Pro.2/3
29 June 1990
ORIGINAL: ENGLISH
SECOND MEETING OF THE PARTIES TO THE
MONTREAL PROTOCOL ON SUBSTANCES
THAT DEPLETE THE OZONE LAYER
London, 27-29 June 1990
Agenda item 7
REPORT OF THE SECOND MEETING OF THE PARTIES TO THE
MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE
THE OZONE LAYER
INTRODUCTION
1. The Second Meeting of the Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer was held at the headquarters of the International Maritime Organization, in London, from 27 to 29 June 1990, at the invitation of the Government of the United Kingdom of Great Britain and Northern Ireland.
I. OPENING OF THE MEETING
A. Opening remarks by the President of the Meeting of the Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer
2. His Excellency Mr. K. Bärlund, Minister of the Environment of Finland and President of the First Meeting of the Parties, declared the meeting open at 10 a.m. on Wednesday, 27 June 1990. He observed that real progress had been made in under three years: agreement had been reached on the Protocol in 1987; it entered into force early in 1989; and political agreement to strengthen the Protocol had been reached soon thereafter at the First Meeting of the Parties, held in Helsinki. A major task facing the Parties was to make financial resources and technology available to developing countries so that they could participate effectively in the international effort that was required.
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B. Welcoming remarks by the Secretary-General of the International Maritime Organization
3. Mr. W. O'Neil, Secretary-General of the International Maritime Organization (IMO), welcomed participants to IMO headquarters. As an organization concerned with the marine environment, as well as the operation of ships, IMO recognized that CFCs and halons on board ship caused pollution. Yet, they played an essential role in ensuring safety at sea. There was, therefore, a clear need for changes to be devised and put into effect.
C. Statement by the Prime Minister of the Government of the United Kingdom
4. The Prime Minister of the Government of the United Kingdom, the Right Honourable Mrs. Margaret Thatcher, stated that there was increasing scientific evidence of the damage caused to the ozone layer by CFCs and other chemicals. However, over the previous 15 months there had been encouraging signs of success in convincing the public of the gravity of the situation, as was shown by increased purchases of ozone-friendly products. The United Kingdom had called for a European Community initiative on labelling of products to reinforce that trend by providing honest information. Manufacturers were also constantly developing substitute technologies. It was now for Governments to build on the historic achievement of the Montreal Protocol and draw up a global convention on climate change, which ought to be ready by 1992, in time for the United Nations Conference on Environment and Development.
5. In view of the damage that had already been done to the ozone layer, the targets previously set in the Protocol were not ambitious enough. Higher targets and shorter deadlines must be set for reducing and eliminating CFCs and halons, and the scope of the Protocol must be extended to cover other substances such as carbon tetrachloride and methyl chloroform. The search for safe alternatives must be intensified, which was no easy task. British industry was making some notable contributions.
6. The controls in the Protocol could achieve successful results only if all countries, including those from the third world, were signatories. But countries at any early stage of industrial development had understandable concerns about adverse effects on their economic growth. It was the duty of industrialized countries to help them with substitute technologies and with financing the additional costs involved. Britain supported the proposal for an initial three-year programme of action and was ready to contribute at least $9 million to it, rising to $15 million if other major consumers joined the Protocol.
D. Statement by the Executive Director of UNEP and presentation of a Global 500 Award to the Prime Minister of the Government of the United Kingdom
7. Dr. Tolba, the Executive Director of the United Nations Environment Programme (UNEP), expressed his gratitude to the Prime Minister and the Government of the United Kingdom for hosting the meeting, as well as his appreciation to the Secretary-General and staff of IMO for their contribution to its smooth organization. Noting the progress that had been made since the London "Saving the Ozone Layer" Conference had been held 15 months
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previously, he said that the groundwork for a successful conclusion of the meeting had been laid through the efforts of the Open-Ended Working Group of the Parties, which had met immediately prior to the current meeting. Difficulties, of course, remained but, in view of what was at stake, there was general agreement that failure could not be contemplated. Indeed, the importance of the meeting went beyond the issues immediately before it: a successful outcome would give rise to greater confidence in tackling the other, much more complex, environmental issues that loomed and would contribute to the establishment of a new political movement to deal with the environmental crisis, based on long-term benefit for all, and rooted in respect for the value of human life and for nature.
8. Finally, praising the United Kingdom Prime Minister for championing the cause of the ozone layer and for her statesmanship on other environmental issues, the Executive Director presented her with a Global 500 Award in recognition of her outstanding work in putting the environment at the top of the international agenda and thus providing an example to many throughout the world.
II. ORGANIZATIONAL MATTERS
A. Attendance
9. The following 54 Parties to the Montreal Protocol were represented: Australia, Austria, Belgium, Brazil, Byelorussian SSR, Cameroon, Canada, Chile, Denmark, Egypt, European Economic Community, Finland, France, German Democratic Republic, Federal Republic of Germany, Ghana, Greece, Guatemala, Hungary, Iceland, Ireland, Italy, Japan, Jordan, Kenya, Liechtenstein, Luxembourg, Malaysia, Maldives, Malta, Mexico, Netherlands, New Zealand, Nigeria, Norway, Panama, Portugal, Singapore, South Africa, Spain, Sri Lanka, Sweden, Switzerland, Syrian Arab Republic, Thailand, Trinidad and Tobago, Tunisia, Uganda, Ukrainian SSR, Union of Soviet Socialist Republics, United Kingdom, United States of America, Venezuela and Zambia.
10. The following 42 States not party to the Protocol were also represented: Algeria, Angola, Antigua and Barbuda, Argentina, Bangladesh, Barbados, Botswana, Brunei Darussalam, Bulgaria, Burundi, China, Colombia, Congo, Côte d'Ivoire, Czechoslovakia, Dominica, Ecuador, El Salvador, India, Kuwait, Malawi, Morocco, Myanmar, Paraguay, Peru, Philippines, Poland, Qatar, Republic of Korea, Romania, Saudi Arabia, Senegal, Somalia, Sudan, Swaziland, Togo, Turkey, Uruguay, Yemen, Yugoslavia, Zaire and Zimbabwe.
11. Observers from the following United Nations bodies and specialized agencies were also present: United Nations Office of Legal Affairs, United Nations Conference on Environment and Development, United Nations Development Programme (UNDP), International Maritime Organization (IMO), United Nations Industrial Development Organization (UNIDO), World Bank and the World Meteorological Organization (WMO).
12. The following other organizations were represented: AFCAM - Australia, Air Conditioning and Refrigeration Institute, Alliance for Responsible CFC Policy, Ashrae, Australian Conservation Foundation, Brazilian Association of Electrical and Electronic Industries (ABINEE), Chemical Association (Austria), CIFL (United States), Consumers' Association (United Kingdom), Conference of
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European Churches, Du Pont International SA, Environment and Energy Study Institute, Environmental Resources Ltd., European Council of Chemical Manufacturers' Federations (CEFIC), European Free Trade Association (EFTA), Exploration and Production Forum, Federation of European Aerosol Associations (FEA), Friends of the Earth International, Greenpeace International, Halogenated Solvents Industry Alliance, ICOLS, Industrial Technology Research Institute (ITRI), Institute for Cultural Affairs, Institute for Studies in Environmental Law (ISEL), International Chamber of Commerce (ICC), International Council of Environmental Law, International Institute for Environment and Development (IIED), International Institute of Refrigeration, Japan Association for Hygiene of Chlorinated Solvents (JAHCS), Japan Electrical Manufacturers Association (JEMA), Japan Flon Gas Association, Motor Vehicle Manufacturers Association (United States) (MVMA), Natural Resources Defense Council, Pharmaceutical Aerosol CFC Coalition, Program for Alternative Fluorocarbon Toxicity Testing (PAFT), Refrigeration Industry Board (RIB), Société ECIA, SRF Ltd. (formerly Shri Ram Fibres), Stockholm Environment Institute, Ulsan Chemical Co. Ltd., Worldwatch, World Wide Fund for Nature International (WWF) and Ziegler and Associates.
B. Election of officers
13. In accordance with rule 21, paragraph 1, of the rules of procedure, the following officers were elected, by acclamation, at the opening meeting:
President: Rt. Hon. Chris Patten, Secretary of State for the
Environment, United Kingdom
Vice-Presidents: Mr. Paulo Tarso Flecha de Lima, Ambassador of Brazil
to the United Kingdom
Mr. Philip Woolaston, Minister of Conservation, New
Zealand
Prof. Vladimir Zakharov, Deputy Chairman of the USSR
State Committee for Hydrometeorology
Rapporteur: Mr. Paul Malukutila, Minister of Water, Lands and
Natural Resources, Zambia
C. Adoption of the agenda
14. The following agenda, as contained in document UNEP/OzL.Pro.2/1/Rev.4, was adopted:
1. Opening of the meeting:
(a) Opening remarks by the President of the Meeting of the Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer;
(b) Welcoming remarks by the Secretary-General of the International Maritime Organization;
(c) Statement by the Prime Minister of the Government of the United Kingdom, the Right Honourable Mrs. Margaret Thatcher;
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(d) Statement by the Executive Director of UNEP.
2. Organizational matters:
(a) Election of the President, three Vice-Presidents and the Rapporteur;
(b) Adoption of the agenda;
(c) Credentials of representatives.
3. Consideration of the reports and notes of the Secretariat:
(a) Introduction by the Executive Director;
(b) Statement by the Secretary-General of the World Meteorological Organization;
(c) Brief presentation of the latest developments in science regarding the ozone layer;
(d) Reports and notes on:
(i) Implementation of the Protocol:
a. Report of the Executive Director;
b. Assessment panels and updating assessment reports;
c. Workplans pursuant to Article 10;
d. Reporting of data and information;
(ii) Procedures and institutional mechanisms for non-compliance;
(iii) Adjustments and amendments to the Protocol.
4. Other decisions of the Parties.
5. Consideration of the proposed budgets and proposed percentages and amounts of contributions by Parties.
6. Other matters.
7. Adoption of the report.
8. Closure of the meeting.
D. Credentials
15. In accordance with rule 19 of the rules of procedure, the officers of the Meeting examined the credentials of representatives and, having found them to be in good and due form, so reported to the Meeting.
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III. SUBSTANTIVE MATTERS
A. Introduction by the Executive Director
16. In his introductory statement, the Executive Director of UNEP, stressing the historic importance of the meeting and the remarkable progress achieved since the entry into force of the Montreal Protocol, said that industrial, scientific and governmental committees had accepted that the initial target of freezing CFC production and halving output would not save the ozone layer. Even if production of all ozone-depleting chemicals was stopped immediately, it would take 80 years to plug the ozone hole over Antarctica. CFCs were also major contributors to the greenhouse effect. The Bureau and the Open-Ended Working Group of the Parties had hammered out the proposed agreement currently before the Parties, an agreement that would pave the way for meaningful action by Governments. In terms of the provisions of a strengthened Protocol, UNEP endorsed the phasing-out by the year 2000, and preferably earlier, of the five CFCs and three halons currently controlled and of all other fully halogenated CFCs; the elimination of the use of carbon tetrachloride and a considerable reduction in the use of methyl chloroform by the same date; and the inclusion of all substitutes on a separate list with a requirement for annual reports on their production and consumption, strict guidelines for their use and a commitment to phase them out within a specified period, together with a clear indication to industry that what was required were substitutes with no ozone-depleting or global-warming potential. The issue of possible new halons should also be addressed.
17. Since the current 60 Parties to the Protocol were responsible for over 90 per cent of the production and consumption of ozone-depleting chemicals, the inclusion of those three elements would provide the basis for a meaningful instrument.
18. The Protocol must also be forward-looking. One hundred States Members of the United Nations had still to become Parties, among them, newly industrializing nations, two of which, in particular, represented over one third of mankind. Such nations required incentives to leap-frog the CFC phase in their industrial development and unless full agreement was reached on such incentives, there could be no meaningful Protocol. He was much encouraged by the fact that Parties were now ready to make provision for those incentives in the form of a financial mechanism and technology transfer. The Open-Ended Working Group had agreed upon target funding and a scheme for contribution to a properly financed multilateral fund designed to meet the incremental costs to developing countries of complying with the current and proposed strengthened provisions of the Protocol. The Meeting also had before it his proposal for technology transfer, which was the outcome of the fullest consultations between Governments and industry.
19. The Parties therefore had before them the essential constituents of what UNEP considered to be a meaningful agreement. Stressing that far more than the ozone layer was at stake, he said that a successful outcome would give a tremendous boost to the forthcoming World Climate Conference and provide an impetus for the conclusion of conventions on such other major issues as climate change and biological diversity before the United Nations Conference on Environment and Development in 1992. It would also show that the nations of the industrialized North were serious about tackling the inequity in the global economy, which was the underlying reason for the destruction of the human environment.
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B. Statement by the Secretary-General of the World Meteorological Organization
20. Professor G.O.P. Obasi, Secretary-General of the World Meteorological Organization (WMO), stated that WMO had oriented its activities in full support of international efforts to protect the atmosphere, in particular the ozone layer, from harmful human interventions. Through its various scientific and technical programmes, WMO provided its member States with authoritative scientific information on the behaviour of the atmosphere, including its climate, while its Global Ozone Observing System, which had been operational since the 1950s, supplied the only data set available for determining ozone trends.
21. The assessment carried out by WMO in 1988 and 1989, in collaboration with the National Aeronautics and Space Administration of the United States and with UNEP, had confirmed the spectacular ozone losses over Antarctica during the austral spring were due to CFCs trapped in the winter circumpolar vortex. Such reductions would occur for many decades, even after a complete phase-out of the provision and use of CFCs. The assessment also unequivocally established that there had been measurable decline in total column ozone over the northern and southern hemisphere mid-latitudes during the previous two decades. WMO data from stations in central Europe and Canada also revealed a very pronounced decline of nearly 0.5 per cent a year, while recent analysis of satellite measurements over the previous 11 years indicated a two to three per cent decline in the equatorial belt. His organization therefore strongly endorsed proposals for a rapid phase-out.
22. The monitoring of concentrations of ozone and ozone-depleting gases should be improved in order to evaluate the situation with greater precision. With that in mind, the WMO Executive Council decided in 1989 to establish a special fund for climate and atmospheric environment studies, for a total of $US 22 million, $US 7-8 million of which would be used to improve ozone monitoring capabilities, including assistance to developing countries in improving their networks. He appealed to participants to facilitate contributions by their Governments to the fund and observed, in that connection, that additional resources for WMO to carry out the tasks assigned to it under the Vienna Convention were slow in arriving.
C. General debate
23. General statements were then made by representatives of 50 States, including 11 non-Parties, 1 regional economic integration organization and 4 non-governmental organizations. Discussion focused on the proposed amendments and adjustments to the Protocol, and the proposals for a financial mechanism and the transfer of technology.
24. Many representatives from the developed countries were in favour of the proposed amendments and adjustments and wished to bring forward the date for the phasing out of CFCs to 1997, to achieve a reduction of 85 per cent in carbon tetrachloride by 1995 and reductions in methyl chloroform by the year 2000. Further limitations on halons were suggested. Many representatives of developed countries also reported that their national programmes were well ahead of the Protocol's scheduled dates and were more comprehensive with
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provided that it did not create a new bureaucracy, that it used UNEP to manage the clearing-house functions, the World Bank to finance the needed investments, and UNDP to assist in feasibility and pre-investment studies. He added that the programme should not be viewed as a precedent for other issues or negotiations, where conditions might well be different. Another delegation envisaged the role of the World Bank as being that of a consultant.
29. A number of representatives referred to the conditions for transfer of technology. Several delegations referred to the need for fairly priced substitutes and technology. Real co-operation with and understanding by industry was indispensable, because protection of the environment should not be turned into an opportunity for a few enterprises to make exorbitant profits. Another representative mentioned the importance of co-operation from multinationals. A representative of a developing country expressed concern that, while developed countries designed national laws to prevent the transfer of ozone-destructive technology, they professed themselves unable to guarantee the transfer of ozone-friendly technologies. Another representative urged that technological information be shared, and one developing country delegation considered that the transfer of technology should be free of charge. The representatives of two developing countries that are major food producers pointed out the importance of refrigeration to their economies.
30. While it was generally agreed that recent scientific data left no doubt that the ozone layer was in peril over both Antartica and the Arctic, a number of delegations called attention to the need for greater scientific knowledge about the situation and some mentioned in that connection that their respective countries were launching meteorological satellites to monitor the ozone layer.
31. Several delegations mentioned the special concern of their respective countries in view of their geographical location in either the high southern or high northern latitudes. Some observed that new types of threat to the ozone layer were emerging with the development of high-altitude supersonic aircraft and the increased number of heavy rockets and space shuttles.
32. Many delegations urged that all countries should be encouraged to become Parties to the Protocol. One delegation proposed that special assistance should be extended to non-Party developing countries. The representatives of one non-Party pointed out that the financial mechanism to be established would be a temporary arrangement to cover the period 1991-1993 and that final agreement on the article relating to the transfer of technology was not assured; however, the country concerned would seriously consider acceding to the Protocol. The representative of another developing country not Party to the Protocol pointed out that his country fell awkwardly between the provisions of Article 2 and Article 5 of the Protocol, because of its level of per capita consumption of the controlled substances. He urged that an attempt should be made to accommodate such countries in the Protocol as soon as possible.
33. Many delegations expressed the hope that a successful outcome to the current negotiations on the Protocol would pave the way for further concerted measures to protect the environment, particularly in respect of climate change and global warming. Reference was made to the desirability of presenting to the 1992 Conference on Environment and Development a draft convention on climate.
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regard to controlled substances. A number of those delegations reported understanding and co-operation from national industries; some reported success by using a mixture of incentives and taxation measures, while others observed that setting deadlines, for example for the temporary use and eventual phase-out of HCFCs, encouraged industry to seek replacement substances with no ozone-depleting potential.
25. Several representatives of developing countries pointed out defects in the current operation of the Montreal Protocol. One such representative stated that potential investors had to be turned away because of the CFC quota imposed on national industries, and that developing countries were being asked to reduce production and consumption to a level 70 per cent below that of developed countries. Another such representative said that the conditions attached to strengthening the Protocol must be consistent with third world development.
26. On the general issue of the financial mechanism and technology transfer, several representatives of developing countries, some citing their country's debt problems, stated that their countries would need more co-operation, both financial and technological, with the developed countries, if they were to meet the deadlines laid down in the Protocol; one such representative said that the present offers of co-operation were inadequate. Other representatives pointed out that the disastrous environmental pollution in their countries would make compliance very difficult, although they were anxious to respect their obligations.
27. In respect of the financial mechanism, there was general agreement on the need for good faith between countries and equitable sharing. A number of representatives of developed countries referred to their country's responsibilities on the "polluter pays" principle. Some stated that their country's contribution to the Multilateral Fund would not in any way affect their other development assistance programmes. With regard to fixing contributions to the Multilateral Fund, a number of delegations proposed the use of the United Nations scale of assessments while others proposed a scale based on 1986 consumption of controlled substances. On the matter of "equitable sharing", several representatives mentioned the need for financing without conditionality while one suggested that guidelines were required in order to ensure that country studies, which were used for assessing incremental financing and for identifying the needs of developing countries, were made on a comparable basis, with the assistance of consultants.
28. The question of the appropriate administration for the financial mechanism was mentioned. An intergovernmental organization and a number of representatives of developing countries said that they would prefer it to be under the direct authority of the Parties through an executive committee. One representative urged that the executive committee be established forthwith, and another offered to host its first meeting, defraying the administrative cost of organizing the meeting and costs associated with developing country participation. Several delegations expressed interest in serving on the executive committee. The representative of a major potential contributor said that his country agreed to the programme of technical financial co-operation
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34. One observer group stated that the crucial issue which participants needed to resolve was the amount of production of CFCs to be allowed up to the date when phase-out was completed. The proposals of the Executive Director of UNEP led to a global estimate of 5.5 million tonnes. The European Community's proposals implied about 2 million tonnes. That was a wide divergence. Bearing in mind the more alarming picture painted by recent findings, the observer group urged delegates to incline towards a low rather than a high production tonnage. With regard to methyl chloroform, it stated that it would be feasible to require production to be terminated by 1992.
35. Another observer group expressed concern about the direction being taken by the meeting. It seemed that delegations would be satisfied if they reached agreement on measures which would allow pollution levels to climb by 50 per cent by the time CFC phase-out was completed. Nobody could claim that that would be a safe outcome for future generations nor that the decision had been reached in ignorance of the risks. If some countries could phase out CFCs rather quickly, why should not other advanced industrialized countries be able to do the same? On the financial issues involved, it had no doubt that if the wealthier countries were sincerely concerned about halting the depletion of the ozone layer, they could raise much larger sums than had been mentioned, for application in developing countries as well as in their own.
36. A third observer group expressed dissatisfaction with the amount of progress made. The Vienna Convention signalled agreement to save the ozone layer and endorsed the precautionary principle. Subsequent events showed reaction rather than action as the ruling principle. It estimated that the proposed amendments to the Protocol could lead to the production of about 17 million tonnes of CFCs before phase-out was complete. Phase-out of HCFCs could feasibly be set for an earlier date. As proposals stood, it was doubtful whether the new international fund would be financially adequate; moreover, the obligations to provide technology assistance to developing countries should be made clearer and more explicit.
37. A delegate from the Australian youth delegation said that words uttered in the name of Governments were not always matched by deeds. She appealed to participants to make decisions which would reflect inter-generational equity. Young people realized that their fate was tied to what happened to the words appearing in square brackets in texts under negotiation, and they were apprehensive of the outcome.
D. Action by the Meeting
38. Under agenda items 3, 4 and 5, the Meeting had before it the reports of the Secretariat on the status of implementation of the Protocol (UNEP/Pro.OzL.Pro.2/2 and Corr.1, Add.1 and Add.3), on data submitted to the Secretariat on production, imports and exports of controlled substances (UNEP/Ozl.Pro.2/2/Add.4/Rev.1) and on financial implications and arrangements, including the adoption of a revised budget (UNEP/OzL.Pro.2/2/Add.5 and Corr.1 and 2). It also had before it a draft non-compliance procedure (UNEP/OzL.Pro.2/L.1) recommended by the Ad Hoc Working Group of Legal Experts on Non-Compliance in accordance with decision 8 (a) of the First Meeting of the Parties and draft texts submitted for its consideration by the Open-Ended Working Group of the Parties, including a draft resolution (UNEP/OzL.Pro.2/L.2), draft adjustments to the Protocol (UNEP/OzL.Pro.2/L.3), a draft Amendment to the Protocol (UNEP/OzL.Pro.2/L.4/Rev.1), draft decisions (UNEP/OzL.Pro.2/L.5/Rev.1) and appendices to draft decision II/8 (UNEP/OzL.Pro.2/L.6).
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39. After extensive deliberations, the Meeting agreed on amended versions of the draft adjustments to the Protocol, the draft Amendment to the Protocol, the draft decisions and the appendices to draft decisions II/8 that had been submitted to it by the Open-Ended Working Group. These amended texts, contained, respectively, in documents UNEP/OzL.Pro.2/L.3/Rev.1, UNEP/OzL.Pro.2/L.4/Rev.2, UNEP/OzL.Pro.2/L.5/Rev.2 and L.9/Rev.1, L.11 and L.14, and UNEP/OzL.Pro.2/L.6/Rev.1, together with the draft procedure on non-compliance (UNEP/OzL.Pro.2/L.1), were adopted by the Meeting at its final session, on 29 June 1990, by consensus and, except as noted in paragraphs 41-43 below, without comment or further amendment, as reflected in the following section.
IV. DECISIONS
40. The Second Meeting of the Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer decided:
Decision II/1. Adjustments and reductions
- To adopt in accordance with the procedure laid down in paragraphs 4 and 9 of Article 2 of the Montreal Protocol the adjustments and reductions of production and consumption of the controlled substances listed in Annex A to the Protocol, as set out in Annex I to the report on the work of the Second Meeting of the Parties;
Decision II/2. Amendment of the Protocol
- To adopt in accordance with the procedure laid down in paragraph 4 of Article 9 of the Vienna Convention for the Protection of the Ozone Layer, the Amendment to the Montreal Protocol as set out in Annex II to the report on the work of the Second Meeting of the Parties;
Decision II/3. Halons
- To establish an ad hoc working group of experts to investigate, and make recommendations to the Fourth Meeting of the Parties in 1992 on, the availability of substitutes for halons, the need to define essential uses of halons, methods of implementation and, if there is such a need, the identification of such uses;
Decision II/4. Isomers
- To clarify the definition of "controlled substance" in paragraph 4 of Article 1 of the Protocol so that it is understood to include the isomers of such substances except as specified in the relevant Annex;
Decision II/5. Non-compliance
- To adopt, on an interim basis, the procedures and institutional mechanisms for determining non-compliance with the provisions of the Protocol and for treatment of Parties found to be in non-compliance, as set out in Annex III to the report on the work of the Second Meeting of the Parties;
- To extend the mandate of the open-ended Ad Hoc Working Group of Legal Experts to elaborate further procedures on non-compliance and terms of reference for the Implementation Committee and to present the results for review by the preparatory meeting to the Fourth Meeting of the Parties with a view to their consideration at the Fourth Meeting;
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Decision II/6. Article 19 (Withdrawal)
- To agree that the phrase "at any time after four years of assuming the obligations" in Article 19 should be understood to mean at any time after four years after a Party's obligation to comply became operative;
Decision II/7. Montreal Protocol Handbook
- To invite the Executive Director to prepare as soon as possible a Montreal Protocol Handbook setting out the Protocol as adjusted, the Protocol as adjusted and amended and the decisions of the Parties that relate to its interpretation and other material relevant to its operation, and to update the Handbook, as necessary, after each meeting of the Parties;
Decision II/8 Financial Mechanism
- To establish for the three-year period from 1 January 1991 to 31 December 1993 or until such time as the Financial Mechanism is established, an Interim Financial Mechanism according to the following:
1. The Interim Financial Mechanism is established 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 the Montreal 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 is attached as Appendix I to this decision.*
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;
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* The appendices to this decision are contained in annex IV of the present report.
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(ii) Facilitate technical co-operation to meet these identified needs;
(iii) Distribute, as provided for in Article 9 of the Protocol, 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; and
(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 President of the Second Meeting of the Parties shall ensure that the Executive Committee establishes, with effect from 1 January 1991, an "Interim Multilateral Fund for the Implementation of the Montreal Protocol" and draws up the financial regulations and rules of the Fund.
6. The Parties hereby 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. It is established for a three-year period. Before the end of that three-year period, the terms of reference of the Executive Committee shall be reviewed by the meeting of the Parties. 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. The terms of reference of the Executive Committee are attached as Appendix II to this decision.*
7. 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 as set out in Appendix III to this decision.* Contributions by other Parties shall be encouraged. Bilateral and, in particular cases
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* The appendices to this decision are contained in annex IV of the present report.
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agreed by a decision of the Parties, regional co-operation may, up to twenty per cent and consistent with any criteria 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 the Protocol;
(b) Provides additional resources; and
(c) Meets agreed incremental costs.
The terms of reference of the Multilateral Fund are attached as Appendix IV to the present decision.*
8. 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.
9. Resources under the Multilateral Fund shall be disbursed with the concurrence of the beneficiary Party.
10. Decisions by the Parties under this decision 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 at least a majority of the Parties operating under paragraph 1 of Article 5 present and voting and at least a majority of the Parties not so operating present and voting.
11. The Financial Mechanism set out in this decision is without prejudice to any future arrangements that may be developed with respect to other environmental issues.
12. References to dollars ($) in the appendices to this decision are to United States dollars.
Decision II/8 A. Budget for the Fund Secretariat
- To adopt the provisional budget for the Fund Secretariat as attached in Annex V of the report on the work of the Second Meeting of the Parties and to request the Executive Committee of the Parties to present to the Third Meeting of the Parties a revised version of the budget in the light of the experience gained during its implementation;
_______________
* The appendices to this decision are contained in annex IV of the present report.
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(c) An analysis of the anticipated impact on the ozone layer of the revised control measures reflecting the changes adopted at the Second Meeting of the Parties taking into account the current level of global participation in the Protocol;
- To instruct the Scientific Assessment Panel to prepare estimated data on the impacts on the ozone layer of engine emissions from high-altitude aircraft, heavy rockets and space shuttles;
- To undertake efforts to encourage broad participation in all assessment panels by experts from developing countries;
Decision II/14. Workplans required by Articles 9 and 10 of the Protocol
- To request the Executive Committee under the Financial Mechanism and the Secretariat to take into account in their work the recommendations on workplans required by Article 9 and Article 10 of the Protocol, as adopted by the third session of the first meeting of the Open-Ended Working Group of the Parties to the Protocol;
Decision II/15. Extension of the mandate of the Open-Ended Working Group of the Parties
- To continue the work of the Open-Ended Working Group of the Parties and to extend its mandate to consider, if necessary and in particular, the following topics:
(a) Further elaboration of any remaining details of the various components of the Financial Mechanism;
(b) Identification of the most appropriate modalities for the transfer of technologies designed for the protection of the ozone layer;
(c) Co-operation with Parties that are developing countries for the implementation of the Protocol; and
(d) Problems arising under the trade provisions of the Protocol, in respect of both trade between Parties and trade with non-Parties including issues related to free-trade zones;
and to make recommendations to the Third Meeting of the Parties;
Decision II/16. Amendment of the Vienna Convention
- To recommend that the Parties to the Vienna Convention for the Protection of the Ozone Layer review, at the earliest opportunity, Article 9 of the Convention with a view to expediting the amendment procedure for protocols;
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Decision II/17. Budget
- To adopt the system of rolling biennial budgets, and to approve a total revised budget of $3,400,000 for 1990, a total revised budget for 1991 of $2,423,000 and a total budget for 1992 of $2,225,000. The details of the approved budgets are presented in Annex VI to the report on the work of the Second Meeting of the Parties;
Decision II/18. Meetings of the Open-Ended Working Group
- To authorize the Secretariat to convene, if necessary, up to six meetings of the Open-Ended Working Group of the Parties prior to the Third Meeting of the Parties and to invite non-Parties to participate in the deliberations of these meetings;
Decision II/19. Rules of procedure for meetings of the Parties
- To amend paragraph 1 of rule 21 of the rules of procedure, adopted at the First Meeting of the Parties, to include the following additional sentences:
"In electing its officers, the Meeting of the Parties shall have due regard to the principle of equitable geographical representation. The offices of President and Rapporteur of the Meeting of the Parties shall normally be subject to rotation among the five groups of States referred to in section I, paragraph 1, of General Assembly resolution 2997 (XXVII) of 15 December 1972, by which the United Nations Environment Programme was established.";
Decision II/20. Third Meeting of the Parties
- To convene the Third Meeting of the Parties from 19 to 21 June 1991 in conjuction with and at the same venue as the second meeting of the Conference of the Parties to the Vienna Convention.
Comments made at the time of adoption of the decisions
Decision II/2
41. Following the adoption of decision II/2, the representative of India said that the original text of the Protocol had contained provisions which discriminated against developing countries: the amended text met many of their concerns. She would therefore recommend it to the Government of India for signature.
42. The representative of China said that useful progress had been made. He would recommend to the Chinese Government that it should ratify the amended text.
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Decision II/8
43. In introducing draft decision II/8, the President drew attention to an earlier statement by the delegation of Ireland, speaking as the President of the Council of Ministers of the Environment of the European Communities, in which it had stated that the European Economic Community, which was a Party to the Montreal Protocol, would not be able to contribute to the Multilateral Fund and that the contributions of all other paying Parties would have to rise by a small percentage in consequence. With that provisio, draft decision II/8 and the scale of contributions as it appears in appendix III to that decision were adopted.
V. CONSTITUTION OF THE COMMITTEES ESTABLISHED BY THE DECISIONS OF THE
SECOND MEETING OF THE PARTIES
A. Executive Committee established by decision II/8
44. Pursuant to paragraphs 2 and 3 of the terms of reference of the Executive Committee laid down in appendix II of decision II/8 (annex IV to the present report), the Meeting endorsed the selection by the groups concerned of following States to serve on the first Executive Committee:
(a) Parties not operating under paragraph 1 of Article 5 of the Protocol: Canada, Federal Republic of Germany, Finland, Japan, Netherlands, United States of America and Union of Soviet Socialist Republics;
(b) Parties operating under paragraph 1 of Article 5 of the Protocol: Brazil, Egypt, Ghana, Jordan, Malaysia, Mexico and Venezuela.
The Meeting further endorsed the selection of Finland to act as Chairman and of Mexico to act as Vice-Chairman for the first year of the Executive Committee.
45. The President pointed out that the selection of nominees had been endorsed on the understanding that, within the three-year mandate of the Executive Committee, members representing either one or the other of the two groups referred to in paragraph 2 of the terms of reference of the Committee could be changed in accordance with the wishes of the group concerned.
46. The representative of Trinidad and Tobago said that small islands and low-lying countries were particularly threatened by changes in the environment. He hoped that in future their interests could be explicitly represented in decision-making bodies.
B. Implementation Committee established by decision II/5
47. Pursuant to paragraph 3 of the non-compliance procedure adopted by its decision II/5, the meeting elected the following Parties to serve on the Implementation Committee established under the non-compliance procedure: Japan, Norway, Trinidad and Tobago, Hungary and Uganda, with the understanding arrived at during the informal consultations that the two last mentioned States were elected for a one-year term.
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C. Ad Hoc Technical Advisory Committee on Destruction Technologies
48. Pursuant to the first paragraph of decision II/11, the Meeting appointed Canada as Chairman of the Ad Hoc Technical Advisory Committee on Destruction Technologies.
VI. DECLARATIONS AND RESOLUTIONS
A. Declarations
49. The representative of New Zealand drew attention to the following declaration by Australia, Austria, Belgium, Canada, Denmark, Finland, Federal Republic of Germany, Liechtenstein, Netherlands, New Zealand, Norway, Sweden and Switzerland:
"THE HEADS OF DELEGATIONS OF THE ABOVE GOVERNMENTS REPRESENTED AT THE SECOND MEETING OF THE PARTIES TO THE MONTREAL PROTOCOL,
"CONCERNED of the recent scientific findings on severe depletion of ozone layer of both Southern and Northern Hemispheres,
"MINDFUL that all CFCs are also powerful greenhouse gases leading to global warming,
"CONVINCED of the availability of more environmentally suitable alternative substances or technologies, and
"CONVINCED of the need to further tighten control measures of CFCs beyond the Protocol adjustments agreed by the Parties to the Montreal Protocol,
"DECLARE
"Their firm determination to take all appropriate measures to phase-out the production and consumption of all fully halogenated chlorofluorocarbons controlled by the Montreal Protocol, as adjusted and amended, as soon as possible but not later than 1997."
50. The representative of the Commission of the European Communities said that the Commission wished to associate itself with the above declaration. It had reluctantly accepted a programme of reductions for CFCs which did not give the degree of protection for the ozone layer that the Community considered necessary. The latest scientific evidence in ozone depletion over high northern and southern latitudes, as well as the increasing preoccupation with the green-house properties of CFCs, required that the Parties reconsidered its decision; that review should take place within the context of the review foreseen for 1992 with a view to the complete elimination of CFCs at the earliest possible date.
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B. Resolution by the Governments and the European Communities
represented at the Second Meeting of the Parties
51. The Governments and the European Communities represented at the Meeting adopted an amended version (UNEP/OzL.Pro.2/L.2/Rev.1) of the draft resolution submitted for the consideration of the Meeting by the Open-Ended Working Group. The text of the resolution as adopted appears in annex VII to the present report.
VII. OTHER MATTERS
52. There were no other matters.
VIII. ADOPTION OF THE REPORT
53. The Meeting adopted the present report, on the basis of the draft report contained in document UNEP/OzL.Pro.2/L.7, at its closing session, on 29 June 1990.
IX. CLOSURE OF THE MEETING
54. After the customary exchange of courtesies, the President declared the meeting closed at 9.30 p.m. on Friday, 29 June 1990.
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Annex I
ADJUSTMENTS TO THE MONTREAL PROTOCOL ON SUBSTANCES
THAT DEPLETE THE OZONE LAYER
The Second Meeting of the Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer decides, on the basis of assessments made pursuant to Article 6 of the Protocol, to adopt adjustments and reductions of production and consumption of the controlled substances in Annex A to the Protocol, as follows, with the understanding that:
(a) References in Article 2 to "this Article" and throughout the Protocol to "Article 2" shall be interpreted as references to Articles 2, 2A and 2B;
(b) References throughout the Protocol to "paragraphs 1 to 4 of Article 2" shall be interpreted as references to Articles 2A and 2B; and
(c) The reference in paragraph 5 of Article 2 to "paragraphs 1, 3 and 4" shall be interpreted as a reference to Article 2A.
A. Article 2A: CFCs
Paragraph 1 of Article 2 of the Protocol shall become paragraph 1 of Article 2A, which shall be entitled "Article 2A: CFCs". Paragraphs 3 and 4 of Article 2 shall be replaced by the following paragraphs, which shall be numbered paragraphs 2 to 6 of Article 2A:
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 1995, and in each twelve-month period thereafter, its calculated level of consumption of the controlled substances in Group I of Annex A does not exceed, annually, fifty 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, fifty 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.
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4. Each Party shall ensure that for the twelve-month period commencing on 1 January 1997, and in each twelve-month period thereafter, its calculated level of consumption of the controlled substances in Group I of Annex A does not exceed, annually, fifteen 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, fifteen 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.
5. Each Party shall ensure that for the twelve-month period commencing on 1 January 2000, and in each twelve-month period thereafter, its calculated level of consumption of the controlled substances in Group I of Annex A does not exceed zero. Each Party producing one or more of these substances shall, for the same periods, ensure that its calculated level of production of the substances does not exceed zero. However, in order to satisfy the basic domestic needs of the Parties operating under paragraph 1 of Article 5, its calculated level of production may exceed that limit by up to fifteen per cent of its calculated level of production in 1986.
6. In 1992, the Parties will review the situation with the objective of accelerating the reduction schedule.
B. Article 2B: Halons
Paragraph 2 of Article 2 of the Protocol shall be replaced by the following paragraphs, which shall be numbered paragraphs 1 to 4 of Article 2B:
Article 2B: Halons
1. Each Party shall ensure that for the twelve-month period commencing on 1 January 1992, and in each twelve-month period thereafter, its calculated level of consumption of the controlled substances in Group II of Annex A does not exceed, annually, its calculated level of consumption in 1986. Each Party producing one or more of these substances shall, for the same periods, ensure that its calculated level of production of the substances does not exceed, annually, its calculated level of production in 1986. However, in order to satisfy the basic domestic needs of the Parties operating under paragraph 1 of Article 5, its calculated level of production may exceed that limit by up to ten per cent of its calculated level of production in 1986.
2. Each Party shall ensure that for the twelve-month period commencing on 1 January 1995, and in each twelve-month period thereafter, its calculated level of consumption of the controlled substances in Group II of Annex A does not exceed, annually, fifty per cent of its calculated level of consumption in 1986. Each Party
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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, fifty 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. This paragraph will apply save to the extent that the Parties decide to permit the level of production or consumption that is necessary to satisfy essential uses for which no adequate alternatives are available.
3. Each Party shall ensure that for the twelve-month period commencing on 1 January 2000, and in each twelve-month period thereafter, its calculated level of consumption of the controlled substances in Group II of Annex A does not exceed zero. Each Party producing one or more of these substances shall, for the same periods, ensure that its calculated level of production of the substances does not exceed zero. However, in order to satisfy the basic domestic needs of the Parties operating under paragraph 1 of Article 5, its calculated level of production may exceed that limit by up to fifteen per cent of its calculated level of production in 1986. This paragraph will apply save to the extent that the Parties decide to permit the level of production or consumption that is necessary to satisfy essential uses for which no adequate alternatives are available.
4. By 1 January 1993, the Parties shall adopt a decision identifying essential uses, if any, for the purposes of paragraphs 2 and 3 of this Article. Such decision shall be reviewed by the Parties at their subsequent meetings.
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Annex II
AMENDMENT TO THE MONTREAL PROTOCOL ON SUBSTANCES
THAT DEPLETE THE OZONE LAYER
ARTICLE 1: AMENDMENT
A. Preambular paragraphs
1. The 6th preambular paragraph of the Protocol shall be replaced by the following:
Determined to protect the ozone layer by taking precautionary measures to control equitably total global emissions of substances that deplete it, with the ultimate objective of their elimination on the basis of developments in scientific knowledge, taking into account technical and economic considerations and bearing in mind the developmental needs of developing countries,
2. The 7th preambular paragraph of the Protocol shall be replaced by the following:
Acknowledging that special provision is required to meet the needs of developing countries, including the provision of additional financial resources and access to relevant technologies, bearing in mind that the magnitude of funds necessary is predictable, and the funds can be expected to make a substantial difference in the world's ability to address the scientifically established problem of ozone depletion and its harmful effects,
3. The 9th preambular paragraph of the Protocol shall be replaced by the following:
Considering the importance of promoting international co-operation in the research, development and transfer of alternative technologies relating to the control and reduction of emissions of substances that deplete the ozone layer, bearing in mind in particular the needs of developing countries,
B. Article 1: Definitions
1. Paragraph 4 of Article 1 of the Protocol shall be replaced by the following paragraph:
4. "Controlled substance" means a substance in Annex A or in Annex B to this Protocol, whether existing alone or in a mixture. It includes the isomers of any such substance, except as specified in the relevant Annex, but excludes any controlled substance or mixture which is in a manufactured product other than a container used for the transportation or storage of that substance.
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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
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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.
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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.
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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.
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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.
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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.
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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.
/...
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UNEP/OzL.Pro.2/3
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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.
/...
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Annex VI
I. REVISED BUDGET UNDER THE MONTREAL PROTOCOL FOR THE YEAR 1990
(United States dollars)
Budget as Increase Total
adopted in
Helsinki
1100 Project personnel (to be shared between the
Convention and the
Protocol)
1101 Co-ordinator (Lawyer) (P-4/P-5) 40 000 - 40 000
1102 Programme officer (Scientist) (P-3/P-4) 34 000 - 34 000
1103 Administrative officer (P-2) 23 000 - 23 000
SUBTOTAL 97 000 - 97 000
1200 Consultants 1/
1201 Consultants 30 000 240 000 270 000
SUBTOTAL 30 000 240 000 270 000
1300 Administrative support
1301 Administrative assistant
(to be shared with the Convention) 6 500 - 6 500
1302 Secretary 12 000 12 000
Conference-servicing costs
1321 Second Meeting of the Parties
to the Protocol 173 000 - 173 000
1322 Regional workshops (3) - 620 000 620 000
1323 Working Group meetings (6) 2/ 135 000 615 000 750 000
1324 Meetings of the Bureau 35 000 35 000 70 000
SUBTOTAL 361 500 1 270 000 1 631 500
/...
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Page 57
Budget as Increase Total
adopted in
Helsinki
1600 Travel on official business
1600 Travel and subsistence costs of
UNEP staff members 60 000 30 000 90 000
SUBTOTAL 60 000 30 000 90 000
3300 Meeting/conferences
Travel and subsistence cost of experts
from developing countries to participate
in the:
3301 Second Meeting of the Parties (1990) 35 000 165 000 200 000
3302 Regional workshops - 70 000 70 000
3303 Working group meetings (6) 105 000 240 000 345 000
3304 Travel and daily subsistence allowance
of participants of the Bureau 35 000 - 35 000
SUBTOTAL 175 000 475 000 650 000
4000 Equipment 20 000 - 20 000
SUBTOTAL 20 000 20 000
/...
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UNEP/OzL.Pro.2/3
Annex VI
Page 58
Budget as Increase Total
adopted in
Helsinki
5000 Miscellaneous
5100 Maintenance of equipment 3 000 - 3 000
5200 Reporting costs 3/ 5 000 172 000 177 000
SUBTOTAL 8 000 172 000 180 000
5300 Sundry
5301 Communications 10 000 10 000 20 000
5302 Freight charges (shipment of
documents) 7 000 8 000 15 000
5303 Other 5 000 5 000 10 000
5400 Hospitality 10 000 15 000 25 000
SUBTOTAL 32 000 38 000 70 000
TOTAL 783 500 2 225 000 3 008 500
Programme support costs (13%) 100 000 291 500 391 500
GRAND TOTAL 883 500 2 516 500 3 400 000
1/ Consultants for preparing a data base on the controlled substances,
studies on financial mechanisms, country studies and preparations for the
Second Meeting of the Parties.
2/ Based on the experience in 1989, the total conference-servicing
costs of a Working Group meeting of 4-5 days are estimated at approximately
$20,000 per working language and approximately $5,000 for secretarial
support. Thus, a Working Group meeting using three working languages would
cost approximately $65,000. The cost will vary depending on the level of
daily subsistence allowance applicable at the venue of the meeting. For the
purpose of this budget, Geneva has been taken as the venue.
3/ Including translation, reproduction and dissemination of the
executive summaries of the assessment panel reports, the synthesis report, the
report of the Technology Review Panel and the five technical options reports.
/...
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UNEP/OzL.Pro.2/3
Annex VI
Page 59
II. TRUST FUND FOR THE MONTREAL PROTOCOL ON SUBSTANCES
THAT DEPLETE THE OZONE LAYER
Contribution to the costs of Ozone Secretariat for 1990 (expressed in US dollars)
A B C D E F G
Trust Fund Additional Percentage Adjusted Total Paid for Balance
pledges funds of total additional adjusted 1990 to be paid
for 1990 a/ requested b/ costs c/ pledge for pledges (as at
(US $) (US $) ( % ) 1990 (A + B + D) 15 June 1990)
($133,656 (US $) (US $) (E - F)
x C) (US $)
Party
Australia 16 108 39 721 1.70 2 272 58 101 0 58 101
Austria 7 592 18 722 0.80 1 071 27 385 0 27 385
Bahrain 0 0 0.00 0 0 0 0
Belgium 12 000 29 920 1.27 1 693 43 613 0 43 613
Brazil 11 158 27 514 1.57 2 099 40 771 0 40 771
Burkina Faso 0 0 0.00 0 0 0 0
Byelorussian SSR 3 385 8 360 0.36 478 12 223 0 12 223
Cameroon 0 0 0.00 0 0 0 0
Canada 31 694 78 980 3.35 4 472 115 146 31 694 83 452
Chile 0 0 0.00 0 0 0 0
Denmark 7 077 17 600 0.75 999 25 676 7 077 d/ 18 599
Ecuador 0 0 0.00 0 0 0 0
Egypt 0 0 0.00 0 0 0 0
Fiji 0 0 0.00 0 0 0 0
Finland 5 231 12 980 0.55 738 18 949 18 211 738
France 64 105 159 720 5.77 9 046 232 871 0 232 871
German Democratic
Republic 14 257 35 420 1.39 1 853 51 530 14 257 37 273
Germany, Federal
Republic of 82 875 206 360 8.75 11 695 300 930 82 875 218 055
Ghana 0 0 0.00 0 0 0 0
Greece 4 103 10 120 0.43 579 14 802 0 14 802
Guatemala 0 0 0.00 0 0 0 0
Hungary 2 154 5 280 0.23 304 7 738 7 434 304
/...
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A B C D E F G
Trust Fund Additional Percentage Adjusted Total Paid for Balance
pledges funds of total additional adjusted 1990 to be paid
for 1990 a/ requested b/ costs c/ pledge for pledges (as at
(US $) (US $) ( % ) 1990 (A + B + D) 15 June 1990)
($133,656 (US $) (US $) (E - F)
x C) (US $)
Party
Iceland 0 0 0.00 0 0 0 0
Ireland 1 846 4 620 0.19 261 6 727 6 466 261
Italy 40 925 101 860 4.32 5 755 148 560 0 148 560
Japan 116 722 290 620 12.32 16 471 423 813 0 423 813
Jordan 0 0 0.00 0 0 0 0
Kenya 0 0 0.00 0 0 0 0
Liechtenstein 0 0 0.00 0 0 0 0
Luxembourg 0 0 0.00 0 0 0 0
Malaysia 1 129 2 783 0.12 159 4 071 0 4 071
Maldives 0 0 0.00 0 0 1 500 (1 500)
Malta 0 0 0.00 0 0 0 0
Mexico 9 641 23 980 1.02 1 361 34 982 0 34 982
Netherlands 16 924 42 240 1.79 2 388 61 552 0 61 552
New Zealand 2 462 6 160 0.26 347 8 969 8 622 347
Nigeria 2 051 5 060 0.22 289 7 400 0 7 400
Norway 5 641 17 124 0.60 796 23 561 19 721 e/ 3 840
Panama 0 0 0.00 0 0 0 0
Portugal 1 846 4 620 0.19 261 6 727 0 6 727
Singapore 1 128 2 860 0.12 159 4 147 1 128 3 019
South Africa 4 617 11 385 0.49 651 16 653 0 16 653
Spain 20 001 49 720 2.11 2 822 72 543 0 72 543
Sri Lanka 0 0 0.00 0 0 0 0
Sweden 12 411 60 000 1.31 1 751 74 162 25 911 48 251
Switzerland 11 077 27 500 1.17 1 563 40 140 27 500 12 640
Syrian Arab Republic 0 0 0.00 0 0 0 0
Thailand 1 026 2 530 0.11 145 3 701 0 3 701
Trinidad and Tobago 0 0 0.00 0 0 0 0
Tunisia 0 0 0.00 0 0 0 0
/...
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UNEP/OzL.Pro.2/3
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A B C D E F G
Trust Fund Additional Percentage Adjusted Total Paid for Balance
pledges funds of total additional adjusted 1990 to be paid
for 1990 a/ requested b/ costs c/ pledge for pledges (as at
(US $) (US $) ( % ) 1990 (A + B + D) 15 June 1990)
($133,656 (US $) (US $) (E - F)
x C) (US $)
Party
Uganda 0 0 0.00 0 0 0 0
Ukrainian SSR 12 821 31 900 1.35 1 809 46 530 0 46 530
USSR 102 465 255 200 10.82 14 459 372 124 0 372 124
United Arab Emirates 1 949 4 807 0.21 275 7 031 0 7 031
United Kingdom 49 848 124 080 5.26 7 034 180 962 49 848 131 114
USA 220 875 550 000 25.00 33 414 804 289 70 750 733 539
Venezuela 5 846 14 520 0.62 825 21 191 0 21 191
Zambia 0 0 0.00 0 0 0 0
EEC 22 088 55 000 2.50 3 341 80 429 22 088 58 341
TOTAL 927 078 2 339 266 100.00 133 656 3 400 000 395 082 3 004 918
a/ Level of contributions calculated on the basis of the scale of assessments agreed by the First Meeting of the Contracting
Parties in May 1989, Helsinki.
b/ The additional funds requested by the Open-Ended Working Group at the third session of its first meeting,
18-22 September, 1989.
c/ Calculated on the basis of the United Nations scale of assessments, as agreed by the First Meeting of the Parties.
d/ $100,000 paid for support to participants from developing countries and studies on technology options in low income
developing countries is removed from the table, as it is considered as special additional contribution.
e/ $3,044 paid for support to participants from developing countries is removed from the table, as it is considered as special
additional contribution.
/...
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Page 62
III. BUDGET FOR THE SECRETARIAT CORE COSTS UNDER THE MONTREAL
PROTOCOL FOR 1991 AND 1992
(United States dollars)
1991 1992 Total
1100 Project personnel
1101 Secretary (Co-ordinator) (D-1) 90 000 92 000 182 000
1102 Deputy Secretary (Lawyer) (P-4/P-5)
(shared with the
Vienna Convention) 40 000 41 000 81 000
1103 Programme officer (Lawyer) (P-3) 70 000 72 000 142 000
1104 Programme officer (Chemist/
environmental scientist) (shared
with the Vienna Convention) (P-3) 35 000 36 000 71 000
1105 Administrative officer (shared
with the Vienna Convention) (P-2) 25 000 26 000 51 000
SUBTOTAL 260 000 267 000 527 000
1200 Consultants
1201 Data reporting 30 000 30 000 60 000
1202 Preparations for the Meeting
of the Parties 10 000 10 000 20 000
1203 Dissemination of information 10 000 10 000 20 000
SUBTOTAL 50 000 50 000 100 000
1300 Administrative support
1301 Administrative assistant
(shared with the Vienna
Convention) 7 000 7 000 14 000
1302 Senior secretary 14 000 14 000 28 000
1303 Secretary 1/ 12 000 6 000 18 000
1304 Secretary 1/ 12 000 6 000 18 000
/...
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UNEP/OzL.Pro.2/3
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Page 63
1991 1992 Total
1320 Conference-servicing costs (interpreters,
translators, typists, etc)
1321 Third Meeting of the Parties
to the Montreal Protocol 175 000 - 175 000
1322 Fourth Meeting of the Parties
to the Montreal Protocol - 175 000 175 000
1323 Working Group meetings (6) 480 000 240 000 720 000
1324 Meeting of the Bureau of the
Montreal Protocol (4) 70 000 70 000 140 000
1325 Informal consultations (4) 10 000 10 000 20 000
1326 Meeting of the assessment
panels 10 000 50 000 60 000
1327 Meetings of committees
established by the Parties 2/ 100 000 145 000 245 000
SUBTOTAL 890 000 723 000 1 613 000
1600 Travel on official business
1601 Travel and subsistence costs of
Secretariat staff members 100 000 100 000 200 000
1602 Travel and subsistence costs of
UNEP conference-servicing staff 40 000 20 000 60 000
SUBTOTAL 140 000 120 000 260 000
3300 Meetings/conferences
3301 Travel and subsistence costs of
participants in the Working
Group meetings
(15 participants from developing
countries per meeting, $3,500
per participant) 210 000 105 000 315 000
3302 Travel and subsistence costs of
participants in the Meetings
of the Parties (30 participants
from developing countries) 100 000 100 000 200 000
3303 Travel and subsistence costs of
participants from developing
countries in the meetings of the
Bureau 35 000 35 000 70 000
/...