Adjustments to the Montreal Protocol on Substances that Deplete the Ozone Layer of 16 September 1987, to the Vienna Convention for the Protection of the Ozone Layer of 22 March 1985, Montreal, 1997
Done at Montreal 15 to 17 September 1997
Entered into force 5 June 1998 (not in force for the United States)
Depositary: Secretary-General of the United Nations
Primary source citation: Copy of text provided by the U.S. Department of State
MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE LAYER CONCLUDED AT MONTREAL ON 16 SEPTEMBER 1987
ADOPTION OF ADJUSTMENTS AND AMENDMENT
BY THE NINTH MEETING OF THE PARTIES HELD AT MONTREAL,
ON 15-17 SEPTEMBER 1997
The Secretary-General of the United Nations, acting in his capacity as depositary, communicates the following:
I
At the Ninth Meeting of the Parties to the above Protocol, held in Montreal from 15 to 17 September 1997, the Parties adopted the Adjustments to the Protocol (Decisions IX/1, IX/2 and IX/3), pursuant to article 2 (9) of the Protocol.
The text of the Adjustments is transmitted herewith in the six languages of their conclusion, as Annexes I, II and III to this notification.
The Adjustments will enter into force on the expiry of six months from the date of the present notification issued pursuant to article 2 (9) of the Protocol.
II
Also, at their Ninth Meeting, the Parties further adopted, in accordance with the procedure laid down in article 9 (4) of the 1985 Vienna Convention for the Protection of the Ozone Layer, the Amendment to the Montreal Protocol as set out in Annex IV to the report of the Ninth Meeting of the Parties (Decision IX/4).
The text of the above Amendment, in the six official languages of its conclusion, is attached as Annex IV to this notification.
In accordance with its article 3 (1), this Amendment shall enter into force on 1 January 1999, provided that at least twenty instruments of ratification, acceptance or approval of the Amendment have been deposited by States or regional economic integration organizations that are Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer. In the event that this condition has not been fulfilled by that date, the Amendment shall enter into force on the ninetieth day following the date on which it has been fulfilled.
After its entry into force, the Amendment, in accordance with its article 3 (3), shall enter into force for any other Party to the Protocol on the ninetieth day following the date of deposit of the instrument of ratification, acceptance or approval.
5 December 1997
Decision IX/1. Further adjustments with regard to Annex A substances
To adopt, in accordance with the procedure laid down in paragraph 9 of Article 2 of the Montreal Protocol and on the basis of the assessments made pursuant to Article 6 of the Protocol, the adjustments with regard to production of the controlled substances listed in Annex A to the Protocol, as set out in annex I to the report of the Ninth Meeting of the Parties;
Decision IX/2. Further adjustments with regard to Annex B substances
To adopt, in accordance with the procedure laid down in paragraph 9 of Article 2 of the Montreal Protocol and on the basis of the assessments made pursuant to Article 6 of the Protocol, the adjustments with regard to production of the controlled substances listed in Annex B to the Protocol, as set out in annex II to the report of the Ninth Meeting of the Parties;
Decision IX/3. Further adjustments and reductions with regard to the Annex E substance
To adopt, in accordance with the procedure laid down in paragraph 9 of Article 2 of the Montreal Protocol and on the basis of the assessments made pursuant to Article 6 of the Protocol, the adjustments and reductions of production and consumption of the controlled substance listed in Annex E to the Protocol, as set out in annex III to the report of the Ninth Meeting of the Parties;
Decision IX/4. Further 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 IV to the report of the Ninth Meeting of the Parties;
Annex I
ADJUSTMENTS AGREED AT THE NINTH MEETING OF THE PARTIES
RELATING TO CONTROLLED SUBSTANCES IN ANNEX A
Article 5, paragraph 3
The following words shall be added at the end of paragraph 3 (a) of Article 5 of the Protocol:
relating to consumption
The following subparagraph shall be added to paragraph 3 of Article 5 of the Protocol:
(c) For controlled substances under Annex A, either the average of its annual calculated level of production for the period 1995 to 1997 inclusive or a calculated level of production of 0.3 kilograms per capita, whichever is the lower, as the basis for determining its compliance with the control measures relating to production.
Annex II
ADJUSTMENTS AGREED AT THE NINTH MEETING OF THE PARTIES
RELATING TO CONTROLLED SUBSTANCES IN ANNEX B
Article 5, paragraph 3
The following words shall be added at the end of paragraph 3 (b) of Article 5 of the Protocol:
relating to consumption
The following subparagraph shall be added to paragraph 3 of Article 5 of the Protocol:
(d) For controlled substances under Annex B, either the average of its annual calculated level of production for the period 1998 to 2000 inclusive or a calculated level of production of 0.2 kilograms per capita, whichever is the lower, as the basis for determining its compliance with the control measures relating to production.
Annex III
ADJUSTMENTS AGREED AT THE NINTH MEETING OF THE PARTIES
RELATING TO THE CONTROLLED SUBSTANCE IN ANNEX E
A. Article 2H: Methyl bromide
1. Paragraphs 2 to 4 of Article 2H of the Protocol shall be replaced by the following paragraphs:
2. Each Party shall ensure that for the twelve-month period commencing on 1 January 1999, and in the twelve-month period thereafter, its calculated level of consumption of the controlled substance in Annex E does not exceed, annually, seventy-five per cent of its calculated level of consumption in 1991. Each Party producing the substance shall, for the same periods, ensure that its calculated level of production of the substance does not exceed, annually, seventy-five per cent of its calculated level of production in 1991. However, in order to satisfy the basic domestic needs of the Parties operating under paragraph 1 of Article 5, its calculated level of production may exceed that limit by up to ten per cent of its calculated level of production in 1991.
3. Each Party shall ensure that for the twelve-month period commencing on 1 January 2001, and in the twelve-month period thereafter, its calculated level of consumption of the controlled substance in Annex E does not exceed, annually, fifty per cent of its calculated level of consumption in 1991. Each Party producing the substance shall, for the same periods, ensure that its calculated level of production of the substance does not exceed, annually, fifty per cent of its calculated level of production in 1991. However, in order to satisfy the basic domestic needs of the Parties operating under paragraph 1 of Article 5, its calculated level of production may exceed that limit by up to ten per cent of its calculated level of production in 1991.
4. Each Party shall ensure that for the twelve-month period commencing on 1 January 2003, and in the twelve-month period thereafter, its calculated level of consumption of the controlled substance in Annex E does not exceed, annually, thirty per cent of its calculated level of consumption in 1991. Each Party producing the substance shall, for the same periods, ensure that its calculated level of production of the substance does not exceed, annually, thirty per cent of its calculated level of production in 1991. However, in order to satisfy the basic domestic needs of the Parties operating under paragraph 1 of Article 5, its calculated level of production may exceed that limit by up to ten per cent of its calculated level of production in 1991.
5. Each Party shall ensure that for the twelve-month period commencing on 1 January 2005, and in each twelve-month period thereafter, its calculated level of consumption of the controlled substance in Annex E does not exceed zero. Each Party producing the Substance shall, for the same periods, ensure that its calculated level of production of the substance does not exceed zero. However, in order to satisfy the basic domestic needs of the Parties operating under paragraph 1 of Article 5, its calculated level of production may exceed that limit by up to fifteen per cent of its calculated level of production in 1991. This paragraph will apply save to the extent that the Parties decide to permit the level of production or consumption that is necessary to satisfy uses agreed by them to be critical uses.
2. Paragraph 5 of Article 2H of the Protocol shall become paragraph 6.
B. Article 5, paragraph 8 ter (d)
1. The following shall be inserted after paragraph 8 ter (d) (i) of Article 5 of the Protocol:
(ii) Each Party operating under paragraph 1 of this Article shall ensure that for the twelve-month period commencing on 1 January 2005, and in each twelve-month period thereafter, its calculated levels of consumption and production of the controlled substance in Annex E do not exceed, annually, eighty per cent of the average of its annual calculated levels of consumption and production, respectively, for the period of 1995 to 1998 inclusive;
(iii) Each Party operating under paragraph 1 of this Article shall ensure that for the twelve-month period commencing on 1 January 2015 and in each twelve-month period thereafter, its calculated levels of consumption and production of the controlled substance in Annex E do not exceed zero. This paragraph will apply save to the extent that the Parties decide to permit the level of production or consumption that is necessary to satisfy uses agreed by them to be critical uses;
2. Paragraph 8 ter (d) (ii) of Article 5 of the Protocol shall become paragraph 8 ter (d) (iv).