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Protocol on Substances that Deplete the Ozone Layer
(Montreal, 16 September 1987)

The Parties to this Protocol,

Being Parties to the Vienna Convention for the 
Protection of the Ozone Layer,

Mindful of their obligation under that Convention to 
take appropriate measures to protect human health and 
the environment against adverse effects resulting or 
likely to result from human activities which modify or 
are likely to modify the ozone layer, Recognizing that 
world-wide emissions of certain substances can 
significantly deplete and otherwise modify the ozone 
layer in a manner that is likely to result in adverse 
effects on human health and the environment,

Conscious of the potential climatic effects of emissions 
of these substances,

Aware that measures taken to protect the ozone layer 
from depletion should be based on relevant scientific 
knowledge, taking into account technical and economic 
considerations,

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,

Acknowledging that special provision is required to meet 
the needs of developing countries for these substances,

Noting the precautionary measures for controlling 
emissions of certain chlorofluorocarbons that have 
already been taken at national and regional levels,

Considering the importance of promoting international 
co-operation in the research and development of science 
and technology 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,

Have agreed as follows:

Article 1
Definitions

For the purposes of this Protocol:

1. "Convention" means the Vienna Convention for the 
Protection of the Ozone Layer, adopted on 22 March 1985.

2. "Parties" means, unless the text otherwise indicates, 
Parties to this Protocol.

3. "Secretariat" means the secretariat of the 
Convention.

4. "Controlled substance" means a substance listed in 
Annex A to this Protocol, whether existing alone or in a 
mixture. It excludes, however, any such substance or 
mixture which is in a manufactured product other than a 
container used for the transportation or storage of the 
substance listed.

5. "Production" means the amount of controlled 
substances produced minus the amount destroyed by 
technologies to be approved by the Parties.

6. "Cons





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Environmental Treaties and Resource Indicators (ENTRI) -- Full Text




Summary of the "Montreal Protocol on Substances that Deplete the Ozone Layer" is available from the UNEP Register of International Treaties and Other Agreements in the Field of the Environment.




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Protocol on Substances that Deplete the Ozone Layer
(Montreal, 16 September 1987)

The Parties to this Protocol,

Being Parties to the Vienna Convention for the 
Protection of the Ozone Layer,

Mindful of their obligation under that Convention to 
take appropriate measures to protect human health and 
the environment against adverse effects resulting or 
likely to result from human activities which modify or 
are likely to modify the ozone layer, Recognizing that 
world-wide emissions of certain substances can 
significantly deplete and otherwise modify the ozone 
layer in a manner that is likely to result in adverse 
effects on human health and the environment,

Conscious of the potential climatic effects of emissions 
of these substances,

Aware that measures taken to protect the ozone layer 
from depletion should be based on relevant scientific 
knowledge, taking into account technical and economic 
considerations,

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,

Acknowledging that special provision is required to meet 
the needs of developing countries for these substances,

Noting the precautionary measures for controlling 
emissions of certain chlorofluorocarbons that have 
already been taken at national and regional levels,

Considering the importance of promoting international 
co-operation in the research and development of science 
and technology 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,

Have agreed as follows:

Article 1
Definitions

For the purposes of this Protocol:

1. "Convention" means the Vienna Convention for the 
Protection of the Ozone Layer, adopted on 22 March 1985.

2. "Parties" means, unless the text otherwise indicates, 
Parties to this Protocol.

3. "Secretariat" means the secretariat of the 
Convention.

4. "Controlled substance" means a substance listed in 
Annex A to this Protocol, whether existing alone or in a 
mixture. It excludes, however, any such substance or 
mixture which is in a manufactured product other than a 
container used for the transportation or storage of the 
substance listed.

5. "Production" means the amount of controlled 
substances produced minus the amount destroyed by 
technologies to be approved by the Parties.

6. "Consumption" means production plus imports minus 
exports of controlled substances.

7. "Calculated levels" of production, imports, exports 
and consumption means levels determined in accordance 
with Article 3. 

8. "Industrial rationalization" means the transfer of 
all or a portion of the calculated level of production 
of one Party to another, for the purpose of achieving 
economic efficiencies or responding to anticipated 
shortfalls in supply as a result of plant closures.

Article 2
Control Measures

1. Each Party shall ensure that for the twelve-month 
period commencing on the first day of the seventh month 
following the date of the entry into force of this 
Protocol, and in each twelve-month period thereafter, 
its calculated level of consumption of the controlled 
substances in Group I of Annex A does not exceed its 
calculated level of consumption in 1986. By the end of 
the same period, each Party producing one or more of 
these substances shall ensure that its calculated level 
of production of the substances does not exceed its 
calculated level of production in 1986, except that such 
level may have increased by no more than ten per cent 
based on the 1986 level. Such increase shall be 
permitted only so as to satisfy the basic domestic needs 
of the Parties operating under Article 5 and for the 
purposes of industrial rationalization between Parties.

2. Each Party shall ensure that for the twelve-month 
period commencing on the first day of the thirty-seventh 
month following the date of the entry into force of this 
Protocol, and in each twelve-month period thereafter, 
its calculated level of consumption of the controlled 
substances listed in Group II of Annex A does not exceed 
its calculated level of consumption in 1986. Each Party 
producing one or more of these substances shall ensure 
that its calculated level of production of the 
substances does not exceed its calculated level of 
production in 1986, except that such level may have 
increased by no more than ten per cent based on the 1986 
level. Such increase shall be permitted only so as to 
satisfy the basic domestic needs of the Parties 
operating under Article 5 and for the purposes of 
industrial rationalization between Parties. The 
mechanisms for implementing these measures shall be 
decided by the Parties at their first meeting following 
the first scientific review.

3. Each Party shall ensure that for the period 1 July 
1993 to 30 June 1994 and in each twelve-month period 
thereafter, its calculated level of consumption of the 
controlled substances in Group I of Annex A does not 
exceed, annually, eighty 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, eighty per cent of 
its calculated level of production in 1986. However, in 
order to satisfy the basic domestic needs of the Parties 
operating under Article 5 and for the purposes of 
industrial rationalization between Parties, its 
calculated level of production may exceed that limit by 
up to ten per cent of its calculated level of production 
in 1986.

4. Each Party shall ensure that for the period 1 July 
1998 to 30 June 1999, 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 Article 5 and for the purposes of 
industrial rationalization between Parties, 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 app





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Environmental Treaties and Resource Indicators (ENTRI) -- Full Text




Summary of the "Montreal Protocol on Substances that Deplete the Ozone Layer" is available from the UNEP Register of International Treaties and Other Agreements in the Field of the Environment.




See the ENTRI query system for information about the status of this treaty.


See the ENTRI thematic guide for more information about the relationships between environmental treaties, national resource indicators, and remotely sensed data.



Protocol on Substances that Deplete the Ozone Layer
(Montreal, 16 September 1987)

The Parties to this Protocol,

Being Parties to the Vienna Convention for the 
Protection of the Ozone Layer,

Mindful of their obligation under that Convention to 
take appropriate measures to protect human health and 
the environment against adverse effects resulting or 
likely to result from human activities which modify or 
are likely to modify the ozone layer, Recognizing that 
world-wide emissions of certain substances can 
significantly deplete and otherwise modify the ozone 
layer in a manner that is likely to result in adverse 
effects on human health and the environment,

Conscious of the potential climatic effects of emissions 
of these substances,

Aware that measures taken to protect the ozone layer 
from depletion should be based on relevant scientific 
knowledge, taking into account technical and economic 
considerations,

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,

Acknowledging that special provision is required to meet 
the needs of developing countries for these substances,

Noting the precautionary measures for controlling 
emissions of certain chlorofluorocarbons that have 
already been taken at national and regional levels,

Considering the importance of promoting international 
co-operation in the research and development of science 
and technology 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,

Have agreed as follows:

Article 1
Definitions

For the purposes of this Protocol:

1. "Convention" means the Vienna Convention for the 
Protection of the Ozone Layer, adopted on 22 March 1985.

2. "Parties" means, unless the text otherwise indicates, 
Parties to this Protocol.

3. "Secretariat" means the secretariat of the 
Convention.

4. "Controlled substance" means a substance listed in 
Annex A to this Protocol, whether existing alone or in a 
mixture. It excludes, however, any such substance or 
mixture which is in a manufactured product other than a 
container used for the transportation or storage of the 
substance listed.

5. "Production" means the amount of controlled 
substances produced minus the amount destroyed by 
technologies to be approved by the Parties.

6. "Consumption" means production plus imports minus 
exports of controlled substances.

7. "Calculated levels" of production, imports, exports 
and consumption means levels determined in accordance 
with Article 3. 

8. "Industrial rationalization" means the transfer of 
all or a portion of the calculated level of production 
of one Party to another, for the purpose of achieving 
economic efficiencies or responding to anticipated 
shortfalls in supply as a result of plant closures.

Article 2
Control Measures

1. Each Party shall ensure that for the twelve-month 
period commencing on the first day of the seventh month 
following the date of the entry into force of this 
Protocol, and in each twelve-month period thereafter, 
its calculated level of consumption of the controlled 
substances in Group I of Annex A does not exceed its 
calculated level of consumption in 1986. By the end of 
the same period, each Party producing one or more of 
these substances shall ensure that its calculated level 
of production of the substances does not exceed its 
calculated level of production in 1986, except that such 
level may have increased by no more than ten per cent 
based on the 1986 level. Such increase shall be 
permitted only so as to satisfy the basic domestic needs 
of the Parties operating under Article 5 and for the 
purposes of industrial rationalization between Parties.

2. Each Party shall ensure that for the twelve-month 
period commencing on the first day of the thirty-seventh 
month following the date of the entry into force of this 
Protocol, and in each twelve-month period thereafter, 
its calculated level of consumption of the controlled 
substances listed in Group II of Annex A does not exceed 
its calculated level of consumption in 1986. Each Party 
producing one or more of these substances shall ensure 
that its calculated level of production of the 
substances does not exceed its calculated level of 
production in 1986, except that such level may have 
increased by no more than ten per cent based on the 1986 
level. Such increase shall be permitted only so as to 
satisfy the basic domestic needs of the Parties 
operating under Article 5 and for the purposes of 
industrial rationalization between Parties. The 
mechanisms for implementing these measures shall be 
decided by the Parties at their first meeting following 
the first scientific review.

3. Each Party shall ensure that for the period 1 July 
1993 to 30 June 1994 and in each twelve-month period 
thereafter, its calculated level of consumption of the 
controlled substances in Group I of Annex A does not 
exceed, annually, eighty 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, eighty per cent of 
its calculated level of production in 1986. However, in 
order to satisfy the basic domestic needs of the Parties 
operating under Article 5 and for the purposes of 
industrial rationalization between Parties, its 
calculated level of production may exceed that limit by 
up to ten per cent of its calculated level of production 
in 1986.

4. Each Party shall ensure that for the period 1 July 
1998 to 30 June 1999, 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 Article 5 and for the purposes of 
industrial rationalization between Parties, 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 unless the 
Parties decide otherwise at a meeting by a two-thirds 
majority of Parties present and voting, representing at 
least two-thirds of the total calculated level of 
consumption of these substances of the Parties. This 
decision shall be considered and made in the light of 
the assessments referred to in Article 6.

5. Any Party whose calculated level of production in 
1986 of the controlled substances in Group I of Annex A 
was less than twenty-five kilotonnes may, for the 
purposes of industrial rationalization, transfer to or 
receive from any other Party, production in excess of 
the limits set out in paragraphs 1, 3 and 4 
provided that the total combined calculated levels of 
production of the Parties concerned does not exceed the 
production limits set out in this Article. Any transfer 
of such production shall be notified to the secretariat, 
no later than the time of the transfer.

6. Any Party not operating under Article 5, that has 
facilities for the production of controlled substances 
under construction, or contracted for, prior to 16 
September 1987, and provided for in national legislation 
prior to 1 January 1987, may add the production from 
such facilities to its 1986 production of such 
substances for the purposes of determining its 
calculated level of production for 1986, provided that 
such facilities are completed by 31 December 1990 and 
that such production does not raise that Party's annual 
calculated level of consumption of the controlled 
substances above 0.5 kilograms per capita.

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

8. 
(a) Any Parties which are Member States of a regional 
economic integration organization as defined in Article 
1 (6) of the Convention may agree that they shall 
jointly fulfill their obligations respecting consumption 
under this Article provided that their total combined 
calculated level of consumption does not exceed the 
levels required by this Article.

(b) The Parties to any such agreement shall inform the 
secretariat of the terms of the agreement before the 
date of the reduction in consumption with which the 
agreement is concerned.

(c) Such agreement will become operative only if all 
Member States of the regional economic integration 
organization and the organization concerned are Parties 
to the Protocol and have notified the secretariat of 
their manner of implementation.

9. 
(a) Based on the assessments made pursuant to Article 6, 
the Parties may decide whether:
(i) adjustments to the ozone depleting potentials 
specified in Annex A should be made and, if so, what the 
adjustments should be; and 
(ii) further adjustments and reductions of production or 
consumption of the controlled substances from 1986 
levels should be undertaken and, if so, what the scope, 
amount and timing of any such adjustments and reductions 
should be.

(b) Proposals for such adjustments shall be communicated 
to the Parties by the secretariat at least six months 
before the meeting of the Parties at which they are 
proposed for adoption.

(c) In taking such decisions, the Parties shall make 
every effort to reach agreement by consensus. If all 
efforts at consensus have been exhausted, and no 
agreement reached, such decisions shall, as a last 
resort, be adopted by a two-thirds majority vote of the 
Parties present and voting representing at least fifty 
per cent of the total consumption of the controlled 
substances of the Parties. 

(d) The decisions, which shall be binding on all 
Parties, shall forthwith be communicated to the Parties 
by the Depositary. Unless otherwise provided in the 
decisions, they shall enter into force on the expiry of 
six months from the date of the circulation of the 
communication by the Depositary.

10. 
(a) Based on the assessments made pursuant to Article 6 
of this Protocol and in accordance with the procedure 
set out in Article 9 of the Convention, the Parties may 






This data access service is provided by the Center for International Earth Science Information Network (CIESIN), which operates the Socioeconomic Data and Applications Center (SEDAC) for the U.S. National Aeronautics and Space Administration (NASA).


Environmental Treaties and Resource Indicators (ENTRI) -- Full Text




Summary of the "Montreal Protocol on Substances that Deplete the Ozone Layer" is available from the UNEP Register of International Treaties and Other Agreements in the Field of the Environment.




See the ENTRI query system for information about the status of this treaty.


See the ENTRI thematic guide for more information about the relationships between environmental treaties, national resource indicators, and remotely sensed data.



Protocol on Substances that Deplete the Ozone Layer
(Montreal, 16 September 1987)

The Parties to this Protocol,

Being Parties to the Vienna Convention for the 
Protection of the Ozone Layer,

Mindful of their obligation under that Convention to 
take appropriate measures to protect human health and 
the environment against adverse effects resulting or 
likely to result from human activities which modify or 
are likely to modify the ozone layer, Recognizing that 
world-wide emissions of certain substances can 
significantly deplete and otherwise modify the ozone 
layer in a manner that is likely to result in adverse 
effects on human health and the environment,

Conscious of the potential climatic effects of emissions 
of these substances,

Aware that measures taken to protect the ozone layer 
from depletion should be based on relevant scientific 
knowledge, taking into account technical and economic 
considerations,

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,

Acknowledging that special provision is required to meet 
the needs of developing countries for these substances,

Noting the precautionary measures for controlling 
emissions of certain chlorofluorocarbons that have 
already been taken at national and regional levels,

Considering the importance of promoting international 
co-operation in the research and development of science 
and technology 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,

Have agreed as follows:

Article 1
Definitions

For the purposes of this Protocol:

1. "Convention" means the Vienna Convention for the 
Protection of the Ozone Layer, adopted on 22 March 1985.

2. "Parties" means, unless the text otherwise indicates, 
Parties to this Protocol.

3. "Secretariat" means the secretariat of the 
Convention.

4. "Controlled substance" means a substance listed in 
Annex A to this Protocol, whether existing alone or in a 
mixture. It excludes, however, any such substance or 
mixture which is in a manufactured product other than a 
container used for the transportation or storage of the 
substance listed.

5. "Production" means the amount of controlled 
substances produced minus the amount destroyed by 
technologies to be approved by the Parties.

6. "Consumption" means production plus imports minus 
exports of controlled substances.

7. "Calculated levels" of production, imports, exports 
and consumption means levels determined in accordance 
with Article 3. 

8. "Industrial rationalization" means the transfer of 
all or a portion of the calculated level of production 
of one Party to another, for the purpose of achieving 
economic efficiencies or responding to anticipated 
shortfalls in supply as a result of plant closures.

Article 2
Control Measures

1. Each Party shall ensure that for the twelve-month 
period commencing on the first day of the seventh month 
following the date of the entry into force of this 
Protocol, and in each twelve-month period thereafter, 
its calculated level of consumption of the controlled 
substances in Group I of Annex A does not exceed its 
calculated level of consumption in 1986. By the end of 
the same period, each Party producing one or more of 
these substances shall ensure that its calculated level 
of production of the substances does not exceed its 
calculated level of production in 1986, except that such 
level may have increased by no more than ten per cent 
based on the 1986 level. Such increase shall be 
permitted only so as to satisfy the basic domestic needs 
of the Parties operating under Article 5 and for the 
purposes of industrial rationalization between Parties.

2. Each Party shall ensure that for the twelve-month 
period commencing on the first day of the thirty-seventh 
month following the date of the entry into force of this 
Protocol, and in each twelve-month period thereafter, 
its calculated level of consumption of the controlled 
substances listed in Group II of Annex A does not exceed 
its calculated level of consumption in 1986. Each Party 
producing one or more of these substances shall ensure 
that its calculated level of production of the 
substances does not exceed its calculated level of 
production in 1986, except that such level may have 
increased by no more than ten per cent based on the 1986 
level. Such increase shall be permitted only so as to 
satisfy the basic domestic needs of the Parties 
operating under Article 5 and for the purposes of 
industrial rationalization between Parties. The 
mechanisms for implementing these measures shall be 
decided by the Parties at their first meeting following 
the first scientific review.

3. Each Party shall ensure that for the period 1 July 
1993 to 30 June 1994 and in each twelve-month period 
thereafter, its calculated level of consumption of the 
controlled substances in Group I of Annex A does not 
exceed, annually, eighty 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, eighty per cent of 
its calculated level of production in 1986. However, in 
order to satisfy the basic domestic needs of the Parties 
operating under Article 5 and for the purposes of 
industrial rationalization between Parties, its 
calculated level of production may exceed that limit by 
up to ten per cent of its calculated level of production 
in 1986.

4. Each Party shall ensure that for the period 1 July 
1998 to 30 June 1999, 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 Article 5 and for the purposes of 
industrial rationalization between Parties, 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 unless the 
Parties decide otherwise at a meeting by a two-thirds 
majority of Parties present and voting, representing at 
least two-thirds of the total calculated level of 
consumption of these substances of the Parties. This 
decision shall be considered and made in the light of 
the assessments referred to in Article 6.

5. Any Party whose calculated level of production in 
1986 of the controlled substances in Group I of Annex A 
was less than twenty-five kilotonnes may, for the 
purposes of industrial rationalization, transfer to or 
receive from any other Party, production in excess of 
the limits set out in paragraphs 1, 3 and 4 
provided that the total combined calculated levels of 
production of the Parties concerned does not exceed the 
production limits set out in this Article. Any transfer 
of such production shall be notified to the secretariat, 
no later than the time of the transfer.

6. Any Party not operating under Article 5, that has 
facilities for the production of controlled substances 
under construction, or contracted for, prior to 16 
September 1987, and provided for in national legislation 
prior to 1 January 1987, may add the production from 
such facilities to its 1986 production of such 
substances for the purposes of determining its 
calculated level of production for 1986, provided that 
such facilities are completed by 31 December 1990 and 
that such production does not raise that Party's annual 
calculated level of consumption of the controlled 
substances above 0.5 kilograms per capita.

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

8. 
(a) Any Parties which are Member States of a regional 
economic integration organization as defined in Article 
1 (6) of the Convention may agree that they shall 
jointly fulfill their obligations respecting consumption 
under this Article provided that their total combined 
calculated level of consumption does not exceed the 
levels required by this Article.

(b) The Parties to any such agreement shall inform the 
secretariat of the terms of the agreement before the 
date of the reduction in consumption with which the 
agreement is concerned.

(c) Such agreement will become operative only if all 
Member States of the regional economic integration 
organization and the organization concerned are Parties 
to the Protocol and have notified the secretariat of 
their manner of implementation.

9. 
(a) Based on the assessments made pursuant to Article 6, 
the Parties may decide whether:
(i) adjustments to the ozone depleting potentials 
specified in Annex A should be made and, if so, what the 
adjustments should be; and 
(ii) further adjustments and reductions of production or 
consumption of the controlled substances from 1986 
levels should be undertaken and, if so, what the scope, 
amount and timing of any such adjustments and reductions 
should be.

(b) Proposals for such adjustments shall be communicated 
to the Parties by the secretariat at least six months 
before the meeting of the Parties at which they are 
proposed for adoption.

(c) In taking such decisions, the Parties shall make 
every effort to reach agreement by consensus. If all 
efforts at consensus have been exhausted, and no 
agreement reached, such decisions shall, as a last 
resort, be adopted by a two-thirds majority vote of the 
Parties present and voting representing at least fifty 
per cent of the total consumption of the controlled 
substances of the Parties. 

(d) The decisions, which shall be binding on all 
Parties, shall forthwith be communicated to the Parties 
by the Depositary. Unless otherwise provided in the 
decisions, they shall enter into force on the expiry of 
six months from the date of the circulation of the 
communication by the Depositary.

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

(b) Any such decision shall become effective, provided 
that it has been accepted by a two-thirds majority vote 
of the Parties present and voting.

11. Notwithstanding the provisions contained in this 
Article, Parties may take more stringent measures than 
those required by this Article.

Article 3
Calculation of Control Levels

For the purposes of Articles 2 and 5, each Party shall, 
for each Group of substances in Annex A, determine its 
calculated levels of: 

(a) production by:
(i) multiplying its annual production of each controlled 
substance by the ozone depleting potential specified in 
respect of it in Annex A; and
(ii) adding together, for each such Group, the resulting 
figures; 

(b) imports and exports, respectively, by following, 
mutatis mutandis, the procedure set out in subparagraph 
(a); and

(c) consumption by adding together its calculated levels 
of production and imports and subtracting its calculated 
level of exports as determined in accordance with 
subparagraphs (a) and (b). However, beginning on 1 
January 1993, any export of controlled substances to 
non-Parties shall not be subtracted in calculating the 
consumption level of the exporting Party.

Article 4
Control of Trade with Non-Parties

1. Within one year of the entry into force of this 
Protocol, each Party shall ban the import of controlled 
substances from any State not party to this Protocol.

2. Beginning on 1 January 1993, no Party operating under 
paragraph 1 of Article 5 may export any controlled 
substance to any State not party to this Protocol.

3. Within three years of the date of the entry into 
force of this Protocol, the Parties shall, following the 
procedures in Article 10 of the Convention, elaborate in 
an annex a list of products containing controlled 
substances. 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. Within five years of the entry into force of this 
Protocol, 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. 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 
it 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 shall discourage the export, to any State 
not party to this Protocol, of technology for producing 
and for utilizing controlled substances.

6. Each Party shall refrain from providing new 
subsidies, aid, credits, guarantees or insurance 
programmes for the export to States not party to this 
Protocol of products, equipment, plants or technology 
that would facilitate the production of controlled 
substances.

7. Paragraphs 5 and 6 shall not apply to products, 
equipment, plants or technology that improve the 
containment, recovery, recycling or destruction of 
controlled substances, promote the development of 
alternative substances, or otherwise contribute to the 
reduction of emissions of controlled substances.

8. Notwithstanding the provisions of this Article, 
imports referred to in paragraphs 1, 3 and 4 may be 
permitted from 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 and this 
Article, and has submitted data to that effect as 
specified in Article 7.

Article 5
Special Situation of Developing Countries

1. Any Party that is a developing country and whose 
annual calculated level of





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Environmental Treaties and Resource Indicators (ENTRI) -- Full Text




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Protocol on Substances that Deplete the Ozone Layer
(Montreal, 16 September 1987)

The Parties to this Protocol,

Being Parties to the Vienna Convention for the 
Protection of the Ozone Layer,

Mindful of their obligation under that Convention to 
take appropriate measures to protect human health and 
the environment against adverse effects resulting or 
likely to result from human activities which modify or 
are likely to modify the ozone layer, Recognizing that 
world-wide emissions of certain substances can 
significantly deplete and otherwise modify the ozone 
layer in a manner that is likely to result in adverse 
effects on human health and the environment,

Conscious of the potential climatic effects of emissions 
of these substances,

Aware that measures taken to protect the ozone layer 
from depletion should be based on relevant scientific 
knowledge, taking into account technical and economic 
considerations,

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,

Acknowledging that special provision is required to meet 
the needs of developing countries for these substances,

Noting the precautionary measures for controlling 
emissions of certain chlorofluorocarbons that have 
already been taken at national and regional levels,

Considering the importance of promoting international 
co-operation in the research and development of science 
and technology 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,

Have agreed as follows:

Article 1
Definitions

For the purposes of this Protocol:

1. "Convention" means the Vienna Convention for the 
Protection of the Ozone Layer, adopted on 22 March 1985.

2. "Parties" means, unless the text otherwise indicates, 
Parties to this Protocol.

3. "Secretariat" means the secretariat of the 
Convention.

4. "Controlled substance" means a substance listed in 
Annex A to this Protocol, whether existing alone or in a 
mixture. It excludes, however, any such substance or 
mixture which is in a manufactured product other than a 
container used for the transportation or storage of the 
substance listed.

5. "Production" means the amount of controlled 
substances produced minus the amount destroyed by 
technologies to be approved by the Parties.

6. "Consumption" means production plus imports minus 
exports of controlled substances.

7. "Calculated levels" of production, imports, exports 
and consumption means levels determined in accordance 
with Article 3. 

8. "Industrial rationalization" means the transfer of 
all or a portion of the calculated level of production 
of one Party to another, for the purpose of achieving 
economic efficiencies or responding to anticipated 
shortfalls in supply as a result of plant closures.

Article 2
Control Measures

1. Each Party shall ensure that for the twelve-month 
period commencing on the first day of the seventh month 
following the date of the entry into force of this 
Protocol, and in each twelve-month period thereafter, 
its calculated level of consumption of the controlled 
substances in Group I of Annex A does not exceed its 
calculated level of consumption in 1986. By the end of 
the same period, each Party producing one or more of 
these substances shall ensure that its calculated level 
of production of the substances does not exceed its 
calculated level of production in 1986, except that such 
level may have increased by no more than ten per cent 
based on the 1986 level. Such increase shall be 
permitted only so as to satisfy the basic domestic needs 
of the Parties operating under Article 5 and for the 
purposes of industrial rationalization between Parties.

2. Each Party shall ensure that for the twelve-month 
period commencing on the first day of the thirty-seventh 
month following the date of the entry into force of this 
Protocol, and in each twelve-month period thereafter, 
its calculated level of consumption of the controlled 
substances listed in Group II of Annex A does not exceed 
its calculated level of consumption in 1986. Each Party 
producing one or more of these substances shall ensure 
that its calculated level of production of the 
substances does not exceed its calculated level of 
production in 1986, except that such level may have 
increased by no more than ten per cent based on the 1986 
level. Such increase shall be permitted only so as to 
satisfy the basic domestic needs of the Parties 
operating under Article 5 and for the purposes of 
industrial rationalization between Parties. The 
mechanisms for implementing these measures shall be 
decided by the Parties at their first meeting following 
the first scientific review.

3. Each Party shall ensure that for the period 1 July 
1993 to 30 June 1994 and in each twelve-month period 
thereafter, its calculated level of consumption of the 
controlled substances in Group I of Annex A does not 
exceed, annually, eighty 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, eighty per cent of 
its calculated level of production in 1986. However, in 
order to satisfy the basic domestic needs of the Parties 
operating under Article 5 and for the purposes of 
industrial rationalization between Parties, its 
calculated level of production may exceed that limit by 
up to ten per cent of its calculated level of production 
in 1986.

4. Each Party shall ensure that for the period 1 July 
1998 to 30 June 1999, 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 Article 5 and for the purposes of 
industrial rationalization between Parties, 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 unless the 
Parties decide otherwise at a meeting by a two-thirds 
majority of Parties present and voting, representing at 
least two-thirds of the total calculated level of 
consumption of these substances of the Parties. This 
decision shall be considered and made in the light of 
the assessments referred to in Article 6.

5. Any Party whose calculated level of production in 
1986 of the controlled substances in Group I of Annex A 
was less than twenty-five kilotonnes may, for the 
purposes of industrial rationalization, transfer to or 
receive from any other Party, production in excess of 
the limits set out in paragraphs 1, 3 and 4 
provided that the total combined calculated levels of 
production of the Parties concerned does not exceed the 
production limits set out in this Article. Any transfer 
of such production shall be notified to the secretariat, 
no later than the time of the transfer.

6. Any Party not operating under Article 5, that has 
facilities for the production of controlled substances 
under construction, or contracted for, prior to 16 
September 1987, and provided for in national legislation 
prior to 1 January 1987, may add the production from 
such facilities to its 1986 production of such 
substances for the purposes of determining its 
calculated level of production for 1986, provided that 
such facilities are completed by 31 December 1990 and 
that such production does not raise that Party's annual 
calculated level of consumption of the controlled 
substances above 0.5 kilograms per capita.

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

8. 
(a) Any Parties which are Member States of a regional 
economic integration organization as defined in Article 
1 (6) of the Convention may agree that they shall 
jointly fulfill their obligations respecting consumption 
under this Article provided that their total combined 
calculated level of consumption does not exceed the 
levels required by this Article.

(b) The Parties to any such agreement shall inform the 
secretariat of the terms of the agreement before the 
date of the reduction in consumption with which the 
agreement is concerned.

(c) Such agreement will become operative only if all 
Member States of the regional economic integration 
organization and the organization concerned are Parties 
to the Protocol and have notified the secretariat of 
their manner of implementation.

9. 
(a) Based on the assessments made pursuant to Article 6, 
the Parties may decide whether:
(i) adjustments to the ozone depleting potentials 
specified in Annex A should be made and, if so, what the 
adjustments should be; and 
(ii) further adjustments and reductions of production or 
consumption of the controlled substances from 1986 
levels should be undertaken and, if so, what the scope, 
amount and timing of any such adjustments and reductions 
should be.

(b) Proposals for such adjustments shall be communicated 
to the Parties by the secretariat at least six months 
before the meeting of the Parties at which they are 
proposed for adoption.

(c) In taking such decisions, the Parties shall make 
every effort to reach agreement by consensus. If all 
efforts at consensus have been exhausted, and no 
agreement reached, such decisions shall, as a last 
resort, be adopted by a two-thirds majority vote of the 
Parties present and voting representing at least fifty 
per cent of the total consumption of the controlled 
substances of the Parties. 

(d) The decisions, which shall be binding on all 
Parties, shall forthwith be communicated to the Parties 
by the Depositary. Unless otherwise provided in the 
decisions, they shall enter into force on the expiry of 
six months from the date of the circulation of the 
communication by the Depositary.

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

(b) Any such decision shall become effective, provided 
that it has been accepted by a two-thirds majority vote 
of the Parties present and voting.

11. Notwithstanding the provisions contained in this 
Article, Parties may take more stringent measures than 
those required by this Article.

Article 3
Calculation of Control Levels

For the purposes of Articles 2 and 5, each Party shall, 
for each Group of substances in Annex A, determine its 
calculated levels of: 

(a) production by:
(i) multiplying its annual production of each controlled 
substance by the ozone depleting potential specified in 
respect of it in Annex A; and
(ii) adding together, for each such Group, the resulting 
figures; 

(b) imports and exports, respectively, by following, 
mutatis mutandis, the procedure set out in subparagraph 
(a); and

(c) consumption by adding together its calculated levels 
of production and imports and subtracting its calculated 
level of exports as determined in accordance with 
subparagraphs (a) and (b). However, beginning on 1 
January 1993, any export of controlled substances to 
non-Parties shall not be subtracted in calculating the 
consumption level of the exporting Party.

Article 4
Control of Trade with Non-Parties

1. Within one year of the entry into force of this 
Protocol, each Party shall ban the import of controlled 
substances from any State not party to this Protocol.

2. Beginning on 1 January 1993, no Party operating under 
paragraph 1 of Article 5 may export any controlled 
substance to any State not party to this Protocol.

3. Within three years of the date of the entry into 
force of this Protocol, the Parties shall, following the 
procedures in Article 10 of the Convention, elaborate in 
an annex a list of products containing controlled 
substances. 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. Within five years of the entry into force of this 
Protocol, 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. 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 
it 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 shall discourage the export, to any State 
not party to this Protocol, of technology for producing 
and for utilizing controlled substances.

6. Each Party shall refrain from providing new 
subsidies, aid, credits, guarantees or insurance 
programmes for the export to States not party to this 
Protocol of products, equipment, plants or technology 
that would facilitate the production of controlled 
substances.

7. Paragraphs 5 and 6 shall not apply to products, 
equipment, plants or technology that improve the 
containment, recovery, recycling or destruction of 
controlled substances, promote the development of 
alternative substances, or otherwise contribute to the 
reduction of emissions of controlled substances.

8. Notwithstanding the provisions of this Article, 
imports referred to in paragraphs 1, 3 and 4 may be 
permitted from 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 and this 
Article, and has submitted data to that effect as 
specified in Article 7.

Article 5
Special Situation of Developing Countries

1. Any Party that is a developing country and whose 
annual calculated level of consumption of the controlled 
substances 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 within ten years of the date of 
entry into force of the Protocol shall, in order to meet 
its basic domestic needs, be entitled to delay its 
compliance with the control measures set out in 
paragraphs 1 to 4 of Article 2 by ten years after that 
specified in those paragraphs. However, such Party shall 
not exceed an annual calculated level of consumption of 
0.3 kilograms per capita. Any such Party shall be 
entitled to use 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 its compliance with the control measures.

2. The Parties undertake to facilitate access to 
environmentally safe alternative substances and 
technology for Parties that are developing countries and 
assist them to make expeditious use of such 
alternatives.

3. The Parties undertake to facilitate bilaterally or 
multilaterally the provision of subsidies, aid, credits, 
guarantees or insurance programmes to Parties that are 
developing countries for the use of alternative 
technology and for substitute products.

Article 6
Assessment and Review of Control Measures

Beginning in 1990, and at least every four years 
thereafter, the Parties shall assess the control 
measures provided for in Article 2 on the basis of 
available scientific, environmental, technical and 
economic information. At least one year before each 
assessment, the Parties shall convene appropriate panels 
of experts qualified in the fields mentioned and 
determine the composition and terms of reference of any 
such panels. Within one year of being convened, 
the panels will report their conclusions, through the 
secretariat, to the Parties.

Article 7
Reporting of Data

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 for the year 1986, or the best 
possible estimates of such data where actual data are 
not available.

2. Each Party shall provide statistical data to the 
secretariat on its annual production (with separate data 
on amounts destroyed by technologies to be approved by 
the Parties), imports, and exports to Parties and non-
Parties, respectively, of such substances for the year 
during which it becomes a Party and for each year 
thereafter. It shall forward the data no later than nine 
months after the end of the year to which the data 
relate.

Article 8
Non-Compliance

The Parties, at their first meeting, shall consider and 
approve procedures and institutional mechanisms for 
determining non-compliance with the provisions of this 
Protocol and for treatment of Parties found to be in 
non-compliance.

Article 9
Research, Development, Public Awareness and Exchange of 
Information

1. The Parties shall co-operate, consistent with their 
national laws, regulations and practices and taking into 
account in particular the needs of developing countries, 
in promoting, directly or through competent 
international bodies, research, development and 
exchange of information on:

(a) best technologies for improving the containment, 
recovery, recycling or destruction of controlled 
substances or otherwise reducing their emissions;

(b) possible alternatives to controlled substances, to 
products containing such substances, and to products 
manufactured with them; and

(c) costs and benefits of relevant control strategies.

2. The Parties, individually, jointly or through 
competent international bodies, shall co-operate in 
promoting public awareness of the environmental effects 
of the emissions of controlled substances and other 
substances that deplete the ozone layer.

3. Within two years of the entry into force of this 
Protocol and every two years thereafter, each Party 
shall submit to the secretariat a summary of





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Environmental Treaties and Resource Indicators (ENTRI) -- Full Text




Summary of the "Montreal Protocol on Substances that Deplete the Ozone Layer" is available from the UNEP Register of International Treaties and Other Agreements in the Field of the Environment.




See the ENTRI query system for information about the status of this treaty.


See the ENTRI thematic guide for more information about the relationships between environmental treaties, national resource indicators, and remotely sensed data.



Protocol on Substances that Deplete the Ozone Layer
(Montreal, 16 September 1987)

The Parties to this Protocol,

Being Parties to the Vienna Convention for the 
Protection of the Ozone Layer,

Mindful of their obligation under that Convention to 
take appropriate measures to protect human health and 
the environment against adverse effects resulting or 
likely to result from human activities which modify or 
are likely to modify the ozone layer, Recognizing that 
world-wide emissions of certain substances can 
significantly deplete and otherwise modify the ozone 
layer in a manner that is likely to result in adverse 
effects on human health and the environment,

Conscious of the potential climatic effects of emissions 
of these substances,

Aware that measures taken to protect the ozone layer 
from depletion should be based on relevant scientific 
knowledge, taking into account technical and economic 
considerations,

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,

Acknowledging that special provision is required to meet 
the needs of developing countries for these substances,

Noting the precautionary measures for controlling 
emissions of certain chlorofluorocarbons that have 
already been taken at national and regional levels,

Considering the importance of promoting international 
co-operation in the research and development of science 
and technology 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,

Have agreed as follows:

Article 1
Definitions

For the purposes of this Protocol:

1. "Convention" means the Vienna Convention for the 
Protection of the Ozone Layer, adopted on 22 March 1985.

2. "Parties" means, unless the text otherwise indicates, 
Parties to this Protocol.

3. "Secretariat" means the secretariat of the 
Convention.

4. "Controlled substance" means a substance listed in 
Annex A to this Protocol, whether existing alone or in a 
mixture. It excludes, however, any such substance or 
mixture which is in a manufactured product other than a 
container used for the transportation or storage of the 
substance listed.

5. "Production" means the amount of controlled 
substances produced minus the amount destroyed by 
technologies to be approved by the Parties.

6. "Consumption" means production plus imports minus 
exports of controlled substances.

7. "Calculated levels" of production, imports, exports 
and consumption means levels determined in accordance 
with Article 3. 

8. "Industrial rationalization" means the transfer of 
all or a portion of the calculated level of production 
of one Party to another, for the purpose of achieving 
economic efficiencies or responding to anticipated 
shortfalls in supply as a result of plant closures.

Article 2
Control Measures

1. Each Party shall ensure that for the twelve-month 
period commencing on the first day of the seventh month 
following the date of the entry into force of this 
Protocol, and in each twelve-month period thereafter, 
its calculated level of consumption of the controlled 
substances in Group I of Annex A does not exceed its 
calculated level of consumption in 1986. By the end of 
the same period, each Party producing one or more of 
these substances shall ensure that its calculated level 
of production of the substances does not exceed its 
calculated level of production in 1986, except that such 
level may have increased by no more than ten per cent 
based on the 1986 level. Such increase shall be 
permitted only so as to satisfy the basic domestic needs 
of the Parties operating under Article 5 and for the 
purposes of industrial rationalization between Parties.

2. Each Party shall ensure that for the twelve-month 
period commencing on the first day of the thirty-seventh 
month following the date of the entry into force of this 
Protocol, and in each twelve-month period thereafter, 
its calculated level of consumption of the controlled 
substances listed in Group II of Annex A does not exceed 
its calculated level of consumption in 1986. Each Party 
producing one or more of these substances shall ensure 
that its calculated level of production of the 
substances does not exceed its calculated level of 
production in 1986, except that such level may have 
increased by no more than ten per cent based on the 1986 
level. Such increase shall be permitted only so as to 
satisfy the basic domestic needs of the Parties 
operating under Article 5 and for the purposes of 
industrial rationalization between Parties. The 
mechanisms for implementing these measures shall be 
decided by the Parties at their first meeting following 
the first scientific review.

3. Each Party shall ensure that for the period 1 July 
1993 to 30 June 1994 and in each twelve-month period 
thereafter, its calculated level of consumption of the 
controlled substances in Group I of Annex A does not 
exceed, annually, eighty 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, eighty per cent of 
its calculated level of production in 1986. However, in 
order to satisfy the basic domestic needs of the Parties 
operating under Article 5 and for the purposes of 
industrial rationalization between Parties, its 
calculated level of production may exceed that limit by 
up to ten per cent of its calculated level of production 
in 1986.

4. Each Party shall ensure that for the period 1 July 
1998 to 30 June 1999, 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 Article 5 and for the purposes of 
industrial rationalization between Parties, 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 unless the 
Parties decide otherwise at a meeting by a two-thirds 
majority of Parties present and voting, representing at 
least two-thirds of the total calculated level of 
consumption of these substances of the Parties. This 
decision shall be considered and made in the light of 
the assessments referred to in Article 6.

5. Any Party whose calculated level of production in 
1986 of the controlled substances in Group I of Annex A 
was less than twenty-five kilotonnes may, for the 
purposes of industrial rationalization, transfer to or 
receive from any other Party, production in excess of 
the limits set out in paragraphs 1, 3 and 4 
provided that the total combined calculated levels of 
production of the Parties concerned does not exceed the 
production limits set out in this Article. Any transfer 
of such production shall be notified to the secretariat, 
no later than the time of the transfer.

6. Any Party not operating under Article 5, that has 
facilities for the production of controlled substances 
under construction, or contracted for, prior to 16 
September 1987, and provided for in national legislation 
prior to 1 January 1987, may add the production from 
such facilities to its 1986 production of such 
substances for the purposes of determining its 
calculated level of production for 1986, provided that 
such facilities are completed by 31 December 1990 and 
that such production does not raise that Party's annual 
calculated level of consumption of the controlled 
substances above 0.5 kilograms per capita.

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

8. 
(a) Any Parties which are Member States of a regional 
economic integration organization as defined in Article 
1 (6) of the Convention may agree that they shall 
jointly fulfill their obligations respecting consumption 
under this Article provided that their total combined 
calculated level of consumption does not exceed the 
levels required by this Article.

(b) The Parties to any such agreement shall inform the 
secretariat of the terms of the agreement before the 
date of the reduction in consumption with which the 
agreement is concerned.

(c) Such agreement will become operative only if all 
Member States of the regional economic integration 
organization and the organization concerned are Parties 
to the Protocol and have notified the secretariat of 
their manner of implementation.

9. 
(a) Based on the assessments made pursuant to Article 6, 
the Parties may decide whether:
(i) adjustments to the ozone depleting potentials 
specified in Annex A should be made and, if so, what the 
adjustments should be; and 
(ii) further adjustments and reductions of production or 
consumption of the controlled substances from 1986 
levels should be undertaken and, if so, what the scope, 
amount and timing of any such adjustments and reductions 
should be.

(b) Proposals for such adjustments shall be communicated 
to the Parties by the secretariat at least six months 
before the meeting of the Parties at which they are 
proposed for adoption.

(c) In taking such decisions, the Parties shall make 
every effort to reach agreement by consensus. If all 
efforts at consensus have been exhausted, and no 
agreement reached, such decisions shall, as a last 
resort, be adopted by a two-thirds majority vote of the 
Parties present and voting representing at least fifty 
per cent of the total consumption of the controlled 
substances of the Parties. 

(d) The decisions, which shall be binding on all 
Parties, shall forthwith be communicated to the Parties 
by the Depositary. Unless otherwise provided in the 
decisions, they shall enter into force on the expiry of 
six months from the date of the circulation of the 
communication by the Depositary.

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

(b) Any such decision shall become effective, provided 
that it has been accepted by a two-thirds majority vote 
of the Parties present and voting.

11. Notwithstanding the provisions contained in this 
Article, Parties may take more stringent measures than 
those required by this Article.

Article 3
Calculation of Control Levels

For the purposes of Articles 2 and 5, each Party shall, 
for each Group of substances in Annex A, determine its 
calculated levels of: 

(a) production by:
(i) multiplying its annual production of each controlled 
substance by the ozone depleting potential specified in 
respect of it in Annex A; and
(ii) adding together, for each such Group, the resulting 
figures; 

(b) imports and exports, respectively, by following, 
mutatis mutandis, the procedure set out in subparagraph 
(a); and

(c) consumption by adding together its calculated levels 
of production and imports and subtracting its calculated 
level of exports as determined in accordance with 
subparagraphs (a) and (b). However, beginning on 1 
January 1993, any export of controlled substances to 
non-Parties shall not be subtracted in calculating the 
consumption level of the exporting Party.

Article 4
Control of Trade with Non-Parties

1. Within one year of the entry into force of this 
Protocol, each Party shall ban the import of controlled 
substances from any State not party to this Protocol.

2. Beginning on 1 January 1993, no Party operating under 
paragraph 1 of Article 5 may export any controlled 
substance to any State not party to this Protocol.

3. Within three years of the date of the entry into 
force of this Protocol, the Parties shall, following the 
procedures in Article 10 of the Convention, elaborate in 
an annex a list of products containing controlled 
substances. 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. Within five years of the entry into force of this 
Protocol, 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. 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 
it 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 shall discourage the export, to any State 
not party to this Protocol, of technology for producing 
and for utilizing controlled substances.

6. Each Party shall refrain from providing new 
subsidies, aid, credits, guarantees or insurance 
programmes for the export to States not party to this 
Protocol of products, equipment, plants or technology 
that would facilitate the production of controlled 
substances.

7. Paragraphs 5 and 6 shall not apply to products, 
equipment, plants or technology that improve the 
containment, recovery, recycling or destruction of 
controlled substances, promote the development of 
alternative substances, or otherwise contribute to the 
reduction of emissions of controlled substances.

8. Notwithstanding the provisions of this Article, 
imports referred to in paragraphs 1, 3 and 4 may be 
permitted from 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 and this 
Article, and has submitted data to that effect as 
specified in Article 7.

Article 5
Special Situation of Developing Countries

1. Any Party that is a developing country and whose 
annual calculated level of consumption of the controlled 
substances 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 within ten years of the date of 
entry into force of the Protocol shall, in order to meet 
its basic domestic needs, be entitled to delay its 
compliance with the control measures set out in 
paragraphs 1 to 4 of Article 2 by ten years after that 
specified in those paragraphs. However, such Party shall 
not exceed an annual calculated level of consumption of 
0.3 kilograms per capita. Any such Party shall be 
entitled to use 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 its compliance with the control measures.

2. The Parties undertake to facilitate access to 
environmentally safe alternative substances and 
technology for Parties that are developing countries and 
assist them to make expeditious use of such 
alternatives.

3. The Parties undertake to facilitate bilaterally or 
multilaterally the provision of subsidies, aid, credits, 
guarantees or insurance programmes to Parties that are 
developing countries for the use of alternative 
technology and for substitute products.

Article 6
Assessment and Review of Control Measures

Beginning in 1990, and at least every four years 
thereafter, the Parties shall assess the control 
measures provided for in Article 2 on the basis of 
available scientific, environmental, technical and 
economic information. At least one year before each 
assessment, the Parties shall convene appropriate panels 
of experts qualified in the fields mentioned and 
determine the composition and terms of reference of any 
such panels. Within one year of being convened, 
the panels will report their conclusions, through the 
secretariat, to the Parties.

Article 7
Reporting of Data

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 for the year 1986, or the best 
possible estimates of such data where actual data are 
not available.

2. Each Party shall provide statistical data to the 
secretariat on its annual production (with separate data 
on amounts destroyed by technologies to be approved by 
the Parties), imports, and exports to Parties and non-
Parties, respectively, of such substances for the year 
during which it becomes a Party and for each year 
thereafter. It shall forward the data no later than nine 
months after the end of the year to which the data 
relate.

Article 8
Non-Compliance

The Parties, at their first meeting, shall consider and 
approve procedures and institutional mechanisms for 
determining non-compliance with the provisions of this 
Protocol and for treatment of Parties found to be in 
non-compliance.

Article 9
Research, Development, Public Awareness and Exchange of 
Information

1. The Parties shall co-operate, consistent with their 
national laws, regulations and practices and taking into 
account in particular the needs of developing countries, 
in promoting, directly or through competent 
international bodies, research, development and 
exchange of information on:

(a) best technologies for improving the containment, 
recovery, recycling or destruction of controlled 
substances or otherwise reducing their emissions;

(b) possible alternatives to controlled substances, to 
products containing such substances, and to products 
manufactured with them; and

(c) costs and benefits of relevant control strategies.

2. The Parties, individually, jointly or through 
competent international bodies, shall co-operate in 
promoting public awareness of the environmental effects 
of the emissions of controlled substances and other 
substances that deplete the ozone layer.

3. Within two years of the entry into force of this 
Protocol and every two years thereafter, each Party 
shall submit to the secretariat a summary of the 
activities it has conducted pursuant to this Article.
Article 10
Technical Assistance

1. The Parties shall, in the context of the provisions 
of Article 4 of the Convention, and taking into account 
in particular the needs of developing countries, co-
operate in promoting technical assistance to facilitate 
participation in and implementation of this Protocol. 

2. Any Party or Signatory to this Protocol may submit a 
request to the secretariat for technical assistance for 
the purposes of implementing or participating in the 
Protocol.

3. The Parties, at their first meeting, shall begin 
deliberations on the means of fulfilling the obligations 
set out in Article 9, and paragraphs 1 and 2 of this 
Article, including the preparation of workplans. Such 
workplans shall pay special attention to the needs and 
circumstances of the developing countries. States and 
regional economic integration organizations not party to 
the Protocol should be encouraged to participate in 
activities specified in such workplans.

Article 11
Meetings of the Parties

1. The Parties shall hold meetings at regular intervals. 
The secretariat shall convene the first meeting of the 
Parties not later than one year after the date of the 
entry into force of this Protocol and in conjunction 
with a meeting of the Conference of the Parties to the 
Convention, if a meeting of the latter is scheduled 
within that period.

2. Subsequent ordinary meetings of the Parties shall be 
held, unless the Parties otherwise decide, in 
conjunction with meetings of the Conference of the 
Parties to the Convention. Extraordinary meetings of the 
Parties shall be held at such other times as may be 
deemed necessary by a meeting of the Parties, or at the 
written request of any Party, provided that, within six 
months of such a request being communicated to them by 
the secretariat, it is supported by at least one third 
of the Parties.

3. The Parties, at their first meeting, shall:

(a) adopt by consensus rules of procedure for their 
meetings;

(b) adopt by consensus the financial rules referred to 
in paragraph 2 of Article 13;

(c) establish the panels and determine the terms of 
reference referred to in Article 6;

(d) consider and approve the procedures and 
institutional mechanisms specified in Article 8; and

(e) begin preparation of workplans pursuant to paragraph 
3 of Article 10;

4. The functions of the meetings of the Parties shall be 
to:

(a) review the implementation of this Protocol;

(b) decide on any adjustments or reductions referred to 
in paragraph 9 of Article 2;

(c) decide on any addition to, insertion in or removal 
from any annex of substances and on related control 
measures in accordance with paragraph 10 of Article 2;

(d) establish, where necessary, guidelines or procedures 
for reporting of information as provided for in Article 
7 and paragraph 3 of Article 9;

(e) review requests for technical assistance submitted 
pursuant to paragraph 2 of Article 10;

(f) review reports prepared by the secretariat pursuant 
to subparagraph (c) of Article 12;

(g) assess, in accordance with Article 6, the control 
measures provided for in Article 2;

(h) consider and adopt, as required, proposals for 
amendment of this Protocol or any annex and for any new 
annex;

(i) consider and adopt the budget for implementing this 
Protocol; and

(j) consider and undertake any additional action that 
may be required for the achievement of the purposes of 
this Protocol.

5. The United Nations, its specialized agencies and the 
International Atomic Energy Agency, as well as any State 
not party to this Protocol, may be represented at 
meetings of the Parties as observers. Any body or 
agency, whether national or international, governmental 
or non-governmental, qualified in fields relating to the 
protection of the ozone layer which has informed the 
secretariat of its wish to be represented at a meeting 
of the Parties as an observer may be admitted unless at 
least one third of the Parties present object. The 
admission and participation of observer





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Environmental Treaties and Resource Indicators (ENTRI) -- Full Text




Summary of the "Montreal Protocol on Substances that Deplete the Ozone Layer" is available from the UNEP Register of International Treaties and Other Agreements in the Field of the Environment.




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Protocol on Substances that Deplete the Ozone Layer
(Montreal, 16 September 1987)

The Parties to this Protocol,

Being Parties to the Vienna Convention for the 
Protection of the Ozone Layer,

Mindful of their obligation under that Convention to 
take appropriate measures to protect human health and 
the environment against adverse effects resulting or 
likely to result from human activities which modify or 
are likely to modify the ozone layer, Recognizing that 
world-wide emissions of certain substances can 
significantly deplete and otherwise modify the ozone 
layer in a manner that is likely to result in adverse 
effects on human health and the environment,

Conscious of the potential climatic effects of emissions 
of these substances,

Aware that measures taken to protect the ozone layer 
from depletion should be based on relevant scientific 
knowledge, taking into account technical and economic 
considerations,

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,

Acknowledging that special provision is required to meet 
the needs of developing countries for these substances,

Noting the precautionary measures for controlling 
emissions of certain chlorofluorocarbons that have 
already been taken at national and regional levels,

Considering the importance of promoting international 
co-operation in the research and development of science 
and technology 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,

Have agreed as follows:

Article 1
Definitions

For the purposes of this Protocol:

1. "Convention" means the Vienna Convention for the 
Protection of the Ozone Layer, adopted on 22 March 1985.

2. "Parties" means, unless the text otherwise indicates, 
Parties to this Protocol.

3. "Secretariat" means the secretariat of the 
Convention.

4. "Controlled substance" means a substance listed in 
Annex A to this Protocol, whether existing alone or in a 
mixture. It excludes, however, any such substance or 
mixture which is in a manufactured product other than a 
container used for the transportation or storage of the 
substance listed.

5. "Production" means the amount of controlled 
substances produced minus the amount destroyed by 
technologies to be approved by the Parties.

6. "Consumption" means production plus imports minus 
exports of controlled substances.

7. "Calculated levels" of production, imports, exports 
and consumption means levels determined in accordance 
with Article 3. 

8. "Industrial rationalization" means the transfer of 
all or a portion of the calculated level of production 
of one Party to another, for the purpose of achieving 
economic efficiencies or responding to anticipated 
shortfalls in supply as a result of plant closures.

Article 2
Control Measures

1. Each Party shall ensure that for the twelve-month 
period commencing on the first day of the seventh month 
following the date of the entry into force of this 
Protocol, and in each twelve-month period thereafter, 
its calculated level of consumption of the controlled 
substances in Group I of Annex A does not exceed its 
calculated level of consumption in 1986. By the end of 
the same period, each Party producing one or more of 
these substances shall ensure that its calculated level 
of production of the substances does not exceed its 
calculated level of production in 1986, except that such 
level may have increased by no more than ten per cent 
based on the 1986 level. Such increase shall be 
permitted only so as to satisfy the basic domestic needs 
of the Parties operating under Article 5 and for the 
purposes of industrial rationalization between Parties.

2. Each Party shall ensure that for the twelve-month 
period commencing on the first day of the thirty-seventh 
month following the date of the entry into force of this 
Protocol, and in each twelve-month period thereafter, 
its calculated level of consumption of the controlled 
substances listed in Group II of Annex A does not exceed 
its calculated level of consumption in 1986. Each Party 
producing one or more of these substances shall ensure 
that its calculated level of production of the 
substances does not exceed its calculated level of 
production in 1986, except that such level may have 
increased by no more than ten per cent based on the 1986 
level. Such increase shall be permitted only so as to 
satisfy the basic domestic needs of the Parties 
operating under Article 5 and for the purposes of 
industrial rationalization between Parties. The 
mechanisms for implementing these measures shall be 
decided by the Parties at their first meeting following 
the first scientific review.

3. Each Party shall ensure that for the period 1 July 
1993 to 30 June 1994 and in each twelve-month period 
thereafter, its calculated level of consumption of the 
controlled substances in Group I of Annex A does not 
exceed, annually, eighty 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, eighty per cent of 
its calculated level of production in 1986. However, in 
order to satisfy the basic domestic needs of the Parties 
operating under Article 5 and for the purposes of 
industrial rationalization between Parties, its 
calculated level of production may exceed that limit by 
up to ten per cent of its calculated level of production 
in 1986.

4. Each Party shall ensure that for the period 1 July 
1998 to 30 June 1999, 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 Article 5 and for the purposes of 
industrial rationalization between Parties, 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 unless the 
Parties decide otherwise at a meeting by a two-thirds 
majority of Parties present and voting, representing at 
least two-thirds of the total calculated level of 
consumption of these substances of the Parties. This 
decision shall be considered and made in the light of 
the assessments referred to in Article 6.

5. Any Party whose calculated level of production in 
1986 of the controlled substances in Group I of Annex A 
was less than twenty-five kilotonnes may, for the 
purposes of industrial rationalization, transfer to or 
receive from any other Party, production in excess of 
the limits set out in paragraphs 1, 3 and 4 
provided that the total combined calculated levels of 
production of the Parties concerned does not exceed the 
production limits set out in this Article. Any transfer 
of such production shall be notified to the secretariat, 
no later than the time of the transfer.

6. Any Party not operating under Article 5, that has 
facilities for the production of controlled substances 
under construction, or contracted for, prior to 16 
September 1987, and provided for in national legislation 
prior to 1 January 1987, may add the production from 
such facilities to its 1986 production of such 
substances for the purposes of determining its 
calculated level of production for 1986, provided that 
such facilities are completed by 31 December 1990 and 
that such production does not raise that Party's annual 
calculated level of consumption of the controlled 
substances above 0.5 kilograms per capita.

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

8. 
(a) Any Parties which are Member States of a regional 
economic integration organization as defined in Article 
1 (6) of the Convention may agree that they shall 
jointly fulfill their obligations respecting consumption 
under this Article provided that their total combined 
calculated level of consumption does not exceed the 
levels required by this Article.

(b) The Parties to any such agreement shall inform the 
secretariat of the terms of the agreement before the 
date of the reduction in consumption with which the 
agreement is concerned.

(c) Such agreement will become operative only if all 
Member States of the regional economic integration 
organization and the organization concerned are Parties 
to the Protocol and have notified the secretariat of 
their manner of implementation.

9. 
(a) Based on the assessments made pursuant to Article 6, 
the Parties may decide whether:
(i) adjustments to the ozone depleting potentials 
specified in Annex A should be made and, if so, what the 
adjustments should be; and 
(ii) further adjustments and reductions of production or 
consumption of the controlled substances from 1986 
levels should be undertaken and, if so, what the scope, 
amount and timing of any such adjustments and reductions 
should be.

(b) Proposals for such adjustments shall be communicated 
to the Parties by the secretariat at least six months 
before the meeting of the Parties at which they are 
proposed for adoption.

(c) In taking such decisions, the Parties shall make 
every effort to reach agreement by consensus. If all 
efforts at consensus have been exhausted, and no 
agreement reached, such decisions shall, as a last 
resort, be adopted by a two-thirds majority vote of the 
Parties present and voting representing at least fifty 
per cent of the total consumption of the controlled 
substances of the Parties. 

(d) The decisions, which shall be binding on all 
Parties, shall forthwith be communicated to the Parties 
by the Depositary. Unless otherwise provided in the 
decisions, they shall enter into force on the expiry of 
six months from the date of the circulation of the 
communication by the Depositary.

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

(b) Any such decision shall become effective, provided 
that it has been accepted by a two-thirds majority vote 
of the Parties present and voting.

11. Notwithstanding the provisions contained in this 
Article, Parties may take more stringent measures than 
those required by this Article.

Article 3
Calculation of Control Levels

For the purposes of Articles 2 and 5, each Party shall, 
for each Group of substances in Annex A, determine its 
calculated levels of: 

(a) production by:
(i) multiplying its annual production of each controlled 
substance by the ozone depleting potential specified in 
respect of it in Annex A; and
(ii) adding together, for each such Group, the resulting 
figures; 

(b) imports and exports, respectively, by following, 
mutatis mutandis, the procedure set out in subparagraph 
(a); and

(c) consumption by adding together its calculated levels 
of production and imports and subtracting its calculated 
level of exports as determined in accordance with 
subparagraphs (a) and (b). However, beginning on 1 
January 1993, any export of controlled substances to 
non-Parties shall not be subtracted in calculating the 
consumption level of the exporting Party.

Article 4
Control of Trade with Non-Parties

1. Within one year of the entry into force of this 
Protocol, each Party shall ban the import of controlled 
substances from any State not party to this Protocol.

2. Beginning on 1 January 1993, no Party operating under 
paragraph 1 of Article 5 may export any controlled 
substance to any State not party to this Protocol.

3. Within three years of the date of the entry into 
force of this Protocol, the Parties shall, following the 
procedures in Article 10 of the Convention, elaborate in 
an annex a list of products containing controlled 
substances. 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. Within five years of the entry into force of this 
Protocol, 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. 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 
it 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 shall discourage the export, to any State 
not party to this Protocol, of technology for producing 
and for utilizing controlled substances.

6. Each Party shall refrain from providing new 
subsidies, aid, credits, guarantees or insurance 
programmes for the export to States not party to this 
Protocol of products, equipment, plants or technology 
that would facilitate the production of controlled 
substances.

7. Paragraphs 5 and 6 shall not apply to products, 
equipment, plants or technology that improve the 
containment, recovery, recycling or destruction of 
controlled substances, promote the development of 
alternative substances, or otherwise contribute to the 
reduction of emissions of controlled substances.

8. Notwithstanding the provisions of this Article, 
imports referred to in paragraphs 1, 3 and 4 may be 
permitted from 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 and this 
Article, and has submitted data to that effect as 
specified in Article 7.

Article 5
Special Situation of Developing Countries

1. Any Party that is a developing country and whose 
annual calculated level of consumption of the controlled 
substances 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 within ten years of the date of 
entry into force of the Protocol shall, in order to meet 
its basic domestic needs, be entitled to delay its 
compliance with the control measures set out in 
paragraphs 1 to 4 of Article 2 by ten years after that 
specified in those paragraphs. However, such Party shall 
not exceed an annual calculated level of consumption of 
0.3 kilograms per capita. Any such Party shall be 
entitled to use 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 its compliance with the control measures.

2. The Parties undertake to facilitate access to 
environmentally safe alternative substances and 
technology for Parties that are developing countries and 
assist them to make expeditious use of such 
alternatives.

3. The Parties undertake to facilitate bilaterally or 
multilaterally the provision of subsidies, aid, credits, 
guarantees or insurance programmes to Parties that are 
developing countries for the use of alternative 
technology and for substitute products.

Article 6
Assessment and Review of Control Measures

Beginning in 1990, and at least every four years 
thereafter, the Parties shall assess the control 
measures provided for in Article 2 on the basis of 
available scientific, environmental, technical and 
economic information. At least one year before each 
assessment, the Parties shall convene appropriate panels 
of experts qualified in the fields mentioned and 
determine the composition and terms of reference of any 
such panels. Within one year of being convened, 
the panels will report their conclusions, through the 
secretariat, to the Parties.

Article 7
Reporting of Data

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 for the year 1986, or the best 
possible estimates of such data where actual data are 
not available.

2. Each Party shall provide statistical data to the 
secretariat on its annual production (with separate data 
on amounts destroyed by technologies to be approved by 
the Parties), imports, and exports to Parties and non-
Parties, respectively, of such substances for the year 
during which it becomes a Party and for each year 
thereafter. It shall forward the data no later than nine 
months after the end of the year to which the data 
relate.

Article 8
Non-Compliance

The Parties, at their first meeting, shall consider and 
approve procedures and institutional mechanisms for 
determining non-compliance with the provisions of this 
Protocol and for treatment of Parties found to be in 
non-compliance.

Article 9
Research, Development, Public Awareness and Exchange of 
Information

1. The Parties shall co-operate, consistent with their 
national laws, regulations and practices and taking into 
account in particular the needs of developing countries, 
in promoting, directly or through competent 
international bodies, research, development and 
exchange of information on:

(a) best technologies for improving the containment, 
recovery, recycling or destruction of controlled 
substances or otherwise reducing their emissions;

(b) possible alternatives to controlled substances, to 
products containing such substances, and to products 
manufactured with them; and

(c) costs and benefits of relevant control strategies.

2. The Parties, individually, jointly or through 
competent international bodies, shall co-operate in 
promoting public awareness of the environmental effects 
of the emissions of controlled substances and other 
substances that deplete the ozone layer.

3. Within two years of the entry into force of this 
Protocol and every two years thereafter, each Party 
shall submit to the secretariat a summary of the 
activities it has conducted pursuant to this Article.
Article 10
Technical Assistance

1. The Parties shall, in the context of the provisions 
of Article 4 of the Convention, and taking into account 
in particular the needs of developing countries, co-
operate in promoting technical assistance to facilitate 
participation in and implementation of this Protocol. 

2. Any Party or Signatory to this Protocol may submit a 
request to the secretariat for technical assistance for 
the purposes of implementing or participating in the 
Protocol.

3. The Parties, at their first meeting, shall begin 
deliberations on the means of fulfilling the obligations 
set out in Article 9, and paragraphs 1 and 2 of this 
Article, including the preparation of workplans. Such 
workplans shall pay special attention to the needs and 
circumstances of the developing countries. States and 
regional economic integration organizations not party to 
the Protocol should be encouraged to participate in 
activities specified in such workplans.

Article 11
Meetings of the Parties

1. The Parties shall hold meetings at regular intervals. 
The secretariat shall convene the first meeting of the 
Parties not later than one year after the date of the 
entry into force of this Protocol and in conjunction 
with a meeting of the Conference of the Parties to the 
Convention, if a meeting of the latter is scheduled 
within that period.

2. Subsequent ordinary meetings of the Parties shall be 
held, unless the Parties otherwise decide, in 
conjunction with meetings of the Conference of the 
Parties to the Convention. Extraordinary meetings of the 
Parties shall be held at such other times as may be 
deemed necessary by a meeting of the Parties, or at the 
written request of any Party, provided that, within six 
months of such a request being communicated to them by 
the secretariat, it is supported by at least one third 
of the Parties.

3. The Parties, at their first meeting, shall:

(a) adopt by consensus rules of procedure for their 
meetings;

(b) adopt by consensus the financial rules referred to 
in paragraph 2 of Article 13;

(c) establish the panels and determine the terms of 
reference referred to in Article 6;

(d) consider and approve the procedures and 
institutional mechanisms specified in Article 8; and

(e) begin preparation of workplans pursuant to paragraph 
3 of Article 10;

4. The functions of the meetings of the Parties shall be 
to:

(a) review the implementation of this Protocol;

(b) decide on any adjustments or reductions referred to 
in paragraph 9 of Article 2;

(c) decide on any addition to, insertion in or removal 
from any annex of substances and on related control 
measures in accordance with paragraph 10 of Article 2;

(d) establish, where necessary, guidelines or procedures 
for reporting of information as provided for in Article 
7 and paragraph 3 of Article 9;

(e) review requests for technical assistance submitted 
pursuant to paragraph 2 of Article 10;

(f) review reports prepared by the secretariat pursuant 
to subparagraph (c) of Article 12;

(g) assess, in accordance with Article 6, the control 
measures provided for in Article 2;

(h) consider and adopt, as required, proposals for 
amendment of this Protocol or any annex and for any new 
annex;

(i) consider and adopt the budget for implementing this 
Protocol; and

(j) consider and undertake any additional action that 
may be required for the achievement of the purposes of 
this Protocol.

5. The United Nations, its specialized agencies and the 
International Atomic Energy Agency, as well as any State 
not party to this Protocol, may be represented at 
meetings of the Parties as observers. Any body or 
agency, whether national or international, governmental 
or non-governmental, qualified in fields relating to the 
protection of the ozone layer which has informed the 
secretariat of its wish to be represented at a meeting 
of the Parties as an observer may be admitted unless at 
least one third of the Parties present object. The 
admission and participation of observers shall be 
subject to the rules of procedure adopted by the 
Parties.

Article 12
Secretariat

For the purposes of this Protocol, the secretariat 
shall:

(a) arrange for and service meetings of the Parties as 
provided for in Article 11;

(b) receive and make available, upon request by a Party, 
data provided pursuant to Article 7;

(c) prepare and distribute regularly to the Parties 
reports based on information received pursuant to 
Articles 7 and 9;

(d) notify the Parties of any request for technical 
assistance received pursuant to Article 10 so as to 
facilitate the provision of such assistance;

(e) encourage non-Parties to attend the meetings of the 
Parties as observers and to act in accordance with the 
provisions of this Protocol;

(f) provide, as appropriate, the information and 
requests referred to in subparagraphs (c) and (d) to 
such non-party observers; and 

(g) perform such other functions for the achievement of 
the purposes of this Protocol as may be assigned to it 
by the Parties.

Article 13
Financial Provisions

1. The funds required for the operation of this 
Protocol, including those for the functioning of the 
secretariat related to this Protocol shall be charged 
exclusively against contributions from the Parties.

2. The Parties, at their first meeting, shall adopt by 
consensus financial rules for the operation of this 
Protocol.

Article 14
Relationship of this Protocol to the Convention

Except as otherwise provided in this Protocol, the 
provisions of the Convention relating to its protocols 
shall apply to this Protocol.

Article 15
Signature

This Protocol shall be open for signature by States and 
by regional economic integration organizations in 
Montreal on 16 September 1987, in Ottawa from 17 
September 1987 to 16 January 1988, and at United Nations 
Headquarters in New York from 17 January 1988 to 15 
September 1988.

Article 16
Entry into Force

1. This Protocol shall enter into force on 1 January 
1989, provided that at least eleven instruments of 
ratification, acceptance, approval of the Protocol or 
accession thereto have been deposited by States or 
regional economic integration organizations representing 
at least two-thirds of 1986 estimated global consumption 
of the controlled substances, and the provisions of 
paragraph 1 of Article 17 of the Convention have been 
fulfilled. In the event that these conditions have not 
been fulfilled by that date, the Protocol shall enter 
into force on the ninetieth day following the date on 
which the conditions have been fulfilled.

2. For the purposes of paragraph 1, any such instrument 
deposited by a regional economic integration 
organization shall not be counted as additional to those 
deposited by member States of such organization.

3. After the entry into force of this Protocol, any 
State or regional economic integration organization 
shall become a Party to it on the ninetieth day 
following the date of deposit of its instrument of 
ratification, acceptance, approval or accession.

Article 17
Parties Joining after Entry into Force

Subject to Article 5, any State or regional economic 
integration organization which becomes a Party to this 
Protocol after the date of its entry into force, shall 
fulfill forthwith the sum of the obligations under 
Article 2, as well as under Article 4, that apply at 
that date to the States and regional economic 
integration organizations that became Parties on the 
date the Protocol entered into force.

Article 18
Reservations

No reservations may be made to this Protocol.

Article 19
Withdrawal

For the purposes of this Protocol, the provisions of 
Article 19 of the Convention relating to withdrawal 
shall apply, except with respect to Parties referred to 
in paragraph 1 of Article 5. Any such Party may withdraw 
from this Protocol by giving written notification to the 
Depositary at any time after four years of assuming the 
obligations specified in paragraphs 1 to 4 of Article 2. 
Any such withdrawal shall take effect upon expiry of one 
year after the date of its receipt by the Deposita





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Environmental Treaties and Resource Indicators (ENTRI) -- Full Text




Summary of the "Montreal Protocol on Substances that Deplete the Ozone Layer" is available from the UNEP Register of International Treaties and Other Agreements in the Field of the Environment.




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Protocol on Substances that Deplete the Ozone Layer
(Montreal, 16 September 1987)

The Parties to this Protocol,

Being Parties to the Vienna Convention for the 
Protection of the Ozone Layer,

Mindful of their obligation under that Convention to 
take appropriate measures to protect human health and 
the environment against adverse effects resulting or 
likely to result from human activities which modify or 
are likely to modify the ozone layer, Recognizing that 
world-wide emissions of certain substances can 
significantly deplete and otherwise modify the ozone 
layer in a manner that is likely to result in adverse 
effects on human health and the environment,

Conscious of the potential climatic effects of emissions 
of these substances,

Aware that measures taken to protect the ozone layer 
from depletion should be based on relevant scientific 
knowledge, taking into account technical and economic 
considerations,

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,

Acknowledging that special provision is required to meet 
the needs of developing countries for these substances,

Noting the precautionary measures for controlling 
emissions of certain chlorofluorocarbons that have 
already been taken at national and regional levels,

Considering the importance of promoting international 
co-operation in the research and development of science 
and technology 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,

Have agreed as follows:

Article 1
Definitions

For the purposes of this Protocol:

1. "Convention" means the Vienna Convention for the 
Protection of the Ozone Layer, adopted on 22 March 1985.

2. "Parties" means, unless the text otherwise indicates, 
Parties to this Protocol.

3. "Secretariat" means the secretariat of the 
Convention.

4. "Controlled substance" means a substance listed in 
Annex A to this Protocol, whether existing alone or in a 
mixture. It excludes, however, any such substance or 
mixture which is in a manufactured product other than a 
container used for the transportation or storage of the 
substance listed.

5. "Production" means the amount of controlled 
substances produced minus the amount destroyed by 
technologies to be approved by the Parties.

6. "Consumption" means production plus imports minus 
exports of controlled substances.

7. "Calculated levels" of production, imports, exports 
and consumption means levels determined in accordance 
with Article 3. 

8. "Industrial rationalization" means the transfer of 
all or a portion of the calculated level of production 
of one Party to another, for the purpose of achieving 
economic efficiencies or responding to anticipated 
shortfalls in supply as a result of plant closures.

Article 2
Control Measures

1. Each Party shall ensure that for the twelve-month 
period commencing on the first day of the seventh month 
following the date of the entry into force of this 
Protocol, and in each twelve-month period thereafter, 
its calculated level of consumption of the controlled 
substances in Group I of Annex A does not exceed its 
calculated level of consumption in 1986. By the end of 
the same period, each Party producing one or more of 
these substances shall ensure that its calculated level 
of production of the substances does not exceed its 
calculated level of production in 1986, except that such 
level may have increased by no more than ten per cent 
based on the 1986 level. Such increase shall be 
permitted only so as to satisfy the basic domestic needs 
of the Parties operating under Article 5 and for the 
purposes of industrial rationalization between Parties.

2. Each Party shall ensure that for the twelve-month 
period commencing on the first day of the thirty-seventh 
month following the date of the entry into force of this 
Protocol, and in each twelve-month period thereafter, 
its calculated level of consumption of the controlled 
substances listed in Group II of Annex A does not exceed 
its calculated level of consumption in 1986. Each Party 
producing one or more of these substances shall ensure 
that its calculated level of production of the 
substances does not exceed its calculated level of 
production in 1986, except that such level may have 
increased by no more than ten per cent based on the 1986 
level. Such increase shall be permitted only so as to 
satisfy the basic domestic needs of the Parties 
operating under Article 5 and for the purposes of 
industrial rationalization between Parties. The 
mechanisms for implementing these measures shall be 
decided by the Parties at their first meeting following 
the first scientific review.

3. Each Party shall ensure that for the period 1 July 
1993 to 30 June 1994 and in each twelve-month period 
thereafter, its calculated level of consumption of the 
controlled substances in Group I of Annex A does not 
exceed, annually, eighty 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, eighty per cent of 
its calculated level of production in 1986. However, in 
order to satisfy the basic domestic needs of the Parties 
operating under Article 5 and for the purposes of 
industrial rationalization between Parties, its 
calculated level of production may exceed that limit by 
up to ten per cent of its calculated level of production 
in 1986.

4. Each Party shall ensure that for the period 1 July 
1998 to 30 June 1999, 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 Article 5 and for the purposes of 
industrial rationalization between Parties, 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 unless the 
Parties decide otherwise at a meeting by a two-thirds 
majority of Parties present and voting, representing at 
least two-thirds of the total calculated level of 
consumption of these substances of the Parties. This 
decision shall be considered and made in the light of 
the assessments referred to in Article 6.

5. Any Party whose calculated level of production in 
1986 of the controlled substances in Group I of Annex A 
was less than twenty-five kilotonnes may, for the 
purposes of industrial rationalization, transfer to or 
receive from any other Party, production in excess of 
the limits set out in paragraphs 1, 3 and 4 
provided that the total combined calculated levels of 
production of the Parties concerned does not exceed the 
production limits set out in this Article. Any transfer 
of such production shall be notified to the secretariat, 
no later than the time of the transfer.

6. Any Party not operating under Article 5, that has 
facilities for the production of controlled substances 
under construction, or contracted for, prior to 16 
September 1987, and provided for in national legislation 
prior to 1 January 1987, may add the production from 
such facilities to its 1986 production of such 
substances for the purposes of determining its 
calculated level of production for 1986, provided that 
such facilities are completed by 31 December 1990 and 
that such production does not raise that Party's annual 
calculated level of consumption of the controlled 
substances above 0.5 kilograms per capita.

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

8. 
(a) Any Parties which are Member States of a regional 
economic integration organization as defined in Article 
1 (6) of the Convention may agree that they shall 
jointly fulfill their obligations respecting consumption 
under this Article provided that their total combined 
calculated level of consumption does not exceed the 
levels required by this Article.

(b) The Parties to any such agreement shall inform the 
secretariat of the terms of the agreement before the 
date of the reduction in consumption with which the 
agreement is concerned.

(c) Such agreement will become operative only if all 
Member States of the regional economic integration 
organization and the organization concerned are Parties 
to the Protocol and have notified the secretariat of 
their manner of implementation.

9. 
(a) Based on the assessments made pursuant to Article 6, 
the Parties may decide whether:
(i) adjustments to the ozone depleting potentials 
specified in Annex A should be made and, if so, what the 
adjustments should be; and 
(ii) further adjustments and reductions of production or 
consumption of the controlled substances from 1986 
levels should be undertaken and, if so, what the scope, 
amount and timing of any such adjustments and reductions 
should be.

(b) Proposals for such adjustments shall be communicated 
to the Parties by the secretariat at least six months 
before the meeting of the Parties at which they are 
proposed for adoption.

(c) In taking such decisions, the Parties shall make 
every effort to reach agreement by consensus. If all 
efforts at consensus have been exhausted, and no 
agreement reached, such decisions shall, as a last 
resort, be adopted by a two-thirds majority vote of the 
Parties present and voting representing at least fifty 
per cent of the total consumption of the controlled 
substances of the Parties. 

(d) The decisions, which shall be binding on all 
Parties, shall forthwith be communicated to the Parties 
by the Depositary. Unless otherwise provided in the 
decisions, they shall enter into force on the expiry of 
six months from the date of the circulation of the 
communication by the Depositary.

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

(b) Any such decision shall become effective, provided 
that it has been accepted by a two-thirds majority vote 
of the Parties present and voting.

11. Notwithstanding the provisions contained in this 
Article, Parties may take more stringent measures than 
those required by this Article.

Article 3
Calculation of Control Levels

For the purposes of Articles 2 and 5, each Party shall, 
for each Group of substances in Annex A, determine its 
calculated levels of: 

(a) production by:
(i) multiplying its annual production of each controlled 
substance by the ozone depleting potential specified in 
respect of it in Annex A; and
(ii) adding together, for each such Group, the resulting 
figures; 

(b) imports and exports, respectively, by following, 
mutatis mutandis, the procedure set out in subparagraph 
(a); and

(c) consumption by adding together its calculated levels 
of production and imports and subtracting its calculated 
level of exports as determined in accordance with 
subparagraphs (a) and (b). However, beginning on 1 
January 1993, any export of controlled substances to 
non-Parties shall not be subtracted in calculating the 
consumption level of the exporting Party.

Article 4
Control of Trade with Non-Parties

1. Within one year of the entry into force of this 
Protocol, each Party shall ban the import of controlled 
substances from any State not party to this Protocol.

2. Beginning on 1 January 1993, no Party operating under 
paragraph 1 of Article 5 may export any controlled 
substance to any State not party to this Protocol.

3. Within three years of the date of the entry into 
force of this Protocol, the Parties shall, following the 
procedures in Article 10 of the Convention, elaborate in 
an annex a list of products containing controlled 
substances. 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. Within five years of the entry into force of this 
Protocol, 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. 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 
it 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 shall discourage the export, to any State 
not party to this Protocol, of technology for producing 
and for utilizing controlled substances.

6. Each Party shall refrain from providing new 
subsidies, aid, credits, guarantees or insurance 
programmes for the export to States not party to this 
Protocol of products, equipment, plants or technology 
that would facilitate the production of controlled 
substances.

7. Paragraphs 5 and 6 shall not apply to products, 
equipment, plants or technology that improve the 
containment, recovery, recycling or destruction of 
controlled substances, promote the development of 
alternative substances, or otherwise contribute to the 
reduction of emissions of controlled substances.

8. Notwithstanding the provisions of this Article, 
imports referred to in paragraphs 1, 3 and 4 may be 
permitted from 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 and this 
Article, and has submitted data to that effect as 
specified in Article 7.

Article 5
Special Situation of Developing Countries

1. Any Party that is a developing country and whose 
annual calculated level of consumption of the controlled 
substances 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 within ten years of the date of 
entry into force of the Protocol shall, in order to meet 
its basic domestic needs, be entitled to delay its 
compliance with the control measures set out in 
paragraphs 1 to 4 of Article 2 by ten years after that 
specified in those paragraphs. However, such Party shall 
not exceed an annual calculated level of consumption of 
0.3 kilograms per capita. Any such Party shall be 
entitled to use 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 its compliance with the control measures.

2. The Parties undertake to facilitate access to 
environmentally safe alternative substances and 
technology for Parties that are developing countries and 
assist them to make expeditious use of such 
alternatives.

3. The Parties undertake to facilitate bilaterally or 
multilaterally the provision of subsidies, aid, credits, 
guarantees or insurance programmes to Parties that are 
developing countries for the use of alternative 
technology and for substitute products.

Article 6
Assessment and Review of Control Measures

Beginning in 1990, and at least every four years 
thereafter, the Parties shall assess the control 
measures provided for in Article 2 on the basis of 
available scientific, environmental, technical and 
economic information. At least one year before each 
assessment, the Parties shall convene appropriate panels 
of experts qualified in the fields mentioned and 
determine the composition and terms of reference of any 
such panels. Within one year of being convened, 
the panels will report their conclusions, through the 
secretariat, to the Parties.

Article 7
Reporting of Data

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 for the year 1986, or the best 
possible estimates of such data where actual data are 
not available.

2. Each Party shall provide statistical data to the 
secretariat on its annual production (with separate data 
on amounts destroyed by technologies to be approved by 
the Parties), imports, and exports to Parties and non-
Parties, respectively, of such substances for the year 
during which it becomes a Party and for each year 
thereafter. It shall forward the data no later than nine 
months after the end of the year to which the data 
relate.

Article 8
Non-Compliance

The Parties, at their first meeting, shall consider and 
approve procedures and institutional mechanisms for 
determining non-compliance with the provisions of this 
Protocol and for treatment of Parties found to be in 
non-compliance.

Article 9
Research, Development, Public Awareness and Exchange of 
Information

1. The Parties shall co-operate, consistent with their 
national laws, regulations and practices and taking into 
account in particular the needs of developing countries, 
in promoting, directly or through competent 
international bodies, research, development and 
exchange of information on:

(a) best technologies for improving the containment, 
recovery, recycling or destruction of controlled 
substances or otherwise reducing their emissions;

(b) possible alternatives to controlled substances, to 
products containing such substances, and to products 
manufactured with them; and

(c) costs and benefits of relevant control strategies.

2. The Parties, individually, jointly or through 
competent international bodies, shall co-operate in 
promoting public awareness of the environmental effects 
of the emissions of controlled substances and other 
substances that deplete the ozone layer.

3. Within two years of the entry into force of this 
Protocol and every two years thereafter, each Party 
shall submit to the secretariat a summary of the 
activities it has conducted pursuant to this Article.
Article 10
Technical Assistance

1. The Parties shall, in the context of the provisions 
of Article 4 of the Convention, and taking into account 
in particular the needs of developing countries, co-
operate in promoting technical assistance to facilitate 
participation in and implementation of this Protocol. 

2. Any Party or Signatory to this Protocol may submit a 
request to the secretariat for technical assistance for 
the purposes of implementing or participating in the 
Protocol.

3. The Parties, at their first meeting, shall begin 
deliberations on the means of fulfilling the obligations 
set out in Article 9, and paragraphs 1 and 2 of this 
Article, including the preparation of workplans. Such 
workplans shall pay special attention to the needs and 
circumstances of the developing countries. States and 
regional economic integration organizations not party to 
the Protocol should be encouraged to participate in 
activities specified in such workplans.

Article 11
Meetings of the Parties

1. The Parties shall hold meetings at regular intervals. 
The secretariat shall convene the first meeting of the 
Parties not later than one year after the date of the 
entry into force of this Protocol and in conjunction 
with a meeting of the Conference of the Parties to the 
Convention, if a meeting of the latter is scheduled 
within that period.

2. Subsequent ordinary meetings of the Parties shall be 
held, unless the Parties otherwise decide, in 
conjunction with meetings of the Conference of the 
Parties to the Convention. Extraordinary meetings of the 
Parties shall be held at such other times as may be 
deemed necessary by a meeting of the Parties, or at the 
written request of any Party, provided that, within six 
months of such a request being communicated to them by 
the secretariat, it is supported by at least one third 
of the Parties.

3. The Parties, at their first meeting, shall:

(a) adopt by consensus rules of procedure for their 
meetings;

(b) adopt by consensus the financial rules referred to 
in paragraph 2 of Article 13;

(c) establish the panels and determine the terms of 
reference referred to in Article 6;

(d) consider and approve the procedures and 
institutional mechanisms specified in Article 8; and

(e) begin preparation of workplans pursuant to paragraph 
3 of Article 10;

4. The functions of the meetings of the Parties shall be 
to:

(a) review the implementation of this Protocol;

(b) decide on any adjustments or reductions referred to 
in paragraph 9 of Article 2;

(c) decide on any addition to, insertion in or removal 
from any annex of substances and on related control 
measures in accordance with paragraph 10 of Article 2;

(d) establish, where necessary, guidelines or procedures 
for reporting of information as provided for in Article 
7 and paragraph 3 of Article 9;

(e) review requests for technical assistance submitted 
pursuant to paragraph 2 of Article 10;

(f) review reports prepared by the secretariat pursuant 
to subparagraph (c) of Article 12;

(g) assess, in accordance with Article 6, the control 
measures provided for in Article 2;

(h) consider and adopt, as required, proposals for 
amendment of this Protocol or any annex and for any new 
annex;

(i) consider and adopt the budget for implementing this 
Protocol; and

(j) consider and undertake any additional action that 
may be required for the achievement of the purposes of 
this Protocol.

5. The United Nations, its specialized agencies and the 
International Atomic Energy Agency, as well as any State 
not party to this Protocol, may be represented at 
meetings of the Parties as observers. Any body or 
agency, whether national or international, governmental 
or non-governmental, qualified in fields relating to the 
protection of the ozone layer which has informed the 
secretariat of its wish to be represented at a meeting 
of the Parties as an observer may be admitted unless at 
least one third of the Parties present object. The 
admission and participation of observers shall be 
subject to the rules of procedure adopted by the 
Parties.

Article 12
Secretariat

For the purposes of this Protocol, the secretariat 
shall:

(a) arrange for and service meetings of the Parties as 
provided for in Article 11;

(b) receive and make available, upon request by a Party, 
data provided pursuant to Article 7;

(c) prepare and distribute regularly to the Parties 
reports based on information received pursuant to 
Articles 7 and 9;

(d) notify the Parties of any request for technical 
assistance received pursuant to Article 10 so as to 
facilitate the provision of such assistance;

(e) encourage non-Parties to attend the meetings of the 
Parties as observers and to act in accordance with the 
provisions of this Protocol;

(f) provide, as appropriate, the information and 
requests referred to in subparagraphs (c) and (d) to 
such non-party observers; and 

(g) perform such other functions for the achievement of 
the purposes of this Protocol as may be assigned to it 
by the Parties.

Article 13
Financial Provisions

1. The funds required for the operation of this 
Protocol, including those for the functioning of the 
secretariat related to this Protocol shall be charged 
exclusively against contributions from the Parties.

2. The Parties, at their first meeting, shall adopt by 
consensus financial rules for the operation of this 
Protocol.

Article 14
Relationship of this Protocol to the Convention

Except as otherwise provided in this Protocol, the 
provisions of the Convention relating to its protocols 
shall apply to this Protocol.

Article 15
Signature

This Protocol shall be open for signature by States and 
by regional economic integration organizations in 
Montreal on 16 September 1987, in Ottawa from 17 
September 1987 to 16 January 1988, and at United Nations 
Headquarters in New York from 17 January 1988 to 15 
September 1988.

Article 16
Entry into Force

1. This Protocol shall enter into force on 1 January 
1989, provided that at least eleven instruments of 
ratification, acceptance, approval of the Protocol or 
accession thereto have been deposited by States or 
regional economic integration organizations representing 
at least two-thirds of 1986 estimated global consumption 
of the controlled substances, and the provisions of 
paragraph 1 of Article 17 of the Convention have been 
fulfilled. In the event that these conditions have not 
been fulfilled by that date, the Protocol shall enter 
into force on the ninetieth day following the date on 
which the conditions have been fulfilled.

2. For the purposes of paragraph 1, any such instrument 
deposited by a regional economic integration 
organization shall not be counted as additional to those 
deposited by member States of such organization.

3. After the entry into force of this Protocol, any 
State or regional economic integration organization 
shall become a Party to it on the ninetieth day 
following the date of deposit of its instrument of 
ratification, acceptance, approval or accession.

Article 17
Parties Joining after Entry into Force

Subject to Article 5, any State or regional economic 
integration organization which becomes a Party to this 
Protocol after the date of its entry into force, shall 
fulfill forthwith the sum of the obligations under 
Article 2, as well as under Article 4, that apply at 
that date to the States and regional economic 
integration organizations that became Parties on the 
date the Protocol entered into force.

Article 18
Reservations

No reservations may be made to this Protocol.

Article 19
Withdrawal

For the purposes of this Protocol, the provisions of 
Article 19 of the Convention relating to withdrawal 
shall apply, except with respect to Parties referred to 
in paragraph 1 of Article 5. Any such Party may withdraw 
from this Protocol by giving written notification to the 
Depositary at any time after four years of assuming the 
obligations specified in paragraphs 1 to 4 of Article 2. 
Any such withdrawal shall take effect upon expiry of one 
year after the date of its receipt by the Depositary, or 
on such later date as may be specified in the 
notification of the withdrawal.

Article 20
Authentic Texts

The original of this Protocol, of which the Arabic, 
Chinese, English, French, Russian and Spanish texts are 
equally authentic shall be deposited with the Secretary-
General of the United Nations.

In witness whereof the undersigned, being duly 
authorized to that effect, have signed this Protocol.
Done at Montreal this sixteenth day of September, one 
thousand nine hundred and eighty-seven.

Annex A
Controlled Substances
omissis.














This data access service is provided by the Center for International Earth Science Information Network (CIESIN), which operates the Socioeconomic Data and Applications Center (SEDAC) for the U.S. National Aeronautics and Space Administration (NASA).


Environmental Treaties and Resource Indicators (ENTRI) -- Full Text




Summary of the "Montreal Protocol on Substances that Deplete the Ozone Layer" is available from the UNEP Register of International Treaties and Other Agreements in the Field of the Environment.




See the ENTRI query system for information about the status of this treaty.


See the ENTRI thematic guide for more information about the relationships between environmental treaties, national resource indicators, and remotely sensed data.



Protocol on Substances that Deplete the Ozone Layer
(Montreal, 16 September 1987)

The Parties to this Protocol,

Being Parties to the Vienna Convention for the 
Protection of the Ozone Layer,

Mindful of their obligation under that Convention to 
take appropriate measures to protect human health and 
the environment against adverse effects resulting or 
likely to result from human activities which modify or 
are likely to modify the ozone layer, Recognizing that 
world-wide emissions of certain substances can 
significantly deplete and otherwise modify the ozone 
layer in a manner that is likely to result in adverse 
effects on human health and the environment,

Conscious of the potential climatic effects of emissions 
of these substances,

Aware that measures taken to protect the ozone layer 
from depletion should be based on relevant scientific 
knowledge, taking into account technical and economic 
considerations,

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,

Acknowledging that special provision is required to meet 
the needs of developing countries for these substances,

Noting the precautionary measures for controlling 
emissions of certain chlorofluorocarbons that have 
already been taken at national and regional levels,

Considering the importance of promoting international 
co-operation in the research and development of science 
and technology 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,

Have agreed as follows:

Article 1
Definitions

For the purposes of this Protocol:

1. "Convention" means the Vienna Convention for the 
Protection of the Ozone Layer, adopted on 22 March 1985.

2. "Parties" means, unless the text otherwise indicates, 
Parties to this Protocol.

3. "Secretariat" means the secretariat of the 
Convention.

4. "Controlled substance" means a substance listed in 
Annex A to this Protocol, whether existing alone or in a 
mixture. It excludes, however, any such substance or 
mixture which is in a manufactured product other than a 
container used for the transportation or storage of the 
substance listed.

5. "Production" means the amount of controlled 
substances produced minus the amount destroyed by 
technologies to be approved by the Parties.

6. "Consumption" means production plus imports minus 
exports of controlled substances.

7. "Calculated levels" of production, imports, exports 
and consumption means levels determined in accordance 
with Article 3. 

8. "Industrial rationalization" means the transfer of 
all or a portion of the calculated level of production 
of one Party to another, for the purpose of achieving 
economic efficiencies or responding to anticipated 
shortfalls in supply as a result of plant closures.

Article 2
Control Measures

1. Each Party shall ensure that for the twelve-month 
period commencing on the first day of the seventh month 
following the date of the entry into force of this 
Protocol, and in each twelve-month period thereafter, 
its calculated level of consumption of the controlled 
substances in Group I of Annex A does not exceed its 
calculated level of consumption in 1986. By the end of 
the same period, each Party producing one or more of 
these substances shall ensure that its calculated level 
of production of the substances does not exceed its 
calculated level of production in 1986, except that such 
level may have increased by no more than ten per cent 
based on the 1986 level. Such increase shall be 
permitted only so as to satisfy the basic domestic needs 
of the Parties operating under Article 5 and for the 
purposes of industrial rationalization between Parties.

2. Each Party shall ensure that for the twelve-month 
period commencing on the first day of the thirty-seventh 
month following the date of the entry into force of this 
Protocol, and in each twelve-month period thereafter, 
its calculated level of consumption of the controlled 
substances listed in Group II of Annex A does not exceed 
its calculated level of consumption in 1986. Each Party 
producing one or more of these substances shall ensure 
that its calculated level of production of the 
substances does not exceed its calculated level of 
production in 1986, except that such level may have 
increased by no more than ten per cent based on the 1986 
level. Such increase shall be permitted only so as to 
satisfy the basic domestic needs of the Parties 
operating under Article 5 and for the purposes of 
industrial rationalization between Parties. The 
mechanisms for implementing these measures shall be 
decided by the Parties at their first meeting following 
the first scientific review.

3. Each Party shall ensure that for the period 1 July 
1993 to 30 June 1994 and in each twelve-month period 
thereafter, its calculated level of consumption of the 
controlled substances in Group I of Annex A does not 
exceed, annually, eighty 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, eighty per cent of 
its calculated level of production in 1986. However, in 
order to satisfy the basic domestic needs of the Parties 
operating under Article 5 and for the purposes of 
industrial rationalization between Parties, its 
calculated level of production may exceed that limit by 
up to ten per cent of its calculated level of production 
in 1986.

4. Each Party shall ensure that for the period 1 July 
1998 to 30 June 1999, 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 Article 5 and for the purposes of 
industrial rationalization between Parties, 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 unless the 
Parties decide otherwise at a meeting by a two-thirds 
majority of Parties present and voting, representing at 
least two-thirds of the total calculated level of 
consumption of these substances of the Parties. This 
decision shall be considered and made in the light of 
the assessments referred to in Article 6.

5. Any Party whose calculated level of production in 
1986 of the controlled substances in Group I of Annex A 
was less than twenty-five kilotonnes may, for the 
purposes of industrial rationalization, transfer to or 
receive from any other Party, production in excess of 
the limits set out in paragraphs 1, 3 and 4 
provided that the total combined calculated levels of 
production of the Parties concerned does not exceed the 
production limits set out in this Article. Any transfer 
of such production shall be notified to the secretariat, 
no later than the time of the transfer.

6. Any Party not operating under Article 5, that has 
facilities for the production of controlled substances 
under construction, or contracted for, prior to 16 
September 1987, and provided for in national legislation 
prior to 1 January 1987, may add the production from 
such facilities to its 1986 production of such 
substances for the purposes of determining its 
calculated level of production for 1986, provided that 
such facilities are completed by 31 December 1990 and 
that such production does not raise that Party's annual 
calculated level of consumption of the controlled 
substances above 0.5 kilograms per capita.

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

8. 
(a) Any Parties which are Member States of a regional 
economic integration organization as defined in Article 
1 (6) of the Convention may agree that they shall 
jointly fulfill their obligations respecting consumption 
under this Article provided that their total combined 
calculated level of consumption does not exceed the 
levels required by this Article.

(b) The Parties to any such agreement shall inform the 
secretariat of the terms of the agreement before the 
date of the reduction in consumption with which the 
agreement is concerned.

(c) Such agreement will become operative only if all 
Member States of the regional economic integration 
organization and the organization concerned are Parties 
to the Protocol and have notified the secretariat of 
their manner of implementation.

9. 
(a) Based on the assessments made pursuant to Article 6, 
the Parties may decide whether:
(i) adjustments to the ozone depleting potentials 
specified in Annex A should be made and, if so, what the 
adjustments should be; and 
(ii) further adjustments and reductions of production or 
consumption of the controlled substances from 1986 
levels should be undertaken and, if so, what the scope, 
amount and timing of any such adjustments and reductions 
should be.

(b) Proposals for such adjustments shall be communicated 
to the Parties by the secretariat at least six months 
before the meeting of the Parties at which they are 
proposed for adoption.

(c) In taking such decisions, the Parties shall make 
every effort to reach agreement by consensus. If all 
efforts at consensus have been exhausted, and no 
agreement reached, such decisions shall, as a last 
resort, be adopted by a two-thirds majority vote of the 
Parties present and voting representing at least fifty 
per cent of the total consumption of the controlled 
substances of the Parties. 

(d) The decisions, which shall be binding on all 
Parties, shall forthwith be communicated to the Parties 
by the Depositary. Unless otherwise provided in the 
decisions, they shall enter into force on the expiry of 
six months from the date of the circulation of the 
communication by the Depositary.

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

(b) Any such decision shall become effective, provided 
that it has been accepted by a two-thirds majority vote 
of the Parties present and voting.

11. Notwithstanding the provisions contained in this 
Article, Parties may take more stringent measures than 
those required by this Article.

Article 3
Calculation of Control Levels

For the purposes of Articles 2 and 5, each Party shall, 
for each Group of substances in Annex A, determine its 
calculated levels of: 

(a) production by:
(i) multiplying its annual production of each controlled 
substance by the ozone depleting potential specified in 
respect of it in Annex A; and
(ii) adding together, for each such Group, the resulting 
figures; 

(b) imports and exports, respectively, by following, 
mutatis mutandis, the procedure set out in subparagraph 
(a); and

(c) consumption by adding together its calculated levels 
of production and imports and subtracting its calculated 
level of exports as determined in accordance with 
subparagraphs (a) and (b). However, beginning on 1 
January 1993, any export of controlled substances to 
non-Parties shall not be subtracted in calculating the 
consumption level of the exporting Party.

Article 4
Control of Trade with Non-Parties

1. Within one year of the entry into force of this 
Protocol, each Party shall ban the import of controlled 
substances from any State not party to this Protocol.

2. Beginning on 1 January 1993, no Party operating under 
paragraph 1 of Article 5 may export any controlled 
substance to any State not party to this Protocol.

3. Within three years of the date of the entry into 
force of this Protocol, the Parties shall, following the 
procedures in Article 10 of the Convention, elaborate in 
an annex a list of products containing controlled 
substances. 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. Within five years of the entry into force of this 
Protocol, 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. 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 
it 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 shall discourage the export, to any State 
not party to this Protocol, of technology for producing 
and for utilizing controlled substances.

6. Each Party shall refrain from providing new 
subsidies, aid, credits, guarantees or insurance 
programmes for the export to States not party to this 
Protocol of products, equipment, plants or technology 
that would facilitate the production of controlled 
substances.

7. Paragraphs 5 and 6 shall not apply to products, 
equipment, plants or technology that improve the 
containment, recovery, recycling or destruction of 
controlled substances, promote the development of 
alternative substances, or otherwise contribute to the 
reduction of emissions of controlled substances.

8. Notwithstanding the provisions of this Article, 
imports referred to in paragraphs 1, 3 and 4 may be 
permitted from 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 and this 
Article, and has submitted data to that effect as 
specified in Article 7.

Article 5
Special Situation of Developing Countries

1. Any Party that is a developing country and whose 
annual calculated level of consumption of the controlled 
substances 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 within ten years of the date of 
entry into force of the Protocol shall, in order to meet 
its basic domestic needs, be entitled to delay its 
compliance with the control measures set out in 
paragraphs 1 to 4 of Article 2 by ten years after that 
specified in those paragraphs. However, such Party shall 
not exceed an annual calculated level of consumption of 
0.3 kilograms per capita. Any such Party shall be 
entitled to use 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 its compliance with the control measures.

2. The Parties undertake to facilitate access to 
environmentally safe alternative substances and 
technology for Parties that are developing countries and 
assist them to make expeditious use of such 
alternatives.

3. The Parties undertake to facilitate bilaterally or 
multilaterally the provision of subsidies, aid, credits, 
guarantees or insurance programmes to Parties that are 
developing countries for the use of alternative 
technology and for substitute products.

Article 6
Assessment and Review of Control Measures

Beginning in 1990, and at least every four years 
thereafter, the Parties shall assess the control 
measures provided for in Article 2 on the basis of 
available scientific, environmental, technical and 
economic information. At least one year before each 
assessment, the Parties shall convene appropriate panels 
of experts qualified in the fields mentioned and 
determine the composition and terms of reference of any 
such panels. Within one year of being convened, 
the panels will report their conclusions, through the 
secretariat, to the Parties.

Article 7
Reporting of Data

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 for the year 1986, or the best 
possible estimates of such data where actual data are 
not available.

2. Each Party shall provide statistical data to the 
secretariat on its annual production (with separate data 
on amounts destroyed by technologies to be approved by 
the Parties), imports, and exports to Parties and non-
Parties, respectively, of such substances for the year 
during which it becomes a Party and for each year 
thereafter. It shall forward the data no later than nine 
months after the end of the year to which the data 
relate.

Article 8
Non-Compliance

The Parties, at their first meeting, shall consider and 
approve procedures and institutional mechanisms for 
determining non-compliance with the provisions of this 
Protocol and for treatment of Parties found to be in 
non-compliance.

Article 9
Research, Development, Public Awareness and Exchange of 
Information

1. The Parties shall co-operate, consistent with their 
national laws, regulations and practices and taking into 
account in particular the needs of developing countries, 
in promoting, directly or through competent 
international bodies, research, development and 
exchange of information on:

(a) best technologies for improving the containment, 
recovery, recycling or destruction of controlled 
substances or otherwise reducing their emissions;

(b) possible alternatives to controlled substances, to 
products containing such substances, and to products 
manufactured with them; and

(c) costs and benefits of relevant control strategies.

2. The Parties, individually, jointly or through 
competent international bodies, shall co-operate in 
promoting public awareness of the environmental effects 
of the emissions of controlled substances and other 
substances that deplete the ozone layer.

3. Within two years of the entry into force of this 
Protocol and every two years thereafter, each Party 
shall submit to the secretariat a summary of the 
activities it has conducted pursuant to this Article.
Article 10
Technical Assistance

1. The Parties shall, in the context of the provisions 
of Article 4 of the Convention, and taking into account 
in particular the needs of developing countries, co-
operate in promoting technical assistance to facilitate 
participation in and implementation of this Protocol. 

2. Any Party or Signatory to this Protocol may submit a 
request to the secretariat for technical assistance for 
the purposes of implementing or participating in the 
Protocol.

3. The Parties, at their first meeting, shall begin 
deliberations on the means of fulfilling the obligations 
set out in Article 9, and paragraphs 1 and 2 of this 
Article, including the preparation of workplans. Such 
workplans shall pay special attention to the needs and 
circumstances of the developing countries. States and 
regional economic integration organizations not party to 
the Protocol should be encouraged to participate in 
activities specified in such workplans.

Article 11
Meetings of the Parties

1. The Parties shall hold meetings at regular intervals. 
The secretariat shall convene the first meeting of the 
Parties not later than one year after the date of the 
entry into force of this Protocol and in conjunction 
with a meeting of the Conference of the Parties to the 
Convention, if a meeting of the latter is scheduled 
within that period.

2. Subsequent ordinary meetings of the Parties shall be 
held, unless the Parties otherwise decide, in 
conjunction with meetings of the Conference of the 
Parties to the Convention. Extraordinary meetings of the 
Parties shall be held at such other times as may be 
deemed necessary by a meeting of the Parties, or at the 
written request of any Party, provided that, within six 
months of such a request being communicated to them by 
the secretariat, it is supported by at least one third 
of the Parties.

3. The Parties, at their first meeting, shall:

(a) adopt by consensus rules of procedure for their 
meetings;

(b) adopt by consensus the financial rules referred to 
in paragraph 2 of Article 13;

(c) establish the panels and determine the terms of 
reference referred to in Article 6;

(d) consider and approve the procedures and 
institutional mechanisms specified in Article 8; and

(e) begin preparation of workplans pursuant to paragraph 
3 of Article 10;

4. The functions of the meetings of the Parties shall be 
to:

(a) review the implementation of this Protocol;

(b) decide on any adjustments or reductions referred to 
in paragraph 9 of Article 2;

(c) decide on any addition to, insertion in or removal 
from any annex of substances and on related control 
measures in accordance with paragraph 10 of Article 2;

(d) establish, where necessary, guidelines or procedures 
for reporting of information as provided for in Article 
7 and paragraph 3 of Article 9;

(e) review requests for technical assistance submitted 
pursuant to paragraph 2 of Article 10;

(f) review reports prepared by the secretariat pursuant 
to subparagraph (c) of Article 12;

(g) assess, in accordance with Article 6, the control 
measures provided for in Article 2;

(h) consider and adopt, as required, proposals for 
amendment of this Protocol or any annex and for any new 
annex;

(i) consider and adopt the budget for implementing this 
Protocol; and

(j) consider and undertake any additional action that 
may be required for the achievement of the purposes of 
this Protocol.

5. The United Nations, its specialized agencies and the 
International Atomic Energy Agency, as well as any State 
not party to this Protocol, may be represented at 
meetings of the Parties as observers. Any body or 
agency, whether national or international, governmental 
or non-governmental, qualified in fields relating to the 
protection of the ozone layer which has informed the 
secretariat of its wish to be represented at a meeting 
of the Parties as an observer may be admitted unless at 
least one third of the Parties present object. The 
admission and participation of observers shall be 
subject to the rules of procedure adopted by the 
Parties.

Article 12
Secretariat

For the purposes of this Protocol, the secretariat 
shall:

(a) arrange for and service meetings of the Parties as 
provided for in Article 11;

(b) receive and make available, upon request by a Party, 
data provided pursuant to Article 7;

(c) prepare and distribute regularly to the Parties 
reports based on information received pursuant to 
Articles 7 and 9;

(d) notify the Parties of any request for technical 
assistance received pursuant to Article 10 so as to 
facilitate the provision of such assistance;

(e) encourage non-Parties to attend the meetings of the 
Parties as observers and to act in accordance with the 
provisions of this Protocol;

(f) provide, as appropriate, the information and 
requests referred to in subparagraphs (c) and (d) to 
such non-party observers; and 

(g) perform such other functions for the achievement of 
the purposes of this Protocol as may be assigned to it 
by the Parties.

Article 13
Financial Provisions

1. The funds required for the operation of this 
Protocol, including those for the functioning of the 
secretariat related to this Protocol shall be charged 
exclusively against contributions from the Parties.

2. The Parties, at their first meeting, shall adopt by 
consensus financial rules for the operation of this 
Protocol.

Article 14
Relationship of this Protocol to the Convention

Except as otherwise provided in this Protocol, the 
provisions of the Convention relating to its protocols 
shall apply to this Protocol.

Article 15
Signature

This Protocol shall be open for signature by States and 
by regional economic integration organizations in 
Montreal on 16 September 1987, in Ottawa from 17 
September 1987 to 16 January 1988, and at United Nations 
Headquarters in New York from 17 January 1988 to 15 
September 1988.

Article 16
Entry into Force

1. This Protocol shall enter into force on 1 January 
1989, provided that at least eleven instruments of 
ratification, acceptance, approval of the Protocol or 
accession thereto have been deposited by States or 
regional economic integration organizations representing 
at least two-thirds of 1986 estimated global consumption 
of the controlled substances, and the provisions of 
paragraph 1 of Article 17 of the Convention have been 
fulfilled. In the event that these conditions have not 
been fulfilled by that date, the Protocol shall enter 
into force on the ninetieth day following the date on 
which the conditions have been fulfilled.

2. For the purposes of paragraph 1, any such instrument 
deposited by a regional economic integration 
organization shall not be counted as additional to those 
deposited by member States of such organization.

3. After the entry into force of this Protocol, any 
State or regional economic integration organization 
shall become a Party to it on the ninetieth day 
following the date of deposit of its instrument of 
ratification, acceptance, approval or accession.

Article 17
Parties Joining after Entry into Force

Subject to Article 5, any State or regional economic 
integration organization which becomes a Party to this 
Protocol after the date of its entry into force, shall 
fulfill forthwith the sum of the obligations under 
Article 2, as well as under Article 4, that apply at 
that date to the States and regional economic 
integration organizations that became Parties on the 
date the Protocol entered into force.

Article 18
Reservations

No reservations may be made to this Protocol.

Article 19
Withdrawal

For the purposes of this Protocol, the provisions of 
Article 19 of the Convention relating to withdrawal 
shall apply, except with respect to Parties referred to 
in paragraph 1 of Article 5. Any such Party may withdraw 
from this Protocol by giving written notification to the 
Depositary at any time after four years of assuming the 
obligations specified in paragraphs 1 to 4 of Article 2. 
Any such withdrawal shall take effect upon expiry of one 
year after the date of its receipt by the Depositary, or 
on such later date as may be specified in the 
notification of the withdrawal.

Article 20
Authentic Texts

The original of this Protocol, of which the Arabic, 
Chinese, English, French, Russian and Spanish texts are 
equally authentic shall be deposited with the Secretary-
General of the United Nations.

In witness whereof the undersigned, being duly 
authorized to that effect, have signed this Protocol.
Done at Montreal this sixteenth day of September, one 
thousand nine hundred and eighty-seven.

Annex A
Controlled Substances
omissis.