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

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

ADJUSTMENTS AND AMENDMENT TO THE MONTREAL PROTOCOL 
ON SUBSTANCES THAT DEPLETE THE OZONE LAYER
(London 23 June 1990)

The Second Meeting of the Parties to the Montreal 
Protocol on Substances that Deplete the Ozone Layer 
decides, on the basis of assessments made pursuant to 
Article 6 of the Protocol, to adopt adjustments and 
reductions of production and consumption of the 
controlled substances in Annex A to the Protocol, as 
follows, with the understanding that:

(a) References in Article 2 to "this Article" and 
throughout the Protocol to "Article 2" shall be 
interpreted as references to Articles 2, 2A and 2B;

(b) References throughout the Protocol to "paragraphs 1 
to 4 of Article 2" shall be interpreted as references to 
Articles 2A and 2B; and

(c) The reference in paragraph 5 of Article 2 to 
"paragraphs 1, 3 and 4" shall be interpreted as a 
reference to Article 2A.

A. Article 2A: CFCs

Paragraph 1 of Article 2 of the Protocol shall become 
paragraph 1 of Article 2A, which shall be entitled 
"Article 2A: CFCs". 

Paragraphs 3 and 4 of Article 2 shall be replaced by the 
following paragraphs, which shall be numbered paragraphs 
2 to 6 of Article 2A:

2.Each Party shall ensure that for the period from 1 
July 1991 to 31 December 1992 its calculated levels of 
consumption and production of the controlled substances 
in Group I of Annex A do not exceed 150 per cent of its 
calculated levels of production and consumption of those 
substances in 1986; with effect from 1 January 1993, the 
twelve-month control period for these controlled 
substances shall run from 1 January to 31 December each 
year.

3. Each Party shall ensure that for the twelve-month 
period thereafter, its calculated level of consumption 
of the controlled substances in Group I of Annex A does 
not exceed, annually, fifty per cent of its calculated 
level of consumption in 1986. Each Party producing one 
or more of these substances shall, for the same periods, 
ensure that its calculated level of production of the 
substances does not exceed, annually, fifty per cent of 
its calculated level of production in 1986. However, in 
order to satisfy the basic domestic needs of the Parties 
operating under paragraph 1 of Article 5, its calculated 
level of production may exceed that limit by up to ten 
per cent of its calculated level of production in 1986.

4. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 1997, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substances in Group I of 
Annex A does not exceed, annually, fifteen per cent of 
its calculated level of consumption in 1986. Each Party 
producing one or more of these substances shall, for the 
same periods, ensure that its calculated level of 
production of the substances does not exceed, annually





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




No summary of this treaty is available.
 



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.



ADJUSTMENTS AND AMENDMENT TO THE MONTREAL PROTOCOL 
ON SUBSTANCES THAT DEPLETE THE OZONE LAYER
(London 23 June 1990)

The Second Meeting of the Parties to the Montreal 
Protocol on Substances that Deplete the Ozone Layer 
decides, on the basis of assessments made pursuant to 
Article 6 of the Protocol, to adopt adjustments and 
reductions of production and consumption of the 
controlled substances in Annex A to the Protocol, as 
follows, with the understanding that:

(a) References in Article 2 to "this Article" and 
throughout the Protocol to "Article 2" shall be 
interpreted as references to Articles 2, 2A and 2B;

(b) References throughout the Protocol to "paragraphs 1 
to 4 of Article 2" shall be interpreted as references to 
Articles 2A and 2B; and

(c) The reference in paragraph 5 of Article 2 to 
"paragraphs 1, 3 and 4" shall be interpreted as a 
reference to Article 2A.

A. Article 2A: CFCs

Paragraph 1 of Article 2 of the Protocol shall become 
paragraph 1 of Article 2A, which shall be entitled 
"Article 2A: CFCs". 

Paragraphs 3 and 4 of Article 2 shall be replaced by the 
following paragraphs, which shall be numbered paragraphs 
2 to 6 of Article 2A:

2.Each Party shall ensure that for the period from 1 
July 1991 to 31 December 1992 its calculated levels of 
consumption and production of the controlled substances 
in Group I of Annex A do not exceed 150 per cent of its 
calculated levels of production and consumption of those 
substances in 1986; with effect from 1 January 1993, the 
twelve-month control period for these controlled 
substances shall run from 1 January to 31 December each 
year.

3. Each Party shall ensure that for the twelve-month 
period thereafter, its calculated level of consumption 
of the controlled substances in Group I of Annex A does 
not exceed, annually, fifty per cent of its calculated 
level of consumption in 1986. Each Party producing one 
or more of these substances shall, for the same periods, 
ensure that its calculated level of production of the 
substances does not exceed, annually, fifty per cent of 
its calculated level of production in 1986. However, in 
order to satisfy the basic domestic needs of the Parties 
operating under paragraph 1 of Article 5, its calculated 
level of production may exceed that limit by up to ten 
per cent of its calculated level of production in 1986.

4. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 1997, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substances in Group I of 
Annex A does not exceed, annually, fifteen per cent of 
its calculated level of consumption in 1986. Each Party 
producing one or more of these substances shall, for the 
same periods, ensure that its calculated level of 
production of the substances does not exceed, annually, 
fifteen per cent of its calculated level of production 
in 1986. However, in order to satisfy the basic domestic 
needs of the Parties operating under paragraph 1 of 
Article 5, its calculated level of production may exceed 
that limit by up to ten per cent of its calculated level 
of production in 1986.

5. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 2000, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substances in Group I of 
Annex A does not exceed zero. Each Party producing one 
or more of these substances shall, for the same periods, 
ensure that its calculated level of production of the 
substances does not exceed zero. However, in order to 
satisfy the basic domestic needs of the Parties 
operating under paragraph 1 of Article 5, its calculated 
level of production may exceed that limit by up to 
fifteen per cent of its calculated level of production 
in 1986.

6. In 1992, the Parties will review the situation with 
the objective of accelerating the reduction schedule.

B. Article 2B: Halons

Paragraph 2 of Article 2 of the Protocol shall be 
replaced by the following paragraphs, which shall be 
numbered paragraphs 1 to 4 of Article 2B:

Article 2B: Halons

1. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 1992, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substances in Group II of 
Annex A does not exceed, annually, its calculated level 
of consumption in 1986. Each Party producing one or more 
of these substances shall, for the same period ensure 
that its calculated level of production of the 
substances does not exceed, annually, its calculated 
level of production in 1986. However, in order to 
satisfy the basic domestic needs of the Parties 
operating under paragraph 1 of Article 5, its calculated 
level of production may exceed that limit by up to ten 
per cent of its calculated level of production in 1986.

2. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 1995, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substances in Group II of 
Annex A does not exceed, annually, fifty per cent of its 
calculated level of consumption in 1986. Each Party 
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 these Parties operating under paragraph 1 of 
Article 5, its calculated level of production may exceed 
that limit by up to ten per cent of its calculated level 
of production in 1986. This paragraph will apply save to 
the extent that the Parties decide to permit the level 
of production or consumption that is necessary to 
satisfy essential uses for which no adequate 
alternatives are available.

3. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 2000, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substances in Group II of 
Annex A does not exceed zero. Each Party producing one 
or more of these substances shall, for the same periods, 
ensure that its calculated level of production of the 
substances does not exceed zero. However, in order to 
satisfy the basic domestic needs of these Parties 
operating under paragraph 1 of Article 5, its calculated 
level of production may exceed that limit by up to 
fifteen per cent of its calculated level of production 
in 1986. This paragraph will apply save to the extent 
that the Parties decide to permit the level of 
production or consumption that is necessary to satisfy 
essential uses for which no adequate alternatives are 
available.

4. By 1 January 1993, the Parties shall adopt a decision 
identifying essential uses, if any, for the purposes of 
paragraphs 2 and 3 of this Article. Suc





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




No summary of this treaty is available.
 



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.



ADJUSTMENTS AND AMENDMENT TO THE MONTREAL PROTOCOL 
ON SUBSTANCES THAT DEPLETE THE OZONE LAYER
(London 23 June 1990)

The Second Meeting of the Parties to the Montreal 
Protocol on Substances that Deplete the Ozone Layer 
decides, on the basis of assessments made pursuant to 
Article 6 of the Protocol, to adopt adjustments and 
reductions of production and consumption of the 
controlled substances in Annex A to the Protocol, as 
follows, with the understanding that:

(a) References in Article 2 to "this Article" and 
throughout the Protocol to "Article 2" shall be 
interpreted as references to Articles 2, 2A and 2B;

(b) References throughout the Protocol to "paragraphs 1 
to 4 of Article 2" shall be interpreted as references to 
Articles 2A and 2B; and

(c) The reference in paragraph 5 of Article 2 to 
"paragraphs 1, 3 and 4" shall be interpreted as a 
reference to Article 2A.

A. Article 2A: CFCs

Paragraph 1 of Article 2 of the Protocol shall become 
paragraph 1 of Article 2A, which shall be entitled 
"Article 2A: CFCs". 

Paragraphs 3 and 4 of Article 2 shall be replaced by the 
following paragraphs, which shall be numbered paragraphs 
2 to 6 of Article 2A:

2.Each Party shall ensure that for the period from 1 
July 1991 to 31 December 1992 its calculated levels of 
consumption and production of the controlled substances 
in Group I of Annex A do not exceed 150 per cent of its 
calculated levels of production and consumption of those 
substances in 1986; with effect from 1 January 1993, the 
twelve-month control period for these controlled 
substances shall run from 1 January to 31 December each 
year.

3. Each Party shall ensure that for the twelve-month 
period thereafter, its calculated level of consumption 
of the controlled substances in Group I of Annex A does 
not exceed, annually, fifty per cent of its calculated 
level of consumption in 1986. Each Party producing one 
or more of these substances shall, for the same periods, 
ensure that its calculated level of production of the 
substances does not exceed, annually, fifty per cent of 
its calculated level of production in 1986. However, in 
order to satisfy the basic domestic needs of the Parties 
operating under paragraph 1 of Article 5, its calculated 
level of production may exceed that limit by up to ten 
per cent of its calculated level of production in 1986.

4. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 1997, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substances in Group I of 
Annex A does not exceed, annually, fifteen per cent of 
its calculated level of consumption in 1986. Each Party 
producing one or more of these substances shall, for the 
same periods, ensure that its calculated level of 
production of the substances does not exceed, annually, 
fifteen per cent of its calculated level of production 
in 1986. However, in order to satisfy the basic domestic 
needs of the Parties operating under paragraph 1 of 
Article 5, its calculated level of production may exceed 
that limit by up to ten per cent of its calculated level 
of production in 1986.

5. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 2000, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substances in Group I of 
Annex A does not exceed zero. Each Party producing one 
or more of these substances shall, for the same periods, 
ensure that its calculated level of production of the 
substances does not exceed zero. However, in order to 
satisfy the basic domestic needs of the Parties 
operating under paragraph 1 of Article 5, its calculated 
level of production may exceed that limit by up to 
fifteen per cent of its calculated level of production 
in 1986.

6. In 1992, the Parties will review the situation with 
the objective of accelerating the reduction schedule.

B. Article 2B: Halons

Paragraph 2 of Article 2 of the Protocol shall be 
replaced by the following paragraphs, which shall be 
numbered paragraphs 1 to 4 of Article 2B:

Article 2B: Halons

1. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 1992, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substances in Group II of 
Annex A does not exceed, annually, its calculated level 
of consumption in 1986. Each Party producing one or more 
of these substances shall, for the same period ensure 
that its calculated level of production of the 
substances does not exceed, annually, its calculated 
level of production in 1986. However, in order to 
satisfy the basic domestic needs of the Parties 
operating under paragraph 1 of Article 5, its calculated 
level of production may exceed that limit by up to ten 
per cent of its calculated level of production in 1986.

2. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 1995, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substances in Group II of 
Annex A does not exceed, annually, fifty per cent of its 
calculated level of consumption in 1986. Each Party 
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 these Parties operating under paragraph 1 of 
Article 5, its calculated level of production may exceed 
that limit by up to ten per cent of its calculated level 
of production in 1986. This paragraph will apply save to 
the extent that the Parties decide to permit the level 
of production or consumption that is necessary to 
satisfy essential uses for which no adequate 
alternatives are available.

3. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 2000, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substances in Group II of 
Annex A does not exceed zero. Each Party producing one 
or more of these substances shall, for the same periods, 
ensure that its calculated level of production of the 
substances does not exceed zero. However, in order to 
satisfy the basic domestic needs of these Parties 
operating under paragraph 1 of Article 5, its calculated 
level of production may exceed that limit by up to 
fifteen per cent of its calculated level of production 
in 1986. This paragraph will apply save to the extent 
that the Parties decide to permit the level of 
production or consumption that is necessary to satisfy 
essential uses for which no adequate alternatives are 
available.

4. By 1 January 1993, the Parties shall adopt a decision 
identifying essential uses, if any, for the purposes of 
paragraphs 2 and 3 of this Article. Such decision shall 
be reviewed by the Parties at their subsequent meetings.

AMENDMENT TO THE MONTREAL PROTOCOL ON SUBSTANCES THAT 
DEPLETE THE OZONE LAYER

Article 1: Amendment

A. Preambular paragraphs


1. The 6th preambular paragraph of the Protocol shall be 
replaced by the following: "Determined to protect the 
ozone layer by taking precautionary measures to control 
equitably total global emissions of substances that 
deplete it, with the ultimate objective of their 
elimination on the basis of developments in scientific 
knowledge, taking into account technical and economic 
considerations and bearing in mind the developmental 
needs of developing countries,"

2. The 7th preambular paragraph of the Protocol shall be 
replaced by the following: Acknowledging that special 
provision is required to meet the needs of developing 
countries, including the provision of additional 
financial resources and access to relevant technologies, 
bearing in mind that the magnitude of funds necessary is 
predictable, and the funds can be expected to make a 
substantial difference in the world's ability to address 
the scientifically established problem of ozone 
depletion and its harmful effects,

3. The 9th preambular paragraph of the Protocol shall be 
replaced by the following: Considering the importance of 
promoting international  co-operation in the research, 
development and transfer of alternative technologies 
relating to the control and reduction of emissions of 
substances that deplete the ozone layer, bearing in mind 
in particular the needs of developing countries,

B. Article 1: Definitions

1. Paragraph 4 of Article 1 of the Protocol shall be 
replaced by the following paragraph:

4. "Controlled substance" means a substance in Annex A 
or in Annex B to this Protocol, whether existing alone 
or in a mixture. It includes the isomers of any such 
substance, except as specified in the relevant Annex, 
but excludes any controlled substance or mixture which 
is in a manufactured product other than a container used 
for the transportation or storage of that substance.

2. Paragraph 5 of Article 1 of the Protocol shall be 
replaced by the following paragraph:

5. "Production" means the amount of controlled 
substances produced, minus the amount destroyed by 
technologies to be approved by the Parties and minus the 
amount entirely used as feedstock in the manufacture of 
other chemicals. The amount recycled and reused is not 
to be considered as "production".

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

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

C. Article 2, Paragraph 5

Paragraph 5 of Article 2 of the Protocol shall be 
replaced by the following paragraph:

5. Any Party may, for any one or more control periods, 
transfer to another Party any portion of its calculated 
level of production set out in Articles 2A to 2E, 
provided that the total combined calculated levels of 
production of the Parties concerned for any Group of 
controlled substances do not exceed the production 
limits set out in those Articles for that Group. Such 
transfer of production shall be notified to the 
Secretariat by each of the Parties concerned, stating 
the terms of such transfer and the period for which it 
is to apply.

D. Article 2, Paragraph 6

The following words shall be inserted in paragraph 6 of 
Article 2 before the words "controlled substances" the 
first time they occur:
Annex A or Annex B

E. Article 2, Paragraph 8 (a)

The following words shall be added after the words "this 
Article" wherever they appear in paragraph 8 (a) of 
Article 2 of the Protocol:

and Articles 2A to 2E

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

The following words shall be added after "Annex A" in 
paragraph





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




No summary of this treaty is available.
 



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.



ADJUSTMENTS AND AMENDMENT TO THE MONTREAL PROTOCOL 
ON SUBSTANCES THAT DEPLETE THE OZONE LAYER
(London 23 June 1990)

The Second Meeting of the Parties to the Montreal 
Protocol on Substances that Deplete the Ozone Layer 
decides, on the basis of assessments made pursuant to 
Article 6 of the Protocol, to adopt adjustments and 
reductions of production and consumption of the 
controlled substances in Annex A to the Protocol, as 
follows, with the understanding that:

(a) References in Article 2 to "this Article" and 
throughout the Protocol to "Article 2" shall be 
interpreted as references to Articles 2, 2A and 2B;

(b) References throughout the Protocol to "paragraphs 1 
to 4 of Article 2" shall be interpreted as references to 
Articles 2A and 2B; and

(c) The reference in paragraph 5 of Article 2 to 
"paragraphs 1, 3 and 4" shall be interpreted as a 
reference to Article 2A.

A. Article 2A: CFCs

Paragraph 1 of Article 2 of the Protocol shall become 
paragraph 1 of Article 2A, which shall be entitled 
"Article 2A: CFCs". 

Paragraphs 3 and 4 of Article 2 shall be replaced by the 
following paragraphs, which shall be numbered paragraphs 
2 to 6 of Article 2A:

2.Each Party shall ensure that for the period from 1 
July 1991 to 31 December 1992 its calculated levels of 
consumption and production of the controlled substances 
in Group I of Annex A do not exceed 150 per cent of its 
calculated levels of production and consumption of those 
substances in 1986; with effect from 1 January 1993, the 
twelve-month control period for these controlled 
substances shall run from 1 January to 31 December each 
year.

3. Each Party shall ensure that for the twelve-month 
period thereafter, its calculated level of consumption 
of the controlled substances in Group I of Annex A does 
not exceed, annually, fifty per cent of its calculated 
level of consumption in 1986. Each Party producing one 
or more of these substances shall, for the same periods, 
ensure that its calculated level of production of the 
substances does not exceed, annually, fifty per cent of 
its calculated level of production in 1986. However, in 
order to satisfy the basic domestic needs of the Parties 
operating under paragraph 1 of Article 5, its calculated 
level of production may exceed that limit by up to ten 
per cent of its calculated level of production in 1986.

4. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 1997, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substances in Group I of 
Annex A does not exceed, annually, fifteen per cent of 
its calculated level of consumption in 1986. Each Party 
producing one or more of these substances shall, for the 
same periods, ensure that its calculated level of 
production of the substances does not exceed, annually, 
fifteen per cent of its calculated level of production 
in 1986. However, in order to satisfy the basic domestic 
needs of the Parties operating under paragraph 1 of 
Article 5, its calculated level of production may exceed 
that limit by up to ten per cent of its calculated level 
of production in 1986.

5. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 2000, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substances in Group I of 
Annex A does not exceed zero. Each Party producing one 
or more of these substances shall, for the same periods, 
ensure that its calculated level of production of the 
substances does not exceed zero. However, in order to 
satisfy the basic domestic needs of the Parties 
operating under paragraph 1 of Article 5, its calculated 
level of production may exceed that limit by up to 
fifteen per cent of its calculated level of production 
in 1986.

6. In 1992, the Parties will review the situation with 
the objective of accelerating the reduction schedule.

B. Article 2B: Halons

Paragraph 2 of Article 2 of the Protocol shall be 
replaced by the following paragraphs, which shall be 
numbered paragraphs 1 to 4 of Article 2B:

Article 2B: Halons

1. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 1992, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substances in Group II of 
Annex A does not exceed, annually, its calculated level 
of consumption in 1986. Each Party producing one or more 
of these substances shall, for the same period ensure 
that its calculated level of production of the 
substances does not exceed, annually, its calculated 
level of production in 1986. However, in order to 
satisfy the basic domestic needs of the Parties 
operating under paragraph 1 of Article 5, its calculated 
level of production may exceed that limit by up to ten 
per cent of its calculated level of production in 1986.

2. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 1995, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substances in Group II of 
Annex A does not exceed, annually, fifty per cent of its 
calculated level of consumption in 1986. Each Party 
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 these Parties operating under paragraph 1 of 
Article 5, its calculated level of production may exceed 
that limit by up to ten per cent of its calculated level 
of production in 1986. This paragraph will apply save to 
the extent that the Parties decide to permit the level 
of production or consumption that is necessary to 
satisfy essential uses for which no adequate 
alternatives are available.

3. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 2000, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substances in Group II of 
Annex A does not exceed zero. Each Party producing one 
or more of these substances shall, for the same periods, 
ensure that its calculated level of production of the 
substances does not exceed zero. However, in order to 
satisfy the basic domestic needs of these Parties 
operating under paragraph 1 of Article 5, its calculated 
level of production may exceed that limit by up to 
fifteen per cent of its calculated level of production 
in 1986. This paragraph will apply save to the extent 
that the Parties decide to permit the level of 
production or consumption that is necessary to satisfy 
essential uses for which no adequate alternatives are 
available.

4. By 1 January 1993, the Parties shall adopt a decision 
identifying essential uses, if any, for the purposes of 
paragraphs 2 and 3 of this Article. Such decision shall 
be reviewed by the Parties at their subsequent meetings.

AMENDMENT TO THE MONTREAL PROTOCOL ON SUBSTANCES THAT 
DEPLETE THE OZONE LAYER

Article 1: Amendment

A. Preambular paragraphs


1. The 6th preambular paragraph of the Protocol shall be 
replaced by the following: "Determined to protect the 
ozone layer by taking precautionary measures to control 
equitably total global emissions of substances that 
deplete it, with the ultimate objective of their 
elimination on the basis of developments in scientific 
knowledge, taking into account technical and economic 
considerations and bearing in mind the developmental 
needs of developing countries,"

2. The 7th preambular paragraph of the Protocol shall be 
replaced by the following: Acknowledging that special 
provision is required to meet the needs of developing 
countries, including the provision of additional 
financial resources and access to relevant technologies, 
bearing in mind that the magnitude of funds necessary is 
predictable, and the funds can be expected to make a 
substantial difference in the world's ability to address 
the scientifically established problem of ozone 
depletion and its harmful effects,

3. The 9th preambular paragraph of the Protocol shall be 
replaced by the following: Considering the importance of 
promoting international  co-operation in the research, 
development and transfer of alternative technologies 
relating to the control and reduction of emissions of 
substances that deplete the ozone layer, bearing in mind 
in particular the needs of developing countries,

B. Article 1: Definitions

1. Paragraph 4 of Article 1 of the Protocol shall be 
replaced by the following paragraph:

4. "Controlled substance" means a substance in Annex A 
or in Annex B to this Protocol, whether existing alone 
or in a mixture. It includes the isomers of any such 
substance, except as specified in the relevant Annex, 
but excludes any controlled substance or mixture which 
is in a manufactured product other than a container used 
for the transportation or storage of that substance.

2. Paragraph 5 of Article 1 of the Protocol shall be 
replaced by the following paragraph:

5. "Production" means the amount of controlled 
substances produced, minus the amount destroyed by 
technologies to be approved by the Parties and minus the 
amount entirely used as feedstock in the manufacture of 
other chemicals. The amount recycled and reused is not 
to be considered as "production".

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

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

C. Article 2, Paragraph 5

Paragraph 5 of Article 2 of the Protocol shall be 
replaced by the following paragraph:

5. Any Party may, for any one or more control periods, 
transfer to another Party any portion of its calculated 
level of production set out in Articles 2A to 2E, 
provided that the total combined calculated levels of 
production of the Parties concerned for any Group of 
controlled substances do not exceed the production 
limits set out in those Articles for that Group. Such 
transfer of production shall be notified to the 
Secretariat by each of the Parties concerned, stating 
the terms of such transfer and the period for which it 
is to apply.

D. Article 2, Paragraph 6

The following words shall be inserted in paragraph 6 of 
Article 2 before the words "controlled substances" the 
first time they occur:
Annex A or Annex B

E. Article 2, Paragraph 8 (a)

The following words shall be added after the words "this 
Article" wherever they appear in paragraph 8 (a) of 
Article 2 of the Protocol:

and Articles 2A to 2E

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

The following words shall be added after "Annex A" in 
paragraph 9 (a) (i) of Article 2 of the Protocol:
and/or Annex B

G. Article 2, Paragraph 9 (a) (ii)

The following words shall be deleted from paragraph 9 
(a) (ii) of Article 2 of the Protocol:

from 1986 levels

H. Article 2, paragraph 9 (c)

The following words shall be deleted from paragraph 9 
(c) of Article 2 of the Protocol:

representing at least fifty per cent of the total 
consumption of the controlled substances of the Parties
and  replaced  by:

representing a majority of the Parties operating under 
paragraph 1 of Article 5 present and voting and a 
majority of the Parties not so operating present and 
voting

I. Article 2, paragraph l0 (b) 

Paragraph 10 (b) of Article 2 of the Protocol shall be 
deleted, and paragraph 10 (a) of Article 2 shall become 
paragraph 10.

J. Article 2, paragraph 11

The following words shall be added after the words "this 
Article" wherever they occur in paragraph 11 of Article 
2 of the Protocol: and Articles 2A to 2E

K. Article 2C: Other fully halogenated CFCs
The following paragraphs shall be added to the Protocol 
as Article 2C:

Article 2C: Other fully halogenated CFCs

1. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 1993, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substances in Group I of 
Annex B does not exceed, annually, eighty per cent of 
its calculated level of consumption in 1989. Each Party 
producing one or more of these substances shall, for the 
same periods, ensure that its calculated level of 
production of the substances does not exceed, annually, 
eighty per cent of its calculated level of production in 
1989. However, in order to satisfy the basic domestic 
needs of the Parties operating under paragraph 1 of 
Article 5, its calculated level of production may exceed 
that limit by up to ten per cent of its calculated level 
of production in 1989.

2. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 1997, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substances in Group I of 
Annex B does not exceed, annually, fifteen percent of 
its calculated level of consumption in 1989. Each Party 
producing one or more of these substances shall, for the 
same periods, ensure that its calculated level of 
production of the substances does not exceed, annually, 
fifteen per cent of its calculated level of production 
in 1989. However, in order to satisfy the basic domestic 
needs of the Parties operating under paragraph 1 of 
Article 5, its calculated level of production may exceed 
that limit by up to ten per cent of its calculated level 
of production in 1989.

3. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 2000, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substances in Group I of 
Annex B does not exceed zero. Each Party producing one 
or more of these substances shall, for the same periods, 
ensure that its calculated level of production of the 
substances does not exceed zero. However, in order to 
satisfy the basic domestic needs of the Parties 
operating under paragraph 1 of Article 5, its calculated 
level of production may exceed that limit by up to 
fifteen per cent of its calculated level of production 
in 1989.

L. Article 2D: Carbon tetrachloride

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

Article 2D: Carbon tetrachloride

1. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 1995, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substance in Group II of 
Annex B does not exceed, annually, fifteen per cent of 
its calculated level of consumption in 1989. Each Party 
producing the substance shall, for the same periods, 
ensure that its calculated level of production of the 
substance does not exceed, annually, fifteen per cent of 
its calculated level of production in 1989. However, in 
o





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




No summary of this treaty is available.
 



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.



ADJUSTMENTS AND AMENDMENT TO THE MONTREAL PROTOCOL 
ON SUBSTANCES THAT DEPLETE THE OZONE LAYER
(London 23 June 1990)

The Second Meeting of the Parties to the Montreal 
Protocol on Substances that Deplete the Ozone Layer 
decides, on the basis of assessments made pursuant to 
Article 6 of the Protocol, to adopt adjustments and 
reductions of production and consumption of the 
controlled substances in Annex A to the Protocol, as 
follows, with the understanding that:

(a) References in Article 2 to "this Article" and 
throughout the Protocol to "Article 2" shall be 
interpreted as references to Articles 2, 2A and 2B;

(b) References throughout the Protocol to "paragraphs 1 
to 4 of Article 2" shall be interpreted as references to 
Articles 2A and 2B; and

(c) The reference in paragraph 5 of Article 2 to 
"paragraphs 1, 3 and 4" shall be interpreted as a 
reference to Article 2A.

A. Article 2A: CFCs

Paragraph 1 of Article 2 of the Protocol shall become 
paragraph 1 of Article 2A, which shall be entitled 
"Article 2A: CFCs". 

Paragraphs 3 and 4 of Article 2 shall be replaced by the 
following paragraphs, which shall be numbered paragraphs 
2 to 6 of Article 2A:

2.Each Party shall ensure that for the period from 1 
July 1991 to 31 December 1992 its calculated levels of 
consumption and production of the controlled substances 
in Group I of Annex A do not exceed 150 per cent of its 
calculated levels of production and consumption of those 
substances in 1986; with effect from 1 January 1993, the 
twelve-month control period for these controlled 
substances shall run from 1 January to 31 December each 
year.

3. Each Party shall ensure that for the twelve-month 
period thereafter, its calculated level of consumption 
of the controlled substances in Group I of Annex A does 
not exceed, annually, fifty per cent of its calculated 
level of consumption in 1986. Each Party producing one 
or more of these substances shall, for the same periods, 
ensure that its calculated level of production of the 
substances does not exceed, annually, fifty per cent of 
its calculated level of production in 1986. However, in 
order to satisfy the basic domestic needs of the Parties 
operating under paragraph 1 of Article 5, its calculated 
level of production may exceed that limit by up to ten 
per cent of its calculated level of production in 1986.

4. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 1997, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substances in Group I of 
Annex A does not exceed, annually, fifteen per cent of 
its calculated level of consumption in 1986. Each Party 
producing one or more of these substances shall, for the 
same periods, ensure that its calculated level of 
production of the substances does not exceed, annually, 
fifteen per cent of its calculated level of production 
in 1986. However, in order to satisfy the basic domestic 
needs of the Parties operating under paragraph 1 of 
Article 5, its calculated level of production may exceed 
that limit by up to ten per cent of its calculated level 
of production in 1986.

5. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 2000, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substances in Group I of 
Annex A does not exceed zero. Each Party producing one 
or more of these substances shall, for the same periods, 
ensure that its calculated level of production of the 
substances does not exceed zero. However, in order to 
satisfy the basic domestic needs of the Parties 
operating under paragraph 1 of Article 5, its calculated 
level of production may exceed that limit by up to 
fifteen per cent of its calculated level of production 
in 1986.

6. In 1992, the Parties will review the situation with 
the objective of accelerating the reduction schedule.

B. Article 2B: Halons

Paragraph 2 of Article 2 of the Protocol shall be 
replaced by the following paragraphs, which shall be 
numbered paragraphs 1 to 4 of Article 2B:

Article 2B: Halons

1. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 1992, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substances in Group II of 
Annex A does not exceed, annually, its calculated level 
of consumption in 1986. Each Party producing one or more 
of these substances shall, for the same period ensure 
that its calculated level of production of the 
substances does not exceed, annually, its calculated 
level of production in 1986. However, in order to 
satisfy the basic domestic needs of the Parties 
operating under paragraph 1 of Article 5, its calculated 
level of production may exceed that limit by up to ten 
per cent of its calculated level of production in 1986.

2. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 1995, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substances in Group II of 
Annex A does not exceed, annually, fifty per cent of its 
calculated level of consumption in 1986. Each Party 
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 these Parties operating under paragraph 1 of 
Article 5, its calculated level of production may exceed 
that limit by up to ten per cent of its calculated level 
of production in 1986. This paragraph will apply save to 
the extent that the Parties decide to permit the level 
of production or consumption that is necessary to 
satisfy essential uses for which no adequate 
alternatives are available.

3. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 2000, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substances in Group II of 
Annex A does not exceed zero. Each Party producing one 
or more of these substances shall, for the same periods, 
ensure that its calculated level of production of the 
substances does not exceed zero. However, in order to 
satisfy the basic domestic needs of these Parties 
operating under paragraph 1 of Article 5, its calculated 
level of production may exceed that limit by up to 
fifteen per cent of its calculated level of production 
in 1986. This paragraph will apply save to the extent 
that the Parties decide to permit the level of 
production or consumption that is necessary to satisfy 
essential uses for which no adequate alternatives are 
available.

4. By 1 January 1993, the Parties shall adopt a decision 
identifying essential uses, if any, for the purposes of 
paragraphs 2 and 3 of this Article. Such decision shall 
be reviewed by the Parties at their subsequent meetings.

AMENDMENT TO THE MONTREAL PROTOCOL ON SUBSTANCES THAT 
DEPLETE THE OZONE LAYER

Article 1: Amendment

A. Preambular paragraphs


1. The 6th preambular paragraph of the Protocol shall be 
replaced by the following: "Determined to protect the 
ozone layer by taking precautionary measures to control 
equitably total global emissions of substances that 
deplete it, with the ultimate objective of their 
elimination on the basis of developments in scientific 
knowledge, taking into account technical and economic 
considerations and bearing in mind the developmental 
needs of developing countries,"

2. The 7th preambular paragraph of the Protocol shall be 
replaced by the following: Acknowledging that special 
provision is required to meet the needs of developing 
countries, including the provision of additional 
financial resources and access to relevant technologies, 
bearing in mind that the magnitude of funds necessary is 
predictable, and the funds can be expected to make a 
substantial difference in the world's ability to address 
the scientifically established problem of ozone 
depletion and its harmful effects,

3. The 9th preambular paragraph of the Protocol shall be 
replaced by the following: Considering the importance of 
promoting international  co-operation in the research, 
development and transfer of alternative technologies 
relating to the control and reduction of emissions of 
substances that deplete the ozone layer, bearing in mind 
in particular the needs of developing countries,

B. Article 1: Definitions

1. Paragraph 4 of Article 1 of the Protocol shall be 
replaced by the following paragraph:

4. "Controlled substance" means a substance in Annex A 
or in Annex B to this Protocol, whether existing alone 
or in a mixture. It includes the isomers of any such 
substance, except as specified in the relevant Annex, 
but excludes any controlled substance or mixture which 
is in a manufactured product other than a container used 
for the transportation or storage of that substance.

2. Paragraph 5 of Article 1 of the Protocol shall be 
replaced by the following paragraph:

5. "Production" means the amount of controlled 
substances produced, minus the amount destroyed by 
technologies to be approved by the Parties and minus the 
amount entirely used as feedstock in the manufacture of 
other chemicals. The amount recycled and reused is not 
to be considered as "production".

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

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

C. Article 2, Paragraph 5

Paragraph 5 of Article 2 of the Protocol shall be 
replaced by the following paragraph:

5. Any Party may, for any one or more control periods, 
transfer to another Party any portion of its calculated 
level of production set out in Articles 2A to 2E, 
provided that the total combined calculated levels of 
production of the Parties concerned for any Group of 
controlled substances do not exceed the production 
limits set out in those Articles for that Group. Such 
transfer of production shall be notified to the 
Secretariat by each of the Parties concerned, stating 
the terms of such transfer and the period for which it 
is to apply.

D. Article 2, Paragraph 6

The following words shall be inserted in paragraph 6 of 
Article 2 before the words "controlled substances" the 
first time they occur:
Annex A or Annex B

E. Article 2, Paragraph 8 (a)

The following words shall be added after the words "this 
Article" wherever they appear in paragraph 8 (a) of 
Article 2 of the Protocol:

and Articles 2A to 2E

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

The following words shall be added after "Annex A" in 
paragraph 9 (a) (i) of Article 2 of the Protocol:
and/or Annex B

G. Article 2, Paragraph 9 (a) (ii)

The following words shall be deleted from paragraph 9 
(a) (ii) of Article 2 of the Protocol:

from 1986 levels

H. Article 2, paragraph 9 (c)

The following words shall be deleted from paragraph 9 
(c) of Article 2 of the Protocol:

representing at least fifty per cent of the total 
consumption of the controlled substances of the Parties
and  replaced  by:

representing a majority of the Parties operating under 
paragraph 1 of Article 5 present and voting and a 
majority of the Parties not so operating present and 
voting

I. Article 2, paragraph l0 (b) 

Paragraph 10 (b) of Article 2 of the Protocol shall be 
deleted, and paragraph 10 (a) of Article 2 shall become 
paragraph 10.

J. Article 2, paragraph 11

The following words shall be added after the words "this 
Article" wherever they occur in paragraph 11 of Article 
2 of the Protocol: and Articles 2A to 2E

K. Article 2C: Other fully halogenated CFCs
The following paragraphs shall be added to the Protocol 
as Article 2C:

Article 2C: Other fully halogenated CFCs

1. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 1993, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substances in Group I of 
Annex B does not exceed, annually, eighty per cent of 
its calculated level of consumption in 1989. Each Party 
producing one or more of these substances shall, for the 
same periods, ensure that its calculated level of 
production of the substances does not exceed, annually, 
eighty per cent of its calculated level of production in 
1989. However, in order to satisfy the basic domestic 
needs of the Parties operating under paragraph 1 of 
Article 5, its calculated level of production may exceed 
that limit by up to ten per cent of its calculated level 
of production in 1989.

2. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 1997, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substances in Group I of 
Annex B does not exceed, annually, fifteen percent of 
its calculated level of consumption in 1989. Each Party 
producing one or more of these substances shall, for the 
same periods, ensure that its calculated level of 
production of the substances does not exceed, annually, 
fifteen per cent of its calculated level of production 
in 1989. However, in order to satisfy the basic domestic 
needs of the Parties operating under paragraph 1 of 
Article 5, its calculated level of production may exceed 
that limit by up to ten per cent of its calculated level 
of production in 1989.

3. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 2000, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substances in Group I of 
Annex B does not exceed zero. Each Party producing one 
or more of these substances shall, for the same periods, 
ensure that its calculated level of production of the 
substances does not exceed zero. However, in order to 
satisfy the basic domestic needs of the Parties 
operating under paragraph 1 of Article 5, its calculated 
level of production may exceed that limit by up to 
fifteen per cent of its calculated level of production 
in 1989.

L. Article 2D: Carbon tetrachloride

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

Article 2D: Carbon tetrachloride

1. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 1995, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substance in Group II of 
Annex B does not exceed, annually, fifteen per cent of 
its calculated level of consumption in 1989. Each Party 
producing the substance shall, for the same periods, 
ensure that its calculated level of production of the 
substance does not exceed, annually, fifteen per cent of 
its calculated level of production in 1989. However, in 
order to satisfy the basic domestic needs of the Parties 
operating under paragraph 1 of Article 5, its calculated 
level of production may exceed that limit by up to ten 
per cent of its calculated level of production in 1989.

2. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 2000, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substance in Group II of 
Annex B does not exceed zero. Each Party producing the 
substance shall, for the same periods, ensure that its 
calculated level of production of the substance does not 
exceed zero. However, in order to satisfy the basic 
domestic needs of the Parties operating under 
paragraph 1 of Article 5, its calculated level of 
production may exceed that limit by up to fifteen per 
cent of its calculated level of production in 1989.

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

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

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

1. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 1993, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substance in Group III of 
Annex B does not exceed, annually, its calculated level 
of consumption in 1989. Each Party producing the 
substance shall, for the same periods, ensure that its 
calculated level of production of the substance does not 
exceed, annually, its calculated level of production in 
1989. However, in order to satisfy the basic domestic 
needs of the Parties operating under paragraph 1 of 
Article 5, its calculated level of production may exceed 
that limit by up to ten per cent of its calculated level 
of production in 1989.

2. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 1995, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substance in Group III of 
Annex B does not exceed, annually, seventy per cent of 
its calculated level of consumption in 1989. Each Party 
producing the substance shall, for the same periods, 
ensure that its calculated level of production of the 
substance does not exceed, annually, seventy percent of 
its calculated level of consumption in 1989. However, in 
order to satisfy the basic domestic needs of the Parties 
operating under paragraph 1 of Article 5, its calculated 
level of production may exceed that limit by up to ten 
percent of its calculated level of production in 1989.

3. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 2000, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substance in Group III of 
Annex B does not exceed, annually, thirty per cent of 
its calculated level of consumption in 1989. Each Party 
producing the substance shall, for the same periods, 
ensure that its calculated level of production of the 
substance does not exceed, annually, thirty per cent of 
its calculated level of production in 1989. However, in 
order to satisfy the basic domestic needs of Parties 
operating under paragraph 1 of Article 5, its calculated 
level of production may exceed that limit by up to ten 
per cent of its calculated level of production in 1989.

4. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 2005, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substance in Group III of 
Annex B does not exceed zero. Each Party producing the 
substance shall, for the same periods, ensure that its 
calculated level of production of the substance does not 
exceed zero. However, in order to satisfy the basic 
domestic needs of the Parties operating under 
paragraph 1 of Article 5, its calculated level of 
production may exceed that limit by up to fifteen per 
cent of its calculated level of production in 1989.

5. The Parties shall review, in 1992, the feasibility of 
a more rapid schedule of r





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




No summary of this treaty is available.
 



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.



ADJUSTMENTS AND AMENDMENT TO THE MONTREAL PROTOCOL 
ON SUBSTANCES THAT DEPLETE THE OZONE LAYER
(London 23 June 1990)

The Second Meeting of the Parties to the Montreal 
Protocol on Substances that Deplete the Ozone Layer 
decides, on the basis of assessments made pursuant to 
Article 6 of the Protocol, to adopt adjustments and 
reductions of production and consumption of the 
controlled substances in Annex A to the Protocol, as 
follows, with the understanding that:

(a) References in Article 2 to "this Article" and 
throughout the Protocol to "Article 2" shall be 
interpreted as references to Articles 2, 2A and 2B;

(b) References throughout the Protocol to "paragraphs 1 
to 4 of Article 2" shall be interpreted as references to 
Articles 2A and 2B; and

(c) The reference in paragraph 5 of Article 2 to 
"paragraphs 1, 3 and 4" shall be interpreted as a 
reference to Article 2A.

A. Article 2A: CFCs

Paragraph 1 of Article 2 of the Protocol shall become 
paragraph 1 of Article 2A, which shall be entitled 
"Article 2A: CFCs". 

Paragraphs 3 and 4 of Article 2 shall be replaced by the 
following paragraphs, which shall be numbered paragraphs 
2 to 6 of Article 2A:

2.Each Party shall ensure that for the period from 1 
July 1991 to 31 December 1992 its calculated levels of 
consumption and production of the controlled substances 
in Group I of Annex A do not exceed 150 per cent of its 
calculated levels of production and consumption of those 
substances in 1986; with effect from 1 January 1993, the 
twelve-month control period for these controlled 
substances shall run from 1 January to 31 December each 
year.

3. Each Party shall ensure that for the twelve-month 
period thereafter, its calculated level of consumption 
of the controlled substances in Group I of Annex A does 
not exceed, annually, fifty per cent of its calculated 
level of consumption in 1986. Each Party producing one 
or more of these substances shall, for the same periods, 
ensure that its calculated level of production of the 
substances does not exceed, annually, fifty per cent of 
its calculated level of production in 1986. However, in 
order to satisfy the basic domestic needs of the Parties 
operating under paragraph 1 of Article 5, its calculated 
level of production may exceed that limit by up to ten 
per cent of its calculated level of production in 1986.

4. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 1997, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substances in Group I of 
Annex A does not exceed, annually, fifteen per cent of 
its calculated level of consumption in 1986. Each Party 
producing one or more of these substances shall, for the 
same periods, ensure that its calculated level of 
production of the substances does not exceed, annually, 
fifteen per cent of its calculated level of production 
in 1986. However, in order to satisfy the basic domestic 
needs of the Parties operating under paragraph 1 of 
Article 5, its calculated level of production may exceed 
that limit by up to ten per cent of its calculated level 
of production in 1986.

5. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 2000, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substances in Group I of 
Annex A does not exceed zero. Each Party producing one 
or more of these substances shall, for the same periods, 
ensure that its calculated level of production of the 
substances does not exceed zero. However, in order to 
satisfy the basic domestic needs of the Parties 
operating under paragraph 1 of Article 5, its calculated 
level of production may exceed that limit by up to 
fifteen per cent of its calculated level of production 
in 1986.

6. In 1992, the Parties will review the situation with 
the objective of accelerating the reduction schedule.

B. Article 2B: Halons

Paragraph 2 of Article 2 of the Protocol shall be 
replaced by the following paragraphs, which shall be 
numbered paragraphs 1 to 4 of Article 2B:

Article 2B: Halons

1. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 1992, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substances in Group II of 
Annex A does not exceed, annually, its calculated level 
of consumption in 1986. Each Party producing one or more 
of these substances shall, for the same period ensure 
that its calculated level of production of the 
substances does not exceed, annually, its calculated 
level of production in 1986. However, in order to 
satisfy the basic domestic needs of the Parties 
operating under paragraph 1 of Article 5, its calculated 
level of production may exceed that limit by up to ten 
per cent of its calculated level of production in 1986.

2. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 1995, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substances in Group II of 
Annex A does not exceed, annually, fifty per cent of its 
calculated level of consumption in 1986. Each Party 
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 these Parties operating under paragraph 1 of 
Article 5, its calculated level of production may exceed 
that limit by up to ten per cent of its calculated level 
of production in 1986. This paragraph will apply save to 
the extent that the Parties decide to permit the level 
of production or consumption that is necessary to 
satisfy essential uses for which no adequate 
alternatives are available.

3. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 2000, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substances in Group II of 
Annex A does not exceed zero. Each Party producing one 
or more of these substances shall, for the same periods, 
ensure that its calculated level of production of the 
substances does not exceed zero. However, in order to 
satisfy the basic domestic needs of these Parties 
operating under paragraph 1 of Article 5, its calculated 
level of production may exceed that limit by up to 
fifteen per cent of its calculated level of production 
in 1986. This paragraph will apply save to the extent 
that the Parties decide to permit the level of 
production or consumption that is necessary to satisfy 
essential uses for which no adequate alternatives are 
available.

4. By 1 January 1993, the Parties shall adopt a decision 
identifying essential uses, if any, for the purposes of 
paragraphs 2 and 3 of this Article. Such decision shall 
be reviewed by the Parties at their subsequent meetings.

AMENDMENT TO THE MONTREAL PROTOCOL ON SUBSTANCES THAT 
DEPLETE THE OZONE LAYER

Article 1: Amendment

A. Preambular paragraphs


1. The 6th preambular paragraph of the Protocol shall be 
replaced by the following: "Determined to protect the 
ozone layer by taking precautionary measures to control 
equitably total global emissions of substances that 
deplete it, with the ultimate objective of their 
elimination on the basis of developments in scientific 
knowledge, taking into account technical and economic 
considerations and bearing in mind the developmental 
needs of developing countries,"

2. The 7th preambular paragraph of the Protocol shall be 
replaced by the following: Acknowledging that special 
provision is required to meet the needs of developing 
countries, including the provision of additional 
financial resources and access to relevant technologies, 
bearing in mind that the magnitude of funds necessary is 
predictable, and the funds can be expected to make a 
substantial difference in the world's ability to address 
the scientifically established problem of ozone 
depletion and its harmful effects,

3. The 9th preambular paragraph of the Protocol shall be 
replaced by the following: Considering the importance of 
promoting international  co-operation in the research, 
development and transfer of alternative technologies 
relating to the control and reduction of emissions of 
substances that deplete the ozone layer, bearing in mind 
in particular the needs of developing countries,

B. Article 1: Definitions

1. Paragraph 4 of Article 1 of the Protocol shall be 
replaced by the following paragraph:

4. "Controlled substance" means a substance in Annex A 
or in Annex B to this Protocol, whether existing alone 
or in a mixture. It includes the isomers of any such 
substance, except as specified in the relevant Annex, 
but excludes any controlled substance or mixture which 
is in a manufactured product other than a container used 
for the transportation or storage of that substance.

2. Paragraph 5 of Article 1 of the Protocol shall be 
replaced by the following paragraph:

5. "Production" means the amount of controlled 
substances produced, minus the amount destroyed by 
technologies to be approved by the Parties and minus the 
amount entirely used as feedstock in the manufacture of 
other chemicals. The amount recycled and reused is not 
to be considered as "production".

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

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

C. Article 2, Paragraph 5

Paragraph 5 of Article 2 of the Protocol shall be 
replaced by the following paragraph:

5. Any Party may, for any one or more control periods, 
transfer to another Party any portion of its calculated 
level of production set out in Articles 2A to 2E, 
provided that the total combined calculated levels of 
production of the Parties concerned for any Group of 
controlled substances do not exceed the production 
limits set out in those Articles for that Group. Such 
transfer of production shall be notified to the 
Secretariat by each of the Parties concerned, stating 
the terms of such transfer and the period for which it 
is to apply.

D. Article 2, Paragraph 6

The following words shall be inserted in paragraph 6 of 
Article 2 before the words "controlled substances" the 
first time they occur:
Annex A or Annex B

E. Article 2, Paragraph 8 (a)

The following words shall be added after the words "this 
Article" wherever they appear in paragraph 8 (a) of 
Article 2 of the Protocol:

and Articles 2A to 2E

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

The following words shall be added after "Annex A" in 
paragraph 9 (a) (i) of Article 2 of the Protocol:
and/or Annex B

G. Article 2, Paragraph 9 (a) (ii)

The following words shall be deleted from paragraph 9 
(a) (ii) of Article 2 of the Protocol:

from 1986 levels

H. Article 2, paragraph 9 (c)

The following words shall be deleted from paragraph 9 
(c) of Article 2 of the Protocol:

representing at least fifty per cent of the total 
consumption of the controlled substances of the Parties
and  replaced  by:

representing a majority of the Parties operating under 
paragraph 1 of Article 5 present and voting and a 
majority of the Parties not so operating present and 
voting

I. Article 2, paragraph l0 (b) 

Paragraph 10 (b) of Article 2 of the Protocol shall be 
deleted, and paragraph 10 (a) of Article 2 shall become 
paragraph 10.

J. Article 2, paragraph 11

The following words shall be added after the words "this 
Article" wherever they occur in paragraph 11 of Article 
2 of the Protocol: and Articles 2A to 2E

K. Article 2C: Other fully halogenated CFCs
The following paragraphs shall be added to the Protocol 
as Article 2C:

Article 2C: Other fully halogenated CFCs

1. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 1993, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substances in Group I of 
Annex B does not exceed, annually, eighty per cent of 
its calculated level of consumption in 1989. Each Party 
producing one or more of these substances shall, for the 
same periods, ensure that its calculated level of 
production of the substances does not exceed, annually, 
eighty per cent of its calculated level of production in 
1989. However, in order to satisfy the basic domestic 
needs of the Parties operating under paragraph 1 of 
Article 5, its calculated level of production may exceed 
that limit by up to ten per cent of its calculated level 
of production in 1989.

2. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 1997, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substances in Group I of 
Annex B does not exceed, annually, fifteen percent of 
its calculated level of consumption in 1989. Each Party 
producing one or more of these substances shall, for the 
same periods, ensure that its calculated level of 
production of the substances does not exceed, annually, 
fifteen per cent of its calculated level of production 
in 1989. However, in order to satisfy the basic domestic 
needs of the Parties operating under paragraph 1 of 
Article 5, its calculated level of production may exceed 
that limit by up to ten per cent of its calculated level 
of production in 1989.

3. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 2000, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substances in Group I of 
Annex B does not exceed zero. Each Party producing one 
or more of these substances shall, for the same periods, 
ensure that its calculated level of production of the 
substances does not exceed zero. However, in order to 
satisfy the basic domestic needs of the Parties 
operating under paragraph 1 of Article 5, its calculated 
level of production may exceed that limit by up to 
fifteen per cent of its calculated level of production 
in 1989.

L. Article 2D: Carbon tetrachloride

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

Article 2D: Carbon tetrachloride

1. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 1995, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substance in Group II of 
Annex B does not exceed, annually, fifteen per cent of 
its calculated level of consumption in 1989. Each Party 
producing the substance shall, for the same periods, 
ensure that its calculated level of production of the 
substance does not exceed, annually, fifteen per cent of 
its calculated level of production in 1989. However, in 
order to satisfy the basic domestic needs of the Parties 
operating under paragraph 1 of Article 5, its calculated 
level of production may exceed that limit by up to ten 
per cent of its calculated level of production in 1989.

2. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 2000, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substance in Group II of 
Annex B does not exceed zero. Each Party producing the 
substance shall, for the same periods, ensure that its 
calculated level of production of the substance does not 
exceed zero. However, in order to satisfy the basic 
domestic needs of the Parties operating under 
paragraph 1 of Article 5, its calculated level of 
production may exceed that limit by up to fifteen per 
cent of its calculated level of production in 1989.

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

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

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

1. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 1993, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substance in Group III of 
Annex B does not exceed, annually, its calculated level 
of consumption in 1989. Each Party producing the 
substance shall, for the same periods, ensure that its 
calculated level of production of the substance does not 
exceed, annually, its calculated level of production in 
1989. However, in order to satisfy the basic domestic 
needs of the Parties operating under paragraph 1 of 
Article 5, its calculated level of production may exceed 
that limit by up to ten per cent of its calculated level 
of production in 1989.

2. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 1995, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substance in Group III of 
Annex B does not exceed, annually, seventy per cent of 
its calculated level of consumption in 1989. Each Party 
producing the substance shall, for the same periods, 
ensure that its calculated level of production of the 
substance does not exceed, annually, seventy percent of 
its calculated level of consumption in 1989. However, in 
order to satisfy the basic domestic needs of the Parties 
operating under paragraph 1 of Article 5, its calculated 
level of production may exceed that limit by up to ten 
percent of its calculated level of production in 1989.

3. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 2000, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substance in Group III of 
Annex B does not exceed, annually, thirty per cent of 
its calculated level of consumption in 1989. Each Party 
producing the substance shall, for the same periods, 
ensure that its calculated level of production of the 
substance does not exceed, annually, thirty per cent of 
its calculated level of production in 1989. However, in 
order to satisfy the basic domestic needs of Parties 
operating under paragraph 1 of Article 5, its calculated 
level of production may exceed that limit by up to ten 
per cent of its calculated level of production in 1989.

4. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 2005, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substance in Group III of 
Annex B does not exceed zero. Each Party producing the 
substance shall, for the same periods, ensure that its 
calculated level of production of the substance does not 
exceed zero. However, in order to satisfy the basic 
domestic needs of the Parties operating under 
paragraph 1 of Article 5, its calculated level of 
production may exceed that limit by up to fifteen per 
cent of its calculated level of production in 1989.

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

N. Article 3: Calculation of control levels

1. The following shall be added after "Articles 2" in 
Article 3 of the Protocol: , 2A to 2E,

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

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

1. Paragraphs 1 to 5 of Article 4 shall be replaced by 
the following paragraphs:

1. As of 1 January 1990, each Party shall ban the import 
of the controlled substances in Annex A from any State 
not party to this Protocol.

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

2. As of 1 January 1993, each Party shall ban the export 
of any controlled substances in Annex A to any State not 
party to this Protocol.

2 bis. Commencing one year after the date of entry into 
force of this paragraph, each Party shall ban the export 
of any controlled substances in Annex B to any State not 
party to this Protocol. 

3. By 1 January 1992, the Parties shall, following the 
procedures in Article 10 of the Convention, elaborate in 
an annex a list of products containing controlled 
substances in Annex A. Parties that have not objected to 
the annex in accordance with those procedures shall ban, 
within one year of the annex having become effective, 
the import of those products from any State not party to 
this Protocol.

3 bis. Within three years of the date of the entry into 
force of this paragraph, the Parties shall, following 
the procedures in Article 10 of the Convention, 
elaborate in an annex a list of products containing 
controlled substances in Annex B. Parties that have not 
objected to the annex in accordance with those 
procedures shall ban, within one year of the annex 
having become effective, the import of those products 
from any State not party to this Protocol.

4. By 1 January 1994, the Parties shall determine the 
feasibility of banning or restricting, from States not 
party to this Protocol, the import of products produced 
with, but not containing, controlled substances in Annex 
A. If determined feasible, the Parties shall, following 
the procedures in Article 10 of the Convention, 
elaborate in an annex a list of such products. Parties 
that have not objected to the annex in accordance with 
those procedures shall ban, within one year of the annex 
having become effective, the import of those products 
from any State not party to this Protocol.

4 bis. Within five years of the date of the entry into 
force of this paragraph, the Parties shall determine the 
feasibility of banning or restricting, from States not 
party to this Protocol, the import of products produced 
with, but not containing, controlled substances in Annex 

B. If determined feasible, the Parties shall, following 
the procedures in Article 10 of the Convention, 
elaborate in an annex a list of such products. Parties 
that have not objected to the annex in accordance with 
those procedures shall ban or restrict, within one year 
of the annex having become effective, the import of 
those products from any State not party to this 
Protocol.

5. Each Party undertakes to the fullest practicable 
extent to discourage the export to any State not party 
to this Protocol of technology for producing and for 
utilizing controlled substances. 

2. Paragraph 8 of Article 4 of the Protocol shall be 
replaced by the following paragraph:

8. Notwithstanding the provisions of this Article, 
imports referred to in paragraphs 1, 1 bis, 3, 3 bis, 4 
and 4 bis, and exports referred to in paragraphs 2 and 2 
bis, may be permitted from, or to, any State not party 
to this Protocol, if that State is determined by a 
meeting of the Parties to be in full compliance with 
Article 2, Articles 2A to 2E, and this Article and have 
submitted data to that effect as specified in Article 7.

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







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




No summary of this treaty is available.
 



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.



ADJUSTMENTS AND AMENDMENT TO THE MONTREAL PROTOCOL 
ON SUBSTANCES THAT DEPLETE THE OZONE LAYER
(London 23 June 1990)

The Second Meeting of the Parties to the Montreal 
Protocol on Substances that Deplete the Ozone Layer 
decides, on the basis of assessments made pursuant to 
Article 6 of the Protocol, to adopt adjustments and 
reductions of production and consumption of the 
controlled substances in Annex A to the Protocol, as 
follows, with the understanding that:

(a) References in Article 2 to "this Article" and 
throughout the Protocol to "Article 2" shall be 
interpreted as references to Articles 2, 2A and 2B;

(b) References throughout the Protocol to "paragraphs 1 
to 4 of Article 2" shall be interpreted as references to 
Articles 2A and 2B; and

(c) The reference in paragraph 5 of Article 2 to 
"paragraphs 1, 3 and 4" shall be interpreted as a 
reference to Article 2A.

A. Article 2A: CFCs

Paragraph 1 of Article 2 of the Protocol shall become 
paragraph 1 of Article 2A, which shall be entitled 
"Article 2A: CFCs". 

Paragraphs 3 and 4 of Article 2 shall be replaced by the 
following paragraphs, which shall be numbered paragraphs 
2 to 6 of Article 2A:

2.Each Party shall ensure that for the period from 1 
July 1991 to 31 December 1992 its calculated levels of 
consumption and production of the controlled substances 
in Group I of Annex A do not exceed 150 per cent of its 
calculated levels of production and consumption of those 
substances in 1986; with effect from 1 January 1993, the 
twelve-month control period for these controlled 
substances shall run from 1 January to 31 December each 
year.

3. Each Party shall ensure that for the twelve-month 
period thereafter, its calculated level of consumption 
of the controlled substances in Group I of Annex A does 
not exceed, annually, fifty per cent of its calculated 
level of consumption in 1986. Each Party producing one 
or more of these substances shall, for the same periods, 
ensure that its calculated level of production of the 
substances does not exceed, annually, fifty per cent of 
its calculated level of production in 1986. However, in 
order to satisfy the basic domestic needs of the Parties 
operating under paragraph 1 of Article 5, its calculated 
level of production may exceed that limit by up to ten 
per cent of its calculated level of production in 1986.

4. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 1997, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substances in Group I of 
Annex A does not exceed, annually, fifteen per cent of 
its calculated level of consumption in 1986. Each Party 
producing one or more of these substances shall, for the 
same periods, ensure that its calculated level of 
production of the substances does not exceed, annually, 
fifteen per cent of its calculated level of production 
in 1986. However, in order to satisfy the basic domestic 
needs of the Parties operating under paragraph 1 of 
Article 5, its calculated level of production may exceed 
that limit by up to ten per cent of its calculated level 
of production in 1986.

5. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 2000, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substances in Group I of 
Annex A does not exceed zero. Each Party producing one 
or more of these substances shall, for the same periods, 
ensure that its calculated level of production of the 
substances does not exceed zero. However, in order to 
satisfy the basic domestic needs of the Parties 
operating under paragraph 1 of Article 5, its calculated 
level of production may exceed that limit by up to 
fifteen per cent of its calculated level of production 
in 1986.

6. In 1992, the Parties will review the situation with 
the objective of accelerating the reduction schedule.

B. Article 2B: Halons

Paragraph 2 of Article 2 of the Protocol shall be 
replaced by the following paragraphs, which shall be 
numbered paragraphs 1 to 4 of Article 2B:

Article 2B: Halons

1. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 1992, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substances in Group II of 
Annex A does not exceed, annually, its calculated level 
of consumption in 1986. Each Party producing one or more 
of these substances shall, for the same period ensure 
that its calculated level of production of the 
substances does not exceed, annually, its calculated 
level of production in 1986. However, in order to 
satisfy the basic domestic needs of the Parties 
operating under paragraph 1 of Article 5, its calculated 
level of production may exceed that limit by up to ten 
per cent of its calculated level of production in 1986.

2. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 1995, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substances in Group II of 
Annex A does not exceed, annually, fifty per cent of its 
calculated level of consumption in 1986. Each Party 
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 these Parties operating under paragraph 1 of 
Article 5, its calculated level of production may exceed 
that limit by up to ten per cent of its calculated level 
of production in 1986. This paragraph will apply save to 
the extent that the Parties decide to permit the level 
of production or consumption that is necessary to 
satisfy essential uses for which no adequate 
alternatives are available.

3. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 2000, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substances in Group II of 
Annex A does not exceed zero. Each Party producing one 
or more of these substances shall, for the same periods, 
ensure that its calculated level of production of the 
substances does not exceed zero. However, in order to 
satisfy the basic domestic needs of these Parties 
operating under paragraph 1 of Article 5, its calculated 
level of production may exceed that limit by up to 
fifteen per cent of its calculated level of production 
in 1986. This paragraph will apply save to the extent 
that the Parties decide to permit the level of 
production or consumption that is necessary to satisfy 
essential uses for which no adequate alternatives are 
available.

4. By 1 January 1993, the Parties shall adopt a decision 
identifying essential uses, if any, for the purposes of 
paragraphs 2 and 3 of this Article. Such decision shall 
be reviewed by the Parties at their subsequent meetings.

AMENDMENT TO THE MONTREAL PROTOCOL ON SUBSTANCES THAT 
DEPLETE THE OZONE LAYER

Article 1: Amendment

A. Preambular paragraphs


1. The 6th preambular paragraph of the Protocol shall be 
replaced by the following: "Determined to protect the 
ozone layer by taking precautionary measures to control 
equitably total global emissions of substances that 
deplete it, with the ultimate objective of their 
elimination on the basis of developments in scientific 
knowledge, taking into account technical and economic 
considerations and bearing in mind the developmental 
needs of developing countries,"

2. The 7th preambular paragraph of the Protocol shall be 
replaced by the following: Acknowledging that special 
provision is required to meet the needs of developing 
countries, including the provision of additional 
financial resources and access to relevant technologies, 
bearing in mind that the magnitude of funds necessary is 
predictable, and the funds can be expected to make a 
substantial difference in the world's ability to address 
the scientifically established problem of ozone 
depletion and its harmful effects,

3. The 9th preambular paragraph of the Protocol shall be 
replaced by the following: Considering the importance of 
promoting international  co-operation in the research, 
development and transfer of alternative technologies 
relating to the control and reduction of emissions of 
substances that deplete the ozone layer, bearing in mind 
in particular the needs of developing countries,

B. Article 1: Definitions

1. Paragraph 4 of Article 1 of the Protocol shall be 
replaced by the following paragraph:

4. "Controlled substance" means a substance in Annex A 
or in Annex B to this Protocol, whether existing alone 
or in a mixture. It includes the isomers of any such 
substance, except as specified in the relevant Annex, 
but excludes any controlled substance or mixture which 
is in a manufactured product other than a container used 
for the transportation or storage of that substance.

2. Paragraph 5 of Article 1 of the Protocol shall be 
replaced by the following paragraph:

5. "Production" means the amount of controlled 
substances produced, minus the amount destroyed by 
technologies to be approved by the Parties and minus the 
amount entirely used as feedstock in the manufacture of 
other chemicals. The amount recycled and reused is not 
to be considered as "production".

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

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

C. Article 2, Paragraph 5

Paragraph 5 of Article 2 of the Protocol shall be 
replaced by the following paragraph:

5. Any Party may, for any one or more control periods, 
transfer to another Party any portion of its calculated 
level of production set out in Articles 2A to 2E, 
provided that the total combined calculated levels of 
production of the Parties concerned for any Group of 
controlled substances do not exceed the production 
limits set out in those Articles for that Group. Such 
transfer of production shall be notified to the 
Secretariat by each of the Parties concerned, stating 
the terms of such transfer and the period for which it 
is to apply.

D. Article 2, Paragraph 6

The following words shall be inserted in paragraph 6 of 
Article 2 before the words "controlled substances" the 
first time they occur:
Annex A or Annex B

E. Article 2, Paragraph 8 (a)

The following words shall be added after the words "this 
Article" wherever they appear in paragraph 8 (a) of 
Article 2 of the Protocol:

and Articles 2A to 2E

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

The following words shall be added after "Annex A" in 
paragraph 9 (a) (i) of Article 2 of the Protocol:
and/or Annex B

G. Article 2, Paragraph 9 (a) (ii)

The following words shall be deleted from paragraph 9 
(a) (ii) of Article 2 of the Protocol:

from 1986 levels

H. Article 2, paragraph 9 (c)

The following words shall be deleted from paragraph 9 
(c) of Article 2 of the Protocol:

representing at least fifty per cent of the total 
consumption of the controlled substances of the Parties
and  replaced  by:

representing a majority of the Parties operating under 
paragraph 1 of Article 5 present and voting and a 
majority of the Parties not so operating present and 
voting

I. Article 2, paragraph l0 (b) 

Paragraph 10 (b) of Article 2 of the Protocol shall be 
deleted, and paragraph 10 (a) of Article 2 shall become 
paragraph 10.

J. Article 2, paragraph 11

The following words shall be added after the words "this 
Article" wherever they occur in paragraph 11 of Article 
2 of the Protocol: and Articles 2A to 2E

K. Article 2C: Other fully halogenated CFCs
The following paragraphs shall be added to the Protocol 
as Article 2C:

Article 2C: Other fully halogenated CFCs

1. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 1993, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substances in Group I of 
Annex B does not exceed, annually, eighty per cent of 
its calculated level of consumption in 1989. Each Party 
producing one or more of these substances shall, for the 
same periods, ensure that its calculated level of 
production of the substances does not exceed, annually, 
eighty per cent of its calculated level of production in 
1989. However, in order to satisfy the basic domestic 
needs of the Parties operating under paragraph 1 of 
Article 5, its calculated level of production may exceed 
that limit by up to ten per cent of its calculated level 
of production in 1989.

2. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 1997, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substances in Group I of 
Annex B does not exceed, annually, fifteen percent of 
its calculated level of consumption in 1989. Each Party 
producing one or more of these substances shall, for the 
same periods, ensure that its calculated level of 
production of the substances does not exceed, annually, 
fifteen per cent of its calculated level of production 
in 1989. However, in order to satisfy the basic domestic 
needs of the Parties operating under paragraph 1 of 
Article 5, its calculated level of production may exceed 
that limit by up to ten per cent of its calculated level 
of production in 1989.

3. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 2000, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substances in Group I of 
Annex B does not exceed zero. Each Party producing one 
or more of these substances shall, for the same periods, 
ensure that its calculated level of production of the 
substances does not exceed zero. However, in order to 
satisfy the basic domestic needs of the Parties 
operating under paragraph 1 of Article 5, its calculated 
level of production may exceed that limit by up to 
fifteen per cent of its calculated level of production 
in 1989.

L. Article 2D: Carbon tetrachloride

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

Article 2D: Carbon tetrachloride

1. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 1995, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substance in Group II of 
Annex B does not exceed, annually, fifteen per cent of 
its calculated level of consumption in 1989. Each Party 
producing the substance shall, for the same periods, 
ensure that its calculated level of production of the 
substance does not exceed, annually, fifteen per cent of 
its calculated level of production in 1989. However, in 
order to satisfy the basic domestic needs of the Parties 
operating under paragraph 1 of Article 5, its calculated 
level of production may exceed that limit by up to ten 
per cent of its calculated level of production in 1989.

2. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 2000, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substance in Group II of 
Annex B does not exceed zero. Each Party producing the 
substance shall, for the same periods, ensure that its 
calculated level of production of the substance does not 
exceed zero. However, in order to satisfy the basic 
domestic needs of the Parties operating under 
paragraph 1 of Article 5, its calculated level of 
production may exceed that limit by up to fifteen per 
cent of its calculated level of production in 1989.

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

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

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

1. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 1993, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substance in Group III of 
Annex B does not exceed, annually, its calculated level 
of consumption in 1989. Each Party producing the 
substance shall, for the same periods, ensure that its 
calculated level of production of the substance does not 
exceed, annually, its calculated level of production in 
1989. However, in order to satisfy the basic domestic 
needs of the Parties operating under paragraph 1 of 
Article 5, its calculated level of production may exceed 
that limit by up to ten per cent of its calculated level 
of production in 1989.

2. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 1995, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substance in Group III of 
Annex B does not exceed, annually, seventy per cent of 
its calculated level of consumption in 1989. Each Party 
producing the substance shall, for the same periods, 
ensure that its calculated level of production of the 
substance does not exceed, annually, seventy percent of 
its calculated level of consumption in 1989. However, in 
order to satisfy the basic domestic needs of the Parties 
operating under paragraph 1 of Article 5, its calculated 
level of production may exceed that limit by up to ten 
percent of its calculated level of production in 1989.

3. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 2000, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substance in Group III of 
Annex B does not exceed, annually, thirty per cent of 
its calculated level of consumption in 1989. Each Party 
producing the substance shall, for the same periods, 
ensure that its calculated level of production of the 
substance does not exceed, annually, thirty per cent of 
its calculated level of production in 1989. However, in 
order to satisfy the basic domestic needs of Parties 
operating under paragraph 1 of Article 5, its calculated 
level of production may exceed that limit by up to ten 
per cent of its calculated level of production in 1989.

4. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 2005, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substance in Group III of 
Annex B does not exceed zero. Each Party producing the 
substance shall, for the same periods, ensure that its 
calculated level of production of the substance does not 
exceed zero. However, in order to satisfy the basic 
domestic needs of the Parties operating under 
paragraph 1 of Article 5, its calculated level of 
production may exceed that limit by up to fifteen per 
cent of its calculated level of production in 1989.

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

N. Article 3: Calculation of control levels

1. The following shall be added after "Articles 2" in 
Article 3 of the Protocol: , 2A to 2E,

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

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

1. Paragraphs 1 to 5 of Article 4 shall be replaced by 
the following paragraphs:

1. As of 1 January 1990, each Party shall ban the import 
of the controlled substances in Annex A from any State 
not party to this Protocol.

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

2. As of 1 January 1993, each Party shall ban the export 
of any controlled substances in Annex A to any State not 
party to this Protocol.

2 bis. Commencing one year after the date of entry into 
force of this paragraph, each Party shall ban the export 
of any controlled substances in Annex B to any State not 
party to this Protocol. 

3. By 1 January 1992, the Parties shall, following the 
procedures in Article 10 of the Convention, elaborate in 
an annex a list of products containing controlled 
substances in Annex A. Parties that have not objected to 
the annex in accordance with those procedures shall ban, 
within one year of the annex having become effective, 
the import of those products from any State not party to 
this Protocol.

3 bis. Within three years of the date of the entry into 
force of this paragraph, the Parties shall, following 
the procedures in Article 10 of the Convention, 
elaborate in an annex a list of products containing 
controlled substances in Annex B. Parties that have not 
objected to the annex in accordance with those 
procedures shall ban, within one year of the annex 
having become effective, the import of those products 
from any State not party to this Protocol.

4. By 1 January 1994, the Parties shall determine the 
feasibility of banning or restricting, from States not 
party to this Protocol, the import of products produced 
with, but not containing, controlled substances in Annex 
A. If determined feasible, the Parties shall, following 
the procedures in Article 10 of the Convention, 
elaborate in an annex a list of such products. Parties 
that have not objected to the annex in accordance with 
those procedures shall ban, within one year of the annex 
having become effective, the import of those products 
from any State not party to this Protocol.

4 bis. Within five years of the date of the entry into 
force of this paragraph, the Parties shall determine the 
feasibility of banning or restricting, from States not 
party to this Protocol, the import of products produced 
with, but not containing, controlled substances in Annex 

B. If determined feasible, the Parties shall, following 
the procedures in Article 10 of the Convention, 
elaborate in an annex a list of such products. Parties 
that have not objected to the annex in accordance with 
those procedures shall ban or restrict, within one year 
of the annex having become effective, the import of 
those products from any State not party to this 
Protocol.

5. Each Party undertakes to the fullest practicable 
extent to discourage the export to any State not party 
to this Protocol of technology for producing and for 
utilizing controlled substances. 

2. Paragraph 8 of Article 4 of the Protocol shall be 
replaced by the following paragraph:

8. Notwithstanding the provisions of this Article, 
imports referred to in paragraphs 1, 1 bis, 3, 3 bis, 4 
and 4 bis, and exports referred to in paragraphs 2 and 2 
bis, may be permitted from, or to, any State not party 
to this Protocol, if that State is determined by a 
meeting of the Parties to be in full compliance with 
Article 2, Articles 2A to 2E, and this Article and have 
submitted data to that effect as specified in Article 7.

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

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

P. Article 5: Special situation of developing countries

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

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

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

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

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

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

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

5. Developing the capacity to fulfill the obligations of 
the Parties operating under paragraph 1 of this Article 
to comply with the control measures set out in Articles 
2A to 2E and their implementation by those same Parties 
will depend upon the effective implementation of the 
financial co-operation as provided by Article 10 and 
transfer of technology as provided by Article l0A.

6. Any Party operating under paragraph 1 of this Article 
may, at any time, notify the Secretariat in writing 
that, having taken all practicable steps it is unable to 
implement any or all of the obligations laid down in 
Articles 2A to 2E due to the inadequate implementation 
of Articles 10 and l0A. The Secretariat shall forthwith 
transmit a copy of the notification to the Parties, 
which shall consider the matter at their next Meeting, 
giving due recognition to paragraph 5 of this Article 
and shall decide upon appropriate action to be taken.

7. During the period between notification and the 
Meeting of the Parties at which the appropriate action 
referred to in paragraph 6 above is to be decided, or 
for a further period if the Meeting of the Parties so 
decides, the non-compliance procedures referred 
to in Article 8 shall not be invoked against the 
notifying Party. 

8. A Meeting of the Parties shall review, not later than 
1995, the situation of the Parties operating under 
paragraph 1 of this Article, including the effective 
implementation of financial co-operation and transfer of 
technology to them, and adopt such revisions that may be 
deemed necessary regarding the schedule 
of control measures applicable to those Parties.

9. Decisions of the Parties ref





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




No summary of this treaty is available.
 



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.



ADJUSTMENTS AND AMENDMENT TO THE MONTREAL PROTOCOL 
ON SUBSTANCES THAT DEPLETE THE OZONE LAYER
(London 23 June 1990)

The Second Meeting of the Parties to the Montreal 
Protocol on Substances that Deplete the Ozone Layer 
decides, on the basis of assessments made pursuant to 
Article 6 of the Protocol, to adopt adjustments and 
reductions of production and consumption of the 
controlled substances in Annex A to the Protocol, as 
follows, with the understanding that:

(a) References in Article 2 to "this Article" and 
throughout the Protocol to "Article 2" shall be 
interpreted as references to Articles 2, 2A and 2B;

(b) References throughout the Protocol to "paragraphs 1 
to 4 of Article 2" shall be interpreted as references to 
Articles 2A and 2B; and

(c) The reference in paragraph 5 of Article 2 to 
"paragraphs 1, 3 and 4" shall be interpreted as a 
reference to Article 2A.

A. Article 2A: CFCs

Paragraph 1 of Article 2 of the Protocol shall become 
paragraph 1 of Article 2A, which shall be entitled 
"Article 2A: CFCs". 

Paragraphs 3 and 4 of Article 2 shall be replaced by the 
following paragraphs, which shall be numbered paragraphs 
2 to 6 of Article 2A:

2.Each Party shall ensure that for the period from 1 
July 1991 to 31 December 1992 its calculated levels of 
consumption and production of the controlled substances 
in Group I of Annex A do not exceed 150 per cent of its 
calculated levels of production and consumption of those 
substances in 1986; with effect from 1 January 1993, the 
twelve-month control period for these controlled 
substances shall run from 1 January to 31 December each 
year.

3. Each Party shall ensure that for the twelve-month 
period thereafter, its calculated level of consumption 
of the controlled substances in Group I of Annex A does 
not exceed, annually, fifty per cent of its calculated 
level of consumption in 1986. Each Party producing one 
or more of these substances shall, for the same periods, 
ensure that its calculated level of production of the 
substances does not exceed, annually, fifty per cent of 
its calculated level of production in 1986. However, in 
order to satisfy the basic domestic needs of the Parties 
operating under paragraph 1 of Article 5, its calculated 
level of production may exceed that limit by up to ten 
per cent of its calculated level of production in 1986.

4. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 1997, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substances in Group I of 
Annex A does not exceed, annually, fifteen per cent of 
its calculated level of consumption in 1986. Each Party 
producing one or more of these substances shall, for the 
same periods, ensure that its calculated level of 
production of the substances does not exceed, annually, 
fifteen per cent of its calculated level of production 
in 1986. However, in order to satisfy the basic domestic 
needs of the Parties operating under paragraph 1 of 
Article 5, its calculated level of production may exceed 
that limit by up to ten per cent of its calculated level 
of production in 1986.

5. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 2000, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substances in Group I of 
Annex A does not exceed zero. Each Party producing one 
or more of these substances shall, for the same periods, 
ensure that its calculated level of production of the 
substances does not exceed zero. However, in order to 
satisfy the basic domestic needs of the Parties 
operating under paragraph 1 of Article 5, its calculated 
level of production may exceed that limit by up to 
fifteen per cent of its calculated level of production 
in 1986.

6. In 1992, the Parties will review the situation with 
the objective of accelerating the reduction schedule.

B. Article 2B: Halons

Paragraph 2 of Article 2 of the Protocol shall be 
replaced by the following paragraphs, which shall be 
numbered paragraphs 1 to 4 of Article 2B:

Article 2B: Halons

1. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 1992, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substances in Group II of 
Annex A does not exceed, annually, its calculated level 
of consumption in 1986. Each Party producing one or more 
of these substances shall, for the same period ensure 
that its calculated level of production of the 
substances does not exceed, annually, its calculated 
level of production in 1986. However, in order to 
satisfy the basic domestic needs of the Parties 
operating under paragraph 1 of Article 5, its calculated 
level of production may exceed that limit by up to ten 
per cent of its calculated level of production in 1986.

2. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 1995, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substances in Group II of 
Annex A does not exceed, annually, fifty per cent of its 
calculated level of consumption in 1986. Each Party 
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 these Parties operating under paragraph 1 of 
Article 5, its calculated level of production may exceed 
that limit by up to ten per cent of its calculated level 
of production in 1986. This paragraph will apply save to 
the extent that the Parties decide to permit the level 
of production or consumption that is necessary to 
satisfy essential uses for which no adequate 
alternatives are available.

3. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 2000, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substances in Group II of 
Annex A does not exceed zero. Each Party producing one 
or more of these substances shall, for the same periods, 
ensure that its calculated level of production of the 
substances does not exceed zero. However, in order to 
satisfy the basic domestic needs of these Parties 
operating under paragraph 1 of Article 5, its calculated 
level of production may exceed that limit by up to 
fifteen per cent of its calculated level of production 
in 1986. This paragraph will apply save to the extent 
that the Parties decide to permit the level of 
production or consumption that is necessary to satisfy 
essential uses for which no adequate alternatives are 
available.

4. By 1 January 1993, the Parties shall adopt a decision 
identifying essential uses, if any, for the purposes of 
paragraphs 2 and 3 of this Article. Such decision shall 
be reviewed by the Parties at their subsequent meetings.

AMENDMENT TO THE MONTREAL PROTOCOL ON SUBSTANCES THAT 
DEPLETE THE OZONE LAYER

Article 1: Amendment

A. Preambular paragraphs


1. The 6th preambular paragraph of the Protocol shall be 
replaced by the following: "Determined to protect the 
ozone layer by taking precautionary measures to control 
equitably total global emissions of substances that 
deplete it, with the ultimate objective of their 
elimination on the basis of developments in scientific 
knowledge, taking into account technical and economic 
considerations and bearing in mind the developmental 
needs of developing countries,"

2. The 7th preambular paragraph of the Protocol shall be 
replaced by the following: Acknowledging that special 
provision is required to meet the needs of developing 
countries, including the provision of additional 
financial resources and access to relevant technologies, 
bearing in mind that the magnitude of funds necessary is 
predictable, and the funds can be expected to make a 
substantial difference in the world's ability to address 
the scientifically established problem of ozone 
depletion and its harmful effects,

3. The 9th preambular paragraph of the Protocol shall be 
replaced by the following: Considering the importance of 
promoting international  co-operation in the research, 
development and transfer of alternative technologies 
relating to the control and reduction of emissions of 
substances that deplete the ozone layer, bearing in mind 
in particular the needs of developing countries,

B. Article 1: Definitions

1. Paragraph 4 of Article 1 of the Protocol shall be 
replaced by the following paragraph:

4. "Controlled substance" means a substance in Annex A 
or in Annex B to this Protocol, whether existing alone 
or in a mixture. It includes the isomers of any such 
substance, except as specified in the relevant Annex, 
but excludes any controlled substance or mixture which 
is in a manufactured product other than a container used 
for the transportation or storage of that substance.

2. Paragraph 5 of Article 1 of the Protocol shall be 
replaced by the following paragraph:

5. "Production" means the amount of controlled 
substances produced, minus the amount destroyed by 
technologies to be approved by the Parties and minus the 
amount entirely used as feedstock in the manufacture of 
other chemicals. The amount recycled and reused is not 
to be considered as "production".

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

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

C. Article 2, Paragraph 5

Paragraph 5 of Article 2 of the Protocol shall be 
replaced by the following paragraph:

5. Any Party may, for any one or more control periods, 
transfer to another Party any portion of its calculated 
level of production set out in Articles 2A to 2E, 
provided that the total combined calculated levels of 
production of the Parties concerned for any Group of 
controlled substances do not exceed the production 
limits set out in those Articles for that Group. Such 
transfer of production shall be notified to the 
Secretariat by each of the Parties concerned, stating 
the terms of such transfer and the period for which it 
is to apply.

D. Article 2, Paragraph 6

The following words shall be inserted in paragraph 6 of 
Article 2 before the words "controlled substances" the 
first time they occur:
Annex A or Annex B

E. Article 2, Paragraph 8 (a)

The following words shall be added after the words "this 
Article" wherever they appear in paragraph 8 (a) of 
Article 2 of the Protocol:

and Articles 2A to 2E

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

The following words shall be added after "Annex A" in 
paragraph 9 (a) (i) of Article 2 of the Protocol:
and/or Annex B

G. Article 2, Paragraph 9 (a) (ii)

The following words shall be deleted from paragraph 9 
(a) (ii) of Article 2 of the Protocol:

from 1986 levels

H. Article 2, paragraph 9 (c)

The following words shall be deleted from paragraph 9 
(c) of Article 2 of the Protocol:

representing at least fifty per cent of the total 
consumption of the controlled substances of the Parties
and  replaced  by:

representing a majority of the Parties operating under 
paragraph 1 of Article 5 present and voting and a 
majority of the Parties not so operating present and 
voting

I. Article 2, paragraph l0 (b) 

Paragraph 10 (b) of Article 2 of the Protocol shall be 
deleted, and paragraph 10 (a) of Article 2 shall become 
paragraph 10.

J. Article 2, paragraph 11

The following words shall be added after the words "this 
Article" wherever they occur in paragraph 11 of Article 
2 of the Protocol: and Articles 2A to 2E

K. Article 2C: Other fully halogenated CFCs
The following paragraphs shall be added to the Protocol 
as Article 2C:

Article 2C: Other fully halogenated CFCs

1. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 1993, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substances in Group I of 
Annex B does not exceed, annually, eighty per cent of 
its calculated level of consumption in 1989. Each Party 
producing one or more of these substances shall, for the 
same periods, ensure that its calculated level of 
production of the substances does not exceed, annually, 
eighty per cent of its calculated level of production in 
1989. However, in order to satisfy the basic domestic 
needs of the Parties operating under paragraph 1 of 
Article 5, its calculated level of production may exceed 
that limit by up to ten per cent of its calculated level 
of production in 1989.

2. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 1997, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substances in Group I of 
Annex B does not exceed, annually, fifteen percent of 
its calculated level of consumption in 1989. Each Party 
producing one or more of these substances shall, for the 
same periods, ensure that its calculated level of 
production of the substances does not exceed, annually, 
fifteen per cent of its calculated level of production 
in 1989. However, in order to satisfy the basic domestic 
needs of the Parties operating under paragraph 1 of 
Article 5, its calculated level of production may exceed 
that limit by up to ten per cent of its calculated level 
of production in 1989.

3. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 2000, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substances in Group I of 
Annex B does not exceed zero. Each Party producing one 
or more of these substances shall, for the same periods, 
ensure that its calculated level of production of the 
substances does not exceed zero. However, in order to 
satisfy the basic domestic needs of the Parties 
operating under paragraph 1 of Article 5, its calculated 
level of production may exceed that limit by up to 
fifteen per cent of its calculated level of production 
in 1989.

L. Article 2D: Carbon tetrachloride

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

Article 2D: Carbon tetrachloride

1. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 1995, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substance in Group II of 
Annex B does not exceed, annually, fifteen per cent of 
its calculated level of consumption in 1989. Each Party 
producing the substance shall, for the same periods, 
ensure that its calculated level of production of the 
substance does not exceed, annually, fifteen per cent of 
its calculated level of production in 1989. However, in 
order to satisfy the basic domestic needs of the Parties 
operating under paragraph 1 of Article 5, its calculated 
level of production may exceed that limit by up to ten 
per cent of its calculated level of production in 1989.

2. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 2000, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substance in Group II of 
Annex B does not exceed zero. Each Party producing the 
substance shall, for the same periods, ensure that its 
calculated level of production of the substance does not 
exceed zero. However, in order to satisfy the basic 
domestic needs of the Parties operating under 
paragraph 1 of Article 5, its calculated level of 
production may exceed that limit by up to fifteen per 
cent of its calculated level of production in 1989.

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

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

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

1. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 1993, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substance in Group III of 
Annex B does not exceed, annually, its calculated level 
of consumption in 1989. Each Party producing the 
substance shall, for the same periods, ensure that its 
calculated level of production of the substance does not 
exceed, annually, its calculated level of production in 
1989. However, in order to satisfy the basic domestic 
needs of the Parties operating under paragraph 1 of 
Article 5, its calculated level of production may exceed 
that limit by up to ten per cent of its calculated level 
of production in 1989.

2. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 1995, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substance in Group III of 
Annex B does not exceed, annually, seventy per cent of 
its calculated level of consumption in 1989. Each Party 
producing the substance shall, for the same periods, 
ensure that its calculated level of production of the 
substance does not exceed, annually, seventy percent of 
its calculated level of consumption in 1989. However, in 
order to satisfy the basic domestic needs of the Parties 
operating under paragraph 1 of Article 5, its calculated 
level of production may exceed that limit by up to ten 
percent of its calculated level of production in 1989.

3. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 2000, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substance in Group III of 
Annex B does not exceed, annually, thirty per cent of 
its calculated level of consumption in 1989. Each Party 
producing the substance shall, for the same periods, 
ensure that its calculated level of production of the 
substance does not exceed, annually, thirty per cent of 
its calculated level of production in 1989. However, in 
order to satisfy the basic domestic needs of Parties 
operating under paragraph 1 of Article 5, its calculated 
level of production may exceed that limit by up to ten 
per cent of its calculated level of production in 1989.

4. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 2005, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substance in Group III of 
Annex B does not exceed zero. Each Party producing the 
substance shall, for the same periods, ensure that its 
calculated level of production of the substance does not 
exceed zero. However, in order to satisfy the basic 
domestic needs of the Parties operating under 
paragraph 1 of Article 5, its calculated level of 
production may exceed that limit by up to fifteen per 
cent of its calculated level of production in 1989.

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

N. Article 3: Calculation of control levels

1. The following shall be added after "Articles 2" in 
Article 3 of the Protocol: , 2A to 2E,

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

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

1. Paragraphs 1 to 5 of Article 4 shall be replaced by 
the following paragraphs:

1. As of 1 January 1990, each Party shall ban the import 
of the controlled substances in Annex A from any State 
not party to this Protocol.

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

2. As of 1 January 1993, each Party shall ban the export 
of any controlled substances in Annex A to any State not 
party to this Protocol.

2 bis. Commencing one year after the date of entry into 
force of this paragraph, each Party shall ban the export 
of any controlled substances in Annex B to any State not 
party to this Protocol. 

3. By 1 January 1992, the Parties shall, following the 
procedures in Article 10 of the Convention, elaborate in 
an annex a list of products containing controlled 
substances in Annex A. Parties that have not objected to 
the annex in accordance with those procedures shall ban, 
within one year of the annex having become effective, 
the import of those products from any State not party to 
this Protocol.

3 bis. Within three years of the date of the entry into 
force of this paragraph, the Parties shall, following 
the procedures in Article 10 of the Convention, 
elaborate in an annex a list of products containing 
controlled substances in Annex B. Parties that have not 
objected to the annex in accordance with those 
procedures shall ban, within one year of the annex 
having become effective, the import of those products 
from any State not party to this Protocol.

4. By 1 January 1994, the Parties shall determine the 
feasibility of banning or restricting, from States not 
party to this Protocol, the import of products produced 
with, but not containing, controlled substances in Annex 
A. If determined feasible, the Parties shall, following 
the procedures in Article 10 of the Convention, 
elaborate in an annex a list of such products. Parties 
that have not objected to the annex in accordance with 
those procedures shall ban, within one year of the annex 
having become effective, the import of those products 
from any State not party to this Protocol.

4 bis. Within five years of the date of the entry into 
force of this paragraph, the Parties shall determine the 
feasibility of banning or restricting, from States not 
party to this Protocol, the import of products produced 
with, but not containing, controlled substances in Annex 

B. If determined feasible, the Parties shall, following 
the procedures in Article 10 of the Convention, 
elaborate in an annex a list of such products. Parties 
that have not objected to the annex in accordance with 
those procedures shall ban or restrict, within one year 
of the annex having become effective, the import of 
those products from any State not party to this 
Protocol.

5. Each Party undertakes to the fullest practicable 
extent to discourage the export to any State not party 
to this Protocol of technology for producing and for 
utilizing controlled substances. 

2. Paragraph 8 of Article 4 of the Protocol shall be 
replaced by the following paragraph:

8. Notwithstanding the provisions of this Article, 
imports referred to in paragraphs 1, 1 bis, 3, 3 bis, 4 
and 4 bis, and exports referred to in paragraphs 2 and 2 
bis, may be permitted from, or to, any State not party 
to this Protocol, if that State is determined by a 
meeting of the Parties to be in full compliance with 
Article 2, Articles 2A to 2E, and this Article and have 
submitted data to that effect as specified in Article 7.

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

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

P. Article 5: Special situation of developing countries

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

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

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

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

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

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

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

5. Developing the capacity to fulfill the obligations of 
the Parties operating under paragraph 1 of this Article 
to comply with the control measures set out in Articles 
2A to 2E and their implementation by those same Parties 
will depend upon the effective implementation of the 
financial co-operation as provided by Article 10 and 
transfer of technology as provided by Article l0A.

6. Any Party operating under paragraph 1 of this Article 
may, at any time, notify the Secretariat in writing 
that, having taken all practicable steps it is unable to 
implement any or all of the obligations laid down in 
Articles 2A to 2E due to the inadequate implementation 
of Articles 10 and l0A. The Secretariat shall forthwith 
transmit a copy of the notification to the Parties, 
which shall consider the matter at their next Meeting, 
giving due recognition to paragraph 5 of this Article 
and shall decide upon appropriate action to be taken.

7. During the period between notification and the 
Meeting of the Parties at which the appropriate action 
referred to in paragraph 6 above is to be decided, or 
for a further period if the Meeting of the Parties so 
decides, the non-compliance procedures referred 
to in Article 8 shall not be invoked against the 
notifying Party. 

8. A Meeting of the Parties shall review, not later than 
1995, the situation of the Parties operating under 
paragraph 1 of this Article, including the effective 
implementation of financial co-operation and transfer of 
technology to them, and adopt such revisions that may be 
deemed necessary regarding the schedule 
of control measures applicable to those Parties.

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

Q. Article 6: Assessment and review of control measures

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

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

R. Article 7: Reporting of data

1. Article 7 of the Protocol shall be replaced by the 
following: 1. Each Party shall provide to the 
Secretariat, within three months of becoming a Party, 
statistical data on its production, imports and exports 
of each of the controlled substances in Annex A for the 
year 1986, or the best possible estimates of such data 
where actual data are not available.

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

3. Each Party shall provide statistical data to the 
Secretariat on its annual production (as defined in 
paragraph 5 of Article 1), and, separately,
- amounts used for feedstocks,
- amounts destroyed by technologies approved by the 
Parties,
- imports and exports to Parties and non-Parties 
respectively,
of each of the controlled substances listed in Annexes A 
and B as well as of the transitional substances in Group 
I of Annex C, for the year during which provisions 
concerning the substances in Annex B entered into force 
for that Party and for each year thereafter. Data shall 
be forwarded not later than nine months after the end of 
the year to which the data relate.

4. For Parties operating under the provisions of 
paragraph 8 (a) of Article 2, the requirements in 
paragraphs 1, 2 and 3 of this Article in respect of 
statistical data on imports and exports shall be 
satisfied if the regional economic integration 
organization concerned provides data on imports and 
exports between the organization and States that are not 
members of that organization.

5. Article 9: Research, development, public awareness 
and exchange of information

Paragraph 1 (a) of Article 9 of the Protocol shall be 
replaced by the following:

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

T. Article 10: Financial mechanism

Article 10 of the Protocol shall be replaced by the 
following: 

Article 10: Financial mechanism

1. The Parties shall establish a mechanism for the 
purposes of providing financial and technical co-
operation, including the transfer of technologies, to 
Parties operating under paragraph 1 of Article 5 of this 
Protocol to enable their compliance with the control 
measures set out in Articles 2A to 2E of the Protocol. 
The mechanism, contributions to which shall be 
additional to other financial transfers to Parties 
operating under that paragraph, shall meet all agreed 
incremental costs of such Parties in order to enable 
their compliance with the control measures of the 
Protocol. An indicative list of the categories of 
incremental costs shall be decided by the meeting of the 
Parties.

2. The mechanism established under paragraph 1 shall 
include a Multilateral Fund. It may also include other 
means of multilateral, regional and bilateral co-
operation.

3. The Multilateral Fund shall:

(a) Meet, on a grant or concessional basis as 
appropriate, and according to criteria to be decided 
upon by the Parties, the agreed incremental costs;

(b) Finance clearing-house functions to:
(i) Assist Parties operating under paragraph 1 of 
Article 5, through country specific studies and other 
technical co-operation, to i





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




No summary of this treaty is available.
 



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.



ADJUSTMENTS AND AMENDMENT TO THE MONTREAL PROTOCOL 
ON SUBSTANCES THAT DEPLETE THE OZONE LAYER
(London 23 June 1990)

The Second Meeting of the Parties to the Montreal 
Protocol on Substances that Deplete the Ozone Layer 
decides, on the basis of assessments made pursuant to 
Article 6 of the Protocol, to adopt adjustments and 
reductions of production and consumption of the 
controlled substances in Annex A to the Protocol, as 
follows, with the understanding that:

(a) References in Article 2 to "this Article" and 
throughout the Protocol to "Article 2" shall be 
interpreted as references to Articles 2, 2A and 2B;

(b) References throughout the Protocol to "paragraphs 1 
to 4 of Article 2" shall be interpreted as references to 
Articles 2A and 2B; and

(c) The reference in paragraph 5 of Article 2 to 
"paragraphs 1, 3 and 4" shall be interpreted as a 
reference to Article 2A.

A. Article 2A: CFCs

Paragraph 1 of Article 2 of the Protocol shall become 
paragraph 1 of Article 2A, which shall be entitled 
"Article 2A: CFCs". 

Paragraphs 3 and 4 of Article 2 shall be replaced by the 
following paragraphs, which shall be numbered paragraphs 
2 to 6 of Article 2A:

2.Each Party shall ensure that for the period from 1 
July 1991 to 31 December 1992 its calculated levels of 
consumption and production of the controlled substances 
in Group I of Annex A do not exceed 150 per cent of its 
calculated levels of production and consumption of those 
substances in 1986; with effect from 1 January 1993, the 
twelve-month control period for these controlled 
substances shall run from 1 January to 31 December each 
year.

3. Each Party shall ensure that for the twelve-month 
period thereafter, its calculated level of consumption 
of the controlled substances in Group I of Annex A does 
not exceed, annually, fifty per cent of its calculated 
level of consumption in 1986. Each Party producing one 
or more of these substances shall, for the same periods, 
ensure that its calculated level of production of the 
substances does not exceed, annually, fifty per cent of 
its calculated level of production in 1986. However, in 
order to satisfy the basic domestic needs of the Parties 
operating under paragraph 1 of Article 5, its calculated 
level of production may exceed that limit by up to ten 
per cent of its calculated level of production in 1986.

4. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 1997, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substances in Group I of 
Annex A does not exceed, annually, fifteen per cent of 
its calculated level of consumption in 1986. Each Party 
producing one or more of these substances shall, for the 
same periods, ensure that its calculated level of 
production of the substances does not exceed, annually, 
fifteen per cent of its calculated level of production 
in 1986. However, in order to satisfy the basic domestic 
needs of the Parties operating under paragraph 1 of 
Article 5, its calculated level of production may exceed 
that limit by up to ten per cent of its calculated level 
of production in 1986.

5. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 2000, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substances in Group I of 
Annex A does not exceed zero. Each Party producing one 
or more of these substances shall, for the same periods, 
ensure that its calculated level of production of the 
substances does not exceed zero. However, in order to 
satisfy the basic domestic needs of the Parties 
operating under paragraph 1 of Article 5, its calculated 
level of production may exceed that limit by up to 
fifteen per cent of its calculated level of production 
in 1986.

6. In 1992, the Parties will review the situation with 
the objective of accelerating the reduction schedule.

B. Article 2B: Halons

Paragraph 2 of Article 2 of the Protocol shall be 
replaced by the following paragraphs, which shall be 
numbered paragraphs 1 to 4 of Article 2B:

Article 2B: Halons

1. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 1992, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substances in Group II of 
Annex A does not exceed, annually, its calculated level 
of consumption in 1986. Each Party producing one or more 
of these substances shall, for the same period ensure 
that its calculated level of production of the 
substances does not exceed, annually, its calculated 
level of production in 1986. However, in order to 
satisfy the basic domestic needs of the Parties 
operating under paragraph 1 of Article 5, its calculated 
level of production may exceed that limit by up to ten 
per cent of its calculated level of production in 1986.

2. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 1995, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substances in Group II of 
Annex A does not exceed, annually, fifty per cent of its 
calculated level of consumption in 1986. Each Party 
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 these Parties operating under paragraph 1 of 
Article 5, its calculated level of production may exceed 
that limit by up to ten per cent of its calculated level 
of production in 1986. This paragraph will apply save to 
the extent that the Parties decide to permit the level 
of production or consumption that is necessary to 
satisfy essential uses for which no adequate 
alternatives are available.

3. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 2000, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substances in Group II of 
Annex A does not exceed zero. Each Party producing one 
or more of these substances shall, for the same periods, 
ensure that its calculated level of production of the 
substances does not exceed zero. However, in order to 
satisfy the basic domestic needs of these Parties 
operating under paragraph 1 of Article 5, its calculated 
level of production may exceed that limit by up to 
fifteen per cent of its calculated level of production 
in 1986. This paragraph will apply save to the extent 
that the Parties decide to permit the level of 
production or consumption that is necessary to satisfy 
essential uses for which no adequate alternatives are 
available.

4. By 1 January 1993, the Parties shall adopt a decision 
identifying essential uses, if any, for the purposes of 
paragraphs 2 and 3 of this Article. Such decision shall 
be reviewed by the Parties at their subsequent meetings.

AMENDMENT TO THE MONTREAL PROTOCOL ON SUBSTANCES THAT 
DEPLETE THE OZONE LAYER

Article 1: Amendment

A. Preambular paragraphs


1. The 6th preambular paragraph of the Protocol shall be 
replaced by the following: "Determined to protect the 
ozone layer by taking precautionary measures to control 
equitably total global emissions of substances that 
deplete it, with the ultimate objective of their 
elimination on the basis of developments in scientific 
knowledge, taking into account technical and economic 
considerations and bearing in mind the developmental 
needs of developing countries,"

2. The 7th preambular paragraph of the Protocol shall be 
replaced by the following: Acknowledging that special 
provision is required to meet the needs of developing 
countries, including the provision of additional 
financial resources and access to relevant technologies, 
bearing in mind that the magnitude of funds necessary is 
predictable, and the funds can be expected to make a 
substantial difference in the world's ability to address 
the scientifically established problem of ozone 
depletion and its harmful effects,

3. The 9th preambular paragraph of the Protocol shall be 
replaced by the following: Considering the importance of 
promoting international  co-operation in the research, 
development and transfer of alternative technologies 
relating to the control and reduction of emissions of 
substances that deplete the ozone layer, bearing in mind 
in particular the needs of developing countries,

B. Article 1: Definitions

1. Paragraph 4 of Article 1 of the Protocol shall be 
replaced by the following paragraph:

4. "Controlled substance" means a substance in Annex A 
or in Annex B to this Protocol, whether existing alone 
or in a mixture. It includes the isomers of any such 
substance, except as specified in the relevant Annex, 
but excludes any controlled substance or mixture which 
is in a manufactured product other than a container used 
for the transportation or storage of that substance.

2. Paragraph 5 of Article 1 of the Protocol shall be 
replaced by the following paragraph:

5. "Production" means the amount of controlled 
substances produced, minus the amount destroyed by 
technologies to be approved by the Parties and minus the 
amount entirely used as feedstock in the manufacture of 
other chemicals. The amount recycled and reused is not 
to be considered as "production".

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

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

C. Article 2, Paragraph 5

Paragraph 5 of Article 2 of the Protocol shall be 
replaced by the following paragraph:

5. Any Party may, for any one or more control periods, 
transfer to another Party any portion of its calculated 
level of production set out in Articles 2A to 2E, 
provided that the total combined calculated levels of 
production of the Parties concerned for any Group of 
controlled substances do not exceed the production 
limits set out in those Articles for that Group. Such 
transfer of production shall be notified to the 
Secretariat by each of the Parties concerned, stating 
the terms of such transfer and the period for which it 
is to apply.

D. Article 2, Paragraph 6

The following words shall be inserted in paragraph 6 of 
Article 2 before the words "controlled substances" the 
first time they occur:
Annex A or Annex B

E. Article 2, Paragraph 8 (a)

The following words shall be added after the words "this 
Article" wherever they appear in paragraph 8 (a) of 
Article 2 of the Protocol:

and Articles 2A to 2E

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

The following words shall be added after "Annex A" in 
paragraph 9 (a) (i) of Article 2 of the Protocol:
and/or Annex B

G. Article 2, Paragraph 9 (a) (ii)

The following words shall be deleted from paragraph 9 
(a) (ii) of Article 2 of the Protocol:

from 1986 levels

H. Article 2, paragraph 9 (c)

The following words shall be deleted from paragraph 9 
(c) of Article 2 of the Protocol:

representing at least fifty per cent of the total 
consumption of the controlled substances of the Parties
and  replaced  by:

representing a majority of the Parties operating under 
paragraph 1 of Article 5 present and voting and a 
majority of the Parties not so operating present and 
voting

I. Article 2, paragraph l0 (b) 

Paragraph 10 (b) of Article 2 of the Protocol shall be 
deleted, and paragraph 10 (a) of Article 2 shall become 
paragraph 10.

J. Article 2, paragraph 11

The following words shall be added after the words "this 
Article" wherever they occur in paragraph 11 of Article 
2 of the Protocol: and Articles 2A to 2E

K. Article 2C: Other fully halogenated CFCs
The following paragraphs shall be added to the Protocol 
as Article 2C:

Article 2C: Other fully halogenated CFCs

1. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 1993, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substances in Group I of 
Annex B does not exceed, annually, eighty per cent of 
its calculated level of consumption in 1989. Each Party 
producing one or more of these substances shall, for the 
same periods, ensure that its calculated level of 
production of the substances does not exceed, annually, 
eighty per cent of its calculated level of production in 
1989. However, in order to satisfy the basic domestic 
needs of the Parties operating under paragraph 1 of 
Article 5, its calculated level of production may exceed 
that limit by up to ten per cent of its calculated level 
of production in 1989.

2. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 1997, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substances in Group I of 
Annex B does not exceed, annually, fifteen percent of 
its calculated level of consumption in 1989. Each Party 
producing one or more of these substances shall, for the 
same periods, ensure that its calculated level of 
production of the substances does not exceed, annually, 
fifteen per cent of its calculated level of production 
in 1989. However, in order to satisfy the basic domestic 
needs of the Parties operating under paragraph 1 of 
Article 5, its calculated level of production may exceed 
that limit by up to ten per cent of its calculated level 
of production in 1989.

3. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 2000, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substances in Group I of 
Annex B does not exceed zero. Each Party producing one 
or more of these substances shall, for the same periods, 
ensure that its calculated level of production of the 
substances does not exceed zero. However, in order to 
satisfy the basic domestic needs of the Parties 
operating under paragraph 1 of Article 5, its calculated 
level of production may exceed that limit by up to 
fifteen per cent of its calculated level of production 
in 1989.

L. Article 2D: Carbon tetrachloride

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

Article 2D: Carbon tetrachloride

1. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 1995, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substance in Group II of 
Annex B does not exceed, annually, fifteen per cent of 
its calculated level of consumption in 1989. Each Party 
producing the substance shall, for the same periods, 
ensure that its calculated level of production of the 
substance does not exceed, annually, fifteen per cent of 
its calculated level of production in 1989. However, in 
order to satisfy the basic domestic needs of the Parties 
operating under paragraph 1 of Article 5, its calculated 
level of production may exceed that limit by up to ten 
per cent of its calculated level of production in 1989.

2. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 2000, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substance in Group II of 
Annex B does not exceed zero. Each Party producing the 
substance shall, for the same periods, ensure that its 
calculated level of production of the substance does not 
exceed zero. However, in order to satisfy the basic 
domestic needs of the Parties operating under 
paragraph 1 of Article 5, its calculated level of 
production may exceed that limit by up to fifteen per 
cent of its calculated level of production in 1989.

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

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

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

1. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 1993, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substance in Group III of 
Annex B does not exceed, annually, its calculated level 
of consumption in 1989. Each Party producing the 
substance shall, for the same periods, ensure that its 
calculated level of production of the substance does not 
exceed, annually, its calculated level of production in 
1989. However, in order to satisfy the basic domestic 
needs of the Parties operating under paragraph 1 of 
Article 5, its calculated level of production may exceed 
that limit by up to ten per cent of its calculated level 
of production in 1989.

2. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 1995, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substance in Group III of 
Annex B does not exceed, annually, seventy per cent of 
its calculated level of consumption in 1989. Each Party 
producing the substance shall, for the same periods, 
ensure that its calculated level of production of the 
substance does not exceed, annually, seventy percent of 
its calculated level of consumption in 1989. However, in 
order to satisfy the basic domestic needs of the Parties 
operating under paragraph 1 of Article 5, its calculated 
level of production may exceed that limit by up to ten 
percent of its calculated level of production in 1989.

3. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 2000, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substance in Group III of 
Annex B does not exceed, annually, thirty per cent of 
its calculated level of consumption in 1989. Each Party 
producing the substance shall, for the same periods, 
ensure that its calculated level of production of the 
substance does not exceed, annually, thirty per cent of 
its calculated level of production in 1989. However, in 
order to satisfy the basic domestic needs of Parties 
operating under paragraph 1 of Article 5, its calculated 
level of production may exceed that limit by up to ten 
per cent of its calculated level of production in 1989.

4. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 2005, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substance in Group III of 
Annex B does not exceed zero. Each Party producing the 
substance shall, for the same periods, ensure that its 
calculated level of production of the substance does not 
exceed zero. However, in order to satisfy the basic 
domestic needs of the Parties operating under 
paragraph 1 of Article 5, its calculated level of 
production may exceed that limit by up to fifteen per 
cent of its calculated level of production in 1989.

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

N. Article 3: Calculation of control levels

1. The following shall be added after "Articles 2" in 
Article 3 of the Protocol: , 2A to 2E,

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

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

1. Paragraphs 1 to 5 of Article 4 shall be replaced by 
the following paragraphs:

1. As of 1 January 1990, each Party shall ban the import 
of the controlled substances in Annex A from any State 
not party to this Protocol.

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

2. As of 1 January 1993, each Party shall ban the export 
of any controlled substances in Annex A to any State not 
party to this Protocol.

2 bis. Commencing one year after the date of entry into 
force of this paragraph, each Party shall ban the export 
of any controlled substances in Annex B to any State not 
party to this Protocol. 

3. By 1 January 1992, the Parties shall, following the 
procedures in Article 10 of the Convention, elaborate in 
an annex a list of products containing controlled 
substances in Annex A. Parties that have not objected to 
the annex in accordance with those procedures shall ban, 
within one year of the annex having become effective, 
the import of those products from any State not party to 
this Protocol.

3 bis. Within three years of the date of the entry into 
force of this paragraph, the Parties shall, following 
the procedures in Article 10 of the Convention, 
elaborate in an annex a list of products containing 
controlled substances in Annex B. Parties that have not 
objected to the annex in accordance with those 
procedures shall ban, within one year of the annex 
having become effective, the import of those products 
from any State not party to this Protocol.

4. By 1 January 1994, the Parties shall determine the 
feasibility of banning or restricting, from States not 
party to this Protocol, the import of products produced 
with, but not containing, controlled substances in Annex 
A. If determined feasible, the Parties shall, following 
the procedures in Article 10 of the Convention, 
elaborate in an annex a list of such products. Parties 
that have not objected to the annex in accordance with 
those procedures shall ban, within one year of the annex 
having become effective, the import of those products 
from any State not party to this Protocol.

4 bis. Within five years of the date of the entry into 
force of this paragraph, the Parties shall determine the 
feasibility of banning or restricting, from States not 
party to this Protocol, the import of products produced 
with, but not containing, controlled substances in Annex 

B. If determined feasible, the Parties shall, following 
the procedures in Article 10 of the Convention, 
elaborate in an annex a list of such products. Parties 
that have not objected to the annex in accordance with 
those procedures shall ban or restrict, within one year 
of the annex having become effective, the import of 
those products from any State not party to this 
Protocol.

5. Each Party undertakes to the fullest practicable 
extent to discourage the export to any State not party 
to this Protocol of technology for producing and for 
utilizing controlled substances. 

2. Paragraph 8 of Article 4 of the Protocol shall be 
replaced by the following paragraph:

8. Notwithstanding the provisions of this Article, 
imports referred to in paragraphs 1, 1 bis, 3, 3 bis, 4 
and 4 bis, and exports referred to in paragraphs 2 and 2 
bis, may be permitted from, or to, any State not party 
to this Protocol, if that State is determined by a 
meeting of the Parties to be in full compliance with 
Article 2, Articles 2A to 2E, and this Article and have 
submitted data to that effect as specified in Article 7.

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

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

P. Article 5: Special situation of developing countries

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

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

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

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

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

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

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

5. Developing the capacity to fulfill the obligations of 
the Parties operating under paragraph 1 of this Article 
to comply with the control measures set out in Articles 
2A to 2E and their implementation by those same Parties 
will depend upon the effective implementation of the 
financial co-operation as provided by Article 10 and 
transfer of technology as provided by Article l0A.

6. Any Party operating under paragraph 1 of this Article 
may, at any time, notify the Secretariat in writing 
that, having taken all practicable steps it is unable to 
implement any or all of the obligations laid down in 
Articles 2A to 2E due to the inadequate implementation 
of Articles 10 and l0A. The Secretariat shall forthwith 
transmit a copy of the notification to the Parties, 
which shall consider the matter at their next Meeting, 
giving due recognition to paragraph 5 of this Article 
and shall decide upon appropriate action to be taken.

7. During the period between notification and the 
Meeting of the Parties at which the appropriate action 
referred to in paragraph 6 above is to be decided, or 
for a further period if the Meeting of the Parties so 
decides, the non-compliance procedures referred 
to in Article 8 shall not be invoked against the 
notifying Party. 

8. A Meeting of the Parties shall review, not later than 
1995, the situation of the Parties operating under 
paragraph 1 of this Article, including the effective 
implementation of financial co-operation and transfer of 
technology to them, and adopt such revisions that may be 
deemed necessary regarding the schedule 
of control measures applicable to those Parties.

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

Q. Article 6: Assessment and review of control measures

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

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

R. Article 7: Reporting of data

1. Article 7 of the Protocol shall be replaced by the 
following: 1. Each Party shall provide to the 
Secretariat, within three months of becoming a Party, 
statistical data on its production, imports and exports 
of each of the controlled substances in Annex A for the 
year 1986, or the best possible estimates of such data 
where actual data are not available.

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

3. Each Party shall provide statistical data to the 
Secretariat on its annual production (as defined in 
paragraph 5 of Article 1), and, separately,
- amounts used for feedstocks,
- amounts destroyed by technologies approved by the 
Parties,
- imports and exports to Parties and non-Parties 
respectively,
of each of the controlled substances listed in Annexes A 
and B as well as of the transitional substances in Group 
I of Annex C, for the year during which provisions 
concerning the substances in Annex B entered into force 
for that Party and for each year thereafter. Data shall 
be forwarded not later than nine months after the end of 
the year to which the data relate.

4. For Parties operating under the provisions of 
paragraph 8 (a) of Article 2, the requirements in 
paragraphs 1, 2 and 3 of this Article in respect of 
statistical data on imports and exports shall be 
satisfied if the regional economic integration 
organization concerned provides data on imports and 
exports between the organization and States that are not 
members of that organization.

5. Article 9: Research, development, public awareness 
and exchange of information

Paragraph 1 (a) of Article 9 of the Protocol shall be 
replaced by the following:

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

T. Article 10: Financial mechanism

Article 10 of the Protocol shall be replaced by the 
following: 

Article 10: Financial mechanism

1. The Parties shall establish a mechanism for the 
purposes of providing financial and technical co-
operation, including the transfer of technologies, to 
Parties operating under paragraph 1 of Article 5 of this 
Protocol to enable their compliance with the control 
measures set out in Articles 2A to 2E of the Protocol. 
The mechanism, contributions to which shall be 
additional to other financial transfers to Parties 
operating under that paragraph, shall meet all agreed 
incremental costs of such Parties in order to enable 
their compliance with the control measures of the 
Protocol. An indicative list of the categories of 
incremental costs shall be decided by the meeting of the 
Parties.

2. The mechanism established under paragraph 1 shall 
include a Multilateral Fund. It may also include other 
means of multilateral, regional and bilateral co-
operation.

3. The Multilateral Fund shall:

(a) Meet, on a grant or concessional basis as 
appropriate, and according to criteria to be decided 
upon by the Parties, the agreed incremental costs;

(b) Finance clearing-house functions to:
(i) Assist Parties operating under paragraph 1 of 
Article 5, through country specific studies and other 
technical co-operation, to identify their needs for co-
operation;
(ii) Facilitate technical co-operation to meet these 
identified needs;
(iii) Distribute, as provided for in Article 9, 
information and relevant materials, and hold workshops, 
training sessions and other related activities, for the 
benefit of Parties that are developing countries; and
(iv) Facilitate and monitor other multilateral, regional 
and bilateral co-operation available to Parties that are 
developing countries;

(c) Finance the secretarial services of the Multilateral 
Fund and related support costs.

4. The Multilateral Fund shall operate under the 
authority of the Parties who shall decide on its overall 
policies.

5. The Parties shall establish an Executive Committee to 
develop and monitor the implementation of specific 
operational policies, guidelines and administrative 
arrangements, including the disbursement of resources, 
for the purpose of achieving the objectives of the 
Multilateral Fund. The Executive Committee shall 
discharge its tasks and responsibilities, specified in 
its terms of reference as agreed by the Parties, with 
the co-operation and assistance of the International 
Bank for Reconstruction and Development (World Bank), 
the United Nations Environment Programme, the United 
Nations Development Programme or other appropriate 
agencies depending on their respective areas of 
expertise. The members of the Executive Committee, which 
shall be selected on the basis of a balanced 
representation of the Parties operating under paragraph 
1 of Article 5 and of the Parties not so operating, 
shall be endorsed by the Parties.

6. The multilateral Fund shall be financed by 
contributions from Parties not operating under paragraph 
1 of Article 5 in convertible currency or, in certain 
circumstances, in kind and/or in national currency, on 
the basis of the United Nations scale of assessments. 
Contributions by other Parties shall be encouraged. 
Bilateral and, in particular cases agreed by a decision 
of the Parties, regional co-operation may, up to a 
percentage and consistent with any criteria to be 
specified by decision of the Parties, be considered as a 
contribution to the multilateral Fund, provided that 
such co-operation, as a minimum:

(a) Strictly relates to compliance with the provisions 
of this Protocol;

(b) Provides additional resources; and

(c) Meets agreed incremental costs;

7. The Parties shall decide upon the programme budget of 
the multilateral Fund for each fiscal period and upon 
the percentage of contributions of the individual 
Parties thereto.

8. Resources under the multilateral Fund shall be 
disbursed with the concurrence of the beneficiary Party.

9. Decisions by the Parties under this Article shall be 
taken by consensus whenever possible. If all efforts at 
consensus have been exhausted and no agreement reached, 
decisions shall be adopted by a two-thirds majority vote 
of the Parties present and voting, representing a 
majority of the Parties operating under paragraph 1 of 
Article 5 present and voting and a majority of the 
Parties not so operating present and voting.

10. The financial mechanism set out in this Article is 
without prejudice to any future arrangements that may be 
developed with respect to other environmental issues.

U. Article l0A: Transfer of technology

The following Article shall be added to the Protocol as 
Article l0A: 

Article l0A: Transfer of technology

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

(a) That the best available, environmentally safe 
substitutes and related technologies are expeditiously 
transferred to Parties operating under paragraph 1 of 
Article 5; and

(b) That the transfers referred to in subparagraph (a) 
occur under fair and most favourable conditions.

V. Article 11: Meetings of the Parties

Paragraph 4 (g) of Article 11 of the Protocol shall be 
replaced by the following:

(g) Assess, in accordance with Article 6, the control 
measures and the situation regarding transitional 
substa





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




No summary of this treaty is available.
 



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.



ADJUSTMENTS AND AMENDMENT TO THE MONTREAL PROTOCOL 
ON SUBSTANCES THAT DEPLETE THE OZONE LAYER
(London 23 June 1990)

The Second Meeting of the Parties to the Montreal 
Protocol on Substances that Deplete the Ozone Layer 
decides, on the basis of assessments made pursuant to 
Article 6 of the Protocol, to adopt adjustments and 
reductions of production and consumption of the 
controlled substances in Annex A to the Protocol, as 
follows, with the understanding that:

(a) References in Article 2 to "this Article" and 
throughout the Protocol to "Article 2" shall be 
interpreted as references to Articles 2, 2A and 2B;

(b) References throughout the Protocol to "paragraphs 1 
to 4 of Article 2" shall be interpreted as references to 
Articles 2A and 2B; and

(c) The reference in paragraph 5 of Article 2 to 
"paragraphs 1, 3 and 4" shall be interpreted as a 
reference to Article 2A.

A. Article 2A: CFCs

Paragraph 1 of Article 2 of the Protocol shall become 
paragraph 1 of Article 2A, which shall be entitled 
"Article 2A: CFCs". 

Paragraphs 3 and 4 of Article 2 shall be replaced by the 
following paragraphs, which shall be numbered paragraphs 
2 to 6 of Article 2A:

2.Each Party shall ensure that for the period from 1 
July 1991 to 31 December 1992 its calculated levels of 
consumption and production of the controlled substances 
in Group I of Annex A do not exceed 150 per cent of its 
calculated levels of production and consumption of those 
substances in 1986; with effect from 1 January 1993, the 
twelve-month control period for these controlled 
substances shall run from 1 January to 31 December each 
year.

3. Each Party shall ensure that for the twelve-month 
period thereafter, its calculated level of consumption 
of the controlled substances in Group I of Annex A does 
not exceed, annually, fifty per cent of its calculated 
level of consumption in 1986. Each Party producing one 
or more of these substances shall, for the same periods, 
ensure that its calculated level of production of the 
substances does not exceed, annually, fifty per cent of 
its calculated level of production in 1986. However, in 
order to satisfy the basic domestic needs of the Parties 
operating under paragraph 1 of Article 5, its calculated 
level of production may exceed that limit by up to ten 
per cent of its calculated level of production in 1986.

4. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 1997, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substances in Group I of 
Annex A does not exceed, annually, fifteen per cent of 
its calculated level of consumption in 1986. Each Party 
producing one or more of these substances shall, for the 
same periods, ensure that its calculated level of 
production of the substances does not exceed, annually, 
fifteen per cent of its calculated level of production 
in 1986. However, in order to satisfy the basic domestic 
needs of the Parties operating under paragraph 1 of 
Article 5, its calculated level of production may exceed 
that limit by up to ten per cent of its calculated level 
of production in 1986.

5. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 2000, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substances in Group I of 
Annex A does not exceed zero. Each Party producing one 
or more of these substances shall, for the same periods, 
ensure that its calculated level of production of the 
substances does not exceed zero. However, in order to 
satisfy the basic domestic needs of the Parties 
operating under paragraph 1 of Article 5, its calculated 
level of production may exceed that limit by up to 
fifteen per cent of its calculated level of production 
in 1986.

6. In 1992, the Parties will review the situation with 
the objective of accelerating the reduction schedule.

B. Article 2B: Halons

Paragraph 2 of Article 2 of the Protocol shall be 
replaced by the following paragraphs, which shall be 
numbered paragraphs 1 to 4 of Article 2B:

Article 2B: Halons

1. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 1992, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substances in Group II of 
Annex A does not exceed, annually, its calculated level 
of consumption in 1986. Each Party producing one or more 
of these substances shall, for the same period ensure 
that its calculated level of production of the 
substances does not exceed, annually, its calculated 
level of production in 1986. However, in order to 
satisfy the basic domestic needs of the Parties 
operating under paragraph 1 of Article 5, its calculated 
level of production may exceed that limit by up to ten 
per cent of its calculated level of production in 1986.

2. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 1995, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substances in Group II of 
Annex A does not exceed, annually, fifty per cent of its 
calculated level of consumption in 1986. Each Party 
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 these Parties operating under paragraph 1 of 
Article 5, its calculated level of production may exceed 
that limit by up to ten per cent of its calculated level 
of production in 1986. This paragraph will apply save to 
the extent that the Parties decide to permit the level 
of production or consumption that is necessary to 
satisfy essential uses for which no adequate 
alternatives are available.

3. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 2000, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substances in Group II of 
Annex A does not exceed zero. Each Party producing one 
or more of these substances shall, for the same periods, 
ensure that its calculated level of production of the 
substances does not exceed zero. However, in order to 
satisfy the basic domestic needs of these Parties 
operating under paragraph 1 of Article 5, its calculated 
level of production may exceed that limit by up to 
fifteen per cent of its calculated level of production 
in 1986. This paragraph will apply save to the extent 
that the Parties decide to permit the level of 
production or consumption that is necessary to satisfy 
essential uses for which no adequate alternatives are 
available.

4. By 1 January 1993, the Parties shall adopt a decision 
identifying essential uses, if any, for the purposes of 
paragraphs 2 and 3 of this Article. Such decision shall 
be reviewed by the Parties at their subsequent meetings.

AMENDMENT TO THE MONTREAL PROTOCOL ON SUBSTANCES THAT 
DEPLETE THE OZONE LAYER

Article 1: Amendment

A. Preambular paragraphs


1. The 6th preambular paragraph of the Protocol shall be 
replaced by the following: "Determined to protect the 
ozone layer by taking precautionary measures to control 
equitably total global emissions of substances that 
deplete it, with the ultimate objective of their 
elimination on the basis of developments in scientific 
knowledge, taking into account technical and economic 
considerations and bearing in mind the developmental 
needs of developing countries,"

2. The 7th preambular paragraph of the Protocol shall be 
replaced by the following: Acknowledging that special 
provision is required to meet the needs of developing 
countries, including the provision of additional 
financial resources and access to relevant technologies, 
bearing in mind that the magnitude of funds necessary is 
predictable, and the funds can be expected to make a 
substantial difference in the world's ability to address 
the scientifically established problem of ozone 
depletion and its harmful effects,

3. The 9th preambular paragraph of the Protocol shall be 
replaced by the following: Considering the importance of 
promoting international  co-operation in the research, 
development and transfer of alternative technologies 
relating to the control and reduction of emissions of 
substances that deplete the ozone layer, bearing in mind 
in particular the needs of developing countries,

B. Article 1: Definitions

1. Paragraph 4 of Article 1 of the Protocol shall be 
replaced by the following paragraph:

4. "Controlled substance" means a substance in Annex A 
or in Annex B to this Protocol, whether existing alone 
or in a mixture. It includes the isomers of any such 
substance, except as specified in the relevant Annex, 
but excludes any controlled substance or mixture which 
is in a manufactured product other than a container used 
for the transportation or storage of that substance.

2. Paragraph 5 of Article 1 of the Protocol shall be 
replaced by the following paragraph:

5. "Production" means the amount of controlled 
substances produced, minus the amount destroyed by 
technologies to be approved by the Parties and minus the 
amount entirely used as feedstock in the manufacture of 
other chemicals. The amount recycled and reused is not 
to be considered as "production".

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

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

C. Article 2, Paragraph 5

Paragraph 5 of Article 2 of the Protocol shall be 
replaced by the following paragraph:

5. Any Party may, for any one or more control periods, 
transfer to another Party any portion of its calculated 
level of production set out in Articles 2A to 2E, 
provided that the total combined calculated levels of 
production of the Parties concerned for any Group of 
controlled substances do not exceed the production 
limits set out in those Articles for that Group. Such 
transfer of production shall be notified to the 
Secretariat by each of the Parties concerned, stating 
the terms of such transfer and the period for which it 
is to apply.

D. Article 2, Paragraph 6

The following words shall be inserted in paragraph 6 of 
Article 2 before the words "controlled substances" the 
first time they occur:
Annex A or Annex B

E. Article 2, Paragraph 8 (a)

The following words shall be added after the words "this 
Article" wherever they appear in paragraph 8 (a) of 
Article 2 of the Protocol:

and Articles 2A to 2E

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

The following words shall be added after "Annex A" in 
paragraph 9 (a) (i) of Article 2 of the Protocol:
and/or Annex B

G. Article 2, Paragraph 9 (a) (ii)

The following words shall be deleted from paragraph 9 
(a) (ii) of Article 2 of the Protocol:

from 1986 levels

H. Article 2, paragraph 9 (c)

The following words shall be deleted from paragraph 9 
(c) of Article 2 of the Protocol:

representing at least fifty per cent of the total 
consumption of the controlled substances of the Parties
and  replaced  by:

representing a majority of the Parties operating under 
paragraph 1 of Article 5 present and voting and a 
majority of the Parties not so operating present and 
voting

I. Article 2, paragraph l0 (b) 

Paragraph 10 (b) of Article 2 of the Protocol shall be 
deleted, and paragraph 10 (a) of Article 2 shall become 
paragraph 10.

J. Article 2, paragraph 11

The following words shall be added after the words "this 
Article" wherever they occur in paragraph 11 of Article 
2 of the Protocol: and Articles 2A to 2E

K. Article 2C: Other fully halogenated CFCs
The following paragraphs shall be added to the Protocol 
as Article 2C:

Article 2C: Other fully halogenated CFCs

1. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 1993, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substances in Group I of 
Annex B does not exceed, annually, eighty per cent of 
its calculated level of consumption in 1989. Each Party 
producing one or more of these substances shall, for the 
same periods, ensure that its calculated level of 
production of the substances does not exceed, annually, 
eighty per cent of its calculated level of production in 
1989. However, in order to satisfy the basic domestic 
needs of the Parties operating under paragraph 1 of 
Article 5, its calculated level of production may exceed 
that limit by up to ten per cent of its calculated level 
of production in 1989.

2. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 1997, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substances in Group I of 
Annex B does not exceed, annually, fifteen percent of 
its calculated level of consumption in 1989. Each Party 
producing one or more of these substances shall, for the 
same periods, ensure that its calculated level of 
production of the substances does not exceed, annually, 
fifteen per cent of its calculated level of production 
in 1989. However, in order to satisfy the basic domestic 
needs of the Parties operating under paragraph 1 of 
Article 5, its calculated level of production may exceed 
that limit by up to ten per cent of its calculated level 
of production in 1989.

3. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 2000, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substances in Group I of 
Annex B does not exceed zero. Each Party producing one 
or more of these substances shall, for the same periods, 
ensure that its calculated level of production of the 
substances does not exceed zero. However, in order to 
satisfy the basic domestic needs of the Parties 
operating under paragraph 1 of Article 5, its calculated 
level of production may exceed that limit by up to 
fifteen per cent of its calculated level of production 
in 1989.

L. Article 2D: Carbon tetrachloride

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

Article 2D: Carbon tetrachloride

1. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 1995, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substance in Group II of 
Annex B does not exceed, annually, fifteen per cent of 
its calculated level of consumption in 1989. Each Party 
producing the substance shall, for the same periods, 
ensure that its calculated level of production of the 
substance does not exceed, annually, fifteen per cent of 
its calculated level of production in 1989. However, in 
order to satisfy the basic domestic needs of the Parties 
operating under paragraph 1 of Article 5, its calculated 
level of production may exceed that limit by up to ten 
per cent of its calculated level of production in 1989.

2. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 2000, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substance in Group II of 
Annex B does not exceed zero. Each Party producing the 
substance shall, for the same periods, ensure that its 
calculated level of production of the substance does not 
exceed zero. However, in order to satisfy the basic 
domestic needs of the Parties operating under 
paragraph 1 of Article 5, its calculated level of 
production may exceed that limit by up to fifteen per 
cent of its calculated level of production in 1989.

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

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

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

1. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 1993, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substance in Group III of 
Annex B does not exceed, annually, its calculated level 
of consumption in 1989. Each Party producing the 
substance shall, for the same periods, ensure that its 
calculated level of production of the substance does not 
exceed, annually, its calculated level of production in 
1989. However, in order to satisfy the basic domestic 
needs of the Parties operating under paragraph 1 of 
Article 5, its calculated level of production may exceed 
that limit by up to ten per cent of its calculated level 
of production in 1989.

2. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 1995, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substance in Group III of 
Annex B does not exceed, annually, seventy per cent of 
its calculated level of consumption in 1989. Each Party 
producing the substance shall, for the same periods, 
ensure that its calculated level of production of the 
substance does not exceed, annually, seventy percent of 
its calculated level of consumption in 1989. However, in 
order to satisfy the basic domestic needs of the Parties 
operating under paragraph 1 of Article 5, its calculated 
level of production may exceed that limit by up to ten 
percent of its calculated level of production in 1989.

3. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 2000, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substance in Group III of 
Annex B does not exceed, annually, thirty per cent of 
its calculated level of consumption in 1989. Each Party 
producing the substance shall, for the same periods, 
ensure that its calculated level of production of the 
substance does not exceed, annually, thirty per cent of 
its calculated level of production in 1989. However, in 
order to satisfy the basic domestic needs of Parties 
operating under paragraph 1 of Article 5, its calculated 
level of production may exceed that limit by up to ten 
per cent of its calculated level of production in 1989.

4. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 2005, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substance in Group III of 
Annex B does not exceed zero. Each Party producing the 
substance shall, for the same periods, ensure that its 
calculated level of production of the substance does not 
exceed zero. However, in order to satisfy the basic 
domestic needs of the Parties operating under 
paragraph 1 of Article 5, its calculated level of 
production may exceed that limit by up to fifteen per 
cent of its calculated level of production in 1989.

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

N. Article 3: Calculation of control levels

1. The following shall be added after "Articles 2" in 
Article 3 of the Protocol: , 2A to 2E,

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

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

1. Paragraphs 1 to 5 of Article 4 shall be replaced by 
the following paragraphs:

1. As of 1 January 1990, each Party shall ban the import 
of the controlled substances in Annex A from any State 
not party to this Protocol.

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

2. As of 1 January 1993, each Party shall ban the export 
of any controlled substances in Annex A to any State not 
party to this Protocol.

2 bis. Commencing one year after the date of entry into 
force of this paragraph, each Party shall ban the export 
of any controlled substances in Annex B to any State not 
party to this Protocol. 

3. By 1 January 1992, the Parties shall, following the 
procedures in Article 10 of the Convention, elaborate in 
an annex a list of products containing controlled 
substances in Annex A. Parties that have not objected to 
the annex in accordance with those procedures shall ban, 
within one year of the annex having become effective, 
the import of those products from any State not party to 
this Protocol.

3 bis. Within three years of the date of the entry into 
force of this paragraph, the Parties shall, following 
the procedures in Article 10 of the Convention, 
elaborate in an annex a list of products containing 
controlled substances in Annex B. Parties that have not 
objected to the annex in accordance with those 
procedures shall ban, within one year of the annex 
having become effective, the import of those products 
from any State not party to this Protocol.

4. By 1 January 1994, the Parties shall determine the 
feasibility of banning or restricting, from States not 
party to this Protocol, the import of products produced 
with, but not containing, controlled substances in Annex 
A. If determined feasible, the Parties shall, following 
the procedures in Article 10 of the Convention, 
elaborate in an annex a list of such products. Parties 
that have not objected to the annex in accordance with 
those procedures shall ban, within one year of the annex 
having become effective, the import of those products 
from any State not party to this Protocol.

4 bis. Within five years of the date of the entry into 
force of this paragraph, the Parties shall determine the 
feasibility of banning or restricting, from States not 
party to this Protocol, the import of products produced 
with, but not containing, controlled substances in Annex 

B. If determined feasible, the Parties shall, following 
the procedures in Article 10 of the Convention, 
elaborate in an annex a list of such products. Parties 
that have not objected to the annex in accordance with 
those procedures shall ban or restrict, within one year 
of the annex having become effective, the import of 
those products from any State not party to this 
Protocol.

5. Each Party undertakes to the fullest practicable 
extent to discourage the export to any State not party 
to this Protocol of technology for producing and for 
utilizing controlled substances. 

2. Paragraph 8 of Article 4 of the Protocol shall be 
replaced by the following paragraph:

8. Notwithstanding the provisions of this Article, 
imports referred to in paragraphs 1, 1 bis, 3, 3 bis, 4 
and 4 bis, and exports referred to in paragraphs 2 and 2 
bis, may be permitted from, or to, any State not party 
to this Protocol, if that State is determined by a 
meeting of the Parties to be in full compliance with 
Article 2, Articles 2A to 2E, and this Article and have 
submitted data to that effect as specified in Article 7.

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

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

P. Article 5: Special situation of developing countries

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

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

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

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

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

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

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

5. Developing the capacity to fulfill the obligations of 
the Parties operating under paragraph 1 of this Article 
to comply with the control measures set out in Articles 
2A to 2E and their implementation by those same Parties 
will depend upon the effective implementation of the 
financial co-operation as provided by Article 10 and 
transfer of technology as provided by Article l0A.

6. Any Party operating under paragraph 1 of this Article 
may, at any time, notify the Secretariat in writing 
that, having taken all practicable steps it is unable to 
implement any or all of the obligations laid down in 
Articles 2A to 2E due to the inadequate implementation 
of Articles 10 and l0A. The Secretariat shall forthwith 
transmit a copy of the notification to the Parties, 
which shall consider the matter at their next Meeting, 
giving due recognition to paragraph 5 of this Article 
and shall decide upon appropriate action to be taken.

7. During the period between notification and the 
Meeting of the Parties at which the appropriate action 
referred to in paragraph 6 above is to be decided, or 
for a further period if the Meeting of the Parties so 
decides, the non-compliance procedures referred 
to in Article 8 shall not be invoked against the 
notifying Party. 

8. A Meeting of the Parties shall review, not later than 
1995, the situation of the Parties operating under 
paragraph 1 of this Article, including the effective 
implementation of financial co-operation and transfer of 
technology to them, and adopt such revisions that may be 
deemed necessary regarding the schedule 
of control measures applicable to those Parties.

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

Q. Article 6: Assessment and review of control measures

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

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

R. Article 7: Reporting of data

1. Article 7 of the Protocol shall be replaced by the 
following: 1. Each Party shall provide to the 
Secretariat, within three months of becoming a Party, 
statistical data on its production, imports and exports 
of each of the controlled substances in Annex A for the 
year 1986, or the best possible estimates of such data 
where actual data are not available.

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

3. Each Party shall provide statistical data to the 
Secretariat on its annual production (as defined in 
paragraph 5 of Article 1), and, separately,
- amounts used for feedstocks,
- amounts destroyed by technologies approved by the 
Parties,
- imports and exports to Parties and non-Parties 
respectively,
of each of the controlled substances listed in Annexes A 
and B as well as of the transitional substances in Group 
I of Annex C, for the year during which provisions 
concerning the substances in Annex B entered into force 
for that Party and for each year thereafter. Data shall 
be forwarded not later than nine months after the end of 
the year to which the data relate.

4. For Parties operating under the provisions of 
paragraph 8 (a) of Article 2, the requirements in 
paragraphs 1, 2 and 3 of this Article in respect of 
statistical data on imports and exports shall be 
satisfied if the regional economic integration 
organization concerned provides data on imports and 
exports between the organization and States that are not 
members of that organization.

5. Article 9: Research, development, public awareness 
and exchange of information

Paragraph 1 (a) of Article 9 of the Protocol shall be 
replaced by the following:

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

T. Article 10: Financial mechanism

Article 10 of the Protocol shall be replaced by the 
following: 

Article 10: Financial mechanism

1. The Parties shall establish a mechanism for the 
purposes of providing financial and technical co-
operation, including the transfer of technologies, to 
Parties operating under paragraph 1 of Article 5 of this 
Protocol to enable their compliance with the control 
measures set out in Articles 2A to 2E of the Protocol. 
The mechanism, contributions to which shall be 
additional to other financial transfers to Parties 
operating under that paragraph, shall meet all agreed 
incremental costs of such Parties in order to enable 
their compliance with the control measures of the 
Protocol. An indicative list of the categories of 
incremental costs shall be decided by the meeting of the 
Parties.

2. The mechanism established under paragraph 1 shall 
include a Multilateral Fund. It may also include other 
means of multilateral, regional and bilateral co-
operation.

3. The Multilateral Fund shall:

(a) Meet, on a grant or concessional basis as 
appropriate, and according to criteria to be decided 
upon by the Parties, the agreed incremental costs;

(b) Finance clearing-house functions to:
(i) Assist Parties operating under paragraph 1 of 
Article 5, through country specific studies and other 
technical co-operation, to identify their needs for co-
operation;
(ii) Facilitate technical co-operation to meet these 
identified needs;
(iii) Distribute, as provided for in Article 9, 
information and relevant materials, and hold workshops, 
training sessions and other related activities, for the 
benefit of Parties that are developing countries; and
(iv) Facilitate and monitor other multilateral, regional 
and bilateral co-operation available to Parties that are 
developing countries;

(c) Finance the secretarial services of the Multilateral 
Fund and related support costs.

4. The Multilateral Fund shall operate under the 
authority of the Parties who shall decide on its overall 
policies.

5. The Parties shall establish an Executive Committee to 
develop and monitor the implementation of specific 
operational policies, guidelines and administrative 
arrangements, including the disbursement of resources, 
for the purpose of achieving the objectives of the 
Multilateral Fund. The Executive Committee shall 
discharge its tasks and responsibilities, specified in 
its terms of reference as agreed by the Parties, with 
the co-operation and assistance of the International 
Bank for Reconstruction and Development (World Bank), 
the United Nations Environment Programme, the United 
Nations Development Programme or other appropriate 
agencies depending on their respective areas of 
expertise. The members of the Executive Committee, which 
shall be selected on the basis of a balanced 
representation of the Parties operating under paragraph 
1 of Article 5 and of the Parties not so operating, 
shall be endorsed by the Parties.

6. The multilateral Fund shall be financed by 
contributions from Parties not operating under paragraph 
1 of Article 5 in convertible currency or, in certain 
circumstances, in kind and/or in national currency, on 
the basis of the United Nations scale of assessments. 
Contributions by other Parties shall be encouraged. 
Bilateral and, in particular cases agreed by a decision 
of the Parties, regional co-operation may, up to a 
percentage and consistent with any criteria to be 
specified by decision of the Parties, be considered as a 
contribution to the multilateral Fund, provided that 
such co-operation, as a minimum:

(a) Strictly relates to compliance with the provisions 
of this Protocol;

(b) Provides additional resources; and

(c) Meets agreed incremental costs;

7. The Parties shall decide upon the programme budget of 
the multilateral Fund for each fiscal period and upon 
the percentage of contributions of the individual 
Parties thereto.

8. Resources under the multilateral Fund shall be 
disbursed with the concurrence of the beneficiary Party.

9. Decisions by the Parties under this Article shall be 
taken by consensus whenever possible. If all efforts at 
consensus have been exhausted and no agreement reached, 
decisions shall be adopted by a two-thirds majority vote 
of the Parties present and voting, representing a 
majority of the Parties operating under paragraph 1 of 
Article 5 present and voting and a majority of the 
Parties not so operating present and voting.

10. The financial mechanism set out in this Article is 
without prejudice to any future arrangements that may be 
developed with respect to other environmental issues.

U. Article l0A: Transfer of technology

The following Article shall be added to the Protocol as 
Article l0A: 

Article l0A: Transfer of technology

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

(a) That the best available, environmentally safe 
substitutes and related technologies are expeditiously 
transferred to Parties operating under paragraph 1 of 
Article 5; and

(b) That the transfers referred to in subparagraph (a) 
occur under fair and most favourable conditions.

V. Article 11: Meetings of the Parties

Paragraph 4 (g) of Article 11 of the Protocol shall be 
replaced by the following:

(g) Assess, in accordance with Article 6, the control 
measures and the situation regarding transitional 
substances;

W. Article 17: Parties joining after entry into force

The following words shall be added after "as well as 
under" in Article 17:

Articles 2A to 2E, and

X. Article 19: Withdrawal

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

Any Party may withdraw from this Protocol by giving 
written notification to the Depositary at any time after 
four years of assuming the obligations specified in 
paragraph 1 of Article 2A. Any such withdrawal shall 
take effect upon expiry of one year after the date of 
its receipt by the Depositary, or on such later date as 
may be specified in the notification of the withdrawal.

Y. Annexes

The following annexes shall be added to the Protocol:

Annex B  - Controlled substances
omissis

Annex C - Transitional substances
omissis

Article 2: Entry into Force

1. This Amendment shall enter into force on 1 January 
1992, provided that at least twenty instruments of 
ratification, acceptance or approval of the Amendment 
have been deposited by States or regional economic 
integration organizations that are Parties to the 
Montreal Protocol on Substances that Deplete the Ozone 
Layer. In the event that this condition has not been 
fulfilled by that date, the Amendment shall enter into 
force on the ninetieth day following the date on which 
it has been fulfilled.

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

3. After the entry into force of this Amendment as 
provided under paragraph 1, it shall enter into force 
for any other Party to the Protocol on the ninetieth day 
following the date of deposit of its instrument of 
ratification, acceptance or approval.














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




No summary of this treaty is available.
 



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.



ADJUSTMENTS AND AMENDMENT TO THE MONTREAL PROTOCOL 
ON SUBSTANCES THAT DEPLETE THE OZONE LAYER
(London 23 June 1990)

The Second Meeting of the Parties to the Montreal 
Protocol on Substances that Deplete the Ozone Layer 
decides, on the basis of assessments made pursuant to 
Article 6 of the Protocol, to adopt adjustments and 
reductions of production and consumption of the 
controlled substances in Annex A to the Protocol, as 
follows, with the understanding that:

(a) References in Article 2 to "this Article" and 
throughout the Protocol to "Article 2" shall be 
interpreted as references to Articles 2, 2A and 2B;

(b) References throughout the Protocol to "paragraphs 1 
to 4 of Article 2" shall be interpreted as references to 
Articles 2A and 2B; and

(c) The reference in paragraph 5 of Article 2 to 
"paragraphs 1, 3 and 4" shall be interpreted as a 
reference to Article 2A.

A. Article 2A: CFCs

Paragraph 1 of Article 2 of the Protocol shall become 
paragraph 1 of Article 2A, which shall be entitled 
"Article 2A: CFCs". 

Paragraphs 3 and 4 of Article 2 shall be replaced by the 
following paragraphs, which shall be numbered paragraphs 
2 to 6 of Article 2A:

2.Each Party shall ensure that for the period from 1 
July 1991 to 31 December 1992 its calculated levels of 
consumption and production of the controlled substances 
in Group I of Annex A do not exceed 150 per cent of its 
calculated levels of production and consumption of those 
substances in 1986; with effect from 1 January 1993, the 
twelve-month control period for these controlled 
substances shall run from 1 January to 31 December each 
year.

3. Each Party shall ensure that for the twelve-month 
period thereafter, its calculated level of consumption 
of the controlled substances in Group I of Annex A does 
not exceed, annually, fifty per cent of its calculated 
level of consumption in 1986. Each Party producing one 
or more of these substances shall, for the same periods, 
ensure that its calculated level of production of the 
substances does not exceed, annually, fifty per cent of 
its calculated level of production in 1986. However, in 
order to satisfy the basic domestic needs of the Parties 
operating under paragraph 1 of Article 5, its calculated 
level of production may exceed that limit by up to ten 
per cent of its calculated level of production in 1986.

4. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 1997, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substances in Group I of 
Annex A does not exceed, annually, fifteen per cent of 
its calculated level of consumption in 1986. Each Party 
producing one or more of these substances shall, for the 
same periods, ensure that its calculated level of 
production of the substances does not exceed, annually, 
fifteen per cent of its calculated level of production 
in 1986. However, in order to satisfy the basic domestic 
needs of the Parties operating under paragraph 1 of 
Article 5, its calculated level of production may exceed 
that limit by up to ten per cent of its calculated level 
of production in 1986.

5. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 2000, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substances in Group I of 
Annex A does not exceed zero. Each Party producing one 
or more of these substances shall, for the same periods, 
ensure that its calculated level of production of the 
substances does not exceed zero. However, in order to 
satisfy the basic domestic needs of the Parties 
operating under paragraph 1 of Article 5, its calculated 
level of production may exceed that limit by up to 
fifteen per cent of its calculated level of production 
in 1986.

6. In 1992, the Parties will review the situation with 
the objective of accelerating the reduction schedule.

B. Article 2B: Halons

Paragraph 2 of Article 2 of the Protocol shall be 
replaced by the following paragraphs, which shall be 
numbered paragraphs 1 to 4 of Article 2B:

Article 2B: Halons

1. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 1992, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substances in Group II of 
Annex A does not exceed, annually, its calculated level 
of consumption in 1986. Each Party producing one or more 
of these substances shall, for the same period ensure 
that its calculated level of production of the 
substances does not exceed, annually, its calculated 
level of production in 1986. However, in order to 
satisfy the basic domestic needs of the Parties 
operating under paragraph 1 of Article 5, its calculated 
level of production may exceed that limit by up to ten 
per cent of its calculated level of production in 1986.

2. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 1995, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substances in Group II of 
Annex A does not exceed, annually, fifty per cent of its 
calculated level of consumption in 1986. Each Party 
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 these Parties operating under paragraph 1 of 
Article 5, its calculated level of production may exceed 
that limit by up to ten per cent of its calculated level 
of production in 1986. This paragraph will apply save to 
the extent that the Parties decide to permit the level 
of production or consumption that is necessary to 
satisfy essential uses for which no adequate 
alternatives are available.

3. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 2000, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substances in Group II of 
Annex A does not exceed zero. Each Party producing one 
or more of these substances shall, for the same periods, 
ensure that its calculated level of production of the 
substances does not exceed zero. However, in order to 
satisfy the basic domestic needs of these Parties 
operating under paragraph 1 of Article 5, its calculated 
level of production may exceed that limit by up to 
fifteen per cent of its calculated level of production 
in 1986. This paragraph will apply save to the extent 
that the Parties decide to permit the level of 
production or consumption that is necessary to satisfy 
essential uses for which no adequate alternatives are 
available.

4. By 1 January 1993, the Parties shall adopt a decision 
identifying essential uses, if any, for the purposes of 
paragraphs 2 and 3 of this Article. Such decision shall 
be reviewed by the Parties at their subsequent meetings.

AMENDMENT TO THE MONTREAL PROTOCOL ON SUBSTANCES THAT 
DEPLETE THE OZONE LAYER

Article 1: Amendment

A. Preambular paragraphs


1. The 6th preambular paragraph of the Protocol shall be 
replaced by the following: "Determined to protect the 
ozone layer by taking precautionary measures to control 
equitably total global emissions of substances that 
deplete it, with the ultimate objective of their 
elimination on the basis of developments in scientific 
knowledge, taking into account technical and economic 
considerations and bearing in mind the developmental 
needs of developing countries,"

2. The 7th preambular paragraph of the Protocol shall be 
replaced by the following: Acknowledging that special 
provision is required to meet the needs of developing 
countries, including the provision of additional 
financial resources and access to relevant technologies, 
bearing in mind that the magnitude of funds necessary is 
predictable, and the funds can be expected to make a 
substantial difference in the world's ability to address 
the scientifically established problem of ozone 
depletion and its harmful effects,

3. The 9th preambular paragraph of the Protocol shall be 
replaced by the following: Considering the importance of 
promoting international  co-operation in the research, 
development and transfer of alternative technologies 
relating to the control and reduction of emissions of 
substances that deplete the ozone layer, bearing in mind 
in particular the needs of developing countries,

B. Article 1: Definitions

1. Paragraph 4 of Article 1 of the Protocol shall be 
replaced by the following paragraph:

4. "Controlled substance" means a substance in Annex A 
or in Annex B to this Protocol, whether existing alone 
or in a mixture. It includes the isomers of any such 
substance, except as specified in the relevant Annex, 
but excludes any controlled substance or mixture which 
is in a manufactured product other than a container used 
for the transportation or storage of that substance.

2. Paragraph 5 of Article 1 of the Protocol shall be 
replaced by the following paragraph:

5. "Production" means the amount of controlled 
substances produced, minus the amount destroyed by 
technologies to be approved by the Parties and minus the 
amount entirely used as feedstock in the manufacture of 
other chemicals. The amount recycled and reused is not 
to be considered as "production".

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

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

C. Article 2, Paragraph 5

Paragraph 5 of Article 2 of the Protocol shall be 
replaced by the following paragraph:

5. Any Party may, for any one or more control periods, 
transfer to another Party any portion of its calculated 
level of production set out in Articles 2A to 2E, 
provided that the total combined calculated levels of 
production of the Parties concerned for any Group of 
controlled substances do not exceed the production 
limits set out in those Articles for that Group. Such 
transfer of production shall be notified to the 
Secretariat by each of the Parties concerned, stating 
the terms of such transfer and the period for which it 
is to apply.

D. Article 2, Paragraph 6

The following words shall be inserted in paragraph 6 of 
Article 2 before the words "controlled substances" the 
first time they occur:
Annex A or Annex B

E. Article 2, Paragraph 8 (a)

The following words shall be added after the words "this 
Article" wherever they appear in paragraph 8 (a) of 
Article 2 of the Protocol:

and Articles 2A to 2E

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

The following words shall be added after "Annex A" in 
paragraph 9 (a) (i) of Article 2 of the Protocol:
and/or Annex B

G. Article 2, Paragraph 9 (a) (ii)

The following words shall be deleted from paragraph 9 
(a) (ii) of Article 2 of the Protocol:

from 1986 levels

H. Article 2, paragraph 9 (c)

The following words shall be deleted from paragraph 9 
(c) of Article 2 of the Protocol:

representing at least fifty per cent of the total 
consumption of the controlled substances of the Parties
and  replaced  by:

representing a majority of the Parties operating under 
paragraph 1 of Article 5 present and voting and a 
majority of the Parties not so operating present and 
voting

I. Article 2, paragraph l0 (b) 

Paragraph 10 (b) of Article 2 of the Protocol shall be 
deleted, and paragraph 10 (a) of Article 2 shall become 
paragraph 10.

J. Article 2, paragraph 11

The following words shall be added after the words "this 
Article" wherever they occur in paragraph 11 of Article 
2 of the Protocol: and Articles 2A to 2E

K. Article 2C: Other fully halogenated CFCs
The following paragraphs shall be added to the Protocol 
as Article 2C:

Article 2C: Other fully halogenated CFCs

1. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 1993, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substances in Group I of 
Annex B does not exceed, annually, eighty per cent of 
its calculated level of consumption in 1989. Each Party 
producing one or more of these substances shall, for the 
same periods, ensure that its calculated level of 
production of the substances does not exceed, annually, 
eighty per cent of its calculated level of production in 
1989. However, in order to satisfy the basic domestic 
needs of the Parties operating under paragraph 1 of 
Article 5, its calculated level of production may exceed 
that limit by up to ten per cent of its calculated level 
of production in 1989.

2. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 1997, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substances in Group I of 
Annex B does not exceed, annually, fifteen percent of 
its calculated level of consumption in 1989. Each Party 
producing one or more of these substances shall, for the 
same periods, ensure that its calculated level of 
production of the substances does not exceed, annually, 
fifteen per cent of its calculated level of production 
in 1989. However, in order to satisfy the basic domestic 
needs of the Parties operating under paragraph 1 of 
Article 5, its calculated level of production may exceed 
that limit by up to ten per cent of its calculated level 
of production in 1989.

3. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 2000, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substances in Group I of 
Annex B does not exceed zero. Each Party producing one 
or more of these substances shall, for the same periods, 
ensure that its calculated level of production of the 
substances does not exceed zero. However, in order to 
satisfy the basic domestic needs of the Parties 
operating under paragraph 1 of Article 5, its calculated 
level of production may exceed that limit by up to 
fifteen per cent of its calculated level of production 
in 1989.

L. Article 2D: Carbon tetrachloride

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

Article 2D: Carbon tetrachloride

1. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 1995, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substance in Group II of 
Annex B does not exceed, annually, fifteen per cent of 
its calculated level of consumption in 1989. Each Party 
producing the substance shall, for the same periods, 
ensure that its calculated level of production of the 
substance does not exceed, annually, fifteen per cent of 
its calculated level of production in 1989. However, in 
order to satisfy the basic domestic needs of the Parties 
operating under paragraph 1 of Article 5, its calculated 
level of production may exceed that limit by up to ten 
per cent of its calculated level of production in 1989.

2. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 2000, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substance in Group II of 
Annex B does not exceed zero. Each Party producing the 
substance shall, for the same periods, ensure that its 
calculated level of production of the substance does not 
exceed zero. However, in order to satisfy the basic 
domestic needs of the Parties operating under 
paragraph 1 of Article 5, its calculated level of 
production may exceed that limit by up to fifteen per 
cent of its calculated level of production in 1989.

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

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

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

1. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 1993, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substance in Group III of 
Annex B does not exceed, annually, its calculated level 
of consumption in 1989. Each Party producing the 
substance shall, for the same periods, ensure that its 
calculated level of production of the substance does not 
exceed, annually, its calculated level of production in 
1989. However, in order to satisfy the basic domestic 
needs of the Parties operating under paragraph 1 of 
Article 5, its calculated level of production may exceed 
that limit by up to ten per cent of its calculated level 
of production in 1989.

2. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 1995, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substance in Group III of 
Annex B does not exceed, annually, seventy per cent of 
its calculated level of consumption in 1989. Each Party 
producing the substance shall, for the same periods, 
ensure that its calculated level of production of the 
substance does not exceed, annually, seventy percent of 
its calculated level of consumption in 1989. However, in 
order to satisfy the basic domestic needs of the Parties 
operating under paragraph 1 of Article 5, its calculated 
level of production may exceed that limit by up to ten 
percent of its calculated level of production in 1989.

3. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 2000, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substance in Group III of 
Annex B does not exceed, annually, thirty per cent of 
its calculated level of consumption in 1989. Each Party 
producing the substance shall, for the same periods, 
ensure that its calculated level of production of the 
substance does not exceed, annually, thirty per cent of 
its calculated level of production in 1989. However, in 
order to satisfy the basic domestic needs of Parties 
operating under paragraph 1 of Article 5, its calculated 
level of production may exceed that limit by up to ten 
per cent of its calculated level of production in 1989.

4. Each Party shall ensure that for the twelve-month 
period commencing on 1 January 2005, and in each twelve-
month period thereafter, its calculated level of 
consumption of the controlled substance in Group III of 
Annex B does not exceed zero. Each Party producing the 
substance shall, for the same periods, ensure that its 
calculated level of production of the substance does not 
exceed zero. However, in order to satisfy the basic 
domestic needs of the Parties operating under 
paragraph 1 of Article 5, its calculated level of 
production may exceed that limit by up to fifteen per 
cent of its calculated level of production in 1989.

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

N. Article 3: Calculation of control levels

1. The following shall be added after "Articles 2" in 
Article 3 of the Protocol: , 2A to 2E,

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

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

1. Paragraphs 1 to 5 of Article 4 shall be replaced by 
the following paragraphs:

1. As of 1 January 1990, each Party shall ban the import 
of the controlled substances in Annex A from any State 
not party to this Protocol.

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

2. As of 1 January 1993, each Party shall ban the export 
of any controlled substances in Annex A to any State not 
party to this Protocol.

2 bis. Commencing one year after the date of entry into 
force of this paragraph, each Party shall ban the export 
of any controlled substances in Annex B to any State not 
party to this Protocol. 

3. By 1 January 1992, the Parties shall, following the 
procedures in Article 10 of the Convention, elaborate in 
an annex a list of products containing controlled 
substances in Annex A. Parties that have not objected to 
the annex in accordance with those procedures shall ban, 
within one year of the annex having become effective, 
the import of those products from any State not party to 
this Protocol.

3 bis. Within three years of the date of the entry into 
force of this paragraph, the Parties shall, following 
the procedures in Article 10 of the Convention, 
elaborate in an annex a list of products containing 
controlled substances in Annex B. Parties that have not 
objected to the annex in accordance with those 
procedures shall ban, within one year of the annex 
having become effective, the import of those products 
from any State not party to this Protocol.

4. By 1 January 1994, the Parties shall determine the 
feasibility of banning or restricting, from States not 
party to this Protocol, the import of products produced 
with, but not containing, controlled substances in Annex 
A. If determined feasible, the Parties shall, following 
the procedures in Article 10 of the Convention, 
elaborate in an annex a list of such products. Parties 
that have not objected to the annex in accordance with 
those procedures shall ban, within one year of the annex 
having become effective, the import of those products 
from any State not party to this Protocol.

4 bis. Within five years of the date of the entry into 
force of this paragraph, the Parties shall determine the 
feasibility of banning or restricting, from States not 
party to this Protocol, the import of products produced 
with, but not containing, controlled substances in Annex 

B. If determined feasible, the Parties shall, following 
the procedures in Article 10 of the Convention, 
elaborate in an annex a list of such products. Parties 
that have not objected to the annex in accordance with 
those procedures shall ban or restrict, within one year 
of the annex having become effective, the import of 
those products from any State not party to this 
Protocol.

5. Each Party undertakes to the fullest practicable 
extent to discourage the export to any State not party 
to this Protocol of technology for producing and for 
utilizing controlled substances. 

2. Paragraph 8 of Article 4 of the Protocol shall be 
replaced by the following paragraph:

8. Notwithstanding the provisions of this Article, 
imports referred to in paragraphs 1, 1 bis, 3, 3 bis, 4 
and 4 bis, and exports referred to in paragraphs 2 and 2 
bis, may be permitted from, or to, any State not party 
to this Protocol, if that State is determined by a 
meeting of the Parties to be in full compliance with 
Article 2, Articles 2A to 2E, and this Article and have 
submitted data to that effect as specified in Article 7.

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

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

P. Article 5: Special situation of developing countries

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

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

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

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

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

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

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

5. Developing the capacity to fulfill the obligations of 
the Parties operating under paragraph 1 of this Article 
to comply with the control measures set out in Articles 
2A to 2E and their implementation by those same Parties 
will depend upon the effective implementation of the 
financial co-operation as provided by Article 10 and 
transfer of technology as provided by Article l0A.

6. Any Party operating under paragraph 1 of this Article 
may, at any time, notify the Secretariat in writing 
that, having taken all practicable steps it is unable to 
implement any or all of the obligations laid down in 
Articles 2A to 2E due to the inadequate implementation 
of Articles 10 and l0A. The Secretariat shall forthwith 
transmit a copy of the notification to the Parties, 
which shall consider the matter at their next Meeting, 
giving due recognition to paragraph 5 of this Article 
and shall decide upon appropriate action to be taken.

7. During the period between notification and the 
Meeting of the Parties at which the appropriate action 
referred to in paragraph 6 above is to be decided, or 
for a further period if the Meeting of the Parties so 
decides, the non-compliance procedures referred 
to in Article 8 shall not be invoked against the 
notifying Party. 

8. A Meeting of the Parties shall review, not later than 
1995, the situation of the Parties operating under 
paragraph 1 of this Article, including the effective 
implementation of financial co-operation and transfer of 
technology to them, and adopt such revisions that may be 
deemed necessary regarding the schedule 
of control measures applicable to those Parties.

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

Q. Article 6: Assessment and review of control measures

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

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

R. Article 7: Reporting of data

1. Article 7 of the Protocol shall be replaced by the 
following: 1. Each Party shall provide to the 
Secretariat, within three months of becoming a Party, 
statistical data on its production, imports and exports 
of each of the controlled substances in Annex A for the 
year 1986, or the best possible estimates of such data 
where actual data are not available.

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

3. Each Party shall provide statistical data to the 
Secretariat on its annual production (as defined in 
paragraph 5 of Article 1), and, separately,
- amounts used for feedstocks,
- amounts destroyed by technologies approved by the 
Parties,
- imports and exports to Parties and non-Parties 
respectively,
of each of the controlled substances listed in Annexes A 
and B as well as of the transitional substances in Group 
I of Annex C, for the year during which provisions 
concerning the substances in Annex B entered into force 
for that Party and for each year thereafter. Data shall 
be forwarded not later than nine months after the end of 
the year to which the data relate.

4. For Parties operating under the provisions of 
paragraph 8 (a) of Article 2, the requirements in 
paragraphs 1, 2 and 3 of this Article in respect of 
statistical data on imports and exports shall be 
satisfied if the regional economic integration 
organization concerned provides data on imports and 
exports between the organization and States that are not 
members of that organization.

5. Article 9: Research, development, public awareness 
and exchange of information

Paragraph 1 (a) of Article 9 of the Protocol shall be 
replaced by the following:

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

T. Article 10: Financial mechanism

Article 10 of the Protocol shall be replaced by the 
following: 

Article 10: Financial mechanism

1. The Parties shall establish a mechanism for the 
purposes of providing financial and technical co-
operation, including the transfer of technologies, to 
Parties operating under paragraph 1 of Article 5 of this 
Protocol to enable their compliance with the control 
measures set out in Articles 2A to 2E of the Protocol. 
The mechanism, contributions to which shall be 
additional to other financial transfers to Parties 
operating under that paragraph, shall meet all agreed 
incremental costs of such Parties in order to enable 
their compliance with the control measures of the 
Protocol. An indicative list of the categories of 
incremental costs shall be decided by the meeting of the 
Parties.

2. The mechanism established under paragraph 1 shall 
include a Multilateral Fund. It may also include other 
means of multilateral, regional and bilateral co-
operation.

3. The Multilateral Fund shall:

(a) Meet, on a grant or concessional basis as 
appropriate, and according to criteria to be decided 
upon by the Parties, the agreed incremental costs;

(b) Finance clearing-house functions to:
(i) Assist Parties operating under paragraph 1 of 
Article 5, through country specific studies and other 
technical co-operation, to identify their needs for co-
operation;
(ii) Facilitate technical co-operation to meet these 
identified needs;
(iii) Distribute, as provided for in Article 9, 
information and relevant materials, and hold workshops, 
training sessions and other related activities, for the 
benefit of Parties that are developing countries; and
(iv) Facilitate and monitor other multilateral, regional 
and bilateral co-operation available to Parties that are 
developing countries;

(c) Finance the secretarial services of the Multilateral 
Fund and related support costs.

4. The Multilateral Fund shall operate under the 
authority of the Parties who shall decide on its overall 
policies.

5. The Parties shall establish an Executive Committee to 
develop and monitor the implementation of specific 
operational policies, guidelines and administrative 
arrangements, including the disbursement of resources, 
for the purpose of achieving the objectives of the 
Multilateral Fund. The Executive Committee shall 
discharge its tasks and responsibilities, specified in 
its terms of reference as agreed by the Parties, with 
the co-operation and assistance of the International 
Bank for Reconstruction and Development (World Bank), 
the United Nations Environment Programme, the United 
Nations Development Programme or other appropriate 
agencies depending on their respective areas of 
expertise. The members of the Executive Committee, which 
shall be selected on the basis of a balanced 
representation of the Parties operating under paragraph 
1 of Article 5 and of the Parties not so operating, 
shall be endorsed by the Parties.

6. The multilateral Fund shall be financed by 
contributions from Parties not operating under paragraph 
1 of Article 5 in convertible currency or, in certain 
circumstances, in kind and/or in national currency, on 
the basis of the United Nations scale of assessments. 
Contributions by other Parties shall be encouraged. 
Bilateral and, in particular cases agreed by a decision 
of the Parties, regional co-operation may, up to a 
percentage and consistent with any criteria to be 
specified by decision of the Parties, be considered as a 
contribution to the multilateral Fund, provided that 
such co-operation, as a minimum:

(a) Strictly relates to compliance with the provisions 
of this Protocol;

(b) Provides additional resources; and

(c) Meets agreed incremental costs;

7. The Parties shall decide upon the programme budget of 
the multilateral Fund for each fiscal period and upon 
the percentage of contributions of the individual 
Parties thereto.

8. Resources under the multilateral Fund shall be 
disbursed with the concurrence of the beneficiary Party.

9. Decisions by the Parties under this Article shall be 
taken by consensus whenever possible. If all efforts at 
consensus have been exhausted and no agreement reached, 
decisions shall be adopted by a two-thirds majority vote 
of the Parties present and voting, representing a 
majority of the Parties operating under paragraph 1 of 
Article 5 present and voting and a majority of the 
Parties not so operating present and voting.

10. The financial mechanism set out in this Article is 
without prejudice to any future arrangements that may be 
developed with respect to other environmental issues.

U. Article l0A: Transfer of technology

The following Article shall be added to the Protocol as 
Article l0A: 

Article l0A: Transfer of technology

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

(a) That the best available, environmentally safe 
substitutes and related technologies are expeditiously 
transferred to Parties operating under paragraph 1 of 
Article 5; and

(b) That the transfers referred to in subparagraph (a) 
occur under fair and most favourable conditions.

V. Article 11: Meetings of the Parties

Paragraph 4 (g) of Article 11 of the Protocol shall be 
replaced by the following:

(g) Assess, in accordance with Article 6, the control 
measures and the situation regarding transitional 
substances;

W. Article 17: Parties joining after entry into force

The following words shall be added after "as well as 
under" in Article 17:

Articles 2A to 2E, and

X. Article 19: Withdrawal

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

Any Party may withdraw from this Protocol by giving 
written notification to the Depositary at any time after 
four years of assuming the obligations specified in 
paragraph 1 of Article 2A. Any such withdrawal shall 
take effect upon expiry of one year after the date of 
its receipt by the Depositary, or on such later date as 
may be specified in the notification of the withdrawal.

Y. Annexes

The following annexes shall be added to the Protocol:

Annex B  - Controlled substances
omissis

Annex C - Transitional substances
omissis

Article 2: Entry into Force

1. This Amendment shall enter into force on 1 January 
1992, provided that at least twenty instruments of 
ratification, acceptance or approval of the Amendment 
have been deposited by States or regional economic 
integration organizations that are Parties to the 
Montreal Protocol on Substances that Deplete the Ozone 
Layer. In the event that this condition has not been 
fulfilled by that date, the Amendment shall enter into 
force on the ninetieth day following the date on which 
it has been fulfilled.

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

3. After the entry into force of this Amendment as 
provided under paragraph 1, it shall enter into force 
for any other Party to the Protocol on the ninetieth day 
following the date of deposit of its instrument of 
ratification, acceptance or approval.