| Table of Contents
Preamble
Article 1: Definitions
Article 2: Control Measures
Article 2A: CFCs
Article 2B: Halons
Article 2C: Other fully halogenated CFCs
Article 2D: Carbon tetrachloride
Article 2E: 1,1,1-Trichloroethane (Methyl chloroform)
Article 2F: Hydrochlorofluorocarbons
Article 2G: Hydrobromofluorocarbons
Article 2H: Methyl bromide
Article 2I: Bromochloromethane
Article 3: Calculation of control levels
Article 4: Control of trade with non-Parties
Article 4A: Control of trade with Parties
Article 4B: Licensing
Article 5: Special situation of developing countries
Article 6: Assessment and review of control measures
Article 7: Reporting of data
Article 8: Non-compliance
Article 9: Research, development, public awareness
and exchange of information
Article 10: Financial mechanism
Article 10A: Transfer of technology
Article 11: Meetings of the parties
Article 12: Secretariat
Article 13: Financial provisions
Article 14: Relationship of this Protocol to
the Convention
Article 15: Signature
Article 16: Entry into force
Article 17: Parties joining after entry into
force
Article 18: Reservations
Article 19: Withdrawal
Article 20: Authentic texts
Annex A: Controlled substances
Annex B: Controlled substances
Annex C: Controlled substances
Annex D:* A list of products** containing controlled
substances specified in Annex A
Annex E: Controlled substance
Preamble
The Parties to this Protocol,
Being Parties to the Vienna Convention
for the Protection of the Ozone Layer,
Mindful of their obligation under that
Convention to take appropriate measures to protect
human health and the environment against adverse
effects resulting or likely to result from human
activities which modify or are likely to modify
the ozone layer,
Recognizing that world-wide emissions
of certain substances can significantly deplete
and otherwise modify the ozone layer in a manner
that is likely to result in adverse effects on
human health and the environment,
Conscious of the potential climatic effects
of emissions of these substances,
Aware that measures taken to protect the
ozone layer from depletion should be based on
relevant scientific knowledge, taking into account
technical and economic considerations,
Determined to protect the ozone layer
by taking precautionary measures to control equitably
total global emissions of substances that deplete
it, with the ultimate objective of their elimination
on the basis of developments in scientific knowledge,
taking into account technical and economic considerations
and bearing in mind the developmental needs of
developing countries,
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,
Noting the precautionary measures for
controlling emissions of certain chlorofluorocarbons
that have already been taken at national and regional
levels,
Considering the importance of promoting
international co-operation in the research, 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,
HAVE AGREED AS FOLLOWS:
Article 1: Definitions
For the purposes of this Protocol:
1. "Convention" means the Vienna Convention
for the Protection of the Ozone Layer, adopted
on 22 March 1985.
2. "Parties" means, unless the text
otherwise indicates, Parties to this Protocol.
3. "Secretariat" means the Secretariat
of the Convention.
4. "Controlled substance" means a substance
in Annex A, Annex B, Annex C or Annex E 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.
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".
6. "Consumption" means production plus
imports minus exports of controlled substances.
7. "Calculated levels" of production,
imports, exports and consumption means levels
determined in accordance with Article 3.
8. "Industrial rationalization" means
the transfer of all or a portion of the calculated
level of production of one Party to another, for
the purpose of achieving economic efficiencies
or responding to anticipated shortfalls in supply
as a result of plant closures.
Article 2: Control Measures
1. Incorporated in Article 2A.
2. Replaced by Article 2B.
3. Replaced by Article 2A.
4. Replaced by Article 2A.
5. Any Party may, for one or more control periods,
transfer to another Party any portion of its calculated
level of production set out in Articles 2A to
2F, and Article 2H, 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.
5 bis. Any Party not operating under paragraph
1 of Article 5 may, for one or more control periods,
transfer to another such Party any portion of
its calculated level of consumption set out in
Article 2F, provided that the calculated level
of consumption of controlled substances in Group
I of Annex A of the Party transferring the portion
of its calculated level of consumption did not
exceed 0.25 kilograms per capita in 1989 and that
the total combined calculated levels of consumption
of the Parties concerned do not exceed the consumption
limits set out in Article 2F. Such transfer of
consumption shall be notified to the Secretariat
by each of the Parties concerned, stating the
terms of such transfer and the period for which
it is to apply.
6. Any Party not operating under Article 5, that
has facilities for the production of Annex A or
Annex B controlled substances under construction,
or contracted for, prior to 16 September 1987,
and provided for in national legislation prior
to 1 January 1987, may add the production from
such facilities to its 1986 production of such
substances for the purposes of determining its
calculated level of production for 1986, provided
that such facilities are completed by 31 December
1990 and that such production does not raise that
Party's annual calculated level of consumption
of the controlled substances above 0.5 kilograms
per capita.
7. Any transfer of production pursuant to paragraph
5 or any addition of production pursuant to paragraph
6 shall be notified to the Secretariat, no later
than the time of the transfer or addition.
8. (a) Any Parties which are Member States of
a regional economic integration organization as
defined in Article 1 (6) of the Convention may
agree that they shall jointly fulfil their obligations
respecting consumption under this Article and
Articles 2A to 2I provided that their total combined
calculated level of consumption does not exceed
the levels required by this Article and Articles
2A to 2I.
(b) The Parties to any such agreement shall inform
the Secretariat of the terms of the agreement
before the date of the reduction in consumption
with which the agreement is concerned.
(c) Such agreement will become operative only
if all Member States of the regional economic
integration organization and the organization
concerned are Parties to the Protocol and have
notified the Secretariat of their manner of implementation.
9. (a) Based on the assessments made pursuant
to Article 6, the Parties may decide whether:
(i) Adjustments to the ozone depleting potentials
specified in Annex A, Annex B, Annex C and/or
Annex E should be made and, if so, what the adjustments
should be; and
(ii) Further adjustments and reductions of production
or consumption of the controlled substances should
be undertaken and, if so, what the scope, amount
and timing of any such adjustments and reductions
should be;
(b) Proposals for such adjustments shall be communicated
to the Parties by the Secretariat at least six
months before the meeting of the Parties at which
they are proposed for adoption;
(c) In taking such decisions, the Parties shall
make every effort to reach agreement by consensus.
If all efforts at consensus have been exhausted,
and no agreement reached, such decisions shall,
as a last resort, be adopted by a two-thirds majority
vote of the Parties present and voting representing
a majority of the Parties operating under Paragraph
1 of Article 5 present and voting and a majority
of the Parties not so operating present and voting;
(d) The decisions, which shall be binding on
all Parties, shall forthwith be communicated to
the Parties by the Depositary. Unless otherwise
provided in the decisions, they shall enter into
force on the expiry of six months from the date
of the circulation of the communication by the
Depositary.
10. Based on the assessments made pursuant to
Article 6 of this Protocol and in accordance with
the procedure set out in Article 9 of the Convention,
the Parties may decide:
- whether any substances, and
if so which, should be added to or removed from
any annex to this Protocol, and
- the mechanism, scope and timing
of the control measures that should apply to
those substances;
11. Notwithstanding the provisions contained
in this Article and Articles 2A to 2I Parties
may take more stringent measures than those required
by this Article and Articles 2A to 2I.
Article 2A: CFCs
1. Each Party shall ensure that for the twelve-month
period commencing on the first day of the seventh
month following the date of entry into force of
this Protocol, and in each twelve-month period
thereafter, its calculated level of consumption
of the controlled substances in Group I of Annex
A does not exceed its calculated level of consumption
in 1986. By the end of the same period, each Party
producing one or more of these substances shall
ensure that its calculated level of production
of the substances does not exceed its calculated
level of production in 1986, except that such
level may have increased by no more than ten per
cent based on the 1986 level. Such increase shall
be permitted only so as to satisfy the basic domestic
needs of the Parties operating under Article 5
and for the purposes of industrial rationalization
between Parties.
2. Each Party shall ensure that for the period
from 1 July 1991 to 31 December 1992 its calculated
levels of consumption and production of the controlled
substances in Group I of Annex A do not exceed
150 per cent of its calculated levels of production
and consumption of those substances in 1986; with
effect from 1 January 1993, the twelve-month control
period for these controlled substances shall run
from 1 January to 31 December each year.
3. Each Party shall ensure that for the twelve-month
period commencing on 1 January 1994, and in each
twelve-month period thereafter, its calculated
level of consumption of the controlled substances
in Group I of Annex A does not exceed, annually,
twenty-five per cent of its calculated level of
consumption in 1986. Each Party producing one
or more of these substances shall, for the same
periods, ensure that its calculated level of production
of the substances does not exceed, annually, twenty-five
per cent of its calculated level of production
in 1986. However, in order to satisfy the basic
domestic needs of the Parties operating under
paragraph 1 of Article 5, its calculated level
of production may exceed that limit by up to ten
per cent of its calculated level of production
in 1986.
4. Each Party shall ensure that for the twelve-month
period commencing on 1 January 1996, and in each
twelve-month period thereafter, its calculated
level of consumption of the controlled substances
in Group I of Annex A does not exceed zero. Each
Party producing one or more of these substances
shall, for the same periods, ensure that its calculated
level of production of the substances does not
exceed zero. However, in order to satisfy the
basic domestic needs of the Parties operating
under paragraph 1 of Article 5, its calculated
level of production may exceed that limit by a
quantity equal to the annual average of its production
of the controlled substances in Group I of Annex
A for basic domestic needs for the period 1995
to 1997 inclusive. This paragraph will apply save
to the extent that the Parties decide to permit
the level of production or consumption that is
necessary to satisfy uses agreed by them to be
essential.
5. Each Party shall ensure that for the twelve-month
period commencing on 1 January 2003 and in each
twelve-month period thereafter, its calculated
level of production of the controlled substances
in Group I of Annex A for the basic domestic needs
of the Parties operating under paragraph 1 of
Article 5 does not exceed eighty per cent of the
annual average of its production of those substances
for basic domestic needs for the period 1995 to
1997 inclusive.
6. Each Party shall ensure that for the twelve-month
period commencing on 1 January 2005 and in each
twelve-month period thereafter, its calculated
level of production of the controlled substances
in Group I of Annex A for the basic domestic needs
of the Parties operating under paragraph 1 of
Article 5 does not exceed fifty per cent of the
annual average of its production of those substances
for basic domestic needs for the period 1995 to
1997 inclusive.
7. Each Party shall ensure that for the twelve-month
period commencing on 1 January 2007 and in each
twelve-month period thereafter, its calculated
level of production of the controlled substances
in Group I of Annex A for the basic domestic needs
of the Parties operating under paragraph 1 of
Article 5 does not exceed fifteen per cent of
the annual average of its production of those
substances for basic domestic needs for the period
1995 to 1997 inclusive.
8. Each Party shall ensure that for the twelve-month
period commencing on 1 January 2010 and in each
twelve-month period thereafter, its calculated
level of production of the controlled substances
in Group I of Annex A for the basic domestic needs
of the Parties operating under paragraph 1 of
Article 5 does not exceed zero.
9. For the purposes of calculating basic domestic
needs under paragraphs 4 to 8 of this Article,
the calculation of the annual average of production
by a Party includes any production entitlements
that it has transferred in accordance with paragraph
5 of Article 2, and excludes any production entitlements
that it has acquired in accordance with paragraph
5 of Article 2.
Article 2B: Halons
1. Each Party shall ensure that for the twelve-month
period commencing on 1 January 1992, and in each
twelve-month period thereafter, its calculated
level of consumption of the controlled substances
in Group II of Annex A does not exceed, annually,
its calculated level of consumption in 1986. Each
Party producing one or more of these substances
shall, for the same periods, ensure that its calculated
level of production of the substances does not
exceed, annually, its calculated level of production
in 1986. However, in order to satisfy the basic
domestic needs of the Parties operating under
paragraph 1 of Article 5, its calculated level
of production may exceed that limit by up to ten
per cent of its calculated level of production
in 1986.
2. Each Party shall ensure that for the twelve-month
period commencing on 1 January 1994, and in each
twelve-month period thereafter, its calculated
level of consumption of the controlled substances
in Group II of Annex A does not exceed zero. Each
Party producing one or more of these substances
shall, for the same periods, ensure that its calculated
level of production of the substances does not
exceed zero. However, in order to satisfy the
basic domestic needs of the Parties operating
under paragraph 1 of Article 5, its calculated
level of production may, until 1 January 2002
exceed that limit by up to fifteen per cent of
its calculated level of production in 1986; thereafter,
it may exceed that limit by a quantity equal to
the annual average of its production of the controlled
substances in Group II of Annex A for basic domestic
needs for the period 1995 to 1997 inclusive. This
paragraph will apply save to the extent that the
Parties decide to permit the level of production
or consumption that is necessary to satisfy uses
agreed by them to be essential.
3. Each Party shall ensure that for the twelve-month
period commencing on 1 January 2005 and in each
twelve-month period thereafter, its calculated
level of production of the controlled substances
in Group II of Annex A for the basic domestic
needs of the Parties operating under paragraph
1 of Article 5 does not exceed fifty per cent
of the annual average of its production of those
substances for basic domestic needs for the period
1995 to 1997 inclusive.
4. Each Party shall ensure that for the twelve-month
period commencing on 1 January 2010 and in each
twelve-month period thereafter, its calculated
level of production of the controlled substances
in Group II of Annex A for the basic domestic
needs of the Parties operating under paragraph
1 of Article 5 does not exceed zero.
Article 2C: Other fully halogenated CFCs
1. Each Party shall ensure that for the twelve-month
period commencing on 1 January 1993, 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 period, 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 1994, 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,
twenty-five 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, twenty-five
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 1996, 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, until 1 January 2003
exceed that limit by up to fifteen per cent of
its calculated level of production in 1989; thereafter,
it may exceed that limit by a quantity equal to
eighty per cent of the annual average of its production
of the controlled substances in Group I of Annex
B for basic domestic needs for the period 1998
to 2000 inclusive. This paragraph will apply save
to the extent that the Parties decide to permit
the level of production or consumption that is
necessary to satisfy uses agreed by them to be
essential.
4. Each Party shall ensure that for the twelve-month
period commencing on 1 January 2007 and in each
twelve-month period thereafter, its calculated
level of production of the controlled substances
in Group I of Annex B for the basic domestic needs
of the Parties operating under paragraph 1 of
Article 5 does not exceed fifteen per cent of
the annual average of its production of those
substances for basic domestic needs for the period
1998 to 2000 inclusive.
5. Each Party shall ensure that for the twelve-month
period commencing on 1 January 2010 and in each
twelve-month period thereafter, its calculated
level of production of the controlled substances
in Group I of Annex B for the basic domestic needs
of the Parties operating under paragraph 1 of
Article 5 does not exceed zero.
Article 2D: Carbon tetrachloride
1. Each Party shall ensure that for the twelve-month
period commencing on 1 January 1995, 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 period, 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 1996, 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. This paragraph will
apply save to the extent that the Parties decide
to permit the level of production or consumption
that is necessary to satisfy uses agreed by them
to be essential.
Article 2E: 1,1,1-Trichloroethane (Methyl chloroform)
1. Each Party shall ensure that for the twelve-month
period commencing on 1 January 1993, 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
period, 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 1994, 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,
fifty 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, fifty 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 1996, 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 for 1989.
This paragraph will apply save to the extent that
the Parties decide to permit the level of production
or consumption that is necessary to satisfy uses
agreed by them to be essential.
Article 2F: Hydrochlorofluorocarbons
1. Each Party shall ensure that for the twelve-month
period commencing on 1 January 1996, and in each
twelve-month period thereafter, its calculated
level of consumption of the controlled substances
in Group I of Annex C does not exceed, annually,
the sum of:
- Two point eight per cent of
its calculated level of consumption in 1989
of the controlled substances in Group I of Annex
A; and
- Its calculated level of consumption
in 1989 of the controlled substances in Group
I of Annex C.
2. Each Party shall ensure that for the twelve
month period commencing on 1 January 2004, and
in each twelve-month period thereafter, its calculated
level of consumption of the controlled substances
in Group I of Annex C does not exceed, annually,
sixty-five per cent of the sum referred to in
paragraph 1 of this Article.
3. Each Party shall ensure that for the twelve-month
period commencing on 1 January 2010, and in each
twelve-month period thereafter, its calculated
level of consumption of the controlled substances
in Group I of Annex C does not exceed, annually,
thirty-five per cent of the sum referred to in
paragraph 1 of this Article.
4. Each Party shall ensure that for the twelve-month
period commencing on 1 January 2015, and in each
twelve-month period thereafter, its calculated
level of consumption of the controlled substances
in Group I of Annex C does not exceed, annually,
ten per cent of the sum referred to in paragraph
1 of this Article.
5. Each Party shall ensure that for the twelve-month
period commencing on 1 January 2020, and in each
twelve-month period thereafter, its calculated
level of consumption of the controlled substances
in Group I of Annex C does not exceed, annually,
zero point five per cent of the sum referred to
in paragraph 1 of this Article. Such consumption
shall, however, be restricted to the servicing
of refrigeration and air conditioning equipment
existing at that date.
6. Each Party shall ensure that for the twelve-month
period commencing on 1 January 2030, and in each
twelve-month period thereafter, its calculated
level of consumption of the controlled substances
in Group I of Annex C does not exceed zero.
7. As of 1 January 1996, each Party shall endeavour
to ensure that:
- The use of controlled substances
in Group I of Annex C is limited to those applications
where other more environmentally suitable alternative
substances or technologies are not available;
- The use of controlled substances
in Group I of Annex C is not outside the areas
of application currently met by controlled substances
in Annexes A, B and C, except in rare cases
for the protection of human life or human health;
and
- Controlled substances in Group
I of Annex C are selected for use in a manner
that minimizes ozone depletion, in addition
to meeting other environmental, safety and economic
considerations.
8. Each Party producing one or more of these
substances shall ensure that for the twelve-month
period commencing on 1 January 2004, and in each
twelve-month period thereafter, its calculated
level of production of the controlled substances
in Group I of Annex C does not exceed, annually,
the average of:
- The sum of its calculated level
of consumption in 1989 of the controlled substances
in Group I of Annex C and two point eight per
cent of its calculated level of consumption
in 1989 of the controlled substances in Group
I of Annex A; and
- The sum of its calculated level
of production in 1989 of the controlled substances
in Group I of Annex C and two point eight per
cent of its calculated level of production in
1989 of the controlled substances in Group I
of Annex A.
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 of the controlled
substances in Group I of Annex C as defined above.
Article 2G: Hydrobromofluorocarbons
Each Party shall ensure that for the twelve-month
period commencing on 1 January 1996, and in each
twelve-month period thereafter, its calculated
level of consumption of the controlled substances
in Group II of Annex C does not exceed zero. Each
Party producing the substances shall, for the
same periods, ensure that its calculated level
of production of the substances does not exceed
zero. This paragraph will apply save to the extent
that the Parties decide to permit the level of
production or consumption that is necessary to
satisfy uses agreed by them to be essential.
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Refrigerant Gases
MONTREAL
PROTOCOL 2000
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