L.S. 549.16 Regolamenti li Jinkorporaw il-Konvenzjoni ta’ Vjenna dwar

VIENNA CONVENTION FOR THE PROTECTION OF THE OZONE LAYER AND THE MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE LAYER (INCORPORATION) [ S.L.549.16 1 SUBSIDIARY LEGISLATION 549.16 VIENNA CONVENTION FOR THE PROTECTION OF THE OZONE LAYER AND THE MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE LAYER (INCORPORATION) REGULATIONS 1st March, 2002 LEGAL NOTICE 226 of 2001, as amended by Legal Notice 259 of 2025. 1. The title of these regulations is the Vienna Convention for the Protection of the Ozone Layer and the Montreal Protocol on Substances that deplete the Ozone Layer (Incorporation) Regulations. Citation. 2.

(1)The Vienna Convention for the Protection of the Ozone Layer done at Vienna on the twenty-second day of March, 1985 and the Montreal Protocol on Substances that Deplete the Ozone Layer done at Montreal on the sixteenth day of September, 1987 as amended by the Kigali Amendment adopted at Kigali on October 15, 2016, and entered into force on January 1, 2019 shall form part of the laws of Malta. Incorporation of the Vienna Convention and the Montreal Protocol into Maltese Law. Amended by: L.N. 259 of 2025.

(2)The texts of the said Vienna Convention appear in the First Schedule, the texts of the said Montreal Protocol as amended by the Kigali Amendment appear in the Second Schedule, and the texts of the Declaration by the European Economic Community in conformity with Article 13

(3)of the Vienna Convention for the protection of the ozone layer appear in the Third Schedule, all of which are being published in the English language with the English text of these regulations. 2 [ S.L.549.16 Amended by: L.N. 259 of 2025. VIENNA CONVENTION FOR THE PROTECTION OF THE OZONE LAYER AND THE MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE LAYER (INCORPORATION) FIRST SCHEDULE VIENNA CONVENTION FOR THE PROTECTION OF THE OZONE LAYER PREAMBLE THE PARTIES TO THIS CONVENTION, AWARE of the potentially harmful impact on human health and the environment through modification of the ozone layer, RECALLING the pertinent provisions of the Declaration of the United Nations Conference on the Human Environment, and in particular principle 21, which provides that 'States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction', TAKING INTO ACCOUNT the circumstances and particular requirements of developing countries, MINDFUL of the work and studies proceeding within both international and national organizations and, in particular, of the World Plan of Action on the Ozone Layer of the United Nations Environment Programme, MINDFUL ALSO of the precautionary measures for the protection of the ozone layer which have already been taken at the national and international levels, AWARE that measures to protect the ozone layer from modifications due to human activities require international cooperation and action, and should be based on relevant scientific and technical considerations, AWARE ALSO of the need for further research and systematic observations to further develop scientific knowledge of the ozone layer and possible adverse effects resulting from its modification, DETERMINED to protect human health and the environment against adverse effects resulting from modification of the ozone layer, HAVE AGREED AS FOLLOWS: Article 1 Definitions For the purposes of this Convention: 1. 'The ozone layer' means the layer of atmospheric ozone above the planetary boundary layer. 2. 'Adverse effects' means changes in the physical environment or biota, including changes in climate, which have significant deleterious effects on human health or on the composition, resilience and productivity of natural and managed ecosystems, or on materials useful to mankind. 3. 'Alternative technologies or equipment' means technologies or equipment the use of which makes it possible to reduce or effectively eliminate emissions of VIENNA CONVENTION FOR THE PROTECTION OF THE OZONE LAYER AND THE MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE LAYER (INCORPORATION) [ S.L.549.16 3 substances which have or are likely to have adverse effects on the ozone layer. 4. 'Alternative substances' means substances which reduce, eliminate or avoid adverse effects on the ozone layer. 5. 'Parties' means, unless the text otherwise indicates, Parties to this Convention. 6. 'Regional economic integration organization' means an organization constituted by sovereign States of a given region which has competence in respect of matters governed by this Convention or its protocols and has been duly authorized, in accordance with its internal procedures, to sign, ratify, accept, approve or accede to the instruments concerned. 7. 'Protocols' means protocols to this Convention. Article 2 General obligations 1. The Parties shall take appropriate measures in accordance with the provisions of this Convention and of those protocols in force to which they are party 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. 2. To this end the Parties shall, in accordance with the means at their disposal and their capabilities: (

a)cooperate by means of systematic observations, research and information exchange in order to better understand and assess the effects of human activities on the ozone layer and the effects on human health and the environment from modification of the ozone layer; (
b)adopt appropriate legislative or administrative measures and cooperate in harmonizing appropriate policies to control, limit, reduce or prevent human activities under their jurisdiction or control should it be found that these activities have or are likely to have adverse effects resulting from modification or likely modification of the ozone layer; (
c)cooperate in the formulation of agreed measures, procedures and standards for the implementation of this Convention, with a view to the adoption of protocols and annexes; (
d)cooperate with competent international bodies to implement effectively this Convention and protocols to which they are party. 3. The provisions of this Convention shall in no way affect the right of Parties to adopt, in accordance with international law, domestic measures additional to those referred to in paragraphs 1 and 2 above, nor shall they affect additional domestic m e a s u r e s a l r e a d y t a k e n b y a P a r t y, p r o v i d e d t h a t t h e s e m e a s u r e s a r e n o t incompatible with their obligations under this Convention. 4. The application of this Article shall be based on relevant scientific and technical considerations. Article 3 Research and systematic observations 1. The Parties undertake, as appropriate, to initiate and cooperate in, directly or through competent international bodies, the conduct of research and scientific assessments on: [ S.L.549.16 4 VIENNA CONVENTION FOR THE PROTECTION OF THE OZONE LAYER AND THE MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE LAYER (INCORPORATION) (
a)the physical and chemical processes that may affect the ozone layer; (
b)the human health and other biological effects deriving from any modifications of the ozone layer, particularly those resulting from changes in ultraviolet solar radiation having biological effects (UV-B); (
c)climatic ejects deriving from any modifications of the ozone layer; (
d)ejects deriving from any modifications of the ozone layer and any consequent change in UV-B radiation on natural and synthetic materials useful to mankind; (
e)substance, practices, processes and activities that may affect the ozone layer, and their cumulative effects; (
f)alternative substances and technologies; (
g)related socio-economic matters; and as further elaborated in Annexes I and II. 2. The Parties undertake to promote or establish, as appropriate, directly or through competent international bodies and taking fully into account national legislation and relevant ongoing activities at both the national and international levels, joint or complementary programmes for systematic observations of the state of the ozone layer and other relevant parameters, as elaborated in Annex I. 3. The Parties undertake to cooperate, directly or through competent international bodies, in ensuring the collection, validation and transmission of research and observational data through appropriate world data centres in a regular and timely fashion. Article 4 Cooperation in the legal, scientific and technical fields 1. The Parties shall facilitate and encourage the exchange of scientific, technical, socio-economic, commercial and legal information relevant to this Convention as further elaborated in Annex II. Such information shall be supplied to bodies agreed upon by the Parties. Any such body receiving information regarded as confidential by the supplying Party shall ensure that such information is not disclosed and shall aggregate it to protect its confidentiality before it is made available to all Parties. 2. The Parties shall cooperate, consistent with their national laws, regulations and practices and taking into account in particular the needs of the developing countries, in promoting, directly or through competent international bodies, the development and transfer of technology and knowledge. Such cooperation shall be carried out particularly through: (
a)facilitation of the acquisition of alternative technologies by other Parties; (
b)provision of information on alternative technologies and equipment, and supply of special manuals or guides to them; (
c)the supply of necessary equipment and facilities for research and systematic observations; (
d)appropriate training of scientific and technical personnel. VIENNA CONVENTION FOR THE PROTECTION OF THE OZONE LAYER AND THE MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE LAYER (INCORPORATION) [ S.L.549.16 5 Article 5 Transmission of information The Parties shall transmit, through the secretariat, to the Conference of the Parties established under Article 6, information on the measures adopted by them in implementation of this Convention and of protocols to which they are party in such form and at such intervals as the meetings of the parties to the relevant instruments may determine. Article 6 Conference of the Parties 1. A Conference of the Parties is hereby established. The first meeting of the Conference of the Parties shall be convened by the secretariat designated on an interim basis under Article 7 not later than one year after entry into force of this Convention. Thereafter, ordinary meetings of the Conference of the Parties shall be held at regular intervals to be determined by the Conference at its first meeting. 2. Extraordinary meetings of the Conference of the Parties shall be held at such other times as may be deemed necessary by the Conference, or at the written request of any Party, provided that, within six months of the request being communicated to them by the secretariat, it is supported by at least one-third of the Parties. 3. The Conference of the Parties shall by consensus agree upon and adopt rules of procedure and financial rules for itself and for any subsidiary bodies it may establish, as well as financial provisions governing the functioning of the secretariat. 4. The Conference of the Parties shall keep under continuous review the implementation of this Convention, and, in addition, shall: (
a)establish the form and the intervals for transmitting the information to be submitted in accordance with Article 5 and consider such information as well as reports submitted by any subsidiary body; (
b)review the scientific information on the ozone layer, on its possible modification and on possible effects of any such modification; (
c)promote, in accordance with Article 2, the harmonization of appropriate policies, strategies and measures for minimizing the release of substances causing or likely to cause modification of the ozone layer, and make recommendations on any other measures relating to this Convention; (
d)adopt, in accordance with Articles 3 and 4, programmes for research, systematic observations, scientific and technological cooperation, the exchange of information and the transfer of technology and knowledge; (
e)consider and adopt, as required, in accordance with Articles 9 and 10, amendments to this Convention and its annexes; (
f)consider amendments to any protocol, as well as to any annexes thereto, and, if so decided, recommend their adoption to the parties to the protocol concerned; (
g)consider and adopt, as required, in accordance with Article 10, additional annexes to this Convention; (
h)consider and adopt, as required, protocols in accordance with Article 8; (
i)establish such subsidiary bodies as are deemed necessary for the implementation of this Convention; [ S.L.549.16 6 (
j)VIENNA CONVENTION FOR THE PROTECTION OF THE OZONE LAYER AND THE MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE LAYER (INCORPORATION) seek, where appropriate, the service of competent international bodies and scientific committees, in particular the World Meteorological Organization and the World Health Organization, as well as the Coordinating Committee on the Ozone Layer, in scientific research, systematic observations and other activities pertinent to the objectives of this Convention, and make use as appropriate of information from these bodies and committees; (
k)consider and undertake any additional action that may be required for the achievement of the purposes of this Convention. 5. The United Nations, its specialized agencies and the International Atomic Energy Agency, as well as any State not party to this Convention, may be represented at meetings of the Conference of the Parties by observers. Any body or agency, whether national or international, governmental or non-governmental, qualified in fields relating to the protection of the ozone layer which has informed the secretariat of its wish to be represented at a meeting of the Conference of the Parties as an observer may be admitted unless at least one-third of the Parties present object. The admission and participation of observers shall be subject to the rules of procedure adopted by the Conference of the Parties. Article 7 Secretariat 1. The functions of the secretariat shall be: (
a)to arrange for and service meetings provided for in Articles 6, 8, 9 and 10; (
b)to prepare and transmit reports based upon information received in accordance with Articles 4 and 5, as well as upon information derived from meetings of subsidiary bodies established under Article 6; (
c)to perform the functions assigned to it by any protocol; (
d)to prepare reports on its activities carried out in implementation of its functions under this Convention and present them to the Conference of the Parties; (
e)to ensure the necessary coordination with other relevant international bodies, and in particular to enter into such administrative and contractual arrangements as may be required for the effective discharge of its functions; (
f)to perform such other functions as may be determined by the Conference of the Parties. 2. The secretariat functions will be carried out on an interim basis by the United Nations Environment Programme until the completion of the first ordinary meeting of the Conference of the Parties held pursuant to Article 6. At its first ordinary meeting, the Conference of the Parties shall designate the secretariat from amongst those existing competent international organizations which have signified their willingness to carry out the secretariat functions under this Convention. Article 8 Adoption of protocols 1. The Conference of the Parties may at a meeting adopt protocols pursuant to Article 2. VIENNA CONVENTION FOR THE PROTECTION OF THE OZONE LAYER AND THE MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE LAYER (INCORPORATION) [ S.L.549.16 7 2. The text of any proposed protocol shall be communicated to the Parties by the secretariat at least six months before such a meeting. Article 9 Amendment of the Convention or protocols 1. Any Party may propose amendments to this Convention or to any protocol. Such amendments shall take due account, inter alia, of relevant scientific and technical considerations. 2. Amendments to this Convention shall be adopted at a meeting of the Conference of the Parties. Amendments to any protocol shall be adopted at a meeting of the Parties to the protocol in question. The text of any proposed amendment to this Convention or to any protocol, except as may otherwise be provided in such protocol, shall be communicated to the Parties by the secretariat at least six months before the meeting at which it is proposed for adoption. The secretariat shall also communicate proposed amendments to the signatories to this Convention for information. 3. The Parties shall make every effort to reach agreement on any proposed amendment to this Convention by consensus. If all efforts at consensus have been exhausted, and no agreement reached, the amendment shall as a last resort be adopted by a three-fourths majority vote of the Parties present and voting at the meeting, and shall be submitted by the Depositary to all Parties for ratification, approval or acceptance. 4. The procedure mentioned in paragraph 3 above shall apply to amendments to any protocol, except that a two-thirds majority of the parties to that protocol present and voting at the meeting shall suffice for their adoption. 5. Ratification, approval or acceptance of amendments shall be notified to the Depositary in writing. Amendments adopted in accordance with paragraphs 3 or 4 above shall enter into force between parties having accepted them on the 90th day after the receipt by the Depositary of notification of their ratification, approval or acceptance by at least three-fourths of the Parties to this Convention or by at least two-thirds of the parties to the protocol concerned, except as may otherwise be provided in such protocol. Thereafter the amendments shall enter into force for any other Party on the 90th day after that Party deposits its instrument of ratification, approval or acceptance of the amendments. 6. For the purposes of this Article 'Parties present and voting' means Parties present and casting an affirmative or negative vote. Article 10 Adoption and amendment of annexes 1. The annexes to this Convention or to any protocol shall form an integral part of this Convention or of such protocol, as the case may be, and, unless expressly provided otherwise, a reference to this Convention or its protocols constitutes at the same time a reference to any annexes thereto. Such annexes shall be restricted to scientific, technical and administrative matters. 2. Except as may be otherwise provided in any protocol with respect to its annexes, the following procedure shall apply to the proposal, adoption and entry into force of additional annexes to this Convention or of annexes to a protocol: (
a)annexes to this Convention shall be proposed and adopted according to the procedure laid down in Article 9, paragraphs 2 and 3, while annexes 8 [ S.L.549.16 VIENNA CONVENTION FOR THE PROTECTION OF THE OZONE LAYER AND THE MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE LAYER (INCORPORATION) to any protocol shall be proposed and adopted according to the procedure laid down in Article 9, paragraphs 2 and 4; (
b)any party that is unable to approve an additional annex to this Convention or an annex to any protocol to which it is party shall so notify the Depositary, in writing, within six months from the date of the communication of the adoption by the Depositary. The Depositary shall without delay notify all Parties of any such notification received. A Party may at any time substitute an acceptance for a previous declaration of objection and the annexes shall thereupon enter into force for that Party; (
c)on the expiry of six months from the date of the circulation of the communication by the Depositary, the annex shall become elective for all Parties to this Convention or to any protocol concerned which have not submitted a notification in accordance with the provision of subparagraph (
b)above. 3. The proposal, adoption and entry into force of amendments to annexes to this Convention or to any protocol shall be subject to the same procedure as for the proposal, adoption and entry into force of annexes to the Convention or annexes to a protocol. Annexes and amendments thereto shall take due account, inter alia, of relevant scientific and technical consideration. 4. If an additional annex or an amendment to an annex involves an amendment to this Convention or to any protocol, the additional annex or amended annex shall not enter into force until such time as the amendment to this Convention or to the protocol concerned enters into force. Article 11 Settlement of disputes 1. In the event of a dispute between Parties concerning the interpretation or application of this Convention, the parties concerned shall seek solution by negotiation. 2. If the parties concerned cannot reach agreement by negotiation, they may jointly seek the good offices of, or request mediation by, a third party. 3. When ratifying, accepting, approving or acceding to this Convention, or at any time thereafter, a State or regional economic integration organization may declare in writing to the Depositary that for a dispute not resolved in accordance with paragraph 1 or 2 above, it accepts one or both of the following means of dispute settlement as compulsory: (
a)arbitration in accordance with procedures to be adopted by the Conference of the Parties at its first ordinary meeting; (
b)submission of the dispute to the International Court of Justice. 4. If the parties have not, in accordance with paragraph 3 above, accepted the same or any procedure, the dispute shall be submitted to conciliation in accordance with paragraph 5 below unless the parties otherwise agree. 5. A conciliation commission shall be created upon the request of one of the parties to the dispute. The commission shall be composed of an equal number of members appointed by each party concerned and a chairman chosen jointly by the members appointed by each party. The commission shall render a final and recommendatory award, which the parties shall consider in good faith. VIENNA CONVENTION FOR THE PROTECTION OF THE OZONE LAYER AND THE MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE LAYER (INCORPORATION) [ S.L.549.16 9 6. The provisions of this Article shall apply with respect to any protocol except as otherwise provided in the protocol concerned. Article 12 Signature This Convention shall be open for signature by States and by regional economic integration' organizations at the Federal Ministry for Foreign Affairs of the Republic of Austria in Vienna from 22 March 1985 to 21 September 1985, and at United Nations Headquarters in New York from 22 September 1985 to 21 March 1986. Article 13 Ratification, acceptance or approval 1. This Convention and any protocol shall be subject to ratification, acceptance or approval by States and by regional economic integration organizations. Instruments of ratification, acceptance or approval shall be deposited with the Depositary. 2. Any organization referred to in paragraph 1 above which becomes a Party to this Convention or any protocol without any of its member States being a Party shall be bound by all the obligations under the Convention or the protocol, as the case may be. In the case of such organizations, one or more of whose member States is a Party to the Convention or relevant protocol, the organization and its member States shall decide on their respective responsibilities for the performance of their obligation under the Convention or protocol, as the case may be. In such cases, the organization and the member States shall not be entitled to exercise rights under the Convention or relevant protocol concurrently. 3. In their instruments of ratification, acceptance or approval, the organizations referred to in paragraph 1 above shall declare the extent of their competence with respect to the matters governed by the Convention or the relevant protocol. These organizations shall also inform the Depositary of any substantial modification in the extent of their competence. Article 14 Accession 1. This Convention and any protocol shall be open for accession by States and by regional economic integration organizations from the date on which the Convention or the protocol concerned is closed for signature. The instruments of accession shall be deposited with the Depositary. 2. In their instruments of accession, the organizations referred to in paragraph 1 above shall declare the extent of their competence with respect to the matters governed by the Convention or the relevant protocol. These organizations shall also inform the Depositary of any substantial modification in the extent of their competence. 3. The provisions of Article 13, paragraph 2, shall apply to regional economic integration organizations which accede to this Convention or any protocol. Article 15 Right to vote 1. Each Party to this Convention or to any protocol shall have one vote. 2. Except as provided for in paragraphs 1 above, regional economic integration 10 [ S.L.549.16 VIENNA CONVENTION FOR THE PROTECTION OF THE OZONE LAYER AND THE MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE LAYER (INCORPORATION) organizations, in matters within their competence, shall exercise their right to vote with a number of votes equal to the number of their member States which are Parties to the Convention or the relevant protocol. Such organizations shall not exercise their right to vote if their member States exercise theirs, and vice versa. Article 16 Relationship between the Convention and its protocols 1. A State or a regional economic integration organization may not become a party to a protocol unless it is, or becomes at the same time, a Party to the Convention. 2. Decisions concerning any protocol shall be taken only by the parties to the protocol concerned. Article 17 Entry into force 1. This Convention shall enter into force on the 90th day after the date of deposit of the 20th instrument of ratification, acceptance, approval or accession. 2. Any protocol, except as otherwise provided in such protocol, shall enter into force on the 90th day after the date of deposit of the 11th instrument of ratification, acceptance or approval of such protocol or accession thereto. 3. For each Party which ratifies, accepts or approves this Convention or accedes thereto after the deposit of the 20th instrument of ratification, acceptance, approval or accession, it shall enter into force on the 90th day after the date of deposit by such Party of its instrument of ratification, acceptance, approval or accession. 4. Any protocol,. except as otherwise provided in such protocol, shall enter into force for a party that ratifies, accepts or approves that protocol or accedes thereto after its entry into force pursuant to paragraph 2 above, on the 90th day after the date on which that party deposits its instrument of ratification, acceptance, approval or accession, or on the date on which the Convention enters into force for that Party, whichever shall be the later. 5. For the purpose of paragraphs 1 and 2 above, any instrument deposited by a regional economic integration organization shall not be counted as additional to those deposited by member States of such organization. Article 18 Reservations No reservations may be made to this Convention. Article 19 Withdrawal 1. At any time after four years from the date on which this Convention has entered into force for a Party, that Party may withdraw from the Convention by giving written notification to the Depositary. 2. Except as may be provided in any protocol, at any time after four years from the date on which such protocol has entered into force for a party, that party may withdraw from the protocol by giving written notification to the Depositary. 3. Any such withdrawal shall take effect upon expiry of one year after the date VIENNA CONVENTION FOR THE PROTECTION OF THE OZONE LAYER AND THE MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE LAYER (INCORPORATION) [ S.L.549.16 11 of its receipt by the Depositary, or on such later date as may be specified in the notification of the withdrawal. 4. Any Party which withdraws from this Convention shall be considered as also having withdrawn from any protocol to which it is party. Article 20 Depositary 1. The Secretary-General of the United Nations shall assume the functions of depository of this Convention and any protocols. 2. The Depositary shall inform the Parties, in particular, of: (
a)the signature of this Convention and of any protocol, and the deposit of instruments of ratification, acceptance, approval or accession in accordance with Articles 13 and 14; (
b)the date on which the Convention and any protocol will come into force in accordance with Article 17; (
c)notification of withdrawal made in accordance with Article 19; (
d)Amendments adopted with respect to the Convention and any protocol, their acceptance by the parties and their date of entry into force in accordance with Article 9; (
e)all communications relating to the adoption and approval of annexes and to the amendment of annexes in accordance with Article 10; (
f)notifications by regional economic integration organizations of the extent of their competence with respect to matters governed by this Convention and any protocols, and of any modifications thereof; (
g)declarations made in accordance with Article 11, paragraph 3. Article 21 Authentic texts The original of this Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations. In witness whereof the undersigned, being duly authorized to that effect, have signed this Convention. Done at Vienna on the 22nd day of March 1985. Annex I RESEARCH AND SYSTEMATIC OBSERVATIONS 1. The Parties to the Convention recognize that the major scientific issues are: (
a)modification of the ozone layer which would result in a change in the amount of solar ultraviolet radiation having biological effects (UV-B) that reaches the Earth’s surface and the potential consequences for human health, for organisms, ecosystems and materials useful to mankind; (
b)modification of the vertical distribution of ozone, which could change the temperature structure of the atmosphere and the potential consequences for weather and climate. 2. The Parties to the Conventions in accordance with Article 3, shall cooperate [ S.L.549.16 12 VIENNA CONVENTION FOR THE PROTECTION OF THE OZONE LAYER AND THE MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE LAYER (INCORPORATION) in conducting research and systematic observations and in formulating recommendations for future research and observation in such areas as: (
a)(
b)(
c)Research into the physics and chemistry of the atmosphere (
i)comprehensive theoretical models: further development of models which consider the interaction between radiative, dynamic and chemical processes; studies of the simultaneous effects of various man-made and naturally occurring species upon atmospheric ozone; interpretation of satellite and non-satellite measurement data sets; evaluation of trends in atmospheric and geophysical parameters, and the development of methods for attributing changes in these parameters to specific causes; (
ii)laboratory studies of rate coefficients, absorption cross-sections and mechanisms of tropospheric and stratospheric chemical and photochemical processes; spectroscopic data to support field measurements in all relevant spectral regions; (iii) field measurements: the concentration and fluxes of key source gases of both natural and anthropogenic origin; atmospheric dynamics studies; simultaneous measurements of photochemically related species down to the planetary boundary layer, using in situ and remote sensing instruments; intercomparison of different sensors, including coordinated correlative measurements for satellite instrumentation; three-dimensional fields of key atmospheric trace constituents, solar spectral flux and meteorological parameters; (
iv)instrument development, including satellite and non-satellite sensors for atmospheric trace constituents, solar flux and meteorological parameters; Research into health, biological and photodegradation effects (
i)the relationship between human exposure to visible and ultraviolet solar radiation and (
a)the development of both non-melanoma and melanoma skin cancer and (
b)the effects on the immunological system; (
ii)effects of UV-B radiation, including the wavelength dependence, upon (
a)agricultural crops, forests and other terrestrial ecosystems, and (
b)the aquatic food web and fisheries, as well as possible inhibition of oxygen production by marine phytoplankton; (iii) the mechanisms by which UV-B radiation acts on biological materials, species and ecosystems, including: the relationship between dose, dose rate, and response; photorepair, adaptation, and protection; (
iv)studies of biological action spectra and the spectral response using polychromatic radiation in order to include possible interactions of the various wavelength regions; (
v)the influence of UV-B radiation on: the sensitivities and activities of biological species important to the biospheric balance; primary processes such as photosynthesis and biosynthesis; (
vi)the influence of UV-B radiation on the photodegradation of pollutants, agricultural chemicals and other materials; Research on effects on climate VIENNA CONVENTION FOR THE PROTECTION OF THE OZONE LAYER AND THE MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE LAYER (INCORPORATION) (
d)[ S.L.549.16 13 (
i)theoretical and observational studies of the radiative effects of ozone and other trace species and the impact on climate parameters, such as land and ocean surface temperatures, precipitation patterns, the exchange between the troposphere and stratosphere; (
ii)the investigation of the effects of such climate impacts on various aspects of human activity; Systematic observations on: (
i)the status of the ozone layer (i.e. the spatial and temporal variability of the total column content and vertical distribution) by making the Global Ozone Observing System, based on the integration of satellite and ground-based systems, fully operational; (
ii)the tropospheric and stratospheric concentrations of source gases for the HOx, NOx, ClOx and carbon families; (iii) the temperature from the ground to the mesosphere, utilizing both ground-based and satellite systems; (
iv)wavelength-resolved solar flux reaching, and thermal radiation leaving, the Earth’s atmosphere, utilizing satellite measurements; (
v)wavelength-resolved solar flux reaching the Earth’s surface in the ultraviolet range having biological effects (UV-B); (
vi)aerosol properties and distribution from the ground to the mesosphere, utilizing ground-based, airborne and satellite systems; (vii) climatically important variables by the maintenance of programmes of high-quality meteorological surface measurements; (viii) trace species, temperatures, solar flux and aerosols utilizing improved methods for analysing global data. 3. The Parties to the Convention shall cooperate, taking into account the particular needs of the developing countries, in promoting the appropriate scientific and technical training required to participate in the research and systematic observations outlined in this annex. Particular emphasis should be given to the intercalibration of observational instrumentation and methods with a view to generating comparable or standardized scientific data sets. 4. The following chemical substances of natural and anthropogenic origin, not listed in order of priority, are thought to have the potential to modify the chemical and physical properties of the ozone layer. (
a)Carbon substances (
i)Carbon monoxide (CO) Carbon monoxide has significant natural and anthropogenic sources, and is thought to play a major direct role in tropospheric photochemistry, and an indirect role in stratospheric photochemistry; (
ii)Carbon dioxide (CO 2) Carbon dioxide has significant nature: and anthropogenic sources, and affects stratospheric ozone by influencing the thermal structure of the atmosphere; (iii) Methane (CH 4) Methane has both natural and anthropogenic sources, and effects both [ S.L.549.16 14 VIENNA CONVENTION FOR THE PROTECTION OF THE OZONE LAYER AND THE MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE LAYER (INCORPORATION) tropospheric and stratospheric ozone; (
iv)Non-methane hydrocarbon species Non-methane hydrocarbon species, which consist of a large number of chemical substances, have both natural and anthropogenic sources, and play a direct role in tropospheric photochemistry and an indirect role in stratospheric photochemistry; (
b)Nitrogen substances (
i)Nitrous oxide (N 2O) The dominant sources of N2O are natural, but anthropogenic contributions are becoming increasingly important. Nitrous oxide is the primary source of stratospheric NOx, which play a vital role in controlling the abundance of stratospheric ozone; (
ii)Nitrogen oxides (NOx) Ground-level sources of NOx play a major direct role only in tropospheric photochemical processes and an indirect role in stratospheric photochemistry, whereas injection of NOx close to the tropopause may lead directly to a change in upper tropospheric and stratospheric ozone; (
c)Chlorine substances (
i)Fully halogenated alkanes, e.g. CCl4, CFCl 3 (CFC-11), CF 2Cl2 (CFC12), C 2F3Cl3 (CFC-113), C 2F4Cl2 (CFC-114) Fully halogenated alkanes are anthropogenic and act as a source of ClOx, which plays a vital role in ozone photochemistry, especially in the 30 to 50 kilometre altitude region; (
ii)Partially halogenated alkanes, e.g. CH 3Cl, CHF2Cl (CFC-22), CH 3CCl3, CHFCl 2 (CFC-21) The sources of CH3C1 are natural, whereas the other partially halogenated alkanes mentioned above are anthropogenic in origin. These gases also act as a source of stratospheric ClOx; (
d)Bromine substances Fully halogenated alkanes, e.g. CF 3Br These gases are anthropogenic and act as a source of BrOx, which behaves in a manner similar to ClOx; (
e)Hydrogen substances (
i)Hydrogen (H 2) Hydrogen, the source of which is natural and anthropogenic, plays a minor role in stratospheric photochemistry; (
ii)Water (H2O) Water, the source of which is natural, plays a vital role in both tropospheric and stratospheric photochemistry. Local sources of water vapour in the stratosphere include the oxidation of methane and, to a lesser extent, of hydrogen. VIENNA CONVENTION FOR THE PROTECTION OF THE OZONE LAYER AND THE MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE LAYER (INCORPORATION) [ S.L.549.16 15 Annex II INFORMATION EXCHANGE 1. The Parties to the Convention recognize that the collection and sharing of info rmati on is an impo rtant means of impl em entin g the o bjectives of this Convention and of assuring that any actions that may be taken are appropriate and equitable. Therefore, Parties shall exchange scientific, technical, socio-economic, business, commercial and legal information. 2. The Parties to the Convention, in deciding what information is to be collected and exchanged, should take into account the usefulness of the information and the costs of obtaining it. The Parties further recognize that cooperation under this Annex has to be consistent with national laws, regulations and practices regarding patents, trade secrets, and protection of confidential and proprietary information. 3. Scientific information This includes information on: (
a)planned and ongoing research, both governmental and private, to facilitate the coordination of research programmes so as to make the most effective use of available national and international resources; (
b)the emission data needed for research; (
c)scientific results published in peer-reviewed literature on the understanding of the physics and chemistry of the Earth's atmosphere and of its susceptibility to change, in particular on the state of the ozone layer and effects on human health, environment and climate which would result from changes on all time-scales in either the total column content or the vertical distribution of ozone; (
d)the assessment of research results and the recommendations for future research. 4. Technical information This includes information on: (
a)the availability and cost of chemical substitutes and of alternative technologies to reduce the emissions of ozone-modifying substances and related planned and ongoing research; (
b)the limitations and any risks involved in using chemical or other substitutes and alternative technologies. 5. Socio-economic and commercial information on the substances referred to in Annex This includes information on: (
a)production and production capacity; (
b)use and use patterns; (
c)imports/exports; (
d)the costs, risks and benefits of human activities which may indirectly modify the ozone layer and of the impacts of regulatory actions taken or being considered to control these activities. 6. Legal information: 16 [ S.L.549.16 VIENNA CONVENTION FOR THE PROTECTION OF THE OZONE LAYER AND THE MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE LAYER (INCORPORATION) This includes information on: (
a)national laws, administrative measures and legal research relevant to the protection of the ozone layer; (
b)international agreements, including bilateral agreements, relevant to the protection of the ozone layer; (
c)methods and terms of licensing and availability of patents relevant to the protection of the ozone layer. Substituted by: L.N. 249 of 2025. SECOND SCHEDULE MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE LAYER 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, considering 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, considering 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, N o t in g t he p r e c a ut i on a r y m e a s u re s f o r c on t ro l li n g e m i s s i on s of c e r t a i n 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, VIENNA CONVENTION FOR THE PROTECTION OF THE OZONE LAYER AND THE MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE LAYER (INCORPORATION) [ S.L.549.16 17 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, Annex E or Annex F 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. Any Party may, for one

(1)or more control periods, transfer to another Party any portion of its calculated level of production set out in Articles 2A to 2F, Articles 2H and 2J, 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. 1 bis. Any Party not operating under paragraph 1 of Article 5 may, for one

(1)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 zero point two five (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.

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, 18 [ S.L.549.16 VIENNA CONVENTION FOR THE PROTECTION OF THE OZONE LAYER AND THE MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE LAYER (INCORPORATION) 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 zero point five (0.5) kilograms per capita.
Any transfer of production pursuant to paragraph 1 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.
(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 2J provided that their total combined calculated level of consumption does not exceed the levels required by this Article and Articles 2A to 2J. Any such agreement may be extended to include obligations respecting consumption or production under Article 2J provided that the total combined calculated level of consumption or production of the Parties concerned does not exceed the levels required by Article 2J. (

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. 5. (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; (
ii)adjustments to the global warming potentials specified in Group I of Annex A, Annex C and Annex F should be made and, if so, what the adjustments should be; and (iii) 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

(6)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 (⅔) 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

(6)months from the date of VIENNA CONVENTION FOR THE PROTECTION OF THE OZONE LAYER AND THE MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE LAYER (INCORPORATION) [ S.L.549.16 19 the circulation of the communication by the Depositary. 6. 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: (

a)any substances, and if so which, should be added to or removed from any annex to this Protocol; and (
b)the mechanism, scope and timing of the control measures that should apply to those substances. 7. Notwithstanding the provisions contained in this Article and Articles 2A to 2J Parties may take more stringent measures than those required by this Article and Articles 2A to 2J. Article 2A CFCs 1. Each Party shall ensure that for the twelve

(12)month period commencing on the first (1st) day of the seventh (7th) month following the date of entry into force of this Protocol, and in each twelve

(12)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

(1)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 (10%) 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 one hundred and fifty percent (150%) of its calculated levels of production and consumption of those substances in 1986; with effect from 1 January 1993, the twelve

(12)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

(12)month period commencing on 1 January 1994, and in each twelve

(12)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 (25%) of its calculated level of consumption in 1986. Each Party producing one

(1)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 (25%) of its calculated level of production in

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 (10%) of its calculated level of production in
Each Party shall ensure that for the twelve

(12)month period commencing on 1 January 1996, and in each twelve

(12)month period thereafter, its calculated level of consumption of the controlled substances in Group I of Annex A does not exceed zero

(0). Each Party producing one

(1)or more of these substances shall, for the same periods, ensure that its calculated level of production of the substances does not exceed zero

(0). 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 20 [ S.L.549.16 VIENNA CONVENTION FOR THE PROTECTION OF THE OZONE LAYER AND THE MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE LAYER (INCORPORATION) 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

(12)month period commencing on 1 January 2003 and in each twelve

(12)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 (80%) 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

(12)month period commencing on 1 January 2005 and in each twelve

(12)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 (50%) 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

(12)month period commencing on 1 January 2007 and in each twelve

(12)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 (15%) 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

(12)month period commencing on 1 January 2010 and in each twelve

(0).

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 1 of Article 2 and excludes any production entitlements that it has acquired in accordance with paragraph 1 of Article
Article 2B Halons
Each Party shall ensure that for the twelve

(12)month period commencing on 1 January 1992, and in each twelve

(12)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

(1)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

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 (10%) of its calculated level of production in
Each Party shall ensure that for the twelve

(12)month period commencing on 1 January 1994, and in each twelve

(12)month period thereafter, its calculated level of consumption of the controlled substances in Group II of Annex A does not exceed zero

(0). Each Party producing one

(1)or more of these substances shall, for the same periods, ensure that its calculated level of production of the substances VIENNA CONVENTION FOR THE PROTECTION OF THE OZONE LAYER AND THE MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE LAYER (INCORPORATION) [ S.L.549.16 21 does not exceed zero

(0). 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 (15%) 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

(12)month period commencing on 1 January 2005 and in each twelve

(12)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 (50%) 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

(12)month period commencing on 1 January 2010 and in each twelve

(0). Article 2C Other fully halogenated CFCs 1. Each Party shall ensure that for the twelve

(12)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 (80%) of its calculated level of consumption in 1989. Each Party producing one

(1)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 (80%) of its calculated level of production in

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 (10%) of its calculated level of production in
Each Party shall ensure that for the twelve

(12)month period commencing on 1 January 1994, and in each twelve

(12)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 (25%) of its calculated level of consumption in 1989. Each Party producing one

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 (10%) of its calculated level of production in
Each Party shall ensure that for the twelve

(12)month period commencing on 1 January 1996, and in each twelve

(12)month period thereafter, its calculated level of consumption of the controlled substances in Group I of Annex B does not exceed zero

(0). Each Party producing one

(0)or more of these substances shall, for the same periods, ensure that its calculated level of production of the substances does not exceed zero

(0). However, in order to satisfy the basic domestic needs of the Parties operating under paragraph 1 of Article 5, its calculated level of 22 [ S.L.549.16 VIENNA CONVENTION FOR THE PROTECTION OF THE OZONE LAYER AND THE MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE LAYER (INCORPORATION) production may, until 1 January 2003 exceed that limit by up to fifteen per cent (15%) of its calculated level of production in 1989; thereafter, it may exceed that limit by a quantity equal to eighty per cent (80%) 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

(12)month period commencing on 1 January 2007 and in each twelve

(12)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 (15%) 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

(12)month period commencing on 1 January 2010 and in each twelve

(0). Article 2D Carbon tetrachloride 1. Each Party shall ensure that for the twelve

(12)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 (15%) of its calculated level of consumption in

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 (15%) of its calculated level of production in
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 (10%) of its calculated level of production in
Each Party shall ensure that for the twelve

(12)month period commencing on 1 January 1996, and in each twelve

(12)month period thereafter, its calculated level of consumption of the controlled substance in Group II of Annex B does not exceed zero

(0). Each Party producing the substance shall, for the same periods, ensure that its calculated level of production of the substance does not exceed zero

(0). 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 (15%) of its calculated level of production in

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)
Each Party shall ensure that for the twelve

(12)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

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
However, in order to satisfy the basic VIENNA CONVENTION FOR THE PROTECTION OF THE OZONE LAYER AND THE MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE LAYER (INCORPORATION) [ S.L.549.16 23 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 (10%) of its calculated level of production in
Each Party shall ensure that for the twelve

(12)month period commencing on 1 January 1994, and in each twelve

(12)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 (50%) of its calculated level of consumption in

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 (50%) of its calculated level of production in
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 (10%) of its calculated level of production in
Each Party shall ensure that for the twelve

(12)month period commencing on 1 January 1996, and in each twelve

(12)month period thereafter, its calculated level of consumption of the controlled substance in Group III of Annex B does not exceed zero

(0). Each Party producing the substance shall, for the same periods, ensure that its calculated level of production of the substance 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. Article 2F Hydrochlorofluorocarbons
Each Party shall ensure that for the twelve

(12)month period commencing on 1 January 1996, and in each twelve

(12)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: a. two point eight per cent (2.8%) of its calculated level of consumption in 1989 of the controlled substances in Group I of Annex A; and b. its calculated level of consumption in 1989 of the controlled substances in Group I of Annex C. 2. Each Party producing one

(1)or more of these substances shall ensure that for the twelve

(12)month period commencing on 1 January 2004, and in each twelve

(12)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: a. 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 (2.8%) of its calculated level of consumption in 1989 of the controlled substances in Group I of Annex A; and b. 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 (2.8%) 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 (15%) of its calculated level of production of the controlled [ S.L.549.16 24 VIENNA CONVENTION FOR THE PROTECTION OF THE OZONE LAYER AND THE MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE LAYER (INCORPORATION) substances in Group I of Annex C as defined above. 3. Each Party shall ensure that for the twelve

(12)month period commencing on 1 January 2004, and in each twelve

(12)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 (65%) of the sum referred to in paragraph 1 of this Article. 4. Each Party shall ensure that for the twelve

(12)month period commencing on 1 January 2010, and in each twelve

(12)month period thereafter, its calculated level of consumption of the controlled substances in Group I of Annex C does not exceed, annually, twenty-five per cent (25%) of the sum referred to in paragraph 1 of this Article. Each Party producing one

(1)or more of these substances shall, for the same periods, ensure that its calculated level of production of the controlled substances in Group I of Annex C does not exceed, annually, twenty-five per cent (25%) of the calculated level referred to in paragraph 2 of this Article. 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 (10%) of its calculated level of production of the controlled substances in Group I of Annex C as referred to in paragraph 2. 5. Each Party shall ensure that for the twelve

(12)month period commencing on 1 January 2015, and in each twelve

(12)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 (10%) of the sum referred to in paragraph 1 of this Article. Each Party producing one

(1)or more of these substances shall, for the same periods, ensure that its calculated level of production of the controlled substances in Group I of Annex C does not exceed, annually, ten per cent (10%) of the calculated level referred to in paragraph 2 of this Article. 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 (10%) of its calculated level of production of the controlled substances in Group I of Annex C as referred to in paragraph 2. 6. Each Party shall ensure that for the twelve

(12)month period commencing on 1 January 2020, and in each twelve

(12)month period thereafter, its calculated level of consumption of the controlled substances in Group I of Annex C does not exceed zero

(0). Each Party producing one

(1)or more of these substances shall, for the same periods, ensure that its calculated level of production of the controlled substances in Group I of Annex C does not exceed zero

(0). 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. However: a. each Party may exceed that limit on consumption by up to zero point five per cent (0.5%) of the sum referred to in paragraph 1 of this Article in any such twelve

(12)month period ending before 1 January 2030, provided that such consumption shall be restricted to: i. the servicing of refrigeration and air-conditioning equipment existing on 1 January 2020; ii. the servicing of fire suppression and fire protection equipment existing on 1 January 2020; iii. solvent applications in rocket engine manufacturing; and iv. topical medical aerosol applications for the specialised treatment of VIENNA CONVENTION FOR THE PROTECTION OF THE OZONE LAYER AND THE MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE LAYER (INCORPORATION) [ S.L.549.16 25 burns; b. each Party may exceed that limit on production by up to zero point five per cent (0.5%) of the average referred to in paragraph 2 of this Article in any such twelve

(12)month period ending before 1 January 2030, provided that such production shall be restricted to: i. the servicing of refrigeration and air-conditioning equipment existing on 1 January 2020; ii. the servicing of fire suppression and fire protection equipment existing on 1 January 2020; iii. solvent applications in rocket engine manufacturing; and iv. 7. topical medical aerosol applications for the specialised treatment of burns. As of 1 January 1996, each Party shall endeavour to ensure that: a. 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; b. 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 c. 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. Article 2G Hydrobromofluorocarbons Each Party shall ensure that for the twelve

(12)month period commencing on 1 January 1996, and in each twelve

(12)month period thereafter, its calculated level of consumption of the controlled substances in Group II of Annex C does not exceed zero

(0). Each Party producing the substances shall, for the same periods, ensure that its calculated level of production of the substances does not exceed zero

(0). 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 2H Methyl bromide 1. Each Party shall ensure that for the twelve

(12)month period commencing on 1 January 1995, and in each twelve

(12)month period thereafter, its calculated level of consumption of the controlled substance in Annex E does not exceed, annually, its calculated level of consumption in

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
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 (10%) of its calculated level of production in
Each Party shall ensure that for the twelve

(12)month period commencing on 1 January 1999, and in the twelve

(12)month period thereafter, its calculated level of consumption of the controlled substance in Annex E does not exceed, 26 [ S.L.549.16 VIENNA CONVENTION FOR THE PROTECTION OF THE OZONE LAYER AND THE MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE LAYER (INCORPORATION) annually, seventy-five per cent (75%) of its calculated level of consumption in

Each Party producing the substance shall, for the same periods, ensure that its calculated level of production of the substance does not exceed, annually, seventyfive per cent (75%) of its calculated level of production in
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 (10%) of its calculated level of production in
Each Party shall ensure that for the twelve

(12)month period commencing on 1 January 2001, and in the twelve

(12)month period thereafter, its calculated level of consumption of the controlled substance in Annex E does not exceed, annually, fifty per cent (50%) of its calculated level of consumption in

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 (50%) of its calculated level of production in
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 (10%) of its calculated level of production in
Each Party shall ensure that for the twelve

(12)month period commencing on 1 January 2003, and in the twelve

(12)month period thereafter, its calculated level of consumption of the controlled substance in Annex E does not exceed, annually, thirty per cent (30%) of its calculated level of consumption in

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 (30%) of its calculated level of production in
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 (10%) of its calculated level of production in
Each Party shall ensure that for the twelve

(12)month period commencing on 1 January 2005, and in each twelve

(12)month period thereafter, its calculated level of consumption of the controlled substance in Annex E does not exceed zero

(0). Each Party producing the substance shall, for the same periods, ensure that its calculated level of production of the substance does not exceed zero

(0). 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 (15%) of its calculated level of production in 1991; thereafter, it may exceed that limit by a quantity equal to the annual average of its production of the controlled substance in Annex E for basic domestic needs for the period 1995 to 1998 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 critical uses. 5 bis. Each Party shall ensure that for the twelve

(12)month period commencing on 1 January 2005 and in each twelve

(12)month period thereafter, its calculated level of production of the controlled substance in Annex E for the basic domestic needs of the Parties operating under paragraph 1 of Article 5 does not exceed eighty per cent (80%) of the annual average of its production of the substance for basic domestic needs for the period 1995 to 1998 inclusive. 5 ter. Each Party shall ensure that for the twelve

(12)month period commencing on 1 January 2015 and in each twelve

(12)month period thereafter, its calculated level of production of the controlled substance in Annex E for the basic domestic needs of the Parties operating under paragraph 1 of Article 5 does not exceed zero VIENNA CONVENTION FOR THE PROTECTION OF THE OZONE LAYER AND THE MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE LAYER (INCORPORATION) [ S.L.549.16 27

(0). 6. The calculated levels of consumption and production under this Article shall not include the amounts used by the Party for quarantine and pre-shipment applications. Article 2I Bromochloromethane Each Party shall ensure that for the twelve

(12)month period commencing on 1 January 2002, and in each twelve

(12)month period thereafter, its calculated level of consumption and production of the controlled substance in Group III of Annex C does not exceed zero

(0). 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 2J Hydrofluorocarbons 1. Each Party shall ensure that for the twelve

(12)month period commencing on 1 January 2019, and in each twelve

(12)month period thereafter, its calculated level of consumption of the controlled substances in Annex F, expressed in CO2 equivalents, does not exceed the percentage, set out for the respective range of years specified in sub-paragraphs (

a)to (
e)below, of the annual average of its calculated levels of consumption of Annex F controlled substances for the years 2011, 2012 and 2013, plus fifteen per cent (15%) of its calculated level of consumption of Annex C, Group I, controlled substances as set out in paragraph 1 of Article 2F, expressed in CO2 equivalents: (
a)2019 to 2023: 90 per cent (90%); (
b)2024 to 2028: 60 per cent (60%); (
c)2029 to 2033: 30 per cent (30%); (
d)2034 to 2035: 20 per cent (20%); (
e)2036 and thereafter: 15 per cent (15%). 2. Notwithstanding paragraph 1 of this Article, the Parties may decide that a Party shall ensure that, for the twelve

(12)month period commencing on 1 January 2020, and in each twelve

a)to (
e)below, of the annual average of its calculated levels of consumption of Annex F controlled substances for the years 2011, 2012 and 2013, plus twenty-five per cent (25%) of its calculated level of consumption of Annex C, Group I, controlled substances as set out in paragraph 1 of Article 2F, expressed in CO2 equivalents: (
a)2020 to 2024: 95 per cent (95%); (
b)2025 to 2028: 65 per cent (65%); (
c)2029 to 2033: 30 per cent (30%); (
d)2034 to 2035: 20 per cent (20%); (
e)2036 and thereafter: 15 per cent (15%). 3. Each Party producing the controlled substances in Annex F shall ensure that for the twelve

(12)month period commencing on 1 January 2019, and in each twelve

(12)month period thereafter, its calculated level of production of the controlled [ S.L.549.16 28 VIENNA CONVENTION FOR THE PROTECTION OF THE OZONE LAYER AND THE MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE LAYER (INCORPORATION) substances in Annex F, expressed in CO2 equivalents, does not exceed the percentage, set out for the respective range of years specified in sub-paragraphs (

a)to (
e)below, of the annual average of its calculated levels of production of Annex F controlled substances for the years 2011, 2012 and 2013, plus fifteen per cent (15%) of its calculated level of production of Annex C, Group I, controlled substances as set out in paragraph 2 of Article 2F, expressed in CO2 equivalents: (
a)2019 to 2023: 90 per cent (90%); (
b)2024 to 2028: 60 per cent (60%); (
c)2029 to 2033: 30 per cent (30%); (
d)2034 to 2035: 20 per cent (20%); (
e)2036 and thereafter: 15 per cent (15%). 4. Notwithstanding paragraph 3 of this Article, the Parties may decide that a Party producing the controlled substances in Annex F shall ensure that for the twelve

(12)month period commencing on 1 January 2020, and in each twelve

(12)month period thereafter, its calculated level of production of the controlled substances in Annex F, expressed in CO2 equivalents, does not exceed the percentage, set out for the respective range of years specified in sub-paragraphs (

a)to (
e)below, of the annual average of its calculated levels of production of Annex F controlled substances for the years 2011, 2012 and 2013, plus twenty-five per cent (25%) of its calculated level of production of Annex C, Group I, controlled substances as set out in paragraph 2 of Article 2F, expressed in CO2 equivalents: (
a)2020 to 2024: 95 per cent (95%); (
b)2025 to 2028: 65 per cent (65%); (
c)2029 to 2033: 30 per cent (30%); (
d)2034 to 2035: 20 per cent (20%); (
e)2036 and thereafter: 15 per cent (15%). 5. Paragraphs 1 to 4 of this Article 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 the Parties to be exempted uses. 6. Each Party manufacturing Annex C, Group I, or Annex F substances shall ensure that for the twelve

(12)month period commencing on 1 January 2020, and in each twelve

(12)month period thereafter, its emissions of Annex F, Group II, substances generated in each production facility that manufactures Annex C, Group I, or Annex F substances are destroyed to the extent practicable using technology approved by the Parties in the same twelve

(12)month period. 7. Each Party shall ensure that any destruction of Annex F, Group II, substances generated by facilities that produce Annex C, Group I, or Annex F substances shall occur only by technologies approved by the Parties. Article 3 Calculation of control levels 1. For the purposes of Articles 2, 2A to 2J and 5, each Party shall, for each group of substances in Annex A, Annex B, Annex C, Annex E or Annex F, determine its calculated levels of: (

a)production by: (
i)multiplying its annual production of each controlled substance by the VIENNA CONVENTION FOR THE PROTECTION OF THE OZONE LAYER AND THE MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE LAYER (INCORPORATION) [ S.L.549.16 29 ozone depleting potential specified in respect of it in Annex A, Annex B, Annex C or Annex E, except as otherwise specified in paragraph 2; (
ii)adding together, for each such Group, the resulting figures; (
b)imports and exports, respectively, by following, mutatis mutandis, the procedure set out in sub-paragraph (a); and (
c)consumption by adding together its calculated levels of production and imports and subtracting its calculated level of exports as determined in accordance with sub-paragraphs (
a)and (b). However, beginning on 1 January 1993, any export of controlled substances to non-Parties shall not be subtracted in calculating the consumption level of the exporting Party; and (
d)emissions of Annex F, Group II, substances generated in each facility that generates Annex C, Group I, or Annex F substances by including, among other things, amounts emitted from equipment leaks, process vents and destruction devices, but excluding amounts captured for use, destruction, or storage. 2. When calculating levels, expressed in CO2 equivalents, of production, consumption, imports, exports and emissions of Annex F and Annex C, Group I, substances for the purposes of Article 2J, paragraph 1 of Article 2 and paragraph 1 (
d)of Article 3, each Party shall use the global warming potentials of those substances specified in Group I of Annex A, Annex C and Annex F. Article 4 Control of trade with non-Parties 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

(1)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. 1 ter. Within one

(1)year of the date of entry into force of this paragraph, each Party shall ban the import of any controlled substances in Group II of Annex C from any State not party to this Protocol. 1 qua. Within one

(1)year of the date of entry into force of this paragraph, each Party shall ban the import of the controlled substance in Annex E from any State not party to this Protocol. 1 quin. As of 1 January 2004, each Party shall ban the import of the controlled substances in Group I of Annex C from any State not party to this Protocol. 1 sex. Within one

(1)year of the date of entry into force of this paragraph, each Party shall ban the import of the controlled substance in Group III of Annex C from any State not party to this Protocol. 1 sept. Upon entry into force of this paragraph, each Party shall ban the import of the controlled substances in Annex F 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

(1)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. 2 ter. Commencing one

(1)year after the date of entry into force of this paragraph, each Party shall ban the export of any controlled substances in Group II 30 [ S.L.549.16 VIENNA CONVENTION FOR THE PROTECTION OF THE OZONE LAYER AND THE MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE LAYER (INCORPORATION) of Annex C to any State not party to this Protocol. 2 qua. Commencing one

(1)year of the date of entry into force of this paragraph, each Party shall ban the export of the controlled substance in Annex E to any State not party to this Protocol. 2 quin. As of 1 January 2004, each Party shall ban the export of the controlled substances in Group I of Annex C to any State not party to this Protocol. 2 sex. Within one

(1)year of the date of entry into force of this paragraph, each Party shall ban the export of the controlled substance in Group III of Annex C to any State not party to this Protocol. 2 sept. Upon entry into force of this paragraph, each Party shall ban the export of the controlled substances in Annex F 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

(1)year of the annex having become effective, the import of those products from any State not party to this Protocol. 3 bis. Within three

(3)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

(1)year of the annex having become effective, the import of those products from any State not party to this Protocol. 3 ter. Within three

(3)years of the date of 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 Group II of Annex C. Parties that have not objected to the annex in accordance with those procedures shall ban, within one

(1)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 or restrict, within one

(1)year of the annex having become effective, the import of those products from any State not party to this Protocol. 4 bis. Within five

(5)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

(1)year of the annex having become effective, the import of those products from any State not party to this Protocol. 4 ter. Within five

(5)years of the date of 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 Group II of Annex C. If determined feasible, the Parties shall, VIENNA CONVENTION FOR THE PROTECTION OF THE OZONE LAYER AND THE MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE LAYER (INCORPORATION) [ S.L.549.16 31 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

(1)year of the annex having become effective, the import of those products from any State not party to this Protocol.

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 in Annexes A, B, C, E and F.
Each Party shall refrain from providing new subsidies, aid, credits, guarantees or insurance programmes for the export to States not party to this Protocol of products, equipment, plants, or technology that would facilitate the production of controlled substances in Annexes A, B, C, E and F.
Paragraphs 5 and 6 shall not apply to products, equipment, plants, or technology that improve the containment, recovery, recycling, or destruction of controlled substances, promote the development of alternative substances, or otherwise contribute to the reduction of emissions of controlled substances in Annexes A, B, C, E and F.
Notwithstanding the provisions of this Article, imports and exports referred to in paragraphs 1 to 4 ter of this Article 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 2J and this Article, and have submitted data to that effect as specified in Article
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.
By 1 January 1996, the Parties shall consider whether to amend this Protocol in order to extend the measures in this Article to trade in controlled substances in Group I of Annex C and in Annex E with States not party to the Protocol. Article 4A Control of trade with Parties
Where, after the phase-out date applicable to it for a controlled substance, a Party is unable, despite having taken all practicable steps to comply with its obligation under the Protocol, to cease production of that substance for domestic consumption, other than for uses agreed by the Parties to be essential, it shall ban the export of used, recycled, and reclaimed quantities of that substance, other than for the purpose of destruction.
Paragraph 1 of this Article shall apply without prejudice to the operation of Article 11 of the Convention and the non-compliance procedure developed under Article 8 of the Protocol. Article 4B Licensing
Each Party shall, by 1 January 2000 or within three

(3)months of the date of entry into force of this Article for it, whichever is the later, establish and implement a system for licensing the import and export of new, used, recycled, and reclaimed controlled substances in Annexes A, B, C and E. 2. Notwithstanding paragraph 1 of this Article, any Party operating under paragraph 1 of Article 5 which decides it is not in a position to establish and 32 [ S.L.549.16 VIENNA CONVENTION FOR THE PROTECTION OF THE OZONE LAYER AND THE MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE LAYER (INCORPORATION) implement a system for licensing the import and export of controlled substances in Annexes C and E, may delay taking those actions until 1 January 2005 and 1 January 2002, respectively. 2 bis. Each Party shall, by 1 January 2019 or within three

(3)months of the date of entry into force of this paragraph for it, whichever is later, establish and implement a system for licensing the import and export of new, used, recycled, and reclaimed controlled substances in Annex F. Any Party operating under paragraph 1 of Article 5 that decides it is not in a position to establish and implement such a system by 1 January 2019 may delay taking those actions until 1 January 2021. 3. Each Party shall, within three

(3)months of the date of introducing its licensing system, report to the Secretariat on the establishment and operation of that system.

The Secretariat shall periodically prepare and circulate to all Parties a list of the Parties that have reported to it on their licensing systems and shall forward this information to the Implementation Committee for consideration and appropriate recommendations to the Parties. Article 5 Special situation of developing countries
Any Party that is a developing country and whose annual calculated level of consumption of the controlled substances in Annex A is less than zero point three (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

(10)years its compliance with the control measures set out in Articles 2A to 2E, provided that any further amendments to the adjustments or Amendment adopted at the Second Meeting of the Parties in London, 29 June 1990, shall apply to the Parties operating under this paragraph after the review provided for in paragraph 8 of this Article has taken place and shall be based on the conclusions of that review. 1 bis. The Parties shall, considering the review referred to in paragraph 8 of this Article, the assessments made pursuant to Article 6 and any other relevant information, decide by 1 January 1996, through the procedure set forth in paragraph 5 of Article 2: (

a)with respect to paragraphs 1 to 6 of Article 2F, what base year, initial levels, control schedules and phase-out date for consumption of the controlled substances in Group I of Annex C will apply to Parties operating under paragraph 1 of this Article; (
b)with respect to Article 2G, what phase-out date for production and consumption of the controlled substances in Group II of Annex C will apply to Parties operating under paragraph 1 of this Article; and (
c)with respect to Article 2H, what base year, initial levels and control schedules for consumption and production of the controlled substance in Annex E will apply to Parties operating under paragraph 1 of this Article. 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 zero point three (0.3) kilograms per capita nor an annual calculated level of consumption of controlled substances of Annex B of zero point two (0.2) kilograms per capita. VIENNA CONVENTION FOR THE PROTECTION OF THE OZONE LAYER AND THE MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE LAYER (INCORPORATION) [ S.L.549.16 33 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 zero point three (0.3) kilograms per capita, whichever is the lower, as the basis for determining its compliance with the control measures relating to consumption. (
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 zero point two (0.2) kilograms per capita, whichever is the lower, as the basis for determining its compliance with the control measures relating to consumption. (
c)for controlled substances under Annex A, either the average of its annual calculated level of production for the period 1995 to 1997 inclusive or a calculated level of production of zero point three (0.3) kilograms per capita, whichever is the lower, as the basis for determining its compliance with the control measures relating to production. (
d)for controlled substances under Annex B, either the average of its annual calculated level of production for the period 1998 to 2000 inclusive or a calculated level of production of zero point two (0.2) kilograms per capita, whichever is the lower, as the basis for determining its compliance with the control measures relating to production. 4 If a Party operating under paragraph 1 of this Article, at any time before the control measures obligations in Articles 2A to 2J become applicable to it, finds itself unable to obtain an adequate supply of controlled substances, it may notify this to the Secretariat. The Secretariat shall forthwith transmit a copy of such notification to the Parties, which shall consider the matter at their next Meeting, and decide upon appropriate action to be taken. 5. Developing the capacity to fulfil the obligations of the Parties operating under paragraph 1 of this Article to comply with the control measures set out in Articles 2A to 2E and Articles 2I and 2J, and with any control measures in Articles 2F to 2H that are decided pursuant to paragraph 1 bis of this Article, and their implementation by those same Parties will depend upon the effective implementation of the financial co-operation as provided by Article 10 and the transfer of technology as provided by Article 10A. 6. Any Party operating under paragraph 1 of this Article may, at any time, notify the Secretariat in writing that, having taken all practicable steps it is unable to implement any or all of the obligations laid down in Articles 2A to 2E and Articles 2I and 2J, or any or all obligations in Articles 2F to 2H that are decided pursuant to paragraph 1 bis of this Article, due to the inadequate implementation of Articles 10 and 10A. The Secretariat shall forthwith transmit a copy of the notification to the Parties, which shall consider the matter at their next Meeting, giving due recognition to paragraph 5 of this Article and shall decide upon appropriate action to be taken. 7. During the period between notification and the Meeting of the Parties at which the appropriate action referred to in paragraph 6 above is to be decided, or for a further period if the Meeting of the Parties so decides, the non-compliance procedures referred to in Article 8 shall not be invoked against the notifying Party. 34 [ S.L.549.16 VIENNA CONVENTION FOR THE PROTECTION OF THE OZONE LAYER AND THE MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE LAYER (INCORPORATION) 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. 8 bis. Based on the conclusions of the review referred to in paragraph 8 above: (
a)with respect to the controlled substances in Annex A, a Party operating under paragraph 1 of this Article shall, in order to meet its basic domestic needs, be entitled to delay for ten

(10)years its compliance with the control measures adopted by the Second Meeting of the Parties in London, 29 June 1990, and reference by the Protocol to Articles 2A and 2B shall be read accordingly; (b) with respect to the controlled substances in Annex B, a Party operating under paragraph 1 of this Article shall, in order to meet its basic domestic needs, be entitled to delay for ten

(10)years its compliance with the control measures adopted by the Second Meeting of the Parties in London, 29 June 1990, and reference by the Protocol to Articles 2C to 2E shall be read accordingly. 8 ter. Pursuant to paragraph 1 bis above: (a) each Party operating under paragraph 1 of this Article shall ensure that for the twelve

(12)month period commencing on 1 January 2013, and in each twelve

(12)month period thereafter, its calculated level of consumption of the controlled substances in Group I of Annex C does not exceed, annually, the average of its calculated levels of consumption in 2009 and 2010. Each Party operating under paragraph 1 of this Article shall ensure that for the twelve

(12)month period commencing on 1 January 2013 and in each twelve

(12)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 its calculated levels of production in 2009 and 2010; (b) each Party operating under paragraph 1 of this Article shall ensure that for the twelve

(12)month period commencing on 1 January 2015, and in each twelve

(12)month period thereafter, its calculated level of consumption of the controlled substances in Group I of Annex C does not exceed, annually, ninety per cent (90%) of the average of its calculated levels of consumption in 2009 and 2010. Each such Party producing one

(1)or more of these substances shall, for the same periods, ensure that its calculated level of production of the controlled substances in Group I of Annex C does not exceed, annually, ninety per cent (90%) of the average of its calculated levels of production in 2009 and 2010; (c) each Party operating under paragraph 1 of this Article shall ensure that for the twelve

(12)month period commencing on 1 January 2020, and in each twelve

(12)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 (65%) of the average of its calculated levels of consumption in 2009 and 2010. Each such Party producing one

(1)or more of these substances shall, for the same periods, ensure that its calculated level of production of the controlled substances in Group I of Annex C does not exceed, annually, sixty-five VIENNA CONVENTION FOR THE PROTECTION OF THE OZONE LAYER AND THE MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE LAYER (INCORPORATION) [ S.L.549.16 35 per cent (65%) of the average of its calculated levels of production in 2009 and 2010; (d) each Party operating under paragraph 1 of this Article shall ensure that for the twelve

(12)month period commencing on 1 January 2025, and in each twelve

(12)month period thereafter, its calculated level of consumption of the controlled substances in Group I of Annex C does not exceed, annually, thirty-two point five per cent (32.5%) of the average of its calculated levels of consumption in 2009 and 2010. Each such Party producing one

(1)or more of these substances shall, for the same periods, ensure that its calculated level of production of the controlled substances in Group I of Annex C does not exceed, annually, thirty-two point five per cent (32.5%) of the average of its calculated levels of production in 2009 and 2010; (e) each Party operating under paragraph 1 of this Article shall ensure that for the twelve

(12)month period commencing on 1 January 2030, and in each twelve

(12)month period thereafter, its calculated level of consumption of the controlled substances in Group I of Annex C does not exceed zero

(0). Each such Party producing one

(1)or more of these substances shall, for the same periods, ensure that its calculated level of production of the controlled substances in Group I of Annex C does not exceed zero

(0). 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. However: (i) each such Party may exceed that limit on consumption in any such twelve

(12)month period so long as the sum of its calculated levels of consumption over the ten

(10)year period from 1 January 2030 to 1 January 2040, divided by ten

(10), does not exceed two point five per cent (2.5%) of the average of its calculated levels of consumption in 2009 and 2010, and provided that such consumption shall be restricted to: a. the servicing of refrigeration and air conditioning equipment existing on 1 January 2030; b. the servicing of fire suppression and fire protection equipment existing on 1 January 2030; c. solvent applications in rocket engine manufacturing; and d. topical medical aerosol applications for the specialized treatment of burns; (ii) each such Party may exceed that limit on production in any such twelve

(12)month period so long as the sum of its calculated levels of production over the ten

(10)year period from 1 January 2030 to 1 January 2040, divided by ten

(10), does not exceed two point five per cent (2.5%) of the average of its calculated levels of production in 2009 and 2010, and provided that such production shall be restricted to: a. the servicing of refrigeration and air conditioning equipment existing on 1 January 2030; b. the servicing of fire suppression and fire protection equipment existing on 1 January 2030; c. solvent applications in rocket engine manufacturing; and d. topical medical aerosol applications for the specialized treatment of burns; [ S.L.549.16 36 (

f)VIENNA CONVENTION FOR THE PROTECTION OF THE OZONE LAYER AND THE MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE LAYER (INCORPORATION) each Party operating under paragraph 1 of this Article shall comply with Article 2G; (
g)with regard to the controlled substance contained in Annex E: (
i)as of 1 January 2002, each Party operating under paragraph 1 of this Article shall comply with the control measures set out in paragraph 1 of Article 2H and, as the basis for its compliance with these control measures, it shall use the average of its annual calculated level of consumption and production, respectively, for the period of 1995 to 1998 inclusive; (
ii)each Party operating under paragraph 1 of this Article shall ensure that for the twelve

(12)month period commencing on 1 January 2005, and in each twelve

(12)month period thereafter, its calculated levels of consumption and production of the controlled substance in Annex E do not exceed, annually, eighty per cent (80%) of the average of its annual calculated levels of consumption and production, respectively, for the period of 1995 to 1998 inclusive; (iii) each Party operating under paragraph 1 of this Article shall ensure that for the twelve

(12)month period commencing on 1 January 2015 and in each twelve

(12)month period thereafter, its calculated levels of consumption and production of the controlled substance in Annex E do not exceed zero

(0). This paragraph will apply save to the extent that the Parties decide to permit the level of production or consumption that is necessary to satisfy uses agreed by them to be critical uses; (

iv)the calculated levels of consumption and production under this subparagraph shall not include the amounts used by the Party for quarantine and preshipment applications. 8 qua (
a)Each Party operating under paragraph 1 of this Article, subject to any adjustments made to the control measures in Article 2J in accordance with paragraph 5 of Article 2, shall be entitled to delay its compliance with the control measures set out in sub-paragraphs (
a)to (
e)of paragraph 1 of Article 2J and sub-paragraphs (
a)to (
e)of paragraph 3 of Article 2J and modify those measures as follows: (
i)2024 to 2028: 100 per cent (100%); (
ii)2029 to 2034: 90 per cent (90%); (iii) 2035 to 2039: 70 per cent (70%); (
iv)2040 to 2044: 50 per cent (50%); (
v)2045 and thereafter: 20 per cent (20%). (
b)Notwithstanding sub-paragraph (
a)above, the Parties may decide that a Party operating under paragraph 1 of this Article, subject to any adjustments made to the control measures in Article 2J in accordance with paragraph 5 of Article 2, shall be entitled to delay its compliance with the control measures set out in subparagraphs (
a)to (
e)of paragraph 1 of Article 2J and sub-paragraphs (
a)to (
e)of paragraph 3 of Article 2J and modify those measures as follows: (
i)2028 to 2031: 100 per cent (100%); (
ii)2032 to 2036: 90 per cent (90%); (iii) 2037 to 2041: 80 per cent (80%); (
iv)2042 to 2046: 70 per cent (70%); (
v)2047 and thereafter: 15 per cent (15%). VIENNA CONVENTION FOR THE PROTECTION OF THE OZONE LAYER AND THE MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE LAYER (INCORPORATION) [ S.L.549.16 37 (
c)Each Party operating under paragraph 1 of this Article, for the purposes of calculating its consumption baseline under Article 2J, shall be entitled to use the average of its calculated levels of consumption of Annex F controlled substances for the years 2020, 2021 and 2022, plus sixty-five per cent (65%) of its baseline consumption of Annex C, Group I, controlled substances as set out in paragraph 8 ter of this Article. (
d)Notwithstanding sub-paragraph (
c)above, the Parties may decide that a Party operating under paragraph 1 of this Article, for the purposes of calculating its consumption baseline under Article 2J, shall be entitled to use the average of its calculated levels of consumption of Annex F controlled substances for the years 2024, 2025 and 2026, plus sixty-five per cent (65%) of its baseline consumption of Annex C, Group I, controlled substances as set out in paragraph 8 ter of this Article. (
e)Each Party operating under paragraph 1 of this Article and producing the controlled substances in Annex F, for the purposes of calculating its production baseline under Article 2J, shall be entitled to use the average of its calculated levels of production of Annex F controlled substances for the years 2020, 2021 and 2022, plus sixty-five per cent (65%) of its baseline production of Annex C, Group I, controlled substances as set out in paragraph 8 ter of this Article. (
f)Notwithstanding sub-paragraph (
e)above, the Parties may decide that a Party operating under paragraph 1 of this Article and producing the controlled substances in Annex F, for the purposes of calculating its production baseline under Article 2J, shall be entitled to use the average of its calculated levels of production of Annex F controlled substances for the years 2024, 2025 and 2026, plus sixty-five per cent (65%) of its baseline production of Annex C, Group I, controlled substances as set out in paragraph 8 ter of this Article. (
g)Sub-paragraphs (
a)to (
f)of this paragraph will apply to calculated levels of production and consumption save to the extent that a high-ambient-temperature exemption applies based on criteria decided by the Parties. 9. Decisions of the Parties referred to in paragraph 4, 6 and 7 of this Article shall be taken according to the same procedure applied to decision-making under Article 10. Article 6 Assessment and review of control measures Beginning in 1990, and at least every four

(4)years thereafter, the Parties shall assess the control measures provided for in Article 2 and Articles 2A to 2J on the basis of available scientific, environmental, technical, and economic information. At least one

(1)year before each assessment, the Parties shall convene appropriate panels of experts qualified in the fields mentioned and determine the composition and terms of reference of any such panels. Within one

(1)year of being convened, the panels will report their conclusions, through the Secretariat, to the Parties. Article 7 Reporting of data 1. Each Party shall provide to the Secretariat, within three

(3)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: 38 [ S.L.549.16 VIENNA CONVENTION FOR THE PROTECTION OF THE OZONE LAYER AND THE MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE LAYER (INCORPORATION) (

a)in Annex B and Groups, I and II of Annex C for the year 1989; and (
b)in Annex E, for the year 1991; and (
c)in Annex F, for the years 2011 to 2013, except that Parties operating under paragraph 1 of Article 5 shall provide such data for the years 2020 to 2022, but those Parties operating under paragraph 1 of Article 5 to which sub-paragraphs (
d)and (
f)of paragraph 8 qua of Article 5 applies shall provide such data for the years 2024 to 2026; or (
d)the best possible estimates of such data where actual data are not available, not later than three

(3)months after the date when the provisions set out in the Protocol with regard to the substances in Annexes B, C, E and F respectively enter into force for that Party. 3. Each Party shall provide to the Secretariat statistical data on its annual production (as defined in paragraph 5 of Article 1) of each of the controlled substances listed in Annexes A, B, C, E and F and, separately, for each substance, (

a)amounts used for feedstocks, (
b)amounts destroyed by technologies approved by the Parties, and (
c)imports from and exports to Parties and non-Parties respectively, for the year during which provisions concerning the substances in Annexes A, B, C, E and F respectively entered into force for that Party and for each year thereafter. Each Party shall provide to the Secretariat statistical data on the annual amount of the controlled substance listed in Annex E used for quarantine and pre-shipment applications. Data shall be forwarded not later than nine

(9)months after the end of the year to which the data relate. 3 bis. Each Party shall provide to the Secretariat separate statistical data of its annual imports and exports of each of the controlled substances listed in Group II of Annex A and Group I of Annex C that have been recycled. 3 ter. Each Party shall provide to the Secretariat statistical data on its annual emissions of Annex F, Group II, controlled substances per facility in accordance with paragraph 1 (d) of Article 3 of the Protocol. 4. For Parties operating under the provisions of paragraph 4 (a) of Article 2, the requirements in paragraphs

🔗 Għas-sors uffiċjali

AI explanation based on the official legal text. Indicative, not a substitute for legal advice.

L.S. 549.16 Regolamenti li Jinkorporaw il-Konvenzjoni ta’ Vjenna dwar il-Protezzjoni tas-Saff tal-Ożonu u l-Protokoll ta’ Montreal dwar Sustanzi li Jn