"МОНРЕАЛЬСКИЙ ПРОТОКОЛ ПО ВЕЩЕСТВАМ, РАЗРУШАЮЩИМ ОЗОНОВЫЙ СЛОЙ" [англ.](Вместе с <РЕГУЛИРУЕМЫМИ ВЕЩЕСТВАМИ>, <СПИСКОМ ПРОДУКТОВ, СОДЕРЖАЩИХ РЕГУЛИРУЕМЫЕ ВЕЩЕСТВА>)(Подписан в г. Монреале 16.09.1987)(с изм. и доп. от 27.11.1999 - 03.12.1999)
THE MONTREAL PROTOCOL
ON SUBSTANCES THAT DEPLETE THE OZONE
LAYER
(Montreal, 16.IX.1987)
(as either adjusted and/or amended
in London 1990, Copenhagen 1992, Vienna 1995,
Montreal 1997, Beijing
1999)
Preamble
The Parties to this Protocol,
Being Parties to the
Vienna Convention for the Protection of the Ozone Layer,
Mindful of their
obligation under that Convention to take appropriate measures to protect human
health and the environment against adverse effects resulting or likely to result
from human activities which modify or are likely to modify the ozone layer,
Recognizing that world-wide emissions of certain substances can significantly
deplete and otherwise modify the ozone layer in a manner that is likely to
result in adverse effects on human health and the environment,
Conscious
of the potential climatic effects of emissions of these substances,
Aware
that measures taken to protect the ozone layer from depletion should be based on
relevant scientific knowledge, taking into account technical and economic
considerations,
Determined to protect the ozone layer by taking
precautionary measures to control equitably total global emissions of substances
that deplete it, with the ultimate objective of their elimination on the basis
of developments in scientific knowledge, taking into account technical and
economic considerations and bearing in mind the developmental needs of
developing countries,
Acknowledging that special provision is required to
meet the needs of developing countries, including the provision of additional
financial resources and access to relevant technologies, bearing in mind that
the magnitude of funds necessary is predictable, and the funds can be expected
to make a substantial difference in the world"s ability to address the
scientifically established problem of ozone depletion and its harmful
effects,
Noting the precautionary measures for controlling emissions of
certain chlorofluorocarbons that have already been taken at national and
regional levels,
Considering the importance of promoting international
co-operation in the research, development and transfer of alternative
technologies relating to the control and reduction of emissions of substances
that deplete the ozone layer, bearing in mind in particular the needs of
developing countries,
Have agreed as follows:
Article
1
Definitions
For the purposes of this Protocol:
1. "Convention"
means the Vienna Convention for the Protection of the Ozone Layer, adopted on 22
March 1985.
2. "Parties" means, unless the text otherwise indicates,
Parties to this Protocol.
3. "Secretariat" means the Secretariat of the
Convention.
4. "Controlled substance" means a substance in Annex A, Annex
B, Annex C or Annex E to this Protocol, whether existing alone or in a mixture.
It includes the isomers of any such substance, except as specified in the
relevant Annex, but excludes any controlled substance or mixture which is in a
manufactured product other than a container used for the transportation or
storage of that substance.
5. "Production" means the amount of controlled
substances produced, minus the amount destroyed by technologies to be approved
by the Parties and minus the amount entirely used as feedstock in the
manufacture of other chemicals. The amount recycled and reused is not to be
considered as "production".
6. "Consumption" means production plus
imports minus exports of controlled substances.
7. "Calculated levels" of
production, imports, exports and consumption means levels determined in
accordance with Article 3.
8. "Industrial rationalization" means the
transfer of all or a portion of the calculated level of production of one Party
to another, for the purpose of achieving economic efficiencies or responding to
anticipated shortfalls in supply as a result of plant closures.
Article
2
Control Measures
1. Incorporated in Article 2A.
2. Replaced by
Article 2B.
3. Replaced by Article 2A.
4. Replaced by Article
2A.
5. Any Party may, for one or more control periods, transfer to
another Party any portion of its calculated level of production set out in
Articles 2A to 2F, and Article 2H, provided that the total combined calculated
levels of production of the Parties concerned for any group of controlled
substances do not exceed the production limits set out in those Articles for
that group. Such transfer of production shall be notified to the Secretariat by
each of the Parties concerned, stating the terms of such transfer and the period
for which it is to apply.
5 bis. Any Party not operating under paragraph
1 of Article 5 may, for one or more control periods, transfer to another such
Party any portion of its calculated level of consumption set out in Article 2F,
provided that the calculated level of consumption of controlled substances in
Group I of Annex A of the Party transferring the portion of its calculated level
of consumption did not exceed 0.25 kilograms per capita in 1989 and that the
total combined calculated levels of consumption of the Parties concerned do not
exceed the consumption limits set out in Article 2F. Such transfer of
consumption shall be notified to the Secretariat by each of the Parties
concerned, stating the terms of such transfer and the period for which it is to
apply.
6. Any Party not operating under Article 5, that has facilities
for the production of Annex A or Annex B controlled substances under
construction, or contracted for, prior to 16 September 1987, and provided for in
national legislation prior to 1 January 1987, may add the production from such
facilities to its 1986 production of such substances for the purposes of
determining its calculated level of production for 1986, provided that such
facilities are completed by 31 December 1990 and that such production does not
raise that Party"s annual calculated level of consumption of the controlled
substances above 0.5 kilograms per capita.
7. Any transfer of production
pursuant to paragraph 5 or any addition of production pursuant to paragraph 6
shall be notified to the Secretariat, no later than the time of the transfer or
addition.
8. (a) Any Parties which are Member States of a regional
economic integration organization as defined in Article 1 (6) of the Convention
may agree that they shall jointly fulfil their obligations respecting
consumption under this Article and Articles 2A to 2I provided that their total
combined calculated level of consumption does not exceed the levels required by
this Article and Articles 2A to 2I.
(b) The Parties to any such agreement
shall inform the Secretariat of the terms of the agreement before the date of
the reduction in consumption with which the agreement is concerned.
(c)
Such agreement will become operative only if all Member States of the regional
economic integration organization and the organization concerned are Parties to
the Protocol and have notified the Secretariat of their manner of
implementation.
9. (a) Based on the assessments made pursuant to Article
6, the Parties may decide whether:
(i) Adjustments to the ozone depleting
potentials specified in Annex A, Annex B, Annex C and/or Annex E should be made
and, if so, what the adjustments should be; and
(ii) Further adjustments
and reductions of production or
consumption of the controlled substances
should be undertaken and, if so, what the scope, amount and timing of any such
adjustments and reductions should be;
(b) Proposals for such adjustments
shall be communicated to the Parties by the Secretariat at least six months
before the meeting of the Parties at which they are proposed for adoption;
(c) In taking such decisions, the Parties shall make every effort to reach
agreement by consensus. If all efforts at consensus have been exhausted, and no
agreement reached, such decisions shall, as a last resort, be adopted by a
two-thirds majority vote of the Parties present and voting representing a
majority of the Parties operating under Paragraph 1 of Article 5 present and
voting and a majority of the Parties not so operating present and voting;
(d) The decisions, which shall be binding on all Parties, shall forthwith be
communicated to the Parties by the Depositary. Unless otherwise provided in the
decisions, they shall enter into force on the expiry of six months from the date
of the circulation of the communication by the Depositary.
10. Based on
the assessments made pursuant to Article 6 of this Protocol and in accordance
with the procedure set out in Article 9 of the Convention, the Parties may
decide:
(a) whether 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;
11. Notwithstanding the provisions contained in this Article and Articles 2A to
2I Parties may take more stringent measures than those required by this Article
and Articles 2A to 2I.
Article 2A
CFCs
1. Each Party shall ensure
that for the twelve-month period commencing on the first day of the seventh
month following the date of entry into force of this Protocol, and in each
twelve-month period thereafter, its calculated level of consumption of the
controlled substances in Group I of Annex A does not exceed its calculated level
of consumption in 1986. By the end of the same period, each Party producing one
or more of these substances shall ensure that its calculated level of production
of the substances does not exceed its calculated level of production in 1986,
except that such level may have increased by no more than ten per cent based on
the 1986 level. Such increase shall be permitted only so as to satisfy the basic
domestic needs of the Parties operating under Article 5 and for the purposes of
industrial rationalization between Parties.
2. Each Party shall ensure
that for the period from 1 July 1991 to 31 December 1992 its calculated levels
of consumption and production of the controlled substances in Group I of Annex A
do not exceed 150 per cent of its calculated levels of production and
consumption of those substances in 1986; with effect from 1 January 1993, the
twelve-month control period for these controlled substances shall run from 1
January to 31 December each year.
3. Each Party shall ensure that for the
twelve-month period commencing on 1 January 1994, and in each twelve-month
period thereafter, its calculated level of consumption of the controlled
substances in Group I of Annex A does not exceed, annually, twenty-five per cent
of its calculated level of consumption in 1986. Each Party producing one or more
of these substances shall, for the same periods, ensure that its calculated
level of production of the substances does not exceed, annually, twenty-five per
cent of its calculated level of production in 1986. However, in order to satisfy
the basic domestic needs of the Parties operating under paragraph 1 of Article
5, its calculated level of production may exceed that limit by up to ten per
cent of its calculated level of production in 1986.
4. Each Party shall
ensure that for the twelve-month period commencing on 1 January 1996, and in
each twelve-month period thereafter, its calculated level of consumption of the
controlled substances in Group I of Annex A does not exceed zero. Each Party
producing one or more of these substances shall, for the same periods, ensure
that its calculated level of production of the substances does not exceed zero.
However, in order to satisfy the basic domestic needs of the Parties operating
under paragraph 1 of Article 5, its calculated level of production may exceed
that limit by a quantity equal to the annual average of its production of the
controlled substances in Group I of Annex A for basic domestic needs for the
period 1995 to 1997 inclusive. This paragraph will apply save to the extent that
the Parties decide to permit the level of production or consumption that is
necessary to satisfy uses agreed by them to be essential.
5. Each Party
shall ensure that for the twelve-month period commencing on 1 January 2003 and
in each twelve-month period thereafter, its calculated level of production of
the controlled substances in Group I of Annex A for the basic domestic needs of
the Parties operating under paragraph 1 of Article 5 does not exceed eighty per
cent of the annual average of its production of those substances for basic
domestic needs for the period 1995 to 1997 inclusive.
6. Each Party shall
ensure that for the twelve-month period commencing on 1 January 2005 and in each
twelve-month period thereafter, its calculated level of production of the
controlled substances in Group I of Annex A for the basic domestic needs of the
Parties operating under paragraph 1 of Article 5 does not exceed fifty per cent
of the annual average of its production of those substances for basic domestic
needs for the period 1995 to 1997 inclusive.
7. Each Party shall ensure
that for the twelve-month period commencing on 1 January 2007 and in each
twelve-month period thereafter, its calculated level of production of the
controlled substances in Group I of Annex A for the basic domestic needs of the
Parties operating under paragraph 1 of Article 5 does not exceed fifteen per
cent of the annual average of its production of those substances for basic
domestic needs for the period 1995 to 1997 inclusive.
8. Each Party shall
ensure that for the twelve-month period commencing on 1 January 2010 and in each
twelve-month period thereafter, its calculated level of production of the
controlled substances in Group I of Annex A for the basic domestic needs of the
Parties operating under paragraph 1 of Article 5 does not exceed zero.
9.
For the purposes of calculating basic domestic needs under paragraphs 4 to 8 of
this Article, the calculation of the annual average of production by a Party
includes any production entitlements that it has transferred in accordance with
paragraph 5 of Article 2, and excludes any production entitlements that it has
acquired in accordance with paragraph 5 of Article 2.
Article
2B
Halons
1. Each Party shall ensure that for the twelve-month period
commencing on 1 January 1992, and in each twelve-month period thereafter, its
calculated level of consumption of the controlled substances in Group II of
Annex A does not exceed, annually, its calculated level of consumption in 1986.
Each Party producing one or more of these substances shall, for the same
periods, ensure that its calculated level of production of the substances does
not exceed, annually,
