Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer of 16 September 1987, to the Vienna Convention for the Protection of the Ozone Layer of 22 March 1985, Montreal, 1997
Done at Montreal 15 to 17 September 1997
Entered into force (not in force)
Depositary: Secretary-General of the United Nations
Primary source citation: Copy of text provided by the U.S. Department of State
AMENDMENT TO THE MONTREAL PROTOCOL ADOPTED
BY THE NINTH MEETING OF THE PARTIES
ARTICLE 1: AMENDMENT
A. Article 4, paragraph 1 qua.
The following paragraph shall be inserted after paragraph 1 ter of Article 4 of the Protocol:
1 qua. Within one year at 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.
B. Article 4, paragraph 2 qua.
The following paragraph shall be inserted after paragraph 2 ter of Article 4 of the Protocol:
2 qua. Commencing one year after 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.
C. Article 4, paragraphs 5, 6 and 7
In paragraphs 5, 6 and 7 of Article 4 of the Protocol, for the words:
and Group II of Annex C
there shall be substituted:
Group II of Annex C and Annex E
D. Article 4, paragraph 8
In paragraph 8 of Article 4 of the Protocol, for the words:
there shall be substituted:
Articles 2G and 2H
E. Article 4A: Control of trade with Parties
The following Article shall be added to the Protocol as Article 4A:
1. 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.
2. 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.
F. Article 4B: Licensing
The following Article shall be added to the Protocol as Article 4B:
1. Each Party shall, by 1 January 2000 or within three 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 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.
3. Each Party shall, within three months of the date of introducing its licensing system, report to the Secretariat on the establishment and operation of that system.
4. The Secretariat shall periodically prepare and circulate to all Parties a lift 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 2: RELATIONSHIP TO THE 1992 AMENDMENT
No State or regional economic integration organization may deposit an instrument of ratification, acceptance, approval or accession to this Amendment unless it has previously, or simultaneously, deposited such an instrument to the Amendment adopted at the Fourth Meeting of the Parties in Copenhagen, 25 November 1992.
ARTICLE 3: ENTRY INTO FORCE
1. This Amendment shall enter into force on 1 January 1999, provided that at least twenty instruments of ratification, acceptance or approval of the Amendment have been deposited by States or regional economic integration organizations that are Parties to the Montreal Protocol on substances that Deplete the Ozone Layer. In the event that this condition has not been fulfilled by that date, the Amendment shall enter into force on the ninetieth day following the date on which it has been fulfilled.
2. For the purpose of paragraph 1, any such instrument deposited by a regional economic integration organization shall
not be counted as additional to those deposited by member States of such organization.
3. After the entry into force of this Amendment, as provided under paragraph 1, it shall enter into force for any other Party to the Protocol on the ninetieth day following the date of deposit of its instrument of ratification, acceptance or approval.