On the accession of the Republic of Kazakhstan to the Montreal Protocol on Substances that Deplete the Ozone Layer

Home / RLA / On the accession of the Republic of Kazakhstan to the Montreal Protocol on Substances that Deplete the Ozone Layer

The Law of the Republic of Kazakhstan dated October 30, 1997 N 176

The Republic of Kazakhstan should join the Montreal Protocol on Substances that Deplete the Ozone Layer, adopted in September 1987.

President of the Republic of Kazakhstan

RCPI's Note: The Montreal Protocol is reproduced as amended by the fourth meeting of the Parties, held in Copenhagen on 23-25 November 1992.

RCPI's note! The Protocol is amended by the Laws of the Republic of Kazakhstan dated 05/07/2001 No. 191-II; 04/06/2011 No. 426-IV; 04/23/2014 No. 198-V.

PREFACE <*>

1. The signing of the Vienna Convention for the Protection of the Ozone Layer in 1985 and then the Montreal Protocol on Substances that Deplete the Ozone Layer in 1987 became the starting point for global cooperation in protecting the ozone layer in the stratosphere. The two meetings held by the Parties to the Vienna Convention in 1989 and 1991, as well as the four meetings of the Parties to the Montreal Protocol held annually from 1989 to 1992, resulted in the adoption of important decisions designed to contribute to the achievement of the objectives of the Convention and the Protocol. The second and fourth Meetings of the Parties to the Montreal Protocol, in accordance with the procedure set out in paragraph 9 of Article 2 of the Montreal Protocol, adopted some adjustments and reductions in production and consumption of the controlled substances listed in Annexes A and B of the Protocol, as well as two amendments to the Protocol in accordance with the procedure set out in paragraph 4 of Article 9 of the Vienna Convention.

2. This third edition of the Montreal Protocol Guidelines updates the previous 1992 edition by incorporating the decisions of the Fourth Meeting held in Copenhagen in November 1992. It ensures that the adjustments and Amendments adopted at that Meeting are included in the Minutes. It is also accompanied by some important recent decisions of the Executive Committee of the Multilateral Fund.

3. According to paragraph 9 (d) of Article 2 of the Montreal Protocol, the Copenhagen Adjustments are binding on all Parties and entered into force on September 22, 1993. They are printed INSTEAD OF THE TEXT OF THE 1987 PROTOCOL. The text of the 1987 Protocol, as amended, IS NOT REPRODUCED.

4. The London Amendment entered into force on August 10, 1992. The corrected parts are printed in CAPITAL LETTERS along with the text of the Montreal Protocol of 1987. Those parts of the 1987 Protocol THAT WILL BECOME INVALID upon the entry into force of the Amendment for the States that have ratified it ARE PLACED IN SQUARE BRACKETS. As of July 31, 1993, 65 Parties had ratified the London Amendment. The text of the Copenhagen Amendment is printed in CURLY BRACKETS. In cases where part of the text of the Copenhagen Amendment is to be added or replaced by part of the text of the London Amendment, this part of the Copenhagen Amendment is enclosed in brackets.The Copenhagen Amendment will enter into force on January 1, 1994, if at least 20 instruments of ratification of the Amendment are deposited before that date. Otherwise, it will enter into force on the ninetieth day after receipt of the twentieth instrument of ratification. The decisions of the Parties to the Montreal Protocol adopted at their four meetings are attached to the text of the Protocol and are classified according to the relevant articles to which they relate. These decisions represent an important additional set of legal norms. Due to the close relationship between the Montreal Protocol and the Vienna Convention, the decisions of the Conference of the Parties to the Vienna Convention adopted in Helsinki and Nairobi, together with the text of the Convention, are included in annexes.

5. There is reason to hope that this Guide will be useful. It will be updated as necessary after each Meeting of the Parties. Any suggestions for improving both the form and content of the Guide are welcome.}

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* <Introduced from the "Methodological Guidelines for the Application of the Vienna Convention for the Conservation of the Ozone Layer around the Earth and the Montreal Protocol thereto." (Geneva, UN Publishing House, 1994)>.

THE UNITED NATIONS

protocol

16.09.87

THE MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE LAYER, AS AMENDED AND AMENDED AT THE SECOND MEETING OF THE PARTIES, HELD IN LONDON ON 27-29 JUNE 1990, AND FURTHER AMENDED AT THE THIRD MEETING OF THE PARTIES, HELD IN NAIROBI ON 19-21 JUNE 1991, AND AT THE FOURTH MEETING OF THE PARTIES, HELD IN COPENHAGEN ON 23-25 NOVEMBER 1992 YEAR

The Parties to this Protocol, BEING Parties to the Vienna Convention for the Protection of the Ozone Layer, BEARING in MIND their obligation under the Convention to take appropriate measures to protect human health and the environment from adverse effects that arise or may arise as a result of human activities that alter or are capable of altering the ozone layer, RECOGNIZING that emissions on a global scale of some Ozone-depleting substances can significantly deplete or otherwise alter the ozone layer, This is fraught with adverse consequences for human health and the environment, BEARING in MIND the potential impact of emissions of these substances on the climate, REALIZING that measures taken to protect the ozone layer from destruction should be based on scientific knowledge applied taking into account technical and economic considerations., DETERMINED to ensure the protection of the ozone layer by taking preventive measures to adequately manage all global emissions of substances that deplete it, with a view to eventually eliminating them based on scientific knowledge and taking into account technical and economic considerations, AS WELL AS TAKING INTO ACCOUNT THE DEVELOPMENT NEEDS OF DEVELOPING COUNTRIES, RECOGNIZING the need to provide a special provision to meet the needs of developing countries countries [in these substances], INCLUDING THE PROVISION OF ADDITIONAL FINANCIAL RESOURCES AND ACCESS TO APPROPRIATE TECHNOLOGIES, GIVEN THAT IT IS POSSIBLE TO PREDICT THE AMOUNT OF FUNDS NEEDED, AND IT SHOULD BE EXPECTED THAT THESE FUNDS WILL MAKE SIGNIFICANT CHANGES IN THE ABILITY OF THE WORLD COMMUNITY TO SOLVE THE SCIENTIFICALLY ESTABLISHED PROBLEM OF OZONE DEPLETION AND THE HARMFUL EFFECTS OF SUCH DESTRUCTION, TAKING INTO ACCOUNT preventive measures to regulate emissions of certain chlorofluorocarbons that have already been taken and are being taken at the national and regional levels, CONSIDERING the importance of promoting international cooperation in [scientific and technical research and development] RESEARCH, DEVELOPMENT AND TRANSFER OF ALTERNATIVE TECHNOLOGIES related to the management and reduction of emissions of substances that deplete the ozone layer, taking into account, in particular, the needs of developing countries, 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 March 22, 1985. 2. "Parties", unless the context suggests otherwise, means the Parties to this Protocol. 3. "Secretariat" means the secretariat of the Convention. 4. "Controlled substance" means any substance [listed in] Annex A OR Annex B, Annex B, Annex C or Annex E} to this Protocol that exists alone or in a mixture. THIS CONCEPT INCLUDES ISOMERS OF SUCH SUBSTANCES, WITH THE EXCEPTION OF SUBSTANCES SPECIFIED IN THE RELEVANT ANNEX, BUT does not apply [, however,] to any [such] CONTROLLED SUBSTANCES or mixtures that are an integral part of a finished product having a different shape than the container used for transportation or storage of the SAID substance. 5. "Production" means the amount of controlled substances produced, minus the amount of substances that are destroyed using technologies subject to approval by the Parties, AS WELL AS THE AMOUNT OF SUBSTANCES THAT ARE USED EXCLUSIVELY AS RAW MATERIALS FOR THE PRODUCTION OF OTHER CHEMICALS. THE AMOUNT OF SUBSTANCES THAT HAVE BEEN RECYCLED AND REUSED IS NOT CONSIDERED "PRODUCTION". 6. "Consumption" means production plus imports minus exports of controlled substances. 7. "Estimated levels" of production, import, export and consumption mean the levels determined in accordance with Article 3.8. "Rationalization of production" means the transfer of all or part of the estimated level of production from one Party to another Party in order to ensure economic efficiency or to cover the expected unmet demand as a result of the closure of the enterprise.

ARTICLE 2: REGULATORY MEASURES

1. (Is included in Article 2A according to the adjustments made at the Second Meeting of the Parties, held in London in 1990). 2. Replaced by Article 2B.

3 and 4. Are replaced by Article 2A.

[5. Any Party whose estimated level of production of controlled substances of Group I in Annex A in 1986 was less than twenty-five kilotons per year may transfer to or accept from any Party, for rationalization purposes, production exceeding the limits specified in paragraphs 1,3 and 4, provided that the total total estimated The level of production of these Parties does not exceed the limits of production established by this article. Notification of any transfer of such proceedings shall be sent to the secretariat no later than the transfer deadline.] 5. ANY PARTY MAY, WITHIN ANY SINGLE OR MULTIPLE REGULATORY PERIODS, TRANSFER TO ANY OTHER PARTY ANY PART OF THE QUOTA OF ITS CALCULATED PRODUCTION LEVEL SPECIFIED IN ARTICLES 2A-2E AND ARTICLE 2H}, PROVIDED THAT THE TOTAL TOTAL CALCULATED PRODUCTION LEVEL FOR THESE PARTIES FOR ANY GROUP OF CONTROLLED SUBSTANCES DOES NOT EXCEED THE PRODUCTION LIMITS THAT ARE ESTABLISHED. THESE ARTICLES ARE FOR THIS GROUP OF SUBSTANCES. EACH PARTY INVOLVED IN THIS PROCESS SHALL NOTIFY THE SECRETARIAT OF SUCH TRANSFER, STATING THE TERMS AND THE PERIOD FOR WHICH SUCH TRANSFER IS VALID. 5 bis. Any Party not operating under paragraph 1 of Article 5 may, within any single or multiple control periods, transfer to any other Party any part of the quota of its calculated consumption level specified in Article 2F, provided that the calculated consumption level of controlled substances included in Annex A, Group I, of the Party transferring part of the quota their estimated consumption level did not exceed the per capita value of 0.25 kilograms in 1989, and that the total estimated consumption level for these Parties does not exceed the limits of consumption restrictions, which are established in article 2F. Each Party concerned shall notify the secretariat of such transfer, stating the terms and the period for which it is valid.

6. Any Party not operating under Article 5 that has facilities for the production of controlled substances in ANNEX A OR ANNEX B that are under construction or for which contractual obligations were entered into before September 16, 1987 and which are provided for by national legislation before January 1, 1987, may add the products of such facilities to its base production level of such substances. substances in 1986 for the purpose of determining their estimated production level in 1986, provided, that the construction of such facilities will be completed by December 31, 1990 and such production will not lead to an increase in the annual consumption of controlled substances by this Party in excess of 0.5 kilograms per capita.

7. Notification of any transfer of production in accordance with paragraph 5 or any increase in production in accordance with paragraph 6 shall be sent to the secretariat no later than the date of such transfer.

8. (a) Any Parties that are member States of regional economic integration organizations, as defined in paragraph 6 of Article 1 of the Convention, may decide that they jointly meet their consumption obligations under this article and ARTICLE 2A-2E, Article 2A-2H}, provided that their total total The estimated consumption level does not exceed the levels set out in this article and ARTICLES 2A-2E, Articles 2A-2H} (b) The Parties to any such agreement shall inform the secretariat of the terms of such agreement prior to the date of consumption reduction, which is the subject of the agreement;

(c) Such an agreement shall enter into force only if all member States of the regional economic integration organization and the regional organization itself are Parties to the Protocol and have notified the secretariat of how they ensure its implementation.

9. (a) On the basis of assessments conducted in accordance with Article 6, the Parties may decide whether:

(i) Ensure that the calculated ozone-depleting coefficients specified in Annex A AND/OR Annex B, annex B, annex C and/or Annex E are adjusted, and if so, which one; and

(ii) Should production or consumption of controlled substances be further adjusted and reduced [compared to 1986 levels], and if so, at what scale, volume and time frame;

(b) Proposals for such adjustments shall be communicated to the Parties by the secretariat at least six months in advance of the meeting of the Parties at which they are submitted for approval.;

(c) In making such decisions, the Parties shall make every effort to reach agreement by consensus. If, despite making every effort to reach consensus, no agreement is reached, such decisions shall be taken, as a last resort, by a two-thirds majority of the Parties present and voting representing [at least fifty per cent of the total consumption of controlled substances by the Parties;] A MAJORITY OF THE PARTIES OPERATING UNDER PARAGRAPH 1 OF ARTICLE 5 PRESENT AND VOTING, AND A MAJORITY OF THE PARTIES NOT OPERATING UNDER THIS PARAGRAPH WHO ARE PRESENT AND VOTING;

(d) Decisions that are binding on all Parties are immediately communicated to the Parties by the Depositary. Unless otherwise specified in the decisions, the decisions shall enter into force after six months, starting from the date of distribution of notifications by the Depositary.

10. [a)] Based on the assessments conducted in accordance with Article 6 of this Protocol and in accordance with the procedure set out in Article 9 of the Convention, the Parties may decide:

(i) Whether any substances, and if so, which ones, should be added to or removed from any annexes to this Protocol; and

(ii) The mechanism, scope and timing of control measures for the specified substances;

[(b) Any such decision shall take effect provided that it has been adopted by a two-thirds majority vote of the Parties present and voting.]

11. Notwithstanding the provisions contained in this Article AND ARTICLES 2A-2E Articles 2A-2H}, the Parties may take stricter measures than those required by this Article AND ARTICLES 2A-2E ARTICLES 2A-2H}.

INTRODUCTION TO THE ADJUSTMENTS

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

(a) References in article 2 to "this article" and throughout the Protocol to "article 2" are understood to be references to articles 2, 2A and 2B;

(b) References throughout the Protocol to "paragraphs 1-4 of Article 2" are interpreted as references to articles 2A and 2B; and

ARTICLE 2A: CFCs

1. Each Party shall ensure that for a period of twelve months beginning on the first day of the seventh month after the date of entry into force of this Protocol and for each subsequent period of twelve months, its calculated level of consumption of controlled substances of Group I in 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 these substances does not exceed its calculated level of production in 1986, except that this level may increase, but not by more than ten per cent compared with the 1986 level. Such growth is allowed only when it is necessary to meet the basic domestic needs of the Parties operating under Article 5 and for the purpose of rationalizing the distribution of industrial production between the Parties.

2. Each Party shall ensure that, for the period from 1 July 1991 to 31 December 1992, its calculated level of consumption and production of the controlled substances included in Group I in Annex A does not exceed 150 per cent of its calculated level of consumption and production of these substances in 1986; from 1 January 1993, a 12-month period The regulation period for these controlled substances is set from January 1 to December 31 of each year.

3. Each Party shall ensure that, for the twelve-month period commencing on 1 January 1994 and for each subsequent twelve-month period, its calculated level of consumption of the controlled substances in Annex A, group I, does not exceed 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 annual level of production of these substances does not exceed twenty-five per cent of its calculated level of production in 1986. However, in order to meet the basic domestic needs of the Parties operating under paragraph 1 of Article 5, the estimated level of its production may exceed this limit, but not by more than ten percent of the estimated level of its production in 1986.

4. Each Party shall ensure that for the twelve-month period beginning on 1 January 1996 and for each subsequent twelve-month period, its estimated consumption of controlled substances included in Annex A, group I, does not exceed zero. Each Party producing one or more of these substances shall ensure for the same periods that its estimated annual production level of these substances does not exceed zero. However, in order to meet the basic domestic needs of the Parties operating under paragraph 1 of Article 5, the estimated level of its production may exceed this limit, but not by more than fifteen percent of the estimated level of its production in 1986. This paragraph will apply except in cases where the Parties decide to allow the level of production or consumption necessary to ensure the types of applications that they have agreed to consider essential.

ARTICLE 2B: HALONS

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

2. Each Party shall ensure that for the twelve-month period beginning on 1 January 1994 and for each subsequent twelve-month period, its estimated consumption of the controlled substances included in Annex A, group II, does not exceed zero. Each Party producing one or more of these substances shall ensure for the same periods that its estimated level of production of these substances does not exceed zero. However, in order to meet the basic domestic needs of the Parties operating under paragraph 1 of Article 5, the estimated level of its production may exceed this limit, but not by more than fifteen percent of the estimated level of its production in 1986. This paragraph will apply except in cases where the Parties decide to allow the level of production or consumption necessary to ensure the types of applications that they have agreed to consider essential.

next, in bold

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ARTICLE 2C: OTHER FULLY HALOGENATED CFCs

1. Each Party shall ensure that, for a period of twelve months beginning on 1 January 1993, its estimated annual consumption of the controlled substances in Annex B, group I, does not exceed eighty per cent of its estimated consumption in 1989. Each Party producing one or more of these substances shall, for the same period, ensure that its estimated annual production level of these substances does not exceed eighty per cent of its estimated production level in 1989. However, in order to meet the basic domestic needs of the Parties operating under paragraph 1 of Article 5, the estimated level of its production may exceed this limit, but not by more than ten percent of the estimated level of its production in 1989.

2. Each Party shall ensure that, for the twelve-month period beginning on 1 January 1994 and for each subsequent twelve-month period, its calculated level of consumption of the controlled substances in Annex B, group I, does not exceed twenty-five per cent of its calculated level of consumption in 1989. Each Party producing one or more of these substances shall, for the same periods, ensure that its estimated annual production level of these substances does not exceed twenty-five per cent of its estimated production level in 1989. However, in order to meet the basic domestic needs of the Parties operating under paragraph 1 of Article 5, the estimated level of its production may exceed this limit, but not by more than ten percent of the estimated level of its production in 1989.

3. Each Party shall ensure that for the twelve-month period beginning on 1 January 1996 and for each subsequent twelve-month period, its estimated consumption of the controlled substances included in Annex B, group I, does not exceed zero. Each Party producing one or more of these substances shall ensure for the same periods that its estimated level of production of these substances does not exceed zero. However, in order to meet the basic domestic needs of the Parties operating under paragraph 1 of Article 5, the estimated level of its production may exceed this limit, but not by more than fifteen percent of the estimated level of its production in 1989. This paragraph will apply except in cases where the Parties decide to allow the level of production or consumption necessary to ensure the types of applications that they have agreed to consider essential. --------------------------------------------------------------

ARTICLE 2D: CARBON TETRACHLORIDE

1. Each Party shall ensure that, for a period of twelve months beginning on 1 January 1995, its estimated annual consumption of the controlled substances in Annex B, group II, does not exceed fifteen per cent of its estimated consumption in 1989. Each Party producing this substance shall, for the same period, ensure that its estimated annual level of production of this substance does not exceed fifteen per cent of its estimated level of consumption in 1989. However, in order to meet the basic domestic needs of the Parties operating under paragraph 1 of Article 5, the estimated level of its production may exceed this limit, but not by more than ten percent of the estimated level of its production in 1989.

2. Each Party shall ensure that for the twelve-month period beginning on 1 January 1996 and for each subsequent twelve-month period, its estimated consumption of the controlled substance included in Annex B, group II, does not exceed zero. Each Party producing this substance, for the same periods, ensures that the estimated level of its production of this substance does not exceed zero. However, in order to meet the basic domestic needs of the Parties operating under paragraph 1 of Article 5, the estimated level of its production may exceed this limit, but not by more than fifteen percent of the estimated level of its production in 1989. This paragraph will apply except in cases where the Parties decide to allow the level of production or consumption necessary to ensure the types of applications that they have agreed to consider essential.

ARTICLE 2E: 1,1,1 - TRICHLOROETHANE (METHYL CHLOROFORM)

1. Each Party shall ensure that, for a period of twelve months beginning on 1 January 1993, its calculated annual consumption of the controlled substance in Annex B, group III, does not exceed its calculated consumption in 1989. Each Party producing this substance shall, for the same period, ensure that its estimated annual level of production of this substance does not exceed its estimated level of consumption in 1989. However, in order to meet the basic domestic needs of the Parties operating under paragraph 1 of Article 5, the estimated level of its production may exceed this limit, but not by more than ten percent of the estimated level of its production in 1989.

2. Each Party shall ensure that, for the twelve-month period beginning on 1 January 1994 and for each twelve-month period thereafter, its estimated annual consumption of the controlled substance in Annex B, group III, does not exceed fifty per cent of its estimated consumption in 1989. Each Party producing this substance shall, for the same periods, ensure that its estimated annual level of production of this substance does not exceed fifty percent of its estimated level of consumption in 1989. However, in order to meet the basic domestic needs of the Parties operating under paragraph 1 of Article 5, the estimated level of its production may exceed this limit, but not by more than ten percent of the estimated level of its production in 1989.

3. Each Party shall ensure that for the twelve-month period beginning on 1 January 1996 and for each subsequent twelve-month period, its estimated consumption of the controlled substance included in Annex B, group III, does not exceed zero. Each Party producing this substance, for the same periods, ensures that the estimated level of its production of this substance does not exceed zero. However, in order to meet the basic domestic needs of the Parties operating under paragraph 1 of Article 5, the estimated level of its production may exceed this limit, but not by more than fifteen percent of the estimated level of its production in 1989. This paragraph will apply except in cases where the Parties decide to allow the level of production or consumption necessary to ensure the types of applications that they have agreed to consider essential.

ARTICLE 2F: HYDROCHLOROFLUOROCARBONS

1. Each Party shall ensure that, for a period of twelve months beginning on 1 January 1996 and for each subsequent period of twelve months, its estimated annual consumption of the controlled substances included in Annex C, group I, does not exceed the following totals:

(a) Three whole and one tenth per cent of its estimated consumption of the controlled substances included in Annex A, group I; and

(b) The estimated level of its consumption in 1989 of the controlled substances included in Annex C, group I.

2. Each Party shall ensure that, for the twelve-month period beginning on 1 January 2004 and for each subsequent twelve-month period, its estimated annual consumption of the controlled substances included in Annex C, group I, does not exceed sixty-five per cent of the cumulative figure specified in paragraph 1 of this article. 3. Each Party shall ensure that, for the twelve-month period beginning on 1 January 2010 and for each subsequent twelve-month period, its estimated annual consumption of the controlled substances included in Annex C, group I, does not exceed thirty-five per cent of the cumulative figure specified in paragraph 1 of this article. 4. Each Party shall ensure that, for the twelve-month period beginning on 1 January 2015 and for each subsequent twelve-month period, its estimated annual consumption of the controlled substances included in Annex C, group I, does not exceed ten percent of the cumulative figure specified in paragraph 1 of this Article. 5. Each Party shall ensure that for the twelve-month period beginning on January 1, 2020, and for each subsequent twelve-month period, its estimated annual consumption of the controlled substances included in Annex C, group I, does not exceed 0.5 percent of the cumulative figure specified in paragraph 1 of this Article.

6. Each Party shall ensure that, for the twelve-month period beginning on 1 January 2030 and for each subsequent twelve-month period, its estimated annual consumption of the controlled substances included in Annex C, group I, does not exceed zero.

7. Starting from January 1, 1996, each Party shall strive to ensure that:

(a) The use of controlled substances included in Annex C, group I, has been limited to those applications in which there are no more environmentally acceptable alternative substances or technologies.;

(b) The controlled substances included in Group I of Annex C, except in rare cases where it is necessary to protect human life or health, have not been used outside the areas of use currently being met by controlled substances included in Annexes A. b and C; and

(c) In addition to taking into account other environmental, safety and economic considerations, the controlled substances included in Annex C, group I, were selected in such a way as to minimize ozone depletion.

ARTICLE 2G: HYDROBROMOFLUOROCARBONS

Each Party shall ensure that for the twelve-month period beginning on 1 January 1996 and for each twelve-month period thereafter, its estimated consumption of the controlled substances in Annex C, group II, does not exceed zero. Each Party producing this substance, for the same periods, ensures that the estimated level of its production of these substances does not exceed zero. This paragraph applies except in cases where the Parties make a decision allowing for the level of production or consumption necessary to meet the types of applications that they agree to consider essential.

ARTICLE 2H: METHYL BROMIDE

Each Party shall ensure that for the twelve-month period beginning on 1 January 1995 and for each twelve-month period thereafter, its estimated consumption of the controlled substance listed in Annex E does not exceed its estimated annual consumption in 1991. Each Party producing such a substance shall, for the same periods, ensure that its estimated production level of the substance does not exceed its estimated annual production level in 1991. However, in order to meet the basic domestic needs of the Parties operating under paragraph 1 of Article 5, its estimated production level may exceed this limit by no more than ten percent of its estimated production level in 1991. The estimated consumption and production levels in accordance with this Article do not include the amount of substances used by the Party for quarantine purposes and for processing products before transportation.}

ARTICLE 3: CALCULATION OF REGULATED LEVELS

For the purposes of Articles 2, 2A-2E, 2A-2H} and 5, each Party shall determine its calculated levels for each group of substances in Annex A or Annex B of Annex A, Annex C or Annex E}:

a) production by:

(i) Multiplying its annual production of each controlled substance by the ozone-depleting index specified for it in Annex A OR Annex B of Annex B, Annex C or Annex E; (ii) Summing the obtained indicators for each group;

(b) Import and export, respectively, applying, mutatis mutandis, the procedure defined in subparagraph (a); and

(c) Consumption of controlled substances by summing its calculated levels of production and imports and subtracting its calculated level of exports, which are determined in accordance with subparagraphs (a) and (b). However, starting from January 1, 1993, exports of controlled substances to non-Parties are not deductible when calculating the consumption level of the exporting Party.

ARTICLE 4: REGULATION OF TRADE WITH STATES,

BY NON-PARTIES

[1. Within one year after the entry into force of this Protocol, each Party shall prohibit the import of controlled substances from any State that is not a Party to this Protocol.

2. As from 1 January 1993, none of the Parties operating under paragraph 1 of Article 5 may export any controlled substance to any State that is not a Party to this Protocol.

3. Within three years after the date of entry into force of this Protocol, the Parties, in accordance with the provisions provided for in Article 10 of the Convention, will prepare a list of products containing controlled substances in the form of an annex. The Parties that have not objected to the annex, in accordance with the specified procedures, within one year after the entry into force of the annex, prohibit the import of such products from any State that is not a Party to this Protocol.]

[4. Within five years after the entry into force of this Protocol, the Parties will determine the practical possibility of prohibiting or restricting the import of products based on controlled substances but not containing them from States that are not Parties to this Protocol. The Parties, if they deem it possible, in accordance with the procedures specified in Article 10 of the Convention, prepare a list of such products in the form of an annex. The Parties that have not objected to it, in accordance with the above procedures, prohibit or restrict, within one year after the entry into force of the annex, the import of such products from any State that is not a Party to this Protocol.

5. Each Party shall not encourage the export to any State not Party to this Protocol of technology for the production and use of controlled substances.]

1. AS FROM 1 JANUARY 1990, EACH PARTY SHALL PROHIBIT THE IMPORT OF CONTROLLED SUBSTANCES LISTED IN ANNEX A FROM ANY STATE THAT IS NOT A PARTY TO THIS PROTOCOL.

1 BIS. FOR A PERIOD OF ONE YEAR AFTER THE DATE OF ENTRY INTO FORCE OF THIS PARAGRAPH, EACH PARTY SHALL PROHIBIT THE IMPORT OF THE CONTROLLED SUBSTANCES LISTED IN ANNEX B FROM ANY STATE THAT IS NOT A PARTY TO THIS PROTOCOL.

1st ter. For a period of one year after the date of entry into force of this paragraph, each Party shall prohibit the import of any of the controlled substances included in Annex C, group II, from any State that is not a Party to this Protocol.}

2. AS FROM 1 JANUARY 1993, EACH PARTY SHALL PROHIBIT THE EXPORT OF ANY CONTROLLED SUBSTANCES LISTED IN ANNEX A TO ANY STATE NOT PARTY TO THIS PROTOCOL.

2 BIS. AFTER ONE YEAR FROM THE DATE OF ENTRY INTO FORCE OF THIS PARAGRAPH, EACH PARTY SHALL PROHIBIT THE EXPORT OF ANY CONTROLLED SUBSTANCES LISTED IN ANNEX B TO ANY STATE NOT PARTY TO THIS PROTOCOL.

2-ter. After one year from the date of entry into force of this paragraph, each Party shall prohibit the export of any of the controlled substances included in Annex C, group II, to any State that is not a Party to this Protocol.}

3. BY 1 JANUARY 1992, THE PARTIES, IN ACCORDANCE WITH THE PROCEDURES PROVIDED FOR IN ARTICLE 10 OF THE CONVENTION, WILL PREPARE IN THE FORM OF AN ANNEX A LIST OF PRODUCTS CONTAINING THE CONTROLLED SUBSTANCES LISTED IN ANNEX A. PARTIES THAT HAVE NOT OBJECTED TO THIS ANNEX, IN ACCORDANCE WITH THESE PROCEDURES, WITHIN ONE YEAR AFTER THE ENTRY INTO FORCE OF THIS ANNEX, PROHIBIT THE IMPORT OF SUCH PRODUCTS FROM ANY STATE THAT IS NOT A PARTY TO THIS PROTOCOL.

3 BIS. WITHIN THREE YEARS FROM THE DATE OF ENTRY INTO FORCE OF THIS PARAGRAPH, THE PARTIES, IN ACCORDANCE WITH THE PROCEDURES PROVIDED FOR IN ARTICLE 10 OF THE CONVENTION, SHALL ESTABLISH AS AN ANNEX A LIST OF PRODUCTS CONTAINING CONTROLLED SUBSTANCES INCLUDED IN ANNEX B. PARTIES THAT HAVE NOT OBJECTED TO THIS ANNEX, IN ACCORDANCE WITH THESE PROCEDURES, SHALL PROHIBIT WITHIN ONE YEAR FROM THE DATE OF AFTER THE ENTRY INTO FORCE OF THIS ANNEX, THE IMPORT OF THESE PRODUCTS FROM ANY STATE THAT IS NOT A PARTY TO THIS PROTOCOL.

3-ter. Within three years after the date of entry into force of this paragraph, the Parties, in accordance with the procedures set out in Article 10 of the Convention, shall establish as an annex a list of products containing controlled substances included in group II of Annex C. Parties that have not objected to this annex, in accordance with these procedures, shall prohibit for one year from the date of entry into force of this annex, the import of such products from any State that is not a Party to this Protocol.}

4. BY JANUARY 1, 1994, THE PARTIES SHALL DETERMINE THE PRACTICAL POSSIBILITY OF PROHIBITING OR RESTRICTING THE IMPORT OF PRODUCTS BASED ON CONTROLLED SUBSTANCES LISTED IN ANNEX A, BUT NOT CONTAINING THEM, FROM STATES THAT ARE NOT PARTIES TO THIS PROTOCOL. THE PARTIES, IF THEY DEEM IT POSSIBLE, IN ACCORDANCE WITH THE PROCEDURES PROVIDED FOR IN ARTICLE 10 OF THE CONVENTION, PREPARE A LIST OF SUCH PRODUCTS IN THE FORM OF AN ANNEX. THE PARTIES THAT HAVE NOT OBJECTED TO THIS ANNEX, IN ACCORDANCE WITH THE SPECIFIED PROCEDURES, PROHIBIT, WITHIN ONE YEAR AFTER THE ENTRY INTO FORCE OF THE ANNEX, THE IMPORT OF SUCH PRODUCTS FROM ANY STATE THAT IS NOT A PARTY TO THIS PROTOCOL.

4 BIS. WITHIN FIVE YEARS FROM THE DATE OF ENTRY INTO FORCE OF THIS PARAGRAPH, THE PARTIES SHALL DETERMINE THE PRACTICAL POSSIBILITY OF PROHIBITING OR RESTRICTING THE IMPORT OF PRODUCTS BASED ON CONTROLLED SUBSTANCES LISTED IN ANNEX B, BUT NOT CONTAINING THEM, FROM STATES THAT ARE NOT PARTIES TO THIS PROTOCOL. THE PARTIES, IF THEY DEEM IT POSSIBLE, IN ACCORDANCE WITH THE PROCEDURES PROVIDED FOR IN ARTICLE 10 OF THE CONVENTION, PREPARE A LIST OF SUCH PRODUCTS IN THE FORM OF AN ANNEX. THE PARTIES THAT HAVE NOT OBJECTED TO THIS ANNEX, IN ACCORDANCE WITH THE SPECIFIED PROCEDURES, PROHIBIT OR RESTRICT, WITHIN ONE YEAR AFTER THE ENTRY INTO FORCE OF THE ANNEX, THE IMPORT OF SUCH PRODUCTS FROM ANY STATE THAT IS NOT A PARTY TO THIS PROTOCOL.

4-ter. Within five years after the date of entry into force of this paragraph, the Parties shall determine the practicability of prohibiting or restricting the import of products based on controlled substances included in Annex C, Group II, but not containing them. The Parties, if they deem it possible, in accordance with the procedures specified in Article 10 of the Convention, develop a list of such products in the form of an annex. The Parties that have not objected to this annex, in accordance with the specified procedures, prohibit or restrict, within one year from the date of entry into force of this annex, the import of such products from any State that is not a Party to this Protocol.}

5. EACH PARTY UNDERTAKES, AS FAR AS POSSIBLE, NOT TO ENCOURAGE THE EXPORT TO ANY STATE NOT PARTY TO THIS PROTOCOL OF TECHNOLOGY FOR THE PRODUCTION AND USE OF CONTROLLED SUBSTANCES included IN Annexes A and B and Group II of Annex C.

6. Each Party shall refrain from providing new subsidies, assistance, loans, guarantees or insurance programs to States that are not Parties to this Protocol for the export of products, equipment, installations or technology that would facilitate the production of controlled substances included in Annexes A and B and Group II of Annex C.

7. Paragraphs 5 and 6 do not apply to products, equipment, installations or technologies that promote the safe storage, disposal, recycling or destruction of controlled substances, accelerate the search for alternative substances, or otherwise contribute to reducing emissions of controlled substances included in Annexes A and B and Group II of Annex C.

8. Notwithstanding the provisions of this article, imports referred to in paragraphs 1, 1 BIS, 3, 3 BIS [and] 4 and 4 BIS, and EXPORTS REFERRED to IN PARAGRAPHS 2 AND 2 BIS and exports referred to in paragraphs 1-4 ter of this Articles} may be authorized from OR to any State not Party to this Protocol if the Meeting of the Parties determines that that State fully complies with the provisions of Articles 2, ARTICLES 2A-2E, Articles 2G} and this Article, and if it has provided data on this, as established in the Article 7.

9. FOR THE PURPOSES OF THIS ARTICLE, THE TERM "STATE NOT PARTY TO THIS PROTOCOL" MEANS, WITH RESPECT TO ANY PARTICULAR CONTROLLED SUBSTANCE, A STATE OR A REGIONAL ECONOMIC INTEGRATION ORGANIZATION THAT HAS NOT AGREED TO BE BOUND BY REGULATORY MEASURES IN FORCE FOR THAT SUBSTANCE.

10. By 1 January 1996, the Parties will consider whether to amend this Protocol in order to extend the measures provided for in this Article to trade in controlled substances included in Group I of Annex C and Annex E with States that are not Parties to the Protocol.}

ARTICLE 5: SPECIAL SITUATION OF DEVELOPING COUNTRIES

1. Any developing country Party whose estimated annual consumption of the controlled substances LISTED in ANNEX A is less than 0.3 kilograms per capita on the date of entry into force of the Protocol for it or any subsequent period [within ten years after the date of entry into force of the Protocol] BEFORE 1 JANUARY 1999, shall have the right In order to meet their basic domestic needs, to postpone for TEN YEARS compliance with the regulatory measures provided for in ARTICLES 2A-2E [paragraphs 1-4 of Article 2 for ten years after the period specified in these paragraphs]. [However, such a Party does not exceed the estimated annual consumption level of 0.3 kilograms per capita. Any such Party is given the right to use either its estimated average annual consumption level for the period from 1995 to 1997 inclusive, or an estimated consumption level of 0.3 kilograms per capita, whichever is lower, as a basis for its compliance with regulatory measures.]

Provided that any additional amendments to the amendments and adjustments adopted by the Second Meeting of the Parties in London on 29 June 1990 shall apply to Parties operating under this paragraph after the review provided for in paragraph 8 of this Article and shall be adopted taking into account the conclusions of that review.}

1 bis. On the basis of the procedure set out in paragraph 9 of Article 2, by 1 January 1996, the Parties shall take a decision taking into account the review of assessments carried out in accordance with Article 6 referred to in paragraph 8 of this Article and any other relevant information.:

(a) In relation to paragraphs 1 to 6 of Article 2F, which base year, reference levels, control schedules and dates of cessation of consumption of controlled substances included in Annex C, group I, will be established for Parties operating under paragraph 1 of this Article;}

(b) In relation to Article 2G, the date of cessation of production and consumption of the controlled substances in Annex C, group II, will be set for Parties operating under paragraph 1 of this Article; and

(c) In relation to Article 2H, the base year, baseline levels and control schedules for consumption and production of the controlled substances included in Annex E will be established for the Parties operating under paragraph 1 of this Article.}

[2. The Parties undertake to facilitate the access of developing country Parties to environmentally sound alternative chemicals and technologies and to provide them with assistance for the early transition to the use of such alternative substances and technologies.]

[3. The Parties undertake, through bilateral or multilateral channels, to facilitate the provision of subsidies, assistance, loans, guarantees or insurance programs to developing country Parties in order to use alternative technologies and substitute products.]

next, in bold, except }

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2. However, any Party operating under paragraph 1 of this Article shall not exceed either the annual estimated consumption of the controlled substances listed in Annex A in excess of 0.3 kilograms per capita or the annual estimated consumption of the controlled substances listed in Annex B in excess of 0.2 kilograms per capita.

3. In the case of the application of regulatory measures in accordance with Articles 2A-2E, any Party acting under paragraph 1 of this Article has the right to use:

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

(b) For the controlled substances listed in Annex B, either the estimated average annual level of its consumption for the period from 1998 to 2000 inclusive, or the estimated consumption level of 0.2 kilograms per capita, whichever is lower, as the basis for determining its compliance with regulatory measures.

4. If a Party operating under paragraph 1 of this Article, at any time prior to the entry into force of its obligations under the control measures provided for in Articles 2A-2E and 2A-2H, finds that it is unable to obtain sufficient quantities of controlled substances, it may notify the secretariat accordingly. The Secretariat will immediately send a copy of such notification to the Parties, who will consider the matter at the next Meeting and decide on appropriate measures.

5. Ensuring the ability to meet the obligations of the Parties operating under paragraph 1 of this Article to comply with the regulatory measures provided for in Articles 2A-2E, as well as any regulatory measures under Articles 2E-2H decided upon under paragraph 1 bis of this Article,} and their implementation by these Parties will depend on the effective implementation of the financial cooperation provided for in Article 10 and technology transfer as provided for in Article 10A.

6. Any Party acting under paragraph 1 of this Article may at any time notify the Secretariat in writing that, despite taking all practicable steps, it nevertheless considers itself unable to meet any or all of its obligations under the control measures provided for in Articles 2A to 2E., or any of the obligations, or all of the obligations under articles 2F-2H, decided upon pursuant to paragraph 1 bis of this article,} due to insufficient strict implementation of articles 10 and 10A. The Secretariat shall immediately send a copy of this notification to the Parties, who shall consider the matter at the next Meeting with due regard to paragraph 5 of this Article and decide on the necessary measures.

7. During the period between the receipt of the notification and the Meeting of the Parties, at which decisions are to be taken on the necessary measures referred to in paragraph 6 above, or for any subsequent period, the procedures related to non-compliance referred to in Article 8 shall not be applied to the notifying Party by decision of the Meeting of the Parties.

8. The Meeting of the Parties shall, no later than 1995, review the situation of the Parties operating under paragraph 1 of this Article, including the effective implementation of financial cooperation and technology transfer to them, and undertake any revisions that may be deemed necessary with respect to the schedule of regulatory measures applicable to these Parties.

9. The decisions of the Parties referred to in paragraphs 4, 6 and 7 of this Article shall be taken in accordance with the same procedure that applies to decision-making under Article 10.

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ARTICLE 6. ASSESSMENT AND REVIEW OF REGULATORY MEASURES

Starting in 1990 and at least every four years thereafter, the Parties shall evaluate the regulatory measures provided for in Article 2 AND ARTICLES 2A-2F, AS WELL AS THE PROVISIONS ON THE PRODUCTION, IMPORT AND EXPORT OF TRANSITIONAL SUBSTANCES OF GROUP I OF Annex C, Articles 2A-2H, on the basis of available scientific, environmental, technical and economic information. At least one year before each assessment, the Parties shall convene appropriate groups of qualified experts in the mentioned areas and determine the composition and terms of reference of each such group. Within one year from the date of their convening, the groups, through the secretariat, bring their conclusions to the attention of the Parties.

ARTICLE 7: SUBMISSION OF DATA

1. Each Party shall submit to the Secretariat, within three months of becoming a Party, statistical data on its production, imports and exports of each of the ANNEX A controlled substances for 1986 and the most reliable estimates of this nature, if actual data are not available.

[2. Each Party shall provide the Secretariat with statistical data on its annual production (specifically indicating the amount of substances destroyed annually using technology to be approved by the Parties), imports and exports, respectively, of such substances to countries that are Parties and non-Parties, for the year in which it became a Party, and for each the following year. It submits these data no later than nine months after the end of the year to which the data relate.]

2. EACH PARTY SHALL SUBMIT TO THE SECRETARIAT STATISTICAL DATA ON ITS PRODUCTION, IMPORTS AND EXPORTS OF EACH OF THE CONTROLLED SUBSTANCES IN ANNEX B, AS WELL AS ANNEX C GROUP I TRANSITIONAL SUBSTANCES FOR 1989, OR THE MOST RELIABLE ESTIMATES OF SUCH DATA, IF ACTUAL DATA ARE NOT AVAILABLE, NO LATER THAN THREE MONTHS AFTER THE DATE OF ENTRY INTO FORCE FOR THAT PARTY. THE PROVISIONS OF THE PROTOCOL RELATING TO SUBSTANCES IN ANNEX B.

3. EACH PARTY SHALL PROVIDE THE SECRETARIAT WITH STATISTICAL DATA ON ITS ANNUAL PRODUCTION (AS DEFINED IN PARAGRAPH 5 OF ARTICLE 1) AND SEPARATELY:

- THE AMOUNT OF SUBSTANCES USED AS FEEDSTOCK,

- THE NUMBER OF SUBSTANCES DESTROYED USING TECHNOLOGIES APPROVED BY THE PARTIES,

- ON THE IMPORT AND EXPORT OF THE PARTIES AND COUNTRIES AND ORGANIZATIONS THAT ARE NOT PARTIES, RESPECTIVELY,

FOR EACH OF THE CONTROLLED SUBSTANCES LISTED IN ANNEXES A AND B, AS WELL AS TRANSITIONAL SUBSTANCES OF GROUP I OF ANNEX C, FOR THE YEAR IN WHICH THE PROVISIONS RELATING TO ANNEX B SUBSTANCES ENTERED INTO FORCE FOR THAT PARTY, AND FOR EACH SUBSEQUENT YEAR. DATA SHALL BE SENT NO LATER THAN NINE MONTHS AFTER THE END OF THE YEAR TO WHICH THEY RELATE SUCH DATA.

2. Each Party shall provide the secretariat with statistical data on its production, import and export of each of the controlled substances

- Appendices B and C - for 1989; - Appendices E - for 1991

or the most reliable estimates of this nature, if actual data are not available, no later than three months after the date of entry into force for that Party of the provisions of the Protocol relating to substances in Annexes B, C and E, respectively.}

3. Each Party shall provide the Secretariat with 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 and E, and separately for each substance.:

- the number of substances used as feedstock, - the number of substances destroyed using technologies approved by the Parties, and - the import and export of the Parties and countries and organizations that are not Parties, respectively

for the year in which the provisions relating to substances in Annexes A, B, C and E, respectively, entered into force for that Party, and for each subsequent year. The data is sent no later than nine months after the end of the year to which such data relate.}

3 bis. Each Party shall provide the Secretariat with separate statistics on its annual imports and exports of each of the controlled substances in Annex A, group II, and Annex C, group I, that have been recycled.}

4. FOR PARTIES OPERATING UNDER THE PROVISIONS OF PARAGRAPH 8 (a) OF ARTICLE 2, THE REQUIREMENTS FOR REPORTING IMPORT AND EXPORT STATISTICS CONTAINED IN PARAGRAPHS 1, 2 AND 3 in PARAGRAPHS 1, 2, 3 AND 3 bis OF THIS ARTICLE ARE FULFILLED IF THE RELEVANT REGIONAL ECONOMIC INTEGRATION ORGANIZATION PROVIDES DATA ON IMPORTS AND EXPORTS BETWEEN THIS ORGANIZATION AND STATES THAT ARE NOT MEMBERS OF THIS ORGANIZATION.

ARTICLE 8: NON-COMPLIANCE

At their first ordinary meeting, the Parties shall review and approve procedures and an organizational mechanism for determining non-compliance with the provisions of this Protocol and how Parties that do not comply with the Protocol should be treated.

ARTICLE 9: RESEARCH, DEVELOPMENT, PUBLIC AWARENESS AND INFORMATION EXCHANGE

1. The Parties shall cooperate, in accordance with their national laws, regulations and practices, and taking into account, in particular, the needs of developing countries, in order to promote, directly or through competent international bodies, the development of research, development and the exchange of information on:

a) the most advanced technology to improve the safe storage, disposal, recycling or destruction of controlled substances or otherwise reduce their emissions;

(b) Possible substitutes for controlled substances, their products and products based on them; and

2. The Parties shall cooperate individually, jointly or through competent international bodies to ensure a better understanding by the public of the environmental consequences of emissions of controlled substances and other substances that deplete the ozone layer.

3. Within two years after the entry into force of this Protocol, and every two years thereafter, each Party shall submit to the Secretariat a summary report on the activities it has undertaken in accordance with this Article.

[ARTICLE 10: TECHNICAL ASSISTANCE

1. With particular regard to the needs of developing countries and bearing in mind the provisions of Article 4 of the Convention, the Parties shall cooperate in extending technical assistance to facilitate participation in and implementation of this Protocol.

2. Any Party or Signatory to this Protocol may send a request to the secretariat for technical assistance in order to implement or participate in it.

3. At their first meeting, the Parties shall begin negotiations on ways to fulfill the obligations set out in Article 9 and paragraphs 1 and 2 of this Article, including the preparation of work plans. Such work plans should pay special attention to the needs and circumstances of developing countries. The participation of States and regional economic integration organizations that are not Parties to the Protocol in the activities envisaged in such workplans should be encouraged.]

next, in bold, except }

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ARTICLE 10: FINANCING MECHANISM

1. The Parties to the Montreal Protocol shall establish a mechanism to ensure financial and technical cooperation, including the transfer of technology to Parties operating under paragraph 1 of Article 5 of this Protocol, in order to facilitate their compliance with the regulatory measures provided for in Articles 2A-2E, as well as any regulatory measures under Articles 2F-2H, decided upon in accordance with paragraph 1 bis of Article 5 of the Protocol. The mechanism, to which contributions are made in addition to other financial resources sent to Parties operating under this paragraph, covers all agreed additional costs of these Parties in order to enable the implementation of the regulatory measures provided for in the Protocol. The approximate list of additional costs is determined by the Meeting of the Parties.

2. The mechanism established in accordance with paragraph 1 includes a Multilateral Fund. It may also cover other forms of multilateral, regional, and bilateral cooperation.

3. The Multilateral Fund:

a) on the basis of the provision of subsidies or benefits, respectively, and in accordance with the criteria established by the Parties, covers the agreed additional costs;

(b) Finance the functions of the mediation mechanism in order to:

(i) Providing assistance to countries operating under paragraph 1 of Article 5 to identify their cooperation needs through country studies and other technical cooperation;

(ii) Facilitating technical cooperation to meet these identified needs;

(iii) The dissemination of information and relevant materials, as provided for in article 9, and the holding of seminars, training sessions, and other relevant activities to provide assistance Developing country Parties; and

(iv) Facilitating and monitoring other multilateral, regional and bilateral cooperation with Developing country Parties;

4. The Multilateral Fund operates under the guidance of the Parties, which determine the general directions of its policy.

5. The Parties shall establish an Advisory Committee to develop and implement specific operational policies, guidelines and administrative measures, including the allocation of resources, to achieve the objectives of the Multilateral Fund. The Executive Committee performs its tasks and functions in accordance with its terms of reference agreed upon by the Parties, in cooperation and with the assistance of the International Bank for Reconstruction and Development (World Bank), the United Nations Environment Programme, the United Nations Development Programme or other relevant agencies, depending on their areas of competence. The members of the Executive Committee, who are elected on the basis of a balanced representation of Parties operating and not operating under paragraph 1 of Article 5, are approved by the Parties.

6. The Multilateral Fund is financed by contributions from Parties not operating under paragraph 1 of Article 5 in convertible currencies or, in certain cases, in services and/or in national currencies based on the United Nations scale of assessments. Contributions from other Parties are encouraged. Bilateral and, in special cases agreed upon on the basis of a decision of the Parties, regional cooperation, up to a certain percentage and in accordance with any criteria to be determined by the Parties, may be considered as a contribution to the Multilateral Fund, provided that such cooperation is at least:

(a) Strictly comply with this Protocol; (b) ensure that additional resources are available; and (c) cover the agreed additional costs.

7. The Parties approve the program budget of the Multilateral Fund for each financial period and determine the amount of contributions from individual Parties as a percentage.

8. Funds under the Multilateral Fund are allocated in agreement with the Beneficiary Party.

9. Decisions of the Parties in connection with this article shall be taken by consensus, if possible. If every effort has been made and no agreement has been reached, decisions shall be taken by a two-thirds majority vote of the Parties present and voting, representing the majority of the Parties operating under paragraph 1 of Article 5 and the majority of the Parties not operating under this paragraph present and voting.

10. The financing mechanism defined in this article does not prejudice any other arrangements that may be developed to address other environmental issues.

ARTICLE 10 A: TRANSFER OF TECHNOLOGY

Each Party shall take all possible measures consistent with the programmes supported by the financial mechanism to ensure that:

(a) The best available environmentally sound substitutes and related technologies were promptly transferred to the Parties operating under paragraph 1 of Article 5; and (b) the transfer of technology referred to in subparagraph (a) was carried out on fair and most favorable terms.

ARTICLE 11: MEETINGS OF THE PARTIES

1. The Parties shall hold meetings at regular intervals. The Secretariat shall convene the first meeting of the Parties no later than one year after the entry into force of this Protocol and in conjunction with the meeting of the Parties to the Convention, if the latter is scheduled for that period.

2. Unless the Parties decide otherwise, subsequent ordinary meetings of the Parties shall be held jointly with the meetings of the Parties to the Convention. Extraordinary meetings of the Parties may be held at any other time by decision of any meeting of the Parties or at the written request of any Party, provided that within six months from the date of sending such a request to the Parties, it is supported by at least one third of the Parties.

3. At their first meeting, the Parties:

(a) Adopt by consensus the rules of procedure for their meetings;

(b) Approve by consensus the financial rules referred to in paragraph 2 of article 13;

(d) Review and approve the procedures and organizational arrangements referred to in article 8; and

(e) Begin the preparation of work plans in accordance with paragraph 3 of article 10 <*>.

-------------------------

<*> Article 10 in the form in which it was contained in the original version of the Montreal Protocol, adopted in 1987, is in question.

4. The functions of the meetings of the Parties are as follows:

(a) Review of the implementation of this Protocol;

(b) Deciding on any adjustments or reductions referred to in paragraph 9 of article 2;

(c) Making decisions on additions, expansion or reduction of the number of substances in the annexes, as well as on the adoption of appropriate control measures in accordance with paragraph 10 of Article 2;

(d) The adoption, where appropriate, of guidelines or procedures for the submission of information provided for in articles 7 and 9, paragraph 3;

(e) Consideration of requests for technical assistance submitted in accordance with paragraph 2 of Article 10;

(f) Consideration of reports prepared by the secretariat in accordance with subparagraph (c) of article 12;

(g) Review, in accordance with article 6, of the control measures AND PROVISIONS FOR TRANSITIONAL SUBSTANCES [provided for in article 2]<*>;

(h) Consideration and adoption, as appropriate, of proposals for amendments to this Protocol or any existing or new annex;

(i) Review and approve the budget for the implementation of this Protocol; and

(j) Consider and adopt any additional measures that may be necessary to achieve the objectives of this Protocol.

-------------------------

The bold part of the text will not apply if the Copenhagen Amendment enters into force.

5. The United Nations, its specialized agencies and the International Atomic Energy Agency, as well as any States not Parties to this Protocol, may be represented at the meeting of the Parties as observers. Any bodies or institutions, national and international, governmental and non-governmental, that are competent in fields related to the protection of the ozone layer and that have informed the Secretariat of their desire to be represented at the meeting of the Parties as observers, may be admitted to the meeting unless at least one third of the Parties present object. The admission and participation of observers is governed by the rules of procedure approved by the Parties.

ARTICLE 12: THE SECRETARIAT

For the purposes of this Protocol, the secretariat:

(a) Organize and serve the meetings of the Parties provided for in Article 11;

(b) Receive and disseminate, at the request of the Parties, the data provided in accordance with Article 7;

(c) Regularly prepare and transmit to the Parties reports based on information received in accordance with Articles 7 and 9;

(d) Notify the Parties of any request for technical assistance received in accordance with Article 10 in order to facilitate the provision of such assistance;

(e) Encourages the participation of States and non-Parties in meetings of the Parties as observers and their actions in accordance with the provisions of the Protocol;

(f) Transmit, as appropriate, the information and requests referred to in subparagraphs (c) and (d) to observers from such non-Party States and organizations; and

(g) Performs any other functions to achieve the objectives of the Protocol that may be assigned to it by the Parties.

ARTICLE 13: FINANCIAL REGULATIONS

1. The funds necessary for the implementation of this Protocol, including those necessary for the activities of the secretariat in connection with this Protocol, shall be formed solely from contributions from the Parties.

2. The Parties, at their first meeting, shall adopt by consensus the financial rules for the implementation of this Protocol.

ARTICLE 14: RELATIONSHIP OF THIS PROTOCOL TO THE CONVENTION

In the absence of any other provision in this Protocol, the provisions of the Convention relating to the Protocols thereto shall apply to this Protocol.

ARTICLE 15: SIGNATURE

This Protocol shall be open for signature by States and regional economic integration organizations in Montreal on September 16, 1987, in Ottawa from September 17, 1987 to January 16, 1988, and at United Nations Headquarters in New York from January 17, 1988 to September 15, 1988.

ARTICLE 16: ENTRY INTO FORCE

1. This Protocol shall enter into force on 1 January 1989, subject to the deposit of at least eleven instruments of ratification, acceptance, approval or accession to the Protocol by States or regional economic integration organizations accounting for at least two thirds of the estimated global consumption of controlled substances in 1986, and compliance with the provisions of paragraph 1 of article 17 Conventions. If the specified conditions are not met by that date, this Protocol shall enter into force on the ninetieth day after the date of compliance with these conditions.

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

3. After the entry into force of this Protocol, any State or regional economic integration organization shall become a Party to this Protocol on the ninetieth day after the date of deposit of its instrument of ratification, acceptance, approval or accession.

ARTICLE 17: PARTIES THAT HAVE ACCEDED TO THE PROTOCOL AFTER ITS ENTRY INTO FORCE

Subject to the provisions of Article 5, any State or regional economic integration organization that becomes a Party to this Protocol after the date of its entry into force shall immediately comply with the full range of obligations under Article 2, as well as ARTICLES 2A-2E, ARTICLES 2} and Article 4, which are in force on that date in respect of States and regional economic integration organizations that have become Parties on the date of entry into force of the Protocol.

ARTICLE 18: RESERVATIONS

Reservations to this Protocol are not allowed.

[ARTICLE 19: WITHDRAWAL

1. For the purposes of this Protocol, the provisions of Article 19 of the Convention relating to withdrawal shall apply to Parties other than those referred to in paragraph 1 of Article 5. Any such Party may withdraw from this Protocol by giving written notification to the Depositary at any time four years after the acceptance of the obligations referred to in paragraphs 1-4 of Article 2. Any such withdrawal shall take effect one year after the date of receipt by the Depositary of the notification of withdrawal, or on such subsequent date as may be specified in the notification of withdrawal.]

ARTICLE 19: WITHDRAWAL

ANY PARTY MAY WITHDRAW FROM THIS PROTOCOL BY GIVING WRITTEN NOTIFICATION TO THE DEPOSITARY AT ANY TIME FOUR YEARS AFTER THE ACCEPTANCE OF THE OBLIGATIONS REFERRED TO IN PARAGRAPH 1 OF ARTICLE 2 A. ANY SUCH WITHDRAWAL SHALL TAKE EFFECT ONE YEAR AFTER THE DATE OF RECEIPT BY THE DEPOSITARY OF THE NOTIFICATION OF WITHDRAWAL OR ON SUCH SUBSEQUENT DATE AS MAY BE SPECIFIED IN THE NOTIFICATION OF WITHDRAWAL. EXIT.

ARTICLE 20: AUTHENTIC TEXTS

The original of this Protocol, 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 THERETO, HAVE SIGNED THIS PROTOCOL.

DONE AT MONTREAL, THIS SIXTEENTH DAY OF SEPTEMBER, ONE THOUSAND NINE HUNDRED AND EIGHTY-SEVEN.

APPENDIX A

REGULATED SUBSTANCES

----------------------------------------------------------------- Group Substance Ozone-depleting potential <*> ----------------------------------------------------------------- Group I CFCl3 (CFC-11) 1.0 CF2Cl2 (CFC-12) 1.0 C2F3Cl3 (CFC-113) 0.8 C2F4Cl2 (CFC-114) 1.0 C2F5Cl (CFC-115) 0.6 Group II CF2BrCI (Halon-1211) 3.0 CF3Br (Halon-1301) 10.0 C2F4Br2 (halon-2402) 6,0 -----------------------------------------------------------------

<*> These values of ozone-depleting potential are estimated, based on currently available scientific information, and are subject to periodic review and revision.

APPENDIX B

REGULATED SUBSTANCES

----------------------------------------------------------------- Group Substance Ozone-depleting potential ----------------------------------------------------------------- Group I CF3CI (CFC-13) 1.0 C2FCI5 (CFC-111) 1.0 C2F2CI4 (HZFC-112) 1.0 C3FCI7 (CFC-211) 1.0 C3F2CI6 (CFC-212) 1.0 C3F3CI5 (CFC-213) 1.0 C3F4CI4 (CFC-214) 1.0 C3F5CI3 (CFC-215) 1.0 C3F6CI2 (CFC-216) 1.0 C3F7CI (CFC-217) 1.0 Group II

CCI4 carbon tetrachloride 1,1 Group III C2H3Cl3 <*> 1,1,1 - trichloroethane 0,1 (methyl chloroform) -----------------------------------------------------------------

<*> This formula does not apply to 1,1,2 - trichloroethane.

APPENDIX C

REGULATED SUBSTANCES

----------------------------------------------------------------- Group Substance Quantity Ozone-depleting isomer ability <*> ----------------------------------------------------------------- Group I CHFCl2 (HCFC-21) <**> 1 0.04 CHF2Cl (HCFC-22) <**> 1 0.055 CH2FCl (HCFC-31) 1 0.02 C2HFCl4 (HCFC-121) 2 0.01 - 0.04 C2HF2Cl3 (HCFC-122) 3 0,02 - 0.04 C2HF3Cl2 (HCFC-123) 3 0.02 - 0.06 CHCl2CF3 (HCFC-123) <**> - 0.02 C2HF4Cl (HCFC-124) 2 0.02 - 0.04 CHFClCF3 (HCFC-124) <**> - 0.22 C2H2FCl3 (HCFC-131) 3 0.007 - 0.05 C2H2F3Cl2 (HCFC-132) 4 0.08 - 0.05 C2H2F3Cl (HCFC-133) 3 0.02 - 0.06 C2H3FCl2 (HCFC-141) 3 0.005 - 0.07 CH3CFCl2 (HCFC-141b) <**> - 0.11 C2H3F2Cl (HCFC-142) 3 0.008 - 0.07 CH3CF2Cl (HCFC-142b) <**> - 0.065 C2H4FCl (HCFC-151) 2 0.003 - 0.005 C3HFCl6 (HCFC-221) 5 0.015 - 0.07 C3HF2Cl5 (HCFC-222) 9 0.01 - 0.09 C3HF3Cl4 (HCFC-223) 12 0.01 - 0.08 C3HF4Cl3 (HCFC-224) 12 0.01 - 0.09 C3HF5Cl2 (HCFC-225) 9 0.02 - 0.07 CF3CF2CHCl2 (HCFC-225 ca) <**> - 0.025 CF2ClCF2CHClF (HCFC-225 cb) <**> - 0.033 C3HF6Cl (HCFC-226) 5 0.02 - 0.10 C3H2FCl5 (HCFC-231) 9 0.05 - 0.09 C3H2F2Cl4 (HCFC-232) 16 0.008 - 0.10 C3H2F3Cl3 (HCFC-233) 18 0.007 - 0.23 C3H2F4Cl2 (HCFC-234) 16 0.01 - 0.28 C3H2F5Cl (HCFC-235) 9 0.03 - 0.52 C3H3FCl4 (HCFC-241) 12 0.004 - 0.09 C3H3F2Cl3 (HCFC-242) 18 0.005 - 0.13 C3H3F3Cl2 (HCFC-243) 18 0.007 - 0.12 C3H3F4Cl (HCFC-244) 12 0,009 - 0,14 ------------------------- <*> For the purposes of the Protocol, if there is a range of indicators, the highest indicator in this range is used. The LFS, given as a single indicator, are determined by calculations based on laboratory measurements. Those of them, which are expressed by a range of indicators, are based on estimated data and, as a result, allow for significantly larger deviations. The range of indicators belongs to the isomeric group. In this case, a high indicator represents the calculated ODP of the isomer with the highest ODP, and a low indicator represents the calculated ODP of the isomer with the lowest ODP.

<**> the most competitive substances whose ODP values should be applied for the purposes of the Protocol.

----------------------------------------------------------------- Group Substance Quantity Ozone-depleting isomer ability <*> -----------------------------------------------------------------

C3H4FCl3 (HCFC-251) 12 0.001 - 0.01 C3H4F2Cl2 (HCFC-252) 16 0.005 - 0.04 C3H4F3Cl (HCFC-253) 12 0.003 - 0.03 C3H5Cl2 (HCFC-261) 9 0.002 - 0.02 C3H5F2Cl (HCFC-262) 9 0.002 - 0.02 C3H6FCl (HCFC-271) 5 0,001 - 0,03

Group II CHFBr2 1 1.00 CHF2Br (GBFC-22B1) 1 0,74 CH2FBr 1 0,73 C2HFBr4 2 0,3 - 0,8 C2HF2Br3 3 0,5 - 1,8 C2HF3Br2 3 0,4 - 1,6 C2HF4Br 2 0,7 - 1,2 C2H2FBr3 3 0,1 - 1,1 C2H2F2Br2 4 0,2 - 1,5 C2H2F3Br 3 0,7 - 1,6 C2H3FBr2 3 0,1 - 1,7 C2H3F2Br 3 0,2 - 1,1 C2H4FBr 2 0,07 - 0,1 C3HFBr6 5 0,3 - 1,5 C3HF2Br5 9 0,2 - 1,9 C3HF3Br4 12 0,3 - 1,8 C3HF4Br3 12 0,5 - 2,2 C3HF5Br2 9 0,9 - 2,0 C3HF6Br 5 0,7 3,3 C3H2FBr5 9 0,1 - 1,9 C3H2F2Br4 16 0,2 - 2,1 C3H2F3Br3 18 0,2 - 5,6 C3H2F4Br2 16 0,3 - 7,5 C3H2F5Br 8 0,9 - 14 C3H3FBr4 12 0,08 - 1,9 C3H3F2Br3 18 0,1 - 3,1 C3H3F3Br2 18 0,1 - 2,5 C3H3F4Br 12 0,3 - 4,4 C3H4FBr3 12 0,03 - 0,3 C3H4F2Br2 16 0,1 - 1,0 C3H4F3Br 12 0,07 - 0,8 C3H5FBr2 9 0,04 - 0,4 C3H5F2Br 9 0,07 - 0,8 C3H6FBr 5 0,02 - 0.7 ANNEX D <**> LIST OF PRODUCTS <**> CONTAINING CONTROLLED SUBSTANCES LISTED IN ANNEX A (PREPARED IN ACCORDANCE WITH PARAGRAPH 3 OF ARTICLE 4) PRODUCTS CUSTOMS CODE INDEX

Air conditioners on cars and trucks (regardless of whether they are installed in cars or not) ................ 2. Domestic and commercial refrigeration units and air conditioners/heat pumps <**>, ................. for example, refrigerators ................. freezers................. dehumidifiers ................. water cooling devices ................. ice makers ................. air conditioners and heat pumps ................. 3. Aerosol products, with the exception of medical aerosols ................. 4. Portable fire extinguishers ................. 5. Insulation boards, panels and pipe coverings ................. 6. Prepolymers ................. ------------------------- <*> This annex was adopted by the Third Meeting of the Parties in Nairobi on 21 June 1991 in accordance with paragraph 3 of Article 4 of the Protocol.

<**> Except in cases when they are transported in containers with personal property or household utensils, or similar non-commercial situations, which usually do not come to the attention of customs authorities. <***> In the case where they contain the regulated substances listed in Appendix A, as a cooler and/or in the insulating material of the product.

APPENDIX E

REGULATED SUBSTANCES

ADDENDUM

DECISIONS TAKEN BY MEETINGS OF THE PARTIES TO THE MONTREAL PROTOCOL WITH RESPECT TO EACH ARTICLE OF THE PROTOCOL

ARTICLE 1: DEFINITIONS

The FIRST MEETING OF THE PARTIES, in DECISION I/12A, agreed to agree on the following clarification of the definition of controlled substances (by mass of substance) in paragraph 4 of Article 1 of the Montreal Protocol:

(a) Article 1 of the Montreal Protocol excludes as a "controlled substance" any listed substance that exists alone or in a mixture, has a different form as a finished product than the container used for transportation or storage;

(b) For the purposes of the Protocol, any quantity of a controlled substance or mixture of controlled substances that is not part of a management system for that substance is considered a controlled substance (i.e., a chemical feedstock);

(c) If a substance or mixture must first be transferred from a cargo container to another container, container or equipment for further targeted use, the first container is, in fact, used only for storage and/or transportation, and the substance or mixture contained therein falls within the scope of paragraph 4 of Article 1 of the Protocol.;

d) if, on the other hand, the release of the product from the container itself is a deliberate use of this substance, then the container itself is part of the system of use, and the substance contained in it is therefore excluded from the definition.;

(e) Examples of use systems considered as products for the purposes of paragraph (A) of Article 1 include, in particular::

i) an aerosol can; ii) a refrigerator or refrigeration unit, an air conditioner or an air conditioning unit, a heat pump, etc.; iii) a polyurethane prepolymer or any foam that contains or is based on a controlled substance; iv) a fire extinguisher (on wheels or manual) or a stationary container with a spray system (automatic or manual);

(f) Cargo containers for shipment to consumers of controlled substances and mixtures containing controlled substances, in particular, include (capacity indicated for illustration);

i) tanks on ships; ii) railway tanks (10-40 metric tons); iii) tanker trucks (up to 20 metric tons); iv) cans with a capacity from 0.4 kilograms to one metric ton; v) barrels (5-300 kilograms);

(g) Since containers of all sizes are used for the transport of both raw materials and finished products, the size distinction does not correspond to the definition in the Protocol. Similarly, since containers for raw materials or finished products can be designed for multiple or one-time use, the indication of the possibility of their repeated use is not sufficient for a logically coherent definition.;

(h) If the purpose of the container is used as the basis for the definition, as provided for in the Protocol, products containing CFCs or halons, such as aerosol cans and fire extinguishers, whether portable or mobile, are excluded from the definition because the release of substances from such containers itself constitutes targeted use.

The SECOND MEETING OF THE PARTIES, in DECISION II/4, decided to clarify the definition of a "controlled substance" in paragraph 4 of Article 1 of the Protocol so that it explicitly includes isomers of such substances, with the exception of those defined in the relevant annexes.

The FOURTH MEETING OF THE PARTIES, in DECISION IV/12, decided:

1. The definition of the term "controlled substance" contained in paragraph 4 of Article 1 of the Montreal Protocol does not apply to small amounts of controlled substances that result from unintentional or accidental production during the manufacturing process, the use of unprocessed raw materials or their use as chemicals present in chemicals in the form of microfields, or are released into the process of production and transportation of products;

2. To call on the Parties to take steps to minimize emissions of such substances, including by preventing emissions, reducing emissions using practically applicable control technologies or making changes in the production process, as well as reducing and eliminating the effects of emissions;

3. Propose to the Technology and Economic Assessment Panel:

a) make an estimate of the total emissions resulting from the presence of trace elements, the production process and losses during transportation;

(b) To present their benefits to the Open-ended Working Group of the Parties to the Montreal Protocol no later than March 31, 1994.

The THIRD MEETING OF THE PARTIES, in DECISION III/8, decided:

(a) Request the Technology and Economic Assessment Panel (acting in accordance with decision II/13 of the Second Meeting of the Parties to the Montreal Protocol) to compile a list of full and final trade names, including any numeric designations of substances controlled by the Montreal Protocol and the Montreal Protocol as amended, including mixtures containing controlled substances, and to submit this list to The Secretariat by the end of November 1991;

(b) Request the Secretariat to distribute the list provided for in subparagraph (a) above to all Parties to the Montreal Protocol by the end of March 1992.

The FOURTH MEETING OF THE PARTIES, in DECISION IV/10, decided:

To take note of the list of trade names of controlled substances compiled by the Technology and Economic Assessment Panel and sent by the secretariat to all Governments in March 1992.

The FIRST MEETING OF THE PARTIES, in DECISION I/12 B, decided:

(a) Agree on the following clarification of the definition of the term "manufactured controlled substances" in paragraph 5 of article 1:

The term "production controlled substances", as used in paragraph 5 of Article 1, refers to the estimated level of controlled substances produced by that Party, minus the estimated level of controlled substances used entirely as a starting material in the production of other chemicals. The calculated level of controlled substances obtained from used controlled substances through the process of recirculation or recovery is also excluded from the concept of "produced controlled substances".;

(b) Each Party should establish reporting procedures to comply with this definition.

The FIRST MEETING OF THE PARTIES, in DECISION I/12F, also agreed on the definition of destruction:

(a) Agree on the following clarification of this definition in paragraph 5 of Article 1 of the Protocol:

"The destruction process is a process that, when applied to controlled substances, leads to the permanent transformation or decomposition of such substances or a significant part of them.;

(b) To request the Technical Assessment Team to begin consideration of this issue, so that the Parties will return to it at their second and subsequent meetings in order to determine whether it is necessary to establish a standing technical committee to review and recommend for approval by the Parties the transformation and decomposition, as well as to determine the amount of controlled substances that they undergo transformation or decomposition using each method.

With regard to destruction technologies, the SECOND MEETING of THE PARTIES, in DECISION II/11, decided:

To establish a special technical advisory committee on destruction technologies and appoint its chairman, who, in consultation with the secretariat, will appoint up to nine other members based on nominations proposed by the Parties. Members should be experts in the field of disruptive technologies and should be selected with due regard to equitable geographical representation. The Committee analyzes destruction technologies and evaluates their effectiveness and environmental acceptability, and develops criteria for their approval and measurement methods. The Committee regularly submits reports to the meetings of the Parties.

The THIRD MEETING OF THE PARTIES, in DECISION III/10, noted the formation of the Ad Hoc Technical Advisory Committee on Destruction Technologies established by the second meeting of the Parties and requested the Committee to submit a report to the Secretariat for further submission to the Fourth Meeting of the Parties in 1992 at least four months before the scheduled start date of the meeting.

The FOURTH MEETING OF THE PARTIES, in DECISION IV/11, decided:

1. To take note of the report of the Ad Hoc Technical Advisory Committee on Destruction Technologies and, in particular, the recommendations set out therein;

2. For the purposes of paragraph 5 of Article 1 of the Protocol, approve those destruction technologies listed in annex VI to the report of the Fourth Meeting of the Parties (see annex XVI of these Guidelines) that are applied in accordance with the proposed minimum standards set out in annex VII to the report of the Fourth Meeting of the Parties (see annex XVII of these Guidelines), except in cases where when the current internal regulations are similar;

3. To call on all Parties that operate or plan to start operating installations for the destruction of ozone-depleting substances:

(a) Ensure that destruction facilities are operated by them in accordance with the Code of Good Practice set out in section 5.5 of the report of the Ad Hoc Technical Advisory Committee on Destruction Technologies, except in cases where the current domestic practice is similar; and

(b) For the purposes of paragraph 5 of Article 1, to provide annually, in their reports submitted pursuant to Article 7 of the Protocol, statistical data on the actual number of ozone-depleting substances they have destroyed, calculated on the basis of the destruction efficiency indicator possessed by the facility in operation.;

4. To clarify that the determination of the effectiveness of destruction does not relate to the destruction plant as a whole, but to the initial and final products of the destruction process itself.;

5. Request the Technology and Economic Assessment Panel to involve experts, as appropriate:

(a) Re-evaluate the potential destruction of ozone-depleting substances;

b) evaluate new technologies being created;

(d) Explore ways to increase the number of such destruction facilities and make them available to developing countries that do not have such facilities or are unable to operate them themselves;

6. List approved destruction technologies in annex VI to the report of the Fourth Meeting of the Parties; 7. Facilitate access to and transfer of approved destruction technologies in accordance with Article 10, while providing financial support under Article 10 of the Protocol to Parties operating under paragraph 1 of Article 5.

(e) Examples of use systems considered as products for the purposes of paragraph (A) of Article 1 include, in particular::

(f) Cargo containers for shipment to consumers of controlled substances and mixtures containing controlled substances, in particular, include (capacity indicated for illustration);

i) tanks on ships; ii) railway tanks (10-40 metric tons); iii) tanker trucks (up to 20 metric tons); iv) cans with a capacity from 0.4 kilograms to one metric ton; v) barrels (5-300 kilograms);

The SECOND MEETING OF THE PARTIES, in DECISION II/4, decided to clarify the definition of "controlled substance" in paragraph 4 of Article 1 of the Protocol so that it explicitly includes isomers of such substances, except those defined in the relevant annexes.