22 MARCH 2006. - An Act to Enact the Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer, made in Beijing on 3 December 1999 (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer, made in Beijing on 3 December 1999, will release its full effect.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 22 March 2006.
ALBERT
By the King:
Minister of Foreign Affairs,
K. DE GUCHT
Minister of the Environment,
B. TOBBACK
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Notes
(1) Session 2005-2006
Senate
Documents. - Bill tabled on 20 December 2005, No. 3-1489/1. Report, No. 3-1489/2.
Annales parliamentarians. - Discussion and voting. Session of February 2, 2006.
House of Representatives
Documents. - Project transmitted by the Senate, No. 51-2248/1. - Text adopted in plenary and subject to Royal Assent, No. 51-2248/2.
Annales parliamentarians. - Discussion and voting. Session of February 23, 2006.

Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer
ARTICLE 1^er
Amendment
A. Article 2, paragraph 5
In paragraph 5 of Article 2 of the Protocol, replace the words:
Article 2A to Article 2E
by words:
Articles 2A to 2F
B. Article 2, paragraph 8 (a) and 11
In paragraphs 8 (a) and 11 of Article 2 of the Protocol, replace the words:
Articles 2A to 2H
by words:
Articles 2A to 2I
C. Article 2F, paragraph 8
After paragraph 7 of Article 2F of the Protocol, add the following paragraph:
8. During the twelve-month period beginning 1^er January 2004, then for each twelve-month period that follows, each Party producing one or more of these substances shall ensure that its calculated level of production of controlled substances in Group I of the Annex C does not exceed the average of:
(a) The sum of its calculated consumption level in 1989 of Annex C Group I controlled substances; 2.8% of its calculated consumption level in 1989 of Annex A Group I controlled substances;
(b) The sum of its calculated level of production in 1989 of Annex C Group I controlled substances; 2.8% of its calculated level of production in 1989 of Annex A Group I controlled substances.
However, to meet the basic domestic needs of Parties operating under paragraph 1 of Article 5, its calculated level of production may exceed this limit by a maximum of 15% of its calculated level of production of the controlled substances of Group I of Annex C as defined above.
D. Article 2I
Insert the following article after Article 2H of the Protocol.
ARTICLE 2I
Bromochloromethane
During the twelve-month period commencing on January 1, 2002 and thereafter for each twelve-month period thereafter, each Party shall ensure that its calculated levels of consumption and production of controlled substances in Group III of Schedule C are equal to zero. This paragraph will apply, unless the Parties decide to authorize the level of production or consumption that is necessary to meet the needs for use that they agree are essential.
E. Article 3
In Article 3 of the Protocol, replace the words:
Articles 2, 2A to 2H
by words:
Articles 2, 2A to 2I
F. Article 4, paragraphs 1quinquies and 1sexies
After paragraph 1quater, add the following paragraphs:
1 quicker. From 1^er January 2004, each Party prohibits the importation of controlled substances of Group I of Annex C from any State not Party to this Protocol.
1sexies. Within one year from the date of entry into force of this paragraph, each Party shall prohibit the importation of controlled substances of Annex C Group III from any State that is not a Party to this Protocol.
G. Article 4, paragraphs 2quinquies and 2exies
After paragraph 2quater, add the following paragraphs:
That's two. From 1^er January 2004, each Party prohibits the importation of controlled substances of Group I of Annex C from any non-Party State to this Protocol.
2 sexies. Within one year from the date of entry into force of this paragraph, each Party shall prohibit the importation of controlled substances of Annex C Group III from any State that is not a Party to this Protocol.
H. Article 4, paragraphs 5 to 7
In paragraphs 5 to 7 of Article 4 of the Protocol, replace the words:
Annexes A and B, Annex C Group II and Annex E
by words:
Annexes A, B, C and E
I. Article 4, paragraph 8
In paragraph 8 of Article 4 of the Protocol, replace the words:
Articles 2A to 2E, Articles 2G and 2H
by words:
Articles 2A to 2I
J. Article 5, paragraph 4
In paragraph 4 of Article 5 of the Protocol, replace the words:
Articles 2A to 2H
by words:
Articles 2A to 2I
K. Article 5, paragraphs 5 and 6
In paragraphs 5 and 6 of Article 5 of the Protocol, replace the words:
Articles 2A to 2E
by words:
Articles 2A to 2E and 2I
L. Article 5, paragraph 8ter (a)
Add to the end of paragraph 8 ter (a) of Article 5 of the Protocol the following sentence:
From 1^er January 2016, each Party referred to in paragraph 1^er observes the regulatory measures specified in paragraph 8 of Article 2F, and on the basis of its compliance with these regulatory measures used the average of its calculated levels of production and consumption in 2015.
M. Article 6
In Article 6 of the Protocol, replace the words:
Articles 2A to 2H
by words:
Articles 2A to 2I
N. Article 7, paragraph 2
In paragraph 2 of Article 7 of the Protocol, replace the words:
Annexes B and C
by words:
Appendix B and Groups I and II of Appendix C
O. Article 7, paragraph 3
Add the following sentence after the first sentence of Article 7, paragraph 3, of the Protocol:
Each Party shall provide the Secretariat with statistical data on the quantity of the controlled substance listed in Appendix E used annually for quarantine and pre-shipment treatments;
P. Article 10
Paragraph 1^er the words:
Articles 2A to 2E
by words:
Articles 2A to 2E and article 21
Q. Article 17
In Article 17 of the Protocol, replace the words:
Articles 2A to 2H
by words:
Articles 2A to 21
R. Annex C
In Annex C to the Protocol, add the following Group:
For the consultation of the table, see image
ARTICLE 2
Relations with the 1997 Amendment
No State or regional economic integration organization may deposit an instrument of ratification, acceptance or approval of this Amendment or accession to this Amendment, if it has not previously, or simultaneously, deposited such an instrument to the Amendment adopted by the Parties at their ninth Meeting in Montreal on 17 September 1997.
ARTICLE 3
Entry into force
1. This Amendment shall enter into force on 1^er January 2001, subject to the deposit of at least 20 instruments of ratification, acceptance or approval of the Amendment by States or regional economic integration organizations that are Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer. If, on that date, this condition has not been met, this Amendment will enter into force on the ninetieth day after the date on which this condition has been met.
2. For the purposes of paragraph 1^ernone of the instruments deposited by a regional economic integration organization shall be considered as an instrument to be added to the instruments already deposited by the member States of that organization.
3. Added to its entry into force, as provided for in paragraph 1^erthis instrument shall enter into force for any other Party to the Protocol on the ninetieth day after the date of deposit of its instrument of ratification, acceptance or approval.

Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer, made at Beijing on 3 December 1999
For the consultation of the table, see image