DECREE NO. 5,280 OF November 22, 2004

Promults the texts of the Emendas to the Montreal Protocol on Substances that Destrode the Ozone Layer, approved in Montreal on September 17, 1997, at the end of the Nona Meeting of the Parties, and, in Beijing, on December 3, 1999 on the occasion of the Tenth First Meeting of the Parties.

THE PRESIDENT OF THE REPUBLIC, at the use of the assignment that gives you the art. 84, inciso IV, of the Constitution, and

Whereas the National Congress passed the texts of the Amendment to the Montreal Protocol on Substances that Destrost the Ozone Layer, by means of the Legislative Decree no. 212, of May 20, 2004;

Whereas these Emendas came into force for Brazil, on September 28, 2004, pursuant to paragraph 3 of its Article 3;

DECRETA:

Art. 1º The Amendments to the Montreal Protocol on Substances that Destrost the Ozone Layer, appended by copy to the present Decree, will be executed and fulfilled as entirely as it contains.

Art. 2º Are subject to the approval of the National Congress any acts that may result in revision of the said Amendment or that carries charges or gravy commitments to the national heritage, pursuant to art. 49, inciso I, of the Federal Constitution.

Art. 3º This Decree comes into force on the date of its publication.

Brasilia, November 22, 2004; 183º of Independence and 116º of the Republic.

LUIZ INACIO LULA DA SILVA

Celso Luiz Nunes Amorim

Amendment to the Montreal Protocol Aendowed by the Nona Meeting of the Parties
(Montreal, on September 17, 1997)

Article 1
Amendment

A. Article 4, paragraph 1 qua.

The following paragraph shall be inserted after paragraph 1 having of Article 4 of the Protocol:

1 qua. One year after the entry into force of this paragraph, each Party shall prohibit the importation of the constant controlled substance of Annex E of any State that is not a Party to this Protocol.

B. Article 4, paragraph 2 qua

The following paragraph shall be inserted after paragraph 2 has of Article 4 of the Protocol:

2 qua. One year after the entry into force of this paragraph, each Party shall prohibit the export of the constant controlled substance of Annex E to any State that is not a Party to this Protocol.

C. Article 4, paragraphs 5, 6 and 7

In paragraphs 5, 6 and 7 of Article 4 of the Protocol, the words:

and Group II of Annex C

shall be replaced by:

Group II of Annex C and Annex E

D. Article 4, paragraph 8

In paragraph 8 of Article 4 of the Protocol, the words:

Article 2G

will be replaced by:

Articles 2G and 2H

E. Article 4A: Control of Trade with the Parties

The following Article will be added to the Protocol as Article 4A:

1. When, after the exhaustion of the limit date applicable to a given controlled substance, a Party, even though it has taken all feasible arrangements for so much, is unable to fulfil its commitment, under the Protocol, to cease production of that substance for domestic consumption in uses other than those agreed upon by the Parties as being of an essential nature, the Party should prohibit the export of any quantities used, recycled or repurposed of that substance, other than for purposes of its destruction.

2. Paragraph 1 of this Article shall be applied, without prejudice to the operation of Article 11 of the Convention and of the non-compliance procedure developed within the framework of Article 8 of the Protocol.

F. Article 4B: Licensing

The Article below will be added to the Protocol as Article 4B:

1. Each Party shall, until January 1, 2000 or up to three months after the entry into force of this Article, what comes after, establish and implement, in Annexes A, B, C and E, a licensing system for imports and exports of substances controlled new, used, recycled and repurposed.

2. Notwithstanding paragraph 1 of this Article, any Party acting under paragraph 1 of Article 5 that decides that it is not in a condition to establish and implement a system of licensing the imports and exports of the controlled substances in Annexes C and E will be able to postpone these initiatives until January 1, 2005 and January 1, 2002, respectively.

3. Each Party shall, within three months after the date of introduction of the licensing system, inform the Registry with respect to the establishment and operation of the system.

4. The Registry will periodically prepare and circulate to all Parties a list of Parties that have already informed about their licensing systems and should forward this information to the Implementation Committee for consideration and presentation of the appropriate recommendations to the Parties.

Article 2
Relation to the Amendment of 1992

No nation or regional economic integration organization will be able to deposit a rectification instrument, acceptance, approval, or adherence to this Amendment unless it has, prior to or simultaneously, done the same for the Amendment adopted at the Fourth Meeting of the Parties in Copenhagen, November 25, 1992.

Article 3
Entry into Vigor

1. This Amendment will enter into force on January 1, 1999, provided that at least twenty instruments of ratification, acceptance or approval of the Amendment have been deposited by the states or by regional economic integration organizations that are Parts of the Montreal Protocol on Substances that Prejudicate the Ozone Layer. In the event that this condition has not been met until that date, the Amendment shall enter into force on the nineteenth day after the date on which the condition was met.

2. For the purposes of paragraph 1, any instrument of this nature deposited by a regional organization of economic integration will not be computed as additional to the instruments deposited by the member states of that organization.

3. After the entry into force of this Amendment, as determined by paragraph 1, it shall enter into force for any other Party of the Protocol on the ninth day after the date of deposit of its instrument of ratification, acceptance or approval.

Amendment to the Montreal Protocol agreed upon by the Tenth First Meeting of the Parties
(Beijing, on December 3, 1999)

Article 1
Amendment

A. Article 2nd, paragraph 5th

In the 5th paragraph of the Article 2nd of the Protocol, the words:

Articles 2A up to 2E

Will be replaced by the words:

Articles 2A up to 2F

B. Article 2nd, paragraphs 8 (a) and 11

In paragraphs 8 (a) and 11 of Article II of the Protocol, the words:

Articles 2A up to 2H

Will be replaced by the words:

Articles 2A up to 2I

C. Article 2F, paragraph 8th

The following paragraph shall be added after the paragraph of Article 2F of the Protocol:

Each Party that produces one or more of these substances shall ensure that during the period of twelve months from to 2004, and in each subsequent period of twelve months, its calculated level of production of the controlled substances of Group I of Annex C shall not exceed, annually, the average of:

The sum of the calculated level of consumption in 1989 of the controlled substances of Group I of Annex C and two comma eight percent of the calculated level of consumption in 1989 of the controlled substances of Group I of Annex A; and

A sum of the calculated level of production in 1989 of the controlled substances of Group I of Annex C and two comma eight percent calculated level of production in 1989 of the controlled substances of Group I of Annex A.

No however in order to meet the basic domestic needs of the Parties operating under paragraph of the 5th Article, its calculated level of production may exceed that limit by up to fifteen percent of its calculated level of production of the controlled substances of Group I of Annex C in the form set out above.

D. Article 21

The following Article will be inserted after Article 2H of the Protocol:

Article 21: Bromochloromethane

Each Party shall ensure that during the period of twelve months as of , in each subsequent period of twelve months, its calculated level of production of the controlled substance of Group III of Annex C will not exceed zero. This paragraph shall apply unless the Parties decide to allow the level of production and consumption required to meet the uses agreed upon by the same as being essential.

E. Article 3rd

No Article 3rd of the Protocol, the words:

Articles 2, 2A up to 2H

Will be replaced by the words:

Articles 2, 2A up to 2I

F. Article 4th, paragraphs 1 quin and 1 Fri.

The following paragraphs will be added to the Article 4th of the Protocol after paragraph 1 qua:

1 quin. As of , each Party shall prohibit the importation of the controlled substances of Group I of Annex C from any State other than a Party to this Protocol.

1 Fri. Within a period of one year following the entry into force of this paragraph, each Party shall prohibit the importation of the controlled substance of Group III of Annex C to any state other than a Party to this Protocol.

G. Article 4th, paragraphs 2 quin and 2 Fri.

The following paragraphs will be added to the Article 4th of the Protocol after paragraph 2 qua:

2 quin. As of , each Party shall prohibit the export of the controlled substances of Group I of Annex C of any State other than a Party to this Protocol.

2 Fri. Within a period of one year from the date of entry into force of this paragraph, each Party shall prohibit the export of the controlled substance of Group III of Annex C to any State other than a Party to this Protocol.

H. Article 4th, paragraphs 5th to the 7th

In paragraphs 5th to the 7th of Article 4th of the Protocol the words:

Attachments A and B, Group II of Annex C and Annex E

Will be replaced by the words:

Attachments A, B, C and E

I. Article 4th, paragraph 8th

In paragraph 8th of Article 4th of the Protocol the words:

Articles 2A up to 2E, Articles 2G and 2H

Will be replaced by the words:

Articles 2A up to 2I

J. Article 5th, paragraph 4th

In paragraph 4th of Article 5th of the Protocol the words:

Articles 2A up to 2H

Will be replaced by the words:

Articles 2A up to 2I

K. Article 5th, paragraph 5th and 6th

In paragraphs 5th and 6th of the Article of the Protocol the words:

Articles 2A up to 2E

Will be replaced by the words:

Articles 2A up to 2E and Article 2I

L. Article 5th, paragraph 8 ter (a)

The following sentence will be added to the end of subparagraph 8 having (a) of the Article 5th of the Protocol:

As of , each Party that operates in the scope of paragraph 1st of this Article will comply with the control measures determined in paragraph 8th of Article 2F and, as a basis for their compliance with these control measures, will use the average of their calculated levels of production and consumption in 2015.

M. Article 6th

In the Article 6th of the Protocol the words:

Articles 2A up to 2H

Will be replaced by the words:

Articles 2A up to 2I

N. Article 7th, paragraph 2nd

In paragraph 2nd of Article 7th of the Protocol the words:

Attachments B and C

Will be replaced by the words:

Annex B and Groups I and II of Annex C

O. Article 7th, paragraph 3rd

The following sentence will be added after the first sentence of paragraph 3rd of Article 7th of the Protocol:

Each Party shall provide the Secretariat with statistical data on the annual amount of the controlled substance of Annex E used for quarantine and pre-boarding applications.

P. Article 10

In paragraph 10 of Article 10 of the Protocol the words:

Articles 2A up to 2E

Will be replaced by the words:

Articles 2A up to 2E and Article 2I

Q. Article 17

In Article 17 of the Protocol the words:

Articles 2A up to 2H

Will be replaced by the words:

Articles 2A up to 2I

R. Annex C

The following group will be added to Annex C of the Protocol

Article 2
Relation with Amendment of 1997

No state or regional economic integration organization will be able to deposit an instrument of ratification, acceptance, approval or accession to the present Amendment if it has not deposited prior or simultaneously, an instrument of the same nature with respect to the Amendment adopted at the Nona Meeting of the Parties in Montreal on September 17, 1997.

Article 3
Input in Vigor

1. The present Amendment shall enter into force on the date of , provided that at least twenty instruments of ratification, acceptance or approval of the Amendment have been deposited by states or regional economic integration organizations that are Parties to the Montreal Protocol on Substances that Destrode the Ozone Layer. If this requirement is not met until that date, the Amendment shall enter into force on the nineteenth day after the date on which it has been fulfilled.

2. For the purposes of paragraph 2, any instrument of that nature deposited by a regional economic integration organization will not be computed as additional to those deposited by member states of the organization in question.

3. After the entry into force of the present Amendment, in the form provided for in paragraph , it shall enter into force for any other Party of the Protocol on the ninth day after the date of the deposit of its instrument of ratification, acceptance or approval.