Act 29, 1992

Original Language Title: LEY 29 de 1992

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29, 1992

(December 28)

Official Journal No 40,699 of 29 December 1992

By means of which the "Montreal Protocol on the depleting substances of the ozone layer", signed in Montreal on 16 September 1987, is approved, with its amendments adopted in London on 29 June 1990 and in Nairobi on 21 June 1991.

THE CONGRESS OF COLOMBIA,

Having regard to the text of the "Montreal Protocol on the Ozone Layer of the Ozone Layer", signed in Montreal on 16 September 1987, with its amendments adopted in London on 29 June 1990 and in Nairobi on 21 June 1991.

(To be transcribed: photocopies of the full text of the international instrument mentioned, duly authenticated by the Legal Undersecretary of the Ministry of Foreign Affairs).

MONTREAL PROTOCOL ON DEPLETING SUBSTANCES

OZONE LAYER 1987

The Parties to this Protocol,

Whereas they are parties to the Vienna Convention for the Protection of the Ozone Layer,

aware that, under the Convention, they have an obligation to take appropriate measures to protect human health and the environment from harmful effects arising from or may result from human activities which modify or can modify the ozone layer,

Recognizing the possibility that the emission of certain substances, which occurs worldwide, can deplete the ozone layer considerably and modify it in some other way, with the possible harmful effects on health and the environment. environment,

Aware of the possible climate effects of emissions from these substances,

aware that the measures taken to protect the ozone layer from depletion should be based on the progress made in the field of scientific knowledge and take account of economic and technical considerations,

Determined to protect the ozone layer by adopting preventive measures to equitably control total global emissions that deplete it, with the ultimate goal of eliminating them, based on the advances recorded in the sphere of scientific knowledge and taking into account considerations of an economic and technical nature,

Recognising that special provisions need to be made to meet the needs of developing countries for these substances,

Observing preventive measures to control the emissions of certain chlorofluorocarbons that have already been taken at the national and regional levels,

having regard to the importance of promoting international cooperation in the research and development of science and technology for the control and reduction of emissions of ozone depleting substances, taking into account in particular the needs of developing countries,

Have agreed to the following:

ULO1O. DEFINITIONS. For the purposes of this Protocol,

1. The "Convention" means the Vienna Convention for the Protection of the Layer of Ozone, adopted in Vienna on 22 March 1985.

2. 'Parties' shall mean, at the hands of the text, otherwise specified, the Parties to this Protocol.

3. The Secretariat of the Vienna Convention shall be understood by the Secretariat.

4. 'Controlled substance' means a substance listed in Annex A to this Protocol either being present in isolation or in a mixture incorporated in a manufactured product other than a container used for transport or storage of the listed substance.

5. 'Production' means the quantity of controlled substances produced minus the quantity of substances destroyed by the techniques approved by the Parties.

6. "Consumption" means production plus imports minus exports of controlled substances.

7. 'calculated levels' of production, import, export and consumption shall mean the corresponding levels determined in accordance with Article 3.

8. 'Industrial rationalisation' means the transfer of the total or a part of the calculated level of production from one Party to another, for economic efficiency or for responding to expected production deficits as a result of the closure of industrial plants.

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ARTICLE 2o. CONTROL MEASURES. 1. Each party shall ensure that, in the period of 12 months from the first day of the seventh month following the date of entry into force of this Protocol, and in each successive 12-month period, its calculated level of consumption of the controlled substances listed in Group I of Annex A does not exceed their calculated level of consumption in 1986. At 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 production level of 1986, with the exception that such a level cannot be increased by more than 10% on the level of 1986.  Such an increase shall be permitted only for the purpose of satisfying the internal basic needs of the Parties operating under Article 5 or for the purpose of industrial rationalization between the Parties.

2. Each Party shall ensure that, in the period of 12 months from the first day of the thirtieth month following the date of entry into force of this Protocol, and in each successive twelve-month period, its calculated level of consumption of the controlled substances listed in Group II of Annex A does not exceed their calculated level of consumption in 1986. 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, with the exception that this level may not have increased by more than 10%. of the level of 1986. Such an increase shall be permitted only for the purpose of satisfying the internal basic needs of the Parties operating under Article 5 or for the purpose of industrial rationalization between the Parties. The mechanism for the implementation of these measures shall be decided at the first meeting of the Parties after the first scientific examination.

3. Each Party shall ensure that, in the period from 1 July 1993 to 30 June 1994, and for each successive period of 12 months, its calculated level of consumption of the controlled substances listed in Group I of Annex A does not exceed 80% of its calculated level of consumption in 1986. Each Party producing one or more of these substances shall ensure that, by the same date, its calculated level of production of the substances does not increase annually by more than 80% of its calculated level of production in 1986. However, in order to satisfy the internal requirements of the Parties operating under Article 5 or, for the purpose of industrial rationalization between the Parties, their calculated level of production may exceed that limit by up to 10% of their level of production in 1986.

4. Each Party shall ensure that, in the period from 1 July 1998 to 30 June 1999, and for each successive period of 12 months, its calculated level of consumption of the controlled substances listed in Group I of Annex A does not exceed 50% of its calculated level of consumption for 1986. Each Party producing one or more of these substances shall, in the same way, ensure that its level of production of these substances does not exceed 50% of its production level in 1986. However, in order to be able to satisfy the internal basic needs of the Parties operating under Article 5o, and in order to achieve industrial rationalization between the Parties, their calculated level of production may exceed that limit. up to 15% of its calculated level of production in 1986. This paragraph shall be applicable subject to the reservation that at some meeting the Parties shall decide otherwise by a two-thirds majority of the Parties present and voters representing at least two-thirds of the total calculated level of consumption of those Parties. substances of the Parties. This decision shall be considered and adopted in the light of the evaluations referred to in Article 65. For the purposes of industrial rationalization, any Party whose calculated level of 1986 production of the controlled substances of Group I of Annex A is less than 25 kilotons/year may transfer to any other Party or receive from it production exceeding the limits provided for in paragraphs 1, 3 and 4, provided that the total calculated and combined production of the Parties concerned does not exceed the production limitations prescribed in this Article.

6. Any Party which does not operate under Article 5o and which has under construction or contracted before 16 September 1987 installations for the production of controlled substances listed in Annex A, and which are provided for in its laws Before 1 January 1987, the national authorities may add, for the purposes of this Article, the production of such installations at their base in 1986, provided that those installations have been completed on 31 December 1990 and the production does not increase by more than 0,5 kilograms the annual per capita consumption of the controlled substances of that Part.

7. Any transfer of production in accordance with paragraph 5 shall be notified to the Secretariat at the latest at the time of the transfer.

8. (a) Parties which are a Member State of a regional economic integration organization, as defined in Article 1 (6) of the Convention, may agree that, pursuant to that Article, they shall jointly meet their obligations, subject to that both their production and the combined total consumption does not exceed the levels laid down in that Article.

(b) The Parties to an agreement of that nature shall inform the Secretariat of the conditions of the agreed upon arrival, before the date of reduction of the production or consumption of the agreement.

(c) Such an agreement shall take effect only if all the Member States of the regional economic integration organisation and the body concerned are Parties to the Protocol and have notified the Secretariat of its implementing mode.

9. (a) On the basis of the evaluations carried out in accordance with Article 6, the Parties may decide:

(i) whether or not the ozone depletion potentials provided for in Annex A need to be adjusted and, if appropriate, what adjustments to be made;

(ii) whether new adjustments and reductions in production or consumption of controlled substances should be made in respect of the levels of 1986 and, if so, the extent, size and timeliness of such adjustments and reductions.

(b) The Secretariat shall notify the Parties of the adjustment proposals at least six months before the meeting of the Parties in which they are proposed for adoption.

c) In taking such decisions, the Parties shall do so as soon as possible to reach agreement by consensus. If it has not been possible to reach it, the decision shall ultimately be adopted by a two-thirds majority of the Parties present and voters representing at least 50% of the total consumption of controlled substances of the Parties.

(d) The Depositary shall immediately notify the decision of the Parties, which shall be binding on all Parties. Unless otherwise stated in the decision, it shall enter into force after six months from the date on which the Depositary has made the notification.

10. (a) On the basis of the evaluations carried out in accordance with Article 6 or in accordance with the procedure laid down in Article 9 of the Convention, the Parties may decide:

i) which substances should be added, inserted or removed from any of the Annexes to this Protocol; and

(ii) the mechanism, scope and timeliness of the control measures to be applied to these substances;

(b) Such a decision shall enter into force as long as it has been accepted by the vote of a majority of the two-thirds of the Parties present and voting.

11. However, the provisions of this Article do not prevent the Parties from adopting more stringent measures than those provided for in this Article.

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ARTICLE 3o. CALCULATION OF THE CONTROL LEVELS. For the purposes of Articles 2 and 5, each Party shall determine, for each Group of substances listed in Annex A, its calculated levels of:

a) Production, by:

i) the multiplication of their annual production of each controlled substance by the ozone depletion potential determined in respect of this substance in Annex A; and

ii) the sum, for each group of substances, of the corresponding figures.

(b) Imports and exports, respectively, applying, mutatis mutandis, the procedure laid down in point (a); and

(c) Consumption by the sum of its calculated levels of production and imports and by subtracting its calculated level of exports, as determined in accordance with (a) and (b). However, from 1 January 1993 no export of controlled substances to States which are not a Party to the Protocol may be deducted for the purpose of calculating the level of consumption of the exporting Party.

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ARTICLE 4. CONTROL OF TRADE WITH NON-PART STATES. 1. Within a year of the entry into force of this Protocol, each Party shall prohibit the importation of controlled substances from any State other than Party to it.

2. From 1o. of January 1993, no Party operating under paragraph 1 of Article 5o may export controlled substances to States which are not a Party to this Protocol.

3. Within three years of the date of entry into force of this Protocol, the Parties shall draw up, on the basis of an Annex and in accordance with the procedures laid down in Article 10 of the Convention, a list of products which contain controlled substances. A year after the entry into force of that Annex, Parties which have not objected to it in accordance with those procedures shall prohibit the importation of such products from any State which is not a Party to this Protocol.

4. Within five years of the entry into force of this Protocol, the Parties shall determine the possibility of prohibiting or restricting the importation of processed products, but which do not contain controlled substances, originating in any State which is not a Party to this Protocol. If they consider it possible, the Parties shall draw up, in accordance with the procedures laid down in Article 10 of the Convention, a list of such products. One year after the entry into force of that Annex, Parties which have not objected to it in accordance with those procedures shall prohibit or restrict the importation of such products from any State other than Party to this Protocol.

5. Any Party shall discourage the export to any State other than Party to this Protocol of Technology for the Production and Use of Controlled Substances.

6. The Parties shall refrain from granting new grants, aid, credits, guarantees or insurance programmes for export to States other than Parties to this Protocol, of products, equipment, industrial plants or technologies that could facilitate the production of controlled substances.

7. The provisions of paragraphs 5 and 6 shall not apply to products, equipment, industrial plants or technologies which improve the safe storage, recovery, recycling or destruction of controlled substances, encourage the development of other products, replacement substances or which in any way contribute to the reduction of emissions of controlled substances.

8. By way of derogation from this Article, the imports referred to in paragraphs 1, 3 and 4 may be permitted from any State which is not a Party to this Protocol if it is determined at a meeting of the Parties that that State complies Article 2o, as well as this Article, has been provided for in this Article and has also provided data for that purpose, as provided for in Article 7.

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ARTICLE 5o. SPECIAL SITUATION OF DEVELOPING COUNTRIES. 1. In order to address their internal basic needs, any Party which is a developing country and whose annual consumption of controlled substances is less than 0,3 kilograms per capita at the date of entry into force of the Protocol, in respect of that country, or at any later time within ten years from the date of entry into force of the Protocol, shall be entitled to defer compliance with the control measures provided for in paragraphs 1 to 4 of Article 2 for 10 years, from the year specified in those paragraphs. However, such a Party may not exceed an estimated annual consumption level of 0,3 kilograms per capita. As a basis for compliance with control measures, such a country shall have the right to use either the average of its calculated annual consumption level for the period 1995-1997 inclusive, or a calculated level of consumption of 0,3 kilograms per year. capital, if the latter is less.

2. The Parties undertake to facilitate access to alternative substances and technologies, which provide guarantees of environmental protection to Parties that are developing countries, and to assist them in accelerating the use of such alternatives.

3. The Parties undertake to facilitate, bilaterally or multilaterally, the granting of grants, assistance, credits, guarantees or insurance programs to the Parties that are developing countries, to use alternative technologies and products substitutives.

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ARTICLE 6o. ASSESSMENT AND EXAMINATION OF CONTROL MEASURES. As from 1990, and at least every four years thereafter, the Parties shall evaluate the control measures provided for in Article 2, taking into account scientific, environmental and technical information. and the economic sector at their disposal. At least one year before making such assessments, the Parties shall convene appropriate groups of competent experts in the above areas to determine the composition and powers of such expert groups. These, within the maximum period of one year, to be counted from their meeting, and through the secretariat, will have to report to the Parties.

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ARTICLE 7o. DATA DISPLAY. 1. Any relevant Party shall provide the Secretariat within three months of the date on which it has been incorporated in Part, statistical data on its production, imports and exports of controlled substances to the Secretariat. 1986 or the most reliable estimates of such data, where they are not available.

2. Each Party shall provide the secretariat with statistical data for its production (with data broken down from quantities destroyed by technologies approved by the Parties), exports and annual imports of such substances to the Secretariat. the year in which it is in part, as well as for each of the following years. At the latest, it will notify data nine months from the end of the year to which it refers.

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ARTICLE 8o. FAILURE. At its first regular meeting, the Parties shall examine and approve institutional procedures and mechanisms to determine the non-compliance with the provisions of this Protocol and to act on the Parties that do not have complied with the prescribed.

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ARTICLE 9o. RESEARCH, DEVELOPMENT, EXCHANGE OF INFORMATION AND PUBLIC AWARENESS. 1. The Parties shall cooperate, in accordance with their national laws, regulations and practices, taking into account in particular the needs of developing countries, to promote, directly and through the competent international bodies, the research, development and exchange of information on:

(a) The most suitable technologies to improve the safe storage, recovery, recycling or destruction of controlled substances or to reduce emissions of controlled substances;

b) Possible alternatives of controlled substances, of products containing these substances and those manufactured with them;

c) Costs and benefits of the corresponding control strategies.

2. The Parties, individually or collectively or through the competent international bodies, shall cooperate in order to alert public awareness to the effects of the emissions of controlled substances and other depleting substances from the Ozone layer has for the environment.

3. Within two years of the entry into force of this Protocol and every two years thereafter, each Party shall submit to the Secretariat a summary of the activities carried out in accordance with the provisions of this Article.

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ARTICLE 10. TECHNICAL ASSISTANCE. 1. The Parties shall cooperate, as provided for in Article 4 of the Vienna Convention, in the promotion of technical assistance to facilitate participation in this Protocol and its implementation, taking particular account of the needs of the developing countries.

2. Any Party to this Protocol or Signatory of it may make requests for technical assistance to the Secretariat for the purposes of implementing the Protocol or participating in it.

3. At their first meeting, the Parties shall initiate deliberations on means of fulfilling the obligations set out in Article 9 or paragraphs 1 and 2 of this Article, including the drawing up of work plans. Such work plans will pay particular attention to the needs and circumstances of developing countries. States and regional economic integration organisations that are not a Party to the Protocol shall be encouraged to participate in the activities specified in those plans.

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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 within the year following the entry into force of this Protocol, as well as at a meeting of the Conference of the Parties to the Convention, if the Convention is scheduled to meet. during that period.

2. Subsequent ordinary meetings of the Parties shall be held in conjunction with the meetings of the Parties to the Vienna Convention, unless otherwise decided by the Parties to the Protocol. The Parties may hold extraordinary meetings where, at one of their meetings, the Parties deem it necessary, or where any of the Parties so request in writing, provided that, within six months of the date on which the request to be communicated to them by the secretariat, at least one third of the Parties support that request.

3. At its first meeting the Parties:

a) By consensus, a regulation for their meetings will be agreed;

(b) By consensus, the financial regulation referred to in paragraph 2 of Article 13 shall be agreed;

c) They shall establish the groups and determine the privileges referred to in Article 6o;

(d) Examine and approve the procedures and institutional mechanisms specified in Article 8, and

e) Initiate the preparation of work plans in accordance with the provisions of paragraph 3 of Article 10.

4. The meetings of the Parties shall be aimed at:

a) Examine the application of this Protocol;

b) Deciding the adjustments or reductions mentioned in paragraph 9 of Article 2o;

(c) Deciding the addition, inclusion or deletion of substances in the Annexes, as well as related control measures, in accordance with paragraph 10 of Article 2o;

(d) Establish, where necessary, guidelines or procedures for the submission of information in accordance with the provisions of Article 7o and paragraph 3 of Article 9o;

e) Examine requests for technical assistance made in accordance with paragraph 2 of Article 10;

(f) Examine the reports prepared by the Secretariat in accordance with Article 12 (c);

g) Evaluate, in accordance with the provisions of Article 6o. the control measures provided for in Article

;

h) Examine and approve, where appropriate, proposals regarding the amendment of this Protocol;

i) Browse and approve the budget for the application of this Protocol, and

j) Examine and adopt any other measures that may be required to achieve the purposes of this Protocol.

5. The United Nations, its specialized agencies and the International Atomic Energy Agency, as well as any State which is not a Party to this Protocol, may be represented by observers at meetings of the Parties. Any body or body, whether national or international, governmental or non-governmental, with competence in areas related to the protection of the ozone layer, may be admitted to the secretariat of its wish to be present. represented at a meeting of the Parties as an observer, unless at least one third of the Parties present object to it. The admission and participation of observers shall be governed by the regulations approved by the Parties.

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ARTICLE 12. SECRETARIAT. For the purposes of this Protocol, the Secretariat shall:

(a) Make arrangements for the holding of the meetings of the Parties provided for in Article 11 and provide the relevant services;

b) Receive and facilitate, upon request of a Party, the data to be provided in accordance with Article 7o;

c) Prepare and periodically distribute to the Parties a report based on the data and information received in accordance with the provisions of Articles 7o and 9o;

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

e) Encourage States that are not a Party to attend meetings of the Parties as observers and to act in accordance with the provisions of the Protocol;

(f) Provide, as appropriate, observers from States not Parties to the Protocol the information and requests referred to in points (c), and (d), and

g) To perform the other functions assigned to you by the Parties for the purposes of this Protocol.

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ARTICLE 13. FINANCIAL PROVISIONS. 1. The expenditure necessary for the operation of the secretariat and other expenditure for the implementation of this Protocol shall be borne exclusively by the quotas of the Parties to this Protocol.

2. The Parties shall approve by consensus in their first meeting a financial regulation for the implementation of this Protocol.

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ARTICLE 14. RELATIONSHIP OF THIS PROTOCOL TO THE CONVENTION. Unless otherwise provided in this Protocol, the provisions of the Vienna Convention relating to its protocols shall apply to this Protocol.

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

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ARTICLE 16. ENTRY INTO FORCE. 1. This Protocol shall enter into force on 1. of January 1989, provided that at least 11 instruments of ratification, acceptance or approval of the Protocol or accession thereto have been deposited by the States or regional economic integration organizations representing at least two (a) the estimated world consumption of controlled substances for 1986, and the provisions of paragraph 1 of Article 17 of the Convention have been complied with. Where these requirements have not been met on that date, this Protocol shall enter into force on the ninetieth day from the date on which those requirements have been met.

2. For the purposes of paragraph 1, instruments deposited by a regional economic integration organisation shall not be counted as additional to those deposited by the Member States of the organisation.

3. After the entry into force of this Protocol, any State and regional economic integration organization shall become a Party to this Protocol on the ninetieth day from the date on which its instrument of ratification has been deposited, acceptance, approval, or adhesion.

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ARTICLE 17. OBLIGATIONS OF THE PARTIES TO THE PROTOCOL AFTER ITS ENTRY INTO FORCE. Subject to the provisions of Article 5o, any State or regional economic integration organisation which becomes a Party to this Protocol after the date of its entry into force it shall immediately assume all the obligations of Article 2, as well as those of Article 4, which are applicable on that date to the States and regional economic integration organizations which acquired the status of Parties on the date of entry into force of the Protocol.

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ARTICLE 18. RESERVATIONS. No reservations may be made to this Protocol.

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ARTICLE 19. COMPLAINT. 1. For the purposes of the denunciation of this Protocol, the provisions of Article 19 of the Convention shall apply, except in respect of the Parties referred to in paragraph 1 of Article 5o. Those Parties may, by means of a written notification sent to the Depositary, denounce this Protocol four years after they have assumed the obligations laid down in paragraphs 1 to 4 of the Article.

2. Any denunciation shall take effect one year after the date on which the Depositary has received the NOTICE or at that later date specified in the complaint.

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ARTICLE 20. AUTHENTIC TEXTS. The original of this Protocol, whose texts in Arabic, Chinese, Spanish, French, English and Russian are equally authentic, shall be deposited with the Secretary-General of the United Nations.

In testimony to which, the undersigned, duly authorized to that effect, have signed this Protocol.

Made in Montreal, the sixteen of September of a thousand nine hundred and eighty-seven.

ANNEX A

Controlled Substances

Group Potential Substance of Exhaustion of the

ozone Group

Group I CFC13 CFC -11 1.0

CF2C12 CFC -12 1.0

C2F3C13 CFC -113 0.8

C2F4C12 CFC -114 1.0

C2F5C1 CFC -115 0.6

Group II CF2BrC1 (halon-1211) 3.0

CF3Br (halon-1301) 10.0

C2F4Br2 (halon-2402) (will be determined later)

-These ozone depletion potential values are estimates based on current knowledge and will be subject to periodic review and examination.

MONTREAL PROTOCOL ADJUSTMENT PROJECTS FOR OZONE-DEPLETING SUBSTANCES

The Second Meeting of the Parties to the Montreal Protocol on substances that deplete the ozone layer decides, on the basis of the assessments made in accordance with Article 6 of the Protocol, to approve the adjustments and the reductions in the production and consumption of the controlled substances listed in Annex A to the Protocol, as follows, in the understanding that:

(a) The references in Article 2 to "this Article" and throughout the Protocol to "Article 2" shall be construed as references to Articles 2, 2A and 2B; (b) The references in the whole Protocol to " paragraphs 1 to 4 of the Article 2o " shall be construed as references to Articles 2A and 2B, and

(c) The reference in paragraph 5 of Article 2a "paragraphs 1, 3 and 4" shall be construed as references to Article 2A.

A. Article 2A: CFCs

2. Paragraph 1 of Article 2 of the Protocol shall become paragraph 1 of Article 2a, which shall be entitled 'Article 2A: CFC'. Paragraphs 3 and 4 of Article 2 shall be replaced by the following paragraphs, which shall become paragraphs 2 to 6 of Article 2A:

2. Each Party shall ensure that, in the period from July 1991 to 31 December 1992, its calculated levels of consumption and production of the controlled substances listed in Group I of Annex A do not exceed 150%. of their calculated levels of production and consumption of these substances in 1986, with effect from 1. of January 1993, the twelve-month control period for these controlled substances shall be from January to 31 December of each year.

3. Each Party shall ensure that, in the period of 12 months from January 1995, and for each successive period of 12 months, its calculated level of consumption of the controlled substances listed in Group I of Annex A does not exceed, annually, fifty percent of its calculated level of consumption in 1986. Each Party producing one or more of these substances shall ensure that, during the same periods, its calculated level of production of the substances does not exceed, annually, 50% of its calculated level of production, 1986. However, in order to satisfy the internal basic needs of the Parties operating under the terms of paragraph 1 of Article 5o, their calculated level of production may exceed that limit by up to 10% of their calculated level of 1986 production.

4. Each Party shall ensure that in the period of 12 months from 1. In January 1997, and for each successive period of 12 months, their calculated level of consumption of the controlled substances listed in Group I of Annex A does not exceed, on an annual basis, 15% of their calculated level of consumption in 1986. Each Party producing one or more of these substances shall ensure that, during the same periods, its calculated level of production of the substances does not exceed, annually, 15% of its calculated level of production in 1986. However, in order to satisfy the internal basic needs of the Parties operating under paragraph 1 of Article 5o, their calculated level of production may exceed that limit by up to 10% of their calculated level of production of 1986.

5. Each Party shall ensure that, in the period of 12 months from the date of January 2000, and for each successive period of 12 months, its calculated level of consumption of the controlled substances listed in Group I of Annex A does not exceed zero. Each Party producing one or more of these substances shall ensure that, during the same periods, its calculated level of production of the substances does not exceed zero. However, in order to satisfy the internal basic needs of the Parties operating under the terms of paragraph 1 of Article 5o, their calculated level of production may exceed that limit by up to 15% of their calculated level of 1986 production.

6. In 1992, the Parties will examine the situation in order to speed up the reduction plan.

B. Article 2B: Halons

The following paragraphs shall replace, as paragraphs 1 to 4 of Article 2B, paragraph 2 of Article 2 of the Protocol:

1. Each Party shall ensure that, in the period of 12 months from 1 January 1992, and in each successive 12-month period, its calculated level of consumption of the controlled substances listed in Group II of Annex A does not exceed, annually, its calculated level of consumption in 1986. Each Party producing one or more of these substances shall ensure that, at the same time, its calculated level of production of these substances does not exceed, on an annual basis, its calculated level of production in 1986. However, in order to satisfy the internal basic needs of the Parties operating under the terms of paragraph 1 of Article 5o, their calculated level of production may exceed that limit by up to 10% of their calculated level of production of 1986.

2. Each Party shall ensure that in the period of 12 months from 1. In January 1995, and for each successive period of 12 months, their calculated level of consumption of the controlled substances listed in Group II of Annex A does not exceed, on an annual basis, 50% of their calculated level of consumption in 1986. Each Party producing one or more of these substances shall ensure that, at the same time, its calculated level of production of these substances does not exceed, annually, 50% of its calculated level of production in 1986. However, in order to satisfy the internal basic needs of the Parties operating under the terms of paragraph 1 of Article 5o, their calculated level of production may exceed that limit by up to 10% of their calculated level of 1986 production. The provisions of this paragraph shall apply unless the Parties decide to permit the level of production or consumption that is necessary to satisfy the essential uses for which appropriate alternatives are not available.

3. Each Party shall ensure that, in the period of 12 months from 1 January 2000, and for each successive period of 12 months, its calculated level of consumption of the controlled substances listed in Group II of Annex A is not higher. to zero. Each Party producing one or more of these substances shall ensure that, at the same time, its calculated level of production of the substances does not exceed zero. However, in order to satisfy the internal basic needs of the Parties operating under the terms of paragraph 1 of Article 5o, their calculated level of production may exceed that limit by up to 15% of their calculated level of 1986 production. The provisions of this paragraph shall apply unless the Parties decide to permit the level of production or consumption that is necessary to satisfy the essential uses for which appropriate alternatives are not available.

4. By 1 January 1993 at the latest, the Parties shall adopt a decision determining the essential uses, if any, for the purposes of paragraphs 2 and 3 of this Article. That decision shall be reviewed by the Parties at their subsequent meetings.

AMENDMENT OF THE MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE LAYER

ARTICLE 1o. AMENDMENT. A. Paragraphs of the Preamble

1. The sixth paragraph of the preamble to the protocol shall be replaced by the following:

Determined to protect the ozone layer by taking preventive measures to equitably control the total global emissions of the substances that deplete it, with the ultimate goal of eliminating them, based on the advances in the ozone layer. scientific knowledge, taking into account technical and economic aspects and taking into account the needs of developing countries in the field of development.

2. The seventh paragraph of the preamble to the Protocol shall be replaced by the following:

Recognising that special provisions need to be made to meet the needs of developing countries, including the provision of additional financial resources and access to relevant technologies, taking into account that the The size of the necessary funds is predictable and the funds can be expected to produce a substantial increase in the world's capacity to deal with the scientifically proven problem of ozone depletion and its harmful effects.

3. The ninth paragraph of the preamble will be replaced by the following:

Considering the importance of promoting international cooperation in research, development and transfer of alternative technologies, in relation to the control and reduction of emissions of substances that deplete the ozone, taking into account in particular the needs of developing countries.

B. Article 1: Definitions

1. Paragraph 4 of Article 1 of the Protocol shall be replaced by the following:

4. 'Controlled substance' means a substance listed in Annex A or Annex B to this Protocol, either being present in isolation or in a mixture. Includes isomers of any of those substances, except as specifically indicated in the relevant Annex, but excludes any controlled substance or mixture found in a manufactured product, except in the case of a container used for the transport and storage of that substance.

2. Paragraph 5 of Article 1 of the Protocol shall be replaced by the following:

5. 'Production' means the quantity of controlled substances produced less the quantity of substances destroyed by means of techniques which are approved by the Parties and less the amount entirely used as raw material in the manufacture of other chemicals. The recycled and reused quantity is not considered as "production".

3. The following paragraph shall be added to Article 1 of the Protocol:

9. 'Transition substance' means a substance listed in Annex C to this Protocol either being present in isolation or in a mixture. It includes the isomers of those substances, with the exception of what may be specifically stated in Annex C, but excludes any transition substance or mixture found in a manufactured product, except in the case of a container used for the transport or storage of that substance.

C. Article 2, paragraph 5

Paragraph 5 of Article 2 of the Protocol shall be replaced by the following:

5. Each party may, for one or more control periods, transfer any proportion of the calculated level of its production set out in Articles 2A to 2E to another party, provided that the total of all the calculated levels of production of the Parties For each group of controlled substances concerned, it shall not exceed the production limits laid down in those Articles for that Group. Each of the Parties concerned shall notify the Secretariat of such transfers of production, specifying the conditions of the transfer and the period to which it applies.

D. Article 2, paragraph 6

The following words shall be inserted in paragraph 6 of Article 2o after the words "controlled substances", when they are first mentioned:

as listed in Annex A or Annex B.

E. Article 2, paragraph 8, a)

The following words shall be added in paragraph 8 (a) of Article 2 of the Protocol after the words "in this Article", where they appear:

and in items 2A to 2E

F. Article 2, paragraph 9, (a), (i)

The following words shall be added below "Annex A" in paragraph 9 (a) (i) of Article 2 (9) of the Protocol:

in, Annex B or both.

G. Article 2, paragraph 9, (a), (ii)

The following words shall be deleted in paragraph 9 (a) (ii) of paragraph 9 of Article 2 of the Protocol:

over the 1986 levels.

H. Article 2, paragraph 9, c)

The following words in paragraph 9 (c) of paragraph 9 of Article 2 of the Protocol shall be deleted:

representing at least 50% of the total consumption by the Parties of controlled substances

and will be replaced by the following text:

representing a majority of the Parties operating under paragraph 1 of Article 5o and a majority of the Parties present and voters who do not operate under that provision.

I. Article 2, paragraph 10, (b)

Paragraph 10 (b) of the Protocol, and paragraph 10 (a) of Article 2 (10) shall be deleted.

J. Article 2, paragraph 11

The following words shall be added in paragraph 11 of Article 2 of the Protocol after the words "in this article", where they appear:

and in items 2A to 2E

K. Article 2C: Other CFCs

fully halogenated. The following paragraphs shall be added to the Protocol as Article 2C:

Article 2c: other CFCs

fully halogenated

1. Each Party shall ensure that in the period of 12 months from 1. In January 1993, and for each successive period of 12 months, their calculated level of consumption of the controlled substances listed in Group I of Annex B does not exceed, annually, 80% of their calculated level of consumption in 1989. Each party producing one or more of these substances shall ensure that, during the same periods, its calculated level of production of the substances does not exceed, annually, 80% of its calculated level of production in 1989. However, in order to satisfy the internal basic needs of the parties operating under the terms of paragraph 1 of Article 5o, their calculated level of production may exceed that limit by up to 10% of their calculated level of 1989 production.

2. Each party shall ensure that in the period of 12 months from 1. In January 1997, and for each successive period of 12 months, their calculated level of consumption of the controlled substances listed in Group I of Annex B does not exceed, annually, 15% (15%) of their calculated level of consumption in 1989. Each Party producing one or more of these substances shall ensure that, during the same periods, its calculated level of production of the substances does not exceed, annually, 15% (15%) of its calculated level of production in 1989. However, in order to satisfy the internal basic needs of the Parties operating under the terms of paragraph 1 of Article 5o, their calculated level of production may exceed that limit by up to 10% of their calculated level of 1989 production.

3. Each party shall ensure that, in the period of 12 months from the date of January 2000, and for each successive period of 12 months, its calculated level of consumption of the controlled substances listed in Group I of Annex B is not higher than that of the zero. Each party producing one or more of these substances shall ensure that, during the same periods, its calculated level of production of the substances does not exceed zero. However, in order to satisfy the internal basic needs of the parties operating under the terms of paragraph 1 of Article 5o, their calculated level of production may exceed that limit by up to 15% of their calculated level of 1989 production.

L. Article 2D: Carbon tetrachloride

The following paragraphs will be added to the Protocol as a 2D article:

Article 2d: Carbon tetrachloride.

1. Each Party shall ensure that in the period of 12 months from 1. In January 1995, and for each successive period of 12 months, its calculated level of consumption of the controlled substance in Group II of Annex B does not exceed, annually, 50% of its calculated level of consumption in 1989. Each Party producing the substance shall ensure that, during the same periods, its calculated level of production of the substance does not exceed, annually, 15% of its calculated level of production in 1989. However, in order to satisfy the internal basic needs of the Parties operating under the terms of paragraph 1 of Article 5o, their calculated level of production may exceed that limit by up to 10% of their calculated level of 1989 production.

2. Each Party shall ensure that, in the period of 12 months from 1 January 2000, and for each successive period of 12 months, its calculated level of consumption of the controlled substance in Group II of Annex B is not higher than that of the zero. Each party producing the substance shall ensure that, during the same periods, its calculated level of production of the substance does not exceed zero. However, in order to satisfy the internal basic needs of the Parties operating under the terms of Article 5 (1), their calculated level of production may exceed that limit by up to 15% of their calculated level of 1989 production.

M. Article 2E: 1.1.1-trichloroethane (methylchloroform)

The following paragraphs will be added to the Protocol as article 2E:

Article 2E: 1.1.1-trichloroethane (methylchloroform)

1. Each Party shall ensure that, in the period of 12 months from 1 January 1993, and for each successive period of 12 months, its calculated level of consumption of the controlled substance in Group III of Annex B does not exceed, annually, its calculated level of consumption in 1989. Each Party producing the substance shall ensure that, during the same periods, its calculated level of production of the substance does not exceed its calculated level of production in 1989. However, in order to satisfy the internal basic needs of the Parties operating under the terms of paragraph 1 of Article 5o, their calculated level of production may exceed that limit by up to 10% of their calculated level of 1989 production.

2. Each party shall ensure that in the period of 12 months from 1. In January 1995, and for each successive period of 12 months, the calculated level of consumption of the controlled substance in Group III of Annex B does not exceed, annually, 70% of its calculated level of consumption in 1989. Each Party producing the controlled substance shall ensure that, during the same periods, its calculated level of production of the substance does not exceed, annually, 70% of its calculated level of consumption in 1989. However, in order to satisfy the internal basic needs of the Parties operating under the terms of paragraph 1 of Article 5, their calculated level of production may exceed that limit by up to 10% of their calculated level of production of 1989.

3. Each Party shall ensure that, in the period of 12 months from 1 January 2000, and for each successive period of 12 months, its calculated level of consumption of the controlled substance in Group III of Annex B does not exceed, annually, thirty per cent of its calculated level of consumption in 1989. Each Party producing the substance shall ensure that, during the same periods, its calculated level of production of the substance does not exceed, annually, 30% of its calculated level of production in 1989. However, in order to satisfy the internal basic needs of the Parties operating under paragraph 1 of Article 5, their calculated level of production may exceed that limit by up to 10% of their calculated level of 1989 production.

4. Each Party shall ensure that, in the 12-month period from 1 January 2005, and for each successive 12-month period, its calculated level of consumption of the controlled substance in Group III of Annex B does not exceed zero. Each Party producing the substance shall ensure that, during the same periods, its calculated level of production of the substance does not exceed zero. However, in order to satisfy the internal basic needs of the Parties operating under the terms of paragraph 1 of Article 5o, their calculated level of production may exceed that limit by up to 15% of their calculated level of 1989 production.

5. The Parties shall examine, in 1992, the feasibility of a plan of reductions faster than that laid down in this Article.

N. Article 3. Calculation of control levels

1. The following words shall be added to Article 3 of the Protocol after "Article 2o":

, 2A to 2E,

2. The following words shall be added to Article 3 of the Protocol after "Annex A", each time it appears:

or in Annex B.

O. Article 4. Controlling trade with non-Parties to the Protocol

1. The following paragraphs shall replace paragraphs 1 to 5 of Article

:

1. Al 1o. of January 1990, any Party shall prohibit the importation of the controlled substances listed in Annex A from any State other than a Party to this Protocol.

1 bis. Within one year of the entry into force of the provisions of this paragraph, any party shall prohibit the importation of controlled substances listed in Annex B from any State which is not a Party to this Agreement. Protocol.

2. From 1 January 1993, any Party shall prohibit the export of controlled substances listed in Annex A to States which are not Parties to this Protocol.

2a. After one year after the entry into force of the provisions of this paragraph, any Party shall prohibit the export of controlled substances listed in Annex B to States which are not Parties to this Protocol.

3. Before 1 January 1992, the Parties shall prepare, in accordance with the procedures laid down in Article 10 of the Convention, an Annex with a list of products containing controlled substances listed in Annex A. which have not objected to the Annex in accordance with those procedures shall, within one year of the entry into force of the Annex, prohibit the importation of such products from any State which is not a Party to the Annex. Protocol.

3 bis. Within three years from the entry into force of the provisions of this subparagraph, the Parties shall prepare, in accordance with the procedures laid down in Article 10 of the Convention, an Annex with a list of the products listed in Annex II. containing controlled substances listed in Annex B. The Parties which have not objected to the Annex in accordance with those procedures shall, within one year of the entry into force of the Annex, prohibit the import of such products from any State other than Party to this Protocol.

4. Before 1o. In January 1994, the Parties shall determine the feasibility of prohibiting or restricting the importation of products made from controlled substances listed in Annex A, but which do not contain such substances from States other than Parties in this Protocol. If they consider it feasible, the Parties shall, in accordance with the procedures laid down in Article 10 of the Convention, draw up an Annex with a list of such products. The Parties which have not objected to the Annex in accordance with those procedures shall, within one year of the entry into force of the Annex, prohibit or restrict the importation of such products from any State which does not is a Party to this Protocol.

4 bis. Within five years from the date of entry into force of the provisions of this subparagraph, the Parties shall determine the feasibility of prohibiting or restricting the importation of products made from controlled substances which are are listed in Annex B but do not contain such substances from States which are not Parties to the Protocol. If they consider it feasible, the Parties shall, in accordance with the procedures laid down in Article 10 of the Convention, draw up an Annex with a list of such products. The Parties which have not objected to the Annex in accordance with those procedures shall, within one year of the entry into force of the Annex, prohibit or restrict the importation of such products from any State which does not is a Party to this Protocol.

5. Any Party undertakes to discourage in the most effective manner possible the export to any State which is not a Party to this Protocol of Technology for the production and use of controlled substances.

2. Paragraph 8 of Article 4 of the Protocol shall be replaced by the following:

8. By way of derogation from this Article, the imports referred to in paragraphs 1, 1a, 3, 3a, 4 and 4a, and the exports referred to in paragraphs 2 and 2a, of and to any State which is not a Party to this Article, may be permitted. Protocol if at a meeting of the Parties it is determined that that State complies fully with the provisions of Articles 2o, 2A to 2E and in this Article and has submitted data for that purpose in the manner provided for in Article 7o.

3. The following paragraph shall be added to Article 4 of the Protocol as paragraph 9:

9. For the purposes of this Article, the expression 'State which is not a Party to this Protocol' shall include, as regards any controlled substance, any State or regional economic integration organisation which has not agreed to accept as binding the control measures in force in relation to that substance.

P. Article 5. Special situation of developing countries

Article 5 of the Protocol shall be replaced by the following:

1. Any Party which is a developing country and whose calculated level of annual consumption of the controlled substances listed in Annex A is less than 0,3 kg per capita on the date on which the Protocol enters into force for that Part, or in any other Date from then to 1o. In January 1999, it shall be entitled, in order to meet its internal basic needs, to defer compliance with the control measures set out in Articles 2A to 2E for 10 years.

2. However, the Parties operating under the paragraph of this Article may not exceed an estimated annual consumption level of the controlled substances listed in Annex A of 0,3 kg per capita, or a calculated level of annual consumption of the controlled substances listed in Annex B of 0,2 kg per capita.

3. When applying the control measures provided for in Articles 2A to 2E, any Party operating under paragraph 1 of this Article shall be entitled to use, as a basis for determining its compliance with the control measures:

(a) For the controlled substances listed in Annex A, either the average of their calculated annual level of consumption for the period 1995 to 1997 inclusive or a calculated level of consumption of 0,3 kg per capita, if the latter is less;

(b) In the case of controlled substances listed in Annex B, either the average of their calculated annual consumption level for the period 1998 to 2000 inclusive or a calculated level of consumption of 0,2 kg per capita, if the latter is less.

4. Any Party operating under paragraph 1 of this Article may notify the Secretariat, at any time before the entry into force for that Party, of the obligations arising from the control measures provided for in Articles 2A to 2E, which is not in a position to obtain a sufficient supply of controlled substances. The Secretariat shall without delay transmit a copy of that notification to the Parties, which shall examine the matter at its next meeting, and decide what action to take.

5. The development of the capacity to fulfil the obligations of the Parties operating under paragraph 1 of this Article arising from the implementation of the control measures provided for in Articles 2A to 2E and their implementation by those same Parties, depend on the effective implementation of the financial cooperation provided for in Article 10 and on the transfer of technology provided for in Article 10A.

6. Any Party operating under paragraph 1 of this Article may, at any time, notify the Secretariat in writing that, despite having taken all feasible measures, it is not in a position to comply with any or all obligations. established in Articles 2A to 2E, as a result of the inadequate compliance with Articles 10 and 10A. The Secretariat shall, without delay, transmit the notification to the Parties, which shall examine the matter at its next meeting, taking due account of the provisions of paragraph 5 of this Article and decide on the measures to be taken.

7. During the period between the notification and the meeting of the Parties in which a decision is taken on the appropriate measures referred to in paragraph 6 of this Article, or for a longer period, if so decided by the Meeting of the Parties, the infringement procedure referred to in Article 8 shall not be invoked against the notifying Party.

8. A Meeting of the Parties shall examine, at the latest in 1995, the situation of the Parties operating under paragraph 1 of this Article, including the effective implementation of financial cooperation and the transfer of technology to those Parties, and approve any revisions deemed necessary in respect of the plan of the control measures applicable to those Parties.

9. The decisions of the Parties referred to in paragraphs 4, 6 and 7 of this Article shall be adopted in accordance with the same procedure applied to the taking of decisions pursuant to Article 10.

Q. Article 6. Assessment and examination of control measures

The following words shall be added to Article 6 of the Protocol after "in Article 2o":

and Articles 2A to 2E, and the situation concerning the production, import and export of the transitional substances listed in Group I of Annex C.

R. Article 7o. Data presentation

1. Article 7o is replaced by the following:

1. Each Party shall provide the Secretariat, within three months of the date on which it has been constituted, statistical data on its production, imports and exports of each of the controlled substances listed in the Annex. Annex A for 1986, or the most reliable estimates that may be obtained from such data, where they are not available.

2. Each Party shall provide the Secretariat with statistical data on its production, imports and exports of each of the controlled substances listed in Annex B and each of the transitional substances listed in Group I of the Annex C, corresponding to the year 1989, or the most reliable estimates that may be obtained from such data, where they are not available, not later than three months after the date on which the provisions have entered into force for that Part. of the Protocol concerning the substances listed in Annex B.

3. Each Party shall provide the Secretariat with statistical data for its annual production (as defined in paragraph 5 of Article 1) and separately on:

-The quantities used as raw materials.

-The quantities destroyed by technologies approved by the Parties.

-Imports and exports to Parties and States other than Parties, respectively, of each of the controlled substances listed in Annexes A and B as well as the transitional substances listed in Group I of Annex C, for the year in which the provisions relating to the substances listed in Annex B have entered into force for that Party, as well as for each subsequent year. The data shall be communicated no later than nine months after the end of the year to which they relate.

4. For the Parties operating under the provisions of Article 2 (8) (a), the rules in paragraphs 1, 2 and 3 of this Article in respect of statistical data on imports and exports shall be estimated to be fulfilled, whether the regional economic integration organisation concerned provides data on imports and exports between the organisation and States which are not members of that organisation.

S. Article 9o. Research, development, public awareness and

change of informationThe following text shall replace paragraph 1 (a) of Article 9o of the Protocol:

(a) The most suitable technologies for improving the containment, recovery, recycling or destruction of controlled substances and transition substances, or in any other way reduce their emissions;

T. Article 10. Financial mechanism

Article 10 of the Protocol shall be replaced by the following:

1. The Parties shall establish a mechanism to provide financial and technical cooperation, including the transfer of technologies, to the Parties operating under paragraph 1 of Article 5 of this Protocol in order to enable them to apply the control measures provided for in Articles 2A to 2E of the Protocol. The mechanism, which will receive contributions that will be additional to other financial transfers to the Parties operating under that paragraph, will cover all the additional costs agreed upon by those Parties, so that they may comply with the control measures provided for in the Protocol. The Parties shall establish an indicative list of additional cost categories at their Meeting.

2. The mechanism established in accordance with paragraph 1 shall comprise a Multilateral Fund. It may also include other means of multilateral, regional and bilateral cooperation.

3. The Multilateral Fund:

(a) Suffragate, as a donation or in concessionary conditions, as appropriate, and in accordance with the criteria to be decided by the Parties, all additional agreed costs;

b) will finance mediation functions for:

i) Assist Parties operating under paragraph 1 of Article 5o., by country studies and other forms of technical cooperation, to determine their cooperation needs;

ii) Facilitate technical cooperation to meet these specific needs;

(iii) Distribute, in accordance with the provisions of Article 9o, relevant information and documents, hold practical courses and training meetings, as well as other related activities, for the benefit of Parties that are countries in development, and

iv) Facilitate and follow other forms of multilateral, regional and bilateral cooperation that are made available to the Parties that are developing countries;

c) Financing the Secretariat services of the Multilateral Fund and related support expenditure.

4. The Multilateral Fund shall be subject to the authority of the Parties, which shall decide on its overall policy.

5. The Parties shall establish an Executive Committee to develop and follow the implementation of specific administrative arrangements, guidelines and operational policies, including the disbursement of resources, in order to achieve the objectives of the Multilateral Fund. The Executive Board shall carry out the tasks and tasks indicated in its mandate in the manner agreed upon by the Parties, with the cooperation and assistance of the International Bank for Reconstruction and Development (World Bank), the Programme of Nations United for the Environment, the United Nations Development Programme, or other relevant bodies in their respective spheres of competence. The members of the Executive Board, who shall be selected on the basis of a balanced representation of the Parties operating under paragraph 1 of Article 5o and the other Parties, shall be approved by the Parties.

6. The Multilateral Fund shall be financed by contributions from Parties not operating under paragraph 1 of Article 5 or in convertible currencies or, in certain circumstances, in kind, and/or in national currency on the basis of the scale of quotas. of the United Nations. Contributions from other Parties shall be encouraged. Bilateral cooperation and, in particular cases agreed by the Parties, regional, may count, up to a certain percentage and in accordance with the criteria specified by decision of the Parties, as a contribution to the Multilateral Fund condition that such cooperation at least:

a) This is strictly related to compliance with the provisions of this Protocol;

b) Provide additional resources, and

c) Correspond to agreed complementary costs.

7. The Parties shall decide on the budget of the Multilateral Fund programme for each financial year and the percentage of contributions to it which corresponds to each of the Parties to it.

8. The resources provided from the Multilateral Fund will be provided with the acquiescence of the beneficiary.

9. Decisions of the Parties in accordance with this Article shall be adopted by consensus whenever possible. If all efforts made to reach a consensus do not result and no agreement is reached, the decisions shall be taken by a two-thirds majority of votes of the Parties present and voting, representing a majority of the Parties operating under paragraph 1 of Article 5o. present and voters and a majority of the Parties present and voters who do not operate under that paragraph.

10. The financial mechanism set out in this Article does not preclude any other arrangement that may be concerned in the future with respect to other environmental issues.

U. Article 10A: Transfer of technology

The following article will be added to the Protocol as a lOA article:

Article 10A: Technology Transfer

1. The Parties shall take all feasible measures compatible with the programmes covered by the financial mechanism in order to ensure:

(a) That the best alternative products and related technologies available and that do not present risks to the environment are transferred in an expeditious manner to the Parties operating under paragraph 1 of Article 5; and

(b) The transfers referred to in paragraph (a) shall be carried out on fair terms and on the most favourable terms.

V. Article 11: Meetings of the Parties

Paragraph 4 (g) of Article 11 of the Protocol is replaced by the following:

g) Evaluate, in accordance with Article 6, the control measures and the situation concerning the transitional substances.

W. Article 17: Parties that adhere to the Protocol after their entry into force.

The following words shall be added in Article 17 after "in those provided for in":

items 2A to 2E, and in

X Article 19: Reporting

Article 19 of the Protocol shall be replaced by the following:

Any Party may denounce this Protocol by written notice transmitted to the Depositary after a period of four years after it has assumed the obligations laid down in paragraph 1 of this Protocol. Article 2A. Such denunciation shall take effect one year after the date on which it was received by the Depositary or at the later date indicated in the notification of the complaint.

Y. Attachments

The following Annexes shall be added to the Protocol:

ANNEX B

Controlled Substances

Group Potential Substance of Exhaustion

of ozone

Group I

CF3C1 (CFC -13) 1.0

C2FC15 (CFC -111) 1.0

C2F2C14 (CFC -112) 1.0

C3FC17 (CFC -211) 1.0

C3F2CL6 (CFC -212) 1.0

C3F3CL5 (CFC -213) 1.0

C3F4C14 (CFC -214) 1.0

C3F5C13 (CFC -215) 1.0

C3F6C12 (CFC -216) 1.0

C3F7C1 (CFC -217) 1.0

Group II

CC14 Carbon Tetrachloride 1.1

Group III

C2H3C13 * 1,1,1-trichloroethane

methylchloroform) 0,1

-This formula does not refer to 1, 1, 2-trichloroethane.

ANNEX C

Transition substances

Substance Group

Group I

CHFC12 (HCFC -21)

CHF2C1 (HCFC -22)

CH2FC1 (HCFC -31)

C2HFC14 (HCFC -121)

C2HF2C13 (HCFC -122)

C2HF3C12 (HCFC -123)

C2HF4C1 (HCFC -124)

C2H2FC13 (HCFC -131)

C2H2F2C12 (HCFC -132)

C2H2F3C1 (HCFC -133)

C2H3FC12 (HCFC -141)

C2H3F2C1 (HCFC -142)

C2H4FC1 (HCFC -151)

C3HFC16 (HCFC -221)

C3HF2C15 (HCFC -222)

C3HF3C14 (HCFC -223)

C3HF4C13 (HCFC -224)

C3HF5C12 (HCFC -225)

C3HF6C1 (HCFC -226)

C3H2FC15 (HCFC -231)

C3H2F2C14 (HCFC -232)

C3H2F3C13 (HCFC -233)

C3H2F4C12 (HCFC -234)

C3H2F5C1 (HCFC -235)

C3H3FC14 (HCFC -241)

C3H3F2C13 (HCFC -242)

C3H3F3C12 (HCFC -243)

C3H3F4C1 (HCFC -244)

C3H4FC13 (HCFC -251)

C3H4F2C12 (HCFC -252)

C3H4F3C1 (HCFC -253)

C3H5FC12 (HCFC -261)

C3H5F2C1 (HCFC -262)

C3H6FC1 (HCFC -271)

ARTICLE 2o. Entry into effect

1. This amendment shall enter into force on 1. of January 1992, provided that at least 20 instruments of ratification, acceptance or approval of the amendment have been deposited by States or regional economic integration organizations which are Parties to the Montreal Protocol on substances that deplete the ozone layer. In the event that this condition has not been met on that date, the amendment shall enter into force on the ninetieth day after the date on which that condition has been met.

2. For the purposes of paragraph 1, the instrument deposited by an organisation for regional economic integration shall not be counted as additional to those deposited by the Member States of that organisation.

3. After its entry into force in accordance with the provisions of paragraph 1, this amendment shall enter into force for any other Party to the Protocol on the ninetieth day from the date on which its instrument of ratification, acceptance or approval.

ANNEX V

New Montreal Protocol Annex

ANNEX D*

List of products * * containing substances

controls specified in Annex A

(Approved in accordance with paragraph 3 of Article 4o.)

PRODUCTS

1. Air conditioning equipment in cars and trucks (whether or not they are incorporated in vehicles).

2. Refrigeration and air conditioning equipment/commercial domestic heat pumps.

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

FOOTER

1. This Annex was approved by the Third Meeting of the Parties, held in Nairobi from 19 to 21 June 1991, in accordance with paragraph 3 of Article 4 (3). of the Protocol.

2. Although not when transported on shipments of personal or domestic effects, or in similar situations without commercial character normally exempted from customs processing.

3. When they contain controlled substances specified in Annex A, such as refrigerants and/or insulating materials of the product.

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

For example:

Refrigerators

Freezers

Dehumidifiers

Water Coolers

Ice-producing machines

Air conditioning equipment

and heat pumps.

3. Aerosol products, except for medical aerosol products 4. Portable fire extinguishers

5. Plates, boards and covers of insulating pipes

6. Prepolymers.

The undersigned Legal Secretary of the Ministry of Foreign Affairs,

NOTES:

That the present reproduction is a faithful photocopy and integral part of the certified text of the "Montreal Protocol Relating to the Ozone Layer of the Ozone Layer", signed in Montreal on 16 September 1987, with its amendments adopted in London on June 29, 1990 and in Nairobi on June 21, 1991, which rests in the archives of the Foreign Ministry's Legal Secretariat.

Dada en Santafe de Bogotá a ten (10) days of the month of September of a thousand nine hundred and ninety-two (1992).

MARTHA ESPERANZA RUEDA MERCHAN

Legal Undersecretary

EXECUTIVE BRANCH OF PUBLIC POWER

PRESIDENCY OF THE REPUBLIC

Santafe de Bogota, D.C., September 18, 1992

Approved. Submit to the consideration of the honorable National Congress for the constitutional effects.

(Fdo.) CESAR GAVIRIA TRUJILLO

(Fdo.) NOEMI SANIN DE RUBIO

The Foreign Minister

DECRETA:

ARTICLE 1o. Approve the "Montreal Protocol Relating to the Ozone Layer of the Ozone Layer", signed in Montreal on 16 September 1987, with its amendments adopted in London on 29 June 1990 and in Nairobi on 21 June 1991.

ARTICLE 2o. Pursuant to the item 1o. of Law 7a of 1944, the "Montreal Protocol Relating to the Ozone Layer of the Ozone Layer", signed in Montreal on 16 September 1987, with its amendments adopted in London on 29 June 1990 and in Nairobi on 21 June 1991, which by the first article of this Law is approved, will force the country from the date on which the international link with respect to it is perfected.

ARTICLE 3o. This Law governs from the date of its publication.

COLOMBIA-NATIONAL GOVERNMENT

COMMUNICATE, PUBLISH, AND EXECUTE

Santafe de Bogota, D.C., December 28, 1992.

Prior to its review by the Constitutional Court, in accordance with the provisions of Article 241-10 of the Political Constitution.

CESAR GAVIRIA TRUJILLO

WILMA ZAFRA TURBAY

The Deputy Minister of Foreign Affairs in charge of the functions

from the Foreign Minister's office.

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