Key Benefits:
The President of the Republic,
On the Prime Minister's Report Minister for Foreign and European Affairs,
Having regard to Articles 52 to 55 of the Constitution;
In light of Decree No. 53-192 of 14 March 1953, as amended concerning the ratification and publication of international commitments entered into by France ;
In light of Decree No. 89-112 of 21 February 1989 on the publication of the Montreal Protocol on Substances that Deplete the Ozone Layer (set out an appendix), done in Montreal on September 16, 1987,
Describes:
Adjustments to the Montreal Protocol of September 16, 1987 on Substances that Deplete the Ozone layer, adopted in Montreal on September 17, 1997, will be published in the Official Journal of the French Republic.
Le Prime Minister and Minister for Foreign and European Affairs Responsible for the execution of this Decree, which shall be published in the Official Journal of the French Republic.
ADJUSTMENTS
TO SEPTEMBER 16, 1987 PROTOCOL ON SUBSTANCES THAT APPLY TO OZONE LAYER
Decision IX/1: new adjustments for Schedule A substances:
" To adopt, in accordance with the procedure set out in paragraph 9 of Article 2 of the Montreal Protocol and on the basis of assessments made pursuant to Article 6 of the Protocol, adjustments for the production of substances Annex A of the Protocol, as indicated in Annex I to the report of the Ninth Meeting of the Parties. "
Decision IX/2: new adjustments for substances in Annex B:
" To adopt, in accordance with the procedure set out in paragraph 9 of Article 2 of the Montreal Protocol and on the basis of assessments made pursuant to Article 6 of the Protocol, adjustments in respect of the production of substances Annex B of the Protocol, as indicated in Annex II to the report of the Ninth Meeting of the Parties. "
Decision IX/3: new adjustments and reductions for substance in Annex E:
" To adopt, in accordance with the procedure set out in paragraph 9 of Article 2 of the Montreal Protocol and based on the assessments made pursuant to Article 6 of the Protocol, the adjustments and reductions in production and Consumption of the regulated substance set out in Annex E to the Protocol, as indicated in Annex III to the report of the Ninth Meeting of the Parties. "
Decision IX/4: New Protocol amendment:
" To adopt, in accordance with the procedure set out in article 9, paragraph 4, of the Vienna Convention for the Protection of the Ozone Layer, the Amendment to the Montreal Protocol, contained in annex IV to the report of the Ninth Meeting of the Parties. "
A N N E X E I
ADJUSTMENTS TO THE NINTH MEETING OF THE PARTIES CONCERNING ANNEX A PRESCRIBED SUBSTANCES
Article 5, paragraph 3
At the end of paragraph 3 (a) of Article 5 of the Protocol, add the following words: " With regard to consumption ".
Add the following subparagraph to Article 5, paragraph 3, of the Protocol:
" (c) If these are the regulated substances in Annex A, that is, the average of its calculated annual production level for the period from 1995 to 1997 inclusive, i.e. the calculated level of production of 0.3 kg per capita, the lowest number being To determine whether it is observing the regulatory measures with respect to production. "
A N N E X E I I
ADJUSTMENTS TO THE NEUVIETH MEETING OF PARTS ON REGULATORY SUBSTANCES IN ANNEX B
Article 5, paragraph 3
At the end of paragraph 3 (b) of Article 5 of the Protocol, add the following words: " With regard to consumption ".
Add the following subparagraph to Article 5, paragraph 3, of the Protocol:
" (d) If the substances are Schedule B controlled substances, which is the average of its calculated annual production level for the period from 1998 to 2000 inclusive, i.e. the calculated level of production of 0.2 kg per capita, the lowest number being To determine whether it is observing the regulatory measures with respect to production. "
A N N E X E I I I
ADJUSTMENTS DECIDES TO THE NEUVIEME MEETING OF THE PARTIES
REGARDING THE REGLEMENTEE SUBSTANCE OF ANNEX E
A. -Article 2 H: methyl bromide
1. Replace paragraphs 2 to 4 of Article 2 H of the Protocol with the following paragraphs:
" 2. During the twelve-month period beginning on 1 January 1999, and thereafter, during each twelve-month period, each Party shall ensure that its calculated level of consumption of the regulated substance in Annex E does not exceed, annually, 75 % of its calculated level of consumption in 1991. Each Party producing that substance shall ensure that, during those same periods, its calculated level of production of that substance does not exceed, annually, 75 % of its calculated level of production of 1991. However, in order to meet the basic domestic needs of the Parties referred to in paragraph 1 of Article 5, its calculated level of production may exceed that limit by a maximum of 10 per cent of its calculated level of production of 1991;
" 3. During the twelve-month period beginning on 1 January 2001, and thereafter, during each twelve-month period, each Party shall ensure that its calculated level of consumption of the regulated substance in Annex E does not exceed, annually, 50 % Of its calculated level of consumption in 1991. Each Party producing this substance shall ensure that, during those same periods, its calculated level of production of that substance does not exceed, annually, 50 % of its calculated level of production of 1991. However, in order to meet the basic domestic needs of the Parties referred to in paragraph 1 of Article 5, its calculated level of production may exceed that limit by a maximum of 10 per cent of its calculated level of production of 1991;
" 4. During the twelve-month period beginning on 1 April 2003, and thereafter, during each twelve-month period, each Party shall ensure that its calculated level of consumption of the regulated substance in Annex E does not exceed, annually, 30 % Of its calculated level of consumption in 1991. Each Party producing this substance shall ensure that, during those same periods, its calculated level of production of the substance does not exceed, annually, 30 % of its calculated level of production of 1991. However, in order to meet the basic domestic needs of the Parties referred to in paragraph 1 of Article 5, its calculated level of production may exceed that limit by a maximum of 10 per cent of its calculated level of production of 1991;
" 5. During the twelve-month period beginning on January 1, 2005, and thereafter, for each twelve month period, each Party shall ensure that its calculated level of consumption of the regulated substance in Annex E does not exceed zero. Each Party producing that substance shall ensure that, during those same periods, its calculated level of production of that substance does not exceed zero. However, in order to meet the basic domestic needs of the Parties referred to in paragraph 1 of Article 5, its calculated level of production may exceed that limit by a maximum of 15 % of its calculated level of production of 1991. This paragraph shall apply except where the Parties decide to authorize the level of production or consumption which is necessary to the satisfaction of the uses which they deem essential for agriculture. "
2. Paragraph 5 of Article 2 H becomes paragraph 6.
B. -Article 5, paragraph 8 b, d
1. After paragraph 8 ter, d, i) of Article 5 of the Protocol, insert the following:
" (ii) Each Party referred to in paragraph 1 of this article shall ensure that, during the twelve-month period commencing on 1 January 2005, and thereafter during each twelve-month period, its calculated levels of consumption and production The regulated substance of Annex E shall not exceed, annually, 80 % of the average of its calculated annual consumption and production levels, respectively, for the period 1995 to 1998 inclusive;
' (iii) Each Party referred to in paragraph 1 of this Article shall ensure that, during the twelve-month period commencing on 1 January 2015, and thereafter during each twelve-month period, its calculated levels of production and production of The regulated substance of Schedule E is nil. This paragraph shall apply except in the case where the Parties decide to authorize the level of production and consumption which is necessary to the satisfaction of the uses which they deem essential. "
2. Paragraph 8 ter, d, ii) of Article 5 of the Protocol becomes paragraph 8 b, d, iv).
Done at Paris, 23 July 2007.
Nicolas Sarkozy
By the President of the Republic:
Prime Minister,
François Fillon
Foreign Affairs Minister
and European,
Bernard Kouchner
