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RS 0.814.021.4 Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer, December 3, 1999

Original Language Title: RS 0.814.021.4 Amendement au Protocole de Montréal relatif à des substances qui appauvrissent la couche d’ozone, du 3 décembre 1999

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0.814.021.4

Original text

Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer

Concluded in Beijing on 3 December 1999

Approved by the Federal Assembly on June 6, 2002 1

Instrument of ratification deposited by Switzerland on 28 August 2002

Entry into force for Switzerland on 26 November 2002

(State on 26 June 2014)

Art. 1 Amendment

A. Art. 2, para. 5

At para. 5 of the art. 2 of the Protocol 1 , replace the words: Art. 2A to Art. 2ND With the words: Art. 2A to 2F

B. Art. 2, para. 8 (a) and 11

At paras. 8 (a) and 11 of Art. 2 of the Protocol, replace the words: Art. 2A to 2H With the words: Art. 2A to 2I

C. Art. 2F, para. 8

After s. 7 of Art. 2F of the Protocol, add the following paragraph:

8. During the twelve-month period beginning on 1 Er January 2004, and thereafter for each twelve-month period, each Party producing one or more of these substances shall ensure that its calculated level of production of the substances regulated in Group I of Annex C does not exceed, annually, The average of:

-
The sum of its calculated level of consumption in 1989 of the regulated substances in Group I of Annex C; 2.8 % of its calculated level of consumption in 1989 of the regulated substances of Group I of An-nexe A;
-
The sum of its calculated level of production in 1989 of the regulated substances in Group I of Annex C; 2.8 % of its calculated level of production in 1989 of the regulated substances in Group I of Annex A.

However, in order to meet the basic domestic needs of Parties included in s. 1 of the art. 5, its calculated level of production may exceed this limit of a maximum of 15 % of its calculated level of production of the regulated substances in Group I of Annex C as defined above.

D. Art. 2I

Insert the following section as a result of s. 2H of the Protocol.

Art. 2I Bromochloromethane

During the twelve-month period beginning on 1 Er January 2002 and thereafter for each twelve-month period, each Party shall ensure that its calculated levels of consumption and production of regulated substances in Group III of Annex C are equal to zero. This paragraph shall apply, unless the Parties decide to authorize the level of production or consumption that is necessary to meet the uses that they agree are essential.

E. Art. 3

In Art. 3 of the Protocol, replace the words: Art. 2, 2A to 2H With the words: Art. 2, 2A to 2I

F. Art. 4, para. 1 D And 1 Sexies

After s. 1 Cc , add the following paragraphs:

1 D . Starting with 1 Er January 2004, each Party shall prohibit the import of the controlled substances of Group I of Annex C from any State not Party to this Protocol.

1 Sexies Within one year from the date of entry into force of this paragraph, each Party shall prohibit the importation of the controlled substances of Group III of Annex C from any State which is not a Party to this Protocol.

G. Art. 4, para. 2 D And 2 Sexies

After s. 2 Cc Of Art. 4, add the following paragraphs:

2 D . Starting with 1 Er January 2004, each Party shall prohibit the export of the controlled substances of Group I of Annex C to any State not Party to this Protocol.

2 Sexies Within one year from the date of entry into force of this paragraph, each Party shall prohibit the export of the controlled substances of Group III of Annex C to any State which is not a Party to this Protocol.

H. Art. 4, para. 5 to 7

At paras. 5 to 7 of art. 4 of the Protocol, replace the words: Appendices A and B, Appendix C, Group II and Appendix E With the words: Appendices A, B, C and E

I. Art. 4, para. 8

At para. 8 of art. 4 of the Protocol, replace the words: Art. 2A to 2E, art. 2G and 2H With the words: Art. 2A to 2I

J. Art. 5, para. 4

At para. 4 of Art. 5, replace the words: Art. 2A to 2H With the words: Art. 2A to 2I

K. Art. 5, para. 5 and 6

At paras. 5 and 6 of art. 5 of the Protocol, replace the words: Art. 2A to 2E With the words: Art. 2A to 2E and Art. 2I

L. Art. 5, para. 8b (a)

Add at the end of para. (a) para. 8 Ter Of Art. 5 of the Protocol the following sentence:

From 1 Er January 2016, each Party included in s. I of this article notes the regulatory measures set out in s. 8 of art. 2F, and to determine whether it complies with these regulatory measures, it uses the average of its calculated levels of production and consumption in 2015.

Mr. Art. 6

In Art. 6 of the Protocol, replace the words: Art. 2A to 2H With the words: Art. 2A to 2I

N. Art. 7, para. 2

At para. 2 of the art. 7 of the Protocol, replace the words: Appendices B and C With the words: Appendix B and Appendix C Groups I and II

O. Art. 7, para. 3

Add after the first sentence of s. 3 of Art. 7 of the Protocol the following sentence:

Each Party shall provide the Secretariat with statistical data on the quantity of the regulated substance listed in Annex E used annually for quarantine and pre-shipment processing.

P. Art. 10

At para. 1 of the art. 10 of the Protocol, replace the words: Art. 2A to 2E With the words: Art. 2A to 2E and Art. 2I

Q. 17

In Art. 17, replace the words: Art. 2A to 2H With the words: Art. 2A to 2I

A. Appendix C

In Annex C of the Protocol, add the following Group:

Group

Substance

Number of isomers

Ozone Depletion Potential

Group III

CH 2 BrCl

Bromochloromethane

1

0.12


Art. 2 Relationship to the 1997 Amendment

No State or regional economic integration organization may deposit an instrument of ratification, acceptance or approval of this Amendment or accession to this Amendment, if it has not previously, or simultaneously, deposited a This instrument to the Amendment adopted by the Parties at their ninth meeting in Montreal on 17 September 1997.

Art. 3 Entry into force

1. This Amendment shall enter into force on 1 Er January 2001, subject to the deposit, on that date, of at least 20 instruments of ratification, acceptance or approval of the Amendment by States or regional economic integration organizations that are Parties to the Montreal Protocol On substances that deplete the ozone layer. If, on that date, this condition has not been complied with, this Amendment shall enter into force on the ninetieth day after the date on which that condition has been fulfilled. 1

2. For the purposes of s. 1, none of the instruments deposited by a regional economic integration organization should be considered as an instrument in addition to the instruments already deposited by the member States of that organisation.

3. Subsequent to its entry into force, as provided for in para. 1, this instrument shall enter into force for any other Party to the Protocol on the ninetieth day after the date of the deposit of its instrument of ratification, acceptance or approval. 2

(Suivent signatures)


Scope of application on 26 June 2014 2

States Parties

Ratification Accession (A)

Entry into force

Afghanistan

17 June

2004 A

September 15

2004

South Africa

11 November

2004 A

February 9

2005

Albania

25 May

2006 A

August 23

2006

Algeria

August 6

2007

4 November

2007

Germany

28 October

2002

26 January

2003

Andorra

26 January

2009 A

April 26

2009

Angola

21 June

2011 A

19 September

2011

Antigua and Barbuda

29 June

2010 A

27 September

2010

Saudi Arabia

March 14

2014

12 June

2014

Argentina

August 28

2006

26 November

2006

Armenia

18 December

2008

18 March

2009

Australia

August 17

2005

15 November

2005

Austria

23 September

2004

22 December

2004

Azerbaijan

August 31

2012

29 November

2012

Bahamas

March 16

2005

14 June

2005

Bahrain

September 25

2013

24 December

2013

Bangladesh

August 24

2010 A

22 November

2010

Barbados

10 December

2002 A

10 March

2003

Belarus

13 March

2007

11 June

2007

Belgium

April 6

2006

July 5

2006

Belize

17 January

2008

April 16

2008

Benin

16 November

2007

February 14

2008

Bhutan

August 23

2004 A

21 November

2004

Bolivia

4 September

2013 A

3 December

2013

Bosnia and Herzegovina

11 October

2011 A

9 January

2012

Botswana

21 February

2013 A

22 May

2013

Brazil

30 June

2004

28 September

2004

Brunei

3 March

2009 A

1 Er June

2009

Bulgaria

15 April

2002 A

July 14

2002

Burkina Faso

11 November

2002

February 9

2003

Burundi

18 October

2001

25 February

2002

Cambodia

31 January

2007 A

1 Er May

2007

Cameroon

August 21

2009

19 November

2009

Canada

February 9

2001

25 February

2002

Cape Verde

30 November

2011

28 February

2012

Chile

3 May

2000

25 February

2002

China

19 May

2010

August 17

2010

Hong Kong

19 May

2010

August 17

2010

Macao

19 May

2010

August 17

2010

Cyprus

2 September

2004

1 Er December

2004

Colombia

September 15

2006 A

14 December

2006

Comoros

2 December

2002 A

2 March

2003

Congo (Brazzaville)

19 October

2001 A

25 February

2002

Congo, Kinshasa

23 March

2005 A

21 June

2005

Korea (North)

13 December

2001 A

13 March

2002

Korea (South)

9 January

2004

April 8

2004

Costa Rica

1 Er December

2008

1 Er March

2009

Côte d' Ivoire

28 June

2012

26 September

2012

Croatia

April 25

2002

24 July

2002

Cuba

12 September

2005

11 December

2005

Denmark

24 September

2003

December 23

2003

Djibouti

February 6

2013

7 May

2013

Dominica

7 March

2006 A

5 June

2006

Egypt

6 March

2009

4 June

2009

El Salvador

13 November

2007 A

February 11

2008

United Arab Emirates

February 16

2005 A

17 May

2005

Ecuador

31 January

2013 A

1 Er May

2013

Eritrea

July 5

2005 A

3 October

2005

Spain

19 February

2002

20 May

2002

Estonia

22 December

2003

21 March

2004

United States

1 Er October

2003

December 30

2003

Ethiopia

25 November

2009

23 February

2010

Fiji

19 February

2007 A

20 May

2007

Finland

18 June

2001

25 February

2002

France

July 25

2003

23 October

2003

Gabon

4 December

2000 A

25 February

2002

Gambia

April 30

2008

July 29

2008

Georgia

April 8

2011 A

7 July

2011

Ghana

8 August

2005 A

6 November

2005

Greece

27 January

2006

April 27

2006

Grenada

12 January

2004 A

April 11

2004

Guatemala

21 January

2002 A

April 21

2002

Guinea

28 February

2012 A

28 May

2012

Equatorial Guinea

July 11

2007 A

9 October

2007

Guinea-Bissau

12 November

2002 A

10 February

2003

Guyana

2 June

2008

August 31

2008

Haiti

8 October

2013 A

6 January

2014

Honduras

September 14

2007 A

13 December

2007

Hungary

April 23

2002

July 22

2002

Cook Islands

22 December

2003 A

21 March

2004

Marshall Islands

19 May

2004 A

August 17

2004

India

3 March

2003 A

1 Er June

2003

Indonesia

26 January

2006

April 26

2006

Iran

February 14

2013

15 May

2013

Iraq

25 June

2008 A

23 September

2008

Ireland

6 October

2005

4 January

2006

Iceland

March 31

2004

29 June

2004

Israel

15 April

2004

July 14

2004

Italy

22 October

2004

20 January

2005

Jamaica

24 September

2003 A

December 23

2003

Japan

August 30

2002

28 November

2002

Jordan

1 Er February

2001

25 February

2002

Kenya

9 October

2013

7 January

2014

Kyrgyzstan

5 October

2005

3 January

2006

Kiribati

August 9

2004 A

7 November

2004

Kuwait

July 30

2007 A

28 October

2007

Laos

28 June

2006 A

26 September

2006

Lesotho

15 April

2010 A

July 14

2010

Latvia

July 9

2004

7 October

2004

Lebanon

21 November

2008 A

19 February

2009

Liberia

30 November

2004 A

28 February

2005

Libya

15 April

2014

July 14

2014

Liechtenstein

December 23

2003

22 March

2004

Lithuania

March 17

2004

15 June

2004

Luxembourg

22 January

2001

25 February

2002

Macedonia

23 May

2002 A

August 21

2002

Madagascar

16 January

2002 A

April 16

2002

Malaysia

26 October

2001

25 February

2002

Malawi

February 27

2009

28 May

2009

Maldives

3 September

2002 A

2 December

2002

Mali

25 March

2004

23 June

2004

Malta

22 December

2003

21 March

2004

Morocco

19 September

2012

18 December

2012

Mauritius

24 March

2003

22 June

2003

Mexico

12 September

2007

11 December

2007

Micronesia

27 November

2001 A

25 February

2002

Moldova

5 December

2006 A

March 5

2007

Monaco

3 April

2003

July 2

2003

Mongolia

24 June

2008

22 September

2008

Montenegro

23 October

2006 S

3 June

2006

Mozambique

11 November

2010 A

February 9

2011

Myanmar

30 January

2012 A

29 April

2012

Namibia

1 Er October

2007

December 30

2007

Nauru

10 September

2004 A

9 December

2004

Nepal

18 May

2012 A

August 16

2012

Nicaragua

7 November

2012

5 February

2013

Niger

August 25

2005

23 November

2005

Nigeria

24 May

2004

22 August

2004

Niue

22 December

2003 A

21 March

2004

Norway

29 November

2001

February 27

2002

New Zealand

8 June

2001

25 February

2002

Tokelau

8 June

2001

25 February

2002

Oman

19 January

2005

19 April

2005

Uganda

27 July

2007 A

25 October

2007

Uzbekistan

October 31

2006

29 January

2007

Pakistan

2 September

2005

1 Er December

2005

Palau

29 May

2001 A

25 February

2002

Panama

5 December

2001

March 5

2002

Papua New Guinea

12 November

2013 A

10 February

2014

Paraguay

18 July

2006 A

October 16

2006

Netherlands A *

13 November

2001

25 February

2002

Peru

26 September

2012

25 December

2012

Philippines

23 May

2006

August 21

2006

Poland

13 April

2006

July 12

2006

Portugal

8 May

2006

August 6

2006

Qatar

29 January

2009

29 April

2009

Central African Republic

29 May

2008

August 27

2008

Dominican Republic

1 Er October

2009

December 30

2009

Czech Republic

9 May

2001

25 February

2002

Romania

17 November

2005

February 15

2006

United Kingdom

12 October

2001

25 February

2002

Russia

14 December

2005

March 14

2006

Rwanda

7 January

2004 A

April 6

2004

Saint Lucia

12 December

2001

12 March

2002

Saint Kitts and Nevis

8 January

2009

April 8

2009

San Marino

April 23

2009 A

July 22

2009

Holy See *

5 May

2008 A

August 3

2008

Saint Vincent and the Grenadines

11 May

2009 A

August 9

2009

Solomon Islands

22 September

2011

21 December

2011

Samoa

4 October

2001

25 February

2002

Sao Tome and Principe

19 November

2001 A

25 February

2002

Senegal

8 October

2003

6 January

2004

Serbia

22 March

2005 A

20 June

2005

Seychelles

26 August

2002 A

24 November

2002

Sierra Leone

29 August

2001 A

25 February

2002

Singapore

10 January

2007 A

10 April

2007

Slovakia

22 May

2002

August 20

2002

Slovenia

23 January

2003

April 23

2003

Somalia

1 Er August

2001 A

25 February

2002

Sudan

18 May

2004 A

August 16

2004

South Sudan

October 16

2012 A

14 January

2013

Sri Lanka

27 November

2002

25 February

2003

Sweden

28 March

2002

26 June

2002

Switzerland

August 28

2002

26 November

2002

Suriname

March 29

2006 A

27 June

2006

Swaziland

16 December

2005 A

March 16

2006

Syria

11 May

2012 A

August 9

2012

Tajikistan

7 May

2009 A

August 5

2009

Tanzania

6 December

2002

6 March

2003

Chad

2 January

2013

2 April

2013

Thailand

14 November

2006

12 February

2007

Timor-Leste

16 September

2009 A

15 December

2009

Togo

26 November

2001

25 February

2002

Tonga

26 November

2003

24 February

2004

Trinidad and Tobago

29 October

2003

27 January

2004

Tunisia

May 16

2005 A

August 14

2005

Turkmenistan

28 March

2008 A

26 June

2008

Turkey

24 October

2003

24 January

2004

Tuvalu

4 October

2004

2 January

2005

Ukraine

4 May

2007

2 August

2007

European Union

25 March

2002

23 June

2002

Uruguay

9 September

2003 A

8 December

2003

Vanuatu

July 21

2011 A

19 October

2011

Venezuela

22 December

2006

22 March

2007

Vietnam

3 December

2004

3 March

2005

Yemen

13 October

2009 A

11 January

2010

Zambia

11 October

2007 A

9 January

2008

Zimbabwe

1 Er March

2012 A

30 May

2012

*

Reservations and declarations.

Reservations and declarations are not published in the RO. The texts in English and French can be found at the United Nations Internet site: http://treaties.un.org or obtained from the Directorate of Public International Law (DDIP), International Treaty Section, 3003 Berne.

A

For the Kingdom in Europe.


RO 2003 3294 ; FF 2002 906


1 RO 2003 3287
2 RO 2003 3298 , 2004 3925, 2005 2345, 2006 847 2975, 2007 5087, 2009 3723, 2010 1465, 2011 831, 2012 1569, 2013 405 1331, 2014 2265. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).


Status on 26 June 2014