On Ratification of the Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer, adopted in Copenhagen on November 23-25, 1992, and the Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer, adopted in Montreal on September 15-17, 1997
The Law of the Republic of Kazakhstan dated April 6, 2011 No. 426-IV
To ratify the Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer, adopted in Copenhagen on November 23-25, 1992, and the Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer, adopted in Montreal on September 15-17, 1997.
President of the Republic of Kazakhstan N. NAZARBAYEV
THE UNITED NATIONS
Reference: C.N. 428.1997. TREATIES-4/1 (Notification of the Depositary)
THE MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE LAYER WAS CONCLUDED IN MONTREAL ON SEPTEMBER 16, 1987
ADOPTION OF AMENDMENTS AND AMENDMENTS BY THE NINTH MEETING OF THE PARTIES IN MONTREAL, SEPTEMBER 15-17, 1997 GOALS
The Secretary-General of the United Nations, acting as the depositary, reports the following:
I
At the ninth meeting of the Parties to the above-mentioned Protocol, held in Montreal from 15 to 17 September 1997, the Parties amended the Protocol (decisions IX/1, IX/2 and IX/3), in accordance with Article 2 (9) (c) of the Protocol. The text of the amendments is sent with this message in the six languages of adoption as annexes I, II and III. The amendments will enter into force six months after the date of publication of this communication in accordance with article 2 (9) (d) of the Protocol.
II
Also, at the ninth meeting of the Parties, in accordance with Article 9 (4) To the Vienna Convention for the Protection of the Ozone Layer of 1985, the Parties adopted an amendment to the Montreal Protocol, as indicated in annex IV to the report of the Ninth Meeting of the Parties (Decision IX/4). The text of the amendment is transmitted with this communication in the six languages of adoption as annex IV. In accordance with article 3 (1), this Amendment shall enter into force on 1 January 1999, subject to the deposit of at least twenty 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 the specified conditions are not met by that date, the Amendment shall enter into force on the ninetieth day after the date of compliance with these conditions. After the entry into force of this amendment in accordance with Article 3 (3), the Amendment shall enter into force in respect of any other Party to the Protocol on the ninetieth day after the date of deposit of the instrument of ratification, acceptance or approval.
December 5, 1997
Annex IV AMENDMENT TO THE MONTREAL PROTOCOL ADOPTED BY THE NINTH MEETING OF THE PARTIES ARTICLE 1: AMENDMENT
A. Article 4, paragraph 1-cpa
The following paragraph is added after paragraph 1 ter of Article 4 of the Protocol: "1-kva. For a period of one year after the date of entry into force of this paragraph, each Party shall prohibit the import of a controlled substance included in Annex E from any State not Party to this Protocol.
B. Article 4, paragraph 2-cpa
The following paragraph is added after paragraph 2 ter of Article 4 of the Protocol: "2-kva. After one year from the date of entry into force of this paragraph, each Party shall prohibit the export of the controlled substance included in Annex E to any State not Party to this Protocol.
With. Article 4, paragraphs 5, 6 and 7
Paragraphs 5, 6 and 7 of Article 4 of the Protocol: the words "and Group II of Annex C" are replaced by the following phrase: ", Group II of Appendix Civ Appendix E".
D. Article 4, paragraph 8
Article 4, paragraph 8 of the Protocol: the phrase "Article 2G" is replaced by the following phrase: "Articles 2G and 2H".
E. Article 4A: Regulation of trade with the Parties
The following article is added to the Protocol as Article 4A: 1. In cases where, after the date of cessation of production and consumption of a controlled substance applicable to a Party, that Party, despite taking all practical measures to comply with its obligation under the Protocol, is unable to cease production of that substance for domestic consumption, with the exception of uses recognized by the Parties as essential, it prohibits export of used, recycled and disposed volumes of this substance, with the exception of those intended for destruction. 2. Paragraph 1 of this article shall apply without prejudice to the operation of article 11 of the Convention and the non-compliance procedure developed in accordance with article 8 of the Protocol.
F. Article 4B: Licensing
The following article is added to the Protocol as Article 4B: 1. Each Party, by 1 January 2000 or within three months after the date of entry into force of this article for it, whichever is later, shall establish and implement a licensing system for the import and export of new, used, recycled and disposed controlled substances listed in Annexes A, B, C and E. 2. Notwithstanding the provisions of paragraph 1 of this Article, any Party operating under paragraph 1 of Article 5 that decides that it is unable to establish and implement a licensing system for the import and export of controlled substances listed in Annexes C and E may defer the adoption of these measures until January 1, 2005 and January 1, 2005, respectively. January 2002. 3. Each Party shall, within three months after the date of its introduction of the licensing system, send information to the Secretariat on the establishment and operation of this system. 4. The Secretariat shall periodically prepare and distribute to all Parties a list of those Parties that have provided it with information on their licensing system, and forward this information to the Implementation Committee for consideration and appropriate recommendations to the Parties.
ARTICLE 2: RELATIONSHIP TO THE 1992 AMENDMENT
No State or regional economic integration organization may deposit an instrument of ratification, acceptance, approval or accession to this Amendment unless it has deposited in advance or simultaneously such an instrument relating to the Amendment adopted at the Fourth Meeting of the Parties in Copenhagen on 25 November 1992.
ARTICLE 3: ENTRY INTO FORCE
1. This Amendment shall enter into force on 1 January 1999, subject to the deposit of at least twenty 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 the specified condition is not met by this date, the Amendment shall enter into force on the ninetieth day after the date of compliance with this condition. 2. For the purposes of paragraph 1, any such instrument deposited by a regional economic integration organization shall not be considered additional to those deposited by the member States of such organization. 3. After the entry into force of this Amendment in accordance with paragraph 1, the Amendment shall enter into force in respect of any other Party to the Protocol on the ninetieth day after the date of deposit of the instrument of ratification, acceptance or approval.
THE UNITED NATIONS
Reference: C.N. 428.1992. TREATIES-12 (Notification of the Depositary)
THE MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE LAYER WAS CONCLUDED IN MONTREAL ON SEPTEMBER 16, 1987
ADOPTION OF AMENDMENTS AND AMENDMENTS BY THE FOURTH MEETING OF THE PARTIES IN COPENHAGEN, NOVEMBER 23-25, 1992
The Secretary-General of the United Nations, acting as the depositary, reports the following:
I
At the fourth meeting of the Parties to the above-mentioned Protocol, held in Copenhagen from 23 to 25 November 1992, the Parties amended the Protocol (decisions IV/2 and IV/3), in accordance with article 2(9)(c) of the Protocol. The text of the amendments will be forwarded with this message in the six languages of adoption as annexes I and II. The amendments will enter into force six months after the date of publication of this communication in accordance with article 2 (9) (d) of the Protocol.
II
Also, at the fourth meeting of the Parties, in accordance with article 9(4) of the Vienna Convention for the Protection of the Ozone Layer of 1985, the Parties adopted an amendment to the Protocol (Decision IV/4). The text of the amendment is being forwarded with this communication in the six languages of adoption as annex III. In accordance with Article 3, paragraph 1, "This Amendment shall enter into force on January 1, 1994, subject to the deposit of at least twenty 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 the specified conditions are not met by that date, the Amendment shall enter into force on the ninetieth day after the date of compliance with these conditions." After the entry into force of this amendment in accordance with Article 3, paragraph 3, the Amendment shall enter into force in respect of any other Party to the Protocol on the ninetieth day after the date of deposit of the instrument of ratification, acceptance or approval.
March 22, 1993
Annex III AMENDMENT TO THE MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE LAYER
ARTICLE 1: AMENDMENT
A. Article 1, paragraph 4
In paragraph 4 of Article 1 of the Protocol, the words: or in Annex B are replaced by the following: , annex B, Annex C or Annex E.
B. Paragraph 9 of article 1
Paragraph 9 of article 1 of the Protocol is omitted.
C Paragraph 5 of article 2
In paragraph 5 of article 2, after the words: articles 2 A - 2 E, the words are added: and article 2 H
D. Article 2, paragraph 5 bis
After paragraph 5 of Article 2 of the Protocol, insert the following paragraph: 5 bis. Any Party not operating under paragraph 1 of Article 5 may, within any single or multiple regulatory periods, transfer to any other Party any part of the quota of its calculated consumption level specified in Article 2 (F), provided that the estimated consumption level of the controlled substances included in Annex A, Group I, of the Party transferring part the quota of their estimated consumption level did not exceed the mental index of 0.25 kilograms in 1989 and that the total estimated consumption level for these Parties does not exceed the limits of consumption restrictions, which are established by this article. Each Party concerned shall notify the secretariat of such transfer, stating the terms and the period for which it is valid.
E. Paragraphs 8 (a) and 11 of article 2
In paragraphs 8 (a) and 11 of Article 2 of the Protocol, the words: articles 2 A - 2 E in each individual case are replaced by the following: articles 2 A - 2 H
F. Article 2, paragraph 9 (a) (i)
In paragraph 9 (a) (i) of Article 2 of the Protocol, the words: and/or Annex B will be replaced by the words: , annex B, Annex C and/or annex E.
G. Article 2 F - Hydrochlorofluorocarbons
The following article is added after article 2 of the Protocol:
Article 2 F - Hydrochlorofluorocarbons
1. Each Party shall ensure that, for the twelve-month period beginning on 1 January 1996 and for each subsequent twelve-month period, its calculated level of consumption of controlled substances included in Annex C, group I, does not exceed the following cumulative indicators: (a) Three point one percent of its calculated level of consumption of controlled substances included in group I of Annex A; and (b) the estimated level of its consumption in 1989 of the controlled substances included in group I of Annex C. 2. Each Party shall ensure that, for the twelve-month period beginning on 1 January 2004 and for each subsequent twelve-month period, its estimated annual consumption of the controlled substances included in Annex C, group I, does not exceed sixty-five per cent of the cumulative figure specified in paragraph 1 of this article. 3. Each Party shall ensure that, for the twelve-month period beginning on 1 January 2010 and for each subsequent twelve-month period, its estimated annual consumption of the controlled substances included in Annex C, group I, does not exceed thirty-five per cent of the cumulative figure specified in paragraph 1 of this Article. 4. Each Party shall ensure that, for the twelve-month period beginning on 1 January 2015 and for each subsequent twelve-month period, its estimated annual consumption of the controlled substances included in Annex C, group I, does not exceed ten percent of the cumulative figure specified in paragraph 1 of this Article. 5. Each Party shall ensure that for the twelve-month period beginning on January 1, 2020, and for each subsequent twelve-month period, its estimated annual consumption of the controlled substances included in Annex A, group I, does not exceed 0.5 percent of the cumulative figure specified in paragraph 1 of this Article. 6. Each Party shall ensure that, for the twelve-month period beginning on January 1, 2030, and for each subsequent twelve-month period, its estimated annual consumption of controlled substances included in Annex C, group I, does not exceed zero. 7. Starting from 1 January 1996, each Party shall strive to ensure that: (a) The use of controlled substances included in Annex C, Group I, is limited to those uses in which there are no more environmentally acceptable alternative substances or technologies.; (b) The use of controlled substances included in Annex C, group I, except in rare cases where it is necessary to protect human life or health, has not been carried out outside the areas of use currently being met by controlled substances included in Annexes A, B and C; and (c) in addition to taking into account other considerations Related to the environment, safety and economics, the controlled substances included in Group I of Annex C were selected in such a way as to minimize the depletion of the ozone layer.
H. Article 2 G: Hydrobromofluorocarbons
The following article is added after article 2 F of the Protocol:
Article 2 G: Hydrobromofluorocarbons
Each Party shall ensure that for the twelve-month period beginning on 1 January 1996 and for each twelve-month period thereafter, its estimated consumption of the controlled substances in Annex C, group II, does not exceed zero. Each Party producing this substance, for the same periods, ensures that the estimated level of its production of these substances does not exceed zero. This paragraph applies except in cases where the Parties make a decision that allows for the level of production and consumption necessary to meet the types of applications that they agree to consider essential.
I. Article 2 H: Methyl bromide
The following article is added after article 2 G of the Protocol:
Article 2 H: Methyl bromide
Each Party shall ensure that for the twelve-month period beginning on 1 January 1995 and for each twelve-month period thereafter, its estimated consumption of the controlled substance listed in Annex E does not exceed its estimated annual consumption in 1991. Each Party producing such a substance shall, for the same periods, ensure that its estimated production level of the substance does not exceed its estimated annual production level in 1991. However, in order to meet the basic domestic needs of the Parties operating under paragraph 1 of Article 5, its estimated production level may exceed this limit by no more than ten percent of its estimated production level in 1991. The estimated consumption and production levels in accordance with this Article do not include the amount of substances used by the Party for medicinal purposes and for processing products before transportation.
J. Article 3
In article 3 of the Protocol, the words:
2 A - 2 E
Replaced by words:
2 A - 2 N
and the words: or appendices B are replaced every time they occur by the words: , appendices B, appendices C or appendices E
K. Paragraph 1 ter of article 4
The following paragraph is added after paragraph 1 bis of Article 4 of the Protocol: 1 ter. For a period of one year after the date of entry into force of this paragraph, each Party shall prohibit the import of any of the controlled substances included in Annex C, group II, from any State that is not a Party to this Protocol.
L. Paragraph 2 ter of article 4
The following paragraph is added after paragraph 2 bis of Article 4 of the Protocol: 2 ter. After one year from the date of entry into force of this paragraph, each Party shall prohibit the export of any of the controlled substances included in Annex C, group II, to any State that is not a Party to this Protocol.
M. Paragraph 3 ter of article 4
The following paragraph is added after paragraph 3 bis of Article 4 of the Protocol: 3 ter. Within three years after the date of entry into force of this paragraph, the Parties, in accordance with the procedures set out in Article 10 of the Convention, shall establish as an annex a list of products containing controlled substances included in Annex C, group II. The Parties that have not objected to this Annex, in accordance with the specified procedures, prohibit, within one year from the date of entry into force of this annex, the import of such products from any State that is not a Party to this Protocol.
N. Paragraph 4 ter of article 4
The following paragraph is added after paragraph 4 bis of Article 4 of the Protocol: 4 ter. Within five years after the date of entry into force of this paragraph, the Parties shall determine the practicability of prohibiting or restricting the import of products based on controlled substances included in Annex C, Group II, but not containing them. The Parties, if they deem it possible, in accordance with the procedures specified in Article 10 of the Convention, develop a list of such products in the form of an annex. The Parties that have not objected to this annex, in accordance with the specified procedures, prohibit or restrict, within one year from the date of entry into force of this annex, the import of such products from any State that is not a Party to this Protocol.
A. Paragraphs 5, 6 and 7 of article 4
In paragraphs 5, 6 and 7 of Article 4 of the Protocol, the words: controlled substances are replaced by the words: controlled substances included in Annexes A and B and group II of Annex C.
R. Paragraph 8 of article 4
In paragraph 8 of Article 4 of the Protocol, the words: referred to in paragraphs 1,1 bis, 3,3 bis, 4 and 4 bis, and exports referred to in paragraphs 2 and 2 bis are replaced by the following phrase: and exports referred to in paragraphs 1-4 ter of this article, and after the words: articles 2 A - 2 E, the words: articles 2 G are added
Q. Article 4, paragraph 10
The following words are deleted from paragraph 1 (a) of Article 9 of the Protocol: and transitional
vv. Paragraph 1 of article 10
In paragraph 1 of Article 10 of the Protocol, after the words: in Articles 2 A - 2 E, the following text is added: , as well as any control measures under Articles 2 F - 2 H, which have been decided pursuant to paragraph 1 bis of Article 5.
CC. paragraph 4 (g) of article 11
Delete the following phrase from paragraph 4 (g) of article 11 of the Protocol: And the situation with transitional substances
DD. Article 17
In article 17 of the Protocol, the words: articles 2 A - 2 E are replaced by the words: articles 2 A - 2 H
her. Applications
1. Appendix C
The following application replaces Appendix C to the Protocol:
Appendix C
Regulated substances
Group
Substance
Number of isomers
Ozone-depleting potential*
Group I
CHFCl2
(HCFC-21)**
1
0,04
CHF2Cl
(HCFC-22)**
1
0,055
CH2FCl
(HCFC-31)
1
0,02
C2HFCl4
(HCFC-121)
2
0,01 - 0,04
C2HF2sl3
(HCFC-122)
3
0,02 - 0,08
C2HF3Cl2
(HCFC-123)
3
0,02 - 0,06
HCL2CF3
(HCFC-123)**
-
0,02
C2HF4Cl
(HCFC-124)
2
0,02 - 0,04
CHFClCF3
(HCFC-124)**
-
0,022
C2H2FCl3
(HCFC-131)
3
0,007 - 0,05
C2H2F3Cl2
(HCFC-132)
4
0,008 - 0,05
C2H2F3Cl
(HCFC-133)
3
0,02 - 0,06
C2H3FCl2
(HCFC-141)
3
0,005 - 0,07
CH3CFCl2
(HCFC-141b)**
-
0,11
C2H3F2Cl
(HCFC-142)
3
0,008 - 0,07
CH3CF2Cl
(HCFC-142b)**
-
0,065
* For the purposes of the Protocol, if there is a range of indicators, the highest indicator in that range is used. The LFS shown in the table as a single indicator are determined by calculations based on laboratory measurements. Those of them, which are expressed by a range of indicators, are based on estimated data and, as a result, allow for significantly larger deviations. The range of indicators belongs to the isomeric group. In this case, a high indicator represents the calculated ODP of the isomer with the highest ODP, and a low indicator represents the calculated ODP of the isomer with the lowest ODP. ** The most competitive substances whose ODP values should be applied for the purposes of the Protocol.
Group
Substance
Number of isomers
Ozone-depleting potential*
C2H4FCl
(HCFC-151)
2
0,003 - 0,005
C3HFCl6
(HCFC-221)
5
0,015 - 0,07
C3HF2Cl5
(HCFC-222)
9
0,01 - 0,09
C3HF3Cl4
(HCFC-223)
12
0,01 - 0,08
C3HF4Cl3
(HCFC-224)
12
0,01 - 0,09
C3HF5Cl2
(HCFC-225)
9
0,02 - 0,07
CF3CF2CHCl2
(HCFC-225ca)**
-
0,025
CF2ClCF2CHClF
(HCFC-225cb)**
-
0,033
C3HF6Cl
(HCFC-226)
5
0,02 - 0,10
C3H2FCl5
(HCFC-231)
9
0,05 - 0,09
C3H2F2Cl4
(HCFC-232)
16
0,008 - 0,10
C3H2F3Cl3
(HCFC-233)
18
0,007 - 0,23
C3H2F4Cl2
(HCFC-234)
16
0,01 - 0,28
C3H2F5Cl
(HCFC-235)
9
0,03 - 0,52
C3H3FCl4
(HCFC-241)
12
0,004 - 0,09
C3H3F2Cl3
(HCFC-242)
18
0,005 - 0,13
C3H3F3Cl2
(HCFC-243)
18
0,007 - 0,12
C3H3F4Cl
(HCFC-244)
12
0,009 - 0,14
C3H4FCl3
(HCFC-251)
12
0,001 - 0,01
C3H4F2Cl2
(HCFC-252)
16
0,005 - 0,04
C3H4F3Cl
(HCFC-253)
12
0,003 - 0,03
C3H5Cl2
(HCFC-261)
9
0,002 - 0,02
C3H5F2Cl
(HCFC-262)
9
0,002 - 0,02
C3H6F2Cl
(HCFC-271)
5
0,001 - 0,03
Group II
CHFBr2
1
1,00
CHF2Br
(GBFU-22B1)
1
0,74
CH2FBr
1
0,73
C2HFBr4
2
0,3 - 0,8
C2HF2Br3
3
0,5 - 1,8
C2HF3Br2
3
0,4 - 1,6
C2HF4Br
2
0,7 - 1,2
C2H2FBr3
3
0,1 - 1,1
C2H2F2Br2
4
0,2 - 1,5
C2H2F3Br
3
0,7 - 1,6
C2H3FBr2
3
0,1 - 1,7
C2H3F2Vr
3
0,2 - 1,1
C2H4FBr
2
0,07 - 0,1
C3NFVr6
5
0,3 - 1,5
C3HF2Br5
9
0,2 - 1,9
C3HF3Br4
12
0,3 - 1,8
C3HF4Br3
12
0,5 - 2,2
C3HF5Br2
9
0,9 - 2,0
C3HF6Br
5
0,7 - 3,3
C3H2FBr5
9
0,1 - 1,9
C3H2F2Br4
16
0,2 - 2,1
C3H2F3Br3
18
0,2 - 5,6
C3H2F4Br2
16
0,3 - 7,5
C3H2F5Vr
8
0,9 - 14
C3H3FVr4
12
0,08 - 1,9
C3H3F2Br3
18
0,1 - 3,1
C3H3F3Br2
18
0,1 - 2,5
C3H3F4Br
12
0,3 - 4,4
C3H4FBr3
12
0,03 - 0,3
C3H4F2Br2
16
0,1 - 1,0
C3H4F3Br
12
0,07 - 0,8
C3H5FBr2
9
0,04 - 0,4
C3H5F2Br
9
0,07 - 0,8
C3H6FVr
5
0,02 - 0,7
2. Appendix E
Include the following application in the Protocol:
Appendix E
Regulated substances
Group
Substance
Ozone-depleting potential
Group I CH3Vg
Methyl bromide
0,7
ARTICLE 2: RELATION TO THE 1990 AMENDMENT
No State or regional economic integration organization may deposit an instrument of ratification, acceptance, approval or accession to this amendment unless it has deposited in advance or simultaneously such an instrument relating to the Amendment adopted at the Second Meeting of the Parties in London on 29 June 1990.
ARTICLE 3: ENTRY INTO FORCE
1. This Amendment shall enter into force on 1 January 1994, subject to the deposit of at least twenty 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 the specified conditions are not met by that date, the Amendment shall enter into force on the ninetieth day after the date of compliance with these conditions. 2. For the purposes of paragraph 1, any such instrument deposited by a regional economic integration organization shall not be considered additional to those deposited by the member States of such organization. 3. After the entry into force of this amendment in accordance with paragraph 1, the Amendment shall enter into force in respect of any other Party to the Protocol on the ninetieth day after the date of deposit of the instrument of Ratification, acceptance or approval.
The RCPI's note. The following are the texts of the Protocol in English, Arabic, Chinese and Italian.
President
Republic of Kazakhstan
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