Montreal Protocol on Substances that Deplete the Ozone Layer (Montreal, 16 September 1987)
(As amended in London 1990, Copenhagen 1992,
Montreal 1997, Beijing 1999)

OBJECTIVES  

         The potential effects on humans and the environment of depletion of the ozone layer have led Governments to reinforce the framework laid out in the Vienna Convention for the Protection of the Ozone Layer (1985). The Montreal Protocol on Substances that Deplete the Ozone Layer (Montreal Protocol), and the London (1990), Copenhagen (1992), Montreal (1997) and Beijing (1999) amendments to the Protocol, oblige Parties to protect the ozone layer by taking measures to control equitably total global emissions of substances that deplete the ozone layer with the ultimate objective of eliminating these substances.  
        The Montreal Protocol on Substances that Deplete the Ozone Layer contains clauses to cover the special circumstances of groups of countries, especially developing countries with low consumption rates. The Protocol is constructively flexible, however, in that it can be adjusted as the scientific evidence strengthens, without having to be completely renegotiated. It sets the elimination of ozone-depleting substances as its final objective. Parties recognized that the Protocol was only a beginning and that as new scientific evidence became available, tighter and stringent controls would be adopted.  


KEY PROVISIONS 

        The Parties must adopt appropriate legislation and policies to reduce activities likely to have an adverse effect on the ozone layer.  The Montreal Protocol provides for phase-out schedules of the various categories of controlled ozone depleting substances (ODS) and requires all Parties to ban exports and imports of controlled substances from and to non-Parties.  
        Developing countries benefit from the ten-year grace period with most substances scheduled for phase-out by 2010 (2015 for methyl chloroform and methyl bromide, and 2040 for hydrochlorofluorocarbons).  Several developing countries, however, will complete their phase out much before the stipulated date.  Recognition of the special circumstances of developing countries in the Montreal Protocol demonstrates the commitment by the industrialized countries to meet developing countries’ incremental costs of compliance with the Montreal Protocol.  


ENTRY INTO FORCE  

        The Protocol entered into force on 1 January 1989 in accordance with its provisions when 29 countries and the European Community representing approximately 82 per cent of world consumption had ratified it.


HOW TO BECOME A PARTY 

        The Protocol is closed for signature.  It remains open for ratification, acceptance, approval or accession by any state or regional economic integration organization wishing to become a Party.


RESERVATIONS  

         No reservations may be made to the Protocol.  


OPTIONAL/MANDATORY DECLARATIONS 

    None.  


WITHDRAWAL/DENUNCIATION

        Any Party that withdraws from the Convention is automatically considered to have withdrawn from the Montreal Protocol.  Any Party may withdraw from the Protocol in accordance with the relevant provisions of the Convention and the Protocol by notifying the depositary in writing.  Such withdrawal shall take effect upon expiry of one year after the date of its receipt by the Depositary or one year from the date specified in the Parties’ instrument of withdrawal, whichever is later.  


SUMMARY OF AMENDMENTS  

         The Amendments to the Protocol added additional chemicals to the list of controlled substances and converted transitional substances into controlled substances with reporting requirements as well as banned the import and export of additional substances. The phase out dates for many ODS, on the list of controlled substances were introduced, and licensing requirements were strengthened. A requirement on Parties to introduce licensing systems for imports and exports of all categories of ODS, including new, used, recycled and reclaimed substances, was introduced in the 1997 Montreal Amendment.  The aim of the licensing system is to help tackle the growing illegal trade in ODS, stemming from some users’ attempts to avoid the cost of replacing machinery requiring banned categories of chemicals. Provisions relating to technology transfer were integrated, as well as a financial mechanism, which included the establishment of  a Multilateral Fund. The purpose of the Fund is to assist eligible Parties to comply with the control measures.