{"id":3520,"date":"2019-06-06T17:49:42","date_gmt":"2019-06-06T17:49:42","guid":{"rendered":"http:\/\/english.bashariyat.org\/?p=3520"},"modified":"2019-06-06T17:50:17","modified_gmt":"2019-06-06T17:50:17","slug":"montreal-protocol-on-substances-that-deplete-the-ozone-layer","status":"publish","type":"post","link":"https:\/\/english.bashariyat.org\/?p=3520","title":{"rendered":"Montreal Protocol on Substances that Deplete the Ozone Layer"},"content":{"rendered":"

1. Background<\/strong><\/em><\/span>
\n1.1 At the meeting held on 10 July 2009, the Subcommittee on Ozone
\nLayer Protection (Products Containing Scheduled Substances) (Import
\nBanning)(Amendment) Regulation 2009 (the Subcommittee) requested the
\nResearch and Library Services Division to provide background information on
\nthe Montreal Protocol on Substances that Deplete the Ozone Layer (Montreal
\nProtocol). The Montreal Protocol is an international treaty adopted in 1987 to
\nprotect the ozone layer by phasing out the consumption and production of a
\nnumber of substances responsible for ozone depletion.
\n1.2 Against the above background, the purpose of this information note
\nis to provide the Subcommittee with information on the background leading to
\nthe adoption of the Montreal Protocol, as well as the regulatory framework
\nestablished under the treaty. The preferential treatment for developing
\nsignatory countries and the effectiveness of the Montreal Protocol will also be
\ndiscussed.<\/p>\n

2. Prelude to the adoption of the Montreal Protocol<\/strong><\/em><\/span>
\n2.1 Above the Earth’s surface at an altitude of between 10 km and 50 km
\nlies the stratosphere, the region where most of the ozone molecules reside.
\nThis stratospheric ozone layer forms a protective shield against ultraviolet
\nradiation enacting from the sun, which will be harmful to human health and the
\nenvironment if it reaches the Earth’s surface.
\n2.2 The concerns over the depletion of the ozone layer surfaced in the
\nearly 1970s when scientists warned about a thinning of the stratospheric ozone
\nbelt caused by ozone-depleting substances (ODS). ODS were man-made
\nchemicals being used extensively in industrial processes during that period.
\nVarious research studies showed that the increased release of ODS into the
\natmosphere would cause damage to the ozone layer. In 1977, the United
\nNations Environment Program (UNEP2) of the United Nations established
\nthe Coordinating Committee on the Ozone Layer to study the issue and suggest
\nscientific solutions to the problem. Subsequently, UNEP initiated an effort to
\nnegotiate an international treaty to phase out ODS, which was culminated in
\nthe adoption of the Vienna Convention for the Protection of the Ozone Layer in
\nMarch 1985.
\n2.3 The Vienna Convention was a framework convention without
\nestablishing any controls on the consumption and production of ODS. It only
\ncalled for the signatory countries to study, research, and report on various
\naspects of the ozone depletion. Two months after the adoption of the Vienna
\nConvention, British scientists discovered destruction of ozone (the “ozone
\nhole”) over the Antarctic. This discovery triggered governments and the
\ninternational community to recognize the need for stronger measures to
\nrespond to the problem of ozone depletion. After two more years of intensive
\nnegotiations, efforts to protect the ozone layer took an important step forward
\nwith the adoption of the Montreal Protocol on 16 September 1987. This
\ninternational treaty entered into force on 1 January 1989 and was ratified by
\n195 countries as at May 2009. It sets out, among other things, binding,
\ntime-targeted and measurable commitments for the signatory countries to phase
\nout the consumption and production of ODS.<\/p>\n

3. Evolution of the Montreal Protocol<\/strong><\/em><\/span>
\n3.1 The Montreal Protocol, adopted in 1987, originally identified eight
\nODS as controlled substances and set out control measures to freeze and reduce
\nthe production and consumption of these controlled substances. After more
\nthan 20 years of development, the Montreal Protocol now covers 96 ODS in its
\nlist of controlled substances.
\n3.2 The Montreal Protocol has put in place a mechanism for signatory
\ncountries to meet at least every four years to review the control measures
\nprescribed under the Montreal Protocol and to introduce “amendments” and\/or
\n“adjustments” to the treaty if necessary. Since 1989, a total of 20 Meetings
\nof the Parties to the Montreal Protocol (MOP) have been held.
\nAmendments and adjustments of the Montreal Protocol
\n3.3 According to UNEP, “amendments” are significant changes to the
\nMontreal Protocol, such as adding new controlled substances and new
\nobligations to the treaty. Parties are not bound by these changes unless and
\nuntil they ratify the relevant “amendment”. Countries that have not ratified a
\ncertain “amendment” are considered as a non-party to the new controlled
\nsubstances or obligations introduced by that amendment. On the other hand,
\n“adjustments” are changes to the Montreal Protocol which affect the phase-out
\nschedules for existing controlled substances. “Adjustments” are automatically
\nbinding for all countries that have ratified the Montreal Protocol, or the
\nrelevant “amendment” that introduced the controlled substances concerned.
\n3.4 Over the dynamic history of the Montreal Protocol, the treaty has
\nbeen adjusted six times in 1990 (London), 1992 (Copenhagen), 1995 (Vienna),
\n1997 (Montreal), 1999 (Beijing) and 2007 (Montreal) respectively to accelerate
\nthe phase-out schedules. It has also been amended four times, by the London
\nAmendment in 1990, the Copenhagen Amendment in 1992, the Montreal
\nAmendment in 1997 and the Beijing Amendment in 1999, in a move to add
\nnew controlled substances and introduce other kinds of control measures to the
\ntreaty.
\n3.5 Apart from adding new controlled substances, the 1990 London
\nAmendment also set out preferential treatment for developing countries under
\nthe Montreal Protocol (defined as “Article 5 parties” in the treaty). As to be
\ndiscussed in paragraphs 5.1-5.4 below, these Article 5 parties are permitted,
\namong other things, to delay implementing the control measures by up to
\n10 years, as compared with non-Article 5 parties (mainly developed countries).<\/p>\n

4. Control measures under the Montreal Protocol<\/strong><\/em><\/span>
\n4.1 The core of the Montreal Protocol is the control measures the treaty
\nrequires its signatories to impose on the production and consumption of ODS.
\nThe original Montreal Protocol provided for controls on eight chemical
\nsubstances \u2013 five CFCs and three halons. The subsequent MOPs convened in
\nLondon, Copenhagen, Vienna, Montreal and Beijing have each brought
\nforward the phase-out schedules for existing ODS and broadened the coverage
\nof controlled substances to other ODS. The control measures introduced at
\nthese MOPs for consumption and production of ODS by Article 5 and
\nnon-Article 5 parties are detailed in Appendices I and II respectively.
\n4.2 Articles 2A to 2I of the Montreal Protocol stipulate the control
\nmeasures governing the consumption and production of controlled substances
\nlisted in Annexes A, B, C and E to the Montreal Protocol. These control
\nmeasures are generally characterized by:<\/p>\n

(a) initial freeze
\non consumption\/production \u2013 generally tied to an
\nhistoric consumption\/production level;
\n(b) 100% phase-out by a specified date; and
\n(c) interim targets (i.e. stepped reductions).<\/p>\n

5. Preferential treatment for developing signatories<\/strong><\/em><\/span>
\n5.1 Compared with developed countries, developing countries operating
\nunder Article 5 of the Montreal Protocol are entitled to a longer phase-out
\nperiod for most of controlled substances listed in Annexes A, B, C and E. In
\nparticular, they could delay by 10 years the implementation of the control
\nmeasures agreed at the MOP held in London in 1990. Against this, Article 5
\nparties could phase out the consumption and production of the relevant
\ncontrolled substances in Annexes A and B (except for methyl chloroform) by
\n2010, whereas the then corresponding phase-out date for non-Article 5 parties
\nwas 2000 (see the third column of Appendix I for Article 5 parties and
\nAppendix II for non-Article 5 parties respectively).
\n5.2 The preferential treatment granted for Article 5 parties is to address
\nthe concerns that developing countries still use most ODS and that they usually
\ndo not have easy access to alternative technologies, know-how and capital
\ninvestment for complying with the control measures prescribed under the
\nMontreal Protocol. The grace period is intended to give Article 5 parties
\nsufficient time to receive the technical and policy support they need for a
\nsmooth transition to non-ODS technologies.
\n5.3 Under the Montreal Protocol, financial and technical assistance are
\nprovided to Article 5 parties to facilitate their compliance with the control
\nmeasures set out in the treaty. Such an arrangement also serves as an
\nincentive to encourage developing countries to accede to the Montreal Protocol.
\nAs to financial assistance, Article 10 of the Montreal Protocol prescribes for the
\nestablishment of a “Financial Mechanism” to facilitate the transfer of ODS
\nsubstitutes and related technology to Article 5 parties. The mechanism
\nincludes the Multilateral Fund as well as other means of multilateral, regional
\nand bilateral co-operation. The Multilateral Fund finances the “agreed
\nincremental costs” incurred by Article 5 parties in phasing out their
\nconsumption and production of ODS. Since its commencement in 1991, the
\nMultilateral Fund has undergone replenishment every three years with
\ncontributions by non-Article 5 parties.
\n5.4 Article 10A of the Montreal Protocol further provides for the transfer
\nof technology to Article 5 parties. In particular, all parties to the Montreal
\nProtocol shall take “every practicable step” to ensure that “the best available,
\nenvironmentally safe substitutes and related technologies are expeditiously
\ntransferred” to Article 5 parties “under fair and most favorable conditions”.<\/p>\n

6. Trade measures under the Montreal Protocol<\/strong><\/em><\/span>
\n6.1 Article 4 of the Montreal Protocol prohibits trade in ODS between
\nparties and non-parties to the treaty. According to UNEP, a non-party (with
\nregard to a particular ODS) is any signatory country whose government has not
\nratified, accepted, approved or accessed the Montreal Protocol or one or more
\nof its specific amendments that have introduced a particular ODS as a
\ncontrolled substance. The situation with respect to ratification as at May 2009
\nwas as follows: 195 of 196 countries had ratified the Montreal Protocol,
\n192 the London Amendment, 189 the Copenhagen Amendment, 175 the
\nMontreal Amendment and 156 the Beijing Amendment.
\n6.2 As stipulated under Article 4 of the Montreal Protocol, the “control
\nof trade with non-parties” covers restrictions on:<\/p>\n

(a) imports and exports of the controlled substances listed in
\nAnnexes A, B, C and E;
\n(b) the products containing controlled substances; and
\n(c) trade in ODS technology and equipment.<\/p>\n

The above trade restrictions serve to safeguard that the industries of the
\nsignatory countries would not be tempted to circumvent their obligations by
\nimporting controlled substances from non-parties, or to escape the phase-out
\nschedules by migrating production to non-parties and then re-exporting the
\ncontrolled substances for local consumption. The prohibitive trade measures
\nalso aim at maximizing participation in the Montreal Protocol, by denying
\nnon-parties supplies of the controlled substances (and\/or the products
\ncontaining them). However, the trade bans are not applicable to a non-party
\nwhich demonstrates, and the parties to the Montreal Protocol agree, that it is in
\nfull compliance with the treaty’s control measures.<\/p>\n

Products containing controlled substances<\/strong>
\n6.3 Article 4 also prohibits the imports from non-parties of products
\ncontaining Annex A substances. These products are listed in Annex D to the
\nMontreal Protocol, which are comprised of:<\/p>\n

(a) automobile and truck air-conditioning units;
\n(b) domestic and commercial refrigeration and air conditioning\/heat
\npump equipment (such as refrigerators, freezers, dehumidifiers,
\nwater coolers, ice machines and air-conditioning and heat pump units);
\n(c) aerosol products, except medical aerosols;
\n(d) portable fire extinguishers;
\n(e) insulation boards, panels and pipe covers; and
\n(f) pre-polymers.<\/p>\n

Annex D, effective in May 1993, is not applicable to a non-party that is in
\ncompliance with the Montreal Protocol’s control schedules.<\/p>\n

Trade in ODS technology and equipment<\/strong>
\n6.4 Article 4 of the Montreal Protocol further requires signatory
\ncountries to undertake the fullest practical extent to discourage the exports of
\ntechnology to any non-parties for producing and using the controlled
\nsubstances listed in Annexes A, B, C and E. They are also required to refrain
\nfrom providing new subsidies, aid, credits, guarantees or insurance
\nprograms for exports to non-parties of products, equipment, plants or
\ntechnology that would facilitate the production of controlled substances.
\nExceptions are allowed for products, equipment, plants, or technology that
\nimprove the containment, recovery, recycling or destruction of controlled
\nsubstances, promote the development of alternative substances, or otherwise
\ncontribute to the reduction of emission of controlled substances.<\/p>\n

7. Effectiveness of the Montreal Protocol<\/strong><\/em><\/span>
\n7.1 Due to its widespread adoption and implementation, the Montreal
\nProtocol has been hailed as an example of exceptional international
\nco-operation, with former Secretary General Kofi Annan quoted as saying it is
\n“perhaps the single most successful international agreement to date”. By
\n2006, 96% of all ODS had been phased out globally and the total consumption
\nof CFCs worldwide had fallen to 3.2% of the 1986 level.
\n7.2 Furthermore, the most recent report from the UNEP Scientific
\nAssessment Panel indicates that the level of ODS in the atmosphere peaked in
\nthe late 1990s. Assuming continuing compliance with the Montreal Protocol,
\nit is estimated that the global ozone level will recover to the pre-1980s level
\naround 2050. The Antarctic ozone hole is expected to disappear during
\n2065-2075. Without the Montreal Protocol, it is calculated that the total
\nquantity of ODS in the atmosphere would, by 2050, be five times today’s level.<\/p>\n","protected":false},"excerpt":{"rendered":"

1. Background 1.1 At the meeting held on 10 July 2009, the Subcommittee on Ozone Layer Protection (Products Containing Scheduled Substances) (Import Banning)(Amendment) Regulation 2009 (the Subcommittee) requested the Research and Library Services Division to provide background information on the Montreal Protocol on Substances that Deplete the Ozone Layer (Montreal Protocol). The Montreal Protocol is … <\/p>\n

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