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Summaries of EU Legislation

Montreal Protocol on substances that deplete the ozone layer

 

SUMMARY OF:

Montreal Protocol on substances that deplete the ozone layer

Decision 88/540/EEC on the conclusion of the Vienna Convention for the protection of the ozone layer and the Montreal Protocol on substances that deplete the ozone layer

WHAT IS THE AIM OF THE PROTOCOL AND THE DECISION?

  • The Montreal Protocol (to the Vienna Convention for the protection of the ozone layer) is a global agreement to protect the earth’s stratospheric ozone layer by phasing out the chemicals that deplete it. This phase-out includes both the production and consumption of ozone-depleting substances (ODSs).
  • Because ODSs are also potent greenhouse gases, the phase-out is also critical to mitigating climate change. Moreover, despite the fact that hydrofluorocarbons (HFCs) do not deplete the ozone, the protocol seeks to phase down their production and consumption to avoid that ODSs are replaced by the HFCs which contribute significantly to climate change.
  • The Montreal Protocol was agreed in 1987 and entered into force in 1989. It has been amended several times. Its most recent amendment, the Kigali Amendment calls for the gradual phase-down of HFCs.
  • Emissions from HFCs are covered by the Paris Agreement, approved by Decision (EU) 2016/1841. Thus the Montreal Protocol helps to meet the objective of keeping the global temperature increase well below 2 °C above pre-industrial levels and to pursue efforts to limit the temperature increase even further to 1.5 °C above pre-industrial levels.
  • Decision 88/540/EEC gives the EU’s legal approval for the Vienna Convention for the protection of the ozone layer and the Montreal Protocol on substances that deplete the ozone layer, as adopted by its Parties on 15 September 1987.

KEY POINTS

  • The EU and the EU countries are Parties to the Vienna Convention and its Montreal Protocol.
  • The Protocol includes provisions relating to:
    • control measures (Article 2)
    • calculation of control levels (Article 3)
    • control of trade with non-Parties (Article 4)
    • the special situation of developing countries (Article 5)
    • reporting of data (Article 7)
    • non-compliance (Article 8)
    • financial mechanism
    • technical assistance (Article 10), as well as other topics.
  • The substances controlled are listed in Annexes: A (Chlorofluorocarbons — CFCs, halons), B (other fully halogenated CFCs, carbon tetrachloride, methyl chloroform), C (hydrochlorofluorocarbons — HCFCs, hydrobromofluorocarbons — HBFCs and bromochloromethane), E (methyl bromide) and F (HFCs).
  • The Montreal Protocol envisages a phase-out of the consumption and production of the ozone-depleting substances and a phase-down of HFCs in a step-wise manner. There are different timetables for developing countries (referred to as Article 5 Parties) and developed countries (referred to as non-Article 5 Parties) for each group of substances.
  • The timetable includes:
    • CFCs by 1 January 1996 for non-Article 5 Parties and by 1 January 2010 for Article 5 Parties (with possible exemptions);
    • Halons by 1 January 1994 for non-Article 5 Parties and by 1 January 2010 for Article 5 Parties (with possible exemptions);
    • HCFCs by 1 January 2020 for non-Article 5 Parties and by 1 January 2030 for Article 5 Parties (with possible exemptions and a small percentage can be used for servicing existing refrigeration and air-conditioning equipment (i.e. an allowance of 0.5 % of base level consumption until January 1, 2030 for servicing of refrigeration and air-conditioning equipment existing on 1 January 2020 for non-Article 5 Parties, and an allowance of 2.5 % of base level consumption when averaged over 10 years 2030-2040 until January 1, 2040 for servicing of refrigeration and air conditioning equipment existing on 1 January 2030 for Article 5 Parties);
    • For HFCs the first reduction step for non-Article 5 Parties is in 2019, while most Article 5 Parties will start their phase-down in 2024.
  • Article 4 of the Montreal Protocol includes non-party trade rules: These prohibit or restrict countries which are party to the Protocol from trading in controlled substances with countries not party to the Protocol. By doing so, they aim at maximising participation in the Protocol. The provisions were applied originally to the initial groups of ODSs and have been extended over time to include the additional groups of substances included in the Protocol in successive amendments.
  • Parties to the Montreal Protocol:
    • adopt procedures for determining measures of non-compliance and for treating Parties found to be in non-compliance;
    • assess every 4 years, since 1990, implementation of the control measures, including the possibility of adding or removing substances from the banned lists;
    • have annual reporting obligations on each of the controlled substances. The data must be provided to the Protocol’s Secretariat;
    • cooperate to promote relevant best technologies, control strategies and possible alternatives to the substances;
    • promote technical assistance to help non-Party countries participate in and implement the protocol;
    • hold regular meetings which are serviced by the secretariat;
    • provide the funds for the operation of the Protocol, including for the functioning of the secretariat;
    • may notify their intention to withdraw from the Protocol under the conditions specified in Article 19.

FROM WHEN DO THE PROTOCOL, ITS AMENDMENTS AND THE RELATED DECISIONS APPLY?

  • The original Montreal Protocol entered into force on 1 January 1989.
  • Decision 88/540/EEC has applied since 25 October 1988.
  • The first amendment to the Montreal Protocol, London, 1990 entered into force on 10 August 1992.
  • Decision 91/690/EEC has applied since 23 December 1991.
  • The second amendment to the Montreal Protocol, Copenhagen 1992 entered into force on 14 June 1994.
  • Council Decision 94/68/EC has applied since 14 February 1994.
  • The third amendment to the Montreal Protocol, Montreal, 1997 entered into force on 10 November 1999.
  • Decision 2000/646/EC has applied since 17 October 2000.
  • The fourth amendment to the Montreal Protocol, Beijing, 1999 entered into force on 25 February 2002.
  • Decision 2002/215/EC has applied since 4 March 2002.
  • The fifth amendment to the Montreal Protocol, Kigali, 2016 entered into force on 1 January 2019.
  • Decision (EU) 2017/1541 has applied since 18 July 2017.

BACKGROUND

  • To date, the Montreal Protocol is the only UN treaty that has been ratified by all countries of the world — all 197 UN member-countries. It represents an important milestone in the UN’s history. It evolves over time in the light of scientific, technical and economic developments. It now covers nearly 100 man-made chemicals that damage the ozone layer’s ability to protect humans and other life from harmful ultraviolet radiation from the sun.
  • The EU implements the protocol through its own legislation which contains stricter and more ambitious measures.
  • While the protocol regulates the production of the substances and their bulk trade, Regulation (EC) No 1005/2009 on substances that deplete the ozone layer, for instance, prohibits their use in products and equipment and regulates and monitors substances that are not covered by the Protocol.
  • In addition, Regulation (EU) No 517/2014 on reducing fluorinated greenhouse gases includes an ambitious phase-down of HFCs, which started already in 2015 and which also covers HFCs contained in certain products and equipment. Regulation (EU) No 517/2014 also includes prohibitions on placing on the market of certain new products and equipment containing fluorinated gases and includes several measures that prevent emissions.
  • For more information, see:

MAIN DOCUMENTS

Montreal Protocol on substances that deplete the ozone layer — Declaration by the European Economic Community (OJ L 297, 31.10.1988, pp. 21-28)

Amendment to the Montreal Protocol on substances that deplete the ozone layer (OJ L 377, 31.12.1991, pp. 30-40)

Amendment to the Montreal Protocol on substances that deplete the ozone layer (OJ L 33, 7.2.1994, pp. 3-10)

Amendment to the Montreal Protocol adopted by the ninth meeting of the parties (OJ L 272, 25.10.2000, pp. 27-28)

Amendment to the Montreal Protocol on substances that deplete the ozone layer (OJ L 72, 14.3.2002, pp. 20-22)

Amendment to the Montreal Protocol on substances that deplete the ozone layer (OJ L 236, 14.9.2017, pp. 3-13)

Council Decision 88/540/EEC of 14 October 1988 concerning the conclusion of the Vienna Convention for the protection of the ozone layer and the Montreal Protocol on substances that deplete the ozone layer (OJ L 297, 31.10.1988, pp. 8-9)

Council Decision 91/690/EEC of 12 December 1991 concerning the conclusion of the amendment to the Montreal Protocol on substances that deplete the ozone layer as adopted in June 1990 in London by the Parties to the Protocol (OJ L 377, 31.12.1991, pp. 28-40)

Council Decision 94/68/EC of 2 December 1993 concerning the conclusion of the amendment to the Montreal Protocol on substances that deplete the ozone layer (OJ L 33, 7.2.1994, pp. 1-2)

Council Decision 2000/646/EC of 17 October 2000 concerning the conclusion of the amendment to the Montreal Protocol on substances that deplete the ozone layer (OJ L 272, 25.10.2000, p. 26)

Council Decision 2002/215/EC of 4 March 2002 concerning the conclusion of the Fourth Amendment to the Montreal Protocol on substances that deplete the ozone layer (OJ L 72, 14.3.2002, pp. 18-19)

Council Decision (EU) 2017/1541 of 17 July 2017 on the conclusion, on behalf of the European Union, of the Kigali Amendment to the Montreal Protocol on substances that deplete the ozone layer (OJ L 236, 14.9.2017, pp. 1-2)

RELATED DOCUMENTS

Paris Agreement (OJ L 282, 19.10.2016, pp. 4-18)

Council Decision (EU) 2016/1841 of 5 October 2016 on the conclusion, on behalf of the European Union, of the Paris Agreement adopted under the United Nations Framework Convention on Climate Change (OJ L 282, 19.10.2016, pp. 1-3)

Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16 September 2009 on substances that deplete the ozone layer (OJ L 286, 31.10.2009, pp. 1-30)

Successive amendments to Regulation (EC) No 1005/2009 have been incorporated into the original text. This consolidated version is of documentary value only.

Regulation (EU) No 517/2014 of the European Parliament and of the Council of 16 April 2014 on fluorimated greenhouse gases and repealing Regulation (EC) No 842/2006 (OJ L 150, 20.5.2014, pp. 195-230)

last update 12.12.2019

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