CHAPTER XXVII

ENVIRONMENT2aMontreal Protocol on Substances that Deplete the Ozone LayerMontreal, 16 September 1987Entry into force1 January 1989, in accordance with article 16(1).Registration1 January 1989, No. 26369StatusSignatories46Parties1971TextUnited Nations, <i>Treaty Series </i>, vol. 1522, p. 3; and depositary notifications C.N.285.1988.TREATIES-15 of 20 January 1989 (procès-verbal of rectification of the original Spanish text); C.N.181.1989.TREATIES-9 of 28 August 1989 (modification of Annex A); C.N.225.1990.TREATIES-7 of 7 September 1990 (adoption of adjustments); C.N.246.1990.TREATIES-9 of 14 November 1990 (amendment); C.N.133.1991.TREATIES-3/2 of 27 August 1991 (rectification of the Spanish text of the adjustments and amendment); C.N.227.1991.TREATIES-7 of 27 November 1991 (adoption of Annex D.)<superscript>2</superscript>; C.N.428.1992.TREATIES-12 of 22 March 1993 (adoption of adjustments and amendment of 1993); C.N.200.1993.TREATIES-2 of 17 September 1992 (procès-verbal of rectification of the original English text of the 1992 amendment); C.N.484.1995.TREATIES-5 of 5 February 1996 (adoption of adjustments); C.N.468.1997.TREATIES-4/1 of 5 December 1997 (adoption of adjustments); C.N.1230.1999.TREATIES-7 of 28 January 2000 (adoption of adjustments); C.N.1096.2007.TREATIES-1 of 14 November 2007 (adoption of adjustments); C.N.535.2009.TREATIES-3 of 2 September 2009 (Proposal of corrections to the Chinese text of the adjustments) and C.N.874.2009.TREATIES-5 of 10 December 2009 (Corrections of adjustments (Chinese text)).The Protocol was adopted by the Conference of Plenipotentiaries on the Protocol on Chlorofluorocarbons to the Vienna Convention for the Protection of the Ozone Layer, held in Montreal from14 to 16 September 1987. Open for signature in Montreal on 16 September 1987, in Ottawa from17 September 1987 to 16 January 1988 and at United Nations Headquarters, New York, from 17 January 1988 to 15 September 1988, in accordance with article 15.

ParticipantSignatureRatification, Acceptance(A), Approval(AA), Accession(a), Succession(d)Afghanistan17 Jun 2004 aAlbania 8 Oct 1999 aAlgeria20 Oct 1992 aAndorra26 Jan 2009 aAngola17 May 2000 aAntigua and Barbuda 3 Dec 1992 aArgentina29 Jun 1988 18 Sep 1990 Armenia 1 Oct 1999 aAustralia 8 Jun 1988 19 May 1989 Austria29 Aug 1988 3 May 1989 Azerbaijan12 Jun 1996 aBahamas 4 May 1993 aBahrain27 Apr 1990 aBangladesh 2 Aug 1990 aBarbados16 Oct 1992 aBelarus22 Jan 1988 31 Oct 1988 ABelgium16 Sep 1987 30 Dec 1988 Belize 9 Jan 1998 aBenin 1 Jul 1993 aBhutan23 Aug 2004 aBolivia (Plurinational State of) 3 Oct 1994 aBosnia and Herzegovina<superscript>3</superscript> 1 Sep 1993 dBotswana 4 Dec 1991 aBrazil19 Mar 1990 aBrunei Darussalam27 May 1993 aBulgaria20 Nov 1990 aBurkina Faso14 Sep 1988 20 Jul 1989 Burundi 6 Jan 1997 aCambodia27 Jun 2001 aCameroon30 Aug 1989 aCanada16 Sep 1987 30 Jun 1988 Cape Verde31 Jul 2001 aCentral African Republic29 Mar 1993 aChad 7 Jun 1994 Chile14 Jun 1988 26 Mar 1990 China<superscript>4,5</superscript>14 Jun 1991 aColombia 6 Dec 1993 aComoros31 Oct 1994 aCongo15 Sep 1988 16 Nov 1994 Cook Islands22 Dec 2003 aCosta Rica30 Jul 1991 aCôte d'Ivoire 5 Apr 1993 aCroatia<superscript>3</superscript>21 Sep 1992 dCuba14 Jul 1992 aCyprus28 May 1992 aCzech Republic<superscript>6</superscript>30 Sep 1993 dDemocratic People's Republic of Korea24 Jan 1995 aDemocratic Republic of the Congo30 Nov 1994 aDenmark<superscript>7</superscript>16 Sep 1987 16 Dec 1988 Djibouti30 Jul 1999 aDominica31 Mar 1993 aDominican Republic18 May 1993 aEcuador30 Apr 1990 aEgypt16 Sep 1987 2 Aug 1988 El Salvador 2 Oct 1992 aEquatorial Guinea 6 Sep 2006 aEritrea10 Mar 2005 aEstonia17 Oct 1996 aEthiopia11 Oct 1994 aEuropean Union16 Sep 1987 16 Dec 1988 AAFiji23 Oct 1989 aFinland16 Sep 1987 23 Dec 1988 AFrance16 Sep 1987 28 Dec 1988 AAGabon 9 Feb 1994 aGambia25 Jul 1990 aGeorgia21 Mar 1996 aGermany<superscript>8,9</superscript>16 Sep 1987 16 Dec 1988 Ghana16 Sep 1987 14 Jul 1992 Greece29 Oct 1987 29 Dec 1988 Grenada31 Mar 1993 aGuatemala 7 Nov 1989 aGuinea25 Jun 1992 aGuinea-Bissau12 Nov 2002 aGuyana12 Aug 1993 aHaiti29 Mar 2000 aHoly See 5 May 2008 aHonduras14 Oct 1993 aHungary20 Apr 1989 aIceland29 Aug 1989 aIndia19 Jun 1992 aIndonesia21 Jul 1988 26 Jun 1992 Iran (Islamic Republic of) 3 Oct 1990 aIraq25 Jun 2008 aIreland15 Sep 1988 16 Dec 1988 Israel14 Jan 1988 30 Jun 1992 Italy16 Sep 1987 16 Dec 1988 Jamaica31 Mar 1993 aJapan16 Sep 1987 30 Sep 1988 AJordan31 May 1989 aKazakhstan26 Aug 1998 aKenya16 Sep 1987 9 Nov 1988 Kiribati 7 Jan 1993 aKuwait23 Nov 1992 aKyrgyzstan31 May 2000 aLao People's Democratic Republic21 Aug 1998 aLatvia28 Apr 1995 aLebanon31 Mar 1993 aLesotho25 Mar 1994 aLiberia15 Jan 1996 aLibya11 Jul 1990 aLiechtenstein 8 Feb 1989 aLithuania18 Jan 1995 aLuxembourg29 Jan 1988 17 Oct 1988 Madagascar 7 Nov 1996 aMalawi 9 Jan 1991 aMalaysia29 Aug 1989 aMaldives12 Jul 1988 16 May 1989 Mali28 Oct 1994 aMalta15 Sep 1988 29 Dec 1988 Marshall Islands11 Mar 1993 aMauritania26 May 1994 aMauritius18 Aug 1992 aMexico16 Sep 1987 31 Mar 1988 AMicronesia (Federated States of) 6 Sep 1995 aMonaco12 Mar 1993 aMongolia 7 Mar 1996 aMontenegro<superscript>10</superscript>23 Oct 2006 dMorocco 7 Jan 1988 28 Dec 1995 Mozambique 9 Sep 1994 aMyanmar24 Nov 1993 aNamibia20 Sep 1993 aNauru12 Nov 2001 aNepal 6 Jul 1994 aNetherlands<superscript>11</superscript>16 Sep 1987 16 Dec 1988 ANew Zealand<superscript>12</superscript>16 Sep 1987 21 Jul 1988 Nicaragua 5 Mar 1993 aNiger 9 Oct 1992 aNigeria31 Oct 1988 aNiue22 Dec 2003 aNorway16 Sep 1987 24 Jun 1988 Oman30 Jun 1999 aPakistan18 Dec 1992 aPalau29 May 2001 aPanama16 Sep 1987 3 Mar 1989 Papua New Guinea27 Oct 1992 aParaguay 3 Dec 1992 aPeru31 Mar 1993 aPhilippines14 Sep 1988 17 Jul 1991 Poland13 Jul 1990 aPortugal<superscript>5,13</superscript>16 Sep 1987 17 Oct 1988 Qatar22 Jan 1996 aRepublic of Korea27 Feb 1992 aRepublic of Moldova24 Oct 1996 aRomania27 Jan 1993 aRussian Federation29 Dec 1987 10 Nov 1988 ARwanda11 Oct 2001 aSamoa21 Dec 1992 aSan Marino23 Apr 2009 aSao Tome and Principe19 Nov 2001 aSaudi Arabia 1 Mar 1993 aSenegal16 Sep 1987 6 May 1993 Serbia<superscript>3</superscript>12 Mar 2001 dSeychelles 6 Jan 1993 aSierra Leone29 Aug 2001 aSingapore 5 Jan 1989 aSlovakia<superscript>6</superscript>28 May 1993 dSlovenia<superscript>3</superscript> 6 Jul 1992 dSolomon Islands17 Jun 1993 aSomalia 1 Aug 2001 aSouth Africa15 Jan 1990 aSouth Sudan12 Jan 2012 aSpain21 Jul 1988 16 Dec 1988 Sri Lanka15 Dec 1989 aSt. Kitts and Nevis10 Aug 1992 aSt. Lucia28 Jul 1993 aSt. Vincent and the Grenadines 2 Dec 1996 aSudan29 Jan 1993 aSuriname14 Oct 1997 aSwaziland10 Nov 1992 aSweden16 Sep 1987 29 Jun 1988 Switzerland16 Sep 1987 28 Dec 1988 Syrian Arab Republic12 Dec 1989 aTajikistan 7 Jan 1998 aThailand15 Sep 1988 7 Jul 1989 The former Yugoslav Republic of Macedonia<superscript>3</superscript>10 Mar 1994 dTimor-Leste16 Sep 2009 aTogo16 Sep 1987 25 Feb 1991 Tonga29 Jul 1998 aTrinidad and Tobago28 Aug 1989 aTunisia25 Sep 1989 aTurkey20 Sep 1991 aTurkmenistan18 Nov 1993 aTuvalu15 Jul 1993 aUganda15 Sep 1988 15 Sep 1988 Ukraine18 Feb 1988 20 Sep 1988 AUnited Arab Emirates22 Dec 1989 aUnited Kingdom of Great Britain and Northern Ireland<superscript>4,14</superscript>16 Sep 1987 16 Dec 1988 United Republic of Tanzania16 Apr 1993 aUnited States of America16 Sep 1987 21 Apr 1988 Uruguay 8 Jan 1991 aUzbekistan18 May 1993 aVanuatu21 Nov 1994 aVenezuela (Bolivarian Republic of)16 Sep 1987 6 Feb 1989 Viet Nam26 Jan 1994 aYemen21 Feb 1996 aZambia24 Jan 1990 aZimbabwe 3 Nov 1992 aBahrainDeclaration:<i>[See under chapter XXVII.2.] </i>European UnionUpon signature:"In the light of article 2.8 of the Protocol, the Community wishes to state that its signature takes place on the assumption that all its member states will take the necessary steps to adhere to the Convention and to conclude the Protocol."<right>23 May 1989</right><i>[See under chapter XXVII.2.] </i>Holy See<i>Declaration:</i>“In acceding to the Vienna Convention on the Protection of the Ozone Layer and the Montreal Protocol on Substances that Deplete the Ozone Layer, as well as its four Amendments: London (1990), Copenhagen (1992), Montreal (1997) and Beijing (1999), the Holy See desires to encourage the entire International Community to be resolute in promoting authentic cooperation between politics, science and economics. Such cooperation, as has been shown in the case of the ozone regime, can achieve important outcomes, which make it simultaneously possible to safeguard creation, to promote integral human development and to care for the common good, in a spirit of responsible solidarity and with profound positive repercussions for present and future generations.In conformity with its own nature and with the particular character of Vatican City State, the Holy See, by means of the solemn act of accession, intends to give its own moral support to the commitment of States to the correct and effective implementation of the Treaties in question and to the attaining of the mentioned objectives. To this end, it expresses the wish that by recognizing ‘the signs of [an economic growth] that has not always been able to protect the delicate balances of nature’ (Homily of Pope Benedict XVI at Loreto, 2 September 2007), all actors will intensify the aforesaid cooperation and strengthen ‘the alliance between man and the environment, which must mirror the creative love of God, from whom we come and to whom we are bound’(Benedict XVI, After the Angelus, 16 September 2007).”1For the purpose of entry into force of the [Convention/Protocol] , any instrument of ratification, acceptance, approval or accession deposited by a regional economic integration organization shall not be counted as additional to those deposited by member States of that Organization.2On 27 May 1992, the Government of Singapore notified the Secretary-General, in accordance with article 10 (2) ( <i>b </i>) of the Vienna Convention for the Protection of the Ozone Layer, of the following: "Singapore is still in the process of evaluating the feasibility of imposing controls on all the products listed in Annex D. In the interim, Singapore can only approve the intention to ban import of the following: (a) All products classified under item 2 of Annex D except domestic refrigerators and freezers; and (b) All products classified under item 3 of Annex D." Consequently, on the expiry of six months from the date of its circulation, i.e., 27 May 1992, in accordance with the provisions of article 10 (2) ( <i>c </i>) of the Vienna Convention, Annex D became effective in its entirety for all Parties to the Montreal Protocol, with the exception of Singapore, for which the Annex became effective only with respect of the products described above. Subsequently, on 20 April 1993, the Government of Singapore in- formed the Secretary-General that "the Republic of Singapore is now in a position to approve the full list of products under Annex D... with immediate effect."3The former Yugoslavia had acceeded to the Protocol on 3 January 1991. See also note 1 under “Bosnia and Herzegovina”, “Croatia”, “former Yugoslavia”, “Slovenia”, “The Former Yugoslav Republic of Macedonia” and “Yugoslavia” in the “Historical Information” section in the front matter of this volume.4On 6 and 10 June 1997, the Secretary-General received communications concerning the status of Hong Kong from the Governments of the United Kingdom and China (see also note 2 under “China” and note 2 under “United Kingdom of Great Britain and Northern Ireland” regarding Hong Kong in the “Historical Information” section in the front matter of this volume). Upon resuming the exercise of sovereignty over Hong Kong, China notified the Secretary-General that the Convention with the reservation made by China will also apply to the Hong Kong Special Administrative Region. In addition, the notification made by the Government of China contained the following declaration: Provisions of article 5 of the [said Protocol] will not be applied to the Hong Kong Special Region.5On 19 October 1999, the Secretary-General received from the Government of China, the following communication: In accordance with the Joint Declaration of the Government of the People's Republic of China and the Government of the Republic of Portugal on the Question of Macau (hereinafter referred to as the Joint Declaration), the Government of the People's Republic of China will resume the exercise of sovereignty over Macau with effect from 20 December 1999. Macau will, from that date, become a Special Administrative Region of the People's Republic of China and will enjoy a high degree of autonomy, except in foreign and defense affairs which are the responsibilities of the Central People's Government of the People's Republic of China. In this connection, [the Government of the People's Republic of China informs the Secretary-General of the following:] The Vienna Convention for the Protection of the Ozone Layer, which the Government of the People's Republic of China deposited the instrument of accession on 11 September 1989, as well as the Montreal Protocol on Substances that Deplete the Ozone Layer of 16 September 1987 and the Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer of 29 June 1990 (hereinafter referred to as the "Convention, the Protocol and the Amendment"), will apply to the Macau Special Administrative Region with effect from 20 December 1999. The Government of the People's Republic of China also wishes to make the following declaration: Provisions of Article 5 of the Montreal Protocol on Substances that Deplete the Ozone Layer of 16 September 1987 will not be applied to the Macau Special Administrative Region, and provisions of paragraph 1 of Article 5 of the Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer of 29 June 1990 will not be applied to the Macau Special Administrative Region. The Government of the People's Republic of China will assume responsibility for the international rights, and oligations arising from the application of the Convention, the Protocol and the Amendment to the Macau Special Administrative Region. In reference to the communication made on 19 October 1999, the Government of China furthermore informs the Secretary-General of the following: The above-mentioned declaration is solely to make the provisions of the Protocol that had previously applied to Macau continue to so apply to the Macau Special Administrative Region. The declaration is not purported to modify the obligations previously undertaken by Macau under the Protocol and is fully consistent with the objectives and purposes of the Protocol. In fact, the Chinese Government had made a statement of the same nature in the note of 6 June 1997 to the Secretary-General of the United Nations concerning the continuing application of the Protocol to the Hong Kong Special Administrative Region. The past two years and a half since Hong Kong's return to China saw a clear and full understanding on the part of the Parties to the Protocol of the approach adopted by the Chinese Government.6Czechoslovakia had acceded to the Protocol on 1 October 1990. See also note 1 under “Czech Republic” and note 1 under “Slovakia” in the “Historical Information” section in the front matter of this volume.7The decision, made on 20 December 1991, to reserve the application to Greenland and the Faroe Islands, was lifted by a notification received on 12 February 1997.8The German Democratic Republic had acceded to the Protocol on 25 January 1989. See also note 2 under “Germany” in the “Historical Information” section in the front matter of this volume.9See note 1 under “Germany” regarding Berlin (West) in the “Historical Information” section in the front matter of this volume.10See note 1 under "Montenegro" in the "Historical Information" section in the front matter of this volume.11For the Kingdom in Europe, the Netherlands Antilles and Aruba.12Upon ratification the Government of New Zealand specified that the Protocol shall not apply to the Cook Islands and Niue.13On 15 February 1994, the Secretary-General received from the Government of Portugal a notification to the effect that it shall extend the Protocol to Macau. Subsequently, the Secretary-General received, on 21 October 1999, from the Government of Portugal, the following communication: “In accordance with the Joint Declaration of the Government of the Portuguese Republic and the Government of the People's Republic of China on the Question of Macau signed on 13 April 1987, the Portuguese Republic will continue to have international responsibility for Macau until 19 December 1999 and from that date onwards the People's Republic of China will resume the exercise of sovereignty over Macau with effect from 20 December 1999. From 20 December 1999 onwards the Portuguese Republic will cease to be responsible for the international rights and obligations arising from the application of the Convention to Macau."14In respect of the United Kingdom of Great Britain and Northern Ireland, the Bailiwick of Jersey, the Isle of Man, Anguilla, Bermuda, British Antarctic Territory, British Indian Ocean Territory, British Virgin Islands, Cayman Islands, Falkland Islands (Malvinas), Gibraltar, Hong Kong <i>(see also note 3 ) </i>, Montserrat, Pitcairn, Henderson, Ducie and Oeno Islands, Saint Helena, Saint Helena Dependencies, South Georgia and the South Sandwich Islands, Turks and Caicos Islands. In this regard, the Secretary-General received, from the Government of Argentina the following objection: The Argentine Republic rejects the ratification of the above-mentioned Convention by the Government of the United Kingdom of Great Britain and Northern Ireland with respect to the Malvinas, South Georgia and South Sandwich Islands and reaffirms its sovereignty over those Islands, which form a part of its national territory. The United Nations General Assembly has adopted resolutions 2065 (XX), 3160 (XXVIII), 31/49, 37/9, 38/12 and 39/6 in which it recognizes the existence of a sovereignty dispute concerning the question of the Malvinas and urges the Argentine Republic and the United Kingdom of Great Britain and Northern Ireland to resume negotiations in order to find as soon as possible a peaceful and definitive solution to the dispute and to their remaining differences relating to the question, through the good offices of the Secretary-General, who is to report to the General Assembly on the progress made. The United Nations General Assembly also adopted resolution 40/21 and 41/40, which again urge the two parties to resume the negotiations. The Argentine Republic also rejects the ratification of the above-mentioned Convention by the Government of the United Kingdom of Great Britain and Northern Ireland with respect to what that country calls "British Antarctic Territory". At the same time, it reaffirms its rights of sovereignty over the Argentine Antarctic Sector located between longitudes 25 <superscript>o</superscript> and 74 <superscript>o</superscript> W and latitude 60 <superscript>o</superscript> S and the South Pole, including its maritime spaces. It is appropriate to recall, in this connection, the provisions concerning rights of or claims to territorial sovereignty in Antarctica contained in article IV of the Antarctic Treaty. Further, upon ratification, the Government of Chile declared the following: [Chile] rejects the declaration made by the United Kingdom of Great Britain and Northern Ireland upon ratification, as it concerns the Chilean Antarctic Territory, including the corresponding maritime zones: [Chile] reaffirms once more its sovereignty over the said territory including its maritime areas, as defined by Supreme Decree No. 1747 of 6 November 1940. In this connection, the Secretary-General received, on 2 August 1990, from the Government of the United Kingdom, the following objection: "The Government of the United Kingdom of Great Britain and Northern Ireland have no doubt as to British sovereignty over the British Antarctic Territory. In this respect, the Government of the United Kingdom would draw attention to the provisions of Article IV of the Antarctic Treaty of 1 December 1959, to which both Chile and the United Kingdom are parties. For the above reasons, the Government of the United Kingdom reject the Chilean declaration." In a communication received on 30 August 1990, the Government of the United Kingdom notified the Secretary-General that the Protocol shall extend to the Bailiwick of Guernsey for whose international relations the Government of the United Kingdom is responsible. The Government of Mauritius, upon acceding to the Convention, made the following declaration: "The Republic of Mauritius rejects the ratification of [the Protocol] effected by the Government of the United Kingdom of Great Britain and Northern Ireland on 16 December 1988 in respect of the British Indian Ocean Territory namely Chagos Archipelago and reaffirms its sovereignty over the Chagos Archipelago, which form an integral part of its national territory." Subsequently, on 27 January 1993, the Secretary-General received from the Government of the United Kingdom of Great Britain and Northern Ireland the following communication with respect to the declaration made by the Government of Mauritius: "The Government of the United Kingdom of Great Britain and Northern Ireland have no doubt as to British sovereignty over the British Indian Ocean Territory and their consequent right to extend the application of the [said] Convention and Protocol to it. Accordingly, the Government of the United Kingdom do not accept or regard as having any legal effect the declarations made by the Government of the Republic of Mauritius.