CHAPTER XXVII
ENVIRONMENT
2fAmendment to the Montreal Protocol on Substances that Deplete the Ozone LayerKigali, 15 October 20161 January 2019, in accordance with article IV , paragraphs 1 and 2, with the exception of the changes to article 4 of the Protocol set out in article I of the Amendment which will enter into force on 1 January 2033. After the entry into force of the Amendment, as provided under paragraphs 1 and 2 of article IV, it shall enter into force for any other Party to the Protocol on the ninetieth day following the date of deposit of its instrument of ratification, acceptance or approval.1 January 2019, No. 26369Parties125See the text of the Amendment in: C.N.872.2016.TREATIES-XXVII.2.f of 23 November 2016 (Adoption of amendment); C.N.730.2017.TREATIES-XXVII.2.f of 20 November 2017 (Entry into force). C.N.72.2018.TREATIES-XXVII.2.f of 9 February 2018 (Proposal of corrections to the French and Spanish authentic texts of the Amendment) and C.N.245.2018.TREATIES-XXVII.2.f of 17 May 2018 (Corrections); C.N.118.2018.TREATIES-XXVII.2.f of 2 March 2018 (Proposal of correction to article 3 (2) of the Amendment) and C.N.278.2018.TREATIES-XXVII.2.f of 4 June 2018 (Correction); C.N.232.2018.TREATIES-XXVII.2.f of 7 May 2018 (Proposal of corrections to the Chinese and French authentic texts of the Amendment) and CN.379.2018.TREATIES-XXVII.2.f of 14 August 2018 (Corrections).At the Twenty-Eighth Meeting of the Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer, held in Kigali from 10 to 15 October 2016, the Parties adopted, in accordance with the procedure laid down in paragraph 4 of article 9 of the 1985 Vienna Convention for the Protection of the Ozone Layer, a further amendment to the Montreal Protocol as set out in Annex I to the report of the Twenty-Eighth Meeting of the Parties (Decision XXVIII/1).
ParticipantAcceptance(A), Ratification, Approval(AA)Albania18 Jan 2019 Andorra23 Jan 2019 AAngola16 Nov 2020 Argentina22 Nov 2019 Armenia 2 May 2019 AAustralia27 Oct 2017 AAustria27 Sep 2018 Bangladesh 8 Jun 2020 Barbados19 Apr 2018 Belgium 4 Jun 2018 Benin19 Mar 2018 Bhutan27 Sep 2019 Bolivia (Plurinational State of) 9 Oct 2020 Bosnia and Herzegovina26 May 2021 Botswana19 Sep 2020 ABulgaria 1 May 2018 Burkina Faso26 Jul 2018 Burundi26 Mar 2021 Cabo Verde28 Oct 2020 Cambodia 8 Apr 2021 ACameroon24 Aug 2021 Canada 3 Nov 2017 Chad26 Mar 2019 Chile19 Sep 2017 China17 Jun 2021 AColombia25 Feb 2021 Comoros16 Nov 2017 Cook Islands22 Aug 2019 ACosta Rica23 May 2018 Côte d'Ivoire29 Nov 2017 ACroatia 6 Dec 2018 Cuba20 Jun 2019 Cyprus22 Jul 2019 Czech Republic27 Sep 2018 ADemocratic People's Republic of Korea21 Sep 2017 Denmark<superscript>1</superscript> 6 Dec 2018 AADominican Republic14 Apr 2021 AEcuador22 Jan 2018 El Salvador13 Sep 2021 AEstonia27 Sep 2018 Eswatini24 Nov 2020 AEthiopia 5 Jul 2019 European Union27 Sep 2018 AAFiji16 Jun 2020 Finland14 Nov 2017 AFrance29 Mar 2018 AAGabon28 Feb 2018 AGambia 5 May 2021 Germany14 Nov 2017 AGhana 2 Aug 2019 Greece 5 Oct 2018 Grenada29 May 2018 Guinea 5 Dec 2019 Guinea-Bissau22 Oct 2018 Holy See17 Jun 2020 Honduras28 Jan 2019 Hungary14 Sep 2018 AAIceland25 Jan 2021 AIreland12 Mar 2018 Japan18 Dec 2018 AJordan16 Oct 2019 Kiribati26 Oct 2018 Kyrgyzstan 8 Sep 2020 Lao People's Democratic Republic16 Nov 2017 ALatvia17 Aug 2018 Lebanon 5 Feb 2020 Lesotho 7 Oct 2019 Liberia12 Jul 2020 Liechtenstein16 Sep 2020 Lithuania24 Jul 2018 Luxembourg16 Nov 2017 Malawi21 Nov 2017 Malaysia21 Oct 2020 Maldives13 Nov 2017 Mali31 Mar 2017 AMarshall Islands15 May 2017 Mauritius 1 Oct 2019 Mexico25 Sep 2018 AMicronesia (Federated States of)12 May 2017 Montenegro23 Apr 2019 Mozambique16 Jan 2020 Namibia16 May 2019 ANetherlands<superscript>2</superscript> 8 Feb 2018 ANew Zealand<superscript>3</superscript> 3 Oct 2019 Nicaragua30 Sep 2020 Niger29 Aug 2018 Nigeria20 Dec 2018 Niue24 Apr 2018 North Macedonia12 Mar 2020 Norway 6 Sep 2017 Palau29 Aug 2017 Panama28 Sep 2018 Paraguay 1 Nov 2018 APeru 7 Aug 2019 Poland 7 Jan 2019 Portugal17 Jul 2018 AARomania 1 Jul 2020 ARussian Federation 3 Oct 2020 ARwanda23 May 2017 Samoa23 Mar 2018 San Marino20 Oct 2020 ASao Tome and Principe 4 Oct 2019 Senegal31 Aug 2018 Seychelles20 Aug 2019 ASierra Leone15 Jun 2020 Slovakia16 Nov 2017 Slovenia 7 Dec 2018 Somalia27 Nov 2019 South Africa 1 Aug 2019 Sri Lanka28 Sep 2018 Sweden17 Nov 2017 Switzerland 7 Nov 2018 Syrian Arab Republic 5 Apr 2021 Togo 8 Mar 2018 ATonga17 Sep 2018 Trinidad and Tobago17 Nov 2017 Tunisia27 Aug 2021 Turkmenistan31 Aug 2020 Tuvalu21 Sep 2017 Uganda21 Jun 2018 United Kingdom of Great Britain and Northern Ireland<superscript>4</superscript>14 Nov 2017 Uruguay12 Sep 2018 Vanuatu20 Apr 2018 Viet Nam27 Sep 2019 AAZambia15 Mar 2021
ChinaDeclaration :I. Article 5 of the Montreal Protocol on Substances that Deplete the Ozone Layer shall not apply to the Hong Kong Special Administrative Region and the Macao Special Administrative Region of the People’s Republic of China.II. In accordance with the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China and the Basic Law of the Macao Special Administrative Region of the People’s Republic of China, the Government of the People’s Republic of China decides that the above-mentioned Amendment shall apply to the Macao Special Administrative Region of the People’s Republic of China, and unless otherwise notified by the Government of the People’s Republic of China, shall not apply to the Hong Kong Special Administrative Region of the People’s Republic of China.European UnionDeclaration:Declaration by the European Union in conformity with Article 13 (3) of the Vienna Convention for the protection of the ozone layer concerning the extent of its competence with respect to the matters covered by the Convention and by the Montreal Protocol on substances that deplete the ozone layer.The following States are at present Members of the European Union: the Kingdom of Belgium, the Republic of Bulgaria, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, Ireland, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Republic of Croatia, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, Hungary, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, Romania, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden, the United Kingdom of Great Britain and Northern Ireland.In accordance with the Treaty on the Functioning of the European Union, and in particular Article 192 (1) thereof, the Union has competence for entering into international agreements, and for implementing the obligations resulting therefrom, which contribute to the pursuit of the following objectives:1. preserving, protecting and improving the quality of the environment;2. protecting human health;3. prudent and rational utilisation of natural resources;4. promoting measures at international level to deal with regional or worldwide environmental problems, and in particular combating climate change.The Union has exercised its competence in the area covered by the Vienna Convention and the Montreal Protocol by adopting legal instruments, in particular Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16 September 2009 on substances that deplete the ozone layer (recast)1, replacing earlier legislation for the protection of the ozone layer, and of Regulation (EU) No 517/2014 of the European Parliament and of the Council of 16 April 2014 on fluorinated greenhouse gases and repealing Regulation (EC) No 842/20062. The Union is competent for the performance of those obligations from the Vienna Convention and the Montreal Protocol regarding which the provisions of Union legal instruments, in particular those mentioned above, establish common rules and if and insofar as such common rules are affected or altered in scope by provisions of the Vienna Convention or the Montreal Protocol or an act adopted in implementation thereof; otherwise the Union's competence continues to be shared between the Union and its Member States.The exercise of competences by the European Union pursuant to the Treaties is, by its nature, subject to continuous development. The Union therefore reserves the right to adjust this Declaration.In the field of research, as referred to by the Convention, the Union has competence to carry out activities, in particular to define and implement programmes; however, the exercise of that competence does not result in Member States being prevented from exercising theirs.Holy SeeDeclaration:“In ratifying the Kigali Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer, the Holy See desires to encourage the entire international community to be resolute in promoting authentic cooperation between politics, science, economics, and civil society. Such cooperation, as has been shown in the case of the international 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» (Holy See's Declaration Attached to the Instrument of Accession to the Vienna Convention, the Montreal Protocol and its four Amendments, 9 April 2008). The international ozone regime has demonstrated that «we have the freedom needed to limit and direct technology; we can put it at the service of another type of progress, one which is healthier, more human, more social, more integral» (Pope Francis, Encyclical Letter Laudato Si’, 18 May 2015, n. 112).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 ratification, intends to give its own support to the commitment of States to the correct and effective implementation of the ozone regime and to care for our common home. To this end, it wishes to acknowledge the fact that «the continued acceleration of changes affecting humanity and our planet, coupled today with a more intense pace of life and work, should constantly urge us to ask whether the goals of this progress are truly directed to the common good and to a sustainable and integral human development, or whether they causeharm to our world and to the quality of life of much of humanity, now and in the future» (Message of His Holiness Pope Francis to the XXXI Meeting of the Parties to the Montreal Protocol, 7 November 2019).”1With territorial exclusion in respect of Greenland. See C.N.578.2018.TREATIES-XXVII.2.f of 6 December 2018.2For the European Part of the Netherlands.3With a territorial exclusion in respect of Tokelau. See C.N.490.2019.TREATIES-XXVII.2.f of 3 October 2019.4On 18 October 2019, the Secretary-General received from the Government of the United Kingdom of Great Britain and Northern Ireland the following notification: “... the Government of the United Kingdom of Great Britain and Northern Ireland hereby extends the application of the United Kingdom’s ratification of the Kigali Amendment to Gibraltar, for whose international relations the United Kingdom is responsible. The Government of the United Kingdom of Great Britain and Northern Ireland hereby declares that the Kigali Amendment shall be extended to Gibraltar as from the date of receipt of this declaration.” On 25 February 2021, the Government of the United Kingdom of Great Britain and Northern Ireland notified the Secretary-General that the Amendment would extend to the territory of the Isle of Man as follows: “... the Government of the United Kingdom of Great Britain and Northern Ireland hereby extends the application of the United Kingdom’s ratification of the… Kigali [Amendment] to the Montreal Protocol to the territory of the Isle of Man for the international relations of which the United Kingdom is responsible. The Government of the United Kingdom of Great Britain and Northern Ireland considers the extension of the… Kigali [Amendment] to the Montreal Protocol to the territory of the Isle of Man to be effective on the day of receipt of this notification...”