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STATUS AS AT : 17-04-2014 05:01:30 EDT
CHAPTER XXVII
ENVIRONMENT
2 .a Montreal Protocol on Substances that Deplete the Ozone Layer
Montreal, 16 September 1987
Entry into force
:
1 January 1989, in accordance with article 16(1).
Registration :
1 January 1989, No. 26369
Status :
Signatories : 46. Parties : 197. 1
Text :
United Nations,  Treaty Series , 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.)2; 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)).
Note :
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.
Participant
Signature
Ratification, Acceptance(A), Approval(AA), Accession(a), Succession(d)
Afghanistan
  17 Jun 2004 a
Albania
   8 Oct 1999 a
Algeria
  20 Oct 1992 a
Andorra
  26 Jan 2009 a
Angola
  17 May 2000 a
Antigua and Barbuda
   3 Dec 1992 a
Argentina
29 Jun 1988
18 Sep 1990
Armenia
   1 Oct 1999 a
Australia
 8 Jun 1988
19 May 1989
Austria
29 Aug 1988
 3 May 1989
Azerbaijan
  12 Jun 1996 a
Bahamas
   4 May 1993 a
Bahrain
  27 Apr 1990 a
Bangladesh
   2 Aug 1990 a
Barbados
  16 Oct 1992 a
Belarus
22 Jan 1988
31 Oct 1988 A
Belgium
16 Sep 1987
30 Dec 1988
Belize
   9 Jan 1998 a
Benin
   1 Jul 1993 a
Bhutan
  23 Aug 2004 a
Bolivia (Plurinational State of)
   3 Oct 1994 a
Bosnia and Herzegovina 3
   1 Sep 1993 d
Botswana
   4 Dec 1991 a
Brazil
  19 Mar 1990 a
Brunei Darussalam
  27 May 1993 a
Bulgaria
  20 Nov 1990 a
Burkina Faso
14 Sep 1988
20 Jul 1989
Burundi
   6 Jan 1997 a
Cabo Verde
  31 Jul 2001 a
Cambodia
  27 Jun 2001 a
Cameroon
  30 Aug 1989 a
Canada
16 Sep 1987
30 Jun 1988
Central African Republic
  29 Mar 1993 a
Chad
   7 Jun 1994
Chile
14 Jun 1988
26 Mar 1990
China 4, 5
  14 Jun 1991 a
Colombia
   6 Dec 1993 a
Comoros
  31 Oct 1994 a
Congo
15 Sep 1988
16 Nov 1994
Cook Islands
  22 Dec 2003 a
Costa Rica
  30 Jul 1991 a
Côte d'Ivoire
   5 Apr 1993 a
Croatia 3
  21 Sep 1992 d
Cuba
  14 Jul 1992 a
Cyprus
  28 May 1992 a
Czech Republic 6
  30 Sep 1993 d
Democratic People's Republic of Korea
  24 Jan 1995 a
Democratic Republic of the Congo
  30 Nov 1994 a
Denmark 7
16 Sep 1987
16 Dec 1988
Djibouti
  30 Jul 1999 a
Dominica
  31 Mar 1993 a
Dominican Republic
  18 May 1993 a
Ecuador
  30 Apr 1990 a
Egypt
16 Sep 1987
 2 Aug 1988
El Salvador
   2 Oct 1992 a
Equatorial Guinea
   6 Sep 2006 a
Eritrea
  10 Mar 2005 a
Estonia
  17 Oct 1996 a
Ethiopia
  11 Oct 1994 a
European Union
16 Sep 1987
16 Dec 1988 AA
Fiji
  23 Oct 1989 a
Finland
16 Sep 1987
23 Dec 1988 A
France
16 Sep 1987
28 Dec 1988 AA
Gabon
   9 Feb 1994 a
Gambia
  25 Jul 1990 a
Georgia
  21 Mar 1996 a
Germany 8, 9
16 Sep 1987
16 Dec 1988
Ghana
16 Sep 1987
14 Jul 1992
Greece
29 Oct 1987
29 Dec 1988
Grenada
  31 Mar 1993 a
Guatemala
   7 Nov 1989 a
Guinea
  25 Jun 1992 a
Guinea-Bissau
  12 Nov 2002 a
Guyana
  12 Aug 1993 a
Haiti
  29 Mar 2000 a
Holy See
   5 May 2008 a
Honduras
  14 Oct 1993 a
Hungary
  20 Apr 1989 a
Iceland
  29 Aug 1989 a
India
  19 Jun 1992 a
Indonesia
21 Jul 1988
26 Jun 1992
Iran (Islamic Republic of)
   3 Oct 1990 a
Iraq
  25 Jun 2008 a
Ireland
15 Sep 1988
16 Dec 1988
Israel
14 Jan 1988
30 Jun 1992
Italy
16 Sep 1987
16 Dec 1988
Jamaica
  31 Mar 1993 a
Japan
16 Sep 1987
30 Sep 1988 A
Jordan
  31 May 1989 a
Kazakhstan
  26 Aug 1998 a
Kenya
16 Sep 1987
 9 Nov 1988
Kiribati
   7 Jan 1993 a
Kuwait
  23 Nov 1992 a
Kyrgyzstan
  31 May 2000 a
Lao People's Democratic Republic
  21 Aug 1998 a
Latvia
  28 Apr 1995 a
Lebanon
  31 Mar 1993 a
Lesotho
  25 Mar 1994 a
Liberia
  15 Jan 1996 a
Libya
  11 Jul 1990 a
Liechtenstein
   8 Feb 1989 a
Lithuania
  18 Jan 1995 a
Luxembourg
29 Jan 1988
17 Oct 1988
Madagascar
   7 Nov 1996 a
Malawi
   9 Jan 1991 a
Malaysia
  29 Aug 1989 a
Maldives
12 Jul 1988
16 May 1989
Mali
  28 Oct 1994 a
Malta
15 Sep 1988
29 Dec 1988
Marshall Islands
  11 Mar 1993 a
Mauritania
  26 May 1994 a
Mauritius
  18 Aug 1992 a
Mexico
16 Sep 1987
31 Mar 1988 A
Micronesia (Federated States of)
   6 Sep 1995 a
Monaco
  12 Mar 1993 a
Mongolia
   7 Mar 1996 a
Montenegro 10
  23 Oct 2006 d
Morocco
 7 Jan 1988
28 Dec 1995
Mozambique
   9 Sep 1994 a
Myanmar
  24 Nov 1993 a
Namibia
  20 Sep 1993 a
Nauru
  12 Nov 2001 a
Nepal
   6 Jul 1994 a
Netherlands 11
16 Sep 1987
16 Dec 1988 A
New Zealand 12
16 Sep 1987
21 Jul 1988
Nicaragua
   5 Mar 1993 a
Niger
   9 Oct 1992 a
Nigeria
  31 Oct 1988 a
Niue
  22 Dec 2003 a
Norway
16 Sep 1987
24 Jun 1988
Oman
  30 Jun 1999 a
Pakistan
  18 Dec 1992 a
Palau
  29 May 2001 a
Panama
16 Sep 1987
 3 Mar 1989
Papua New Guinea
  27 Oct 1992 a
Paraguay
   3 Dec 1992 a
Peru
  31 Mar 1993 a
Philippines
14 Sep 1988
17 Jul 1991
Poland
  13 Jul 1990 a
Portugal 5, 13
16 Sep 1987
17 Oct 1988
Qatar
  22 Jan 1996 a
Republic of Korea
  27 Feb 1992 a
Republic of Moldova
  24 Oct 1996 a
Romania
  27 Jan 1993 a
Russian Federation
29 Dec 1987
10 Nov 1988 A
Rwanda
  11 Oct 2001 a
Samoa
  21 Dec 1992 a
San Marino
  23 Apr 2009 a
Sao Tome and Principe
  19 Nov 2001 a
Saudi Arabia
   1 Mar 1993 a
Senegal
16 Sep 1987
 6 May 1993
Serbia 3
  12 Mar 2001 d
Seychelles
   6 Jan 1993 a
Sierra Leone
  29 Aug 2001 a
Singapore
   5 Jan 1989 a
Slovakia 6
  28 May 1993 d
Slovenia 3
   6 Jul 1992 d
Solomon Islands
  17 Jun 1993 a
Somalia
   1 Aug 2001 a
South Africa
  15 Jan 1990 a
South Sudan
  12 Jan 2012 a
Spain
21 Jul 1988
16 Dec 1988
Sri Lanka
  15 Dec 1989 a
St. Kitts and Nevis
  10 Aug 1992 a
St. Lucia
  28 Jul 1993 a
St. Vincent and the Grenadines
   2 Dec 1996 a
Sudan
  29 Jan 1993 a
Suriname
  14 Oct 1997 a
Swaziland
  10 Nov 1992 a
Sweden
16 Sep 1987
29 Jun 1988
Switzerland
16 Sep 1987
28 Dec 1988
Syrian Arab Republic
  12 Dec 1989 a
Tajikistan
   7 Jan 1998 a
Thailand
15 Sep 1988
 7 Jul 1989
The former Yugoslav Republic of Macedonia 3
  10 Mar 1994 d
Timor-Leste
  16 Sep 2009 a
Togo
16 Sep 1987
25 Feb 1991
Tonga
  29 Jul 1998 a
Trinidad and Tobago
  28 Aug 1989 a
Tunisia
  25 Sep 1989 a
Turkey
  20 Sep 1991 a
Turkmenistan
  18 Nov 1993 a
Tuvalu
  15 Jul 1993 a
Uganda
15 Sep 1988
15 Sep 1988
Ukraine
18 Feb 1988
20 Sep 1988 A
United Arab Emirates
  22 Dec 1989 a
United Kingdom of Great Britain and Northern Ireland 4, 14
16 Sep 1987
16 Dec 1988
United Republic of Tanzania
  16 Apr 1993 a
United States of America
16 Sep 1987
21 Apr 1988
Uruguay
   8 Jan 1991 a
Uzbekistan
  18 May 1993 a
Vanuatu
  21 Nov 1994 a
Venezuela (Bolivarian Republic of)
16 Sep 1987
 6 Feb 1989
Viet Nam
  26 Jan 1994 a
Yemen
  21 Feb 1996 a
Zambia
  24 Jan 1990 a
Zimbabwe
   3 Nov 1992 a
Declarations and Reservations
(Unless otherwise indicated, the declarations and reservations were made upon
ratification, acceptance, approval, accession or succession.)
Bahrain

Declaration:
       [See under chapter XXVII.2.]

European Union

Upon 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."

23 May 1989


       [See under chapter XXVII.2.]

Holy See

Declaration:
       “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).”

End Note
1.For 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.
2.On 27 May 1992, the Government of Singapore notified the    Secretary-General, in accordance with article 10 (2) ( b ) 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) ( c ) 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."

3.The 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.
4.On 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.

5.On 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.

6.Czechoslovakia 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.
7.The 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.
8.The 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.
9.See note 1 under “Germany” regarding Berlin (West) in the “Historical Information” section in the front matter of this volume.
10.See note 1 under "Montenegro" in the "Historical Information" section in the front matter of this volume.
11.For the Kingdom in Europe, the Netherlands Antilles and Aruba.
12.Upon ratification the Government of New Zealand specified that the Protocol shall not apply to the Cook Islands and Niue.
13.On 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."

14.In 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  (see also note 3 ) , 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 o and 74 o W and latitude 60 o 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.