Ozone Depletion Coventions

Vienna Convention for the Protection of the Ozone Layer

Vienna Convention for the protection of 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

The Vienna Convention on the Protection of the Ozone Layer lays down the principles to protect the ozone layer*, following scientific warnings that its depletion was a danger to human health and the environment.

It is a framework convention that mainly aims to promote international cooperation through exchange of information on the impact of human activity on the ozone layer. It does not require parties* to take specific measures. These would come later in the form of the Montreal Protocol to the Vienna Convention.
The Vienna Convention was the first convention of any kind to be signed by every country involved, taking effect in 1988 and reaching universal ratification in 2009.
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.

KEY POINTS

As a general obligation, parties must take appropriate measures to protect human health and the environment against adverse effects resulting or likely to result from human activities which modify or are likely to modify the ozone layer. In particular, on the basis of relevant scientific and technical considerations, parties must:

adopt appropriate legislative or administrative measures;
cooperate
on systematic observations, research and information exchange to better understand the issues involved
in formulating measures, procedures, standards and harmonising appropriate policies
with competent international bodies to effectively implement the Convention and its Protocols.

Ozone layer research and scientific assessments involving the parties, either directly or within international bodies, focus on:

physical and chemical processes;
human health and other biological effects, particularly changes in ultraviolet solar radiation;
climatic effects;
substances, practices, processes and activities, and their cumulative impact;
effects deriving from any modifications of the ozone layer;
alternative substances and technologies;
related socio-economic issues;
more detailed factors, such as the physics and chemistry of the atmosphere and specific chemical substances, are set out in the Annexes.

In addition, parties must:

facilitate and encourage the exchange of scientific, technical, socio-economic, commercial and legal information relevant to the convention (Annex II spells this out in greater detail);
cooperate, taking account of developing countries’ needs, in promoting the development and transfer of technology by
helping partners to acquire alternative technologies
providing the necessary information, such as manuals and guides
supplying research equipment and facilities
training scientific and technical personnel;
inform the decision-making body (the Conference of the Parties) of the measures they have taken to implement the convention.

The Conference of the Parties (on which all signatory countries are represented and have a vote):

monitors implementation of the convention;
reviews scientific information;
promotes appropriate harmonised policies, strategies and measures;
adopts programmes on research, scientific and technological cooperation, exchange of information and transfer of technology and knowledge;
considers and adopts amendments to the convention and possible additional protocols;
when appropriate, calls on the expertise of bodies such as the World Meteorological Organization and the World Health Organization;
tries to settle any disputes on interpretation or application of the convention by negotiation or third party mediation. If these fail, the issue may be referred to a conciliation commission or the

International Court of Justice;
is supported by a secretariat.
After the convention has been in force for 4 years, a party may announce its intention to leave. This takes effect 1 year later.

BACKGROUND

The Vienna Convention was adopted on 22 March 1985 and entered into force on 22 September 1988, Since its entry into force, international action has reduced global consumption of ozone-depleting substances by 98%; but the ozone layer is not expected to fully recover before the second half of this century.The convention entered into force on 22 September 1988.
The decision has applied since 25 October 1988.

The EU implements the convention and its Montreal Protocol through its own legislation on ozone-depleting substances and flourinated greenhouse gases — among the strictest and most advanced in the world.

The EU Ozone Regulation (Regulation (EC) No 1005/2009 on substances that deplete the ozone layer), goes beyond the requirements of the Montreal Protocol in several cases; for instance:
it has more ambitious reduction timeframes;
it covers more substances; and
it also regulates their presence in products and equipment (not only in bulk as in the Montreal Protocol).
The EU F-Gas Regulation (Regulation (EU) No 517/2014 on fluorinated greenhouse gases) envisages a more ambitious EU reduction for greenhouse gases already applicable from 2015, and covers greenhouse gases in products and equipment (not only in bulk as in the Montreal Protocol).
For more information, see:
Protection of the ozone layer (European Commission).

DOCUMENTS

Vienna Convention for the protection of the ozone layer (OJ L 297, 31.10.1988, pp. 10-20)

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)

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.

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

Council Decision 82/795/EEC of 15 November 1982 on the consolidation of precautionary measures concerning chlorofluorocarbons in the environment (OJ L 329, 25.11.1982, pp. 29-30)

Council Decision 80/372/EEC of 26 March 1980 concerning chlorofluorocarbons in the environment (OJ L 90, 3.4.1980, p. 45)

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 842/2006 (OJ L 150, 20.5.2014, pp. 195-230)

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

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.

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 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)

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)