Report Of The Legal Drafting Group On Adjustments - Twelfth Meeting Of The Parties

Distr.
GENERAL

UNEP/OzL.Pro/12/3
31 July 2000

ORIGINAL: ENGLISH

TWELFTH MEETING OF THE PARTIES TO
THE MONTREAL PROTOCOL ON
SUBSTANCES THAT DEPLETE
THE OZONE LAYER

Ouagadougou, 11-14 December 2000

REPORT OF THE LEGAL DRAFTING GROUP ON ADJUSTMENTS
TO THE MONTREAL PROTOCOL

  1. The Legal Drafting Group has considered the proposal, presented to the Open-ended Working Group at its twentieth meeting, to adjust Article 2H of the Montreal Protocol with a view to rectifying a technical drafting error in decision XI/4 adopted at the Eleventh Meeting of the Parties in Beijing. The Legal Drafting Group regarded its task as purely technical.
  2. For this purpose the Legal Drafting Group has prepared the following:

Section A: Draft decision;

Section B: Proposed adjustments.

 

DRAFT DECISION ON ADJUSTEMENTS TO ARTICLE 2H

OF THE MONTREAL PROTOCOL

Decision XII/... Adjustments with regard to the controlled substance in Annex E

The Twelfth Meeting of the Parties decides:

To adopt, further to decision XI/4 and in accordance with the procedure laid down in paragraph 9 of Article 2 of the Montreal Protocol, the adjustments regarding the controlled substance in Annex E to the Protocol, as set out in Annex ... to the report of the Twelfth Meeting of the Parties.

Annex...

ADJUSTMENTS TO THE MONTREAL PROTOCOL ON SUBSTANCES

THAT DEPLETE THE OZONE LAYER

[Proposed] Adjustments relating to the controlled substance in Annex E

Article 2H: Methyl bromide

1. The third sentence of paragraph 3 of Article 2H of the Protocol shall be replaced by the following sentence:

"However, in order to satisfy the basic domestic needs of the Parties operating under paragraph 1 of Article 5, its calculated level of production may, until 1 January 2002, exceed that limit by up to ten per cent of its calculated level of production in 1991; thereafter, it may exceed that limit by a quantity equal to the annual average of its production of the controlled substance in Annex E for basic domestic needs for the period 1995 to 1998 inclusive."

2. The third sentence of paragraph 4 of Article 2H of the Protocol shall be replaced by the following sentence:

"However, in order to satisfy the basic domestic needs of the Parties operating under paragraph 1 of Article 5, its calculated level of production may exceed that limit by a quantity equal to the annual average of its production of the controlled substance in Annex E for basic domestic needs for the period 1995 to 1998 inclusive."

3. The third sentence of paragraph 5 of Article 2H of the Protocol shall be replaced by the following sentence:

"However, in order to satisfy the basic domestic needs of the Parties operating under paragraph 1 of Article 5, its calculated level of production may not exceed eighty per cent of the annual average of its production of the controlled substance in Annex E for basic domestic needs for the period 1995 to 1998 inclusive."

4. Paragraph 5 bis of Article 2H of the Protocol shall be withdrawn and paragraph 5 ter of that Article shall be renumbered 5 bis.

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