COUNCIL DECISION 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 (91/690/EEC)

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Economic Community, and in particular Article 130s thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the European Parliament (2),

Having regard to the opinion of the Economic and Social Committee (3),

Whereas it has been established that continued emissions of ozone-depleting substances at current levels cause significant damage to the ozone layer; whereas there is an international consensus that significant reductions in both production and consumption of such substances are necessary; whereas Decisions 80/372/EEC (4) and 82/795/EEC (5) provide controls which are of limited effect and which cover only two such substances (CFC 11 and CFC 12);

Whereas the Community together with all of its Member States have signed the Vienna Convention for the protection of the ozone layer, hereinafter referred as the 'Vienna Convention`;

Whereas a Protocol supplementary to the Vienna Convention, the Montreal Protocol on substances that deplete the ozone layer, hereinafter referred to as the 'Montreal Protocol`, was negotiated and adopted on 16 September 1987; whereas the Protocol has been signed by the Community and by all of its Member States;

Whereas the Community, in view of its responsibilities for the environment and trade, has approved, by Decision 88/540/EEC (6), the Vienna Convention and the Montreal Protocol;

Whereas the most recent scientific evidence indicates that for the adequate protection of the ozone layer a higher degree of control of chlorofluorocarbons and halons is required than that provided by the Montreal Protocol; whereas the same evidence indicates that additional controls should be placed on all other fully halogenated chlorofluorocarbons, carbon tetrachloride and 1,1,1-trichloroethane;

Whereas an amendment and an adjustment to the Montreal Protocol implementing these controls were adopted in London in June 1990 and only the amendment needs to be approved;

Whereas it is necessary for the protection, promotion and improvement of the environment to bring into force the amendment to the Montreal Protocol, which is based on the principle of preventive action to avoid further damage to the ozone layer and on the scientific and technical data which were available at the time of its adoption;

Whereas, to that end, the Community should approve the said amendment;

Whereas it is, in particular, necessary for the Community to approve the amendment to the Montreal Protocol because some of its provisions can be carried out only if the Community and all its Member States approve it;

Whereas, in order for all the obligations under the amendment to be appropriately carried out, it is necessary that all Member States should approve it;

Whereas all Member States should conclude as rapidly as possible their procedures for ratification of the said amendment, with a view to permit the deposit, as far as possible simultaneously, of the instruments of approval, acceptance or ratification by the Community and the Member States,

HAS ADOPTED THIS DECISION:

Article 1

The amendment to the Montreal Protocol on substances that deplete the ozone layer is hereby approved on behalf of the Community.

The text of the amendment is attached to this Decision.

The original Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic.

Article 2

The President of the Council shall deposit the act of approval of the amendment to the Montreal Protocol on behalf of the Community with the Secretary-General of the United Nations in accordance with Article 13 of the Vienna Convention, as read in conjunction with Article 2 of the amendment to the Montreal Protocol.

Article 3

Member States shall take the necessary steps to permit the deposit, as far as possible simultaneously, before 31 December 1991 of the instruments of ratification, acceptance or approval of the amendment to the Montreal Protocol by the Community and the Member States.

Member States will inform the Commission, if possible before 15 December 1991, of their decision to ratify or of the prospective date of finalization of their ratification procedures. The Commission, in cooperation with Member States, shall arrange for the Community and those Member States which are ready, a date for the simultaneous deposit of the instruments which shall if possible be before 31 December 1991.

Article 4

This Decision is addressed to the Member States.

Done at Brussels, 12 December 1991.

For the CouncilThe PresidentJ. G. M. ALDERS

(1)OJ N° C 11, 17. 1. 1991, p. 19.

(2)OJ N° C 280, 28. 10. 1991, p. 29.

(3)OJ N° C 120, 6. 5. 1991, p. 14.

(4)OJ N° L 90, 3. 4. 1980, p. 45.

(5)OJ N° L 329, 25. 11. 1982, p. 29.

(6)OJ N° L 297, 31. 10. 1988, p. 8.