Статус Монреальского протокола по веществам, разрушающим озоновый слой (Монреаль, 16 сентября 1987 года) [рус., англ.]

Entry into force: 1 January 1989, in accordance with article 16(1).

Registration: 1 January 1989, No. 26369

Status: Signatories: 46. Parties: 198. <1>

Text: Certified true copy

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)); C.N.601.2018.TREATIES-XXVII.2.a of 21 December 2018 (Adoption of adjustments).

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 from 14 to 16 September 1987. Open for signature in Montreal on 16 September 1987, in Ottawa from 17 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.

10. On 9 January 2020, the Secretary-General received a communication from the Government of Mauritius relating to the Chagos Archipelago.

See C.N.48.2020.TREATIES-XXVII.2.a of 31 January 2020 for the text of the above-mentioned communication.

11. See note 1 under «Montenegro» in the «Historical Information» section in the front matter of this volume.

12. For the Kingdom in Europe, the Netherlands Antilles and Aruba.

13. Upon ratification the Government of New Zealand specified that the Protocol shall not apply to the Cook Islands and Niue.

14. 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.»

15. 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.
»

On 17 April 2015, the Secretary-General received from the Government of Spain the following communication relating to the territorial application by the United Kingdom of Great Britain and Northern Ireland to Gibraltar:

1. Gibraltar is a Non-Self-Governing Territory for whose international relations the Government of the United Kingdom is responsible and which is subject to a process of decolonization in accordance with the relevant decisions and resolutions of the General Assembly.

2. The authorities of Gibraltar are local in character, and exercise competences exclusively overinternal affairs that originate in and are based on the powers allocated to and conferred on them by the United Kingdom, in accordance with its domestic legislation and in its capacity as the sovereign State upon which depends the said Non-Self-Governing Territory.

3. Consequently, any involvement by the Gibraltarian authorities in the implementation of this Protocol shall be understood to take place exclusively within the framework of the internal affairs of Gibraltar and shall not be considered to affect in any way the content of the two preceding paragraphs.

4. The procedure envisaged in the «Arrangements relating to Gibraltar authorities in the context of certain international treaties (2007)», which were agreed to by Spain and the United Kingdom on 19 December 2007 together with «Agreed Arrangements relating to Gibraltar authorities in the context of European Union and European Community Instruments and Related Treaties» of 19 April 2000 applies to the present Protocol.