Статус Поправки к Монреальскому протоколу по веществам, разрушающим озоновый слой (Кигали, 15 октября 2016 года) [рус., англ.]

[неофициальный перевод]

AMENDMENT TO THE MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE LAYER

Status as at: 29-10-2026

Entry into force: 1 January 2019, in accordance with article IV, paragraphs 1 and 2, with the exception of the changes to article 4 of the Protocol set out in article I of the Amendment which will enter into force on 1 January 2033. After the entry into force of the Amendment, as provided under paragraphs 1 and 2 of article IV, it shall enter into force for any other Party to the Protocol on the ninetieth day following the date of deposit of its instrument of ratification, acceptance or approval.

Registration: 1 January 2019, No. 26369.

Status: Parties: 176.

Text: Certified true copy

See the text of the Amendment in: C.N.872.2016.TREATIES-XXVII.2.f of 23 November 2016 (Adoption of amendment); C.N.730.2017.TREATIES-XXVII.2.f of 20 November 2017 (Entry into force). C.N.72.2018.TREATIES-XXVII.2.f of 9 February 2018 (Proposal of corrections to the French and Spanish authentic texts of the Amendment) and C.N.245.2018.TREATIES-XXVII.2.f of 17 May 2018 (Corrections); C.N.118.2018.TREATIES-XXVII.2.f of 2 March 2018 (Proposal of correction to article 3 (2) of the Amendment) and C.N.278.2018.TREATIES-XXVII.2.f of 4 June 2018 (Correction); C.N.232.2018.TREATIES-XXVII.2.f of 7 May 2018 (Proposal of corrections to the Chinese and French authentic texts of the Amendment) and CN.379.2018.TREATIES-XXVII.2.f of 14 August 2018 (Corrections).

Note: At the Twenty-Eighth Meeting of the Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer, held in Kigali from 10 to 15 October 2016, the Parties adopted, in accordance with the procedure laid down in paragraph 4 of article 9 of the 1985 Vienna Convention for the Protection of the Ozone Layer, a further amendment to the Montreal Protocol as set out in Annex I to the report of the Twenty-Eighth Meeting of the Parties (Decision XXVIII/1).

DECLARATIONS

(Unless otherwise indicated, the declarations were made upon acceptance, approval or ratification.)

China

Declaration:

I. Article 5 of the Montreal Protocol on Substances that Deplete the Ozone Layer shall not apply to the Hong Kong Special Administrative Region and the Macao Special Administrative Region of the People's Republic of China.

II. In accordance with the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China and the Basic Law of the Macao Special Administrative Region of the People's Republic of China, the Government of the People's Republic of China decides that the above-mentioned Amendment shall apply to the Macao Special Administrative Region of the People's Republic of China, and unless otherwise notified by the Government of the People's Republic of China, shall not apply to the Hong Kong Special Administrative Region of the People's Republic of China.

15 October 2026

Declaration in respect of the Hong Kong Special Administrative Region:

In accordance with the Basic Law of the Hong Kong Special Administrative Region of the PRC, the Government of the PRC decides that the Amendment shall apply to the Hong Kong Special Administrative Region of the PRC and declares that Article 5 of the Montreal Protocol on Substances that Deplete the Ozone Layer shall not apply to the Hong Kong Special Administrative Region of the PRC.

European Union

Declaration:

Declaration by the European Union in conformity with Article 13 (3) of the Vienna Convention for the protection of the ozone layer concerning the extent of its competence with respect to the matters covered by the Convention and by the Montreal Protocol on substances that deplete the ozone layer.

The following States are at present Members of the European Union: the Kingdom of Belgium, the Republic of Bulgaria, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, Ireland, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Republic of Croatia, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, Hungary, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, Romania, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden, the United Kingdom of Great Britain and Northern Ireland.

In accordance with the Treaty on the Functioning of the European Union, and in particular Article 192 (1) thereof, the Union has competence for entering into international agreements, and for implementing the obligations resulting therefrom, which contribute to the pursuit of the following objectives:

1. preserving, protecting and improving the quality of the environment;

2. protecting human health;

3. prudent and rational utilisation of natural resources;

4. promoting measures at international level to deal with regional or worldwide environmental problems, and in particular combating climate change.

The Union has exercised its competence in the area covered by the Vienna Convention and the Montreal Protocol by adopting legal instruments, in particular Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16 September 2009 on substances that deplete the ozone layer (recast)1, replacing earlier legislation for the protection of the ozone layer, and of 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 842/20062. The Union is competent for the performance of those obligations from the Vienna Convention and the Montreal Protocol regarding which the provisions of Union legal instruments, in particular those mentioned above, establish common rules and if and insofar as such common rules are affected or altered in scope by provisions of the Vienna Convention or the Montreal Protocol or an act adopted in implementation thereof; otherwise the Union's competence continues to be shared between the Union and its Member States.

The exercise of competences by the European Union pursuant to the Treaties is, by its nature, subject to continuous development. The Union therefore reserves the right to adjust this Declaration.

In the field of research, as referred to by the Convention, the Union has competence to carry out activities, in particular to define and implement programmes; however, the exercise of that competence does not result in Member States being prevented from exercising theirs.

Holy See

Declaration:

«In ratifying the Kigali Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer, the Holy See desires to encourage the entire international community to be resolute in promoting authentic cooperation between politics, science, economics, and civil society. Such cooperation, as has been shown in the case of the international 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“ (Holy See's Declaration Attached to the Instrument of Accession to the Vienna Convention, the Montreal Protocol and its four Amendments, 9 April 2008). The international ozone regime has demonstrated that „we have the freedom needed to limit and direct technology; we can put it at the service of another type of progress, one which is healthier, more human, more social, more integral“ (Pope Francis, Encyclical Letter Laudato Si', 18 May 2015, n. 112).»

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 ratification, intends to give its own support to the commitment of States to the correct and effective implementation of the ozone regime and to care for our common home. To this end, it wishes to acknowledge the fact that «the continued acceleration of changes affecting humanity and our planet, coupled today with a more intense pace of life and work, should constantly urge us to ask whether the goals of this progress are truly directed to the common good and to a sustainable and integral human development, or whether they causeharm to our world and to the quality of life of much of humanity, now and in the future» (Message of His Holiness Pope Francis to the XXXI Meeting of the Parties to the Montreal Protocol, 7 November 2019).»

Turkiye

Declaration:

Turkey's ratification of [t]he Kigali Amendment (2016) ...to the Montreal Protocol agreed by the Twenty-Eighth Meeting of the Parties should in no way be construed as implying any obligation on the part of Turkey to enter into any dealing with the countries that Turkey has no diplomatic relations within the framework of UN Environment Programme activities.

Objections (Unless otherwise indicated, the objections were made upon acceptance, approval or ratification.)

Cyprus

5 October 2022

With regard to the declaration made by Türkiye upon ratification:

«The Republic of Cyprus has examined the Declaration deposited by the Republic of Turkey on 10 November 2021, upon ratification of the Kigali Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer of 15 October 2016, and notes that such a declaration is not in conformity with the 1985 Vienna Convention for the Protection of the Ozone Layer and the 1987 Montreal Protocol.»

By means of the submitted Declaration, Turkey purports to release itself of the obligation to cooperate with other States Parties within the framework of the Vienna Convention and the Montreal Protocol. ln the view of the Republic of Cyprus, this Declaration attempts to exclude or modify the legal effects of the said treaties, including in effect certain provisions thereof, in their application to Turkey, concerning cooperation between States Parties, which is one of the essential elements of and is explicitly envisaged in the aforementioned instruments.

ln light of the above, it is the position of the Republic of Cyprus that the Declaration submitted by the Republic of Turkey is an interpretative declaration tantamount to a reservation, contrary to both Article 18 of the 1985 Vienna Convention for the Protection of the Ozone Layer, and Article 18 of the 1987 Montreal Protocol, which explicitly prohibit reservations, and, in any event, is incompatible with the object and purpose of these treaties.

The Republic of Cyprus, therefore, rejects the aforesaid Declaration made by the Republic of Turkey and considers it to be null and void. The Objection of the Republic of Cyprus shall not preclude the entry into force of the Amendment to the Protocol, in its entirety, between the Republic of Cyprus and the Republic of Turkey.»

End Note

1. With territorial exclusion in respect of Greenland. See C.N.578.2018.TREATIES-XXVII.2.f of 6 December 2018.

2. For the European Part of the Netherlands.

3. With a territorial exclusion in respect of Tokelau. See C.N.490.2019.TREATIES-XXVII.2.f of 3 October 2019.

4. On 18 October 2019, the Secretary-General received from the Government of the United Kingdom of Great Britain and Northern Ireland the following notification:

«...the Government of the United Kingdom of Great Britain and Northern Ireland hereby extends the application of the United Kingdom's ratification of the Kigali Amendment to Gibraltar, for whose international relations the United Kingdom is responsible.»

The Government of the United Kingdom of Great Britain and Northern Ireland hereby declares that the Kigali Amendment shall be extended to Gibraltar as from the date of receipt of this declaration.»

On 25 February 2021, the Government of the United Kingdom of Great Britain and Northern Ireland notified the Secretary-General that the Amendment would extend to the territory of the Isle of Man as follows:

«...the Government of the United Kingdom of Great Britain and Northern Ireland hereby extends the application of the United Kingdom's ratification of the... Kigali [Amendment] to the Montreal Protocol to the territory of the Isle of Man for the international relations of which the United Kingdom is responsible.»

The Government of the United Kingdom of Great Britain and Northern Ireland considers the extension of the... Kigali [Amendment] to the Montreal Protocol to the territory of the Isle of Man to be effective on the day of receipt of this notification...»