Νόμος 3425/2005

ΝΟΜΟΣ ΥΠ' ΑΡΙΘ. 3425

Κύρωση των τροποποιήσεων που έγιναν στο Μόντρεαλ στις 15-17 Σεπτεμβρίου 1997 και στο Πεκίνο στις 29 Νοεμβρίου - 3 Δεκεμβρίου 1999, του Πρωτοκόλλου του Μόντρεαλ του 1987, που κυρώθηκε με το ν. 1818/ 1988 (ΦΕΚ 253 Α'), σχετικά με τις ουσίες που καταστρέφουν τη στιβάδα του όζοντος.

Ο ΠΡΟΕΔΡΟΣ ΤΗΣ ΕΛΛΗΝΙΚΗΣ ΔΗΜΟΚΡΑΤΙΑΣ

Εκδίδομε τον ακόλουθο νόμο που ψήφισε η Βουλή: Άρθρο πρώτο

Κυρώνονται και έχουν την ισχύ, που ορίζει το άρθρο 28 παρ. 1 του Συντάγματος, οι τροποποιήσεις που έγιναν στο Μόντρεαλ στις 15-17 Σεπτεμβρίου 1997 και στο Πεκίνο στις 29 Νοεμβρίου - 3 Δεκεμβρίου 1999, του Πρωτοκόλλου του Μόντρεαλ του 1987, που κυρώθηκε με το ν. 1818/1988 (ΦΕΚ 253 Α'), σχετικά με τις ουσίες που καταστρέφουν τη στιβάδα του όζοντος, το κείμενο των οποίων σε πρωτότυπο στην αγγλική γλώσσα και σε μετάφραση στην ελληνική, έχει ως εξής:

AMENDMENT TO THE MONTREAL PROTOCOL ADOPTED BY THE NINTH MEETING

OF THE PARTIES

ARTICLE 1: AMENDMENT

A. Article 4. paragraph 1 qua.

The following paragraph shall be inserted after paragraph 1 ter of Article 4 of the Protocol:

1 qua. Within one year of the date of entry into force of this paragraph, each Party shall ban the import of the controlled substance in Annex Ε from any State not party to this Protocol.

Β. Article 4. paragraph 2 crua.

The following paragraph shaJJ. be inserted after paragraph 2 ter of Article 4 of the Protocol:

2 qua. Commencing one year after the date of entry into force of this paragraph, each Party shall ban the export of the controlled substance in Annex Ε to any State not party to this Protocol.

C. Article 4, paragraphs 5. 6 and 7

In paragraphs 5, 6 and 7 of Article 4 of the Protocol, for the words:

and Group II of Annex C there shall be substituted:

, Group II of Annex C and Annex Ε

D. Article 4. paragraph 8

In paragraph 8 of Article 4 of the Protocol, for the words:

Article 2G there shall be substituted:

Articles 2G and 2H

E. Article 4A: Control of trade with Parties

The following Article shall be added to the Protocol as Article 4A:

1. Where, after the phase-out date applicable to it for a controlled substance, a Party is unable, despite having taken all practicable steps to comply with its obligation under the Protocol, to cease production of that substance for domestic consumption, other than for uses agreed by the Parties to be essential, it shall ban the export of used, recycled and reclaimed quantities of that substance, other than for the purpose of destruction.

2. Paragraph 1 of this Article shall apply without prejudice to the operation of Article 11 of the Convention and the non-compliance procedure developed under Article 8 of the Protocol.

F. Article 4B: Licensing

The following Article shall be added to the Protocol as Article 4B:

1. Each Party shall, by 1 January 2000 or within three months of the date of entry into force of this Article for it, whichever is the later, establish and implement a system for licensing the import and export of new, used, recycled and reclaimed controlled substances in Annexes A, B, C and E.

2. Notwithstanding paragraph 1 of this Article, any Party operating under paragraph 1 of Article 5 which decides it is not in a position to establish and implement a system for licensing the import and export of controlled substances in Annexes C and Ε, may delay taking those actions until 1 January 2005 and 1 January 2002, respectively.

3. Each Party shall, within three months of the date of introducing its licensing system, report to the Secretariat on the establishment and operation of that system.

4 . The Secretariat shall periodically prepare and circulate to all Parties a list of the Parties that have reported to it on their licensing systems and shall forward this information to the Implementation Committee for consideration and appropriate recommendations to the Parties.

ARTICLE 2: RELATIONSHIP TO THE 1992 AMENDMENT

No State or regional economic integration organization may deposit an

instrument of ratification, acceptance, approval or accession to this

Amendment unless it has previously, or simultaneously, deposited such an

instrument to the Amendment adopted at the Fourth Meeting of the Parties in Copenhagen, 25 November 1992 .

ARTICLE 3: ENTRY INTO FORCE

1. This Amendment shall enter into force on 1 January 1999, provided that at least twenty instruments of ratification, acceptance or approval of the Amendment have been deposited by States or regional economic integration organizations that are Parties to the Montreal Protocol on 'Substances that Deplete the Ozone Layer. In the event that this condition has not been fulfilled by that date, the Amendment shall enter into force on the ninetieth day following the date on which it has been fulfilled.

2. For the purposes of paragraph 1, any such instrument deposited by a regional economic integration organization shall not be counted as additional to those deposited by member States of such organization.

3. After the entry into force of this Amendment, as provided under paragraph 1, 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.

AMENDMENT TO THE MONTREAL PROTOCOL ON SUBSTANCES THAT

DEPLETE THE OZONE LAYER

Article 1: Amendment

A. Article 2, paragraph 5

In paragraph 5 of Article 2 of the Protocol, for the words:

Articles 2A to 2E there shall be substituted:

Articles 2A to 2F

B. Article 2, paragraphs 8(a) and 11

In paragraphs 8(a) and 11 of Article 2 of the Protocol, for the words:

Articles 2A to 2H there shall be substituted:

Articles 2A to 21

C. Article 2F, paragraph 8

The following paragraph shall be added after paragraph 7 of Article 2F of the Protocol:

Each Party producing one or more of these substances shall ensure that for the twelve-month period commencing on 1 January 2004, and in each twelve-month period thereafter, its calculated level of production of the controlled substances in Group I of Annex C does not exceed, annually, the average of:

The sum of its calculated level of consumption in 1989 of the controlled substances in Group I of Annex C and two point eight per cent of its calculated level of consumption in 1989 of the controlled substances in Group I of Annex A; and

The sum of its calculated level of production in 1989 of the controlled substances in Group I of Annex C and two point eight per cent of its calculated level of production in 1989 of the controlled substances in Group I of Annex A.

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 up to fifteen per cent of its calculated level of production of the controlled substances in Group I of Annex C as defined above.

D. Article 21

The following Article shall be inserted after Article 2H of the Protocol:

Article 21: Bromochloromethane

Each Party shall ensure that for the twelve-month period commencing on 1 January 2002, and in each twelve-month period thereafter, its calculated level of consumption and production of the controlled substance in Group III of Annex C does not exceed zero. This paragraph will apply save to the extent that the Parties decide to permit the level of production or consumption that is necessary to satisfy uses agreed by them to be essential.

E. Article 3

In Article 3 of the Protocol, for the words:

Articles 2, 2A to 2H there shall be substituted:

Articles 2, 2A to 21

F. Article 4, paragraphs 1 quirt, and J sex.

The following paragraphs shall be added to Article 4 of the Protocol after paragraph 1 qua:

1 quin. As of 1 January 2004, each Party shall ban the import of the controlled substances in Group I of Annex C from any State not party to this Protocol.

1 sex. Within one year of the date of entry into force of this paragraph, each Party shall

ban the import of the controlled substance in Group III of Annex C from any State not party to this Protocol.

G. Article 4, paragraphs 2 quin. and 2 sex.

The following paragraphs shall be added to Article 4 of the Protocol after paragraph 2 qua:

2 quin. As of 1 January 2004, each Party shall ban the export of the controlled substances in

Group I of Annex C to any State not party to this Protocol.

2 sex. Within one year of the date of entry into force of this paragraph, each Party shall

ban the export of the controlled substance in Group III of Annex C to any State not party to this Protocol.

5646 ΕΦΗΜΕΡΙΣ ΤΗΣ ΚΥΒΕΡΝΗΣΕΩΣ (ΤΕΥΧΟΣ ΠΡΩΤΟ)

Η. Article 4, paragraphs 5 to 7

In paragraphs 5 to 7 of Article 4 of the Protocol, for the words:

Annexes A and B, Group II of Annex C and Annex Ε

there shall be substituted:

Annexes A, B, C and Ε

/. Article 4, paragraph 8

In paragraph 8 of Article 4 of the Protocol, for the words:

Articles 2A to 2E, Articles 2G and 2H

there shall be substituted:

Articles 2A to 21

J. Article 5, paragraph 4

In paragraph 4 of Article 5 of the Protocol, for the words:

Articles 2A to 2H

there shall be substituted:

Articles 2A to 21

K. Article 5, paragraphs 5 and 6

In paragraphs 5 and 6 of Article 5 of the Protocol, for the words:

Articles 2A to 2E

there shall be substituted:

Articles 2A to 2E and Article 21

L. Article 5, paragraph 8 ter (a)

The following sentence shall be added at the end of subparagraph 8 ter (a) of Article 5 of the Protocol:

As of 1 January 2016 each Party operating under paragraph 1 of this Article shall comply with the control measures set out in paragraph 8 of Article 2F and, as the basis for its compliance with these control measures, it shall use the average of its calculated levels of production and consumption in 2015;

Μ. Article 6

In Article 6 of the Protocol, for the words:

Articles 2A to 2H

there shall be substituted:

Articles 2A to 21

N. Article 7, paragraph 2

In paragraph 2 of Article 7 of the Protocol, for the words:

Annexes Β and C

there shall be substituted:

Annex Β and Groups I and II of Annex C

O. Article 7, paragraph 3

The following sentence shall be added after the first sentence of paragraph 3 of Article 7 of the Protocol:

Each Party shall provide to the Secretariat statistical data on the annual amount of the controlled substance listed in Annex Ε used for quarantine and pre-shipment applications.

P. Article 10

In paragraph 1 of Article 10 of the Protocol, for the words:

Articles 2A to 2E there shall be substituted:

Articles 2A to 2E and Article 21

Q. Article 17

In Article 17 of the Protocol, for the words:

Articles 2A to 2H there shall be substituted: Articles 2A to 21

R. Annex C

The following group shall be added to Annex C to the Protocol:

Group Substance Number of Isomers Ozone-Depleting

Potential

Group III

CH₂BrCl bromochloromethane 1 0.12

Article 2: Relationship to the 1997 Amendment

No State or regional economic integration organization may deposit an instrument of ratification, acceptance or approval of or accession to this Amendment unless it has previously, or simultaneously, deposited such an instrument to the Amendment adopted at the Ninth Meeting of the Parties in Montreal, 17 September 1997.

Article 3: Entry into force

1. This Amendment shall enter into force on 1 January 2001, provided that at least twenty instruments of ratification, acceptance or approval of the Amendment have been deposited by States or regional economic integration organizations that are Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer. In the event that this condition has not been fulfilled by that date, the Amendment shall enter into force on the ninetieth day following the date on which it has been fulfilled.

2. For the purposes of paragraph 1, any such instrument deposited by a regional economic integration organization shall not be counted as additional to those deposited by member States of such organization.

3. After the entry into force of this Amendment, as provided under paragraph I, 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.

ΦΕΚ 306

ΤΡΟΠΟΠΟΙΗΣΗ ΤΟΥ ΠΡΩΤΟΚΟΛΛΟΥ ΤΟΥ ΜΟΝΤΡΕΑΛ ΕΓΚΡΙΘΕΙΣΑ ΑΠΟ ΤΗΝ ΕΝΑΤΗ ΣΥΝΟΔΟ ΤΩΝ ΜΕΡΩΝ