Decreto n.º 39/92

TEXTO :

Decreto n.º 39/92

de 20 de Agosto

Nos termos da alínea c) do artigo 200.º da Constituição, o Governo decreta o seguinte:

Artigo único. São aprovadas, para ratificação, as emendas introduzidas ao Protocolo de Montreal sobre as Substâncias Que Empobrecem a Camada de Ozono, adoptadas na 2.ª Reunião das Partes Contratantes do Protocolo, que teve lugar em Londres, de 27 a 29 de Junho de 1990, cujo texto original em língua inglesa, e a respectiva tradução em língua portuguesa seguem em anexo ao presente decreto.

Visto e aprovado em Conselho de Ministros de 2 de Julho de 1992. - Aníbal António Cavaco Silva - João de Deus Rogado Salvador Pinheiro - Luís Fernando Mira Amaral - Carlos Alberto Diogo Soares Borrego.

Ratificado em 27 de Julho de 1992.

Publique-se.

O Presidente da República, MÁRIO SOARES.

Referendado em 28 de Julho de 1992.

O Primeiro-Ministro, Aníbal António Cavaco Silva.

ANNEX I

Adjustments to the Montreal Protocol on Substances that Deplete the Ozone Layer

The Second Meeting of the Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer decides, on the basis of assessments made pursuant to article 6 of the Protocol, to adopt adjustments and reductions of production and consumption of the controlled substances in annex A to the Protocol, as follows, with the understanding that:

A - Article 2-A: CFCs

Paragraph 1 of article 2 of the Protocol shall become paragraph 1 of article 2-A, which shall be entitled «Article 2-A: CFCs». Paragraphs 3 and 4 of article 2 shall be replaced by the following paragraphs, which shall be numbered paragraphs 2 to 6 of article 2- A:

2 - Each Party shall ensure that for the period from 1 July 1991 to 31 December 1992 its calculated levels of consumption and production of the controlled substances in group I of annex A do not exceed 150% of its calculated levels of production and consumption of those substances in 1986: with effect from 1 January 1993 the twelve-month control period for these controlled substances shall run from 1 January to 31 December each year.

3 - Each Party shall ensure that for the twelve-month period commencing on 1 January 1995, and in each twelve-month period thereafter, its calculated level of consumption of the controlled substances in group I of annex A does not exceed, annually, 50% of its calculated level of consumption in 1986. Each Party producing one or more of these substances shall, for the same periods, ensure that its calculated level of production of the substances does not exceed, annually, 50% of its calculated level of production in 1986. 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 10% of its calculated level of production in 1986.

4 - Each Party shall ensure that for the twelve-month period commencing on 1 January 1997, and in each twelve-month period thereafter, its calculated level of consumption of the controlled substances in group I of annex A does not exceed, annually, 15% of its calculated level of consumption in 1986. Each Party producing one or more of these substances shall, for the same periods, ensure that its calculated level of production of the substances does not exceed, annually, 15% of its calculated level of production in 1986. 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 10% of its calculated level of production in 1986.

5 - Each Party shall ensure that for the twelve-month period commencing on 1 January 2000, and in each twelve-month period thereafter, its calculated level of consumption of the controlled substances in group I of annex A does not exceed zero. Each Party producing one or more of these substances shall, for the same periods, ensure that its calculated level of production of the substances does not exceed zero. 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 15% of its calculated level of production in 1986.

6 - In 1992, the Parties will review the situation with the objective of accelerating the reduction schedule.

B - Article 2-B: Halons

Paragraph 2 of article 2 of the Protocol shall be replaced by the following paragraphs, which shall be numbered paragraphs 1 to 4 of article 2-B:

Article 2-B : Halons

1 - Each Party shall ensure that for the twelve-month period commencing on 1 January 1992, and in each twelve-month period thereafter, its calculated level of consumption of the controlled substances in group II of annex A does not exceed, annually, its calculated level of consumption in 1986. Each Party producing one or more of these substances shall, for the same periods, ensure that its calculated level of production of the substances does not exceed, annually, its calculated level of production in 1986. 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 10% of its calculated level of production in 1986.

2 - Each Party shall ensure that for the twelve-month period commencing on 1 January 1995, and in each twelve-month period thereafter, its calculated level of consumption of the controlled substances in group II of annex A does not exceed, annually, 50% of its calculated level of consumption in 1986. Each Party producing one or more of these substances shall, for the same periods, ensure that its calculated level of production of the substances does not exceed, annually, 50% of its calculated level of production in 1986. 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 10% of its calculated level of production in 1986. This paragraph will apply save to the extend that the Parties decide to permit the level of production or consumption that is necessary to satisfy essential uses for which no adequate alternatives are available.

3 - Each Party shall ensure that for the twelve-month period commencing on 1 January 2000, and in each twelve-month period thereafter, its calculated level of consumption of the controlled substances in group II of annex A does not exceed zero. Each Party producing one or more of these substances shall, for the same periods, ensure that its calculated level of production of the substances does not exceed zero. 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 15% of its calculated level of production in 1986. 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 essential uses for which no adequate alternatives are available.

4 - By 1 January 1993, the Parties shall adopt a decision identifying essential uses, if any, for the purposes of paragraphs 2 and 3 of this article. Such decision shall be reviewed by the Parties at their subsequent meetings.

ANNEX II

Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer

Article 1 : Amendment

A - Preambular paragraphs

1 - The 6th preambular paragraph of the Protocol shall be replaced by the following:

Determined to protect the ozone layer by taking precautionary measures to control equitably total global emissions of substances that deplete it, with the ultimate objective of their elimination on the basis of developments in scientific knowledge, taking into account technical and economic considerations and bearing in mind the developmental needs of developing countries.

2 - The 7th preambular paragraph of the Protocol shall be replaced by the following:

Acknowledging that special provision is required to meet the needs of developing countries, including the provision of additional financial resources and access to relevant technologies, bearing in mind that the magnitude of funds necessary is predictable, and the funds can be expected to make a substantial difference in the world's ability to address the scientifically established problem of ozone depletion and its harmful effects.

3 - The 9th preambular paragraph of the Protocol shall be replaced by the following:

Considering the importance of promoting international co-operation in the research, development and transfer of alternative technologies relating to the control and reduction of emissions of substances that deplete the ozone layer, bearing in mind in particular the needs of developing countries.

B - Article 1: Definitions

1 - Paragraph 4 of article 1 of the Protocol shall be replaced by the following paragraph:

4 - «Controlled substance» means a substance in annex A or in annex B to this Protocol, whether existing alone or in a mixture. It includes the isomers of any such substance, except as specified in the relevant annex, but excludes any controlled substance or mixture which is in a manufactured product other than a container used for the transportation or storage of that substance.

2 - Paragraph 5 of article 1 of the Protocol shall be replaced by the following paragraph:

5 - «Production» means the amount of controlled substances produced, minus the amount destroyed by technologies to be approved by the Parties and minus the amount entirely used as feedstock in the manufacture of other chemicals. The amount recycled and reused is not to be considered as «productions».

3 - The following paragraph shall be added to article 1 of the Protocol:

9 - «Transitional substance» means a substance in annex C to this Protocol, whether existing alone or in a mixture. It includes the isomers of any such substance, except as may be specified in annex C, but excludes any transitional substance or mixture which is in a manufactured product other than a container used for the transportation or storage of that substance.

C - Article 2, paragraph 5

Paragraph 5 of article 2 of the Protocol shall be replaced by the following paragraph:

5 - Any Party may, for any one or more control periods, transfer to another Party any portion of its calculated level of production set out in articles 2-A to 2-E, provided that the total combined calculated levels of production of the Parties concerned for any group of controlled substances do not exceed the production limits set out in those articles for that group. Such transfer of production shall be notified to the Secretariat by each of the Parties concerned, stating the terms of such transfer and the period for which it is to apply.

D - Article 2, paragraph 6

The following words shall be inserted in paragraph 6 of article 2 before the words «controlled substances» the first time they occur: «annex A or annex B».

E - Article 2, paragrapg 8, a)

The following words shall be added after the words «this article» wherever they appear in paragraph 8, a), of article 2 of the Protocol: «and articles 2-A to 2-E».

F - Article 2, paragraph 9, a), i)

The following words shall be added after «annex A» in paragraph 9, a), i), of article 2 of the Protocol: «and/or annex B».

G - Article 2, paragraph 9, a), ii)

The following words shall be deleted from paragraph 9, a), ii), of article 2 of the Protocol: «from 1986 levels».

H - Article 2, paragraph 9, c)

The following words shall be deleted from paragraph 9, c), of article 2 of the Protocol: «representing at least 50% of the total consumption of the controlled substances of the Parties» and replaced by: «representing a majority of the Parties operating under paragraph 1 of article 5 present and voting and a majority of the Parties not so operating present and voting».

I - Article 2, paragraph 10, b)

Paragraph 10, b), of article 2 of the Protocol shall be deleted, and paragraph 10, a), of article 2 shall become paragraph 10.

J - Article 2, paragraph 11

The following words shall be added after the words «this article» wherever they occur in paragraph 11 of article 2 of the Protocol: «and articles 2-A to 2-E».

K - Article 2-C: Other fully halogenated CFCs

The following paragraphs shall be added to the Protocol as article 2-C:

Article 2-C : Other fully halogenated CFCs

1 - Each Party shall ensure that for the twelve-month period commencing on 1 January 1993, and in each twelve-month period thereafter, its calculated level of consumption of the controlled substances in group I of annex B does not exceed, annually, 80% of its calculated level of consumption in 1989. Each Party producing one or more of these substances shall, for the same periods, ensure that its calculated level of production of the substances does not exceed, annually, 80% of its calculated level of production in 1989. 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 10% of its calculated level of production in 1989.

2 - Each Party shall ensure that for the twelve-month period commencing on 1 January 1997, and in each twelve-month period thereafter, its calculated level of consumption of the controlled substances in group I of annex B does not exceed, annually, 15% of its calculated level of consumption in 1989. Each Party producing one or more of these substances shall, for the same periods, ensure that its calculated level of production of the substances does not exceed, annually, 15% of its calculated level of production in 1989. 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 10% of its calculated level of production in 1989.

3 - Each Party shall ensure that for the twelve-month period commencing on 1 January 2000, and in each twelve-month period thereafter, its calculated level of consumption of the controlled substances in group I of annex B does not exceed zero. Each Party producing one or more of these substances shall, for the same periods, ensure that its calculated level of production of the substances does not exceed zero. 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 15% of its calculated level of production in 1989.

L - Article 2-D: Carbon tetrachloride

The following paragraphs shall be added to the Protocol as article 2-D:

Article 2-D : Carbon tetrachloride

1 - Each Party shall ensure that for the twelve-month period commencing on 1 January 1995, and in each twelve-month period thereafter, its calculated level of consumption of the controlled substance in group II of annex B does not exceed, annually, 15% of its calculated level of consumption in 1989. Each Party producing the substance shall, for the same periods, ensure that its calculated level of production of the substance does not exceed, annually, 15% of its calculated level of production in 1989. 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 10% of its calculated level of production in 1989.

2 - Each Party shall ensure that for the twelve-month period commencing on 1 January 2000, and in each twelve-month period thereafter, its calculated level of consumption of the controlled substance in group II of annex B does not exceed zero. Each Party producing the substance shall, for the same periods, ensure that its calculated level of production of the substance does not exceed zero. 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 15% of its calculated level of production in 1989.

M - Article 2-E: 1.1.1 - trichloroethane (methyl chloroform)

The following paragraphs shall be added to the Protocol as article 2-E:

Article 2-E : 1.1.1 - trichloroethane (methyl chloroform)

1 - Each Party shall ensure that for the twelve-month period commencing on 1 January 1993, and in each twelve-month period thereafter, its calculated level of consumption of the controlled substance in group III of annex B does not exceed, annually, its calculated level of consumption in 1989. Each Party producing the substance shall, for the same periods, ensure that its calculated level of production of the substance does not exceed annually, its calculated level of production in 1989. 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 10% of its calculated level of production in 1989.

2 - Each Party shall ensure that for the twelve-month period commencing on 1 January 1995, and in each twelve-month period thereafter, its calculated level of consumption of the controlled substance in group III of annex B does not exceed, annually, 70% of its calculated level of consumption in 1989. Each Party producing the substance shall, for the same periods, ensure that its calculated level of production of the substance does not exceed, annually, 70% of its calculated level of consumption in 1989. 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 10% of its calculated level of production in 1989.

3 - Each Party shall ensure that for the twelve-month period commencing on 1 January 2000, and in each twelve-month period thereafter, its calculated level of consumption of the controlled substance in group III of annex B does not exceed, annually, 30% of its calculated level of consumption in 1989. Each Party producing the substance shall, for the same periods, ensure that its calculated level of production of the substance does not exceed, annually, 30% of its calculated level of production in 1989. 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 10% of its calculated level of production in 1989.