31.10.1988 EN Official Journal of the European Communities L 297/10 VIENNA CONVENTION FOR THE PROTECTION OF THE OZONE LAYER PREAMBLE THE PARTIES TO THIS CONVENTION, AWARE of the potentially harmful impact on human health and the environment through modification of the ozone layer, RECALLING the pertinent provisions of the Declaration of the United Nations Conference on the Human Environment, and in particular principle 21, which provides that ‘States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction’, TAKING INTO ACCOUNT the circumstances and particular requirements of developing countries, MINDFUL of the work and studies proceeding within both international and national organizations and, in particular, of the World Plan of Action on the Ozone Layer of the United Nations Environment Programme, MINDFUL ALSO of the precautionary measures for the protection of the ozone layer which have already been taken at the national and international levels, AWARE that measures to protect the ozone layer from modifications due to human activities require international cooperation and action, and should be based on relevant scientific and technical considerations, AWARE ALSO of the need for further research and systematic observations to further develop scientific knowledge of the ozone layer and possible adverse effects resulting from its modification, DETERMINED to protect human health and the environment against adverse effects resulting from modification of the ozone layer, HAVE AGREED AS FOLLOWS: Article 1 Definitions For the purposes of this Convention: 1. ‘The ozone layer’ means the layer of atmospheric ozone above the planetary boundary layer. 2. ‘Adverse effects’ means changes in the physical environment or biota, including changes in climate, which have significant deleterious effects on human health or on the composition, resilience and productivity of natural and managed ecosystems, or on materials useful to mankind. 3. ‘Alternative technologies or equipment’ means technologies or equipment the use of which makes it possible to reduce or effectively eliminate emissions of substances which have or are likely to have adverse effects on the ozone layer. 4. ‘Alternative substances’ means substances which reduce, eliminate or avoid adverse effects on the ozone layer. 5. ‘Parties’ means, unless the text otherwise indicates, Parties to this Convention. 6. ‘Regional economic integration organization’ means an organization constituted by sovereign States of a given region which has competence in respect of matters governed by this Convention or its protocols and has been duly authorized, in accordance with its internal procedures, to sign, ratify, accept, approve or accede to the instruments concerned. 7. ‘Protocols’ means protocols to this Convention Article 2 General obligations 1. The Parties shall take appropriate measures in accordance with the provisions of this Convention and of those protocols in force to which they are party to protect human health and the environment against adverse effects resulting or likely to result from human activities which modify or are likely to modify the ozone layer. 2. To this end the Parties shall, in accordance with the means at their disposal and their capabilities: (a) cooperate by means of systematic observations, research and information exchange in order to better understand and assess the effects of human activities on the ozone layer and the effects on human health and the environment from modification of the ozone layer; (b) adopt appropriate legislative or administrative measures and cooperate in harmonizing appropriate policies to control, limit, reduce or prevent human activities under their jurisdiction or control should it be found that these activities have or are likely to have adverse effects resulting from modification or likely modification of the ozone layer; (c) cooperate in the formulation of agreed measures, procedures and standards for the implementation of this Convention, with a view to the adoption of protocols and annexes; (d) cooperate with competent international bodies to implement effectively this Convention and protocols to which they are party. 3. The provisions of this Convention shall in no way affect the right of Parties to adopt, in accordance with international law, domestic measures additional to those referred to in paragraphs 1 and 2 above, nor shall they affect additional domestic measures already taken by a Party, provided that these measures are not incompatible with their obligations under this Convention. 4. The application of this Article shall be based on relevant scientific and technical considerations. Article 3 Research ans systematic observations 1. The Parties untertake, as appropriate, to initiate and cooperate in, directly or through competent international bodies, the conduct of research and scientific assessments on: (a) the physical and chemical processes that may affect the ozone layer; (b) the human health and other biological effects deriving from any modifications of the ozone layer, particularly those resulting from changes in ultraviolet solar radiation having biological effects (UV-B); (c) climatic effects deriving from any modifications of the ozone layer; (d) effects deriving from any modifications of the ozone layer and any consequent change in UV-B radiation on natural and synthetic materials useful to mankind; (e) substance, practices, processes and activities that may affect the ozone layer, and their cumulative effects; (f) alternative substances and technologies; (g) related socio-economic matters; and as further elaborated in Annexes I and II. 2. The Parties undertake to promote or establish, as appropriate, directly or through competent international bodies and taking fully into account national legislation and relevant ongoing activities at both the national and international levels, joint or complementary programmes for systematic observations of the state of the ozone layer and other relevant parameters, as elaborated in Annex I. 3. The Parties undertake to cooperate, directly or through competent international bodies, in ensuring the collection, validation and transmission of research and observational data through appropriate world data centres in a regular and timely fashion. Article 4 Cooperation in the legal, scientific and technical fields 1. The Parties shall facilitate and encourage the exchange of scientific, technical, socio-economic, commercial and legal information relevant to this Convention as further elaborated in Annex II. Such information shall be supplied to bodies agreed upon by the Parties. Any such body receiving information regarded as confidential by the supplying Party shall ensure that such information is not disclosed and shall aggregate it to protect its confidentiality before it is made available to all Parties. 2. The Parties shall cooperate, consistent with their national laws, regulations and practices and taking into account in particular the needs of the developing countries, in promoting, directly or through competent international bodies, the development and transfer of technology and knowledge. Such cooperation shall be carried out particularly through: (a) facilitation of the acquisition of alternative technologies by other Parties; (b) provision of information on alternative technologies and equipment, and supply of special manuals or guides to them; (c) the supply of necessary equipment and facilities for research and systematic observations; (d) appropriate training of scientific and technical personnel. Article 5 Transmission of information The Parties shall transmit, through the secretariat, to the Conference of the Parties established under Article 6, information on the measures adopted by them in implementation of this Convention and of protocols to which they are party in such form and at such intervals as the meetings of the parties to the relevant instruments may determine. Article 6 Conference of the Parties 1. A Conference of the Parties is hereby established. The first meeting of the Conference of the Parties shall be convened by the secretariat designated on an interim basis under Article 7 not later than one year after entry into force of this Convention. Thereafter, ordinary meetings of the Conference of the Parties shall be held at regular intervals to be determined by the Conference at its first meeting. 2. Extraordinary meetings of the Conference of the Parties shall be held at such other times as may be deemed necessary by the Conference, or at the written request of any Party, provided that, within six months of the request being communicated to them by the secretariat, it is supported by at least one-third of the Parties. 3. The Conference of the Parties shall by consensus agree upon and adopt rules of procedure and financial rules for itself and for any subsidiary bodies it may establish, as well as financial provisions governing the functioning of the secretariat. 4. The Conference of the Parties shall keep under continuous review the implementation of this Convention, and, in addition, shall: (a) establish the form and the intervals for transmitting the information to be submitted in accordance with Article 5 and consider such information as well as reports submitted by any subsidiary body; (b) review the scientific information on the ozone layer, on its possible modification and on possible effects of any such modification; (c) promote, in accordance with Article 2, the harmonization of appropriate policies, strategies and measures for minimizing the release of substances causing or likely to cause modification of the ozone layer, and make recommendations on any other measures relating to this Convention; (d) adopt, in accordance with Articles 3 and 4, programmes for research, systematic observations, scientific and technological cooperation, the exchange of information and the transfer of technology and knowledge; (e) consider and adopt, as required, in accordance with Articles 9 and 10, amendments to this Convention and its annexes; (f) consider amendments to any protocol, as well as to any annexes thereto, and, if so decided, recommend their adoption to the parties to the protocol concerned; (g) consider and adopt, as required, in accordance with Article 10, additional annexes to this Convention; (h) consider and adopt, as required, protocols in accordance with Article 8; (i) establish such subsidiary bodies as are deemed necessary for the implementation of this Convention; (i) seek, where appropriate, the service of competent international bodies and scientific committees, in particular the World Meteorological Organization and the World Health Organization, as well as the Coordinating Committee on the Ozone Layer, in scientific research, systematic observations and other activities pertinent to the objectives of this Convention, and make use as appropriate of information from these bodies and committees; (k) consider and undertake any additional action that may be required for the achievement of the purposes of this Convention. 5. The United Nations, its specialized agencies and the International Atomic Energy Agency, as well as any State not party to this Convention, may be represented at meetings of the Conference of the Parties by observers. Any body or agency, whether national or international, governmental or non-governmental, qualified in fields relating to the protection of the ozone layer which has informed the secretariat of its wish to be represented at a meeting of the Conference of the Parties as an observer may be admitted unless at least one-third of the Parties present object. The admission and participation of observers shall be subject to the rules of procedure adopted by the Conference of the Parties. Article 7 Secretariat 1. The functions of the secretariat shall be: (a) to arrange for and service meetings provided for in Articles 6, 8, 9 and 10; (b) to prepare and transmit reports based upon information received in accordance with Articles 4 and 5, as well as upon information derived from meetings of subsidiary bodies established under Article 6; (c) to perform the functions assigned to it by any protocol; (d) to prepare reports on its activities carried out in implementation of its functions under this Convention and present them to the Conference of the Parties; (e) to ensure the necessary coordination with other relevant international bodies, and in particular to enter into such administrative and contractual arrangements as may be required for the effective discharge of its functions; (f) to perform such other functions as may be determined by the Conference of the Parties. 2. The secretariat functions will be carried out on an interim basis by the United Nations Environment Programme until the completion of the first ordinary meeting of the Conference of the Parties held pursuant to Article 6. At its first ordinary meeting, the Conference of the Parties shall designate the secretariat from amongst those existing competent international organizations which have signified their willingness to carry out the secretariat functions under this Convention. Article 8 Adoption of protocols 1. The Conference of the Parties may at a meeting adopt protocols pursuant to Article 2. 2. The text of any proposed protocol shall be communicated to the Parties by the secretariat at least six months before such a meeting. Article 9 Amendment of the Convention or protocols 1. Any Party may propose amendments to this Convention or to any protocol. Such amendments shall take due account, inter alia, of relevant scientific and technical considerations. 2. Amendments to this Convention shall be adopted at a meeting of the Conference of the Parties. Amendments to any protocol shall be adopted at a meeting of the Parties to the protocol in question. The text of any proposed amendment to this Convention or to any protocol, except as may otherwise be provided in such protocol, shall be communicated to the Parties by the secretariat at least six months before the meeting at which it is proposed for adoption. The secretariat shall also communicate proposed amendments to the signatories to this Convention for information. 3. The Parties shall make every effort to reach agreement on any proposed amendment to this Convention by consensus. If all efforts at consensus have been exhausted, and no agreement reached, the amendment shall as a last resort be adopted by a three-fourths majority vote of the Parties present and voting at the meeting, and shall be submitted by the Depositary to all Parties for ratification, approval or acceptance. 4. The procedure mentioned in paragraph 3 above shall apply to amendmends to any protocol, except that a two-thirds majority of the parties to that protocol present and voting at the meeting shall suffice for their adoption. 5. Ratification, approval or acceptance of amendments shall be notified to the Depositary in writing. Amendments adopted in accordance with paragraphs 3 or 4 above shall enter into force between parties having accepted them on the 90th day after the receipt by the Depositary of notification of their ratification, approval or acceptance by at least three-fourths of the Parties to this Convention or by at least two-thirds of the parties to the protocol concerned, except as may otherwise be provided in such protocol. Thereafter the amendments shall enter into force for any other Party on the 90th day after that Party deposits its instrument of ratification, approval or acceptance of the amendments. 6. For the purposes of this Article ‘Parties present and voting’ means Parties present and casting an affirmative or negative vote. Article 10 Adoption and amendment of annexes 1. The annexes to this Convention or to any protocol shall form an integral part of this Convention or of such protocol, as the case may be, and, unless expressly provided otherwise, a reference to this Convention or its protocols constitutes at the same time a reference to any annexes thereto. Such annexes shall be restricted to scientific, technical and administrative matters. 2. Except as may be otherwise provided in any protocol with respect to its annexes, the following procedure shall apply to the proposal, adoption and entry into force of additional annexes to this Convention or of annexes to a protocol: (a) annexes to this Convention shall be proposed and adopted according to the procedure laid down in Article 9, paragraphs 2 and 3, while annexes to any protocol shall be proposed and adopted according to the procedure laid down in Article 9, paragraphs 2 and 4; (b) any party that is unable to approve an additional annex to this Convention or an annex to any protocol to which it is party shall so notify the Depositary, in writing, within six months from the date of the communication of the adoption by the Depositary. The Depositary shall without delay notify all Parties of any such notification received. A Party may at any time substitute an acceptance for a previous declaration of objection and the annexes shall thereupon enter into force for that Party; (c) on the expiry of six months from the date of the circulation of the communication by the Depositary, the annex shall become effective for all Parties to this Convention or to any protocol concerned which have not submitted a notification in accordance with the provision of subparagraph (b) above. 3. The proposal, adoption and entry into force of amendments to annexes to this Convention or to any protocol shall be subject to the same procedure as for the proposal, adoption and entry into force of annexes to the Convention or annexes to a protocol. Annexes and amendments thereto shall take due account, inter alia, of relevant scientific and technical consideration. 4. If an additional annex or an amendment to an annex involves an amendment to this Convention or to any protocol, the additional annex or amended annex shall not enter into force until such time as the amendment to this Convention or to the protocol concerned enters into force. Article 11 Settlement of disputes 1. In the event of a dispute between Parties concerning the interpretation or application of this Convention, the parties concerned shall seek solution by negotiation. 2. If the parties concerned cannot reach agreement by negotiation, they may jointly seek the good offices of, or request mediation by, a third party. 3. When ratifying, accepting, approving or acceding to this Convention, or at any time thereafter, a State or regional economic integration organization may declare in writing to the Depositary that for a dispute not resolved in accordance with paragraph 1 or 2 above, it accepts one or both of the following means of dispute settlement as compulsory: (a) arbitration in accordance with procedures to be adopted by the Conference of the Parties at its first ordinary meeting; (b) submission of the dispute to the International Court of Justice. 4. If the parties have not, in accordance with paragraph 3 above, accepted the same or any procedure, the dispute shall be submitted to conciliation in accordance with paragraph 5 below unless the parties otherwise agree. 5. A conciliation commission shall be created upon the request of one of the parties to the dispute. The commission shall be composed of an equal number of members appointed by each party concerned and a chairman chosen jointly by the members appointed by each party. The commission shall render a final and recommendatory award, which the parties shall consider in good faith. 6. The provisions of this Article shall apply with respect to any protocol except as otherwise provided in the protocol concerned. Article 12 Signature This Convention shall be open for signature by States and by regional economic integration organizations at the Federal Ministry for Foreign Affairs of the Republic of Austria in Vienna from 22 March 1985 to 21 September 1985, and at United Nations Headquarters in New York from 22 September 1985 to 21 March 1986. Article 13 Ratification, acceptance or approval 1. This Convention and any protocol shall be subject to ratification, acceptance or approval by States and by regional economic integration organizations. Instruments of ratification, acceptance or approval shall be deposited with the Depositary. 2. Any organization referred to in paragraph 1 above which becomes a Party to this Convention or any protocol without any of its member States being a Party shall be bound by all the obligations under the Convention or the protocol, as the case may be. In the case of such organizations, one or more of whose member States is a Party to the Convention or relevant protocol, the organization and its member States shall decide on their respective responsibilities for the performance of their obligation under the Convention or protocol, as the case may be. In such cases, the organization and the member States shall not be entitled to exercise rights under the Convention or relevant protocol concurrently. 3. In their instruments of ratification, acceptance or approval, the organizations referred to in paragraph 1 above shall declare the extent of their competence with respect to the matters governed by the Convention or the relevant protocol. These organizations shall also inform the Depositary of any substantial modification in the extent of their competence. Article 14 Accession 1. This Convention and any protocol shall be open for accession by States and by regional economic integration organizations from the date on which the Convention or the protocol concerned is closed for signature. The instruments of accession shall be deposited with the Depositary. 2. In their instruments of accession, the organizations referred to in paragraph 1 above shall declare the extent of their competence with respect to the matters governed by the Convention or the relevant protocol. These organizations shall also inform the Depositary' of any substantial modification in the extent of their competence. 3. The provisions of Article 13, paragraph 2, shall apply to regional economic integration organizations which accede to this Convention or any protocol. Article 15 Right to vote 1. Each Party to this Convention or to any protocol shall have one vote. 2. Except as provided for in paragraphe 1 above, regional economic integration organizations, in matters within their competence, shall exercise their right to vote with a number of votes equal to the number of their member States which are Parties to the Convention or the relevant protocol. Such organizations shall not exercise their right to vote if their member States exercise theirs, and vice versa. Article 16 Relationship between the Convention and its protocols 1. A State or a regional economic integration organization may not become a party to a protocol unless it is, or becomes at the same time, a Party to the Convention. 2. Decisions concerning any protocol shall be taken only by the parties to the protocol concerned. Article 17 Entry into force 1. This Convention shall enter into force on the 90th day after the date of deposit of the 20th instrument of ratification, acceptance, approval or accession. 2. Any protocol, except as otherwise provided in such protocol, shall enter into force on the 90th day after the date of deposit of the 11 th instrument of ratification, acceptance or approval of such protocol or accession thereto. 3. For each Party which ratifies, accepts or approves this Convention or accedes thereto after the deposit of the 20th instrument of ratification, acceptance, approval or accession, it shall enter into force on the 90th day after the date of deposit by such Party of its instrument of ratification, acceptance, approval or accession. 4. Any protocol, except as otherwise provided in such protocol, shall enter into force for a party that ratifies, accepts or approves that protocol or accedes thereto after its entry into force pursuant to paragraph 2 above, on the 90th day after the date on which that party deposits its instrument of ratification, acceptance, approval or accession, or on the date on which the Convention enters into force for that Party, whichever shall be the later. 5. For the purpose of paragraphs 1 and 2 above, any instrument deposited by a regional economic integration organization shall not be counted as additional to those deposited by member States of such organization. Article 18 Reservations No reservations may be made to this Convention. Article 19 Withdrawal 1. At any time after four years from the date on which this Convention has entered into force for a Party, that Party may withdraw from the Convention by giving written notification to the Depositary. 2. Except as may be provided in any protocol, at any time after four years from the date on which such protocol has entered into force for a party, that party may withdraw from the protocol by giving written notification to the Depositary. 3. Any such withdrawal shall take effect upon expiry of one year after the date of its receipt by the Depositary, or on such later date as may be specified in the notification of the withdrawal. 4. Any Party which withdraws from this Convention shall be considered as also having withdrawn from any protocol to which it is party. Article 20 Depositary 1. The Secretary-General of the United Nations shall assume the functions of depositary of this Convention and any protocols. 2. The Depositary shall inform the Parties, in particular, of: (a) the signature of this Convention and of any protocol, and the deposit of instruments of ratification, acceptance, approval or accession in accordance with Articles 13 and 14; (b) the date on which the Convention and any protocol will come into force in accordance with Article 17; (c) notification of withdrawal made in accordance with Article 19; (d) Amendments adopted with respect to the Convention and any protocol, their acceptance by the parties and their date of entry into force in accordance with Article 9; (e) all communications relating to the adoption and approval of annexes and to the amendment of annexes in accordance with Article 10; (f) notifications by regional economic integration organizations of the extent of their competence with respect to matters governed by this Convention and any protocols, and of any modifications thereof. (g) declarations made in accordance with Article 11, paragraph 3. Article 21 Authentic texts The original of this Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations. In witness whereof the undersigned, being duly authorized to that effect, have signed this Convention. Done at Vienna on the 22nd day of March 1985. Annex I RESEARCH AND SYSTEMATIC OBSERVATIONS 1. The Parties to the Convention recognize that the major scientific issues are: (a) modification of the ozone layer which would result in a change in the amount of solar ultraviolet radiation having biological effects (UV-B) that reaches the Earth's surface and the potential consequences for human health, for organisms, ecosystems and materials useful to mankind; (b) modification of the vertical distribution of ozone, which could change the temperature structure of the atmosphere and the potential consequences for weather and climate. 2. The Parties to the Conventions in accordance with Article 3, shall cooperate in conducting research and systematic observations and in formulating recommendations for future research and observation in such areas as: (a) Research into the physics and chemistry of the atmosphere (i) comprehensive theoretical models: further development of models which consider the interaction between radiative, dynamic and chemical processes; studies of the simultaneous effects of various man-made and naturally occurring species upon atmospheric ozone; interpretation of satellite and non-satellite measurement data sets; evaluation of trends in atmospheric and geophysical parameters, and the development of methods for attributing changes in these parameters to specific causes; (ii) laboratory studies of: rate coefficients, absorption cross-sections and mechanisms of tropospheric and stratospheric chemical and photochemical processes; spectroscopic data to support field measurements in all relevant spectral regions; (iii) field measurements: the concentration and fluxes of key source gases of both natural and anthropogenic origin; atmospheric dynamics studies; simultaneous measurements of photochemically related species down to the planetary boundary layer, using in situ and remote sensing instruments; intercomparison of different sensors, including coordinated correlative measurements for satellite instrumentation; three-dimensional fields of key atmospheric trace constituents, solar spectral flux and meteorological parameters; (iv) instrument development, including satellite and non-satellite sensors for atmospheric trace constituents, solar flux and meteorological parameters; (b) Research into health, biological and photodegradation effects (i) the relationship between human exposure to visible and ultraviolet solar radiation and (a) the development of both non-melanoma and melanoma skin cancer and (b) the effects on the immunological system; (ii) effects of UV-B radiation, including the wavelength dependence, upon (a) agricultural crops, forests and other terrestrial ecosystems, and (b) the aquatic food web and fisheries, as well as possible inhibition of oxygen production by marine phytoplankton; (iii) the mechanisms by which UV-B radiation acts on biological materials, species and ecosystems, including: the relationship between dose, dose rate, and response; photorepair, adaptation, and protection; (iv) studies of biological action spectra and the spectral response using polychromatic radiation in order to include possible interactions of the various wavelength regions; (v) the influence of UV-B radiation on: the sensitivities and activities of biological species important to the biospheric balance; primary processes such as photosynthesis and biosynthesis; (vi) the influence of UV-B radiation on the photodegradation of pollutants, agricultural chemicals and other materials; (c) Research on effects on climate (i) theoretical and observational studies of the radiative effects of ozone and other trace species and the impact on climate parameters, such as land and ocean surface temperatures, precipitation patterns, the exchange between the troposphere and stratosphere; (ii) the investigation of the effects of such climate impacts on various aspects of human activity; (d) Systematic observations on: (i) the status of the ozone layer (i.e. the spatial and temporal variability of the total column content and vertical distribution) by making the Global Ozone Observing System, based on the integration of satellite and ground-based systems, fully operational; (ii) the tropospheric and stratospheric concentrations of source gases for the HOx, NOx, ClOx and carbon families; (iii) the temperature from the ground to the mesosphere, utilizing both ground-based and satellite systems; (iv) wavelength-resolved solar flux reaching, and thermal radiation leaving, the Earth's atmosphere, utilizing satellite measurements; (v) wavelength-resolved solar flux reaching the Earth's surface in the ultraviolet range having biological effects (UV-B); (vi) aerosol properties and distribution from the ground to the mesosphere, utilizing ground-based, airborne and satellite systems; (vii) climatically important variables by the maintenance of programmes of high-quality meteorological surface measurements; (viii) trace species, temperatures, solar flux and aerosols utilizing improved methods for analysing global data. 3. The Parties to the Convention shall cooperate, taking into account the particular needs of the developing countries, in promoting the appropriate scientific and technical training required to participate in the research and systematic observations outlined in this annex. Particular emphasis should be given to the intercalibration of observational instrumentation and methods with a view to generating comparable or standardized scientific data sets. 4. The following chemical substances of natural and anthropogenic origin, not listed in order of priority, are thought to have the potential to modify the chemical and physical properties of the ozone layer. (a) Carbon substances (i) Carbon monoxide (CO) Carbon monoxide has significant natural and anthropogenic sources, and is thought to play a major direct role in tropospheric photochemistry, and an indirect role in stratospheric photochemistry; (ii) Carbon dioxide (CO2) Carbon dioxide has significant natural and anthropogenic sources, and affects stratospheric ozone by influencing the thermal structure of the atmosphere; (iii) Methane (CH4) Methane has both natural and anthropogenic sources, and effects both tropospheric and stratospheric ozone; (iv) Non-methane hydrocarbon species Non-methane hydrocarbon species, which consist of a large number of chemical substances, have both natural and anthropogenic sources, and play a direct role in tropospheric photochemistry and an indirect role in stratospheric photochemistry; (b) Nitrogen substances (i)) Nitrous oxide (N2O) The dominant sources of N2O are natural, but anthropogenic contributions are becoming increasingly important. Nitrous oxide is the primary source of stratospheric NOx, which play a vital role in controlling the abundance of stratospheric ozone; (ii) Nitrogen oxides (NOx) Ground-level sources of NOx play a major direct role only in tropospheric photochemical processes and an indirect role in stratospheric photochemistry, whereas injection of NOx close to the tropopause may lead directly to a change in upper tropospheric and stratospheric ozone; (c) Chlorine substances (i) Fully halogenated alkanes, e.g. CCl4, CFCl3 (CFC-11), CF2Cl2 (CFC-12), C2F3Cl3 (CFC-113), C2F4Cl2 (CFC-114) Fully halogenated alkanes are anthropogenic and act as a source of ClOx, which plays a vital role in ozone photochemistry, especially in the 30 to 50 kilometre altitude region; (ii) Partially halogenated alkanes, e.g. CH3Cl, CHF2Cl (CFC-22), CH3CCl3, CHFCl2 (CFC-21) The sources of CH3Cl are natural, whereas the other partially halogenated alkanes mentioned above are anthropogenic in origin. These gases also act as a source of stratospheric ClOx; (d) Bromine substances Fully halogenated alkanes, e.g. CF3Br These gases are anthropogenic and act as a source of BrOx, which behaves in a manner similar to ClOX; (e) Hydrogen substances (i) Hydrogen (H2) Hydrogen, the source of which is natural and anthropogenic, plays a minor role in stratospheric photochemistry; (ii) Water (H2O) Water, the source of which is natural, plays a vital role in both tropospheric and stratospheric photochemistry. Local sources of water vapour in the stratosphere include the oxidation of methane and, to a lesser extent, of hydrogen. Annex II INFORMATION EXCHANGE 1. The Parties to the Convention recognize that the collection and sharing of information is an important means of implementing the objectives of this Convention and of assuring that any actions that may be taken are appropriate and equitable. Therefore, Parties shall exchange scientific, technical, socio-economic, business, commercial and legal information. 2. The Parties to the Convention, in deciding what information is to be collected and exchanged, should take into account the usefulness of the information and the costs of obtaining it. The Parties further recognize that cooperation under this Annex has to be consistent with national laws, regulations and practices regarding patents, trade secrets, and protection of confidential and proprietary information. 3. Scientific information This includes information on: (a) planned and ongoing research, both governmental and private, to facilitate the coordination of research programmes so as to make the most effective use of available national and international resources; (b) the emission data needed for research; (c) scientific results published in peer-reviewed literature on the understanding of the physics and chemistry of the Earth's atmosphere and of its susceptibility to change, in particular on the state of the ozone layer and effects on human health, environment and climate which would result from changes on all time-scales in either the total column content or the vertical distribution of ozone; (d) the assessment of research results and the recommendations for future research. 4. Technical information This includes information on: (a) the availability and cost of chemical substitutes and of alternative technologies to reduce the emissions of ozone-modifying substances and related planned and ongoing research; (b) the limitations and any risks involved in using chemical or other substitutes and alternative technologies. 5. Socio-economic and commercial information on the substances referred to in Annex I This includes information on: (a) production and production capacity; (b) use and use patterns; (c) imports /exports; (d) the costs, risks and benefits of human activities which may indirectly modify the ozone layer and of the impacts of regulatory actions taken or being considered to control these activities. 6. Legal information: This includes information on: (a) national laws, administrative measures and legal research relevant to the protection of the ozone layer; (b) international agreements, including bilateral agreements, relevant to the protection of the ozone layer; (c) methods and terms of licensing and availability of patents relevant to the protection of the ozone layer.

Summary: Vienna Convention for the Protection of the Ozone Layer Vienna Convention for the Protection of the Ozone Layer SUMMARY OF: Vienna Convention for the protection of the ozone layer Decision 88/540/EEC on the conclusion of the Vienna Convention for the protection of the ozone layer and the Montreal Protocol on substances that deplete the ozone layer WHAT IS THE AIM OF THE CONVENTION AND THE DECISION? The Vienna Convention on the Protection of the Ozone Layer lays down the principles to protect the ozone layer*, following scientific warnings that its depletion was a danger to human health and the environment. It is a framework convention that mainly aims to promote international cooperation through exchange of information on the impact of human activity on the ozone layer. It does not require parties* to take specific measures. These would come later in the form of the Montreal Protocol to the Vienna Convention. The Vienna Convention was the first convention of any kind to be signed by every country involved, taking effect in 1988 and reaching universal ratification in 2009. Decision 88/540/EEC gives the EU’s legal approval for the Vienna Convention for the protection of the ozone layer and the Montreal Protocol on substances that deplete the ozone layer. KEY POINTS As a general obligation, parties must take appropriate measures to protect human health and the environment against adverse effects resulting or likely to result from human activities which modify or are likely to modify the ozone layer. In particular, on the basis of relevant scientific and technical considerations, parties must: adopt appropriate legislative or administrative measures; cooperate on systematic observations, research and information exchange to better understand the issues involvedin formulating measures, procedures, standards and harmonising appropriate policieswith competent international bodies to effectively implement the Convention and its Protocols. Ozone layer research and scientific assessments involving the parties, either directly or within international bodies, focus on: physical and chemical processes; human health and other biological effects, particularly changes in ultraviolet solar radiation; climatic effects; substances, practices, processes and activities, and their cumulative impact; effects deriving from any modifications of the ozone layer; alternative substances and technologies; related socio-economic issues; more detailed factors, such as the physics and chemistry of the atmosphere and specific chemical substances, are set out in the Annexes. In addition, parties must: facilitate and encourage the exchange of scientific, technical, socio-economic, commercial and legal information relevant to the convention (Annex II spells this out in greater detail); cooperate, taking account of developing countries’ needs, in promoting the development and transfer of technology by helping partners to acquire alternative technologiesproviding the necessary information, such as manuals and guidessupplying research equipment and facilitiestraining scientific and technical personnel; inform the decision-making body (the Conference of the Parties) of the measures they have taken to implement the convention. The Conference of the Parties (on which all signatory countries are represented and have a vote): monitors implementation of the convention; reviews scientific information; promotes appropriate harmonised policies, strategies and measures; adopts programmes on research, scientific and technological cooperation, exchange of information and transfer of technology and knowledge; considers and adopts amendments to the convention and possible additional protocols; when appropriate, calls on the expertise of bodies such as the World Meteorological Organization and the World Health Organization; tries to settle any disputes on interpretation or application of the convention by negotiation or third party mediation. If these fail, the issue may be referred to a conciliation commission or the International Court of Justice; is supported by a secretariat. After the convention has been in force for 4 years, a party may announce its intention to leave. This takes effect 1 year later. FROM WHEN DO THE CONVENTION AND DECISION APPLY? The convention entered into force on 22 September 1988. The decision has applied since 25 October 1988. BACKGROUND The Vienna Convention was adopted on 22 March 1985 and entered into force on 22 September 1988, Since its entry into force, international action has reduced global consumption of ozone-depleting substances by 98%; but the ozone layer is not expected to fully recover before the second half of this century. The EU implements the convention and its Montreal Protocol through its own legislation on ozone-depleting substances and flourinated greenhouse gases — among the strictest and most advanced in the world. The EU Ozone Regulation (Regulation (EC) No 1005/2009 on substances that deplete the ozone layer), goes beyond the requirements of the Montreal Protocol in several cases; for instance: it has more ambitious reduction timeframes;it covers more substances; andit also regulates their presence in products and equipment (not only in bulk as in the Montreal Protocol). The EU F-Gas Regulation (Regulation (EU) No 517/2014 on fluorinated greenhouse gases) envisages a more ambitious EU reduction for greenhouse gases already applicable from 2015, and covers greenhouse gases in products and equipment (not only in bulk as in the Montreal Protocol). For more information, see: Protection of the ozone layer (European Commission). KEY TERMS Ozone layer: layer of atmospheric ozone above the planetary boundary. Parties: a country which has ratified the convention. MAIN DOCUMENTS Vienna Convention for the protection of the ozone layer (OJ L 297, 31.10.1988, pp. 10-20) Council Decision 88/540/EEC of 14 October 1988 concerning the conclusion of the Vienna Convention for the protection of the ozone layer and the Montreal Protocol on substances that deplete the ozone layer (OJ L 297, 31.10.1988, pp. 8-9) RELATED DOCUMENTS Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16 September 2009 on substances that deplete the ozone layer (OJ L 286, 31.10.2009, pp. 1-30) Successive amendments to Regulation (EC) No 1005/2009 have been incorporated into the original text. This consolidated version is of documentary value only. Montreal Protocol on substances that deplete the ozone layer — Declaration by the European Economic Community (OJ L 297, 31.10.1988, pp. 21-28) Council Decision 82/795/EEC of 15 November 1982 on the consolidation of precautionary measures concerning chlorofluorocarbons in the environment (OJ L 329, 25.11.1982, pp. 29-30) Council Decision 80/372/EEC of 26 March 1980 concerning chlorofluorocarbons in the environment (OJ L 90, 3.4.1980, p. 45) 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 842/2006 (OJ L 150, 20.5.2014, pp. 195-230) last update 12.12.2019


19.9.1985 EN Official Journal of the European Communities L 250/2 AGREEMENT on Trade and Economic Cooperation between the European Economic Community and the People's Republic of China THE COUNCIL OF THE EUROPEAN COMMUNITIES, THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA, NOTING with satisfaction the development of friendly relations between the European Economic Community and the People's Republic of China, CONSIDERING that the Trade Agreement between the European Economic Community and the People's Republic of China, signed on 3 April 1978, has been satisfactorily applied, INSPIRED by their common will to introduce a new stage into their commercial and economic relations, DESIRING on the basis of equality and mutual advantage, to intensify and diversify their trade and actively develop economic and technical cooperation in line with their mutual interests, HAVE DECIDED TO CONCLUDE THIS AGREEMENT, THE TERMS OF WHICH ARE AS FOLLOWS: Article 1 The two Contracting Parties will endeavour, within the framework of their respective existing laws and regulations, and in accordance with the principles of equality and mutual advantage: — to promote and intensify trade between them; — to encourage the steady expansion of economic cooperation. CHAPTER 1 Trade Cooperation Article 2 The two Contracting Parties confirm their determination: (a) to take all appropriate measures to create favourable conditions for trade between them; (b) to do their utmost to improve the structure of their trade in order to diversify it further; (c) to examine, each for its own part and in a spirit of goodwill, any suggestions made by the other Party, in particular in the Joint Committee, for the purpose of facilitating trade between them. Article 3 1. In their trade relations, the two Contracting Parties shall accord each other most-favoured-nation treatment in all matters regarding: (a) customs duties and charges of all kinds applied to the import, export, re-export, or transit of products, including the procedures for the collection of such duties or charges; (b) regulations, procedures and formalities concerning customs clearance, transit, warehousing and transhipment of products imported or exported; (c) taxes and other internal charges levied directly or indirectly on products or services imported or exported; (d) administrative formalities for the issue of import or export licences. 2. Paragraph 1 shall not apply in the case of: (a) advantages accorded by either Contracting Party to States which together with it are members of a customs union or free trade area; (b) advantages accorded by either Contracting Party to neighbouring countries for the purpose of facilitating border trade; (c) measures which either Contracting Party may take in order to meet its obligations under international commodity agreements. Article 4 The two Contracting Parties will make every effort to foster the harmonious expansion of their reciprocal trade and to help, each by its own means, to attain a balance in such trade. Should an obvious imbalance arise, the matter must be examined within the Joint Committee so that measures can be recommended in order to improve the situation. Article 5 1. The People's Republic of China will give favourable consideration to imports from the European Economic Community. To this end, the competent Chinese authorities will ensure that Community exporters have the possibility of participating fully in opportunities for trade with China. 2. The European Economic Community will strive for an increasing liberalization of imports from the People's Republic of China. To this end it will endeavour progressively to introduce measures extending the list of products for which imports from China have been liberalized and to increase the amounts of quotas. The procedure for implementation will be examined within the framework of the Joint Committee. Article 6 1. The two Contracting Parties shall exchange information on any problems that may arise with regard to their trade and shall open friendly consultations, with the intention of promoting trade, for the purpose of seeking mutually satisfactory solutions to those problems. Each of the two Contracting Parties will ensure that no action is taken before consultations are held. 2. In an exceptional case, however, where the situation does not admit any delay, either Contracting Party may take measures, but must endeavour as far as possible to hold friendly consultations before doing so. 3. Each Contracting Party will ensure that when it takes the measures referred to in paragraph 2, the general objectives of this Agreement are not prejudiced. Article 7 The two Contracting Parties undertake to promote visits by persons, groups and delegations from economic, trade and industrial circles, to facilitate industrial and technical exchanges and contracts connected with trade and to foster the organization of fairs and exhibitions by both sides and the relevant provision of services. As far as possible, they must grant each other the necessary facilities for the above activities. Article 8 Trade in goods and the provision of services between the two Contracting Parties shall be effected at market-related prices and rates. Article 9 The two Contracting Parties agree that payments for transactions shall be made, in accordance with their respective existing laws and regulations, in currencies of the Member States of the Community, Renminbi or any convertible currency accepted by the two parties concerned in the transactions. CHAPTER II Economic cooperation Article 10 Within the limits of their respective competence, and with the main aims of encouraging the development of industry and agriculture in the European Economic Community and in the People's Republic of China, of diversifying their economic links, encouraging scientific and technological progress, opening up new sources of supply and new markets, helping to develop their economies and raise their respective standards of living, the two Contracting Parties agree to develop economic cooperation in all the spheres subject to common accord, and in particular: — industry and mining; — agriculture, including agro-industry; — science and technology; — energy; — transport and communication; — environmental protection; — cooperation in third countries. Article 11 According to their needs and within the means at their disposal and as far as they are able, the two Contracting Parties shall encourage the application of the various forms of industrial and technical cooperation, for the benefit of their undertakings or organizations. In order to attain the objectives of this Agreement, the two Contracting Parties shall endeavour to facilitate and promote, among other activities: — joint production and joint ventures; — common exploitation; — the transfer of technology; — cooperation between financial institutions; — visits, contact and activities designed to promote cooperation between individuals, delegations and economic organizations; — the organization of seminars and symposia; — consultancy services; — technical assistance, including the training of staff; — a continuous exchange of information relevant to commercial and economic cooperation. Article 12 1. In order to attain the objectives of this Agreement, the two Contracting Parties shall agree, within the framework of their respective laws, rules and policies, to promote and encourage greater and mutually beneficial investment. 2. In addition, the Parties undertake to improve the existing favourable investment climate in particular through encouraging the extension, by and to the Member States of the Community and by and to the People's Republic of China, of investment promotion and protection arrangements based on the principles of equity and reciprocity. Article 13 In view of the difference in the two Contracting Parties' levels of development, the European Economic Community is prepared, within the context of its development aid activities, within the means at its disposal, and in accordance with its rules, to continue its development activities in the People's Republic of China. It confirms its willingness to examine the possibility of stepping up and diversifying these activities. Article 14 Without prejudice to the relevant provisions of the Treaties establishing the European Communities, this Agreement and any action taken thereunder shall in no way affect the powers of any of the Member States of the Communities to undertake bilateral activities with the People's Republic of China in the field of economic cooperation and conclude, where appropriate, new economic cooperation agreements with the People's Republic of China. CHAPTER III Joint committee Article 15 1. The two Contracting Parties shall set up, under this Trade and Economic Cooperation Agreement, a Joint Committee comprising representatives of the European Economic Community on the one hand and representatives of the People's Republic of China on the other. 2. The tasks of the Joint Committee shall be as follows: — to monitor and examine the functioning of this Agreement and review the various cooperation schemes implemented; — to examine any questions that may arise in the implementation of this Agreement; — to examine problems that could hinder the development of trade and economic cooperation between the two Contracting Parties; — to examine means and new opportunities of developing trade and economic cooperation; — to make recommendations that may help to attain the objectives of this Agreement, in the areas of common interest. 3. The Joint Committee shall meet once a year, in Brussels and Beijing alternately. Extraordinary meetings may be convened by mutual agreement, at the request of either Contracting Party. The office of chairman of the Joint Committee shall be held by each of the two Contracting Parties in turn. Where both Parties consider it necessary, the Joint Committee may set up working parties to assist it in its work. CHAPTER IV Final provisions Article 16 As far as the European Economic Community is concerned, this Agreement shall apply to the territories in which the Treaty establishing the European Economic Community is applied and under the conditions laid down in that Treaty. Article 17 This Agreement replaces the Trade Agreement between the European Economic Community and the People's Republic of China of 3 April 1978, which entered into force on 1 June 1978. Article 18 This Agreement shall enter into force on the first day of the month following the date on which the Contracting Parties have notified each other of the completion of the legal procedures necessary for this purpose. It is concluded for a period of five years. The Agreement shall be tacitly renewed from year to year provided that neither Contracting Party notifies the other Party in writing of its denunciation of the Agreement six months before the date of expiry. However, the Agreement may be amended by mutual consent of the two Contracting Parties in order to take account of new situations. Til bekræftelse heraf har undertegnede, som er behørigt befuldmægtigede hertil, underskrevet denne aftale. Zu Urkund dessen haben die hierzu gehörig befugten Unterzeichneten dieses Abkommen unterschrieben. Εις πίστωση των ανωτέρω, οι κάτωθι, δεόντως εξουσιοδοτημένοι προς τούτο, υπέγραψαν την παρούσα συμφωνία. In witness whereof, the undersigned, being duly authorized thereto, have signed this Agreement. En foi de quoi, les soussignés, dûment habilités à cette fin, ont signé le présent accord. In fede di che, i sottoscritti, debitamente abilitati a tal fine, hanno firmato il presente accordo. Ten blijke waarvan de ondergetekenden, naar behoren daartoe gemachtigd, deze Overeenkomst hebben ondertekend. Udfærdiget i Bruxelles, den enogtyvende maj nitten hundrede og femogfirs i to eksemplarer på dansk, engelsk, fransk, græsk, italiensk, nederlandsk, tysk og kinesisk, idet hver af disse tekster har samme gyldighed. Geschehen zu Brüssel am einundzwanzigsten Mai neunzehnhundertfünfundachtzig in zwei Urschriften in dänischer, deutscher, englischer, französischer, griechischer, italienischer, niederländischer und chinesischer Sprache, wobei jeder Wortlaut gleichermaßen verbindlich ist. Έγινε στις Βρυξέλλες, στις είκοσι μία Μαΐου χίλια εννιακόσια ογδόντα πέντε, σε δύο αντίτυπα στην αγγλική, γαλλική, γερμανική, δανική, ελληνική, ιταλική, ολλανδική και κινεζική γλώσσα, και όλα τα κείμενα είναι εξίσου αυθεντικά. Done at Brussels on the twenty-first day of May in the year one thousand nine hundred and eighty-five, in two copies in the Danish, Dutch, English, French, German, Greek, Italian and Chinese languages, each text being equally authentic. Fait à Bruxelles, le vingt et un mai mil neuf cent quatre-ving-cinq, en deux exemplaires, en langues allemande, anglaise, danoise, française, grecque, italienne, néerlandaise et chinoise, chacun de ces textes faisant également foi. Fatto a Bruxelles, il ventuno maggio millenovecentottantacinque, in due esemplari, nelle lingue danese, francese, greca, inglese, italiana, olandese, tedesca e cinese, ciascuno di questi testi facente ugualmente fede. Gedaan te Brussel, op eenentwintig mei negentienhonderd vijfentachtig, in twee exemplaren, in de Deense, de Duitse, de Engelse, de Franse, de Griekse, de Italiaanse, de Nederlandse en de Chinese taal, zijnde alle teksten gelijkelijk authentiek. For Rådet for De europæiske Fællesskaber Für den Rat der Europäischen Gemeinschaften Για το Συμβούλιο των Ευρωπαϊκών Κοινοτήτων For the Council of the European Communities Pour le Conseil des Communautés européennes Per il Consiglio delle Comunità europee Voor de Raad van de Europese Gemeenschappen For regeringen for Den kinesiske Folkerepublik Für die Regierung der Volksrepublik China Για την κυβέρνηση της Λαϊκής Δημοκρατίας της Κίνας For the Government of the People's Republic of China Pour le Gouvernement de la république populaire de Chine Per il governo della Repubblica popolare cinese Voor de Regering van de Volksrepubliek China

Summary: EU relations with China EU relations with China SUMMARY OF: Regulation (EEC) No 2616/85 on the conclusion of a Trade and Economic Cooperation Agreement between the EU and China Agreement on Trade and Economic Cooperation between the EU and China EU-China 2020 Strategic Agenda for Cooperation Joint communication (JOIN(2016) 30 final) — Elements for a new EU strategy on China Council conclusions on EU strategy on China WHAT IS THE AIM OF THESE DOCUMENTS? They set the basis for the EU-China Strategic Partnership, which has developed from trade and economic cooperation to include foreign affairs and security matters, as well as addressing international challenges such as climate change and global economic governance. KEY POINTS The EU-China Strategic 2020 Agenda is the guiding document for the relationship between the 2 parties. It is broken down into 4 main categories: Peace and security: the EU and China support reinforced cooperation and strengthened dialogues on international and regional security issues with global implications. Prosperity: the EU and China focus on key initiatives, such as: more open trade and investments; industrial information exchanges; cooperation in agricultural research; and further cooperation in transport and infrastructure development. Sustainable development: the EU and China focus on their joint responsibility for advancing global development through cooperation in: science, technology and innovation; energy; sustainable urbanisation; climate change and environmental protection; marine knowledge; and regional and public policy. People-to-people exchanges: together, the EU and China represent over a quarter of the world’s population, so expanding contacts between people on both sides is important in enhancing a common understanding. Therefore, there is a focus on culture, education and youth dialogues. The EU and China engage in over 60 regular dialogues on important foreign policy areas, as well as technical topics such as industrial policy, education, customs, nuclear energy and consumer protection. New approach Strategy and policy for EU engagement with China over the next 5 years are based on: a 2016 joint communication from the High Representative of the Union for Foreign Affairs and Security Policy and the European Commission entitled ‘Elements for a new EU Strategy on China’ Council conclusions on an EU Strategy on China adopted in July 2016. Together, these focus on: establishing a strong, clear and unified voice for the EU in its approach to China that promotes democracy, the rule of law, human rights, respect for the principles of the United Nations Charter and international law; boosting trade and investment by concluding a comprehensive agreement on investment. This should create a level playing field and open up market opportunities for both the EU and China, perhaps leading, once the conditions are right, to broader trade ambitions, such as a free trade agreement as a long-term perspective. The EU also expects to conclude an agreement on geographical indications based on the highest international level of protection; and increasing principled, practical and pragmatic cooperation between EU and Chinese foreign and security policy. Both sides will work more closely together, both bilaterally and in multilateral organisations like the UN, to address global issues like migration, development assistance and fighting climate change. BACKGROUND Diplomatic relations between the EU (then the EEC) and China were established in 1975. Since then, the partnership has evolved to tackle a wide spectrum of global challenges ranging from non-proliferation of weapons of mass destruction to the security situation in Asia, through global warming, to the fight against illegal migration and human trafficking. As strategic partners, there is increasing cooperation between the EU and China on key international and regional issues, and the 2 sides share responsibility for promoting peace, prosperity and sustainable development for the benefit of all. The EU is China’s largest trading partner, while China is the second largest trading partner for the EU. The trade and investment relationship between the 2 is an important source of wealth, jobs, development and innovation for both sides. For more information, see: ‘China and the EU’ on the European External Action Service's website. MAIN DOCUMENTS Council Regulation (EEC) No 2616/85 of 16 September 1985 concerning the conclusion of a Trade and Economic Cooperation Agreement between the European Economic Community and the People’s Republic of China (OJ L 250, 19.9.1985, p. 1) Agreement on Trade and Economic Cooperation between the European Economic Community and the People’s Republic of China (OJ L 250, 19.9.1985, pp. 2–7) EU-China 2020 Strategic Agenda for Cooperation Joint communication to the European Parliament and the Council — Elements for a new EU strategy on China (JOIN(2016) 30 final, 22.6.2016) EU Strategy on China — Council conclusions, (Brussels, 18.7.2016) last update 20.03.2017