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Adopted on March 22, 1985
Preamble
The Parties to this Convention,
Conscious of the potentially harmful effects of the alteration of the ozone layer on human health and the environment
Recalling the relevant provisions of the Declaration of the United Nations Conference on the Human Environment, and in particular principle 21, which states 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 others
Taking into account the circumstances and special needs of developing countries,
Taking into account the work and research carried out in both international and national organizations and, in particular, the World Ozone Plan of Action of the United Nations Environment Programme,
Mindful also of the precautionary ozone layer protection measures already taken at the national and international levels
Conscious that measures to protect the ozone layer from changes resulting from human activity require international cooperation and action at the international level, and should be based on relevant scientific and technical considerations
Conscious also of the need for further research and systematic observation to acquire further scientific knowledge about the ozone layer and the possible adverse effects of ozone depletion
Determined to protect human health and the environment from the adverse effects of changes in the ozone layer,
Agreed on the following:
Article 1: Definitions
In this Convention:
Article 2: General obligations
(a) Cooperate through systematic observation, research, and exchange of information to better understand and assess the effects of human activities on the ozone layer and the effects of changes in the ozone layer on human health and the environment;
(b) Implement appropriate legislative or administrative measures and cooperate in agreeing on appropriate programme activities to control, limit, reduce or prevent human activities within their jurisdiction or control if those activities are found to have, or are likely to have, an adverse effect by altering or creating the potential for alteration of the ozone layer;
(c) Cooperate in the development of harmonized measures, procedures and standards to implement this Convention with a view to adopting protocols and annexes;
(d) Cooperate with competent international bodies for the effective implementation of this Convention and the protocols to which they are parties.
Article 3: Research and systematic observation
(a) Physical and chemical processes that may affect the ozone layer;
(b) Effects on human health and other biological effects caused by changes in the state of the ozone layer, especially changes in ultraviolet solar radiation affecting living organisms (UV-B)
(c) The effects of changes in the state of the ozone layer on the climate;
(d) The effects of any changes in the state of the ozone layer and any subsequent change in the intensity of UV-B radiation on natural and man-made materials used by humans;
(e) Substances, practices, processes, and activities that may affect the ozone layer and their cumulative effects;
(f) Alternative substances and technologies;
(g) Relevant social and economic issues;
and other issues discussed in detail in Appendices I and II.
Article 4: Legal and scientific and technical cooperation
(a) Facilitating the acquisition of alternative technologies by other Parties;
(b) Providing them with information on alternative technologies and equipment and relevant instructions or manuals;
(c) Providing the necessary equipment and instruments for research and systematic observation;
(d) The training of the necessary scientific and technical personnel.
Article 5: Communication of information
The Parties shall forward, through the Secretariat, information on the measures they have taken to implement this Convention and the Protocols to which they are Parties, in such form and at such intervals as may be agreed upon at meetings of the Parties to the relevant treaty instruments.
Article 6: The Conference of the Parties
(a) Establish the form and periodicity of the transmission of information to be submitted under Article 5, and consider such information, as well as reports submitted by any subsidiary body;
(b) Review scientific information on the state of the ozone layer, its possible alteration and the possible effects of any such alteration;
(c) Promote, in accordance with article 2, agreement on appropriate policies, strategies and measures to minimize the release of substances which cause or are likely to cause changes in the ozone layer and to make recommendations on any other measures relevant to this Convention;
(d) Adopt programs of research, systematic observation, scientific and technical cooperation, exchange of information, and transfer of technology and knowledge in accordance with Articles 3 and 4;
(e) Consider and adopt, as appropriate, amendments to this Convention or its annexes in accordance with Articles 9 and 10;
(f) Consider amendments to any protocol as well as any annexes thereto and, if so decided, recommend to the Parties to such protocols their acceptance;
(g) Consider and adopt additional annexes to this Convention in accordance with Article 10, as appropriate;
(h) Where necessary, consider and adopt protocols in accordance with Article 8;
(i) Establish such subsidiary bodies as are deemed necessary for the implementation of this Convention;
(j) Utilize, as appropriate, the services of competent international bodies and scientific committees, in particular the World Meteorological Organization and the World Health Organization, as well as the Ozone Coordination Committee, in research, systematic observation and other activities related to the objectives of this Convention, and make appropriate use of information obtained from such bodies and committees;
(k) Consider and adopt any additional measures that may be necessary to carry out the objectives of this Convention.
Article 7: Secretariat
(a) The organization and servicing of meetings as provided for in Articles 6, 8, 9 and 10;
(b) To prepare and transmit reports based on information received under Articles 4 and 5 and on information received from meetings of subsidiary bodies established under Article 6;
(c) To perform the functions assigned to it by any protocols;
(d) Preparing reports on its activities in carrying out its functions under this Convention and submitting them to the Conference of the Parties;
(e) To ensure the necessary coordination with other relevant international bodies and, in particular, to make such administrative and contractual arrangements as may be necessary for the effective discharge of its functions;
(f) To perform such other functions as may be determined by the Conference of the Parties.
Article 8: Adoption of protocols
The text of any proposed protocol shall be communicated to the Parties by the Secretariat at least six months before such 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 of, inter alia, relevant scientific and technical considerations.
Article 10. Adoption and amendment of annexes
(a) Annexes to this Convention shall be proposed and adopted in accordance with the procedure set forth in Article 9, paragraphs 2 and 3, and annexes to any protocol shall be proposed and adopted in accordance with the procedure set forth in Article 9, paragraphs 2 and 4;
(b) Any party that does not consider it possible to approve an additional annex to this Convention or an annex to any protocol to which it is a Party shall so notify the Depositary, in writing, within six months from the date of the communication of acceptance by the Depositary. The Depositary shall without delay notify all Parties of any such notification received. A Party may at any time substitute an earlier notification of objection for an acceptance, whereupon the annexes shall become effective for that Party.
(c) On the expiry of six months from the date of the communication by the Depositary, an annex shall enter into force for all those Parties to this Convention or any of the relevant Protocols which have not submitted a notification in accordance with the provisions of subparagraph (b) above.
Article 11. Settlement of disputes
(a) Arbitration in accordance with procedures to be established by the Conference of the Parties at its first regular meeting;
(b) Submission of the dispute to the International Court of Justice.
Article 12. Signing
Article 13. Ratification, acceptance or approval
Article 14. Accession
Article 15. Voting rights
Article 16. Relationship between the Convention and its Protocols
Article 17. Entry into force
(2) Unless otherwise provided in that Protocol, any protocol shall enter into force on the ninetieth day after the date of deposit of the eleventh instrument of ratification, acceptance, approval or accession with respect thereto.
Article 18. Reservations
No reservation is permitted to this Convention.
Article 19. Withdrawal
(3) Any such withdrawal shall become effective upon the expiration of one year from the date of receipt of the notice by the Depositary or on such later date as may be specified in the notice of withdrawal.
Article 20. Depositary
(a) The signature of this Convention and any protocol and the deposit of instruments of ratification, acceptance or approval or accession pursuant to Articles 13 and 14;
(b) The date of entry into force of the Convention and of any protocol under article 17;
(c) The notifications of withdrawal made pursuant to article 19;
(d) Amendments to the Convention and to any protocol adopted, their acceptance by the parties thereto and the dates on which they entered into force in accordance with article 9;
(e) All communications concerning the adoption and approval of annexes and amendments thereto under article 10;
(f) Notifications by regional economic integration organizations concerning the extent of their competence with respect to matters governed by this Convention and any protocols and amendments thereto;
(g) Declarations made under Article 11, paragraph 3.
Article 21. Authentic texts
The original text of this Convention, of which the Arabic, Chinese, English, French, Russian and Spanish versions are equally authentic, shall be deposited with the Secretary-General of the United Nations.
IN WITNESS WHEREOF the undersigned, being duly authorized thereto, have signed this Convention.
DONE at Vienna this twenty-second day of March 1985.
Annex I
Studies and systematic observations
(a) Changes in the ozone layer, which may result from changes in the intensity of solar ultraviolet radiation affecting living organisms (UV-B) and reaching the Earth’s surface, and possible effects on human health, organisms, ecosystems, and materials used by humans;
(b) Changes in the vertical profile of ozone that could disrupt the temperature structure of the atmosphere, and possible effects on weather and climate.
(a) Atmospheric physics and chemistry research
(i) Integrated theoretical modelling: further development of models that consider the interaction of radiation, dynamic and chemical processes; studies of the simultaneous effects of various man-made and natural substances on atmospheric ozone; interpretation of satellite and ground-based telemetry measurements; evaluation of the dynamics of atmospheric and geophysical parameters and development of methods to determine the causes of changes in those parameters
(ii) Laboratory measurements of change factors, absorption cross sections and interaction mechanisms of tropospheric and stratospheric chemical and photochemical processes; spectroscopic data to support field measurements in all relevant spectral bands
(iii) Field measurements: studies of concentrations and fluxes of major parent gases of both natural and anthropogenic origin; studies of atmospheric dynamics; simultaneous measurements of photochemical cognates above the Earth’s atmosphere using in situ and remote sensors; comparison of data obtained at different locations and by different instruments, including the coordination and unification of nomenclature for satellite instruments; three-dimensional images of major trace atmospheric primers
(iv) Development of instruments, including satellite and non-satellite sensors for measuring trace atmospheric impurities, solar radiation fluxes and meteorological parameters;
(b) Study of the effects of changes in the ozone layer on human health, the biosphere and photodegradation processes
(i) The relationship of visible and ultraviolet sun exposure in humans (a) to the development of both non-melanoma and melanoma skin cancers and (b) the effects on the immunological system;
(ii) Wavelength-dependent effects of UV-B radiation (a) on crops, forests and other terrestrial ecosystems and (b) on the food web of aquatic ecosystems and fisheries, as well as possible inhibition of oxygen production by marine phytoplankton
(iii) Mechanisms of UV-B radiation effects on biological substances, species and ecosystems, including the relationship between dose, dose rate and response; photoremediation, adaptation and protection
(iv) Identification of possible interactions between different wavelength zones by studying biological action spectra and spectral response to polychromatic irradiation;
(v) Effects of UV-B radiation on the sensitivity and activity of species that play an important role in the balance of the biosphere; on primary natural processes such as photosynthesis and biosynthesis
(vi) Effects of UV-B radiation on photodegradation of pollutants, agricultural chemicals and other materials;
(c) Research on climate impacts
(i) Theoretical investigation and observation of the radiative effects of ozone and other trace elements and their effects on climatic parameters such as land and ocean surface temperatures, precipitation patterns, exchange between the troposphere and the stratosphere
(ii) Investigation of the impact of such climate changes on various human activities;
(d) Systematic observations of:
(i) The state of the ozone layer (spatial and temporal variability in total ozone content and vertical ozone profile) through the final introduction of a global ozone observation system based on the integration of satellite and ground-based observation systems;
(ii) Tropospheric and stratospheric concentrations of parent gases for HOx, NOx and CIOx, and carbon
(iii) Temperature from the Earth’s surface to the mesosphere, using both ground-based and satellite systems
(iv) The wave composition of the solar radiation flux reaching the Earth’s atmosphere and the thermal radiation leaving it, using data from satellites;
(v) Wave composition of the solar radiation flux reaching the Earth’s surface in the ultraviolet part of the spectrum and affecting living organisms (UV-B);
(vi) The properties and distribution of aerosols from the Earth’s surface to the mesosphere, using ground-based, airborne and satellite-based observation systems
(vii) Variables of importance to climate science through high-quality meteorological surface measurement programmes;
(viii) trace elements, temperature, solar radiation flux, and aerosols, using improved global data analysis techniques.
(a) Carbonaceous substances
(i) Carbon monoxide (CO). Carbon monoxide has important natural and anthropogenic sources and is believed to play a significant direct role in tropospheric photochemical processes and an indirect role in stratospheric photochemical processes.
(ii) Carbon dioxide (CO2). Carbon dioxide has important natural and anthropogenic sources and affects stratospheric ozone by affecting the thermal structure of the atmosphere.
(iii) Methane (CH4). Methane has both natural and anthropogenic sources and affects both tropospheric and stratospheric ozone.
(iv) Non-methane hydrocarbon species. Non-methane hydrocarbon species consist of a large number of chemicals, have both natural and anthropogenic sources, and play a direct role in tropospheric photochemical processes and an indirect role in stratospheric photochemical processes.
(b) Nitrogenous substances
(i) Nitrous oxide (N2O). The predominant sources of N2O are natural in nature, but their anthropogenic influence is becoming increasingly important. Nitrous oxide is a major source of stratospheric NOx, which plays a key role in regulating the amount of stratospheric ozone;
(ii) Nitrogen oxides (NOx). Terrestrial sources of NOx play an important direct role only in tropospheric photochemical processes and an indirect role in stratospheric photochemistry, with NOx input near the tropopause that can directly lead to changes in upper tropospheric and stratospheric ozone.
(c) Chlorinated substances
(i) Fully halogenated alkanes such as CCl4, CFCl3 (CFC-11), CF2Cl2 (CFC-12), C2F3Cl3 (CFC-113), C2F4Cl2 (CFC-114). Fully halocidated alkanes are anthropogenic and act as a source of ClOx, which plays a key role in ozone photochemistry, mainly at 30-50 km altitude.
(ii) Partially halocidated alkanes such as CH3Cl, CHF2Cl (CFC-22), CH3CCl3, CHFCl2 (CFC-21). The sources of CH3Cl are natural, while the other partially halogenated alkanes mentioned above are of anthropogenic origin. These gases also act as sources of stratospheric ClOx.
(d) Brominated substances
Fully halocidated alkanes, such as CF3Br. These gases are anthropogenic and act as a source of BrOx, with effects similar to those of C1Ox.
(e) Hydrogenic substances
(i) Hydrogen (H2). Hydrogen, whose source is natural and anthropogenic, plays a minor role in stratospheric photochemistry.
(ii) Water (H2O). Water, whose source is natural, plays a very important role in both tropospheric and stratospheric photochemistry. Local sources of water vapor in the stratosphere are the oxidation of methane and, to a lesser extent, hydrogen.
Appendix II
Information exchange
This includes information:
(a) On scientific research planned and conducted on a public or private basis in order to facilitate the coordination of research programs and thus the most efficient use of available national and international resources;
(b) Emission data necessary for research;
(c) Scientific results published in the specialist scientific literature on the physics and chemistry of the Earth’s atmosphere and its sensitivity to change, and particularly on the state of the ozone layer and the effects on human health, the environment and the climate of changes in the total ozone content or vertical profile on any time scale;
(d) On the evaluation of scientific results and recommendations for future research.
This includes information on:
(a) The availability and cost of chemical substitutes and alternative technologies that will reduce emissions of ozone-altering substances, and related research planned or underway;
(b) The limitations and possible risks associated with the use of chemical and other substitutes and alternative technologies.
This includes information on:
(a) Production and production capacity;
(b) Information on uses and trends of products
(c) Import/export information;
(d) The costs, risks and benefits of human activities which may indirectly cause changes in the ozone layer and the effect of control measures taken or planned for those activities.
This includes information on:
(a) National laws, administrative measures, and legal studies relating to the protection of the ozone layer;
(b) International agreements, including bilateral agreements, relating to the protection of the ozone layer;
(c) Methods and conditions of licensing and availability of patents related to the protection of the ozone layer.
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