[Senate Treaty Document 106-10]
[From the U.S. Government Publishing Office]
106th Congress
1st Session SENATE Treaty Doc.
106-10
_______________________________________________________________________
1997 AMENDMENT TO MONTREAL PROTOCOL
__________
MESSAGE
from
THE PRESIDENT OF THE UNITED STATES
transmitting
AMENDMENT TO THE MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE
LAYER (THE ``MONTREAL PROTOCOL''), ADOPTED AT MONTREAL ON SEPTEMBER 15-
17, 1997, BY THE NINTH MEETING TO THE PARTIES TO THE MONTREAL PROTOCOL
September 16, 1999.--Treaty was read the first time, and together with
the accompanying papers, referred to the Committee on Foreign Relations
and ordered to be printed for the use of the Senate
______
U.S. GOVERNMENT PRINTING OFFICE
69-118 WASHINGTON : 1999
LETTER OF TRANSMITTAL
----------
The White House, September 16, 1999.
To the Senate of the United States:
I transmit herewith, for the advice and consent of the
Senate to ratification, the Amendment to the Montreal Protocol
on Substances that Deplete the Ozone Layer (the ``Montreal
Protocol''), adopted at Montreal on September 15-17, 1997, by
the Ninth Meeting of the Parties to the Montreal Protocol. The
report of the Department of State is also enclosed for the
information of the Senate.
The principal features of the 1997 Amendment, which was
negotiated under the auspices of the United Nations Environment
Program (UNEP), are the addition of methyl bromide to the
substances that are subject to trade control with non-Parties;
and the addition of a licensing requirement for import and
export of controlled substances. The 1997 Amendment will
constitute a major step forward in protecting public health and
the environment from potential adverse effects of stratospheric
ozone depletion.
By its terms, the 1997 Amendment was to have entered into
force on January 1, 1999, provided that at least 20 states had
deposited their instruments of ratification, acceptance, or
approval. However, because this condition was not met until
August 12, 1999, the 1997 Amendment will enter into force on
November 10, 1999.
I recommend that the Senate give early and favorable
consideration to the 1997 Amendment to the Montreal Protocol
and give its advice and consent to ratification.
William J. Clinton.
LETTER OF SUBMITTAL
----------
Department of State,
Washington, September 10, 1999.
The President,
The White House.
The President: I have the honor to submit to you the
Amendment to the Montreal Protocol on Substances that Deplete
the Ozone Layer (``Montreal Protocol''), adopted at Montreal
September 15-17, 1997, by the Ninth Meeting of the Parties to
the Montreal Protocol. I recommend that the Amendment be
transmitted to the Senate for its advice and consent to
ratification.
The Montreal Protocol on substances that Deplete the Ozone
Layer is part of the United Nations Environment Program. The
Montreal Protocol, which the United States ratified in 1988, is
the most important international instrument for the protection
of an essential component of the global environment, the
stratospheric ozone layer. United States leadership in
protecting the ozone layer, besides being critical to the
success of this global environmental endeavor, works to
safeguard our public health.
The gradual loss of the stratospheric ozone layer, which
the Montreal Protocol seeks to reverse, has been causally
linked to, for instance, a higher incidence of skin cancers and
cataracts and abnormalities in the animal kingdom.
A multilateral regime such as that provided by the Montreal
Protocol is necessary to control emissions of ozone-depleting
substances because such emissions anywhere could affect the
ozone layer globally. The Amendment to the Montreal Protocol
adopted in 1997 will, when implemented, institute another major
step forward in protecting public health and the environment
from potential adverse effects of stratospheric ozone
depletion.
This is the third Amendment to the Montreal Protocol; the
first Amendment (the London Amendment), to which the United
States is a party, entered into force on August 10, 1992. The
second Amendment (the Copenhagen Amendment), to which the
United States is also a party, entered into force on June 14,
1994.
The 1997 Amendment is the product of several months of
negotiations under the auspices of the United Nations
Environment Program. During the negotiations, the Department of
State coordinated with all relevant federal agencies and
consulted closely with Congress, industry, and environmental
groups.
The principal features of the 1997 Amendment are the
expansion of trade controls to include methyl bromide and the
addition of a licensing requirement for trade in certain
controlled substances.
The trade provisions of the Montreal Protocol (Article 4)
would be amended to treat methyl bromide in the same manner as
other substances already controlled, that is, there would be a
ban on trade in methyl bromide between a Party and a non-Party.
The licensing provision will require each Party to have in
place a system for licensing the import and export of all new,
used, recycled, and reclaimed controlled substances under the
Montreal Protocol.
The main intent of the trade ban with non-Parties is to
minimize, if not thwart, the possibility that States which are
not bound by compliance obligations regarding methyl bromide
could gain a competitive advantage over Montreal Protocol
Parties who are bound. The licensing provision will support
world law enforcement efforts to diminish any illegal trade in
controlled substances.
The United States has the legal authority to implement its
obligations under the 1997 Amendment under Title 6 of the Clean
Air Act, as amended (including, e.g., sections 604, 605, 606,
614 and 615).
By its terms, the 1997 Amendment was to have entered into
force on January 1, 1999, provided that at least twenty States,
party to the Montreal Protocol, had deposited their instruments
of ratification, acceptance or approval. However, because
twenty States had not indicated their consent to be bound until
August 12, 1999, the Amendment will enter into force for those
States on November 10, 1999. In accordance with Article 2 of
the 1997 Amendment, no State or regional economic organization
may deposit an instrument of ratification, acceptance, approval
or accession to the Amendment unless it has previously or
simultaneously become party to the Copenhagen Amendment.
Ratification by the United States is important to
demonstrate to the rest of the world our commitment to
protection and preservation of the stratospheric ozone layer.
Our ratification will also encourage the wide participation
necessary for the full realization of the 1997 Amendment's
goals. Ratification of the 1997 Amendment is consistent with
the U.S. foreign policy and our environmental and economic
interests.
The Department of State recommends that the 1997 Amendment
to the Montreal Protocol be submitted to the Senate for advice
and consent to ratification at an early date.
Respectfully submitted,
Thomas R. Pickering.