[Senate Treaty Document 106-32]
[From the U.S. Government Publishing Office]
106th Congress Treaty Doc.
SENATE
2d Session 106-32
_______________________________________________________________________
AMENDMENT TO MONTREAL PROTOCOL (``BEIJING AMENDMENT'')
__________
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 BEIJING ON DECEMBER 3,
1999, BY THE ELEVENTH MEETING OF THE PARTIES TO THE MONTREAL PROTOCOL
(THE ``BEIJING AMENDMENT'')
June 22, 2000.--Amendment 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
79-118 WASHINGTON : 2000
LETTER OF TRANSMITTAL
----------
The White House, June 22, 2000.
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 Beijing on December 3, 1999, by the
Eleventh Meeting of the Parties to the Montreal Protocol (the
``Beijing Amendment''). The report of the Department of State
is also enclosed for the information of the Senate.
The principal features of the Beijing Amendment, which was
negotiated under the auspices of the United Nations Environment
Program, are the addition of trade controls on
hydrochlorofluorocarbons (HCFCs), the addition of production
controls on HCFCs, the addition of bromochloromethane to the
substances controlled under the Montreal Protocol, and the
addition of mandatory reporting requirements on the use of
methyl bromide for quarantine and preshipment purposes. The
Beijing 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 Beijing Amendment will enter into force
on January 1, 2001, provided that at least 20 parties have
indicated their consent to be bound. The Beijing Amendment
provides that no State may become a party unless it previously
has become (or simultaneously becomes) a party to the 1997
Montreal Amendment. The Montreal Amendment is currently before
the Senate for its advice and consent to ratification (Senate
Treaty Doc. No. 106-10).
I recommend that the Senate give early and favorable
consideration to the Beijing Amendment and give its advice and
consent to ratification, at the same time as it gives its
advice and consent to ratification of the Montreal Amendment.
William J. Clinton.
The White House, June 22, 2000.
LETTER OF SUBMITTAL
----------
Department of State,
Washington, March 24, 2000.
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 Beijing
December 3, 1999, by the Eleventh Meeting of the Parties to the
Montreal Protocol. I recommend that the Amendment (the
``Beijing Amendment'') be transmitted to the Senate for its
advice and consent to ratification.
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. U.S. leadership in protecting
the ozone layer, besides being critical to the success of this
global environmental endeavor, works to safeguard 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,
cataracts, and damage to ecosystems.
A multilateral regime such as that provided by the Protocol
is necessary to control emissions of ozone-depleting substances
because such emissions anywhere could affect the ozone layer
globally. The Beijing Amendment and adjustments to the Protocol
adopted in 1999 will, when implemented, constitute another
major step forward in protecting public health and the
environment from potential adverse effects of stratospheric
ozone depletion.
This is the fourth 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 third amendment (the ``Montreal Amendment''), which
is currently before the Senate for its advice and consent to
ratification, entered into force on November 10, 1999.
The Beijing 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 Beijing Amendment are:
the addition of bromochloromethane as a
controlled substance under the Montreal Protocol, along
with associated control measures (such as a phaseout of
production and consumption by January 1, 2002, subject
to essential use decisions, and a ban on trade of this
substance with non-Parties);
the addition of a freeze in the level of
production of hydrochlorofluorocarbons (``HCFCs'') from
January 1, 2004;
the addition of a ban on trade with non-
Parties in HCFCs from January 1, 2004; and
the addition of reporting requirements on
the annual use of methyl bromide for quarantine and
preshipment purposes.
The United States will have the legal authority to
implement its obligations under the Beijing Amendment under
Title 6 of the Clean Air Act, as amended (including, e.g.,
sections 602, 604, 605, 606, 614, and 615). Certain new
regulations will be required for the United States to carry out
its obligations under the Amendment.
By its terms, the amendment will enter into force on
January 1, 2001, provided that at least twenty Parties to the
Montreal Protocol have deposited their instruments of
ratification, acceptance or approval. In accordance with
Article 2 of the Beijing Amendment, no State may deposit an
instrument of ratification to the amendment unless it has
previously or simultaneously become a party to the Montreal
Amendment. Thus, U.S. ratification of the Beijing Amendment
will require its previous or simultaneous ratification of the
1997 Montreal Amendment.
Ratification by the United States of both these amendments
is important to demonstrate to the rest of the world the U.S.
commitment to the preservation of the stratospheric ozone
layer. Early ratification of the Beijing Amendment will also
encourage the wide participation necessary for full realization
of its goals. Ratification is consistent with U.S. foreign
policy and environmental and economic interests.
I recommend that the Beijing Amendment be transmitted to
the Senate for advice and consent to ratification at an early
date.
Respectfully submitted.
Strobe Talbot.