[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.


                                  
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