Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer

Parties with reservations, declarations and objections

Party	Reservations / Declarations	Objections
China	Yes	No
Denmark	Yes	No
EU (European Union)	Yes	No
Holy See	Yes	No
New Zealand	Yes	No
Türkiye	Yes	Yes

China

17-06-2021

I. Article 5 of the Montreal Protocol on Substances that Deplete the Ozone Layer shall not apply to the Hong Kong Special Administrative Region and the Macao Special Administrative Region of the People’s Republic of China.
II. In accordance with the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China and the Basic Law of the Macao Special Administrative Region of the People’s Republic of China, the Government of the People’s Republic of China decides that the abovementioned Amendment shall apply to the Macao Special Administrative Region of the People’s Republic of China, and unless otherwise notified by the Government of the People’s Republic of China, shall not apply to the Hong Kong Special Administrative Region of the People’s Republic of China.

Denmark

06-12-2018

Territorial exclusion in respect of Greenland

EU (European Union)

27-09-2018

Declaration by the European Union in conformity with Article 13 (3) of the Vienna Convention for the protection of the ozone layer concerning the extent of its competence with respect to the matters covered by the Convention and by the Montreal Protocol on substances that deplete the ozone layer.
The following States are at present Members of the European Union: the Kingdom of Belgium, the Republic of Bulgaria, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, Ireland, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Republic of Croatia, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, Hungary, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, Romania, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden, the United Kingdom of Great Britain and Northern Ireland.
In accordance with the Treaty on the Functioning of the European Union, and in particular Article 192 (1) thereof, the Union has competence for entering into international agreements, and for implementing the obligations resulting therefrom, which contribute to the pursuit of the following objectives:
- preserving, protecting and improving the quality of the environment;
- protecting human health;
- prudent and rational utilisation of natural resources;
- promoting measures at international level to deal with regional or worldwide environmental problems, and in particular combating climate change.
The Union has exercised its competence in the area covered by the Vienna Convention and the Montreal Protocol by adopting legal instruments, in particular Regulation (EC) No 1005/2009 of the European Parliament and of the Council of 16 September 2009 on substances that deplete the ozone layer (recast) 1, replacing earlier legislation for the protection of the ozone layer, and of 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 2. The Union is competent for the performance of those obligations from the Vienna Convention and the Montreal Protocol regarding which the provisions of Union legal instruments, in particular those mentioned above, establish common rules and if and insofar as such common rules are affected or altered in scope by provisions of the Vienna Convention or the Montreal Protocol or an act adopted in implementation thereof; otherwise the Union's competence continues to be shared between the Union and its Member States.
The exercise of competences by the European Union pursuant to the Treaties is, by its nature, subject to continuous development. The Union therefore reserves the right to adjust this Declaration.
In the field of research, as referred to by the Convention, the Union has competence to carry out activities, in particular to define and implement programmes; however, the exercise of that competence does not result in Member States being prevented from exercising theirs.
______________________
1 OJ L 286, 31.10.2009, p. 1.
2 OJ L 150, 20.5.2014, p. 195.

Holy See

17-06-2020

In ratifying the Kigali Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer, the Holy See desires to encourage the entire international community to be resolute in promoting authentic cooperation between politics, science, economics, and civil society. Such cooperation, as has been shown in the case of the international ozone regime, «can achieve important outcomes, which make it simultaneously possible to safeguard creation, to promote integral human development and to care for the common good, in a spirit of responsible solidarity and with profound positive repercussions for present and future generations» (Holy See's Declaration Attached to the Instrument of Accession to the Vienna Convention, the Montreal Protocol and its four Amendments, 9 April 2008). The international ozone regime has demonstrated that «we have the freedom needed to limit and direct technology; we can put it at the service of another type of progress, one which is healthier, more human, more social, more integral» (Pope Francis, Encyclical Letter Laudato Si’, 18 May 2015, n. 112).
In conformity with its own nature and with the particular character of Vatican City State, the Holy See, by means of the solemn act of ratification, intends to give its own support to the commitment of States to the correct and effective implementation of the ozone regime and to care for our common home. To this end, it wishes to acknowledge the fact that «the continued acceleration of changes affecting humanity and our planet, coupled today with a more intense pace of life and work, should constantly urge us to ask whether the goals of this progress are truly directed to the common good and to a sustainable and integral human development, or whether they cause harm to our world and to the quality of life of much of humanity, now and in the future» (Message of His Holiness Pope Francis to the XXXI Meeting of the Parties to the Montreal Protocol, 7 November 2019).

New Zealand

03-10-2019

[...] consistent with the constitutional status of Tokelau and taking into account the commitment of the Government of New Zealand to the development of self-government for Tokelau through an act of self-determination under the Charter of the United Nations, [the ratification by New Zealand of this Amendment] shall not extend to Tokelau unless and until a Declaration to this effect is lodged by the Government of New Zealand with the depositary on the basis of appropriate consultation with that Territory […]

Türkiye

10-11-2021

Turkey’s ratification of [t]he Kigali Amendment (2016) … to the Montreal Protocol agreed by the Twenty-Eighth Meeting of the Parties should in no way be construed as implying any obligation on the part of Turkey to enter into any dealing with the countries that Turkey has no diplomatic relations within the framework of UN Environment Programme activities.

Objection Cyprus, 05-10-2022

The Republic of Cyprus has examined the Declaration deposited by the Republic of Turkey on 10 November 2021, upon ratification of the Kigali Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer of 15 October 2016, and notes that such a declaration is not in conformity with the 1985 Vienna Convention for the Protection of the Ozone Layer and the 1987 Montreal Protocol.
By means of the submitted Declaration, Turkey purports to release itself of the obligation to cooperate with other States Parties within the framework of the Vienna Convention and the Montreal Protocol. ln the view of the Republic of Cyprus, this Declaration attempts to exclude or modify the legal effects of the said treaties, including in effect certain provisions thereof, in their application to Turkey, concerning cooperation between States Parties, which is one of the essential elements of and is explicitly envisaged in the aforementioned instruments.
ln light of the above, it is the position of the Republic of Cyprus that the Declaration submitted by the Republic of Turkey is an interpretative declaration tantamount to a reservation, contrary to both Article 18 of the 1985 Vienna Convention for the Protection of the Ozone Layer, and Article 18 of the 1987 Montreal Protocol, which explicitly prohibit reservations, and, in any event, is incompatible with the object and purpose of these treaties.
The Republic of Cyprus, therefore, rejects the aforesaid Declaration made by the Republic of Turkey and considers it to be null and void. The Objection of the Republic of Cyprus shall not preclude the entry into force of the Amendment to the Protocol, in its entirety, between the Republic of Cyprus and the Republic of Turkey.

Objection Greece, 11-11-2022

The Government of the Hellenic Republic has examined the declaration made by the Republic of Türkiye upon ratification, on 10 November 2021, of the Amendment to the 1987 Montreal Protocol on Substances that Deplete the Ozone Layer, adopted in Kigali, on 15 October 2016.
The Republic of Türkiye thereby declares that its ratification of the Kigali Amendment to the Montreal Protocol ‘should in no way be construed as implying any obligation on the part of Turkey to enter into any dealing with the countries that Turkey has no diplomatic relations within the framework of UN Environment Program activities’.
In the view of the Government of the Hellenic Republic, this declaration in fact amounts to a reservation, as it unilaterally purports to release the Republic of Türkiye from its obligation to cooperate with other States Parties within the framework of the 1985 Vienna Convention for the Protection of the Ozone Layer and the 1987 Montreal Protocol on Substances that Deplete the Ozone Layer. It is noted in this regard that the obligations of cooperation enshrined therein, constitute one of the essential elements of these instruments, as already stressed in the preamble to the Convention, according to which measures to protect the ozone layer from modifications due to human activities require international co- operation and action.
The Government of the Hellenic Republic would like to recall that according to Article 18 of the 1985 Vienna Convention and the corresponding Article 18 of the 1987 Montreal Protocol reservations are prohibited.
In the light of the above, the Government of the Hellenic Republic considers that the aforementioned reservation of the Republic of Türkiye is inadmissible, as prohibited by Article 18 of the Vienna Convention and Article 18 of the 1987 Montreal Protocol and as incompatible with the object and purpose of these treaties.
For the above reasons, the Government of the Hellenic Republic objects to the declaration made by the Republic of Türkiye upon ratification of the Kigali Amendment. This objection shall not preclude the entry into force of the said Amendment to the Montreal Protocol, in its entirety, between the Hellenic Republic and the Republic of Türkiye.