VIENNA CONVENTION FOR THE PROTECTION OF OZONE LAYER, 1987

The ozone layer comprises of a sheet of three atoms of oxygen molecules that are found in
the earths stratosphere. It is thought to provide a shield against harmful UV radiations from
the sun and control the temperature structure of the Stratosphere. Ozone also acts as a
greenhouse gas at a lower altitude, thereby affecting the growth of plants and acting as a
respiratory irritant. Since 1960, there have been tremendous losses I n the ozone layer over
the Antarctic region during the Southern Hemisphere Spring, and more recently, a hole has
appeared in the ozone layer above the Arctic region.
The depletion in the ozone layer is caused by the anthropogenic emission of certain inert
gases particularly CFCs. When these gases reach the Stratosphere they are exposed to UV
radiations and break down releasing free chlorine from CFCs and Bromine from Halons,
which break up the ozone molecule and deplete the ozone layer.
The protection of ozone layer from these destructive elements is a subject of a complex
regime comprising the 1985 Vienna Convention for the Protection of Ozone Layer and the
1987 Montreal protocol on Substances that Deplete Ozone layer.
The Vienna Convention was negotiated over five years under the auspices of UNEP. It was
adopted on 22nd March 1985 and it came into force on 22 nd September, 1988. Till date, there
are 185 States as member parties to it. It was the first treaty to address the global atmosphere
issue and is open to participation by all States. The Convention has 21 Article and 2
Annexures. It established a framework for the adoption of measures to protect human health
and the environment against adverse effect resulting or likely to result from human activities
which modify or are likely to modify the Ozone layer.
Article 1(1) of the Convention defines the ozone layer as the layer of atmosphere ozone
above the planetary boundary layer. Article 2(1) the Convention does not sets any targets or
timetables for actions but requires four categories of appropriate measures to be taken by
parties in accordance with means at their disposals and their capabilities, and on the basis of
relevant scientific and technical considerations. These obligations are:

Co-operation on systematic observation;

Research and information exchange;
Adoption of appropriate legislative or administrative measures and co-operation on
policies to control, limit, reduce or prevent activities that are likely to have adverse
effects resulting from modifications to ozone layer;
Co-operations in the form of measures, procedures, standards to implement the
Convention as well as with competent international bodies.

Article 2 further provides that parties are free to adopt additional domestic measures in
accordance with international law [in the form of enactments, rules and regulations, policies]
and maintain in force, compatible measures already taken.
Article 3 and Annexure I elaborate upon types of research and systematic observations which
are to be carried out directly or through international bodies. Similarly, Article 4 and

Annexure II requires co-operation in legal, scientific, technical, socio-economic and legal

information relevant to the Convention, subject to the rules of confidentiality and
development and transfer of technology and knowledge, taking into account the particular
needs of Developing countries. [This Article of the Convention embodies within its text the
Common But differentiated Responsibilities of the nations when it comes to curbing down
the emission reduction.]
Article 6 provides that the parties are also required to transmit information to the Conference
of Parties [CoPs] on their implementation measures and methods. The CoP has other
functions including adoptions of Protocols, additional Annexes, and amendments to protocol
and annexes, and the right to take any additional action that may be required for the
achievement of the purposes of the Convention.[under Articles 8-10]
In case of disputes between parties, the Convention under Article 11 lays down several
methods of dispute settlement mechanisms:

Mediation at the request of parties under Article 11(2)

Voluntary submission to Arbitration and ICJ under Article 11(3)
Submission of disputes to Conciliation bodies under Article 11(4)

Article 18 provides that there may be no reservations to this Convention. Article 20 provides
that the Secretary-General of UN shall assume the functions of Depositary of this Convention
and any Protocol.

MONTREAL PROTOCOL ON THE SUBSTANCES THAT DEPLETE THE OZONE

LAYER, 1987
The Montreal protocol was adopted on 16th September 1987 and came into force on 1 st
January 1989.till date, 184 States are parties to this Protocol. It is the first and the only
Protocol to the Vienna Convention for the Protection of Ozone Layer, 1985. The Protocol sets
for the specific legal obligations, including limitations and reductions on the calculated levels
of consumption and production of certain controlled ozone-depleting substances.
The original text of the Protocol was adopted in the year 1987 and has been subsequently
amended and modified on several occasions. In 1990s the Second Meeting of Parties (MoP)
introduced certain important changes into the text of the Protocol. The Preamble was
amended to include the reference to take into accounts the developmental needs of
developing countries. [The Preamble thus, takes into account the needs of the Developing
Nations and thereby referring directly to the concept of common But Differentiated
Responsibilities of nations.] Since then, there have been many amendments in the years 1990,
1991, 1992, 1995, 1997, 1999.
There are 20 Articles and Five Annexures to this Protocol. Article 1 provides for definition
clause. Article 2A-2I sets out the calculated levels of production of Controlled Substances
such as CFCs, Halons, Carbon Tetrachloride, Hydrofluorocarbons, Trychloroethane,

Hydrobromofluorocarbons, Bromochloromethane, Methyl Bromide. [These are the only eight

greenhouse gases or Controlled Substances covered under the both the Convention and the
Protocol.]
Article 4 establishes innovative trade provisions to achieve its environmental objectives.
These measures address the trade in controlled substances by parties with States which are
not parties to this Protocol.
As per Article 5 the Protocol includes the special provisions to take into account of the
special needs of developing countries. [India has agreed to it.]
Article 5(1) of the Protocol provides that, any Party that is a developing country and whose
annual calculated level of consumption of the controlled substances in Annex A is less than
0.3 kilograms per capita on the date of the entry into force of the Protocol for it, shall, in
order to meet its basic domestic needs, be entitled to delay for ten years its compliance with
the control measures set out in Articles 2A to 2E of the Protocol.
Article 6 provides that the parties shall assess in every four years, the control measures
provided in Article 2 and Article 2A-2I on the basis of available scientific, environmental,
technical and economic information.
Article 9 provides that the Parties shall co-operate, consistent with their national laws,
regulations and practices and taking into account in particular the needs of developing
countries, in promoting, directly or through competent international bodies, research,
development and exchange of information on:

best technologies for improving the containment, recovery, recycling, or destruction

of controlled substances or otherwise reducing their emissions;
possible alternatives to controlled substances, to products containing such substances,
and to products manufactured with them; and
costs and benefits of relevant control strategies.

Article 10 of the Protocol, as amended in 1990 established a financial mechanism to provide

for financial and technical co-operation, including the transfer of technologies, to parties
operating under Articles 2A-2I of Amended Protocol. The mechanisms include a Multilateral
Fund to finance certain clearing houses functions. It is financed by contributions from parties
not operating under Article 5(1).
Article 11 talks about Meeting of Parties [MoP]. Accordingly, the most important function of
MoP is to periodically review the implementation of this Protocol and provide for additions
to and amendments to the Protocols or the Annexures provided under it.
Article 18 confirms that there can be no reservations to this Protocol.