374. Telegram From the Consulate in Canada to the Department of State1
3027. Subject: Ozone Protocol Negotiations (Montreal)—Status Report. Ref: Montreal 2997.2
Begin summary
1. Summary: Progress was made over weekend3 prior to diplomatic conference, particularly in trade and LDC areas. No major change on EIF, REIO and Soviet issues. Current status is as follows, keyed to draft Montreal Protocol faxed this a.m.4[End Summary]
2. Control Article: Although 1986 base year is preferred option for nearly all participants, 1990 is still in brackets at request of Soviets. (Soviet problem remains as described reftel.) Article calls for freeze in 1989; 20 percent reduction by 1994; 50 percent reduction by 1999. Formula remains consumption-based with higher production levels allowed. Protocol covers CFCs 11, 12, 113, 114 and 115. Halons are in protocol, and frozen at 1986 levels 3 years after entry into force.
3. Entry into Force: Issue is still unresolved and percentage is bracketed as 0 percent, 60 percent, 90 percent. There is appreciation of U.S. view on percentage requirement, although strong opposition to 90 percent. Sentiment is building to base this on consumption (rather than production) to symbolize stake of consumer countries as well.
4. REIO: Informal discussions with the EC and, separately with some EC-member countries, reveal some predisposition to consider changes in language of EC’s proposal on REIOs, but opposition to total deletion of provision due to their concern about restrictions on trade among member states that are party to the protocol.
5. Voting: Weighted voting (Article 2, paras. 4, 5, and 5 bis) still shown as quote two-thirds majority of parties representing (0 percent) (60 percent) (two-thirds) of the total calculated consumption level. Nordics are in lead in building pressures against any weighted voting requirement here. Article 2, para. 5 still provides for weighted voting (bracketed) on adjustments to reduction schedule and to calculated ozone depletion potentials, which would be binding on all parties para. 5(c) and 5(d). Article 2, para. 5 bis provides for weighted voting [Page 1078] (bracketed) on additions or removal of substances from controls. However, reference here to Article 9 of Convention means that individual parties would have to ratify decisions on new chemicals (i.e. it is not automatically binding on parties).
6. Compliance and Reporting: Article 7 bis provides that parties will at their first meeting consider and approve procedures and mechanisms for determining non-compliance. This protects concept that parties in non-compliance would be treated as non-party, as this would, in any event, need to be institutionalized at parties’ first meeting whether or not it formally appears in Article 7 bis. General sentiment (Tolba and other delegations) is that attempt to insist on more explicit reference here would only trigger extensive and unproductive discussion. U.S. intends to make declaration emphasizing that treatment as non-parties is traditional practice according to Vienna Convention on treaties and that we consider it would also apply to this protocol; this declaration would become part of final act. Reporting of data now shown due quote nine months after the end of the year to which the data relate unquote.
7. Trade and LDCs: Following hard negotiations, significant progress was made. Provisional endorsement by U.S., EC, Japan and several LDC delegations was achieved on the following package:
—Reference to exports dropped in paragraph 1 of Article 4.
—New paragraph (1 bis) added to Article 4 banning bulk exports from any LDC party to any non-party beginning in 1993.
—Special LDC exemption (i.e. reference to Article 5) in paragraph 7 of Article 4 deleted.5
—Clause added to Article 3 (calculation of control levels) providing that, beginning January 1, 1993, only exports to parties can be subtracted from production in calculating consumption level.
—0.3 kg. per capita accepted as low-consuming developing country ceiling in Article 5, with 10 years as length of grace period.
—Tunisian proposal in Article 5 for guaranteed production rights dropped.
- Source: Reagan Library, Bledsoe, Ralph: Files, 330—Stratospheric Ozone (September 1987) [4]. Unclassified; Immediate.↩
- Printed in Document 373.↩
- September 12–13.↩
- Not found.↩
- See footnote 8, Document 373.↩