375. Memorandum From the Cabinet Secretary (Risque) to President Reagan1
SUBJECT
- International Protocol on Chlorofluorocarbons
On behalf of the U.S., EPA Administrator Lee Thomas today signed an international protocol aimed at protecting the stratospheric ozone layer by limiting the future world-wide emissions of chlorofluorocarbons (CFCs) and halons.2 Joining the United States in signing the protocol, among others, were members of the European Community, Japan and the Soviet Union—ensuring that the protocol will enter into force after next year.
The U.S. delegation in Montreal and an interagency team in Washington worked together to insure that your instructions were carried out.3 The protocol requires Senate ratification.
Outlined below are some of the major issues that arose during the negotiations of which you should be aware:
• Entry Into Force. The delegation was able to obtain in the protocol a provision that it shall enter into force on January 1, 1989, provided that it is ratified by least eleven parties representing two-thirds of 1986 estimated global consumption of the controlled substances. These parties would represent countries that now produce over 80% of the CFCs and halons.
• Soviet Allowance. Throughout the negotiations the Soviets wanted reductions based upon 1990 production levels, because of their current five year plan. The U.S. delegation and the other negotiating parties were unanimously opposed to changing the base year from 1986 levels. The Soviets were isolated but firm. A compromise was worked out that allows any party with production facilities under construction or planned for completion prior to the end of 1990 to increase their annual per capita consumption of CFCs and halons up to 0.5 kilograms. We agreed to this because now the Soviets have agreed (as did others) to report their production and consumption levels of CFCs and halons—something they had opposed earlier—and are committed to limit their [Page 1080] CFC and halon production. Neither would have been achieved without the compromise.
• European Community. The European Community (EC) proposed that any regional economic integration organization should be allowed to jointly fulfill their obligations. This would, in effect, allow the EC an advantage in world trade markets, by permitting reductions by one member country to offset increases in production by another member country as long as the EC totals were reduced. The compromise was that the EC could jointly meet consumption reductions, but each country would be required to individually meet reduced production levels for CFCs and halons. It was also agreed that all the member countries must join in the protocol for this to be permitted.
• Timing. Some timing changes were also accepted to get more desirable features in the protocol. The freeze on halons will take effect at the end of three years, instead of the “one or two years” contained in your instructions. This was needed to get the EC to agree to include halons in the controlled substances listing. Also, a ten year period for the 50% reduction of CFCs was agreed to, instead of the “about eight years” contained in your instructions. The first phase of a 20% reduction of CFCs will occur during the fifth year after entry into force, instead of the “four years” contained in your instructions. The second phase, a further 30% CFC reduction, will occur five years after the first phase. This timing ensured that Japan would agree to the protocol.
All of the fundamental principles contained in your instructions—a weighted voting system, a grace period for lesser developed countries, strong enforcement provisions, periodic assessments of the control provisions, and equitable trade provisions—were incorporated into the protocol.
Overall, the United States was a leader in drafting an international protocol that will reach your ultimate objective of protecting the ozone layer through supporting actions determined to be necessary based on regularly scheduled scientific assessments. This is a significant Administration achievement on both the domestic and the world environmental front.4
- Source: Reagan Library, Risque Files, Stratospheric Ozone (8). No classification marking.↩
- Under a September 21 covering memorandum to the Domestic Policy Council, Bledsoe forwarded a copy of the Montreal Protocol. (Reagan Library, Bledsoe, Ralph: Files, 330—Stratospheric Ozone. [September 1987] [6])↩
- See Document 372.↩
- President Reagan transmitted the Montreal Protocol for Senate ratification on December 21. See Public Papers: Reagan, 1987, Book II, p. 1538.↩