Vienna Convention for the Protection of the Ozone Layer

Preamble

The Parties to this Convention,

Aware of the potentially harmful impact on human health and the environment through modification of the ozone layer;

Recalling the pertinent provisions of the Declaration of the United Nations Conference on the Human Environment, and in particular principle 21, which provides that «States have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction»;

Taking into account the circumstances and particular requirements of developing countries;

Mindful of the work and studies proceeding within both international and national organizations and, in particular, of the World Plan of Action on the Ozone Layer of the United Nations Environment Programme;

Mindful also of the precautionary measures for the protection of the ozone layer which have already been taken at the national and international levels;

Aware that measures to protect the ozone layer from modifications due to human activities require international co-operation and action, and should be based on relevant scientific and technical considerations;

Aware also of the need for further research and systematic observations to further develop scientific knowledge of the ozone layer and possible adverse effects resulting from its modification;

Determined to protect human health and the environment against adverse effects resulting from modifications of the ozone layer;

have agreed as follows:

Article 1

DEFINITIONS

For the purposes of this Convention:

1)         «The ozone layer» means the layer of atmospheric ozone above the planetary boundary layer;

2)         «Adverse effects» means changes in the physical environment or biota, including changes in climate, which have significant delecterious effects on human health or on the composition, resilience and productivity of natural and managed ecosystems, or on materials useful to mankind;

3)         «Alternative technologies or equipment» means technologies or equipment the use of which makes it possible to reduce or effectively eliminate emissions of substances which have or are likely to have adverse effects on the ozone layer;

4)         «Alternative substances» means substances which reduce, eliminate or avoid adverse effects on the ozone layer;

5)         «Parties» means, unless the text otherwise indicates, Parties to this Convention;

6)         «Regional economic integration organization» means an organization constituted by sovereign States of a given region which has competence in respect of matters governed by this Convention or its protocols and has been duly authorized, in accordance with its internal procedures, to sign, ratify, accept, approve or accede to the instruments concerned;

7)         «Protocols» means protocols to this Convention.

Article 2

GENERAL OBLIGATIONS

1 — The Parties shall take appropriate measures in accordance with the provisions of this Convention and of those protocols in force to which they are party to protect human health and the environment against adverse effects resulting or likely to result from human activities which modify or are likely to modify the ozone layer.

2 — To this end the Parties shall, in accordance with the means at their disposal and their capabilities:

a)         Co-operate by means of systematic observations, research and information exchange in order to better understand and assess the effects of human activities on the ozone layer and the effects on human health and the environment from modification of the ozone layer;

b)         Adopt appropriate legislative or administrative measures and co-operate in harmonizing appropriate policies to control, limite, reduce or prevent human activities under their jurisdiction or control should it be found that these activities have or are likely to have adverse effects resulting from modification or likely modification of the ozone layer;

c)         Co-operate in the formulation of agreed measures, procedures and standards for the implementation to this Convention, with a view to the adoption of protocols and annexes;

d)        Co-operate with competent international bodies to implement effectively this Convention and protocols to which they are party.

3 — The provisions of this Convention shall in no way affect the right of Parties to adopt, in accordance with international law, domestic measures additional to those referred to in paragraphs 1 and 2 above, nor shall they affect additional domestic measures already taken by a Party, provided that these measures are not incompatible with their obligations under this Convention.

4 — The application of this article shall be based on relevant scientific and technical considerations.

Article 3

RESEARCH AND SYSTEMATIC OBSERVATIONS

1 — The Parties undertake, as appropriate, to initiate and co-operate in, directly or through competent international bodies, the conduct of research and scientific assessments on:

a)         The physical and chemical processes that may affect the ozone layer;

b)         The human health and other biological effects deriving from any modifications of the ozone layer, particularly those resulting from changes in ultra-violet solar radiation having biological effects (UV-B);

c)         Climatic effects deriving from any modifications of the ozone layer;

d) Effects deriving from any modifications of the ozone layer and any consequent change in UV-B radiation on natural and synthetic materials useful to mankind;

e)         Substances, practices, processes and activities that may affect the ozone layer, and their cumulative effects;

f)         Alternative substances and technologies;

g)         Related socio-economic matters;

and as further elaborated in annexes I and II.

2 — The Parties undertake to promote or establish, as appropriate, directly or through competent international bodies and taking fully into account national legislation and relevant ongoing activities at both the national and international levels, joint or complementary programmes for systematic observation of the state of the ozone layer and other relevant parameters, as elaborated in annex I.

3 — The Parties undertake to co-operate, directly or through competent international bodies, in ensuring the collection, validation and transmission of research and observational data through appropriate world data centres in a regular and timely fashion.

Article 4

CO-OPERATION IN THE LEGAL, SCIENTIFIC AND TECHNICALS FIELDS

1 — The Parties shall facilitate and encourage the exchange of scientific, technical, socio-economic, commercial and legal information relevant to this Convention as further elaborated in annex II. Such information shall be supplied to bodies agreed upon by the Parties. Any such body receiving information regarded as confidential by the supplying Party shall ensure that such information is not disclosed and shall aggregate it to protect its confidentiality before it is made available to all Parties.

2 — The Parties shall co-operate, consistent with their national laws, regulations and practices and taking into account in particular the needs of the developing countries, in promoting, directly or through competent international bodies, the development ivities which may indirectly modify the ozone layer and of the impacts of regulatory actions taken or being considered to control these activities.

6 — Legal information. — This includes information on:

a) National laws, administrative measures and legal research relevant to the protection of the ozone layer;

b) International agreements, including bilateral agreements, relevant to the protection of the ozone layer;

c) Methods and terms of licensing and availability of patents relevant to the protection of the ozone layer.

Declarations made at the time of adoption of the Final Act of the Conference of Plenipotentiaries on the Protection of the Ozone Layer (*).

1 — The delegations of Australia, Austria, Belgium, Canada, Chile, Denmark, Finland, France, Germany, Federal Republic of, Italy, Netherlands, New Zealand, Norway, Sweden, Switzerland, and United Kingdom of Great Britain and Northern Ireland express their regret at the absence from the Vienna Convention for the Protection of the Ozone Layer of any provision for the compulsory settlement of disputes by third parties, at the request of one party. Consistently with their traditional support for such a procedure these delegations appeal to all Parties to the Convention to make use of the possibility of a declaration under article 11, paragraph 3, of the Convention.

2 — The delegation of Egypt reiterates the importance attached by its Government to the international and national efforts to protect the environment, including the protection of the ozone layer. For that reason, it has participated from the outset in the preparatory work for the Conference of Plenipotentiaries on the Protection of the Ozone Layer, and in the adoption of the Convention and resolutions. While concurring with the consensus on article 1 of the Convention, the delegation of Egypt understands paragraph 6 of that article as being applicable to all regional organizations, including the Organization of African Unity and the League of Arab States, provided they fulfil the conditions laid down in that article, namely, that they have competence in respect of matters governed by the Convention and have been duly authorized by their member States in accordance with their internal rules of procedure. While concurring with the consensus on article 2 of the Convention, the delegation of Egypt states that the first sentence of paragraph 2 of that article should be read in the light of the third preambular paragraph. While concurring with the consensus on Resolution no. 1 on Institutional and Financial Arrangements, the delegation of Egypt states that its approval of the third preambular paragraph of that resolution is without prejudice to its position on the method of apportioning contributions among the member States, with particular reference to option 2, which it had supported during the discussions on preparatory document UNEP/WG.94/13, whereby 80 per cent of the costs would be covered by the industrialized countries and the remaining 20 per cent apportioned among the member States on the basis of the United Nations scale of assessment.

3 — With regard to Resolution no. 2 on a Protocol Concerning Chlorofluorocarbons, the delegation of Japan is of the opinion that a decision whether or not to continue work on a protocol should await the results of the work of the Co-ordinating Comittee on the Ozone Layer. Secondly, with regard to paragraph 6 of the above-mentioned resolution, the delegation of Japan is of the opinion that each country should itself decide how to control emissions of chlorofluorocarbons.

4 — The delegation of Spain declares that, in accordance with the interpretation by the president of the Conference in his statement of 21 March 1985, its Government understands paragraph 6 of the Resolution on a Protocol Concerning Chlorofluorocarbons as being addressed exclusively to the individual countries themselves, which are urged to control their limits of production or use, and not to third countries or to regional organizations with respect to such countries.

5 — The delegation of the United States of America declares that it understands article 15 of the Convention to mean that regional economic integration organizations, none of whose member States are parties to the Convention or relevant protocol, shall have one vote each. It further understands that article 15 does not allow any double voting by regional economic integration organizations and their member States, that is, regional economic integration organizations may never vote in addition to their member States which are party to the Convention or relevant protocol, and vice versa.

(*) The Conference agreed that the declarations contained in paragraphs 1 to 3, as submitted on 21 March 1985, and the declarations contained in paragraphs 4 and 5, as submitted on 22 March 1985, should be appended to the Final Act.