12 February 1993
S Featherstone Esq
UKRep Brussels
MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE LAYER
1.
Following an impasse at the Meeting of Parties in Copenhagen
last November, we now need to decide how to take forward the
vexed issue of application of the Protocol to Taiwan. We have
concluded (background papers attached) that the most sensible
approach would be to persuade Community partners and the
Commission to adopt the US interpretation. I should be grateful
for your advice on tactics on how to explore this with the
Commission and advise on tactics.
2. You have previously reported (UKREP telno 756) the Commission view that Taiwan is a non-party (under EC Regulation 594/91, which refers to control of trade with "non parties"). We have
taken the view in advice given to Hong Kong that CFC trade with
Taiwan is not excluded by the terms of the Protocol (Annex 4 of
the Protocol refers to control of trade with "any State not
party") as it is not a State and therefore outside the scope of
the Protocol.
3.
In the margins at Copenhagen we explored, with EC partners and other key players, two possible solutions aimed at achieving effective application of the Protocol to Taiwan in a way that would not prejudice cur position on its legal status:
i)
the Parties reach a decision under Article 11, paragraph
4 (j) which permits the Meeting of Parties to consider and
undertake any additional action that may be required for the
achievement of the purposes of the Protocol,