TNAG-2810-FCO40-4055-Future-of-Hong-Kong-International-Rights-and-Obligations-(IR-1993 — Page 106

18 February 1993

S Featherstone Esq UKRep Brussels

(By fax)

03115

RECEIVED IN REGISTRY

Foreign & Commonwealth

Office

London SWIA 2AH

Telephone: 071-

.396

DESK OFFICER

REGISTRY

INDEX

PA

Action Taken

270 3384

Dean Summon,

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 interpretation favoured by the State Department (Washington telno 709 to FCO of 1 April 1992). 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 advised Hong Kong that their CFC trade with was not excluded by the terms 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 our position on our non-recognition of Taiwan as a State:

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,

ii) the Parties reach an understanding on the interpretation of

Article 4 outside the context of the formal meeting.

4.

But Taiwanese action in elevating the issue through a public statement at Copenhagen, effectively put an end for the forseeable future to attempts to persuade all Parties, including the Chinese, to agree to applying the Protocol to Taiwan in a way that would ensure Taiwanese compliance and allow trading