TNAG-2810-FCO40-4055-Future-of-Hong-Kong-International-Rights-and-Obligations-(IR-1993 — Page 60

CODE 18-77

Reference

03115

RECEIVED ST

DESK C

INDEX

JUN 1993

¡STRY

REGISTRY

Action Taken

Reference: EDP 262/1

Ms J Barrett Legal Advisers

a the ozone laye

MONTREAL PROTOCOL: TAIWAN

1.

Earlier this year we asked UKRep Brussels to obtain the agreement of the Commission, and other Member States, that the correct interpretation of Article 4 of the Montreal Protocol and Articles 5 - 9 of EC Regulation 594/91 is that Taiwan is not subject to trade controls. We also asked them to encourage the Commission to use the Protocol wording "any State not party" rather than "non-parties" when drafting the revised EC Regulation.

2.

-

The Commission have recently issued a draft Regulation (copy attached) to consolidate the existing Regulation and implement the Amendments agreed at Copenhagen within the Community. Article 2 (flag A) contains the list of definitions, Articles 8 12 (flag B) contain the trade provisions. The term "Party" is defined somehat differently than in Regulation 594/91, and both the terms "non-parties" and "any State not Party" are used in the text. I am not clear whether the Regulation as currently drafted corresponds sufficiently closely to the wording of the Protocol and can therefore be similarly interpreted. I should be grateful for your views by close of play 25 June.

3. If, in your view, the wording is not acceptable we will need to ask Simon Featherstone to seek any amendments in discussions within the Council or Environment working groups.

aurogroood

Mrs S E Hogwood

Environment, Science and Energy Department

4M203

210-0433

17 June 1993

CC: Ms Painting, FED

Mr Bunten, HKD

Ms Godfrey, GA3, DOE

Ms Lamont, Envt Divn, DTI

Mr Featherstone, UKRep Brussels

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