TNAG-2810-FCO40-4055-Future-of-Hong-Kong-International-Rights-and-Obligations-(IR-1993 — Page 69

4 March 1993

Mrs S Hogwood

ESED

FCO

Mr Bunten.

ла

03115

RECEIVED IN

MAL 1993

DESK C

Dear Sue

INDEX

R

PA

REC

United Kingdom

16

Permanent Representation

To the European Communities

Rond-Point Robert Schuman 6

1040 Brussels

Telephone: (02) 287 82 11

Telex: 24312

Facsimile: (02) 287 83 98

DID: (02) 287

MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE LAYER: TAIWAN

1. Thank you for your very clear letter of 18 February asking us to take preliminary soundings with DGXI about a possible amendment to the ozone depleting substances Regulation to deal with the problem of Taiwan. I have spoken to both George Strongylis and José Hostert in the section of DGXI responsible for drafting the revised Regulation. They have also been lobbied by industrial companies. The result has been that DGXI are proposing to modify the wording in the provisions relating to trade to read "State not Party" rather than "non-Party". They do not intend to change the definitions in the Regulation as such (e.g. of "Parties"), which they believe correspond closely to the Montreal Protocol itself.

2.

Without seeing the text of the Commission proposal, it is difficult to be sure that the changes which the Commission have proposed will (as Hostert believes) be sufficient to meet your concerns. We should get sight of the text reasonably soon, since it is currently being translated with a view to it being adopted by the Commission by written procedure before the 22 March Council. In theory, we could get one of the British Cabinets to propose changes at that stage, though this would mean blocking the written procedure and possibly delaying the submission of the document to Council. Since the Presidency are keen to have the proposal introduced as a formal item on the Council agenda, it would be unfortunate if the UK were perceived to have thwarted these plans.

3.

My recommendation, therefore, is that we

is that we should let the proposal emerge,

emerge, and try to make any additional changes that may be necessary within the Council working group. The fact that the Commission have already begun to address the problem, should give us sufficient locus to suggest any further refinements.

4. As for the agreement by the Commission and other Member States that the correct interpretation of the Protocol is that Taiwan should not be subject to trade controls, the most obvious forum in which to pursue this is the Environment working group in the context of discussions on the new