TNAG-2810-FCO40-4055-Future-of-Hong-Kong-International-Rights-and-Obligations-(IR-1993 — Page 77

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ANNEX A

MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE LAYER

1.

Hong Kong wish to submit data to demonstrate their compliance with the Protocol in order to be deemed a Party, and therefore not subject to trade controls after 10 August this year. There are three questions to be answered: A. What data is required?; B. Has Hong Kong provided it?; and C. Do Hong Kong comply with the provisions?

A. What data is required?

2.

Decision IV/7 C (Application of trade measures under Article 4 to non-Parties to the Protocol) requires those States not party to the Protocol, but who wish to be treated as such, to notify the Secretariat that they are in full compliance with Articles 2, 2A to 2E and Article 4, and to submit supporting data to that effect as specified in Article 7. Looking at the relevant articles it would seem to me that the data in the following paragraphs has to be furnished.

3.

a)

CFCS 11, 12, 113, 114, 115

Production, import and export data for 1986;

b) Production, import and export data for 1 July 1989 to 30 June 1990 which shows production and consumption no higher than they were in 1986 (freeze). Export data should be broken down into that to Parties and non-Parties;

c)

As b) above for the year 1 July 1990 to 30 June 1991;

d) Production, import and export data for the period 1 July 1991 to 31 December 1992 which shows production and consumption to be 150% (or less) of what it was in 1986. Export data broken down as in b) above.

e)

Data to show that, since 1 January 1990, no substances have been imported from non-Parties.

4.

a)

Halons

Production, import and export data for 1986;

b) Production, import and export data for 1 January 1992 to 31 December 1992 which shows production and consumption no higher than they were in 1986 (freeze). Export data should be broken down into that to Parties and non-Parties;

c) Data to show that, since 1 January 1990, no substances have been imported from non-Parties.

Other fully halogenated CFCs, carbon tetrachloride, 1,1,1 trichloroethane and HCFCs

5.

a)

Production, import and export data for 1 January 1989 to 31 December 1989. Export data should be broken down into that to Parties and non-Parties.