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[Senate Treaty Document 106-10]
[From the U.S. Government Printing Office]



106th Congress 
 1st Session                     SENATE                     Treaty Doc.
                                                                 106-10
_______________________________________________________________________

                                     



 
                  1997 AMENDMENT TO MONTREAL PROTOCOL

                               __________

                                MESSAGE

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

AMENDMENT TO THE MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE 
LAYER (THE ``MONTREAL PROTOCOL''), ADOPTED AT MONTREAL ON SEPTEMBER 15-
 17, 1997, BY THE NINTH MEETING TO THE PARTIES TO THE MONTREAL PROTOCOL




September 16, 1999.--Treaty was read the first time, and together with 
the accompanying papers, referred to the Committee on Foreign Relations 
          and ordered to be printed for the use of the Senate

                                 ______

                    U.S. GOVERNMENT PRINTING OFFICE
69-118                      WASHINGTON : 1999



                         LETTER OF TRANSMITTAL

                              ----------                              

                               The White House, September 16, 1999.
To the Senate of the United States:
    I transmit herewith, for the advice and consent of the 
Senate to ratification, the Amendment to the Montreal Protocol 
on Substances that Deplete the Ozone Layer (the ``Montreal 
Protocol''), adopted at Montreal on September 15-17, 1997, by 
the Ninth Meeting of the Parties to the Montreal Protocol. The 
report of the Department of State is also enclosed for the 
information of the Senate.
    The principal features of the 1997 Amendment, which was 
negotiated under the auspices of the United Nations Environment 
Program (UNEP), are the addition of methyl bromide to the 
substances that are subject to trade control with non-Parties; 
and the addition of a licensing requirement for import and 
export of controlled substances. The 1997 Amendment will 
constitute a major step forward in protecting public health and 
the environment from potential adverse effects of stratospheric 
ozone depletion.
    By its terms, the 1997 Amendment was to have entered into 
force on January 1, 1999, provided that at least 20 states had 
deposited their instruments of ratification, acceptance, or 
approval. However, because this condition was not met until 
August 12, 1999, the 1997 Amendment will enter into force on 
November 10, 1999.
    I recommend that the Senate give early and favorable 
consideration to the 1997 Amendment to the Montreal Protocol 
and give its advice and consent to ratification.
                                                William J. Clinton.
                          LETTER OF SUBMITTAL

                              ----------                              

                                       Department of State,
                                    Washington, September 10, 1999.
The President,
The White House.
    The President: I have the honor to submit to you the 
Amendment to the Montreal Protocol on Substances that Deplete 
the Ozone Layer (``Montreal Protocol''), adopted at Montreal 
September 15-17, 1997, by the Ninth Meeting of the Parties to 
the Montreal Protocol. I recommend that the Amendment be 
transmitted to the Senate for its advice and consent to 
ratification.
    The Montreal Protocol on substances that Deplete the Ozone 
Layer is part of the United Nations Environment Program. The 
Montreal Protocol, which the United States ratified in 1988, is 
the most important international instrument for the protection 
of an essential component of the global environment, the 
stratospheric ozone layer. United States leadership in 
protecting the ozone layer, besides being critical to the 
success of this global environmental endeavor, works to 
safeguard our public health.
    The gradual loss of the stratospheric ozone layer, which 
the Montreal Protocol seeks to reverse, has been causally 
linked to, for instance, a higher incidence of skin cancers and 
cataracts and abnormalities in the animal kingdom.
    A multilateral regime such as that provided by the Montreal 
Protocol is necessary to control emissions of ozone-depleting 
substances because such emissions anywhere could affect the 
ozone layer globally. The Amendment to the Montreal Protocol 
adopted in 1997 will, when implemented, institute another major 
step forward in protecting public health and the environment 
from potential adverse effects of stratospheric ozone 
depletion.
    This is the third Amendment to the Montreal Protocol; the 
first Amendment (the London Amendment), to which the United 
States is a party, entered into force on August 10, 1992. The 
second Amendment (the Copenhagen Amendment), to which the 
United States is also a party, entered into force on June 14, 
1994.
    The 1997 Amendment is the product of several months of 
negotiations under the auspices of the United Nations 
Environment Program. During the negotiations, the Department of 
State coordinated with all relevant federal agencies and 
consulted closely with Congress, industry, and environmental 
groups.
    The principal features of the 1997 Amendment are the 
expansion of trade controls to include methyl bromide and the 
addition of a licensing requirement for trade in certain 
controlled substances.
    The trade provisions of the Montreal Protocol (Article 4) 
would be amended to treat methyl bromide in the same manner as 
other substances already controlled, that is, there would be a 
ban on trade in methyl bromide between a Party and a non-Party.
    The licensing provision will require each Party to have in 
place a system for licensing the import and export of all new, 
used, recycled, and reclaimed controlled substances under the 
Montreal Protocol.
    The main intent of the trade ban with non-Parties is to 
minimize, if not thwart, the possibility that States which are 
not bound by compliance obligations regarding methyl bromide 
could gain a competitive advantage over Montreal Protocol 
Parties who are bound. The licensing provision will support 
world law enforcement efforts to diminish any illegal trade in 
controlled substances.
    The United States has the legal authority to implement its 
obligations under the 1997 Amendment under Title 6 of the Clean 
Air Act, as amended (including, e.g., sections 604, 605, 606, 
614 and 615).
    By its terms, the 1997 Amendment was to have entered into 
force on January 1, 1999, provided that at least twenty States, 
party to the Montreal Protocol, had deposited their instruments 
of ratification, acceptance or approval. However, because 
twenty States had not indicated their consent to be bound until 
August 12, 1999, the Amendment will enter into force for those 
States on November 10, 1999. In accordance with Article 2 of 
the 1997 Amendment, no State or regional economic organization 
may deposit an instrument of ratification, acceptance, approval 
or accession to the Amendment unless it has previously or 
simultaneously become party to the Copenhagen Amendment.
    Ratification by the United States is important to 
demonstrate to the rest of the world our commitment to 
protection and preservation of the stratospheric ozone layer. 
Our ratification will also encourage the wide participation 
necessary for the full realization of the 1997 Amendment's 
goals. Ratification of the 1997 Amendment is consistent with 
the U.S. foreign policy and our environmental and economic 
interests.
    The Department of State recommends that the 1997 Amendment 
to the Montreal Protocol be submitted to the Senate for advice 
and consent to ratification at an early date.
    Respectfully submitted,
                                               Thomas R. Pickering.