{
  "url": "https://openlegislation.uk/eu-decision-1991-690/annex-n1/division-1/division-P",
  "json_url": "https://openlegislation.uk/eu-decision-1991-690/annex-n1/division-1/division-P.json",
  "legislation": "eudn/1991/690",
  "legislation_title": "Council Decision of 12 December 1991 concerning the conclusion of the amendment to the Montreal Protocol on substances that deplete the ozone layer as adopted in June 1990 in London by the Parties to the Protocol (91/690/EEC)",
  "legislation_url": "https://openlegislation.uk/eu-decision-1991-690",
  "path": "annex/n1/division/1/division/P",
  "kind": "division",
  "number": "P",
  "heading": "Article 5: Special situation of developing countries",
  "text": "Article 5 of the Protocol shall be replaced by the following:\n‘1. Any Party that is a developing country and whose annual calculated level of consumption of the controlled substances in Annex A is less than 0,3 kilograms per capita on the date of the entry into force of the Protocol for it, or any time thereafter until 1 January 1999, shall in order to meet its basic domestic needs, be entitled to delay for 10 years its compliance with the control measures set out in Articles 2 A to 2 E.\n2. However, any Party operating under paragraph 1 of this Article shall exceed neither an annual calculated level of consumption of the controlled substances in Annex A of 0,3 kilograms per capita nor an annual calculated level of consumption of the controlled substances of Annex B of 0,2 kilograms per capita.\n3. When implementing the control measures set out in Articles 2 A to 2 E, any Party operating under paragraph 1 of this Article shall be entitled to use:\n(a) for controlled substances under Annex A, either the average of its annual calculated level of consumption for the period 1995 to 1997 inclusive or a calculated level of consumption of 0,3 kilograms per capita, whichever is the lower, as the basis for determining its compliance with the control measures;\n(b) for controlled substances under Annex B, the average of its annual calculated level of consumption for the period 1998 to 2000 inclusive or a calculated level of consumption of 0,2 kilograms per capita, whichever is the lower, as the basis for determining its compliance with the control measures.\n4. If a Party operating under paragraph 1 of this Article, at any time before the control measures obligations in Article 2 A to 2 E become applicable to it, finds itself unable to obtain an adequate supply of controlled substances, it may notify this to the Secretariat. The Secretariat shall forthwith transmit a copy of such notification to the Parties, which shall consider the matter at their next meeting, and decide upon appropriate action to be taken.\n5. Developing the capacity to fulfil the obligations of the Parties operating under paragraph 1 of this Article to comply with the control measures set out in Articles 2 A to 2 E and their implementation by those same Parties will depend upon the effective implementation of the financial cooperation as provided by Article 10 and transfer of technology as provided by Article 10 A.\n6. Any Party operating under paragraph 1 of this Article may, at any time, notify the Secretariat in writing that, having taken all practicable steps it is unable to implement any or all of the obligations laid down in Articles 2 A to 2 E due to the inadequate implementation of Articles 10 and 10 A. The Secretariat shall forthwith transmit a copy of the notification to the Parties, which shall consider the matter at their next meeting, giving due recognition to paragraph 5 of this Article and shall decide upon appropriate action to be taken.\n7. During the period between notification and the meeting of the Parties at which the appropriate action referred to in paragraph 6 above is to be decided, or for a further period if the meeting of the Parties so decides, the non-compliance procedures referred to in Article 8 shall not be invoked against the notifying Party.\n8. A meeting of the Parties shall review, not later than 1995, the situation of the Parties operating under paragraph 1 of this Article, including the effective implementation of financial cooperation and transfer of technology to them, and adopt such revisions that may be deemed necessary regarding the schedule of control measures applicable to those Parties.\n9. Decisions of the Parties referred to in paragraphs 4, 6 and 7 of this Article shall be taken accordning to the same procedure applied to decision-making under Article 10.’",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudn/1991/690/annex/n1/division/1/division/P",
    "retrieved_at": "2026-11-01T15:19:51.372439+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}