Treaties and International Law

Beijing Amendment to the 1987 Montreal Protocol on Substances that Deplete the Ozone Layer, adopted at the Eleventh Meeting of the Parties in December 1999

National Interest Analysis

Date of Proposed Binding Treaty Action

There is no specific date set for ratification but it is proposed that ratification be effected as soon as practicable after Parliament has completed its consideration of the Amendment, and the necessary regulations are in place. After ratification New Zealand will become bound by the Amendment only once it enters into force. The Amendment will enter into force on 1 January 2001, provided at least twenty Parties to the Montreal Protocol have ratified it, or on the ninetieth day following the date on which a total of twenty Parties have ratified.

Reasons for New Zealand to become a Party to the Treaty

Early ratification of the Beijing Amendment would signal New Zealand’s continuing commitment to the Montreal Protocol and the international ozone regime.

The 1987 Montreal Protocol on Substances that Deplete the Ozone Layer binds member Parties to agreed strategies to protect the ozone layer. The 1999 Beijing Amendment to the Montreal Protocol tightens controls on hydrochlorofluorocarbons (HCFCs) - a significant ozone-depleting substance, introduces controls on bromochloromethane (BCM) - a lesser used ozone-depleting substance, and enhances reporting requirements. One objective of the Amendment is to encourage countries that have not yet ratified earlier Amendments to do so.

Advantages and Disadvantages to New Zealand of the Treaty Entering Into Force

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The entry into force of the Beijing Amendment will benefit New Zealand both by strengthening the international ozone regime (and thereby enhancing the recovery of the ozone layer), and by confirming international commitment to the ozone regime. New Zealand is particularly vulnerable to the effects of ozone depletion, and relies on an effective international response.

As indicated below, there are not expected to be any significant disadvantages associated with the entry into force of the Beijing Amendment.

Obligations

New Zealand would be required to:

1. ban the import and export of HCFCs to or from non-Parties to the Copenhagen Amendment to the Montreal Protocol, to take effect from 1 January 2004
2. freeze production of HCFCs at 1989 levels, to take effect from 1 January 2004
3. ban the consumption of BCM from 1 January 2002
4. ban the import or export of BCM to or from non-Parties to the Beijing Amendment to the Montreal Protocol, to take effect within one year of the date of entry into force of the Beijing Amendment
5. report annually to the Ozone Secretariat the quantity of methyl bromide used for quarantine and preshipment purposes

Economic, Social, Cultural, and Environmental Effects

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The economic impact of the obligations is negligible. Specifically:

• Implications of HCFC trade ban: New Zealand does not import HCFCs from non-Parties, and consultation with users of HCFCs has revealed no opposition to the trade ban. New Zealand exports a small quantity of HCFCs to Pacific Island countries (PICs), some of which are currently non-Parties to the Copenhagen Amendment. If by 2004 the recipient countries have not yet ratified the Copenhagen Amendment this trade would be prohibited. New Zealand exporters have been consulted and do not oppose the trade ban. Fisher & Paykel advise that refrigerators made before 1994 shipped to some PICs will need HCFCs for occasional servicing. Although such refrigerators will be outside the firm’s normal five year warranty there may still be expectations that they are responsible for continued servicing. New Zealand has informed Pacific Island countries of the trade ban and urged them to ratify the Copenhagen Amendment prior to 2004. Funding has been made available through New Zealand’s Official Development Assistance (NZODA) programme to assist these countries to undertake and implement ozone obligations.
• Implications of HCFC production freeze: New Zealand does not produce HCFCs and production is already banned. The production freeze therefore has no direct effects on New Zealand. In addition, the freeze is not expected to have a significant effect on global HCFC prices.
• Implications of BCM controls: The one known user is on the point of phasing out. Groups who might consider using bromochloromethane as a fire extinguishant and explosion suppressant have been consulted, and no concerns have been raised about the proposal.
• Implications of enhanced reporting: New Zealand already compiles the required information and has been reporting on a voluntary basis. No new procedures are required.

Ratification of the Beijing Amendment does not raise cultural or social issues for New Zealand. The environmental benefits of ratification are set out in the sections above.

Costs

The administrative and business compliance costs are negligible. The Amendment to the Protocol is not expected to result in any material change in practice.

Future Protocols

Further Amendments to the Montreal Protocol are considered unlikely, though not impossible, within the next five years.

Implementation

Regulations will be required under the Ozone Layer Protection Act 1996. These will be drafted and put in place prior to New Zealand’s ratification of the Beijing Amendment.

Consultation

The Ministry of Agriculture and Forestry, the Air Force, importers, exporters and producer groups have been consulted about the proposed changes that affect their respective interests. No serious concerns have been raised about the proposed changes.

Withdrawal or Denunciation

Article 19 of the Montreal Protocol provides for Parties to withdraw by giving notice in writing after four years of participation. The withdrawal takes effect twelve months after the notice in writing, or at a later date specified by the Party. There is no specific provision for withdrawal from the Beijing Amendment to the Montreal Protocol.

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