J UNCLASSIFIED U S Department of State Case No F-2008-03441 Doc No C17575153 Date 12 20 2016 IRELEASE IN FULLI PAGE 01 ORIGIN OES-09 STATE INFO COPY-01 ADS-OO AID-OO INR-10 EUR-OO SS-OO AF-OO ClAE-OO EB-OO DINT-05 DODE-OO H-01 NEA-04 NSCE-OO NSF-02 ARA-OO NSAE-OO COME-OO L-03 PM-10 EAP-OO CIP-08 AIT-02 EPAE-04 ACDA-12 USIE-OO DOEE-OO CEQ-01 C-01 PRS-01 T-01 107 R LOG-OO OIC-02 IO-19 HA-09 INRE-OO P-02 319737 DRAFTED BY OES ENV SBUTCHER DAH APPROVED BY OES JDNEGROPONTE OES E WANITZE OES ENV ADSENS OES SCT RPOST NEA RA SAOKI NEA INS DCAMP NEA PAB MLINTON EAP RA LMCNUTT EUR RPE WMCLEESE ARA ECP MQUINN AF FA JGARDNER EPA OIA BLONG L OES DKENNEDY AIT DANIEL KIANG ------------------155620 140544Z 23 R 140410Z OCT 87 ZEX FM SECSTATE WASHDC TO ALL DIPLOMATIC POSTS INFO AIT TAIPEI FROM AIT WASHDC 0000 REVIEW AUTHORITY Theodore XMT MBASSY SUVA Sellin Senior Reviewer USINT HAVANA UNCLAS STATE 319737 NAIROBI ALSO FOR UNEP PERMREP BRUSSELS ALSO FOR USEC E O 12356 N A TAGS SENV ETRD UNEP SUBJECT MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE LAYER UNCLASSIFIED PAGE 02 STATE 319737 REF MONTREAL 3063 NOTAL 1 SUMMARY THE MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE LAYER WAS ADOPTED ON SEPTEMBER 16 1987 IN THIS HISTORIC AGREEMENT THE INTERNATIONAL COMMUNITY ADDRESSES A SERIOUS THREAT TO A VITAL GLOBAL RESOURCE ACTION REQUESTED ALL ADDRESSEES ARE UNCLASSIFIED U S Department of State Case No F-2008-03441 Doc No C17575153 Date 12 20 2016 E 78 UNCLASSIFIED U S Department of State Case No F-2008-03441 Doc No C17575153 Date 12 20 2016 REQUESTED TO EXPRESS USG PLEASURE AT ADOPTION OF THIS AGREEMENT AND URGE HOST GOVERNMENTS TO BECOME PARTIES TO BOTH THE MONTREAL PROTOCOL AND THE VIENNA CONVENTION FOR THE PROTEC ION OF THE OZONE LAYER BEFORE THE END OF 1988 SEE PARAS 11-15 END SUMMARY 2 BACKGROUND THE PROTOCOL WAS NEGOTIATED UNDER THE AUSPICES OF THE UNITED NATIONS ENVIRONMENT PROGRAM ALL STATES WERE INVITED TO PARTICIPATE IN THE CONFERENCE WHICH ADOPTED THE PROTOCOL AND ALL STATES ARE ELIGIBLE TO BECOME PARTIES TO THE PROTOCOL THE BROADEST POSSIBLE PARTICIPATION IN THE PROTOCOL IS IMPORTANT TO ITS EFFECTIVENESS -- BECAUSE OF THE LONG ATMOSPHERIC LIFETIME OF THE CHEMICALS EMISSIONS ANYWHERE AFFECT THE OZONE LAYER OVER THE ENTIRE GLOBE AND OVER MANY DECADES THUS IT IS IMPORTANT THAT BOTH MAJOR CURRENT PRODUCERS USERS AND COUNTRIES WHICH DO NOT NOW PRODUCE OR USE SIGNIFICANT QUANTITIES PARTICIPATE IN ESTABLISHING A GLOBAL REGIME TO DEAL WITH THE PROBLEM VIRTUALLY UNIVERSAL PARTICIPATION WOULD OBVIATE THE PROSPECT OF EXPANDED PRODUCTION BY NON-PARTY POLLUTION HAVENS 3 THE PROTOCOL REQUIRES A FREEZE AND SUBSEQUENT SIGNIFICANT REDUCTIONS OF TWENTY PERCENT BY 1994 AND OF FIFTY PERCENT BY 1999 IN USE OF CFC'S 11 12 113 114 UNCLASSIFIED PAGE 03 STATE 319737 AND 115 AND A FREEZE ON HALONS 1211 1301 AND 2402 THESE MEASURES WILL BE PERIODICALLY REASSESSED BY THE PARTIES ON THE BASIS OF DEVELOPING SCIENTIFIC ENVIRONMENTAL ECONOMIC AND TECHNICAL INFORMATION THE PROTOCOL WILL ALSO BAN IMPORTS FROM NON-PARTIES OF THE CONTROLLED SUBSTANCES AND PRODUCTS CONTAINING THE SUBSTANCES POSSIBLY BAN OR RESTRICT IMPORTS FROM NON-PARTIES OF PRODUCTS MADE WITH EVEN IF NOT CONTAINING THE SUBSTANCES AND PROHIBIT FINANCIAL ASSISTANCE TO NON-PARTIES FOR PRODUCING THE SUBSTANCES THE PROTOCOL IS GATT-CONSISTENT A USTR PAPER WILL BE SENT TO ALL ADDRESSEES FOR YOUR USE SHOULD GOVERNMENT RAISE GATT CONCERNS 4 A TEN YEAR GRACE PERIOD IS ALLOWED FOR LOW-CONSUMING UNDER 3 KG PER CAPITA CONSUMPTION DEVELOPING COUNTRIES TO ENCOURAGE BROAD PARTICIPATION AND TO ALLOW FLEXIBILITY FOR THE DEVELOPING COUNTRIES DURING THE TRANSITION PERIOD UNTIL ADDITIONAL SUBSTITUTE CHEMICALS ARE DEVELOPED AND COMMERCIALLY AVAILABLE IN ADDITION UNCLASSIFIED U S Department of State Case No F-2008-03441 Doc No C17575153 Date 12 20 2016 UNCLASSIFIED U S Department of State Case No F-2008-03441 Doc No C17575153 Date 12 20 2016 PRODUCTION SOMEWHAT ABOVE CONSUMPTION IS ALLOWED IN ORDER TO PROVIDE FOR CONTINUED SUPPLY TO DEVELOPING COUNTRIES 5 THE CONTROLLED CHEMICALS ARE WIDELY USED IN AEROSOLS BANNED 'IN THE U S SINCE 1978 REFRIGERATION AND AIR CONDITIONING FOAM-BLOWING AND AS SOLVENTS IN THE ELECTRONICS INDUSTRY THE PROTOCOL IS DESIGNED TO PROVIDE A STRONG INCENTIVE FOR DEVELOPMENT AND USE OF ALTERNATIVE CHEMICALS INCLUDING LESS-DEPLETING OR NON-DEPLETING CFCS AND PROCESSES E G RECYCLING AT THE SAME TIME IT ALLOWS ADEQUATE TIME FOR ADJUSTMENT PARTICULARLY FOR DEVELOPING COUNTRIES 6 THE PROTOCOL SETS A TARGET DATE OF JANUARY 1 1989 FOR ENTRY INTO FORCE WITH THE FREEZE TO BEGIN JULY 1 'UNCLASS IFIED PAGE 04 STATE 319737 1989 THIS REFLECTS CONSENSUS WHICH US STRONGLY 'SUPPORTS THAT IT IS NECESSARY TO BEGIN MEASU S TO LIMIT EMISSIONS AS SOON AS POSSIBLE BUT IS A TIGHT SCHEDULE TO ACHIEVE THIS STATES WILL HAVE TO BEGIN THEIR RATIFICATION AND IMPLEMENTATION PROCEDURES NOW IN THE UNITED STATES WHERE SUPPORT FOR THE PROTOCOL IS STRONG THESE PROCEDURES WILL TAKE SEVERAL MONTHS WE EXPECT THIS WILL BE THE CASE IN MOST OTHER COUNTRIES AND THEREFORE REQUEST EMBASSIES TO URGE HOST GOVERNMENTS TO BEGIN THE PROCESS NOW FYI -- AN ENVIRONMENTAL IMPACT STATEMENT MUST BE SUBMITTED TO THE SENATE WITHIN THIRTY DAYS OF TRANSMITTAL OF THE PROTOCOL FROM THE PRESIDENT TO THE SENATE FOR ITS ADVICE AND CONSENT TO RATIFICATION IT IS NOW BEING PREPARED AND IS TO BE COMPLETED IN EARLY JANUARY THE U S DOMESTIC RULEMAKING PROCESS IS WELL UNDERWAY - A PROPOSED RULE WILL BE ISSUED IN DECEMBER 1987 AND A FINAL RULE IN AUGUST 1988 - WHICH WILL PUT IN PLACE THE MECHANISMS NECESSARY FOR U S IMPLEMENTATION OF THE PROTOCOL BY JANUARY 1 1989 THE DATE SPECIFIED IN THE PROTOCOL FOR ENTRY INTO FORCE 7 TO ENSURE THAT THE ECONOMIC BURDEN OF THE CONTROLS IS EQUITABLY SHARED AMONG CURRENT MAJOR USERS OF THE CHEMICALS THE PROTOCOL WILL ONLY ENTER INTO FORCE WHEN ELEVEN COUNTRIES REPRESENTING TWO-THIRDS OF GLOBAL CONSUMPTION HAVE RATIFIED THE AGREEMENT WE HOPE THAT MANY OTHER COUNTRIES WILL ALSO RATIFY DURING 1988 REFLECTING THE RESPONSIBILITY OF ALL NATIONS TO TAKE THESE JOINT MEASURES COOPERATIVELY BROAD ADHERENCE DURING 1988 WILL ALSO ENSURE THAT THE FIRST MEETING OF UNCLASSIFIED U S Department of State Case No F-2008-03441 Doc No C17575153 Date 12 20 2016 UNCLASSIFIED U S Department of State Case No F-2008-03441 Doc No C17575153 Date 12 20 2016 PARTIES WHICH WILL TAKE A NUMBER OF IMPORTANT DECISIONS UNDER THE PROTOCOL WILL BE BROADLY REPRESENTATIVE AND THAT THE NECESSITY TO IMPOSE THE PROTOCOL'S TRADE UNCLASSIFIED PAGE 05 STATE 319737 RESTRICTIONS WILL BE MINIMIZED 8 TWENTY-FOUR COUNTRIES PLUS THE EEC SIGNED THE PROTOCOL AT MONTREAL BELG IUM CANADA DENMARK EGYPT FINLAND FRANCE FRG GHANA ITALY JAPAN KENYA MEXICO NETHERLANDS NEW ZEALAND NORWAY PANAMA PORTUGAL SENEGAL SWEDEN SWITZERLAND TOGO UK US VENEZUELA EEC OTHER DELEGATES E G USSR AUSTRALIA INDICATED THEY EXPECT THEIR GOVERNMENTS TO SIGN AND RATIFY FOLLOWING COUNTRI S PARTICIPATED IN MONTREAL BUT DID NOT IMMEDIATELY SIGN THE PROTOCOL ALGERIA ARGENTINA AUSTRALIA AUSTRIA BRAZIL BURKINA FASO BYELORUSSIAN SSR CHILE CHINA COLOMBIA CONGO COSTA RICA CZECHOSLOVAKIA DEMOCRATIC YEMEN GREECE INDONESIA ISRAEL REPUBLIC OF KOREA LUXEMBOURG MALAYSIA MAURITIUS MOROCCO NIGERIA PERU PHILIPPINES SPAIN THAILAND TUNISIA UGANDA UKRANIAN SSR USSR OBSERVERS ATTENDED FROM DOMINICAN REPUBLIC ECUADOR HUNGARY INDIA KUWAIT POLAND 9 YOU SHOULD ALSO BE AWARE THAT TWO WEEKS AFTER ADOPTION OF THE PROTOCOL ON SEPTEMBER 30 1987 PRELIMINARY FINDINGS OF THE CAMPAIGN TO STUDY THE SPRINGTIME DEPLETION OF OZONE OVER THE ANTARCTIC WERE RELEASED THE ABUNDANCE OF OZONE IN AUGUST AND SEPTEMBER 1987 WAS LOWER THAN ANY PREVIOUS YEAR AT ALL LATITUDES SOUTH OF 60 DEGREES IN MID-SEPTEMBER COLUMN OZONE WAS APPROXIMATELY FIFTEEN PERCENT LOWER THAN THE LOWEST PREVIOUS YEAR 1985 THE EVIDENCE STRONGLY SUGGESTS THAT BOTH CHEMICAL AND METEOROLOGICAL MECHANISMS PERTURBED THE OZONE A MORE COMPLETE AND FINAL INTERPRETATION OF THE ANTARCTIC FINDINGS WILL BE FORTHCOMING IN ABOUT SIX MONTHS ALSO A NASA NOAA REVIEW OF GLOBAL MEASUREMENTS WILL BE COMPLETED LATE THIS YEAR BOTH THESE DOCUMENTS WILL CONTRIBUTE TO THE 1989 UNCLASSIFIED PAGE 06 STATE 319737 SCIENTIFIC ASSESSMENT CALLED FOR IN THE PROTOCOL FOR CONSIDERATION BY THE PARTIES IN THEIR FIRST REVIEW OF THE PROTOCOL'S PROVISIONS WE BELIEVE THAT AS NOTED BY ONE UNCLASSIFIED U S Department of State Case No F-2008-03441 Doc No C17575153 Date 12 20 2016 UNCLASSIFIED U S Department of State Case No F-2008-03441 Doc No C17575153 Date 12 20 2016 OF THE SCIENTISTS ON THE ANARCTIC AIRBORNE EXPEDITION DR JAMES ANDERSON OF HARVARD UNIVERSITY IN COMMENTING ON THE PRELIMINARY ANTARCTIC FINDINGS THE MONTREAL ACCORDS ARE PROPERLY CAST TO HANDLE OUR PRESENT UNDERSTANDING AND ADJUST TO ADVANCES IN OUR FUTURE UNDERSTANDING 'I THE NASA NOAA NSF CMA FACT SHEET ON THE PRELIMINARY ANTARCTIC FINDINGS WILL BE POUCHED TO ALL ADDRESSEES 10 TEXTS OF MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE LAYER VIENNA CONVENTION FOR THE PROTECTION OF THE OZONE LAYER THE GATT PAPER MENTIONED IN PARA 3 AND THE ANTARCTIC FACT SHEET WILL BE POUCHED TO ALL ADDRESSEES END BACKGROUND 11 ACTION REQUESTED FOR ALL ADDRESSEES DRAWING ON ABOVE BACKGROUND AND FOLLOWING TALKING POINTS AS APPROPRIATE TO HOST COUNTRY SITUATION PLEASE EXPRESS USG SUPPORT FOR THE MONTREAL PROTOCOL URGE HOST GOVERNMENT TO BEGIN PROCEDURES FOR RATIFICATION AND IMPLEMENTATION OF THE PROTOCOL AND MONITOR AND REPORT ON PROGRESS IN THE COMING MONTHS WE URGE AMBASSADOR TO SEEK OPPORTUNITIES TO EXPRESS USG INTEREST AT THE POLITICAL LEVEL E G WITH ENVIRONMENT TRADE AND FOREIGN MINISTERS FOR CANBERRA E G CANBERRA 9079 TALKING POINTS ALL COUNTRIES SHARE A RESPONSIBILITY TO PROTECT THE EARTH FROM INCREASED ULTRAVIOLET RADIATION UNCLASSIFIED PAGE 07 STATE 319737 IN THE PROTOCOL ADOPTED LAST MONTH CURRENT LARGE USERS OF OZONE-DEPLETING CHEMICALS ACCEPTED DEEP CUTS THE PROTOCOL PROVIDES SPECIAL PROVISIONS FOR DEVELOPING COUNTRIES TO ALLOW THEM FLEXIBILITY DURING THE TRANSITION PERIOD UNTIL ADDITIONAL SUBSTITUTE CHEMICALS ARE AVAILABLE RATIFICATION NOW BY ALL NATIONS IS IMPORTANT TO PUT IN PLACE A GLOBAL REGIME TO ADDRESS A GLOBAL PROBLEM FOR CHINA INDIA NIC'S ETC IT IS ESSENTIAL TO THE PROTOCOLIS EFFECTIVENESS THAT COUNTRIES WITH SIGNIFICANT POTENTIAL FUTURE PRODUCTION USE SIGN AND RATIFY EVEN IF THEIR CURRENT LEVEL IS RELATIVELY LOW UNCLASSIFIED U S Department of State Case No F-2008-03441 Doc No C17575153 Date 12 20 2016 UNCLASSIFIED U S Department of State Case No F-2008-03441 Doc No C17575153 Date 12 20 2016 12 FOR CAPITALS OF NEWLY INDUSTRIALIZING COUNTRIES AND OTHERS WHERE PRODUCTION OF CONTROLLED SUBSTANCES EXISTS OR IS CONTEMPLATED PARTICIPATION BY NICS IN THE PROTOCOL IS PARTICULARLY IMPORTANT IN ORDER TO AVOID POLLUTION HAVENSII AND TO AVOID IMPOSITION OF THE PROTOCOL'S TRADE CONTROLS ON OUR TRADING PARTNERS WE APPRECIATE KUALA LUMPUR 7895 TUNISIAN DELEGATION INDICATED IN MONTREAL THAT TUNISIA PLANS TO BUILD A PLANT TO SUPPLY A REGIONAL MARKET ALL CAPITALS PLEASE REPORT ON PLANS FOR ESTABLISHMENT OR EXPANSION OF PRODUCTION FACILITIES ENSURE THAT THOSE INVOLVED IN SUCH PLANS ARE AWARE OF THE PROTOCOL'S IMPLICATIONS AND DISCOURAGE SUCH INVESTMENT IN LIGHT OF ENVIRONMENTAL AND ECONOMIC CONSIDERATIONS THE SHRINKING MARKET FOR THE CONTROLLED CHEMICALS AND THEIR PRODUCTS UNDER THE PROTOCOL 13 FOR ISLAMABAD AND NEW DELHI PLEASE DISCUSS THE ISSUE WITH HOST GOVERNMENT OFFICIALS BEFORE AMBASSADOR UNCLASSIFIED PAGE 08 STATE 319737 NEGROPONTE'S VISIT PROVIDE YOUR ASSESSMENT OF HOST GOVERNMENT AND INDUSTRY'S INTENTIONS AND HOW WE CAN BEST ENCOURAGE RATIFICATION AND ARRANGE OPPORTUNITIES IN NEGROPONTE'S SCHEDULE TO RAISE THE ISSUE WITH BOTH FOREIGN MINISTRIES AND MINISTRIES OF TRADE AND INDUSTRY THE PAKISTANIS HAVE NOT PARTICIPATED AT ALL IN THE OZONE PROTECTION NEGOTIATIONS AND THE INDIANS SENT ONLY A SILENT OBSERVER TO THE MONTREAL CONFERENCE THE GOI HAD NOT PARTICIPATED AT ALL IN PREVIOUS ROUNDS SEE ALSO PARA 12 14 FOR BEIJING PRC ENVIRONMENTAL PROTECTION BUREAU DIRECTOR QU GEPING GAVE EVERY INDICATION THAT THE PRC IS PLEASED WITH THE PROTOCOL INCLUDING ITS PROVISIONS FOR DEVELOPING COUNTRIES AND WILL SIGN AND RATIFY IN MONTREAL PRC DELEGATE WANG EXPRESSED APPRECIATION FOR INFORMATION EMBASSY HAS PROVIDED ON THE SUBJECT PLEASE URGE PROMPT SIGNATURE AND RATIFICATION AND PROVIDE YOUR ASSESSMENT OF WHETHER THERE ARE ANY SIGNIFICANT OBSTACLES AND HOW LONG SIGNATURE AND RATIFICATION ARE LIKELY TO TAKE SEE ALSO' PARA 12 15 FOR USEC AND EC CAPITALS USEC DELEGATE BRINKHORST EXPRESSED CONFIDENCE THAT ALL EC MEMBERS WOULD RATIFY THE PROTOCOL IN TIME TO PERMIT ENTRY INTO FORCE AS SCHEDULED JANUARY 1 1989 INDICATING THAT HE WOULD TAKE A STRONG ROLE IN SEEING THAT THE PROCESS MOVES FORWARD UNCLASSIFIED U S Department of State Case No F-2008-03441 Doc No C17575153 Date 12 20 2016 UNCLASSIFIED U S Department of State Case No F-2008-03441 Doc No C17575153 Date 12 20 2016 QUICKLY IN MONTREAL IT APPEARED THAT MUCH OF THE SORTING OUT OF ROLES BETWEEN THE COMMISSION AND THE MEMBER STATES REMAINED TO BE DONE WE WOULD APPRECIATE USEC AND EMBASSY ASSESSMENT OF THE EXTENT TO WHICH THE WILL AND FEASIBILITY EXISTS TO RATIFY IN TIME FOR ENTRY INTO FORCE JANUARY 1 1989 STRONG ENCOURAGEMENT OF UNCLASSIFIED PAGE 09 STATE 319737 EARLY RATIFICATION INFORMATION ON RATIFICATION PROCEDURES REQUIRED AND MONITORING AND REPORTING OF EC MEMBER COUNTRY DECISIONS ON HOW THEY WILL GO ABOUT IMPLEMENTING THEIR OBLIGATIONS 16 FOR MOSCOW THE SOVIET DELEGATION IN MONTREAL INDICATED THAT THEY EXPECT THE USSR TO SIGN AND RATIFY BUT THAT THE PROTOCOL NEEDED TO BE REVIEWED IN MOSCOW PLEASE URGE PROMPT SIGNATURE NOTING US EC AND JAPAN HAVE SIGNED AND RATIFICATION AND PROVIDE YOUR ASSESSMENT OF WHETHER THERE ARE ANY SIGNIFICANT OBSTACLES AND HOW LONG SIGNATURE AND RATIFICATION ARE LIKELY TO TAKE 17 FOR UNEP PERMREP PLEASE CONFIRM PARA 8 LIST OF MONTREAL SIGNATORIES WITH UNEP THERE WAS SOME CONFUSION ABOUT DENMARK AND WHEN WE CAN EXPECT TO RECEIVE A CERTIFIED COpy OF THE PROTOCOL NEEDED FOR TRANSMITTAL TO SENATE PLEASE ALSO OBTAIN FROM UNEP THE LIST OF COUNTRIES WHICH WOULD BE CONSIDERED TO BE DEVELOPING AND THEREFORE ELIGIBLE FOR TREATMENT UNDER ARTICLE 5 IWONA RUMMEL-BULSKA SAID THIS WOULD BE BASED ON A STANDARD UN LIST SHULTZ UNCLASSIFIED END OF DOCUMENT UNCLASSIFIED U S Department of State Case No F-2008-03441 Doc No C17575153 Date 12 20 2016 This document is from the holdings of The National Security Archive Suite 701 Gelman Library The George Washington University 2130 H Street NW Washington D C 20037 Phone 202 994-7000 Fax 202 994-7005 nsarchiv@gwu edu