Ratification of the Beijing Amendment to the Montreal Protocol

The Government has ratified the Beijing Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer in the form of a Presidential Regulation (the “Regulation”). In essence the Beijing Amendment adds bromochloromethane to a list of substances that deplete the ozone layer and that the use of bromochloromethane is to phased out. The Beijing Amendment was adopted in 1999 was to come into force on 1 January 2001 however it came into force 90 days after the deposit of the twentieth ratification. The 20th ratification did not occur until 27 November 2001 and the Amendment took effect on 25 February 2002.

It is important to note that Regulation stipulates that Indonesia still needs hydrochloroflurocarbons (HCFCs) that replaced the more dangerous chloroflurocarbons (CFCs). Bromochloromethane is one of the HCFCs that replaced earlier CFCs. Although bromochloromethane is less damaging to the ozone than earlier CFCs, it is rated at 0.12 meaning that it does 12% of the damage that a CFC would do the ozone layer. The use of bromochloromethane was supposed to be phased out by 1 January 2002, considering that the Amendment did not in fact come into force until 25 February 2002, this was impossible. Nevertheless, the intent is that bromochloromethane, which is predominantly used as an industrial solvent and in fire extinguishers is phased out sooner rather than later. There is an escape clause that allows countries to continue to use bromochloromethane where it is deemed essential.