EXPEDITED PROCEDURE FOR AMENDING THE MONTREAL PROTOCOL

1
EXPEDITED PROCEDURE FOR AMENDING THE MONTREAL
PROTOCOL

• PRESENTATION BY
• Mr. Alistair McGlone

2
PRESENTATION OVERVIEW

• Current Montreal Protocol procedure for adding
  ODS
• Principles for an expedited mechanism
• Proposed expedited mechanism for the Montreal
  Protocol
• Conclusions

3
CURRENT PROTOCOL PROCEDURE FOR ADDING ODS

• Protocol Article 2 par. 10
• Based on the assessments in Article 6 of this
  Protocol and in accordance with the procedure set
  out in Article 9 of the Convention, the Parties
  may decide
• whether any substances, and if so which, should
  be added to or removed from any annex to this
  Protocol, and
• The mechanism, scope and timing of the control
  measures that should apply to those substances.

4
CURRENT PROTOCOL PROCEDURE AMENDMENT AND
RATIFICATION

• Any Party may propose amendments to the Protocol,
  amendments are to be adopted at a Meeting of the
  Parties
• Strive for consensus if cannot be reached, an
  amendment may be adopted by 2/3 of Parties
  present and voting
• Entry into force occurs on 90th day after
  ratification by 2/3 of Protocol Parties, but only
  for those Parties. If a Party submits
  ratification after entry into force, an amendment
  enters into force for that Party 90 days after it
  submits its ratification

5
PROTOCOLS ADJUSTMENT MECHANISM

• The adjustment mechanism effectuates light
  alterations in an Annex. They are based on
  Article 6 assessments and solely allow changes in
  ODP for controlled substances and for the control
  schedule for controlled substances. Once an
  adjustment is being adopted, the adjustment is
  binding on all Parties and enters into force 6
  months after circulation by UNEP

6
CURRENT PROTOCOL PROCEDURE TIMING FOR ADDING ODS

• Party notifies Secretariat of new ODS after 2
  year period required for submission of
  peer-reviewed research assessment
• SAP assessment of ODP additional 6 years
• TEAP assessment additional 1 year
• Parties adopt amendment additional 1 year
• Amendment enters into force additional 2 years
• Amendment binds 50 of the Parties additional 3
  years
• Amendment binds 90 of the Parties additional
  5-7 years

7
CURRENT PROTOCOL PROCEDUREHISTORIC EXAMPLES

• HCFCs
• 1986 first discussed by Parties
• 1990 London Amendment adopted
• 1992 Amendment enters into force
• 1994 ratified by 80 Parties
• August 2004 ratified by 175 of 188 Parties (93)

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CURRENT PROTOCOL PROCEDUREHISTORIC EXAMPLES

• Methyl bromide
• 1989 first discussed by Parties
• 1992 Copenhagen Amendment adopted
• 1994 Amendment enters into force
• 1998 ratified by 80 Parties
• August 2004 ratified by 164 of 188 Parties (87)

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CURRENT PROTOCOL PROCEDUREHISTORIC EXAMPLES

• Bromochloromethane
• 1997 first discussed by Parties
• 1999 Beijing Amendment adopted
• 2002 Amendment enters into force
• August 2004 ratified by 83 of 188 Parties (44)

10
CURRENT PROCEDURE EXAMPLES OF ODS NOT YET
CONTROLLED

• N-Propyl bromide
• 1997 reported to the Secretariat
• Estimated ODP .0033 - .111
• Halon 1202
• 1998 first discussed by Parties
• Estimated ODP 1.25
• 1-bromo-3-chloro-propane
• 2001 reported to the Secretariat
• Estimated ODP .05

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WHY INTRODUCE AN EXPEDITED PROCEDURE ?

• Determined to protect the ozone layer by taking
  precautionary measures to control equitably total
  global emissions of substances that deplete it,
  with the ultimate objective of their elimination
  on the basis of developments in scientific
  knowledge, taking into account technical and
  economic considerations and bearing in mind the
  developmental needs of developing countries
• Montreal Protocol (Preamble)

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EXPEDITED PROCEDURES IN OTHER MEAs

• Of 11 Multilateral Environmental Agreements
  analyzed by the the Secretariat and the European
  Commission, 8 use expedited procedures for adding
  to protective measures.

13
POSSIBLE EXPEDITED MECHANISM FOR MONTREAL PROTOCOL

• Principles for an expedited mechanism
• Responsive to scientific, technical and economic
  assessment of new ODS
• Fast, widespread application of modifications to
  lists of controlled substances
• Responsive to new information, flexibility in
  timing and scope of control
• Consistent with established international
  precedent

14
THE PROPOSED EXPEDITED MECHANISM

• Objective
• Operation of the procedure
• The possibility to opt out

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THE PROPOSED EXPEDITED MECHANISM

• No consequences for the regular amendment
  procedure
• No creation of an additional layer of commitments
  or grouping of Parties
• Entry into force of the expedited procedure
  itself
• Relationship of the expedited procedure with
  future substantive amendments
• The expedited procedure and control measures
  related to trade

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CONCLUSIONS

• Current Montreal Protocol Procedure for adding
  ODS is inadequate
• Several year delay from identification of ODS to
  effective control by critical mass of Parties
• New substances are being created and marketed
• Protection of the ozone layer suffers
• It may be possible to modify the procedure in a
  manner that
• Enhances protection of the ozone layer
• Does not unduly complicate implementation of the
  Protocol