Published by the
International Institute for Sustainable Development (iisd)
Vol. 19 No. 38
Thursday, 25 November 2004
WEDNESDAY, 24 NOVEMBER 2004
Delegates met in Plenary, contact groups and
informal consultations throughout the day and late into the evening in
an attempt to conclude the work of MOP-16’s preparatory segment ahead of
Thursday and Friday’s high-level segment. Parties considered agenda
items on a wide range of issues, including compliance with the Protocol,
trade, methyl bromide, membership of various bodies, administrative
matters, and issues arising out of the reports of the Technology and
Economic Assessment Panel (TEAP). By late Wednesday, Plenary had
completed its work on a number of draft decisions, which were forwarded
to the high-level segment. However, 13 outstanding issues remained, and
the preparatory segment will convene once again on Thursday, after the
opening session of the high-level segment.
RATIFICATION, DATA REPORTING, COMPLIANCE
AND ILLEGAL TRADE: Issues Arising from the Implementation
Committee: Recommendations on Non-Compliance: Delegates considered a
compilation of draft decisions submitted by the Implementation Committee
(UNEP/OzL.pro.16/CRP.1). Regarding a draft decision on his country’s
non-compliance, NEPAL stated that illegally-traded goods containing CFCs
that it had seized had not been released onto the domestic market.
Delegates agreed to revise and forward the compilation of draft
decisions to the high-level segment for its adoption.
Chair Kozakiewicz noted the need to clarify whether Decision XIV/7
allows the release of illegally-traded ODS on the domestic market within
each Party’s consumption limit. The BAHAMAS, PAKISTAN and VENEZUELA
called for further guidance.
Comments by the Implementation Committee
on the Operation of Decision XV/3: In regard to Parties’ obligations
under the Beijing Amendment, the US, supported by Japan, AUSTRALIA,
CANADA, ARGENTINA and NEW ZEALAND, expressed concern about the
compliance status of some EC members in the absence of an EC declaration
of competence. The issue remained unresolved.
Laboratory and Analytical Uses: CANADA submitted a draft
decision on laboratory and analytical uses of bromochloromethane (UNEP/OzL.Pro.16/CRP.17),
which Parties agreed to forward to the high-level segment.
Monitoring of Trade in ODS: Delegates
considered information reported by Parties on illegal trade in ODS (UNEP/OzL.Pro.16/7),
streamlining information exchange on reducing such trade (UNEP/OzL.Pro.16/8),
and a report by UNEP’s Division of Technology, Industry and Economics (DTIE)
on activities of the regional networks to combat illegal trade (UNEP/OzL.Pro.16/13).
UNEP DTIE said the purpose of its report was to suggest actions UNEP
regional networks could take to prevent illegal trade. He highlighted
the significance of: training of customs officers; identification of
illegal trade “hotspots” and close collaboration between affected
Parties; and private/public partnerships to combat illegal trade.
IRAN and SENEGAL underscored the value of
regional meetings on illegal trade, and GABON stressed the importance of
managing ODS trade under a regionally harmonized framework. Many Parties
called for greater synergies and sharing of information between
Feasibility Study on a System for Tracking International Trade in
ODS: Georgia and SRI LANKA presented draft decisions on,
respectively, the cross-checking of exports of controlled substances to
prevent illegal trade (UNEP/OzL.Pro.16/CRP.11) and a feasibility study
on the development of a system of tracking international trade in ODS (UNEP/OzL.Pro.16/3.E).
Several Parties expressed reservations regarding both proposals. JAPAN
agreed to consolidate the decisions into one.
Situation of Very Low-Volume Consuming Countries: The MALDIVES
introduced a draft decision on the situation of these countries (UNEP/OzL.Pro.16/3).
The US, supported by JAPAN, noted inconsistencies with the Protocol, but
recognized the Maldives’ need for assistance. Chair Kozakiewicz said the
issue should be resolved in informal discussions.
METHYL BROMIDE: Review of MBTOC Working
Procedures: The contact group on MBTOC met throughout the day to
discuss remaining issues on the working procedures and terms of
reference of the MBTOC (UNEP/OzL.Pro/AHWG.MBTOC/2/4), and a proposal by
the EU on the duration of methyl bromide CUNs that asks MOP-17 to
consider the elaboration of a framework for multi-year CUEs. On the
first item, delegates agreed to delete a reference to stocks. On the
second, participants discussed whether MOP-17 should work on the
framework for granting multi-year CUEs, and whether further conditions
would be applicable to multi-year CUEs/CUNs. Participants agreed on a
draft decision (UNEP/OzL.Pro.16/CRP.22) asking MOP-17 to elaborate, “as
far as possible,” the framework, and to consider the possibility of
On Wednesday evening, Ad Hoc Working Group Co-Chair Maas Goote
(Netherlands) presented the two draft decisions to the Plenary. He
indicated that issues in the draft decision on working procedures and
terms of reference (UNEP/OzL.Pro.16/CRP.21) had been resolved, including
the schedule for MBTOC assessment of CUNs. Delegates agreed to forward
both decisions to the high-level segment for adoption.
Critical Use Exemptions: On Wednesday
night, delegates were briefed in Plenary on ongoing consultations on
CUEs, with some progress reported. However, the group was unable to
complete its work, and further negotiations were set for late Thursday
Trade in Products and Commodities Treated
with Methyl Bromide: Parties considered draft decisions on the issue
submitted by Kenya (UNEP/OzL.Pro.16/CRP.13) and Switzerland (UNEP/OzL.Pro.16/CRP.16),
and agreed that interested Parties should meet for further discussions.
Handbook, Reporting Forms and Accounting Framework for Critical Uses
of Methyl Bromide: On Wednesday evening, Parties agreed to forward
to the high-level segment a draft decision on this issue submitted by
the EC (UNEP/OzL.Pro.16/CRP.9).
Request for Technical and Financial Support Relating to Methyl
Bromide Alternatives: Delegates agreed to a draft decision submitted
by Burkina Faso (UNEP/OzL.Pro.16/CRP.6), including a minor amendment
proposed by Senegal.
Coordination Among UN Bodies on Quarantine and Pre-Shipment Uses:
Parties considered a draft decision submitted by Colombia and Guatemala
(UNEP/OzL.Pro.16/CRP.12/Rev.1). However, as of late Wednesday night,
delegates had been unable to agree on the final text, including an
additional paragraph proposed by Argentina, which remained bracketed.
Flexibility in Alternatives for Phasing Out Methyl Bromide:
Delegates considered text on methyl bromide alternatives submitted by
Guatemala (UNEP/OzL.Pro.16/CRP.14). The US expressed concerns that the
text might imply an attempt to alter the provisions of the Protocol, and
the operational paragraphs were bracketed.
ISSUES RELATED TO THE MULTILATERAL FUND: Terms of Reference for
the Study on the 2006–2008 Replenishment of the Multilateral Fund: Paul
Krajnik (Austria) reported on consultations held Tuesday evening on a
draft decision on this issue, informing delegates of agreement on a
revised decision (UNEP/OzL.Pro/CRP.7/Rev.1). On eligibility under the
Multilateral Fund, JAPAN raised the issue of destruction of ODS, as well
as recovery and reduction. Paul Krajnik and the US said destruction was
not eligible under the Fund. Parties’ comments were noted, and the draft
decision forwarded to the high-level segment for adoption.
Evaluation and Review of the Financial Mechanism: BRAZIL reported
to Plenary on discussions that had produced a draft decision on the 2004
evaluation and review of the financial mechanism (UNEP/OzL.Pro.16/CRP.23).
Delegates agreed to forward it to the high-level segment.
ISSUES RAISED BY TEAP REPORTS: Essential-Use Nominations:
Delegates considered alternative draft decisions submitted by the EC (UNEP/OzL.Pro.16/CRP.3)
and the US (UNEP/OzL.Pro.16/CRP.15) on essential-use nominations for
non-Article 5 Parties. The US decision authorizes essential use
nominations for CFCs for metered-dose inhalers for both 2005 and 2006,
while the EC decision requests TEAP to review essential-use nominations
for CFC-salbutamol for 2006. NORWAY, SWITZERLAND, the US Stakeholders
Group on MDI Transitions and the International Pharmaceutical Aerosol
Consortium (IPAC) supported the EU proposal. JAPAN, supported by
ARGENTINA, said it would support the US proposal with the insertion of a
reference to Decision XV/5. The US, EC and TEAP agreed to meet in
informal consultations to address the issue.
Assessment of Chillers and the Transition to Non-CFC Equipment:
Chair Kozakiewicz introduced a draft decision on chillers (UNEP/OzL.Pro.16/3).
Parties decided to forward the decision to the high-level segment with a
minor amendment by Argentina.
Process-Agent Uses: Parties considered a draft decision on
listing controlled substances as process agents (UNEP/OzL.Pro.16/CRP.18).
The EC proposed addressing the issue at the next OEWG, as some
information was lacking. Parties agreed to forward the bracketed
decision to the high-level segment.
ADMINISTRATIVE ISSUES: Dates of Future Protocol Meetings: The EC
introduced a draft decision proposing to set the dates of Protocol
meetings three years in advance (UNEP/OzL.Pro.16/CRP.2). The US,
supported by AUSTRALIA, voiced concern regarding the practicality of the
proposal. Interested Parties will work to produce a revised draft in
consultation with TEAP.
Cooperation Between the Montreal Protocol Secretariat and Other
Conventions and Organizations: CANADA introduced a draft decision on
this issue (UNEP/OzL.Pro.16/CRP.4). JAPAN and COLOMBIA proposed
amendments, which CANADA agreed to. Following the addition of text by
the US clarifying that the Secretariat cannot provide any ï¿½legal
interpretationï¿½ of the Protocolï¿½s provisions, the decision was forwarded
to the high-level segment.
OTHER MATTERS: Technical and Financial Assistance to Ensure
Compliance After 2010: FRANCE introduced a draft decision on this
issue, and SWITZERLAND and the US suggested amendments (UNEP/OzL.Pro.16/CRP.19).
The issue remained unresolved.
Applications of Parties for Reclassification as Operating under
Montreal Protocol Article 5, Paragraph 1: Delegates agreed to
forward text on this issue to the high-level segment, including
applications from Turkmenistan and Malta for reclassification under the
CLOSE OF THE PLENARY: Shortly before 11:00 pm Wednesday, Parties
were briefed on the status of negotiations, with Marco Gonzï¿½lez,
Executive Secretary, listing 13 issues that remained unresolved. These
included items on: essential-use nominations for non-Article 5 Parties;
trade in products and commodities treated with methyl bromide; financial
assistance to the MBTOC; appointment of the Multilateral Fundï¿½s Chief
Officer; equitable representation in the Multilateral Fundï¿½s Executive
Committee; Implementation of Decision XV/3; the dates of future MOPs;
adjustments and amendment to the Protocol; and outcomes from the budget
committee and the CUE contact group. He indicated that the preparatory
segment of MOP-16 would resume on Thursday, after the high-level segment
had met, in order to resolve these outstanding issues.
The Sub-Committee on financial matters considered the possible financial
implications of the draft decision on financial support for the
activities of the MBTOC (UNEP/OzL.Pro.16/CRP.8), pursued discussions on
the budget for 2004 and the biennium 2005-2006, and agreed to add
language noting the over-expenditure in 2004 (UNEP/OzL.Pro.16/6). Some
developing countries raised concern over the application of the UN scale
of assessments and suggested adding language reaffirming its indicative
value. A further meeting of the Sub-Committee will be held on Thursday.
IN THE CORRIDORS
MOP-16 heated up Wednesday as organizers and delegates scrambled to
conclude their work on as many issues as possible prior to the arrival
of ministers and other senior officials for the high-level segment
starting Thursday. By late Wednesday night, though, the prospects for
consensus on a few key issues still seemed remote. Some participants
were buzzing about the ï¿½testyï¿½ US-EU debate over 2006 essential-use
allowances for CFCs for metered-dose inhalers. While some observers were
highly critical of US efforts to maintain higher CFC allowances, others
sympathized with the US governmentï¿½s concerns that the countryï¿½s health
system and regulatory structure meant patients would be forced to pay
more for non-CFC asthma inhalers.
Some delegates were also speculating on
whether disagreements on methyl bromide and other issues would require
another Extraordinary MOP. Budget watchers noted the irony that those
complaining about a financial blowout might also be adding to the budget
needs if their disagreements at MOP-16 made another ExMOP necessary.