Decision XVI/2: Critical use exemptions for methyl bromide for 2005 and 2006

The Sixteenth Meeting of the Parties decided in Dec. XVI/2:

Cognizant of its duty to assess critical uses of methyl bromide under Article 2H, paragraph 5, of the Montreal Protocol,

Taking into account the criteria and procedures for the assessment of critical uses of methyl bromide articulated in decision IX/6,

Noting with great appreciation the work done by the Technology and Economic Assessment Panel and its Methyl Bromide Technical Options Committee,

Recognizing that the Technology and Economic Assessment Panel and its Methyl Bromide Technical Options Committee review nominations for critical-use exemptions pursuant to paragraph 2 of decision IX/6 and that the Parties assess a critical methyl bromide use for the purposes of control measures in Article 2H of the Protocol,

Noting that decision XVI/4 should provide a solid basis for review of critical-use nominations in the future, and that in the absence of technical and economic justification for a recommendation, particular consideration should be given to the Party’s nomination,

Bearing in mind, in particular, paragraphs 3 and 4 of the working procedures of the Methyl Bromide Technical Options Committee relating to the evaluation of nominations for critical uses of methyl bromide, as set out in annex I to the report of the Sixteenth Meeting of the Parties ,

1. For the agreed supplemental critical-use categories for 2005, set forth in section IA to the annex to the present decision for each Party, to permit, subject to the conditions set forth in decision Ex.I/4, to the extent that those conditions are applicable, the supplementary levels of production and consumption for 2005 set forth in section IB to the annex to the present decision which are necessary to satisfy critical uses;
2. For the agreed critical-use categories for 2006, set forth in section IIA to the annex to the present decision for each Party, to permit, subject to the conditions set forth in decision Ex. I/4, to the extent that those conditions are applicable, the levels of production and consumption for 2006 set forth in section IIB to the annex to the present decision which are necessary to satisfy critical uses, with the understanding that additional levels of production and consumption and categories of uses may be approved by the Meeting of the Parties to the Montreal Protocol in accordance with decision IX/6;
3. That Parties should endeavour to ensure that the quantities of methyl bromide recommended by the Technology and Economic Assessment Panel are allocated as listed in sections IA and IIA of the annex to the present decision;
4. That each Party which has an agreed critical use should ensure that the criteria in paragraph 1 of decision IX/6 are applied when licensing, permitting or authorizing critical use of methyl bromide and that such procedures take into account available stocks of banked or recycled methyl bromide. Each Party is requested to report on the implementation of the present paragraph to the Ozone Secretariat;
5. To approve in the interim, until the Extraordinary Meeting of the Parties referred to in paragraph 9 below is convened, subject to the conditions set forth in decision Ex. I/4, to the extent that those conditions are applicable, the portions of the 2006 critical-use nominations set forth in section III of the annex to the present decision;
6. To ask the Methyl Bromide Technical Options Committee to review:
1. Those portions of the 2006 critical-use nominations set forth in section III of the annex to the present decision;
2. The 2006 critical-use nominations that were identified as “unable to assess” in the October 2004 report of the Technology and Economic Assessment Panel,

on the basis of all relevant information submitted by 24 January 2005, including any supplemental information submitted by the Parties, and information relating to what is suitable for the crops and circumstances of the nomination;

7. To request the Methyl Bromide Technical Options Committee to evaluate the nominations referred to in paragraph 6 of the present decision:
1. In accordance with the procedures set out in annex I to the report of the Sixteenth Meeting of the Parties subject to modifications necessary to meet the timetable provided in paragraphs 6-9 of the present decision;
2. To meet the nominating Party before it completes its deliberations, if so requested by the Party;
8. To request the Technology and Economic Assessment Panel to report its findings to the Parties in the form of an interim report by 30 April 2005, and in the form of a final report by 15 May 2005;
9. To review the report of the Technology and Economic Assessment Panel prepared pursuant to paragraphs 6-8 of the present decision at an extraordinary Meeting of the Parties held in conjunction with the twenty-fifth meeting of the Open-Ended Working Group, in order to adopt a decision at the Meeting with respect to the portions of the 2006 critical-use nominations referred to in paragraph 6 of the present decision, with the understanding that it shall not give rise to any further financial implications;
10. That the procedure provided for in paragraphs 6-9 of the present decision is exceptional and applies only in 2005, unless the Parties decide otherwise.

Annex to decision XVI/2: Critical use exemptions

[Source: Annex to Decision XVI/2]

Section IA: 2005 - agreed supplemental critical-use categories

Section IB: 2005 - permitted supplemental levels of production and consumption

* The supplementary production and consumption of the European Community shall not exceed 382.764 metric tonnes for the purposes of the agreed supplementary critical uses.

Section IIA: 2006 agreed critical-use categories

Section IIB: 2006 - permitted levels of production and consumption

* The production and consumption of the European Community shall not exceed 3,225.310 metric tonnes for the purposes of the agreed critical uses.

Section III - 2006 Approved critical-use nominations under paragraph 5