K9810333 071298 /...

EP

United Nations

Environment

Programme

UNITED

NATIONS

Distr.

GENERAL

UNEP/OzL.Pro.10/9

3 December 1998

ORIGINAL: ENGLISH

TENTH MEETING OF THE PARTIES TO

 THE MONTREAL PROTOCOL ON

 SUBSTANCES THAT DEPLETE

 THE OZONE LAYER

Cairo, 23-24 November 1998

REPORT OF THE TENTH MEETING OF THE PARTIES TO THE MONTREAL PROTOCOL ON

SUBSTANCES THAT DEPLETE THE OZONE LAYER

1. The Tenth Meeting of the Parties to the Montreal Protocol on Substances that Deplete the Ozone

Layer was held at the Cairo International Conference Centre on 23-24 November 1998.

I. OPENING OF THE MEETING

2. The Meeting was opened at 10 a.m. by Mrs. Suzanne Mubarak, First Lady of Egypt, who

welcomed all participants and expressed her happiness that the country had been chosen to host such an

important international conference.

3. The Montreal Protocol, she said, marked the first concrete expression of the international will to

deal with environmental problems, and represented a prototype for international action in other fields. 

Egypt was happy to host the meeting, as the country shared the great concern over environmental problems

and was committed to dealing with them. Since 1982, Egypt had had an Environmental Protection Agency

and, in its efforts to harmonize the differing concerns of the environment and of development, it had

established a Ministry of the Environment in 1997. Egypt thus had the ability to respond to the global and

domestic challenges to the environment. In addition, sustainable benefits were drawn from cooperation

with other countries, learning from their experience and wisdom.

4. Her own special field of interest, she said, was children and the young, since action now to

inculcate in children an awareness for nature was the best way to preserve the environment, not only for

today, but also for tomorrow. Egypt had made it a national objective to develop its human resource base

and to give everyone an opportunity to grow in a healthy environment. Education was a top priority and

great efforts were being made to upgrade it and to develop appropriate curricula and increased competence

In order to save paper, the body of the present document has been printed in a 2 A-5 in 1 A-4 format. The document can, however, be downloaded

and printed in full A-4/US letter format from the Web site of the Ozone Secretariat at http://www.unep.org/ozone or http://www.unep.ch/ozone.
UNEP/OzL.Pro.10/9

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for teachers. A new innovation in libraries was the special Green Corner for children, where useful

information on the environment was available to them in an attractive format. Among the many examples

of how to use innovative ways to help children to develop an affinity with their environment was the

children's art competition organized by the Division of Technology, Industry and Economics of the United

Nations Environment Programme (UNEP/TIE) and the Egyptian Environment Affairs Agency, for which

prizes were to be awarded at the current meeting. In conclusion, she wished all the representatives success

in their important mandate to help protect the ozone layer and, ultimately, humanity.

A. Statement by representatives of the Government of Egypt

5. In her statement of welcome to participants, Ms. Nadia Makram Ebeid, Minister of State for

Environmental Affairs, drew attention to the achievements of Mrs. Suzanne Mubarak, First Lady of the

country, in the life of Egypt, particularly her great pragmatism, her people-oriented approach and her

holistic vision, which had a direct bearing on Egypt's efforts to develop its human resource base to the full.

6. Mr. Youssef Wally, Deputy Prime Minister of Egypt, welcoming participants to Cairo, said that

Egyptian civilization had an ancient tradition of concern for the environment, which was considered to be a

prerequisite for sustainable development. Since the Stockholm Conference on the Human Environment,

Egypt had shown a growing concern for issues of the environment and had realized the importance of

integrating the efforts of different countries to protect and conserve it. National development in Egypt also

sought to protect natural resources and the environment, and much had been done by the business sector to

promote environmentally friendly developments. Consumption of ozone-depleting substances had been

greatly phased out, to a level of 4,000 tonnes. Moreover, the country had stopped the use of methyl

bromide. He concluded by saying that Egypt attached great importance to international efforts to protect

the ozone layer, and the hosting of the current meeting was a symbol of the country's commitment in that

vital endeavour.

B. Statement by the Executive Director of the United Nations Environment Programme

7. In his address to the Meeting Mr. Klaus Töpfer, Executive Director of the United Nations

Environment Programme (UNEP), quoting Mrs. Suzanne Mubarak's acceptance speech for the 1998 Prize

of Tolerance awarded by the European Academy of Sciences and Arts, drew attention to the cultural

diversity of Egypt and its catalytic role at the crossroads of different civilizations and expressed his

appreciation to other honoured guests of the Meeting, including Dr. Mostafa Tolba, upon whom UNEP

was conferring a global ozone award for his contribution to protecting the ozone layer.

8. While noting the success of the Montreal Protocol over the last 10 years, he warned against

complacency, pointing out that the total concentration of bromine in the atmosphere was still increasing and

that the ozone hole over the Antarctic had reached record proportions of 26 million square kilometres,

larger than all of North America, and that, even with full implementation of the Montreal Protocol, total

cumulative emissions would measure about 1.5 million tonnes up to the time that the phase-out of all

ozone-depleting substances was complete. It was therefore vital to ensure that implementation of the

Protocol remained on course and that full support was given to the assessment panels in performing their

critical role.

9. Among key tasks facing Governments, he highlighted the need to prevent the spread of use of

methyl bromide. He praised the performance of the Multilateral Fund and congratulated the contributing

countries for their payments to date. He also urged donor countries to pay the balance of their

contributions to the Multilateral Fund for 1998 and earlier years, to ensure its continued successful

operation, which had enabled the implementation of over 2,500 projects and activities in over 100 countries
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and the elimination of approximately 117,000 tonnes of ozone-depleting substances. It was time, he said,

to re-evaluate the objectives and priorities of the Fund, since encouragement to countries to participate had

been replaced by the obligation to comply with a series of demanding commitments. He outlined a number

of priority areas for action, including the closure of CFC production facilities; the needs of low-volume

consuming countries and of small enterprises; the need for agencies to accelerate the completion of projects

and for developing countries to simplify their procedures and the need for non-compliant countries in

Eastern Europe and the former USSR to fulfil their obligations. In that context, he expressed gratification

at the assistance given by the Global Environment Facility (GEF) and at the recent Special Initiative of the

World Bank to shut down production facilities in the Russian Federation, which accounted for nearly half

the world's CFC capacity.

10. Among important issues facing the Parties, he drew attention to the need for awareness-building

activities by the developing countries; the possible marketing of new ozone-depleting substances and the

need for criteria to identify such substances; and the dumping of used CFC products and equipment, in

which context he drew attention to the UNEP-initiated pledge by companies not to manufacture or sell any

new CFC-using equipment or technology in developing countries or countries with economies in transition.

11. In view of the interlinkages between climate change and ozone depletion, the future of HFCs must

be decided in the light of the environment as a whole. In general, consideration must be given to the

synergies between the different conventions and, in that context, he noted the collaboration by UNEP with

the World Meteorological Organization (WMO) and also, in the methyl-bromide sector, with the Food and

Agriculture Organization of the United Nations (FAO). Finally, he drew attention to the need for

non-governmental organizations to continue their awareness-building activities, particularly in the servicing

industry.

C. Statements by the heads of other United Nations agencies present

12. Mr. Rumen D. Bojkov, speaking on behalf of the Secretary-General of the World Meteorological

Organization (WMO), said that WMO, as the specialized United Nations agency entrusted with

coordinating the monitoring, research and assessment of the state of atmospheric composition and climate,

believed that there was a need to continue to improve capabilities in monitoring ozone and ozone-depleting

substances, their concentrations and vertical distribution, especially in the data-sparse tropical belt. 

Ground measurements had shown that the tropospheric loading of chlorine, responsible for destroying

ozone, had already passed its maximum as a result of actions taken under the Montreal Protocol and its

amendments; bromine concentrations continued to increase, however, and the same was true with respect to

chlorine loading in the stratosphere where the ozone-destructive reactions, triggered by the anthropogenic

halogen compounds, were taking place. During the current austral spring, in the southern polar region, low

ozone values were recorded over the largest area ever, while during the September-October period the

integrated ozone loss in the region poleward of 60E south had been the largest on record. In the

northern-hemisphere polar region, in six out of the past nine winter-spring seasons, total ozone had declined

in the same months by 25-30 per cent below the pre-1970 average. Had it not been for the Montreal

Protocol and its amendments, the ozone decline would have been even greater and would have continued for

many more decades.
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D. Statement by the President of the Ninth Meeting of the Parties

13. Mr. Won-Hwa Park (Republic of Korea), President of the Ninth Meeting of the Parties, noted that

the Tenth Meeting of the Parties was the last before the introduction of the freeze for Parties operating

under Article 5. While notable successes had been achieved, he expressed concern at the low level of

ratification of the London and Copenhagen amendments, the latter having been ratified by only half the

Parties. He had sent letters to all Parties that had not ratified the amendments and urged Governments to

take the necessary steps for doing so. As the July 1999 freeze approached, there was a need to intensify

capacity-building efforts in Article 5 countries and he urged the Executive Committee to give special

attention to projects in that area.

14. Drawing attention to the recommendations prepared by the Open-ended Working Group at its

seventeenth and eighteenth meetings for consideration by the Parties, he hoped that the Meeting would

adopt effective decisions. In conclusion, he noted the successes achieved over the previous year, in

particular, the fulfilment of their phase-out commitments by the industrialized countries, and the early start

of phase-out of activities by some Article 5 countries, and commended the Executive Committee of the

Multilateral Fund, the Vice-Presidents, the Implementation Committee, the Ad Hoc Working Group of

Legal and Technical Experts on Non-Compliance, the Implementing Agencies, his fellow Bureau members

and all stakeholders on their work and wished the incoming Bureau and the Meeting every success in the

forthcoming deliberations.

E. Presentation of prizes to the winners of the children's art competition

15. During the opening session on 23 November 1998, Mrs. Suzanne Mubarak, First Lady of Egypt

and Mr. Klaus Töpfer, Executive Director of UNEP, presented prizes to the winners of the children's art

competition who had been invited to attend by the Government of Egypt. Prizes were awarded to the

following children: Najla Hussein Eid (Egypt), Laila Nuri (Indonesia), Rosa Kallontarpour (Islamic

Republic of Iran) and Bachari Saidou (Niger). Jury prizes had been awarded to two other children Qu

Nan (China) and Maria Rozica Popescu (Romania) and 10 other entries had received merit awards.

F. Presentation of Ozone Awards by the Government of Egypt and by UNEP

16. During the opening session of the meeting on 23 November 1998, awards were presented by the

Government of Egypt to distinguished Egyptians for their outstanding achievements and contributions to

the protection of the Earth's ozone layer. The winners of the awards were: Dr. Hamdi El-Banbi, a

Minister in the Government of Egypt, who had orchestrated and introduced the phase-out of lead in petrol; 

Dr. Ossama El Kholy, a Professor of Engineering at Cairo University, who had spent most of his academic

life participating in many initiatives across a number of sectors in Egypt, the Arab world and the world at

large; and Dr. Mostafa K. Tolba, former Executive Director of UNEP.

17. Dr. Tolba, was also awarded the UNEP Global Ozone Award for his achievements in helping to

negotiate the Montreal Protocol and in continuously contributing to its success.
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II. ORGANIZATIONAL MATTERS

A. Attendance

18. The Tenth Meeting of the Parties was attended by representatives of the following Parties to the

Montreal Protocol: Algeria, Antigua and Barbuda, Argentina, Australia, Austria, Azerbaijan, Bahamas,

Bahrain, Bangladesh, Barbados, Belarus, Belgium, Benin, Bolivia, Botswana, Brazil, Brunei Darussalam,

Bulgaria, Burkina Faso, Burundi, Cameroon, Canada, Chile, China, Colombia, Comoros, Costa Rica, Côte

d'Ivoire, Croatia, Cuba, Czech Republic, Democratic People's Republic of Korea, Democratic Republic of

the Congo, Denmark, Dominica, Dominican Republic, Ecuador, Egypt, Estonia, Ethiopia, European

Community, Finland, France, Gambia, Georgia, Germany, Ghana, Greece, Guatemala, Guinea, Honduras,

Hungary, Iceland, India, Indonesia, Iran (Islamic Republic of), Ireland, Israel, Italy, Jamaica, Japan,

Jordan, Kenya, Kiribati, Kuwait, Lao People's Democratic Republic, Latvia, Lebanon, Lesotho, Libyan

Arab Jamahiriya, Liechtenstein, Lithuania, Luxembourg, Madagascar, Malaysia, Mali, Mauritania,

Mauritius, Mexico, Mongolia, Morocco, Namibia, Nepal, Netherlands, New Zealand, Nicaragua, Nigeria,

Norway, Pakistan, Panama, Paraguay, Peru, Philippines, Poland, Qatar, Republic of Korea, Republic of

Moldova, Romania, Russian Federation, Saint Lucia, Saint Vincent and the Grenadines, Saudi Arabia,

Senegal, Singapore, Slovakia, Slovenia, South Africa, Spain, Sri Lanka, Sudan, Sweden, Switzerland,

Syrian Arab Republic, Tajikistan, Thailand, the former Yugoslav Republic of Macedonia, Togo, Trinidad

and Tobago, Tunisia, Turkey, Uganda, Ukraine, United Kingdom of Great Britain and Northern Ireland,

United Republic of Tanzania, United States of America, Uruguay, Uzbekistan, Venezuela, Viet Nam,

Yemen, Zambia, Zimbabwe.

19. The following non-Parties were also represented: Albania, Armenia, and Iraq.

20. Representatives of the following United Nations bodies and specialized agencies also attended: 

Global Environment Facility (GEF), Secretariat of the Multilateral Fund for the Implementation of the

Montreal Protocol, United Nations Development Programme (UNDP), UNEP Division of Technology,

Industry and Economics (UNEP/TIE), United Nations Information Centre for Egypt, United Nations

Industrial Development Organization (UNIDO), United Nations Office at Nairobi (UNON), World Bank,

World Meteorological Organization (WMO).

21. The following intergovernmental and non-governmental bodies and agencies were also represented:

 3M Company, Alliance for Responsible Atmospheric Policy, AlliedSignal Europe, Arab Office for Youth

and Environment, Asahi Research Center Company Limited, Association for Environment and Nature

Protection, Cannon, Cannon-Afros, Carrier Corporation, Centre of Environment Friends, Consumer Unit

and Trust Society, Dainippon Pharmaceutical Company, Dow, Dupont, Elf Atochem, Environmental

Investigation Agency, European Chemical Industry Federation, Federation of Malaysian Consumers

Associations, Friends of the Earth, Glaxo Wellcome, Great Lakes Chemical Company, Greenpeace, Indian

Chemical Manufacturers Association, Indian Institute of Chemical Technology, Industrial Technology

Research Institute, International Council of Environmental Law, International Institute of Refrigeration

(IIR), International Pharmaceutical Aerosol Consortium, International Trade Information Service, Japan

Electrical Manufacturers' Association, Japan Fluorocarbon Manufacturers Association, Japan Industrial

Conference for Ozone Layer Protection, JSC Armstroy, Kenouz Sinai - Environment Protection Sharkiya,

Korea Speciality Chemical Industry Association, League of Arab States, Lebanese Environment Forum,

Legal Resources Centre, Lennox International Inc., Methyl Bromide Working Group, Otsuka

Pharmaceutical Company Ltd, Ozone Action ProConsumers, Refrigerant Gas Manufacturers' Association,

Sanko Chemical Industry Company, Trane Company, Trans-Mond Environment Limited, Tribuna

Ecuatoriaam de Consumidores y Usunion, Uganda Consumers Protection Association, Vulcan Materials

Company.
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B. Election of the President, three Vice-Presidents and the Rapporteur

22. In accordance with rule 21, paragraph 1, of the rules of procedure, the following officers were

elected, by acclamation, at the opening session:

President: Mr. Alexandre A. Solovianov, Russian Federation

(Group of Eastern European countries)

Vice-Presidents:Mr. Rasmus Rasmusson (Sweden)

(Group of Western European and others countries)

Mr. Zweledinga Pallo Jordan (South Africa)

(Group of African countries)

Ms. Bernardina de Stavropulos (Panama)

(Group of Latin American and Caribbean countries)

Rapporteur: Ms. Syeda Sajeda Chowdhury (Bangladesh)

(Group of Asian countries)

C. Adoption of the agenda

23. The following agenda was adopted on the basis of the provisional agenda in document

UNEP/OzL.Pro.10/1:

1. Opening of the Meeting:

(a) Statement by a representative of the Government of Egypt;

(b) Statement by the Executive Director of the United Nations Environment

Programme;

(c) Statements by the heads of other United Nations agencies present;

(d) Statement by the President of the Ninth Meeting of the Parties.

2. Organizational matters:

(a) Election of the President, three Vice-Presidents and the Rapporteur;

(b) Adoption of the agenda;

(c) Organization of work;

(d) Credentials of representatives.

3. Statements by heads of delegations.

4. Presentation of a report by the Co-Chairs of the Open-ended Working Group and
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consideration of the recommendations of the Open-ended Working Group and decisions on

essential-use nominations for ozone-depleting substances, transition to CFC-free

metered-dose inhalers, decommissioning of all non-essential halon systems in non-Article 5

Parties, new substances with ozone-depleting potential, regulation of the import and export

of products and equipment whose continuing functioning relies on substances listed in

Annexes A and B of the Protocol, review of the non-compliance procedure, election of

members of the Implementation Committee and Executive Committee of the Multilateral

Fund, proposed budgets for the Montreal Protocol Trust Fund and other issues.

5. Consideration of the report of the President of the Implementation Committee under the

Non-Compliance Procedure for the Montreal Protocol.

6. Consideration of the report of the Chair of the Executive Committee of the Multilateral

Fund for the Implementation of the Montreal Protocol.

7. Date and venue of the Eleventh Meeting of the Parties.

8. Other matters.

9. Adoption of the report.

10. Closure of the Meeting.

D. Credentials of representatives

24. Speaking on behalf of the Bureau, the Secretariat reported that the Bureau of the Tenth Meeting of

the Parties had approved the credentials of the representatives of 104 Parties to the Tenth Meeting of the

Parties to the Montreal Protocol, out of 133 Parties represented at the Meeting. The Bureau had also

approved provisionally the representation of 11 Parties on the understanding that they would send the

credentials to the Secretariat in due course. Parties with no credentials had been requested to transmit

those to the Secretariat as soon as possible and the President urged Parties, in future Meetings, to ensure

that their credentials were submitted in good time.

25. The report of the Bureau was adopted by consensus.

III. STATEMENTS BY HEADS OF DELEGATIONS

26. Taking up agenda item 3 at its opening session, the Meeting first heard presentations from the

Co-Chairs of the Assessment Panels and statements by representatives of the Implementing Agencies of the

Multilateral Fund and the representative of the Global Environment Facility (GEF).

27. The Co-Chairs of the Scientific Assessment, Dr. Dan Albritton, Dr. Piet Aucamp and

Dr. G. Mégie, summarized the status of three aspects of the Panel's work. The Panel's next report,

"Scientific Assessment of Ozone Depletion: 1998", would be ready early in 1999. The report, which was

being prepared by over 250 scientists from over 30 countries worldwide, would address questions

concerning the future of the ozone layer in the coming decades. The Co-Chairs also noted two areas of

ongoing research within the scientific community. The observation of halon-1202 in the atmosphere had

raised questions regarding the nature, source and impact of the emissions of that and other new and

uncontrolled ozone-depleting substances. There were challenges ahead in determining the significance of
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short-lived chlorine- and bromine-containing gases to the ozone layer. Lastly, the Co-Chairs noted the

coordinated work of the Panel with that of the Intergovernmental Panel on Climate Change (IPCC) and the

International Civil Aviation Organization (ICAO). They underscored that several gases were of relevance

to both ozone depletion and climate change, and the Panel's collaboration with IPCC over the past several

years had helped increase understanding of such gases and their linkages.

28. Dr. J.C. Van der Leun, Co-Chair of the Environmental Effects Assessment Panel, reported that the

1998 assessment on effects of ozone depletion was in print and would soon be distributed by UNEP. He

explained that a variety of historical factors made it understandable why so much more was known about

certain effects of ozone depletion than about others. For example, the decisive investigations linking skin

cancer in UV-B radiation had been performed in the 1940s, whereas studies on some other effects started in

the late 1970s. The variance in levels of information did not indicate any order of importance among the

various effects. It was now possible to study available quantitative effects on skin cancer, and to some

extent cataracts, under various scenarios of ozone depletion. The results indicated that the protective

efforts, started when there were still many uncertainties, were indeed necessary. In conclusion, Dr. Van der

Leun expressed his appreciation for the recommendation to the Meeting from the Open-ended Working

Group that further attention should be paid to the interactions between ozone depletion and global warming.

 He said that, from the findings reported in the 1998 environmental effects assessment, it might be

concluded that it was necessary to take into account the possible interactions working via the biosphere.

29. Dr. S. Andersen, Co-Chair of the Technology and Economic Assessment Panel reported on the

progress made and challenge ahead of the Panel. He noted that the Technology and Economic Assessment

Panel had 23 members from 17 countries and with its technical options committee had a total membership

of 225 experts from 46 countries. The significant involvement of experts from industry in the Panel's

work, ensured that the Panel possessed the necessary expertise and diversity.

30. He reported that for virtually every application of ozone-depleting substances there were now costeffective and environmentally acceptable options. There were, however, continued critical and essential

uses including those for feedstocks and process agents; solvents for space exploration; laboratory and

analytical uses; and propellants for some metered-dose-inhaler uses. Continued halon-1201 and halon1301 critical uses were covered in non-Article 5 countries from banks of halon produced before the 1994

production phase-out, while essential uses of halon-2402 were supplied from new production in the Russian

Federation, because adequate supplies were not yet available from halon banks.

31. Dr. Helen Tope, Co-Chair of the Aerosols Technical Options Committee, reported on the transition

from CFC-containing metered-dose inhalers to alternatives. In 1998, the Technology and Economic

Assessment Panel had found that CFCs remained essential for use in metered-dose inhalers for asthma and

chronic obstructive pulmonary disease, but it anticipated good progress in further transition, with minimal

need for CFCs for metered-dose inhalers expected by the year 2005 in non-Article 5 countries. Alternative,

CFC-free metered-dose inhalers and dry-powder inhalers were available in many countries with many other

products in the process of being commercialized. The Technology and Economic Assessment Panel

recommended that all Parties develop national or regional transition strategies to speed up and facilitate

transition to those alternatives. An important consideration in the transition was that patients with asthma

and chronic obstructive pulmonary disease needed a continued supply of affordable inhaled therapy. 

Parties might also wish to consider adopting a flexible global transition framework, managing CFC

stockpiles at reasonable levels, granting essential-use exemptions only to companies actively pursuing

alternatives and not allowing essential-use exemptions for CFCs for new metered-dose-inhaler products.

32. Dr. Lambert Kuijpers, Co-Chair of the Technology and Economic Assessment Panel, reported on

the status of the assessment reports by all Technical Options Committees and by the Panel. He noted that
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technical innovation continued to increase options and that some Article 5 Parties were achieving

remarkable success. He also highlighted the contents of the 1998 report of the Panel and summarized the

planned activities of the task force on replenishment, particularly during the period December 1998 to April

1999, emphasizing its tight working schedule. He concluded by mentioning that, in the coming years, the

Panel stood ready to assist the Parties study all issues, including: those areas where technology was still

rapidly proceeding and where new options entered a competitive market; the replenishment of the

Multilateral Fund for the period 2000-2002; and the evaluation of hydrofluorocarbons (HFCs) and

perfluorocarbons (PFCs) in cooperation with the relevant bodies under the United Nations Framework

Convention on Climate Change and particularly within the framework of the third IPCC assessment report.

33. Mr. Edmund Cain, Resident Representative of the United Nations Development Programme in

Egypt, said that his organization had a dynamic portfolio under the Multilateral Fund with 875 projects in

55 countries for a total value of $220 million, which would eliminate 28,782 ODP tonnes of ozonedepleting substances a year. In addition, under GEF, UNDP had programmes in nine countries, amounting

to $11.6 million and aimed at eliminating 706 ODP tonnes. UNDP had completed almost 400 activities,

which had eliminated 10,800 ODP tonnes a year. By the end of 1998, UNDP should have disbursed $120

million, or more than half of all the funds approved under its programme. UNDP also had 22 ongoing

institutional-strengthening projects. In its 1999 business plan, UNDP would significantly increase its

aerosols, halons and solvents programmes and would also help Governments to formulate several

methyl-bromide demonstration projects. Finally, he referred to the excellent cooperation between the

Implementing Agencies and the Fund Secretariat, which could serve as a model for other international

instruments.

34. Speaking on behalf of the Director of UNEP/TIE, Mr. Rajendra Shende, Chief of the UNEP/TIE

Energy and OzonAction Unit, said that the UNEP programme aimed at strengthening the capacity of

Governments and industry to take informed technical and policy decisions for the cost-effective and

expeditious phase-out of ozone-depleting substances. Having outlined the innovative approaches employed

by UNEP, which included mainstreaming small countries, building regional networks of national ozone

units, developing refrigerant management plans and forging innovative partnerships, he said that the 2002

freeze for both halons and methyl bromide presented an opportunity to extend the refrigerant-managementplanning approach to address those substances. On the interlinkages between the Kyoto and Montreal

protocols, he said that innovative, proven mechanisms, such as networking, could easily be adapted to

address both instruments and that expertise acquired under Montreal Protocol could benefit the Kyoto

process as well. 

35. Mr. Sidi Menad Si Ahmed, representing the United Nations Industrial Development Organization

(UNIDO) said that, despite being a latecomer to the Fund, having joined in late 1992, UNIDO had

succeeded in establishing programmes in 65 countries and to date had completed 169 projects with a total

phase-out of ozone-depleting substances of more than 11,000 tonnes, and he was confident that in countries

where UNIDO was active the 1999 freeze target would be achieved. Another area where UNIDO was

playing a leading role was in the methyl bromide sector; UNIDO was implementing demonstration projects

in 27 countries and was already seeing encouraging results. In accordance with the decision of the

Executive Committee of the Multilateral Fund, in 1999 UNIDO would be submitting projects for an

amount of over $42 million for small and medium-sized enterprises for a total phase-out of ozone-depleting

substances of over 4,200 tonnes.

36. Mr. Steve Gorman, the representative of the World Bank, said that the Bank's Montreal Protocol

portfolio consisted of more than 400 investment projects which, when fully implemented, would eliminate

more than 50,000 ODP tonnes of CFCs and some 41,000 ODP tonnes of other controlled substances,

including 25,600 ODP tonnes of halon consumption and 28,000 ODP tonnes of production to be phased
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out under the China halon-sector programme. Total cumulative approvals for the Bank's investment

projects were approximately $300-400 million, taking into account the GEF funds for phase-out of ozonedepleting substances. By the end of 1998, the Bank's total cumulative disbursement to enterprises was

estimated to reach some $170 million. As at the end of 1997, more than 28,000 ODP tonnes had already

been phased out, which constituted 70 per cent of total phase out from all the investment projects supported

by the Multilateral Fund. In its 1999 business plan, the Bank gave high priority to investment projects in

the CFC production sector, and projects from China and India would be submitted for the Executive

Committee's consideration in 1999. In the same sector, the Bank had also been working with the Russian

Federation to achieve a phase-out in that country in 2000. More than 50 per cent of the resources available

to the Bank in 1999 were being programmed for projects in the CFC production and halon sectors. 

However, even with the additional resources to be allocated to the production sector through the Executive

Committee's decision to place funding priority on the $7.2 million currently unallocated to any one agency's

1999 business plan, there was still a risk that available resources could prove insufficient.

37. Mr. Mohamed T. El-Ashry, Chief Executive Officer and Chairman of the Global Environment

Facility (GEF), said that GEF assistance was providing strong incentives for ratification of the Protocol

and its amendments. In addition to the projects mentioned in the report of the UNEP Executive Director

(UNEP/OzL.Pro.10/2), the GEF Council had recently approved assistance for the national ODS phase-out

programmes of Azerbaijan, Turkmenistan, Ukraine and Uzbekistan and, to date, total GEF allocations in

the ozone focal area exceeded $130 million, to help phase out more than 35 million tonnes of ozonedepleting substances in 15 countries and enable compliance with the Montreal Protocol provisions by the

year 2000. He was optimistic that the overall goal of complete phase-out of ozone-depleting substances in

all recipient countries in accordance with the schedules presented to the Parties would be achieved in a

timely and satisfactory manner.

38. In the ensuing general debate, the Meeting heard statements from the representatives of 45 Parties

to the Protocol, one intergovernmental organization and four non-governmental organizations.

39. All representatives who took the floor expressed their appreciation to the Government and people

of Egypt for their warm hospitality and for the excellent facilities and arrangements made for the meeting,

which had contributed greatly to its success. Several also paid tribute to Egypt's Dr. Mostafa Tolba, the

former Executive Director of UNEP, for his leadership and pioneering efforts in the creation and

development of the Montreal Protocol.

40. Many representatives expressed their appreciation of the work done by the assessment panels,

Implementation Committee, the Executive Committee, the Secretariat of the Multilateral Fund, the

Implementing Agencies and the Ozone Secretariat. Many also expressed their appreciation for the work

done by GEF in supporting the phase-out of ozone-depleting substances in countries with economies in

transition.

41. Many representatives pointed to the Protocol as a great and influential success in international

environmental relations as a model for environmental cooperation, based on the precautionary principle and

the principle of differentiated obligations. It was, however, stressed that there was no time for

complacency: as a truly global problem, ozone depletion required continued cooperation among all relevant

Parties, international organizations, non-governmental organizations, and corporations and industry groups,

as well as political determination.

42. Many representatives described the activities being undertaken in their countries to phase out the

consumption of substances controlled under the Montreal Protocol, including the implementation of

national regulations and the introduction of licensing systems, the ratification of the London, Copenhagen
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or Montreal Amendments, and regional cooperation. Among Parties operating under Article 5 of the

Protocol, many reiterated their commitment to meeting the 1999 freeze on levels of production and

consumption of controlled substances in Annex A of the Protocol. Some countries operating under Article

5 said that they had voluntarily undertaken to phase out the ozone-depleting substances listed in Annexes

A, B and E earlier than specified in the Montreal Protocol. One Article 5 country said that its ambitious

phase-out programme would even make it possible to phase out CFCs by 2001. One representative,

speaking on behalf of a regional economic integration organization and its member States, noted that many

of those States were involved in bilateral cooperation activities with a number of Article 5 Parties.

43. Many representatives stressed the crucial significance of the Multilateral Fund for phase-out in

Article 5 Parties and the importance that those countries attached to its adequate replenishment, bearing in

mind the fast approaching phase-out schedules after the first freeze in 1999 and their dependence on

financial support and access to replacement technologies in order to fulfil their commitments under the

Protocol. Many representatives stated that existing levels of financial assistance to developing countries

were insufficient to achieve the goals of the Protocol and said that it was essential to ensure adequate and

timely funding to Article 5 countries. It was also stressed that, in view of the limited resources available, it

was essential to ensure their most effective and proper use. One representative, while sharing that concern,

said that it should be borne in mind that all phase-out efforts were directed at the containment and

rectification of damage that had largely been caused by the developed countries. Some representatives

called for greater efforts to ensure timely contributions to the Fund.

44. Many representatives urged that, in examining issues surrounding the replenishment of the Fund

for the 2000-2002 period, the Technology and Economic Assessment Panel should pay careful attention to

the needs of Article 5 Parties if they were to meet all their obligations.

45. One representative said that financial requirements for the halons and methyl bromide sectors

needed to be taken into consideration in the preparation of the replenishment study. Several said that 

support had to be given for the establishment and operation of national ozone units. Another representative

proposed that the Technology and Economic Assessment Panel carry out an assessment of the use of

hydrocarbon technology for investment projects to be financed by the Multilateral Fund. Another

representative stressed the need for the Panel to exercise some flexibility in assessing control measures in

Article 5 countries, as what was best implemented in one country might not work well in another.

46. Several representatives said that due account should be taken of the special situation of small and

medium-sized enterprises and that more funding should be allocated to them. One representative said that,

with the introduction of cost-effectiveness thresholds for the approval of investment projects, the special

needs of those enterprises had not been adequately addressed. He hoped that the $10 million funding

window recently opened by the Executive Committee for pilot demonstration projects for such enterprises

would rectify that situation. Some other representatives drew attention to the needs of small and mediumsized enterprises in the areas of capacity-building and monitoring.

47. Many representatives drew attention to the needs to address the concerns of low-volume-consuming

countries and stressed that non-investment projects, including institutional strengthening, technical training

and consumer education, were critical elements in the overall phase-out in such countries. Accordingly,

they urged the Executive Committee to take cognizance of their important role when evaluating the needs of

such countries. Several representatives, emphasizing the important role of institutional strengthening, said

that it was all the more essential for tackling the use of ozone-depleting substances in small and mediumsized enterprises, which accounted for considerable volumes of controlled substances and were difficult to

reach with appropriate alternative technology.
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48. Some representatives expressed concern that the phase-out of carbon tetrachloride used as a

process agent had not yet been given priority by the Executive Committee, despite the 85 per cent reduction

in the consumption of carbon tetrachloride by 2005 mandated by the Protocol for Article 5 countries. To

meet those requirements, adequate and early funding from the Multilateral Fund was necessary.

49. Specific calls were also made for more financial support for workshops on awareness-raising

measures; national and regional coordination efforts; the phase-out of ozone-depleting substances used as

process agents, refrigerant management plans; introduction of licensing system for imports; training

activities; demonstration projects; public-awareness programmes; capacity-building; and the harmonization

of customs codes.

50. Concern was expressed by several representatives regarding the lack of funding for phase-out

projects in the production sector, and they called on the Multilateral Fund to increase its efforts in that

area. It was necessary to complete the formulation of guidelines for financing projects and to approve

funding as soon as possible, since failure to do so could impede the ability of some Parties to meet the 1999

freeze. One representative stressed that his country intended to convert, and not close, the production

sector and requested technical and financial assistance to that end. Another representative, noting that the

abundance and cheap supply of CFCs was discouraging conversion to non-CFC technologies, urged the

Executive Committee to expedite the necessary action to phase out the CFC production sector.

51. Several representatives expressed the view that the issue of technology transfer under the Protocol

remained an unresolved problem. In their view, more effective technology transfer was necessary for full

implementation of the Protocol by Article 5 Parties. Yet many important issues had still not been

addressed. They called on all Parties to pay full attention to that matter and adopt timely and effective

measures. Several representatives also pointed to the high costs of substitutes as one of the major

impediments to phase-out in Article 5 countries and stressed the need to make them available at affordable

prices.

52. Many representatives considered it unacceptable that the Multilateral Fund should continue to

finance the use of controlled substances such as HCFCs, where viable alternatives existed. The present

state of technology enabled developing countries to benefit from the most recent industrial experiences and,

as a result, in the majority of cases, a transitional stage based on HCFCs was to be avoided. In addition,

one representative, speaking on behalf of a regional economic integration organization and its member

States, drew attention to a declaration sponsored by those Parties on the issue of HCFCs, as well as on

HFCs and PFCs, which they encouraged other Parties to join.

53. One representative regretted that, as shown by recent evidence, there were frequent and substantial

gaps in the information provided for Governments and firms in the Article 5 countries.

54. One representative, addressing the question of HCFCs, expressed support for the sovereign rights

of all Parties to select the technologies that they believed to be the most viable in their specific context. 

Underlining the importance of ensuring that such decisions were taken in a fully informed manner, he

supported the way in which the Multilateral Fund operated and noted that Parties had already decided to

permit States to continue to use HCFCs for a relatively longer period of time as a bridge to facilitate

earliest possible phase-out of CFCs. With regard to HFCs and PFCs, which had no harmful effects on the

ozone layer, he believed that any international decisions about those non-ozone-depleting gases had to be

taken by climate-change institutions. 

55. One representative expressed concern at the possibility of higher prices and a restricted supply of

HFCs to Article 5 countries that had already converted to those substances in the event that they were
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controlled in developed countries. He was therefore pleased that the Meeting of the Parties had before it a

draft decision on the implications of the Kyoto Protocol on the Montreal Protocol. Another representative

urged the Parties to consider the basic principles of the Protocol concerning cost as well as social and

economic disruption when considering future action on HFCs as well as new ozone-depleting substances.

56. Many representatives noted the importance of harmonizing the efforts of the Montreal Protocol and

the United Nations Framework Convention on Climate Change and its Kyoto Protocol, a matter that was of

particular concern to small island developing States and other countries that were vulnerable to sea-level

rise. One representative, pointing to the many millions of dollars disbursed to developing countries by the

Multilateral Fund to introduce HFC technologies as alternatives to CFCs, said that possible future controls

could cause them great hardship. In that context, he said that the Fund would provide no assistance for

developing countries to change over to a new technology for a second time. One representative stated that

Article 5 Parties which were in the midst of the phase-out process were particularly concerned about the

matter and needed immediate and good answers so that the momentum of phase-out could be maintained. 

One representative, speaking on behalf of a regional economic integration organization and its member

States, believed that HFCs and PFCs should not be promoted where other, environmentally friendly and

technically and economically feasible alternative technologies were available. One representative suggested

that national focal points for the two regimes should coordinate their efforts.

57. One representative, speaking on behalf of a regional economic integration organization and its

member States, said that the Montreal Protocol marked the first time that Parties to a multilateral

environmental agreement had approved and were applying a formal compliance procedure regarding

implementation by individual Parties. Compliance lay at the heart of Parties' commitments to protect the

ozone layer.

58. Several representatives praised the progress made by the Implementation Committee, the Ad Hoc

Working Group of Legal and Technical experts on Non-Compliance, and the Open-Ended Working Group

in discussing matters relating to non-compliance. One representative stressed the importance of taking

positive measures as part of that process in order to help Parties fulfil their obligations, rather than

adopting punitive measures that could have more harmful impacts on implementation.

59. Another representative drew attention to funding initiatives to assist non-compliant countries with

economies in transition, particularly those which were undergoing economic and financial crises.

60. Many representatives expressed concern at the dumping of second-hand equipment in developing

countries based on the use of controlled substances, which constituted an extra impediment to the

implementation of the Montreal Protocol. One representative proposed that the Secretariat should support

developing countries in their efforts to ban such equipment. Others pointed to the enactment of national

legislation prohibiting the import of products or equipment using ozone-depleting substances. Several

representatives expressed support for the draft decision before the Meeting on the issue. One representative

said that, as many of those transactions did not involve the remittance of funds through banks, monitoring

the import of such items was difficult. Mitigating that problem would require the introduction of controls

at the point of export and he solicited the cooperation of developed countries to that end. Another

representative suggested the introduction of a requirement for conversion of such equipment before it was

exported.

61. Several non-compliant Parties reaffirmed their commitment to comply with the Montreal Protocol

despite their economic and financial difficulties. One representative, drawing attention to the economic

crisis in his country, asked the Secretariat to show understanding in case of a slight delay in the

implementation of its phase-out programme.
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62. Many representatives noted the importance of fully implementing controls on methyl bromide. 

Several urged that the Executive Committee should provide more funds for the development and

demonstration of methyl-bromide phase-out projects. Another representative stated that the prioritization

of methyl- bromide projects within the Executive Committee had no clear basis and was largely the result

of inadequate funding levels. One representative stressed the need to maintain, for the time being, the

exemption for quarantine and pre-shipment application. One representative emphasized that while there

should be no delay in introducing proven alternatives to methyl bromide, those alternatives must have been

demonstrated to be applicable in the environmental, geographic, agricultural and economic circumstances

of the Parties concerned.

63. One representative believed that the Multilateral Fund was adopting guidelines and criteria that

restricted access to its resources for some countries. With regard to methyl bromide phase-out, he

considered that, in view of the limited time available and the anticipated surplus in the $60 million allocated

for the triennium 1997-1999, it was important that such funds be made available to all countries promptly,

without initially limiting them to only a few priority projects.

64. Many representatives expressed concern over the continued illegal trade in ozone-depleting

substances, noting that it threatened the goals of the Protocol, and called for joint efforts by all

Governments to counter it. Some representatives also detailed their own efforts, including licensing

legislation systems, to address the problem.

65. One representative suggested that customs duties could be used as a mechanism to control imports

of CFCs, with incentives for the import of non-CFC equipment. Others suggested that there should be

better coordination with customs authorities in the area of controlled substances. 

66. Many representatives emphasized that it was the responsibility of the Parties to ensure that any

decision taken on the issue of CFC-free metered-dose inhalers did not jeopardize the health care of millions

of asthma patients in developing countries by imposing a significant financial burden on them. To that end,

they looked forward to future transfers of the technology to produce HFC-134a and CFC-free metered-dose

inhalers on fair and most favourable conditions. One representative expressed the hope that the developed

countries could continue to assist Article 5 countries in their transition to CFC-free metered-dose inhalers,

particularly in campaigning to educate patients and medical programmes.

67. Many representatives expressed concern regarding the potential impact on the ozone layer of new

ozone-depleting substances. Potential efforts to limit the development and market introduction of new

ozone-depleting substances should be studied by the Technology and Economic Assessment Panel and

considered on a priority basis by the Parties at future meetings.

68. A number of representatives, while expressing gratitude for the support provided to enable

participation by Article 5 countries in meetings convened under the Protocol, suggested that additional

funding should be made available for that purpose to enable a larger number of countries to contribute to

the common cause of ozone-layer protection.

69. Observers representing environmental non-governmental organizations called on Parties to stop

using the scarce resources of the Multilateral Fund for projects based on HCFCs and HFCs, as alternative

and environmentally safe technologies were available. The view was expressed that, since the global

chemical industry bore responsibility for the damage to the ozone layer, it had a moral responsibility to help

repair such damage, and should provide financial resources to help speed up the global phase-out of ozonedepleting substances. It was also suggested that the loop-hole in the Protocol that allowed unlimited use of
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methyl bromide for quarantine and pre-shipment purposes needed to be closed by Parties taking a proactive

approach and, at the next Meeting of the Parties, severely limiting the use of such methyl bromide

exemptions. In addition, Parties had to send an unequivocal message to the chemical industry that any new

ozone-depleting substances would be automatically placed on the fast track for phase-out, and that npropyl bromide and bromochloromethane should be immediately banned. Asserting that current CFC

production was more than double what had been predicted by the 1994 Scientific Assessment, one observer

considered that Parties should prohibit exports of all CFC-dependent equipment and products from nonArticle 5 Parties and urgently accelerate the phase-out scheduled for CFC production in all countries. On

the subject of replenishment of the Multilateral Fund, it was stated that, while there was no suggestion that

developing countries were free from responsibility in the effort to phase out all ozone-depleting substances,

it was necessary for the Multilateral Fund to be replenished to levels that would help them to attain their

targets on schedule.

70. The representative of an industrial non-governmental organization expressed the view that HFCs

were viable and proven solutions to the problems addressed by the Montreal Protocol and Kyoto Protocol

process. In the view of his members, HFCs were energy efficient, low in toxicity, cost-effective

alternatives to ozone-depleting substances that could be used safely in a broad range of applications which

meet important environmental and societal needs including metered-dose inhalers, insulation, refrigeration,

air-conditioning, aerosols and fire-extinguishers. Restricting access to HFCs and HCFCs for use as

alternatives to CFCs would undermine the flexibility which had proven so important in the rapid transition

from ozone-depleting substances.

IV. PRESENTATION OF A REPORT BY THE CO-CHAIRS OF THE OPEN-ENDED

WORKING GROUP AND CONSIDERATION OF THE RECOMMENDATIONS

OF THE OPEN-ENDED WORKING GROUP AND DECISIONS

71. The Tenth Meeting of the Parties heard a report from the Co-Chairs of the Open-ended Working

Group of the Parties, presented by Mr. Jukka Uosukainen (Finland), speaking also on behalf of the other

Co-Chair, Mr. V. Anand (India). He outlined the main issues covered in the deliberations of the Working

Group, as contained in document UNEP/OzL.Pro/WG.1/18/2, and referred to the draft decisions negotiated

by the Working Group for the attention of the Meeting of the Parties and contained in document

UNEP/OzL.Pro.10/7/Rev.2.

V. REPORT OF THE PRESIDENT OF THE IMPLEMENTATION COMMITTEE

72. Mr. Peter Acquah (Ghana), President of the Implementation Committee under the Non-Compliance

Procedure for the Montreal Protocol, reported that the Implementation Committee had held its twentieth

meeting on 6 and 7 July 1998 in Geneva, and its twenty-first meeting on 16 November 1998 in Cairo, and

reviewed the data on production and consumption of ozone-depleting substances for 1996 submitted by

Parties and compiled by the Secretariat.

73. He said that since the 1 July 1999 freeze for Article 5 Parties was imminent, the Implementation

Committee had decided to be more analytical in its assessment and to demand benchmarks and monitorable

indicators from Parties that were non-compliant with the Protocol. The twentieth and twenty-first meetings

of the Implementation Committee had marked a watershed for the Committee. In that regard, the absence

of three members at the twenty-first meeting of the Implementation Committee was a source of concern.

74. The Committee had noted the following areas of success, as shown in the report of the Secretariat
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on the reporting of data by the Parties to the Montreal Protocol (UNEP/OzL.Pro.10/3): 

(a) Twenty-six Article 5 Parties had decreased their consumption of CFCs for the previous

three years or more;

(b) Thirty-nine of the 90 Article 5 Parties that had reported data for 1996 as at 6 July 1998,

had reported zero consumption of halons;

(c) Fifty of the 90 Article 5 Parties that had reported data for 1996 as at 6 July 1998, had

reported zero consumption of carbon tetrachloride;

(d) Forty-three of the 90 Article 5 Parties that had reported data for 1996 as at 6 July 1998,

had reported zero consumption of methyl chloroform.

75. There were also some individual cases deserving special mention, namely:

(a) China, after six years of rising consumption, had decreased consumption of CFCs from

1995 to 1996 by over 20 per cent. It had also agreed with the Multilateral Fund to a halon phase-out

schedule that was significantly faster than that required by the Protocol;

(b) Kenya had decreased its CFC consumption by 35 per cent from 1995 to 1996 ;

(c) Ghana had decreased CFC consumption by over 60 per cent from 1995 to 1996;

(d) Sudan and Thailand had decreased their CFC consumption by over 30 per cent from 1995

to 1996;

(e) Uruguay had decreased its CFC consumption by over 30 per cent from 1995 to 1996.

76. For the first time, Article 5 Parties were reporting their data more promptly than non-Article 5

Parties. The improved data-reporting by Article 5 Parties was attributable to the commendable initiatives

taken by the Implementing Agencies, particularly the regional networking of ozone office officials in

developing countries. There was, however, still room for improvement if data-reporting discrepancies were

to be eliminated.

77. He drew attention to the three areas of serious concern identified by the members of the

Implementation Committee: seven Parties had never reported any data; nine Parties had not reported any

data for the past three years, which was noteworthy, since reported data for 1996 to 1997 would constitute

the basis for establishing a baseline for compliance by Article 5 Parties with the CFC freeze; and, even

though it was legal under the Protocol, 14 Parties that had received a total of approximately $18 million

from the Multilateral Fund in support of projects to reduce consumption and assist in phasing out ozonedepleting substances, had actually increased CFC consumption over the past three years.

78. At its twentieth meeting, the Implementation Committee had considered non-compliance with the

Protocol by the following non-Article 5 Parties: Azerbaijan, Belarus, Czech Republic, Estonia, Latvia,

Lithuania, Russian Federation, Ukraine and Uzbekistan. The recommendation of the Committee on each of

those cases had been conveyed to the Parties concerned, which had been requested to send the relevant

information to the Secretariat by 30 September 1998. The information made available to the Committee

before the twenty-first meeting of the Implementation Committee had been reviewed and its

recommendations had been considered by the Open-Ended Working Group at its eighteenth meeting and a
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revised version adopted and forwarded to the Tenth Meeting of the Parties for its further consideration.

79. As requested by several representatives, the Implementation Committee had considered the conflict

between the regular data-reporting period and that to be used to examine compliance with the freeze in the

production and consumption of ozone-depleting substances in Parties operating under Article 5, which

would begin on 1 July 1999. The Committee believed that the control periods under paragraph 8 bis of

Article 5 of the Protocol for Annex A, Group I, substances should be maintained. It believed, however,

that, in its future meetings, the Implementation Committee should take due cognizance of the problems that

were likely to arise, which could be important in cases of non-compliance.

80. He said that the information made available to the Implementation Committee by the Secretariat

generally provided a basis for optimism. Overall, the Parties (Article 5 and non-Article 5) that had

reported data for 1996 had decreased production of CFCs by 85 per cent, halons by 77 per cent, other fully

halogenated CFCs by 104 per cent, carbon tetrachloride by 122 per cent, methyl chloroform by 98 per cent

and methyl bromide by 4 per cent. Only the production of HCFCs had increased, by 115 per cent.

81. The data also showed that the overall consumption of CFCs had decreased by 84 per cent, halons

by 79 per cent, carbon tetrachloride by 89 per cent, methyl chloroform by 96 per cent, compared to 1986. 

The consumption of HCFCs had declined by 40 per cent compared to the 1989 baseline, which was

calculated by adding 2.8 per cent of 1989 CFC consumption to the actual HCFC consumption for that

year. The consumption of methyl bromide had declined by 5 per cent.

82. Finally, since the 1999 freeze was just eight months away, he urged all Article 5 Parties to submit

their reports for 1995, 1996 and 1997, so that their baseline could be established.

VI. REPORT OF THE CHAIR OF THE EXECUTIVE COMMITTEE OF

THE MULTILATERAL FUND

83. Mr. Marco Gonzalez (Costa Rica), Chair of the Executive Committee of the Multilateral Fund said

that, in 1998, the Fund Secretariat had conducted a study of more than 100 Article 5 countries on their

ability to comply with the 1999 freeze on CFC consumption and more than 70 per cent of those countries,

including all but one of the high-level consuming countries had submitted the required data. On the basis

of the data submitted, he was optimistic that the control on CFCs in Article 5 countries would be

implemented. 

84. Drawing attention to salient features of the report of the Executive Committee to the Tenth

Meeting of the Parties at its nineteenth meeting (UNEP/OzL.Pro.10/6), he noted that the Fund had

approved more than 2,500 investment projects and activities to eliminate more than 117,000 tonnes of

ozone-depleting substances, and in 1998 alone it had approved projects to eliminate more than 37,000

tonnes. At the end of 1997 more than 46,000 tonnes of ozone-depleting substances had been eliminated

and that figure was expected to increase by an additional 34,000 tonnes by the end of 1998.

85. The Executive Committee had undertaken a number of strategic activities in 1998, including a

$62 million strategic plan in the halon sector in China. Approval of that plan would enable the Executive

Committee to consider phase-out projects on the basis of entire sectors, which would, in turn, instil in

recipient Governments a greater sense of responsibility for the phase-out of ozone-depleting substances. 

To that end, the Committee had also launched a pilot programme for small and medium-enterprises. In

addition, in 1998, it had made progress in the development of guidelines for the financing of investment

projects for phase-out in the production sector and had conducted technical audits in most manufacturing
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plants in China and India, with a view to estimating compensation levels for plant closure.

86. The Committee had also given close attention to the issue of administrative costs of the

Implementing Agencies and, at its most recent meeting, had agreed to apply a rate of less than 13 per cent

for projects between $500,000 and $5 million and to consider projects over $5 million on a case-by-case

basis. He stressed that the reduction would apply neither to projects below $500,000 nor to those relating

to the small and medium-sized enterprise window.

87. The Committee had developed guidelines for the preparation of methyl-bromide projects,

approving more than $18 million for investment and demonstration projects in 40 Article 5 countries. It

had also expanded its project monitoring and evaluation system, with a view to enhancing the

accountability of the Multilateral Fund.

88. Together with GEF, the Committee had provided concessional lending for a refrigeration

conversion programme in Thailand and work continued on the development of a concessional lending

mechanism under the Fund.

89. Among future challenges facing the Committee, he drew attention to the mandatory requirement for

Article 5 countries to work towards phase-out targets under the Protocol, once they had implemented the

July 1999 freeze. Success in that area would require a strengthened commitment by Parties and

strengthened leadership by the Multilateral Fund. Noting that, despite the significant achievements of past

years, victory was still a long way off, he stressed the need for continued financial support to the

Multilateral Fund to enable it fully to meet its objectives. 

VII. DATE AND VENUE OF THE ELEVENTH MEETING OF THE PARTIES

90. Under this item, the Tenth Meeting of the Parties accepted with appreciation an offer by the

Government of China to host the Eleventh Meeting of the Parties, in 1999.

91. The Secretariat said that, given the dates already set for the fifth meeting of the Conference of the

Parties to the United Nations Framework Convention on Climate Change and for the GEF Council, the

Eleventh Meeting would probably start in the last week of November 1999. The exact dates would be

decided upon in due course and communicated to all Parties.

VII. ADOPTION OF DECISIONS

92. The Meeting of the Parties adopted a number of decisions, on the basis of the recommendations

submitted by the seventeenth and eighteenth meetings of the Open-ended Working Group

(UNEP/OzL.Pro.10/7/Rev.2). The text of the decisions, as adopted by consensus, is contained in

paragraph 0 below.

A. Decisions

93. The Tenth Meeting of the Parties decides:

Decision X/1. Ratification of the Vienna Convention, Montreal Protocol,

London, Copenhagen and Montreal Amendments
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1. To note with satisfaction the large number of countries that have ratified the Vienna Convention

for the Protection of the Ozone Layer and the Montreal Protocol on Substances that Deplete the

Ozone Layer;

2. To note that many Parties have yet to ratify the London, Copenhagen and Montreal Amendments

to the Montreal Protocol;

3. To urge all States that have not yet done so to ratify, approve or accede to the Vienna Convention

and the Montreal Protocol and its Amendments, taking into account that universal participation is

necessary to ensure the protection of the ozone layer;

Decision X/2. Data and information provided by the Parties in accordance

with Articles 7 and 9 of the Montreal Protocol

1. To note with regret that, as of 31 October 1998, only 88 of the 164 Parties that should have

reported data for 1997 had done so;

2. To remind all Parties to comply with the provisions of Articles 7 and 9 of the Protocol;

Decision X/3. Membership of the Implementation Committee

1. To note with appreciation the work done by the Implementation Committee;

2. To confirm the positions of Bolivia, Kenya, Latvia, Pakistan and the United States of America for

one further year and to select Antigua and Barbuda, Mali, Poland, Saudi Arabia, and the United

Kingdom as members of the Committee for a two-year period;

Decision X/4. Membership of the Executive Committee of the Multilateral Fund

1. To note with appreciation the work done by the Executive Committee, with the assistance of the

Fund Secretariat, in the year 1998;

2. To endorse the selection of Belgium, Canada, Italy, Japan, Slovakia, Sweden, and the United

States of America, as members of the Executive Committee representing Parties not operating

under paragraph 1 of Article 5 of the Protocol, and the selection of Algeria, Bahamas, Brazil,

Burkina Faso, China, India and Uganda, as members representing Parties operating under

paragraph 1 of Article 5, for one year effective 1 January 1999;

3. To endorse the selection of the United the States of America to act as Chair and of India to act as

Vice-Chair of the Executive Committee for one year effective 1 January 1999;

Decision X/5. Co-Chairs of the Open-ended Working Group of the Parties to the

Montreal Protocol

- To endorse the selection of Mr. Ibrahim Abdel Gelil (Egypt) and Mr. Jukka Uosukainen (Finland)

as Co-Chairs of the Open-ended Working Group of the Parties to the Montreal Protocol for 1999;
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Decision X/6. Essential-use nominations for non-Article 5 Parties for controlled substances

for 1999 and 2000

1. To note with appreciation the excellent work done by the Technology and Economic Assessment

Panel and its technical options committees;

2. That the levels of production and consumption necessary to satisfy essential uses of CFC-11,

CFC-12, CFC-113 and CFC-114, for metered-dose inhalers for asthma and chronic obstructive

pulmonary diseases, CFC-113 for use in the coating of cardiovascular surgical material and

halon-2402 for fire protection are authorized as specified in annex I to the report of the Tenth

Meeting of the Parties, subject to the conditions established by the Meeting of the Parties in

paragraph 2 of its decision VII/28;

3. To agree that the remaining quantity of methyl chloroform authorized for the United States at

previous meetings of the Parties be made available for use in manufacturing solid rocket motors

until such time as the 1999-2001 quantity of 176.4 tonnes (17.6 ODP-weighted tonnes) allowance

is depleted, or until such time as safe alternatives are implemented for remaining essential uses;

4. To approve the authorization by the Secretariat in consultation with the Technology and Economic

Assessment Panel of the emergency uses of 1.7 tonnes of CFC-113 for 1997 and 1998 for torpedo

maintenance submitted as an essential-use nomination by Poland;

5. That the quantities approved under paragraph 2 above and all future approvals are for total CFC

volumes with flexibility between CFCs within each group;

Decision X/7. Halon-management strategies

Noting that in the executive summary of its 1998 report, the Scientific Assessment Panel identifies

complete elimination and destruction of halon-1211 and 1301 as the most environmentally

beneficial option to enhance the recovery of the ozone layer,

Noting that the Technology and Economic Assessment Panel, in its 1998 report pursuant to

decision IX/21, concludes that by definition all non-critical uses of halon-1211 and 1301 can be

decommissioned, taking into account the costs and benefits of such operations,

1. To request all Parties to develop and submit to the Ozone Secretariat a national or regional

strategy for the management of halons, including emissions reduction and ultimate elimination of

their use;

2. To request Parties not operating under Article 5 to submit their strategies to the Ozone Secretariat

by the end of July 2000;

3. In preparing such a strategy, Parties should consider issues such as:

(a) Discouraging the use of halons in new installations and equipment;

(b) Encouraging the use of halon substitutes and replacements acceptable from the standpoint
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of environment and health, taking into account their impact on the ozone layer, on climate

change and any other global environmental issues;

(c) Considering a target date for the complete decommissioning of non-critical halon

installations and equipment, taking into account an assessment of the availability of halons

for critical uses;

(d) Promoting appropriate measures to ensure the environmentally safe and effective recovery,

storage, management and destruction of halons;

4. To request the Technology and Economic Assessment Panel to update its assessment of the future

need for halon for critical uses, in light of these strategies;

5. To request the Technology and Economic Assessment Panel to report on these matters to the

Twelfth Meeting of the Parties;

Decision X/8. New substances with ozone-depleting potential

Recalling that, under the Montreal Protocol, each Party has undertaken to control the global

emissions of ozone-depleting substances with the ultimate objective of their elimination,

Recalling that decision IX/24 requested Parties to discourage the development and promotion of

substances with a significant potential to deplete the ozone layer and provides a procedure for

notifying such substances to the Secretariat and their evaluation by the Science Assessment Panel

and the Technology and Economic Assessment Panel,

1. That all Parties should take measures actively to discourage the production and marketing of

bromochloromethane;

2. To encourage Parties, in the light of reports from the Scientific Assessment Panel and the

Technology and Economic Assessment Panel, to take measures actively, as appropriate, to

discourage the production and marketing of new ozone-depleting substances;

3. That should new substances be developed and marketed which, following application of decision

IX/24, are agreed by the Parties to pose a significant threat to the ozone layer, the Parties will take

appropriate steps under the Protocol to ensure their control and phase-out;

4. That Parties should report to the Secretariat, as far as possible by 31 December 1999, and as

necessary thereafter, on any new ozone-depleting substances notified and evaluated under the terms

of decision IX/24 being produced or sold in their territories, including the nature of the substances,

the quantities involved, the purposes for which these substances are being marketed or used and, if

possible, the names of the producers and distributors;

5. To request the Technology and Economic Assessment Panel and the Science Assessment Panel,

taking into account, as appropriate, assessments carried out under decision IX/24, to collaborate in

undertaking further assessments:

(a) To determine whether substances such as n-propyl bromide, with a very short atmospheric

life-time of less than one month, pose a threat to the ozone layer;
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(b) To identify the sources and availability of halon-1202;

and to report back to the Meeting of the Parties as soon as possible, but not later than the Twelfth

Meeting of the Parties;

6. To request the legal drafting group which the Open-ended Working Group may establish to

consider and report back to the Eleventh Meeting of the Parties through the Open-ended Working

Group on the options available under the Montreal Protocol to introduce controls on new

ozone-depleting substances;

Decision X/9. Establishment of a list of countries that do not manufacture for

domestic use and do not wish to import products and equipment

whose continuing functioning relies on Annex A and

Annex B substances

1. To recall that decision IX/9 recommends:

(a) That each Party adopt legislative and administrative measures, including labelling of

products and equipment, to regulate the export and import, as appropriate, of products,

equipment, components and technology whose continuing functioning relies on supply of

substances listed in Annex A and Annex B of the Montreal Protocol, in order to avert any

adverse impact associated with the export of such products and equipment using

technologies that are or will soon be obsolete because of their reliance on Annex A or

Annex B substances and which would be inconsistent with the spirit of the Protocol,

including decision I/12 C of the First Meeting of the Parties to the Protocol, held in

Helsinki in 1989;

(b) That non-Article 5 Parties adopt appropriate measures to control, in cooperation with

importing Article 5 Parties, the export of used products and equipment, other than personal

effects, whose continuing functioning relies on supply of substances listed in Annex A and

Annex B of the Montreal Protocol;

2. To note that in order for such export measures to be effective, both importing and exporting Parties

need to take appropriate steps;

3. To note that the products and equipment listed below* constitute categories of products and

equipment whose continued use relies on the supply of substances listed in Annex A or Annex B;

4. To invite, on a voluntary basis, those Parties that do not manufacture for domestic use products

and equipment in a category listed below* and that do not permit the importation of such products

 

 * Products and equipment containing a controlled substance specified in Annex A or B of the

Montreal Protocol: 1) Automobile and truck air conditioning units (whether incorporated in vehicles or

not); 2) domestic and/or commercial refrigeration and air conditioning/heat pump equipment (when

containing controlled substances in Annex A or Annex B as a refrigerant and/or in insulating material of

the product) (e.g. refrigerators, freezers, dehumidifiers, water coolers, ice machines, air conditioning and

heat pump units); 3) transport refrigeration units; 4) aerosol products, except medical aerosols; 5) portable

fire extinguisher; 6) insulation boards, panels and pipe covers; 7) pre-polymers.
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and equipment from any source, to inform the Secretariat, if they so choose, that they do not

consent to the importation of such products and equipment;

5. To request the Secretariat to maintain a list of Parties that do not want to receive products and

equipment from one or more categories listed below.* This list shall be distributed to all Parties

by the Secretariat at the Eleventh Meeting of the Parties and updated on an annual basis thereafter;

6. To acknowledge that the issue of imports and exports of products and equipment whose continued

functioning relies on Annex A and Annex B substances should be further considered at the

Eleventh Meeting of the Parties with a view to addressing more specifically the concerns of

countries in the process of phasing out production of those products and equipment;

Decision X/10. Review of the non-compliance procedure

Recalling decision IV/5 on a non-compliance procedure of the Montreal Protocol adopted by the

Fourth Meeting of the Parties,

Recalling also decision IX/35 on review of the non-compliance procedure adopted by the Ninth

Meeting of the Parties,

Noting the report of the Ad Hoc Working Group of Legal and Technical Experts on

Non-Compliance established by decision IX/35 (UNEP/OzL.Pro/WG.4/1/3) and, in particular, its

conclusion that in general the non-compliance procedure has functioned satisfactorily but that

further clarification was desirable and that some additional practices should be developed to

streamline the procedure,

1. To express appreciation to the Ad Hoc Working Group for its report reviewing the non-compliance

procedure;

2. To agree on the following changes in the text with a view to clarifying particular paragraphs of the

non-compliance procedure:

(a) In paragraph 2, the following should be substituted for the last sentence:

If the Secretariat has not received a reply from the Party three months after sending it the

original submission, the Secretariat shall send a reminder to the Party that it has yet to

provide its reply. The Secretariat shall, as soon as the reply and information from the

Party are available, but not later than six months after receiving the submission, transmit

the submission, the reply and the information, if any, provided by the Parties to the

Implementation Committee referred to in paragraph 5, which shall consider the matter as

soon as practicable.

(b) In paragraph 3, the following should be substituted for the word accordingly at the end

of the paragraph:

, which shall consider the matter as soon as practicable

(c) In paragraph 5:
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(i) The following should be inserted after the second sentence:

Each Party so elected to the Committee shall be requested to notify the

Secretariat, within two months of its election, of who is to represent it and shall

endeavour to ensure that such representation remains throughout the entire term of

office.

(ii) The following should be inserted after the third sentence:

A Party that has completed a second consecutive two-year term as a Committee

member shall be eligible for election again only after an absence of one year from

the Committee.

(d) In paragraph 7, the following subparagraph should be inserted after subparagraph (c):

(d) To identify the facts and possible causes relating to individual cases of

non-compliance referred to the Committee, as best it can, and make appropriate

recommendations to the Meeting of the Parties;

and the subsequent subparagraphs should be renumbered accordingly;

3. To agree, consistent with the Implementation Committee's practice of reviewing all

instances of non-compliance, that in situations where there has been a persistent pattern of

non-compliance by a Party, the Implementation Committee should report and make

appropriate recommendations to the Meeting of the Parties with the view to ensuring the

integrity of the Montreal Protocol, taking into account the circumstances surrounding the

Party's persistent pattern of non-compliance. In this connection, consideration should be

given to progress made by a Party towards achieving compliance and measures taken to

help the non-compliant Party return to compliance;

4. To draw the attention of Parties to the amended non-compliance procedure as set out in

annex II to the report of the Tenth Meeting of the Parties;

5. To consider, unless the Parties decide otherwise, the operation of the non-compliance

procedure again no later than the end of 2003;

Decision X/11. Quarantine and pre-shipment exemption

Noting the Technology and Economic Assessment Panel's findings that over 18 per cent of

methyl-bromide use is estimated to have been excluded from control under the quarantine and

pre-shipment exemption, and that this use is increasing in some regions according to official data,

Noting also that the operation of the exemption criteria might lead to unnecessary use of methyl

bromide;

1. To request the Technology and Economic Assessment Panel, as part of its ongoing work:

(a) To assess the volumes and uses of methyl bromide under the quarantine and pre-shipment

exemption, including the trend in use since the 1991 base year;
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(b) To report on the existing and potential availability of alternative substances and

technologies, identifying those applications where alternative treatments do not currently

exist, and also on the availability and economic viability of recovery, containment and

recycling technologies;

(c) To report on the operation of quarantine and pre-shipment exemptions as set out in

decision VII/5, including the scope of the pre-shipment definition;

(d) To report on existing and potential options that individual Parties might consider to reduce

the use and emissions of methyl bromide from its application under the quarantine and

pre-shipment exemption and to elaborate further on their recommendations in previous

reports, and taking into account the special circumstances of Parties operating under

paragraph 1 of Article 5 of the Protocol;

(e) To review and report on the amendment by the International Plant Protection Convention

(IPPC) to its quarantine and non-quarantine pests definitions, and the FAO/IPPC structure

relative to the use of pesticides for regulated non-quarantine pests, to help determine

whether clarification of the definitions of quarantine and pre-shipment, taking into account

these FAO/IPPC usages, would help encourage consistency in the quarantine and

pre-shipment definitions;

(f) To submit its findings to the Open-ended Working Group of the Parties to the Montreal

Protocol at its first meeting in 1999;

2. To request the Open-ended Working Group, in the light of the report of the Technology and

Economic Assessment Panel, to make any appropriate recommendations for consideration by the

Eleventh Meeting of the Parties;

3. To request the Parties to submit to the Secretariat by 31 December 1999 a list of regulations that

mandate the use of methyl bromide for quarantine and pre-shipment treatments;

4. To remind the Parties of the need to report on the volumes of methyl bromide consumed under the

quarantine and pre-shipment exemption as set out in decision IX/28;

Decision X/12. Emissions of ozone-depleting substances from

feedstock applications

Noting the report of the Technology and Economic Assessment Panel that emissions from the use

of carbon tetrachloride as feedstock in the manufacture of CFCs are estimated to be around 30,000

tonnes per year,

Concerned that this level of emissions may pose a threat to the ozone layer,

Aware that technology exists to reduce such emissions,

- To request the Technology and Economic Assessment Panel to investigate further and to report to

the Parties at their Twelfth Meeting on:
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(a) Emissions of carbon tetrachloride from its use as feedstock, including currently available

and future possible options individual Parties may consider for the reduction of such

emissions;

(b) Emissions of other ozone-depleting substances arising from the use of controlled

substances as feedstock;

(c) The impact of CFC production phase-out on the future use of carbon tetrachloride as

feedstock and emissions from such use;

Decision X/13. Terms of reference for a study on the 2000-2002 replenishment of the

Multilateral Fund

1. To request the Technology and Economic Assessment Panel to prepare a report for submission to

the Eleventh Meeting of the Parties, and present it through the Open-ended Working Group at its

nineteenth meeting, to enable the Eleventh Meeting of the Parties to take a decision on the

appropriate level of the 2000-2002 replenishment of the Multilateral Fund. In preparing its report,

the Panel should take into account, inter alia:

(a) All control measures, and relevant decisions, agreed by the Parties to the Montreal

Protocol, including decisions agreed by the Tenth Meeting of the Parties, in so far as these

will necessitate expenditure by the Multilateral Fund during the period 2000-2002;

(b) The need to allocate resources to enable all Article 5 Parties to maintain compliance with

the Montreal Protocol;

(c) Agreed rules and guidelines for determining eligibility for funding of investment projects

(including the production sector) and non-investment projects;

(d) Approved country programmes;

(e) Financial commitments in 2000-2002 relating to sectoral phase-out projects agreed by the

Executive Committee;

(f) Experience to date, including limitations and successes of the phase-out of ozone-depleting

substances achieved with the resources already allocated, as well as the performance of the

Multilateral Fund and its Implementing Agencies;

(g) The impact that the controls and country activities are likely to have on the supply and

demand for ozone-depleting substances, and the effect that this will have on the cost of

ozone-depleting substances and the resulting incremental cost of investment projects during

the period under examination;

(h) Administrative costs of the Implementing Agencies, taking into account paragraph 6 of

decision VIII/4, and the cost of financing the secretariat services of the Multilateral Fund,

including holding meetings;

2. That, in undertaking this task, the Technology and Economic Assessment Panel should consult

widely with relevant persons and institutions and other relevant sources of information deemed

useful;
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3. That the Panel shall strive to complete its work in time to enable its report to be distributed to all

Parties two months before the nineteenth meeting of the Open-ended Working Group;

Decision X/14. Process agents

Noting with appreciation the report of the Technology and Economic Assessment Panel and the

Process Agent Task Force in response to decision VII/10,

Noting the findings of the Technology and Economic Assessment Panel that emissions from the use

of ozone-depleting substances as process agents in non-Article 5 Parties are comparable in quantity

to the insignificant emissions of controlled substances from feedstock uses, and that yet further

reductions in use and emissions are expected by 2000,

Noting also the Technology and Economic Assessment Panel's findings that emissions from the use

of controlled substances as process agents in countries operating under Article 5, paragraph 1, are

already significant and will continue to grow if no action is taken,

Recognizing the usefulness of having the controlled substances produced and used as process

agents clearly delineated within the Montreal Protocol,

1. That, for the purposes of this decision, the term "process agents" should be understood to mean the

use of controlled substances for the applications listed in table A below;

2. For non-Article 5 Parties, to treat process agents in a manner similar to feedstock for 1998 and

until 31 December 2001;

3. That quantities of controlled substances produced or imported for the purpose of being used as

process agents in plants and installations in operation before 1 January 1999, should not be taken

into account in the calculation of production and consumption from 1 January 2002 onwards,

provided that:

(a) In the case of non-Article 5 Parties, the emissions of controlled substances from these

processes have been reduced to insignificant levels as defined for the purposes of this

decision in table B below;

(b) In the case of Article 5 Parties, the emissions of controlled substances from process-agent

use have been reduced to levels agreed by the Executive Committee to be reasonably

achievable in a cost effective manner without undue abandonment of infrastructure. In so

deciding, the Executive Committee may consider a range of options as set out in paragraph

5 below;

4. That all Parties should:

(a) Report to the Secretariat by 30 September 2000 and each year thereafter on their use of

controlled substances as process agents, the levels of emissions from those uses and the

containment technologies used by them to minimize emissions of controlled substances.

Those non-Article 5 Parties which have still not reported data for inclusion in tables A and

B are urged to do so as soon as possible and in any case before the nineteenth meeting of
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the Open Ended Working Group;

(b) In reporting annual data to the Secretariat for 2000 and each year thereafter, provide

information on the quantities of controlled substances produced or imported by them for

process-agent applications;

5. That the incremental costs of a range of cost-effective measures, including, for example, process

conversions, plant closures, emissions control technologies and industrial rationalization, to reduce

emissions of controlled substances from process-agent uses in Article 5 Parties to the levels

referred to in paragraph 3 (b) above should be eligible for funding in accordance with the rules and

guidelines of the Executive Committee of the Multilateral Fund;

6. That the Executive Committee of the Multilateral Fund should, as a matter of priority, strive to

develop funding guidelines and begin to consider initial project proposals during 1999;

7. That Parties should not install or commission new plant using controlled substances as process

agents after 30 June 1999, unless the Meeting of the Parties has decided that the use in question

meets the criteria for essential uses under decision IV/25;

8. To request the Technology and Economic Assessment Panel and the Executive Committee to report

to the Meeting of the Parties in 2001 on the progress made in reducing emissions of controlled

substances from process-agent uses and on the implementation and development of

emissions-reduction techniques and alternative processes not using ozone-depleting substances and

to review tables A and B of the present decision and make recommendations for any necessary

changes;

Table A

List of uses of controlled substances as process agents

No. Substance Process agent application

1 Carbon tetrachloride (CTC) Elimination of NCl3 in the production of chlorine and caustic

2 CTC Recovery of chlorine in tail gas from production of chlorine

3 CTC Manufacture of chlorinated rubber

4 CTC Manufacture of endosulphan (insecticide)

5 CTC Manufacture of isobutyl acetophenone (ibuprofen analgesic)

6 CTC Manufacture of 1-1, Bis (4-chlorophenyl) 2,2,2- trichloroethanol

(dicofol insecticide)

7 CTC Manufacture of chlorosulphonated polyolefin (CSM)

8 CTC Manufacture of poly-phenylene-terephtal-amide

9 CFC 113 Manufacture of fluoropolymer resins

10 CFC 11 Manufacture of fine synthetic polyolefin fibre sheet

11 CTC Manufacture of styrene butadiene rubber

12 CTC Manufacture of chlorinated paraffin

13 CFC 113 Manufacture of vinorelbine (pharmaceutical product)
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No. Substance Process agent application

14 CFC 12 Photochemical synthesis of perfluoropolyetherpolyperoxide

precursors of Z-perfluoropolyethers and difunctional derivatives

15 CFC 113 Reduction of perfluoropolyetherpolyperoxide intermediate for

production of perfluoropolyether diesters

16 CFC 113 Preparation of perfluoropolyether diols with high functionality

17 CTC Production of pharmaceuticals ketotifen, anticol and disulfiram

18. CTC Production of tralomethrine (insecticide)

19. CTC Bromohexine hydrochloride

20. CTC Diclofenac sodium

21. CTC Cloxacilin

22. CTC Phenyl glycine

23. CTC Isosorbid mononitrate

24. CTC Omeprazol

25. CFC-12 Manufacture of vaccine bottles

Note: Parties may propose additions to this list by sending details to the Secretariat, which will

forward them to the Technology and Economic Assessment Panel. The Panel will then investigate the

proposed change and make a recommendation to the Meeting of Parties whether or not the proposed use

should be added to the list by decision of the Parties.

Table B

Emission limits for process agent uses

(All figures are in metric tonnes per year)

Country/region Make-up or consumption Maximum emissions

European Community 1000 17

United States of America 2300 181

Canada 13 0

Japan 300 5

Hungary 15 0

Poland 68 0.5

Russian Federation 800 17

Australia 0 0

Czech Republic 0 0

Estonia 0 0

Lithuania 0 0

Slovakia 0 0

New Zealand 0 0

Norway 0 0
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Country/region Make-up or consumption Maximum emissions

Iceland 0 0

Switzerland 5 0.4

TOTAL 4501 220.9 (4.9%)

Decision X/15. Exports of controlled substances in Annex A and Annex B to the

Montreal Protocol from non-Article 5 Parties to meet the

basic domestic needs of Article 5 Parties

Aware that Parties operating under Article 5 are taking measures under the Protocol to limit their

production of ozone-depleting substances in Annex A and Annex B,

Concerned that this reduction should not be offset by any unnecessary increase in exports of

controlled substances from non-Article 5 Parties under the provisions of Article 2 of the Protocol,

- To request the Technology and Economic Assessment Panel:

(a) To make an assessment of the quantities of controlled substances in Annex A and Annex B

to the Protocol likely to be required and produced by Parties operating under Article 5 of

the Protocol for the period 1999-2010;

(b) To make an assessment of the quantities of controlled substances in Annex A and Annex B

to the Protocol which need to be produced and exported by Parties not operating under

Article 5 in order to meet the basic domestic needs of Parties operating under Article 5

during the period 1999-2010;

(c) To present its report to the Open-ended Working Group in time for the issue to be

considered by the Eleventh Meeting of the Parties;

Decision X/16. Implementation of the Montreal Protocol in the light of the Kyoto Protocol

Noting the need to implement multilateral environmental agreements in a coherent way for the

benefit of the global environment,

Noting that the Conference of the Parties to the United Nations Framework Convention on Climate

Change adopted the Kyoto Protocol to the Convention at its third meeting, held in Kyoto, from 1 to

11 December 1997,

Noting that the Kyoto Protocol requires Parties listed in Annex I of the Framework Convention on

Climate Change to ensure that their aggregate anthropogenic carbon dioxide equivalent emissions

of the greenhouse gases listed in Annex A of that Protocol do not exceed their assigned amounts as

listed in Annex B during the first commitment period of 2008-2012,

Noting further that the greenhouse gases included in Annex A of the Kyoto Protocol include

hydrofluorocarbons (HFCs) and perfluorocarbons (PFCs) in view of their high global warming

potentials,

Noting that the Technology and Economic Assessment Panel has identified HFCs and PFCs as
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alternatives to ozone-depleting substances, and some Parties and enterprises have already changed

over, and others are changing over, to such HFC and PFC technologies, and

Noting with appreciation that the Conference of the Parties to the Framework Convention on

Climate Change at its fourth meeting adopted a decision on the relationship between efforts to

protect the stratospheric ozone layer and efforts to safeguard the global climate system, in

particular with reference to HFCs and PFCs,

- To request, with a view in particular to assisting the Parties to the Montreal Protocol to assess the

implications for the implementation of the Montreal Protocol of the inclusion of HFCs and PFCs in

the Kyoto Protocol, the relevant Montreal Protocol bodies, within their areas of competence:

(a) To provide relevant information on HFCs and PFCs to the Secretariat of the Framework

Convention on Climate Change by 15 July 1999 in accordance with operative paragraph 1

of the above-mentioned decision;

(b) To convene a workshop with the Intergovernmental Panel on Climate Change which will

assist the bodies of the Framework Convention on Climate Change to establish information

on available and potential ways and means of limiting emissions of HFCs and PFCs in

accordance with operative paragraph 2 of the above-mentioned decision;

(c) To continue to develop information on the full range of existing and potential alternatives

to ozone depleting substances for specific uses, including alternatives not listed in Annex A

of the Kyoto Protocol;

(d) To otherwise continue to cooperate with the relevant bodies under the United Nations

Framework Convention on Climate Change and IPCC on these matters; and

(e) To report to the Open Ended Working Group at its nineteenth meeting and to the Eleventh

Meeting of the Parties to the Montreal Protocol on this work;

Decision X/17. Production sector

Noting the recent estimation by the Technology and Economic Assessment Panel of high

atmospheric emissions of carbon tetrachloride (almost 41,000 tonnes in 1996), out of which about

70 per cent was contributed by use of carbon tetrachloride as a feedstock to produce CFCs,

Noting the assessment of the Technology and Economic Assessment Panel that closure of

CFC-manufacturing facilities in Article 5 Parties and Parties with economies in transition with

accelerated introduction of alternatives could lead to a reduction in carbon tetrachloride emissions

to the environment,

Noting that the Ninth Meeting of the Parties requested the Executive Committee to accelerate the

formulation of guidelines for funding the phase-out in the production sector and subsequent

approval of relevant projects in this sector,

1. To request the Executive Committee to complete the task of formulation of guidelines for funding

the production sector on a priority basis and expeditiously;
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2. To further request the Executive Committee to facilitate the formulation of projects for funding the

CFC-production sector and their subsequent approval on a priority basis;

Decision X/18. Customs codes

Recalling decision IX/22 on customs codes and decision IX/28, paragraph 4, on data reporting,

Noting that the existing customs codes set out in the Harmonized System do not allow Parties to

easily monitor the import and export of mixtures of substances and that this will be of particular

concern for monitoring consumption of HCFCs as a number of the HCFCs will only be consumed

as part of refrigerant mixtures being marketed to replace CFCs for some applications,

Noting that many Parties rely on the Harmonized System codes to cross-check and monitor their

consumption of ozone-depleting substances and to ensure compliance with their obligations under

the Montreal Protocol,

1. To request the Ozone Secretariat to continue discussions with the World Customs

Organization on:

(a) The possibility of revising the Harmonized System to allow the inclusion of

appropriate codes for mixtures containing HCFCs, especially those used for

refrigeration;

(b) The confirmation of the proper classification of methyl bromide that contains

2 per cent chloropicrin as a pure substance and not as a mixture, as suggested in

the illustrative list of methyl-bromide mixtures provided earlier to the Parties by

the Ozone Secretariat;

2. To convene a group of five interested experts to provide advice to the Ozone Secretariat

out of session on possible amendments to the Harmonized System;

3. To request the Ozone Secretariat to report to the nineteenth meeting of the Open-ended

Working Group on progress towards this end;

Decision X/19. Exemption for laboratory and analytical uses

1. To extend the global laboratory and analytical essential-use exemption until 31 December 2005

under the conditions set out in annex II of the report of the Sixth Meeting of the Parties;

2. To request the Technology and Economic Assessment Panel to report annually on the development

and availability of laboratory and analytical procedures that can be performed without using the

controlled substances in Annexes A and B of the Protocol;

3. That the Meeting of the Parties shall each year, on the basis of information reported by the

Technology and Economic Assessment Panel in accordance with paragraph 2 above, decide on any

uses of controlled substances which should no longer be eligible under the exemption for laboratory

and analytical uses and the date from which any such restriction should apply;
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4. That the Secretariat should make available to the Parties each year a consolidated list of laboratory

and analytical uses that the Parties have agreed should no longer be eligible for production and

consumption of controlled ozone-depleting substances under the global exemption;

5. That any decision taken to remove the global exemption should not prevent a Party from

nominating a specific use for an exemption under the essential uses procedure set out in

decision IV/25;

Decision X/20. Compliance with the Montreal Protocol by Azerbaijan

1. To note that Azerbaijan ratified the Montreal Protocol and the London and Copenhagen

Amendments on 21 June 1996. The country is classified as a non-Article 5 Party under the

Protocol and, for 1996, reported positive consumption of 962 ODP tonnes of Annex A and B

substances, none of which was for essential uses exempted by the Parties. As a consequence, in

1996, Azerbaijan was in non-compliance with its control obligations under Articles 2A through 2E

of the Montreal Protocol. Azerbaijan also expresses a belief that this situation will continue

through at least the year 2000, necessitating annual review by the Implementation Committee and

the Parties until such time as Azerbaijan comes into compliance; 

2. To express great concern about Azerbaijan s non-compliance and to note that Azerbaijan only

very recently assumed the obligations of the Montreal Protocol, having ratified it in 1996. It is

with that understanding that the Parties note, after reviewing the country programme and

submissions of Azerbaijan (which was prepared with UNEP assistance), that Azerbaijan

specifically commits:

- To a phase-out of CFCs by 1 January 2001 (save for essential uses authorized by the

Parties);

- To establish, by 1 January 1999, a system for licensing imports and exports of ODS;

- To establish a system for licensing operators in the refrigeration-servicing sector;

- To tax the imports of ozone-depleting substances, to enable it to ensure that it meets the

year 2001 phase-out;

- To a ban, by 1 January 2001, on all imports of halons; and

- To consider by 1999, a ban on the import of ODS-based equipment;

3. That the measures listed in paragraph 2 above should enable Azerbaijan to achieve the virtual

phase out of CFCs, and a complete phase-out of halons by 1 January 2001. In this regard, the

Parties urge Azerbaijan to work with relevant Implementing Agencies to shift current consumption

to non-ozone-depleting alternatives, and to quickly develop a system for managing banked halon

for any continuing critical uses. The Parties note that these actions are made all the more urgent

due to the expected closure of CFC and halon-2402 production capacity in its major source

(Russian Federation) by the year 2000, and the very limited international availability of halon-2402

from other sources;

4. To closely monitor the progress of Azerbaijan with regard to the phase-out of ozone-depleting
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substances, particularly towards meeting the specific commitments noted above. In this regard, the

Parties request that Azerbaijan submit a complete copy of its country programme, and subsequent

updates, if any, to the Ozone Secretariat. To the degree that Azerbaijan is working towards and

meeting the specific time-based commitments noted above and continues to report data annually

demonstrating a decrease in imports and consumption, Azerbaijan should continue to be treated in

the same manner as a Party in good standing. In this regard, Azerbaijan should continue to receive

international assistance to enable it to meet these commitments in accordance with item A of the

indicative list of measures that might be taken by a Meeting of the Parties in respect of

non-compliance. However, through this decision, the Parties caution Azerbaijan, in accordance

with item B of the indicative list of measures, that in the event that the country fails to meet the

commitments noted above in the times specified, the Parties shall consider measures, consistent

with item C of the indicative list of measures. These measures could include the possibility of

actions that may be available under Article 4, designed to ensure that the supply of CFCs and

halons that is the subject of non-compliance is ceased, and that exporting Parties are not

contributing to a continuing situation of non-compliance;

Decision X/21. Compliance with the Montreal Protocol by Belarus

1. To note that Belarus ratified the London Amendment on 10 July 1996. The country is classified as

a non-Article 5 Party under the Protocol and, for 1996, reported positive consumption of 599.7

ODP tonnes of Annex A and B substances, none of which was for essential uses exempted by the

Parties. As a consequence, in 1996, Belarus was in non-compliance with its control obligations

under Articles 2A through 2E of the Montreal Protocol. Belarus also expresses a belief that this

situation will continue through at least the year 2000, necessitating annual review by the

Implementation Committee and the Parties until such time as Belarus comes into compliance;

 

2. To note that although Belarus submitted a list of specific projects with international financing that

will reduce national consumption, it has not responded to the request of the Implementation

Committee from its twentieth meeting for a phase-out plan with specific benchmarks demonstrating

a schedule for coming into compliance with control obligations under Articles 2A through 2E of

the Montreal Protocol. The Parties also note that in a verbal presentation to the Implementation

Committee on 16 November 1998, Belarus announced the recent adoption, on 13 November 1998,

of a resolution by its Cabinet of Ministers committing Belarus, through regulation:

- To a phase-out in the consumption of Annex A and B substances by 1 January 2000.

However, Belarus noted that there may be difficulty in phasing out consumption for refrigeration

associated with agriculture;

3. To closely monitor the progress of Belarus with regard to the phase-out of ozone-depleting

substances, particularly towards meeting the specific commitments noted above. In this regard, the

Parties request that Belarus submit a complete copy of its country programme, and subsequent

updates, if any, to the Ozone Secretariat. To the degree that Belarus is working towards and

meeting the specific time-based commitments noted above and continues to report data annually

demonstrating a decrease in imports and consumption, Belarus should continue to be treated in the

same manner as a Party in good standing. In this regard, Belarus should continue to receive

international assistance to enable it to meet these commitments in accordance with item A of the

indicative list of measures that might be taken by a Meeting of the Parties in respect of

non-compliance. However, through this decision the Parties caution Belarus, in accordance with
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item B of the indicative list of measures, that in the event that the country fails to meet the

commitments noted above in the times specified, the Parties shall consider measures, consistent

with item C of the indicative list of measures. These measures could include the possibility of

actions that may be available under Article 4, designed to ensure that the supply of CFCs and

halons that is the subject of non-compliance is ceased, and that exporting Parties are not

contributing to a continuing situation of non-compliance;

Decision X/22. Compliance with the Montreal Protocol by the Czech Republic

1. To note that the Czech Republic ratified the London and Copenhagen Amendments on 18

December 1996. The country is classified as a non-Article 5 Party under the Protocol. For 1996,

the Czech Republic reported positive consumption of 49.6 ODP tonnes of Annex A, Group I,

substances that are partially accounted for under the essential-use exemption by the Parties for

laboratory and analytical applications. However, the Czech Republic claims the remainder of the

1996 CFC consumption was for essential uses for metered-dose inhalers. But, as the Czech

Republic imported ozone-depleting substances in 1996 without obtaining an essential-use

authorization from the Parties to the Protocol, the Czech Republic was in state of technical

non-compliance with its control obligations under Articles 2A through 2E of the Montreal Protocol

for 1996. The Czech Republic reported to the Implementation Committee that it has the utmost

interest in reliably meeting its obligations under the Montreal Protocol;

2. To take note of the Czech Republic s status regarding obligations under Articles 2A through 2E

of the Montreal Protocol for 1996 and ask the Implementation Committee to continue to review

annually the Czech Republic s status;

Decision X/23. Compliance with the Montreal Protocol by Estonia

1. To note that Estonia acceded to the Montreal Protocol on 17 October 1996. Estonia is classified

as a non-Article 5 Party under the Protocol and, for 1996, reported positive consumption of 36.5

ODP tonnes of Annex A and B substances, none of which was for essential uses exempted by the

Parties. As a consequence, in 1996, Estonia was in non-compliance with its control obligations

under Articles 2A through 2E of the Montreal Protocol. Estonia also expresses a belief that this

situation will continue through at least the year 2000, necessitating annual review by the

Implementation Committee and the Parties until such time as Estonia comes into compliance;

2. To note with appreciation Estonia s significant strides in coming into compliance with the

Montreal Protocol. Estonia decreased its consumption steadily from an estimated 131 ODP tonnes

in 1995 to 36.5 tonnes in 1996. This significant reduction is a clear demonstration of Estonia s

determination to achieve a complete phase-out according to its schedule. In response to a request

from the Ozone Secretariat, Estonia submitted interim reductions targets for the phase-out. In this

phase-out plan with interim benchmarks, Estonia commits:

- To reduce consumption by 1 January 1999 to no more than 23 ODP tonnes for Annex A

and B substances;

- To completely phase out consumption of Annex B substances by 1 January 2000;

- To reduce consumption by 1 January 2000 to no more than 14 ODP tonnes of Annex A
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substances;

- To reduce consumption of CFC-12 to all but 1 tonne in 2001;

- To a complete phase out of Annex A substances by 1 January 2002; and

- To establish, for 1999, a harmonized system for monitoring and controlling imports of

ozone-depleting substances; 

3. To urge Estonia, in order to assist it in meeting its commitments, to work with relevant

Implementing Agencies to shift current consumption to non-ozone-depleting alternatives, and to

quickly develop a system for managing recovered refrigerants and halon for any continuing critical

uses. The Parties note that these actions are made all the more urgent due to the expected closure

of CFC and halon-2402 production capacity in its major source (Russian Federation) by the year

2000, and the very limited international availability of halon-2402 from other sources.

4. To closely monitor the progress of Estonia with regard to the phase-out of ozone-depleting

substances, particularly towards meeting the specific commitments noted above. In this regard, the

Parties request that Estonia submit a complete copy of its country programme, and subsequent

updates, if any, to the Ozone Secretariat. The Parties urge Estonia to ratify the London and

Copenhagen Amendments. To the degree that Estonia is working towards and meeting the specific

time-based commitments noted above and continues to report data annually demonstrating a

decrease in imports and consumption, Estonia should continue to be treated in the same manner as

a Party in good standing. In this regard, Estonia should, to the degree consistent with relevant

assistance requirements, receive international assistance to enable it to meet these commitments in

accordance with item A of the indicative list of measures that might be taken by a meeting of the

Parties in respect of non-compliance. However, through this decision the Parties caution Estonia,

in accordance with item B of the indicative list of measures, that in the event that the country fails

to meet the commitments noted above in the times specified, the Parties shall consider measures,

consistent with item C of the indicative list of measures. These measures could include the

possibility of actions that may be available under Article 4, designed to ensure that the supply of

CFCs and halons that is the subject of non-compliance is ceased, and that exporting Parties are not

contributing to a continuing situation of non-compliance;

Decision X/24. Compliance with the Montreal Protocol by Latvia

1. To note that Latvia acceded to the Montreal Protocol on 28 April 1995 and ratified the London and

Copenhagen Amendments on 2 November 1998. The country is classified as a non-Article 5 Party

under the Protocol and, for 1996, reported to positive consumption of 342 tonnes ODP of Annex A

and B substances, none of which was for essential uses exempted by the Parties. As a

consequence, in 1996, Latvia was in non-compliance with its control obligations under Articles 2A

through 2E of the Montreal Protocol. Latvia also expresses a belief that this situation may

continue through at least the year 2000, necessitating annual review by the Implementation

Committee and the Parties until such time as Latvia comes into compliance.

2. To note with appreciation the fact that Latvia has made tremendous strides in coming into

compliance with the Montreal Protocol. Although Latvia ratified the Protocol just three years ago,

it has decreased its consumption steadily from 1986, when it was 6,558 tonnes, to 1993, when its

consumption was 1,205 tonnes, to 1995, when its consumption was 711.5 tonnes to the present
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level of 342.8 tonnes. This significant reduction is a clear demonstration of Latvia s commitment

to become a Party in full compliance with the Protocol. The Parties note with appreciation that

Latvia has made efforts to achieve compliance through agreements with its industry, and through

the application of a tax on imports of ozone-depleting substances. Latvia has also undertaken

efforts to understand the disposition of halons that are currently deployed, and to stockpile halon

from decommissioned uses in order to ensure availability to meet future critical uses. The Parties

note these important undertakings, and point out that similar undertakings could be considered by

other countries who are striving to comply with the provisions of the Protocol. The Parties also

note that Latvia s submission and statements to the Implementation Committee indicate a

commitment:

- To observe the ban on the production and import of Annex A, Group II, substances

imposed on 12 December 1997;

- To limit consumption of Annex A, Group I, substances to no more than 100 metric tonnes

in 1999; and

- To ban the production and import of Annex A, Group I, and all Annex B substances by 1

January 2000;

3. To note Latvia s report that a majority of its remaining use of ozone-depleting substances is in the

aerosol sector, a sector with alternatives that are available at a cost savings to users. The Parties

further note the late time at which phase-out projects are being initiated. Accordingly, and

considering the plan produced by Latvia, the Parties are hopeful that Latvia will be able to achieve

a total phase-out of Annex A and B substances by 1 July 2001. Achievement of these

commitments and goals will necessitate the strict application of import quota restrictions on an

annual basis to ensure phased reductions in consumption;

4. To closely monitor the progress of Latvia with regard to the phase-out of ozone-depleting

substances, particularly towards meeting the specific commitments noted above. In this regard, to

request that Latvia submit a complete copy of its country programme, and subsequent updates, if

any, to the Ozone Secretariat. To the degree that Latvia is working towards and meeting the

specific time-based commitments noted above and continues to report data annually demonstrating

a decrease in imports and consumption, Latvia should continue to be treated in the same manner as

a Party in good standing. In this regard, Latvia should continue to receive international assistance

to enable it to meet these commitments in accordance with item A of the indicative list of measures

that might be taken by a meeting of the Parties in respect of non-compliance. However, through

this decision, the Parties caution Latvia, in accordance with item B of the indicative list of

measures, that in the event that the country fails to meet the commitments noted above in times

specified, the Parties shall consider measures, consistent with item C of the indicative list of

measure. These measures could include the possibility of actions that may be available under

Article 4, designed to ensure that the supply of CFCs and halons that is the subject of noncompliance is ceased, and that exporting Parties are not contributing to a continuing situation of

non-compliance;

Decision X/25. Compliance with the Montreal Protocol by Lithuania

1. To note that Lithuania acceded to the Montreal Protocol on 18 January 1995, and acceded to the

London and Copenhagen Amendments on 3 February 1998. The country is classified as a
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non-Article 5 Party under the Protocol and, for 1996, reported positive consumption of 295 ODP

tonnes ODP of Annex A and B substances, none of which was for essential uses exempted by the

Parties. As a consequence, in 1996, Lithuania was in non-compliance with its control obligations

under Articles 2A through 2E of the Montreal Protocol. Lithuania also expresses a belief that this

situation may continue through at least the year 2000, necessitating annual review by the

Implementation Committee and the Parties until such time as Lithuania comes into compliance;

2. To note with appreciation the fact that Lithuania has made tremendous strides in coming into

compliance with the Montreal Protocol. Although Lithuania ratified the Protocol just three years

ago, it has decreased its consumption steadily from 1986, when it was estimated at 6,089 tonnes, to

1993, when its consumption was estimated at 935 ODP tonnes, to 1995, when its consumption was

428 tonnes, to 1996 when its consumption of Annex A and B substances is reported at 295 tonnes.

 Lithuania is very clear in admitting that a substantial reason for the significant reduction in

consumption is due to the economic turmoil that has been taking place in its country. After review

of the submissions and presentation to the Implementation Committee, it is noted that Lithuania

commits:

- To ban the import of CFC-113, carbon tetrachloride and methyl chloroform by 1 January

2000; and

- To reduce the consumption of Annex A and B substances by 86 per cent from 1996 levels

by 1 January 2000;

3. To note that achievement of these goals will necessitate a strict application of Lithuania's existing

import licensing system to ensure that phased reductions and reduced reliance on ozone-depleting

substances continue to take place, and indeed, the Lithuania country programme includes a

commitment to make arrangements with its customs department to ensure that imports are ceased. 

Ensuring that requirement to cease imports is particularly important given the pending closure of

CFC producers in Russian Federation, supply on which Lithuania has traditionally depended. 

Noting Lithuania s obvious commitment to the Montreal Protocol, it is hopeful that the country

will be able to achieve a total phase-out of Annex A and B substances by 1 January 2001. In so

stating, the Parties noted but specifically rejected a request by Lithuania to allow for continuous

imports until 2005 for servicing existing refrigeration equipment. The Parties, in so doing, note

that achieving a phase-out by 1 January 2001 may necessitate that Lithuania increase the recovery

of existing ODS or the import of recycled material, and urge Lithuania to plan carefully for its

future refrigerant-servicing needs and invite the Technology and Economic Assessment Panel to

help in this endeavour. The Parties will closely monitor the progress of Lithuania towards meeting

the above-noted commitments to reduce CFC-113, carbon-tetrachloride and methyl-chloroform use

prior to the next Meeting of the Parties, and to put in place by June 1999 a requirement to cease

imports of these substances by 1 January 2000 (save for essential uses authorized by the Parties);

4. To closely monitor the progress of Lithuania with regard to the phase-out of ozone-depleting

substances, particularly towards meeting the specific commitments noted above. In this regard, the

Parties request that Lithuania submit a complete copy of its country programme, and subsequent

updates, if any, to the Ozone Secretariat. To the degree that Lithuania is working towards and

meeting the specific time-based commitments noted above and continues to report data annually

demonstrating a decrease in imports and consumption, Lithuania should continue to be treated in

the same manner as a Party in good standing. In this regard, Lithuania should receive international

assistance to enable it to meet these commitments in accordance with item A of the indicative list of

measures that might be taken by a meeting of the Parties in respect of non-compliance. However,
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through this decision, the Parties caution Lithuania, in accordance with item B of the indicative list

of measures, that in the event that the country fails to meet the commitments noted above in the

times specified, the Parties shall consider measures, consistent with item C of the indicative list of

measures. These measures could include the possibility of actions that may be available under

Article 4, designed to ensure that the supply of CFCs and halons that is the subject of noncompliance is ceased, and that exporting Parties are not contributing to a continuing situation of

non-compliance;

Decision X/26. Compliance with the Montreal Protocol by the Russian Federation

1. To note that the Russian Federation ratified the London Amendment on 13 January 1992. The

country is classified as a non-Article 5 Party under the Protocol and, for 1996, reported positive

consumption of 13,955 ODP tonnes, none of which was for essential uses exempted by the Parties.

 As a consequence, in 1996, the Russian Federation was in non-compliance with its control

obligations under Articles 2A through 2E of the Montreal Protocol. The Russian Federation also

expresses a belief that this situation will continue through at least the year 2000, necessitating

annual review by the Implementation Committee and the Parties until such time as the Russian

Federation comes into compliance;

2. To note with appreciation that the Russian Federation is making significant progress in coming into

compliance with the Montreal Protocol. Data reported for 1996 indicates that the Russian

Federation reduced consumption of CFCs from 20,990 ODP tonnes in 1995, to a level of 12,345

ODP tonnes. The Russian Federation submitted a country programme in October 1995 (revised in

November 1995) that contains specific benchmarks and a phase-out schedule. In 1996, production

of Annex A, Group I, substances was 16,770 ODP tonnes, well below the benchmark of 28,000

ODP tonnes contained in the country programme. Further steps were taken to bring the Russian

Federation into compliance with its obligations under Articles 2A through 2E of the Montreal

Protocol when, in October 1998, the Special Initiative for ODS Production Closure in the

Russian Federation (Special Initiative) was signed. The Parties note that, in the country

programme and the Special Initiative, the Russian Federation commits:

- To reduce consumption of Annex A, Group I, substances to no more than 6,280 ODP

tonnes in 1999;

- To reduce consumption of Annex A, Group II, substances to no more than 960 ODP

tonnes in 1999;

- To reduce consumption of Annex B, Group I, substances to no more than 18 ODP tonnes

in 1999;

- To phase out the production of Annex A substances by 1 June 2000; and

- To phase out the consumption of Annex A and B substances by 1 June 2000;

3. To closely monitor the progress of the Russian Federation with regard to the phase-out of

ozone-depleting substances, particularly towards meeting the specific commitments in the 1995

country programme and the Special Initiative noted above. In this regard, the Parties request that

the Russian Federation submit a complete copy of its country programme, and subsequent updates,

if any, to the Ozone Secretariat. To the degree that the Russian Federation is working towards and
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meeting the specific time-based commitments in the country programme and the Special Initiative

and continues to report data annually demonstrating a decrease in imports and consumption, the

Russian Federation should continue to be treated in the same manner as a Party in good standing. 

In this regard, the Russian Federation should continue to receive international assistance to enable

it to meet these commitments in accordance with item A of the indicative list of measures that

might be taken by a meeting of the Parties in respect of non-compliance. However, through this

decision, the Parties caution the Russian Federation, in accordance with item B of the indicative list

of measures, that in the event that the country fails to meet the commitments noted in prior

decisions as well as in the above documents in the times specified, the Parties shall consider

measures, consistent with item C of the indicative list of measures. These measures could include

the possibility of actions that may be available under Article 4, designed to ensure that the supply

of CFCs and halons that is the subject of non-compliance is ceased, and that exporting Parties are

not contributing to a continuing situation of non-compliance;

Decision X/27. Compliance with the Montreal Protocol by Ukraine

1. To note that Ukraine ratified the London Amendment on 6 February 1997. The country is

classified as a non-Article 5 Party under the Protocol and, for 1996, reported positive consumption

of 1,470 ODP tonnes of Annex A and B controlled substances, none of which was for essential

uses exempted by the Parties. As a consequence, in 1996, Ukraine was in non-compliance with its

control obligations under Articles 2A through 2E of the Montreal Protocol. Ukraine also expresses

a belief that this situation will continue through at least the year 2000, necessitating annual review

by the Implementation Committee and the Parties until such time as Ukraine comes into

compliance;

2. To express great concern about the non-compliance of Ukraine, as well as the significant increase

in consumption of ozone-depleting substances in Ukraine from 1995 to 1996, when total

consumption doubled from 767 to 1,470 ODP tonnes. The Parties note the commendable actions

taken by Ukraine in working with customs and industry to monitor imports and improve the

accuracy of the data reported to the Ozone Secretariat. After reviewing Ukraine s submission to

the Implementation Committee, the Parties note that the Ukraine, through its acceptance of this

decision, specifically commits:

- To a phase-out of the consumption of Annex A and B substances by 1 January 2002 (save

for essential uses authorized by the Parties);

Ukraine notes, however, that there may be difficulty in phasing out consumption in the domestic

refrigeration sector;

3. To urge Ukraine to work with relevant Implementing Agencies to shift current consumption to

non-ozone-depleting alternatives, and to quickly develop a plan for managing existing supplies of

CFCs as well as training in the refrigeration sector to encourage recovery and recycling. The

Parties note that these actions are made all the more urgent due to the expected closure of CFC and

halon-2402 production capacity in its major source (Russian Federation) by the year 2000, and the

very limited international availability of halon-2402 from other sources. Noting Ukraine s

obvious commitment to the Montreal Protocol, it is hopeful that the country will be able to achieve

a total phase-out of Annex A and B substances by 1 January 2002. In so stating, the Parties noted

but specifically rejected a request by Ukraine to allow for continuous imports until 2010 for

servicing existing refrigeration equipment. The Parties, in so doing, note that achieving a
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phase-out by 1 January 2002 may necessitate that Ukraine increase the recovery of existing

ozone-depleting substances or the import of recycled material, and urge Ukraine to plan carefully

for its future refrigerant servicing needs and invite the Technology and Economic Assessment

Panel to help in this endeavour; 

3. To closely monitor the progress of Ukraine with regard to the phase-out of ozone-depleting

substances, particularly towards meeting the specific commitments noted above. In this regard, the

Parties request that Ukraine submit a complete copy of its country programme, and subsequent

updates, if any, to the Ozone Secretariat. To the degree that Ukraine is working towards and

meeting the specific time-based commitments noted above and continues to report data annually

demonstrating a decrease in imports and consumption, Ukraine should continue to be treated in the

same manner as a Party in good standing. In this regard, Ukraine should continue to receive

international assistance to enable it to meet these commitments in accordance with item A of the

indicative list of measures that might be taken by a meeting of the Parties in respect of

non-compliance. However, through this decision, the Parties caution Ukraine, in accordance with

item B of the indicative list of measures, that in the event that the country fails to meet the

commitments noted above in the times specified, the Parties shall consider measures, consistent

with item C of the indicative list of measures. These measures could include the possibility of

actions that may be available under Article 4, designed to ensure that the supply of CFCs and

halons that is the subject of non-compliance is ceased, and that exporting Parties are not

contributing to a continuing situation of non-compliance;

Decision X/28. Compliance with the Montreal Protocol by Uzbekistan

1. To note that Uzbekistan ratified the Montreal Protocol on 18 May 1993, and ratified the London

and Copenhagen Amendments on 10 June 1998. The country is classified as a non-Article 5 Party

under the Protocol and, for 1996, reported positive consumption of 272 ODP tonnes of Annex A

and Annex B substances, none of which was for essential uses exempted by the Parties. As a

consequence, in 1996, Uzbekistan was in non-compliance with its obligations under Articles 2A

through 2E of the Montreal Protocol. Uzbekistan also expresses a belief that this situation may

continue through at least the year 2001, necessitating annual review by the Implementation

Committee and the Parties until such time as Uzbekistan comes into compliance;

2. To note with appreciation the fact that Uzbekistan has made significant strides in coming into

compliance with the Montreal Protocol, decreasing consumption steadily from an estimated 1,300

tonnes in 1992 to 275 tonnes in 1996. Its country programme shows its determination and

commitment to phase out of Annex A and B substances by 2002. Specifically, the Parties note that

the Uzbekistan country programme includes a commitment:

- To reduce consumption of CFCs by 40% by 2000, by 80% by 2001, and completely by

2002;

- To reduce consumption of carbon tetrachloride by 35% by 2000, by 67% by 2001, and

completely by 2002;

- To reduce consumption of methyl chloroform by 40% in 2000, by 82% in 2001, and

completely in 2002; 

- To put in place in 1999, import quotas in order to freeze the imports at the current level
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and to support the phase-out schedule noted above;

- To put in place by 1999, bans on imports of ODS and equipment using and containing

ODS;

- To put in place policy instruments and regulatory requirements to ensure progress in

achieving the phase-out;

3. To note that, given the fact that virtually all of its remaining use is in the refrigeration-servicing

sector, Uzbekistan will have to work very hard in the coming years to ensure that it maintains a

downward momentum in consumption in order to ensure that it meets its commitment for a

phase-out in Annex A and B substances by the year 2002. In this regard, the Tenth Meeting of the

Parties is happy to see that Uzbekistan intends to focus its efforts towards training in the

refrigeration sector, and refrigerant recovery and recycling. The Parties also note that it is critical

that Uzbekistan put in place its licensing and quota system to control the import of ozone-depleting

substances no later than September 1999 to meet its reduction commitment;

4. To closely monitor the progress of Uzbekistan with regard to the phase-out of ozone-depleting

substances, particularly towards meeting the specific commitments noted above. In this regard, the

Parties request that Uzbekistan submit a complete copy of its country programme, and subsequent

updates, if any, to the Ozone Secretariat. To the degree that Uzbekistan is working towards and

meeting the specific time-based commitments noted above and continues to report data annually

demonstrating a decrease in imports and consumption, Uzbekistan should continue to be treated in

the same manner as a Party in good standing. In this regard, Uzbekistan should continue to receive

international assistance to enable it to meet these commitments in accordance with item A of the

indicative list of measures that might be taken by a meeting of the Parties in respect of

non-compliance. However, through this decision, the Parties caution Uzbekistan, in accordance

with item B of the indicative list of measures, that in the event that the country fails to meet the

commitments noted above in the times specified, the Parties shall consider measures, consistent

with item C of the indicative list of measures. These measures could include the possibility of

actions that may be available under Article 4, designed to ensure that the supply of CFCs and

halons that is the subject of non-compliance is ceased, and that exporting Parties are not

contributing to a continuing situation of non-compliance;

Decision X/29. Inconsistencies in the timing for the reporting of data under Article 7 and for

monitoring compliance with the phase-out schedule

under Article 5, paragraph 8 bis

Noting that the compliance period for Parties operating under paragraph 1 of Article 5 of the

Protocol for the freeze in production and consumption extends from 1 July 1999 to 30 June 2000,

from 1 July 2000 to 30 June 2001, and from 1 July 2001 to 31 December 2002 under paragraph 8

bis of Article 5,

Noting also that the process of collecting accurate data on anything other than a calendar year

basis is very difficult,

Noting further that Parties not operating under paragraph 1 of Article 5 faced similar difficulties,

which were overcome when it became clear that their reductions in production and consumption

were significantly below those required under the freeze obligations of Article 2A,
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1. To urge the Implementation Committee to review and report on the status of the data reported by

Parties operating under paragraph 1 of Article 5, relative to the freeze in production and

consumption using the best available data submitted;

2. To urge the Implementation Committee to view the data from the July to June time period, or other

time periods relevant to paragraph 8 bis of Article 5, as especially critical in cases where annual

data submitted by Parties operating under paragraph 1 of Article 5 demonstrates that a country is

very close to its baseline freeze level;

Decision X/30. Financial matters: financial report and budgets

1. To take note of the financial report on the Trust Fund for the Montreal Protocol for 1997, as

contained in document UNEP/OzL.Pro.10/5;

2. To urge all Parties to pay their outstanding contributions promptly and also to pay their future

contributions promptly and in full, in accordance with the formula for contributions by Parties, as

set out in annex VIII to the report of the Ninth Meeting of the Parties (document

UNEP/OzL.Pro.9/12), for the year 1999, and for the year 2000 in annex IV to the report of the

Tenth Meeting of the Parties;

3. To approve the budget of $3,615,740 for 1999 and proposed budget of $3,679,704 for 2000, as set

out in annex III to the report of the Tenth Meeting of the Parties;

4. To encourage Parties not operating under Article 5 to continue offering financial assistance to their

members in the three assessment panels and their subsidiary bodies for their continued

participation in the assessment activities under the Protocol;

Decision X/31. Measures taken to improve the Financial Mechanism

and technology transfer

1. To note with appreciation the work and the report of the Executive Committee on the measures

taken to improve the Financial Mechanism and technology transfer and on its excellent functioning

in 1998;

2. To request the Executive Committee to report annually to the Meetings of the Parties on the

operation of the Financial Mechanism and the measures taken to improve the operation;

Decision X/32. Proposal to study a fixed currency exchange rate

mechanism for the replenishment of the

Multilateral Fund

Noting that some donor countries make payments to the Multilateral Fund in their national

currencies, and that minor discrepancies often arise from the different exchange rates used to issue

and encash their payments,

Further noting that some financial procedures have been utilized by other multilateral funding

mechanisms to simplify the administration of these contributions and limit these discrepancies,
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1. To request the Treasurer of the Multilateral Fund to prepare, in consultation with relevant

institutions and Parties and in time for the nineteenth meeting of the Open-ended Working Group, a

discussion paper which describes how a mechanism using fixed currency exchange rates could be

implemented for the replenishment of the Multilateral Fund for the triennium 2000-2002. The

paper should examine the administrative framework, the potential impact and any risks for the

operation of the Fund that are associated with the adoption of such a mechanism. The paper

should also include criteria for determining if a particular currency's fluctuations had been of such

a magnitude that a fixed exchange rate mechanism would not be practical, in which case that

country would continue to make its commitments and payments in United States dollars;

2. To request the Treasurer of the Multilateral Fund to monitor exchange rates of donor country

currencies, including the euro, between 1 March 1999 and 30 September 1999, and to submit in

time for the Eleventh Meeting of the Parties a table showing the average exchange rate for each

donor country currency with the United States dollar and Special Drawing Rights (SDRs) for this

period;

Decision X/33. Global Environment Facility

- To note with appreciation the assistance given by the Council of the Global Environment Facility

to the countries with economies in transition;

Decision X/34. Eleventh Meeting of the Parties to the Montreal Protocol

- To convene the Eleventh Meeting of the Parties to the Montreal Protocol in China, in November

1999.

B. Comments made at the time of the adoption of the decisions

94. The Meeting agreed that some technical corrections should be made to the text of the decisions on

non-compliance by certain Parties (decision X/20 to X/28 above) when the report was being finalized.

IX. OTHER MATTERS

Declaration on hydrochlorofluorocarbons (HCFCs), hydrofluorocarbons (HFCs)

and perfluorocarbons (PFCs)

95. At the closing session of the Meeting, the representative of Denmark introduced a declaration on

hydrochlorofluorocarbons, hydrofluorocarbons and perfluorocarbons to which the following countries had

subscribed: Austria, Azerbaijan, Belgium, Bolivia, Botswana, Bulgaria, Costa Rica, Croatia, Cuba, Czech

Republic, Denmark, Estonia, European Community, Finland, France, Germany, Georgia, Greece,

Hungary, Iceland, Ireland, Italy, Lao People's Democratic Republic, Latvia, Lesotho, Liechtenstein,

Lithuania, Luxembourg, Madagascar, Netherlands, Norway, Poland, Romania, Slovakia, Slovenia, Spain,

Sweden, Switzerland, United Kingdom and Uzbekistan. The text of the declaration is contained in annex V

to the present report.

96. The representative of South Africa said that he supported the view expressed in the general debate
UNEP/OzL.Pro.10/9

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(see para. 0 above) to the effect that any international decision on non-ozone-depleting substances with

global warming potential should be taken only by the climate-change institutions. His country had been

able to meet its commitments under the Protocol only because of the availability of HCFCs and HFCs. In

the process, it had phased out some 12,000 tonnes of ozone-depleting substances and had invested millions

of rand in newly installed equipment. He believed that countries must be able to select the technologies that

they considered to be the most viable in the light of their specific conditions.

Composition of the Ad Hoc Working Group on Replenishment

97. The Tenth Meeting of the Parties agreed that the membership of the Ad Hoc Working Group on

Replenishment should be as follows: China, Cuba, India, Iran (Islamic Republic of), Nigeria, Venezuela

and Zimbabwe, representing Parties operating under Article 5; and Canada, Germany, Japan, Poland,

Switzerland, United Kingdom and United States, representing Parties not operating under Article 5.

Informal advisory group on technology transfer

98. The coordinator of the informal advisory group on technology transfer reported to the Meeting on

its work. The group had formed during the Eighteenth Meeting of the Open-Ended Working Group to

discuss issues related to technology transfer including the obstacles which inhibited its more effective

implementation. The group had made progress in its discussions but had reached no consensus regarding a

common proposal. The coordinator said that he would circulate within the group written proposals put

forward by individual members. The Group would meet again in March 1999 and hoped to submit a report

to the Executive Committee for its consideration.

Expression of appreciation to the Government of Egypt

99. The Meeting expressed its appreciation to the Government and people of Egypt for the excellent

arrangements made for the Meeting and the warm hospitality shown to participants.

X. ADOPTION OF THE REPORT

100. The present report was adopted on the basis of the draft report submitted to the Meeting.

XI. CLOSURE OF THE MEETING

101. Following the screening of a documentary film on the life and work of Dr. Mostafa K. Tolba and a

musical puppet show performed by children, closing statements were made by the acting President of the

Meeting, Mr. Rasmus Rasmusson, and by Ms. Nadia Makram Ebeid, Minister of State for Environmental

Affairs of the Arab Republic of Egypt. The acting President declared the Tenth Meeting of the Parties

closed at 5.20 p.m. on Tuesday, 24 November 1998.
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Annex I

ESSENTIAL-USE EXEMPTIONS APPROVED BY THE TENTH MEETING OF THE PARTIES FOR 1999-2000

(in metric tonnes)

CFC-11 CFC-12 CFC-113 CFC-114 Halon-2402

Party 1999 2000 1999 2000 1999 2000 1999 2000 1999

1. Australia 45.0 63.0 90.0 153.7 -- -- -- 3.3 --

2. Canada 140.0 140.0 -- -- -- -- --

3. European Community -- 1,415.0 -- 2,057.0 0.1 6.1 -- 292.0 --

4. Poland 120.0 125.0 235.0 245.0 1.7 -- 25.0 30.0 --

5. Russian Federation -- -- -- -- -- -- -- -- 160.0

6. United States of America -- 1,013.0 -- 2,391.0 -- -- -- 331.0 --

TOTAL 305.0 2,756.0 325.0 4,846.7 1.8 6.1 25.0 656.3 160.0
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Annex II

NON-COMPLIANCE PROCEDURE (1998)*

The following procedure has been formulated pursuant to Article 8 of the Montreal Protocol. It shall apply

without prejudice to the operation of the settlement of disputes procedure laid down in Article 11 of the

Vienna Convention.

 

 * New text is indicated in bold.

1. If one or more Parties have reservations regarding another Party s implementation of its

obligations under the Protocol, those concerns may be addressed in writing to the Secretariat. Such a

submission shall be supported by corroborating information.

2. The Secretariat shall, within two weeks of its receiving a submission, send a copy of that

submission to the Party whose implementation of a particular provision of the Protocol is at issue. Any

reply and information in support thereof are to be submitted to the Secretariat and to the Parties involved

within three months of the date of the despatch or such longer period as the circumstances of any particular

case may require. If the Secretariat has not received a reply from the Party three months after

sending it the original submission, the Secretariat shall send a reminder to the Party that it has yet to

provide its reply. The Secretariat shall, as soon as the reply and information from the Party are

available, but not later than six months after receiving the submission, transmit the submission, the

reply and the information, if any, provided by the Parties to the Implementation Committee referred

to in paragraph 5, which shall consider the matter as soon as practicable.

3. Where the Secretariat, during the course of preparing its report, becomes aware of possible

non-compliance by any Party with its obligations under the Protocol, it may request the Party concerned to

furnish necessary information about the matter. If there is not response from the Party concerned within

three months of such longer period as the circumstances of the matter may require of the matter is not

resolved through administrative action or through diplomatic contacts, the Secretariat shall include the

matter in its report to the Meeting of the Parties pursuant to Article 12 (c) of the Protocol and inform the

Implementation Committee, which shall consider the matter as soon as practicable.

4. Where a Party concludes that, despite having made its best, bona fide efforts, it is unable to

comply fully with its obligations under the Protocol, it may address to the Secretariat a submission in

writing, explaining, in particular, the specific circumstances that it considers to be the cause of its

non-compliance. The Secretariat shall transmit such submission to the Implementation Committee which

shall consider it as soon as practicable.

5. An Implementation Committee is hereby established. It shall consist of 10 Parties elected by the

Meeting of the Parties for two years, based on equitable geographical distribution. Each Party so elected

to the Committee shall be requested to notify the Secretariat, within two months of its election, of the

name of the individual who is to represent it and shall endeavour to ensure that the same individual

remains its representative throughout the entire term of office. Outgoing Parties may be re-elected for

one immediate consecutive term. A Party that has completed a second consecutive two-year term as a

Committee member shall be eligible for election again only after an absence of one year from the

Committee. The Committee shall elect its own President and Vice-President. Each shall serve for one year

at a time. The Vice-President shall, in addition, serve as the rapporteur of the Committee.
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6. The Implementation Committee shall, unless it decides otherwise, meet twice a year. The

Secretariat shall arrange for and service its meetings.

7. The functions of the Implementation Committee shall be:

(a) To receive, consider and report on any submission in accordance with paragraphs 1, 2 and

4;

(b) To receive, consider and report on any information or observations forwarded by the

Secretariat in connection with the preparation of the reports referred to in Article 12 (c) of the Protocol and

on any other information received and forwarded by the Secretariat concerning compliance with the

provisions of the Protocol;

(c) To request, where it considers necessary, through the Secretariat, further information on

matters under its consideration;

(d) To identify the facts and possible causes relating to individual cases of non-compliance

referred to the Committee and make appropriate recommendations to the Meeting of the Parties;

(e) To undertake, upon the invitation of the Party concerned, information-gathering in the

territory of that Party for fulfilling the functions of the Committee;

(f) To maintain, in particular for the purposes of drawing up its recommendations, an

exchange of information with the Executive Committee of the Multilateral Fund related to the provision of

financial and technical cooperation, including the transfer of technologies to Parties operating under Article

5, paragraph 1, of the Protocol.

8. The Implementation Committee shall consider the submissions, information and observations

referred to in paragraph 7 with a view to securing an amicable solution of the matter on the basis of respect

for the provisions of the Protocol.

9. The Implementation Committee shall report to the Meeting of the Parties, including any

recommendations it considers appropriate. The report shall be made available to the Parties not later than

six weeks before their meeting. After receiving a report by the Committee the Parties may, taking into

consideration the circumstances of the matter, decide upon and call for steps to bring about full compliance

with the Protocol, including measures to assist the Parties compliance with the Protocol, and to further

the Protocol s objectives.

10. Where a Party that is not a member of the Implementation Committee is identified in a submission

under paragraph 1, or itself makes such a submission, it shall be entitled to participate in the consideration

by the Committee of that submission.

11. No Party, whether or not a member of the Implementation Committee, involved in a matter under

consideration by the Implementation Committee, shall take part in the elaboration and adoption of

recommendations on that matter to be included in the report of the Committee.

12. The Parties involved in a matter referred to in paragraphs 1, 3 or 4 shall inform, through the

Secretariat, the Meeting of the Parties of the results of proceedings taken under Article 11 of the

Convention regarding possible non-compliance, about implementation of those results and about
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implementation of any decision of the Parties pursuant to paragraph 9.

13. The Meeting of the Parties may, pending completion of proceedings initiated under Article 11 of

the Convention, issue an interim call and/or recommendations.

14. The Meeting of the Parties may request the Implementation Committee to make recommendations

to assist the Meeting s consideration of matters of possible non-compliance.

15. The members of the Implementation Committee and any Party involved in its deliberations shall

protect the confidentiality of information they receive in confidence.

16. The report, which shall not contain any information received in confidence, shall be made available

to any person upon request. All information exchanged by or with the Committee that is related to any

recommendation by the Committee to the Meeting of the Parties shall be made available by the Secretariat

to any Party upon its request; that party shall ensure the confidentiality of the information it has received in

confidence.
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Annex III

TRUST FUND FOR THE MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE LAYER

BUDGETS FOR 1998-2000

1998 1999 2000

w/m $ w/m $ w/m $

10 PROJECT PERSONNEL COMPONENT

1100 Project personnel

1101 Executive Secretary (D-2) (Shared with the Vienna Convention, (VC) 6 69,700 6 71,440 6 102,270

1102 Deputy Executive Secretary (P-5) 12 113,250 12 116,080 12 139,290

1103 Programme Officer (Law) (P-5) 12 100,000 12 102,500 12 103,030

1104 Programme Officer (Science) (P-5) (shared with VC) 6 67,650 6 69,340 6 88,730

1105 Administrative and Programme Management Officer (shared with VC) to be

paid by UNEP (P-4)

6 49,000 6 50,220 6 0

1106 Programme Officer (Data Systems) (P-3) 12 98,400 12 100,860 0

1199 Total 498,000 510,440 433,320

1200 Consultants

1201 Assistance in data-reporting, analysis and promotion of the Protocol 48,750 49,960 51,210

1299 Total 48,750 49,960 51,210
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1300 Administrative support

1301 Administrative/Programme Assistant (G-7) 6 9,738 6 9,980 6 10,230

1302 Personal Assistant (G-6) 12 16,400 12 16,810 12 17,230

1303 Programme Assistant (G-6) (paid by VC) 0 0 0

1304 Personal Assistant (G-6) 6 8,713 6 8,930 6 9,150

1305 Programme Assistant (G-6) 6 8,713 6 8,930 6 9,150

1306 Documents Clerk (G-3) 12 8,200 12 8,400 12 8,610

1307 Data Assistant (G-7) 0 12 17,850 12 18,300

1308 Programme Assistant (G-6) paid by UNEP 0 0 0

1309 Logistics Assistant (G-3) paid by UNEP 0 0 0

1320 Temporary assistance 6,150 6,300 6,460

1321 Conference-servicing costs (CSC) - Open-ended Working Group meetings 410,000 420,250 420,250

1322 CSC - Preparatory and Parties meetings (shared with VC every three years, applies to

1999)

401,661 302,000 409,905

1323 CSC - Assessment Panel meetings 69,700 71,440 73,230

1324 CSC - Bureau meetings 42,025 43,070 44,150

1325 CSC - Committee meetings 27,675 28,360 29,070

1326 CSC - Informal consultation meetings 11,275 11,550 11,840

1399 Total 1,020,250 953,870 1,067,575
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1600 Travel on official business

1601 Staff travel on official business 104,550 107,160 109,840

1602 Conference Services staff travel on official business 20,500 21,010 21,540

1699 Total 125,050 128,170 131,370

1999 Component total 1,692,050 1,642,440 1,683,475

 30 MEETING/PARTICIPATION COMPONENT 

 3300 Participation of developing countries

3301 Assessment Panel meetings 550,000 563,750 565,770

3302 Preparatory and Parties meetings 256,250 262,650 263,560

3303 Open-ended Working Group meetings 256,000 262,400 263,310

3304 Bureau meetings 30,750 31,510 32,300

3305 Committee meetings 61,500 63,030 64,610

3306 Meetings for the promotion of the Protocol among non-Parties 20,000 20,500 21,010

3399 Total 1,174,500 1,203,840 1,210,560

3999 Component total 1,174,500 1,203,840 1,210,560

 40 EQUIPMENT AND PREMISES COMPONENT

4100 Expendable equipment (items under $1,500)

4101 Miscellaneous expendables (shared with VC) 20,625 21,140 21,670

4199 Total 20,625 21,140 21,670
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4200 Non-expendable equipment

4201 Personal computers and accessories 5,125 5,250 5,380

4202 Portable computers 3,075 3,150 3,230

4203 Other office machines (server, fax, scanner, etc.) 20,000 5,920 6,070

4204 Photocopiers 0 0 0

4299 Total 28,200 14,320 14,680

 4300 Premises rental

4301 Rental of office premises (shared with VC) 30,750 31,510 32,300

4399 Total 30,750 31,510 32,300

 4999 Component total 79,575 66,970 68,650

50 MISCELLANEOUS COMPONENT

5100 Operation and maintenance of equipment

5101 Maintenance of equipment and others (shared with VC) 12,300 12,600 12,920

5199 Total 12,300 12,600 12,920

5200 Reporting costs

5201 Reporting 61,500 63,030 64,610

5202 Reporting (Technical Assessment Panels) 61,425 31,510 32,300

5299 Total 122,925 94,540 96,910
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5300 Sundry

5301 Communications 76,875 78,790 80,760

5302 Freight charges (documents) 64,825 66,440 68,100

5303 Training 10,000 10,250 10,510

5304 Others 4,875 4,990 5,110

5399 Total 156,575 160,470 164,480

5400 Hospitality

5401 Hospitality 18,450 18,910 19,380

5499 Total 18,450 18,910 19,380

5999 Component total 310,250 286,520 293,690

98 TOTAL DIRECT PROJECT COST 3,256,375 3,199,770 3,256,375

Programme support cost (13%) 423,329 415,970 423,329

Contingencies 0 0 0

99 GRAND TOTAL (inclusive of programme support costs) 3,679,704 3,615,740 3,679,704
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EXPLANATORY NOTES FOR THE PROPOSED 1999 AND 2000 BUDGETS FOR THE TRUST

FUND FOR THE MONTREAL PROTOCOL

General: All figures are in US dollars (US$).

Budget line Comment

1103-1105 and

1300

Classification of the posts in UNEP is currently taking place in accordance

with the guidelines of the United Nations. Financial provision is made by the

Parties for the upgrading of these posts and re-designation, if found

necessary, in the classification and if approved by the Executive Director,

after review for the year 2000.

1106 The Government of the Netherlands is funding the post of the Programme

Officer (Data Systems) as a Junior Programme Officer from 13 July 1998

for a maximum duration of three years. The budgeted amounts have been

retained in the budget for 1999, since the budget for the year 1999 has

already been approved and the contributions by Parties been worked out

accordingly. No amount will be spent from the Secretariat budget from this

budget line in 1998 or 1999.

1321 1326 Necessary funds may be transferred from the conference-servicing budget

lines (1321 1326) should such services be required to be rendered either by

individual consultancies or corporate contracts. The total cost of organizing

the meeting should not, however, exceed the amounts agreed in this budget.

The conference-servicing costs have been based on the following

assumptions:

(a) 1321: One meeting of the Open-ended Working Group will be held

each year during 1999 and 2000 in Nairobi or Geneva using six

languages.

(b) 1322: The Meeting of the Parties and its preparatory meeting

(OEWG) will be held in Nairobi in both years and both the years in

six languages. When meetings are not held in Nairobi, the

incremental cost will be paid by the host Government.

(c) 1323: The Technology and Economic Assessment Panel has been

allocated $37,000 to cover the communication and other sundry

costs related to the work of Panel members from developing

countries and countries with economies in transition.

(d) 1324: Two Bureau meetings are scheduled for each of the years
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Budget line Comment

1999 and 2000.

(e) 1325: Two Implementation Committee meetings, in English only, are

assumed to take place in Nairobi.

(f) 1326: One informal consultation a year, in English only, is assumed

to take place in Nairobi.

3300 This item includes assistance to participants from countries with economies

in transition in addition to participants from developing countries. The

average cost of participation from these countries is assumed to be $5,000

per participant in 1998, with no more than one person s travel costs being

covered for each country and using the most appropriate economical fare and

the United Nations per diem allowances.

3304 The participation costs for the two Bureau meetings are based on four

participants from developing countries or countries with economies in

transition in each meeting.

3305 The participation costs for the two Bureau meetings are based on four

participants from developing countries or countries with economies in

transition in each meeting.

3306 Funds are required for assisting non-Parties to participate in the meetings of

the Protocol for promoting awareness regarding the benefits of ratification of

the Protocol.

4200 The Secretariat is constantly developing its electronic data processing

systems in order to make the documentation of the Protocol and the

Convention available electronically to the Parties. This development requires

updating of the existing computer equipment, and procurement of necessary

peripherals and software licenses.
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Annex IV

TRUST FUND FOR THE MONTREAL PROTOCOL ON THE SUBSTANCES

THAT DEPLETE THE OZONE LAYER

Scale of contributions by the Parties for the year 2000 based on

the United Nations scale of assessment with no Party

paying more than 25 per cent (in US dollars)

PARTY

UNITED NATIONS

SCALE OF

ASSESSMENT

FOR 2000

ADJUSTED TO

EXCLUDE NONCONTRIBUTORS

ADJUSTED

PERCENTAGES

WITH 25%

CEILING

CONSIDERED

CONTRIBUTIONS

BY PARTIES

FOR THE

YEAR 2000

Algeria 0.086 0.000 0.000 0

Antigua and Barbuda 0.002 0.000 0.000 0

Argentina 1.103 1.103 1.082 39,833

Australia 1.483 1.483 1.455 53,555

Austria 0.942 0.942 0.924 34,018

Azerbaijan 0.011 0.000 0.000 0

Bahamas 0.015 0.000 0.000 0

Bahrain 0.017 0.000 0.000 0

Bangladesh 0.010 0.000 0.000 0

Barbados 0.008 0.000 0.000 0

Belarus 0.057 0.000 0.000 0

Belgium 1.104 1.104 1.083 39,869

Belize 0.001 0.000 0.000 0

Benin 0.002 0.000 0.000 0

Bolivia 0.007 0.000 0.000 0

Bosnia and Herzegovina 0.005 0.000 0.000 0

Botswana 0.010 0.000 0.000 0

Brazil 1.471 1.471 1.444 53,122

Brunei Darussalam 0.020 0.000 0.000 0

Bulgaria 0.011 0.000 0.000 0

Burkina Faso 0.002 0.000 0.000 0

Burundi 0.001 0.000 0.000 0

Cameroon 0.013 0.000 0.000 0

Canada 2.732 2.732 2.681 98,661

Central African Republic 0.001 0.000 0.000 0

Chad 0.001 0.000 0.000 0

Chile 0.136 0.136 0.133 4,911

China 0.995 0.995 0.977 35,932
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PARTY

UNITED NATIONS

SCALE OF

ASSESSMENT

FOR 2000

ADJUSTED TO

EXCLUDE NONCONTRIBUTORS

ADJUSTED

PERCENTAGES

WITH 25%

CEILING

CONSIDERED

CONTRIBUTIONS

BY PARTIES

FOR THE

YEAR 2000

Colombia 0.109 0.109 0.107 3,936

Comoros 0.001 0.000 0.000 0

Congo 0.003 0.000 0.000 0

Costa Rica 0.016 0.000 0.000 0

Côte d'Ivoire 0.009 0.000 0.000 0

Croatia 0.030 0.000 0.000 0

Cuba 0.024 0.000 0.000 0

Cyprus 0.034 0.000 0.000 0

Czech Republic 0.107 0.107 0.105 3,864

Democratic Republic of the Congo 0.007 0.000 0.000 0

Democratic People's Republic of

 Korea

0.015 0.000 0.000 0

Denmark 0.692 0.692 0.679 24,990

Dominica 0.001 0.000 0.000 0

Dominican Republic 0.015 0.000 0.000 0

Ecuador 0.020 0.000 0.000 0

Egypt 0.065 0.000 0.000 0

El Salvador 0.012 0.000 0.000 0

Estonia 0.012 0.000 0.000 0

Ethiopia 0.006 0.000 0.000 0

European Community 2.500 2.500 2.500 91,993

Federated States of Micronesia 0.001 0.000 0.000 0

Fiji 0.004 0.000 0.000 0

Finland 0.543 0.543 0.533 19,609

France 6.545 6.545 6.423 236,359

Gabon 0.015 0.000 0.000 0

Gambia 0.001 0.000 0.000 0

Georgia 0.007 0.000 0.000 0

Germany 9.857 9.857 9.674 355,965

Ghana 0.007 0.000 0.000 0

Greece 0.351 0.351 0.344 12,676

Grenada 0.001 0.000 0.000 0

Guatemala 0.018 0.000 0.000 0

Guinea 0.003 0.000 0.000 0

Guyana 0.001 0.000 0.000 0
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PARTY

UNITED NATIONS

SCALE OF

ASSESSMENT

FOR 2000

ADJUSTED TO

EXCLUDE NONCONTRIBUTORS

ADJUSTED

PERCENTAGES

WITH 25%

CEILING

CONSIDERED

CONTRIBUTIONS

BY PARTIES

FOR THE

YEAR 2000

Honduras 0.003 0.000 0.000 0

Hungary 0.120 0.120 0.118 4,334

Iceland 0.032 0.000 0.000 0

India 0.299 0.299 0.293 10,798

Indonesia 0.188 0.188 0.185 6,789

Iran, Islamic Republic of 0.161 0.161 0.158 5,814

Ireland 0.224 0.224 0.220 8,089

Israel 0.350 0.350 0.343 12,640

Italy 5.437 5.437 5.336 196,346

Jamaica 0.006 0.000 0.000 0

Japan 20.573 20.573 20.191 742,951

Jordan 0.006 0.000 0.000 0

Kazakhstan 0.048 0.000 0.000 0

Kenya 0.007 0.000 0.000 0

Kiribati 0.001 0.000 0.000 0

Kuwait 0.128 0.128 0.126 4,622

Lao People's Democratic Republic 0.001 0.000 0.000 0

Latvia 0.017 0.000 0.000 0

Lebanon 0.016 0.000 0.000 0

Lesotho 0.002 0.000 0.000 0

Liberia 0.002 0.000 0.000 0

Libyan Arab Jamahiriya 0.124 0.124 0.122 4,478

Liechtenstein 0.006 0.000 0.000 0

Lithuania 0.015 0.000 0.000 0

Luxembourg 0.068 0.000 0.000 0

Madagascar 0.003 0.000 0.000 0

Malawi 0.002 0.000 0.000 0

Malaysia 0.183 0.183 0.180 6,609

Maldives 0.001 0.000 0.000 0

Mali 0.002 0.000 0.000 0

Malta 0.014 0.000 0.000 0

Marshall Islands 0.001 0.000 0.000 0

Mauritania 0.001 0.000 0.000 0

Mauritius 0.009 0.000 0.000 0

Mexico 0.995 0.995 0.977 35,932
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PARTY

UNITED NATIONS

SCALE OF

ASSESSMENT

FOR 2000

ADJUSTED TO

EXCLUDE NONCONTRIBUTORS

ADJUSTED

PERCENTAGES

WITH 25%

CEILING

CONSIDERED

CONTRIBUTIONS

BY PARTIES

FOR THE

YEAR 2000

Moldova 0.010 0.000 0.000 0

Monaco 0.004 0.000 0.000 0

Mongolia 0.002 0.000 0.000 0

Morocco 0.041 0.000 0.000 0

Mozambique 0.001 0.000 0.000 0

Myanmar 0.008 0.000 0.000 0

Namibia 0.007 0.000 0.000 0

Nepal 0.004 0.000 0.000 0

Netherlands 1.632 1.632 1.602 58,936

New Zealand 0.221 0.221 0.217 7,981

Nicaragua 0.001 0.000 0.000 0

Niger 0.002 0.000 0.000 0

Nigeria 0.032 0.000 0.000 0

Norway 0.610 0.610 0.599 22,029

Pakistan 0.059 0.000 0.000 0

Panama 0.013 0.000 0.000 0

Papua New Guinea 0.007 0.000 0.000 0

Paraguay 0.014 0.000 0.000 0

Peru 0.099 0.000 0.000 0

Philippines 0.081 0.000 0.000 0

Poland 0.196 0.196 0.192 7,078

Portugal 0.431 0.431 0.423 15,565

Qatar 0.033 0.000 0.000 0

Republic of Korea 1.006 1.006 0.987 36,330

Republic of Moldova 0.010 0.000 0.000 0

Romania 0.056 0.000 0.000 0

Russian Federation 1.077 1.077 1.057 38,894

Saint Kitts and Nevis 0.001 0.000 0.000 0

Saint Lucia 0.001 0.000 0.000 0

Saint Vincent and the Grenadines 0.001 0.000 0.000 0

Samoa 0.001 0.000 0.000 0

Saudi Arabia 0.562 0.562 0.552 20,295

Senegal 0.006 0.000 0.000 0

Seychelles 0.002 0.000 0.000 0

Singapore 0.179 0.179 0.176 6,464
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PARTY

UNITED NATIONS

SCALE OF

ASSESSMENT

FOR 2000

ADJUSTED TO

EXCLUDE NONCONTRIBUTORS

ADJUSTED

PERCENTAGES

WITH 25%

CEILING

CONSIDERED

CONTRIBUTIONS

BY PARTIES

FOR THE

YEAR 2000

Slovakia 0.035 0.000 0.000 0

Slovenia 0.061 0.000 0.000 0

Solomon Islands 0.001 0.000 0.000 0

South Africa 0.366 0.366 0.359 13,217

Spain 2.591 2.591 2.543 93,569

Sri Lanka 0.012 0.000 0.000 0

Sudan 0.007 0.000 0.000 0

Suriname 0.004 0.000 0.000 0

Swaziland 0.002 0.000 0.000 0

Sweden 1.079 1.079 1.059 38,966

Switzerland 1.215 1.215 1.192 43,877

Syrian Arab Republic 0.064 0.000 0.000 0

Tajikistan 0.004 0.000 0.000 0

Thailand 0.170 0.170 0.167 6,139

The former Yugoslav Republic of

 Macedonia

0.004 0.000 0.000 0

Togo 0.001 0.000 0.000 0

Tonga 0.001 0.000 0.000 0

Trinidad and Tobago 0.016 0.000 0.000 0

Tunisia 0.028 0.000 0.000 0

Turkey 0.440 0.440 0.432 15,890

Turkmenistan 0.006 0.000 0.000 0

Tuvalu 0.001 0.000 0.000 0

Uganda 0.004 0.000 0.000 0

Ukraine 0.190 0.190 0.186 6,861

United Arab Emirates 0.178 0.178 0.175 6,428

United Kingdom of Great Britain

 and Northern Ireland

5.092 5.092 4.997 183,887

United Republic of Tanzania 0.003 0.000 0.000 0

United States of America 25.000 25.000 24.535 902,823

Uruguay 0.048 0.000 0.000 0

Uzbekistan 0.025 0.000 0.000 0

Vanuatu 0.001 0.000 0.000 0

Venezuela 0.160 0.160 0.157 5,778

Viet Nam 0.007 0.000 0.000 0

Yemen 0.010 0.000 0.000 0
UNEP/OzL.Pro.10/9

Page 64

/...

PARTY

UNITED NATIONS

SCALE OF

ASSESSMENT

FOR 2000

ADJUSTED TO

EXCLUDE NONCONTRIBUTORS

ADJUSTED

PERCENTAGES

WITH 25%

CEILING

CONSIDERED

CONTRIBUTIONS

BY PARTIES

FOR THE

YEAR 2000

Yugoslavia 0.026 0.000 0.000 0

Zambia 0.002 0.000 0.000 0

Zimbabwe 0.009 0.000 0.000 0

TOTAL CONTRIBUTIONS 103.586 101.847 100.000 3,679,702

Difference due to rounding (2)

TOTAL APPROVED BUDGET 3,679,704
UNEP/OzL.Pro.10/9

Page 65

Annex V

DECLARATION ON HYDROCHLOROFLUOROCARBONS (HCFCs),

HYDROFLUOROCARBONS (HFCs) AND PERFLUOROCARBONS (PFCs)

by

AUSTRIA, AZERBAIJAN, BELGIUM, BOLIVIA, BOTSWANA, BULGARIA, COSTA RICA,

CROATIA, CUBA, CZECH REPUBLIC, DENMARK, ESTONIA, EUROPEAN COMMUNITY,

FINLAND, FRANCE, GERMANY, GEORGIA, GREECE, HUNGARY, ICELAND,

IRELAND, ITALY, LAO PEOPLE'S DEMOCRATIC REPUBLIC, LATVIA,

LESOTHO, LIECHTENSTEIN, LITHUANIA, LUXEMBOURG, MADAGASCAR,

NETHERLANDS, NORWAY, POLAND, ROMANIA, SLOVAKIA, SLOVENIA,

SPAIN, SWEDEN, SWITZERLAND, UNITED KINGDOM

AND UZBEKISTAN

The above Parties present at the Tenth Meeting of the Parties to the Montreal Protocol,

Concerned about the continuing depletion of the ozone layer of both the northern and southern

hemispheres,

Mindful of the scientific indications that global warming could delay the recovery of the ozone

layer,

Being aware that further reductions in the emissions of hydrochlorofluorocarbons (HCFCs) would

have a beneficial effect on the ozone layer, especially in the coming years when chlorine concentrations in

the stratosphere will reach a critical maximum,

Being also aware that more environmentally sound alternative substances and technologies are

commercially available for virtually all HCFC applications and are being increasingly used,

Noting that Annex A to the Kyoto Protocol includes hydrofluorocarbons (HFCs) and

perfluorocarbons (PFCs) in view of their high global-warming potential,

Concerned that a large number of projects using HCFCs, in particular HCFC-141b, have been

funded by the Multilateral Fund, where other, more environmentally friendly, alternatives or technologies

are available,

1. Call upon all bodies of the Montreal Protocol not to support the use of transitional

substances (HCFCs) where more environmentally friendly alternatives or technologies are available;

2. Urge all Parties to the Montreal Protocol to consider all ODS replacement technologies,

taking into account their total global-warming potential, so that the use of alternatives with a high

contribution to global warming should be discouraged where other, more environmentally friendly, safe and

technically and economically feasible alternatives or technologies are available.

Cairo, 24 November 1998

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