UNEP/OzL.Pro.ExMP/1/3

14 concerned has demonstrated that there are difficulties in implementing alternatives originally considered to be technically and economically feasible alternatives;
3. To call upon the Executive Committee to adopt criteria for the prolongation of accelerated phase-out agreements when so requested by interested Parties. In developing such criteria, the Executive Committee may request the advice of the Technology and Economic Assessment Panel and Methyl Bromide Technical Options Committee and consider any available information relating to the phase-out project of the Party concerned, Decision Ex.I/3. Critical-use exemptions for methyl bromide for 2005 Reaffirming the obligation to phase out the production and consumption of methyl bromide in accordance with paragraph 5 of Article 2H by 1 January 2005, subject to the availability of an exemption for uses agreed to be critical by the Parties, Recognizing that technically and economically feasible alternatives exist for most uses of methyl bromide, Noting that those alternatives are not always technically and economically feasible in the circumstances of the nominations, Noting also that Article 5 Parties have made substantial progress in the adoption of effective alternatives,
Mindful that exemptions must fully comply with decision IX/6, and are intended to be limited, temporary derogations from the phase-out of methyl bromide,
Mindful also that decision IX/6 permits the production and consumption of methyl bromide for critical uses only if it is not available in sufficient quantity and quality from existing stocks of banked or recycled methyl bromide, Recognizing the desirability of a transparent presentation of data on alternatives to methyl bromide to assist the Parties to understand better the critical-use volumes and to gauge progress on and impediments to the transition, Recognizing also that each Party should aim at significantly and progressively decreasing its production and consumption of methyl bromide for critical uses with the intention of completely phasing out methyl bromide as soon as technically and economically feasible alternatives are available,
Resolved that each Party should revert to methyl bromide only as a last resort and in the situation when a technically and economically feasible alternative to methyl bromide which is in use ceases to be available as a result of de-registration or for other reasons, Taking into account the recommendation by the Technology and Economic Assessment Panel that critical-use exemptions should not be authorized in cases where technically and economically feasible options are registered, available locally and used commercially by similarly situated enterprises, Noting with appreciation the work done by the Technology and Economic Assessment Panel and its Methyl Bromide Technical Options Committee,
1. For the agreed critical uses set forth in annex II A to the report of the First Extraordinary Meeting of the Parties to the Montreeal Protocol 1 for each Party, to permit, subject to the conditions set forth in decision Ex.I/4, the levels of production and consumption set forth in annex II B to the present report which are necessary to satisfy critical uses, with the understanding that additional levels and categories of uses may be approved by the Sixteenth Meeting of the Parties in accordance with decision IX/6;

1 UNEP/OzL.Pro.ExMP/1/3.UNEP/OzL.Pro.ExMP/1/3

15 2. That a Party with a critical-use exemption level in excess of permitted levels of production and consumption for critical uses is to make up any such difference between those levels by using quantities of methyl bromide from stocks that the Party has recognized to be available;
3. That a Party using stocks under paragraph 2 above shall prohibit the use of stocks in the categories set forth in annex II A to the report of the First Extraordinary Meeting of the Parties to the Montreeal Protocol 2 when amounts from stocks combined with allowable production and consumption for critical uses exceed the total level for that Party set forth in annex II A to the present report;
4. That Parties should endeavour to allocate the quantities of methyl bromide recommended by the Technology and Economic Assessment Panel as listed in annex II A to the report of the First Extraordinary Meeting of the Parties 3 ; 5. That each Party which has an agreed critical use should ensure that the criteria in paragraph 1 of decision IX/6 are applied when licensing, permitting or authorizing the use of methyl bromide and that such procedures take into account available stocks. Each Party is requested to report on the implementation of the present paragraph to the Ozone Secretariat;
6. To take note of the proposal by the United States of America on multi-year exemptions, as reflected in paragraph 7 of the paper reproduced in annex III to the present report, and to consider, at the Sixteenth Meeting of the Parties, the elaboration of criteria and a methodology for authorizing multi-year exemptions;
7. Bearing in mind that Parties should aim at significantly and progressively reducing their production and consumption of methyl bromide for critical-use exemptions, that a Party may request reconsideration by the Meeting of the Parties of an approved critical-use exemption in the case of exceptional circumstances, such as unforeseen de-registration of an approved methyl bromide alternative when no other feasible alternatives are available, or where pest and pathogens build resistance to the alternative, or where the use-reduction measures on which the Technology and Economic Assessment Panel based its recommendation as to the level necessary to satisfy critical uses are demonstrated not to be feasible in the specific circumstances of that Party; Decision Ex.I/4. Conditions for granting and reporting critical-use exemptions for methyl bromide Mindful of the principles set forth in the report 4 by the chair of the informal consultation on methyl bromide held in Buenos Aires on 4 and 5 March 2004, namely, fairness, certainty and confidence, practicality and flexibility, and transparency, Recognizing that technically and economically feasible alternatives exist for most uses of methyl bromide, Noting that those alternatives are not always technically and economically feasible in the circumstances of nominations, Noting that Article 5 and non-Article 5 Parties have made substantial progress in the adoption of effective alternatives, Mindful that exemptions must comply fully with decision IX/6 and are intended to be limited, temporary derogations from the phase-out of methyl bromide, Recognizing the desirability of a transparent presentation of data on alternatives to methyl bromide to assist the Parties to understand better the critical-use volumes and to gauge progress on and impediments to the transition from methyl bromide, Resolved that each Party should aim at significantly and progressively decreasing its production and consumption of methyl bromide for critical uses with the intention of completely phasing out methyl bromide as soon as technically and economically feasible alternatives are available,

2 UNEP/OzL.Pro.ExMP/1/3.

3 UNEP/OzL.Pro.ExMP/1/3.

4 UNEP/OzL.Pro.ExMP/1/INF/1, para. 11.