Brussels, 12.11.2004

SEC(2004)1376 final

RECOMMENDATION FROM THE COMMISSION TO THE COUNCIL

for the European Community to negotiate on an amendment to Article 2(10) and adjustments to the Montreal Protocol on substances that deplete the ozone layer

A. EXPLANATORY MEMORANDUM

1. The Community and its Member States are Parties to the Vienna Convention for the protection of the ozone layer and to the protocol adopted under that convention, the Montreal Protocol on Substances that Deplete the Ozone Layer. The XV1th meeting of the Parties will take place in Prague from 22-26 November 2004. An Open-Ended Working Group to prepare the Prague meeting took place in Geneva from 12-16 July 2004.

2. The Secretariat of the Convention circulated on 28 May a proposed amendment to Article 2(10), put forward by the European Community (see annexes). The proposal aims to introduce an accelerated procedure for the introduction of new controlled substances. It would also incorporate adequate procedural safeguards, so that no Party need be bound by a decision to modify the Protocol until it is in a position to comply with any new obligations (‘opt-out’).

3. The main objective of the Recommendation is that the European Commission be authorised, on behalf of the European Community, to take part in the negotiations on an amendment for an expedited procedure for adding new ozone depleting substances to the control measures provided for under the Montreal Protocol. In addition, there is a need for a coordinated Community position at the XVIth meeting of the Parties for the adjustment of the control schedule for methyl bromide, applicable to Article 5 countries (developing countries), essentially through proposing interim reduction steps leading to phase out. Community coordination is also needed for other issues, notably critical use nominations for methyl bromide for developed countries.

4. These negotiating objectives were discussed with Member States in a National Expert meeting on the 6 May 2004 and during the preparatory meeting of the Parties to the Montreal Protocol in Geneva, 12-16 July 2004, where there was full agreement.

5. The proposal will have no impact on the Community budget. Any conclusions that may emerge from the meeting requiring implementation through Community law should be consistent with the Treaty and in particular the Community's ozone regulation on “Substances that Deplete the Ozone Layer”– (EC) 2037/2000.

B. RECOMMENDATION

In the light of the above, the Commission recommends that the Council authorises that :

a) The Commission will participate, on behalf of the European Community, in the negotiations on the amendment to Article 2(10) of the Montreal Protocol on substances that deplete the ozone layer and other matters of substance affecting the implementation of Regulation (EC) No 2037/2000

b) The Commission will conduct these negotiations on behalf of the European Community in consultation with the special committee designated by the Council,

c) To the extent that the agreement falls partly within the competence of the Community and by the competence of the Member States, the Commission and the Member States by means of co-ordination on the spot, co-operate closely with the view of arriving at unity in the international representation of the European Community, during the negotiation process, and;

d) That the Council issues the appended negotiating directives.

ANNEX

NEGOTIATING DIRECTIVES

1. The Commission shall ensure that an agreement leading to any revision of the Montreal Protocol and its application are consistent with relevant Community legislation and in particular with Council Regulation (EC) No 2037/2000 on Substances that Deplete the Ozone Layer (OJ L 244 of 29.9.2000).

2. The Commission shall ensure that the draft amendment to the Protocol includes appropriate provisions enabling the Community to become a Party thereto.

3. The Commission shall report to the Council on the outcome of the negotiations and, where appropriate, on any problem that may arise during the negotiations.