Under the Montreal Protocol, "consumption" refers to the supply (production + import - export) of ODSs, and not to the use of ODSs.)of:
by January 1, 1994
Halons
by January 1, 1996
1,1,1-trichloroethane (TCA) or methyl chloroform (MCF)
by January 1, 1996
carbon tetrachloride (CTC)
by January 1, 1996
chlorofluorocarbons (CFCs)
by January 1, 1996
hydrobromofluorocarbons (HBFCs)
by January 1, 1996
other fully halogenated chlorofluorocarbons (other CFCs)
by January 1, 2002
bromochloromethane
by January 1, 2015
methyl bromide
by January 1, 2030
hydrochlorofluorocarbons (HCFCs)
The Fourth Meeting of the Parties agreed to allow for possible exemptions to these production/consumption phase-out dates in order to meet the marketplace demand for uses that are considered "essential." The Parties have established criteria and a procedure to assess nominations for essential use exemptions.
Canada, as a signatory to the Montreal Protocol, must ensure that the requirements of this international treaty are implemented in Canada.
II. Criteria for essential use
For the implementation in Canada of the Montreal Protocol requirements, a use of an ODS shall qualify as "essential" only if:
(1) it is necessary for the health, safety, or is critical for the functioning of society (encompassing cultural and intellectual aspects); and
(2) there are no available technically and economically feasible alternatives or substitutes that are acceptable from the standpoint of environment and health and that are consistent with regulatory regimes.
Furthermore, production and consumption of an ODS for
essential uses after the phase-out dates, if any, shall be permitted only if:
(3) all economically feasible steps have been taken to minimize the essential use and any associated emission of the ODS to the atmosphere; and
(4) the ODS is not available in sufficient quantity and quality from existing stocks of banked or recycled ODSs.
III. Process
The process that leads to decisions on essential use exemptions is as follows:
(01) Application: An organization in a developed country that is a Party to the Montreal Protocol makes an application for an essential use exemption to the relevant authorities in its Government. The Government reviews the application and decides whether it should be nominated.
(02) Nomination: The Party submits its essential use nomination to the Ozone Secretariat of the United Nations Environment Programme (UNEP) by January 31 of the year in which a decision is required; earlier submissions are encouraged.
(03) Assignment: The Ozone Secretariat forwards the nominations to the Technology and Economic Assessment Panel (TEAP) which in turn assigns the nomination to the appropriate Technical Option Committee (TOC). In some circumstances, two or more TOCs may jointly consider the nomination.
(04) Review: The TOC reviews the nomination to determine if it meets the criteria for an essential use established by Decision IV/25. The Panel reviews the TOC report and either recommends the nomination to the Open-Ended Working Group (OEWG) of the Parties to the Montreal Protocol or reports that it is unable to recommend the nomination. The TEAP report to the OEWG is due by April 30 of the year of decision.
(05) Evaluation: The OEWG reviews the TEAP report and
recommends a decision for consideration by the Parties.
(06) Decision: The Meeting of the Parties decides whether to allow production for essential use in accordance with the Montreal Protocol. The Parties may attach conditions to their
approval.
(07) National decision: The Party in possession of an essential use exemption authorizes the applicant to acquire the ODS according to the terms of the decision.
(08) Execution of authorization: The applicant exercises its authorization to use the ODS.
Note: The Montreal Protocol authorizes but does not require production; each applicant must locate a willing supplier and negotiate supply.
IV. Timetable
The Parties agreed, under Decision V/18, that all nominations are due by January 31 for consideration by the Parties at their next meeting, typically in the fall of each year.
The international timetable for the submission of nominations for essential use exemption is as follows:
June-September Applicant organizations prepare and submit nominations to national
Governments.
September-December Governments review applications and prepare nominations to the Ozone Secretariat.
January 31 Deadline for submissions of nominations to the Ozone Secretariat. Nominations received after January 31 will be considered for the next year.
April 30 The TEAP publishes its evaluation and the Ozone Secretariat mails it to the Parties.
June-July The OEWG meets and recommends whether or not the nomination should be approved.
October-November The Parties meet and decide whether or not to grant the exemption for essential use.
V. Information requirements
The form recommended for nomination is attached. It calls for information in the following areas:
role of use in society;
alternatives/substitutes to use;
steps to minimize use;
steps to minimize emissions; and
requested quantity per year.
VI. Canadian assessment of nominations
Only the Government of Canada, as a Party to the Protocol, may nominate essential use exemptions for Canada. Organizations and/or individuals interested in obtaining an exemption for ODSs for 2002 or later are hereby invited to submit nominations to the Department of the Environment.
The Department of the Environment will evaluate all nominations received in order to decide whether to support them for international review using the following process and schedule:
(1) Written submissions must be received at the following address by September 1, 2000: Jean M. Carbonneau, Ozone Protection Programs Section, Commercial Chemicals Evalua-tion Branch, Environment Canada, Place Vincent Massey, 12th Floor, Hull, Quebec K1A 0H3, (819) 953-1675 (Tele-phone), (819) 994-0007 (Facsimile), jean.carbonneau@ec.gc.ca
(e-mail).
(2) Applicants must demonstrate that all elements of the essential use criteria described above have been met. Submissions must contain all the information elements.
(3) Nominations will be rigorously evaluated in consultation with independent recognized experts, other government departments and non-government organizations who will have complete access to all submitted information.
(4) The final decision to forward any nomination for international consideration rests with the Government of Canada.
FORM to nominate ESSENTIAL USE EXEMPTION for an OZONE-DEPLETING SUBSTANCE
(01) Applicant organization (User).
Organization:
Address:
Contact person:
Telephone:
Facsimile:
Electronic mail:
(02) Identification of nominated use.
A. Please identify and describe in detail the nominated use.
B. Please indicate, for each controlled ODS for the nominated use, the quantity requested for each year being nominated.
Please take note that the TEAP recommended to the Parties that nominations which were granted multi-year exemptions be reviewed annually (for quantities required) and biennially (for essentiality).
(03) Substantiation of nominated use.
A. Role in society.
1. Why is this use necessary for health and/or safety or critical for the functioning of society?
B. Alternatives/Substitutes.
1. Explain what alternatives or substitutes to the nominated use are currently available.
2. Explain what steps are being taken to implement these alternatives and substitutes.
3. Explain why alternatives and substitutes are not sufficient or appropriate to eliminate the nominated use.
C. Steps to minimize use.
1. Describe all steps that are being taken, including the development of ODS-free replacement products, to minimize the nominated use.
2. Describe factors that affect the timetable for the introduction of alternatives and substitutes (including regulatory requirements).
D. Steps to minimize emissions.
1. What steps are being taken to minimize the emissions associated with the nominated use.
2. Estimate the ultimate portion of each nominated ODS emitted in the manufacture or use, or recycled or destroyed. (Fill in the breakdown table).
Breakdown Table
*** TABLE EXTRACTED ***
E. Recycling and Stockpiling.
1. Explain why recycled and stockpiled ODSs are not available in adequate quantity and quality for the nominated use. Give a detailed technical and chemical explanation including descriptions of the appropriate standards of purity for such use.
(04) Substantiation of volumes.
1. Indicate the actual or estimated quantities of controlled substances used in years prior to the first year for which the use is nominated for exemption.
2. Explain the trends in quantities used in years prior
to the year(s) for which the use is nominated for
exemption.
