UNEP/OzL.Pro.21/5-UNEP/OzL.Pro/ImpCom/43/2

UNITED
NATIONS /

EP

UNEP/OzL.Pro.21/5-
UNEP/OzL.Pro/ImpCom/43/2
/
United Nations

Environment

Programme

/ Distr.: General
22 September 2009
Original: English

1

UNEP/OzL.Pro.21/5-UNEP/OzL.Pro/ImpCom/43/2

Twenty-First Meeting of the Parties to the
Montreal Protocol on Substances that
Deplete the Ozone Layer
Port Ghalib, Egypt, 4–8 November 2009
Item 11 of the provisional agenda of the preparatory segment[*]
Compliance and data-reporting issues / Implementation Committee under the
Non-Compliance Procedure for the
Montreal Protocol
Forty-third meeting
Port Ghalib, Egypt, 31 October–1 November 2009
Items 3 and 6 of the provisional agenda[**]
Report by the Secretariat on data under Article 7 of the Montreal Protocol
Considerationof other non-compliance issues arising out of the data report

Information provided by Parties in accordance with Article7 of the Montreal Protocol on Substances that Deplete the Ozone Layer

Report by the Secretariat

Introduction

  1. The present report is prepared pursuant to paragraph (c) of Article 12 of the Montreal Protocol and contains information received by the Secretariat, as at 22 September 2009, pursuant to Article 7 of the Protocol.
  2. Article 7 of the Montreal Protocol provides:

(a)That, for base-year data,[1] “each Party shall provide to the Secretariat, within three months of becoming a Party, statistical data on its production, imports and exports of each of the controlled substances in Annex A for the year 1986 … in Annexes B and Annex C for the year 1989 [and] in Annex E, for the year 1991, or the best possible estimates of such data where actual data are not available …”;

(b)That, for annual data, “each Party shall provide to the Secretariat statistical data on its annual production (as defined in paragraph 5 of Article 1) of each of the controlled substances listed in Annexes A, B, C and E and, separately, for each substance, amounts used for feedstock, amounts destroyed by technologies approved by the Parties, and imports from and exports to Parties and nonParties respectively, for the year during which provisions concerning the substances in Annexes A, B, C and E respectively entered into force for that Party and for each year thereafter ... Data shall be forwarded not later than nine months after the end of the year to which the data relate”;

(c)That, for annual data on recovered substances, “each Party shall provide to the Secretariat separate statistical data of its annual imports and exports of each of the controlled substances listed in Group II of Annex A and Group I of Annex C that have been recycled”.

  1. Throughout the present report and its annexes, negative values for calculated production for a given year imply that quantities destroyed or exported for feedstock uses exceeded production for that year. Similarly, negative values for calculated consumption indicate that exports for the year exceeded production and imports, implying that the exports came from stockpiles. Figures in the present report and its annexes relating to quantities of controlled substances have been rounded to one decimal point in accordance with the guidance provided at the Eighteenth Meeting of the Parties (document UNEP/OzL.Pro.18/10, paragraphs 145–147).
  2. Table 1 lists the annexes to the present report and outlines their content.

Table 1
Annexes to the present report

Description
I (a), I (b) and I (c) / 2008 data on calculated production and consumption by Parties
II / 2008 comparison of production, import and export of substances
III / 2008 import and export of new and recovered substances
IV / 2008 recovered ozone-depleting substances imported and exported by Parties
V / 2008 data reported for laboratory and analytical uses
VI / Summary by region: 2008 data on production and consumption
VII (a), VII (b) and VII (c) / 2007 data on calculated production and consumption by Parties
VIII / Information submitted by Spain on exports to meet the basic domestic needs of Parties operating under paragraph 1 of Article 5 (decision XVII/12(2))
IX / Consolidated record of cases of stockpiling in accordance with decision XVIII/17

A.Status of ratification of the Montreal Protocol and its London, Copenhagen, Montreal and Beijing Amendments

  1. The obligations of a Party under the Montreal Protocol are determined by the amendments to the Protocol that a Party has ratified, in addition to obligations under the non-amended Protocol. Table 2 summarizes the number of ratifications as at 22 September 2009.

Table 2
Summary of the status of ratification as at 22 September 2009

Instrument / Number of Parties that have ratified the instrument
Vienna Convention / 196
Montreal Protocol / 196
London Amendment / 193
Copenhagen Amendment / 190
Montreal Amendment / 177
Beijing Amendment / 158
  1. The following figure depicts the status of ratification of the amendments in terms of the percentage of Parties to the Montreal Protocol that have ratified the various amendments.

Status of ratification of the amendments to the Montreal Protocol

Note: VC –Vienna Convention; MP –Montreal Protocol; LA –London Amendment;

CA –Copenhagen Amendment; MA –Montreal Amendment; BA –Beijing Amendment

  1. Table 3 summarizes the data-reporting obligations and control measures associated with the various amendments to the Protocol:

Table 3
Obligations associated with the various amendments to the Protocol

Instrument / Applicable annex groups’ reporting requirements and control measures
Montreal Protocol / Annex A, Groups I and II (CFCs and halons)
London Amendment / Annex B, Groups I, II and III, and (other CFCs, carbon tetrachloride and methyl chloroform)
Annex C, Group I (HCFCs – reporting requirement only)
Copenhagen Amendment / Annex C, Groups I and II, and Annex E, Group I (HCFCs, HBFCs and methyl bromide)
Beijing Amendment / Annex C, Group III (bromochloromethane)

B.Status of reporting of baseyear data (Article 7, paragraphs 1 and 2)

  1. Table 4 summarizes the reporting obligations under paragraphs 1 and 2 of Article 7, which Parties assume upon ratification of the various instruments under the Protocol, and the length of time after ratification that a Party has to fulfil these obligations:

Table 4
Base-year reporting obligations under paragraphs 1 and 2 of Article 7

Ratification / Annexes for which reporting is required / Base year to be reported / Period within which report is required
Montreal Protocol / A / 1986 / 6 months
London Amendment / B and C / 1989 / 6 months
Copenhagen Amendment / E / 1991 / 6 months
  1. Article 7 also provides that Parties should submit best possible estimates of the data referred to above where actual data are not available.
  2. Based on the treaties that Parties have ratified so far and the dates of ratification thereof, no Parties are in non-compliance with the requirement to report their base-year data under paragraphs 1 and 2 of Article 7.
  3. Based on the treaties that Parties have ratified and the dates of ratification thereof, all Parties except Andorra have submitted their baseyear data as required. Andorra, whose details are listed in table 5, only recently ratified the instruments, whose base-year reporting obligations the Party is yet to meet.

Table 5

Parties that have not yet reported base-year data

Party / Annexes for which base-year data have not been reported / Remarks
Andorra / A (1986), B (1989), C (1989), E (1991) / Party was required to report base-year data by 26July 2009. Ratified the Montreal Protocol and the London and Copenhagen Amendments on 26January 2009.

C.Status of reporting of baseline data by Parties operating under paragraph 1 of Article 5 (Article5, paragraphs 3 and 8 ter)

  1. Paragraphs 3 and 8 ter of Article 5 define the baseline data required from Parties operating under paragraph 1 of Article 5 to determine compliance with the control measures under Articles 2A–2I of the Protocol, as amended and adjusted by Article 5. The baseline data requirements for Parties operating under paragraph 1 of Article 5 are indicated in table 6.

Table 6

Baseline data for Parties operating under paragraph 1 of Article5

Annex / Baseline for consumption or production / Ratification required to bind the Party
A / Average for 1995–1997 / Montreal Protocol
B / Average for 1998–2000 / London Amendment
E / Average for 1995–1998 / Copenhagen Amendment
  1. Based on the treaties that Parties operating under paragraph 1 of Article 5 have ratified, the dates of ratification thereof, and the annual data reported so far by Parties, no Parties are in noncompliance with the requirement to report baseline data under paragraphs 3 and 8 ter of Article 5.

D.Status of compliance with annual data-reporting requirements (Article 7, paragraphs 3and 3 bis) for the period 1986–2008

  1. Paragraph 3 of Article 7 of the Montreal Protocol provides that all Parties are required to report data for a given year to the Secretariat not later than nine months after the end of that year. For the period 1986–2007, all Parties are in full compliance with their data-reporting obligations under paragraph 3 of Article 7.
  2. For 2008, of the 193 Parties required to report data, 144 (37 Parties not operating under paragraph 1 of Article 5 and 107 so operating) have met their data-reporting obligations as at 22September 2009. The calculated production and consumption data reported for 2008 are presented in annexes I (a), I (b) and I (c)to the present report.
  3. Decision XX/12 encouraged Parties to continue to report consumption and production data as soon as figures were available and preferably by 30 June each year, as agreed in decision XV/15. By 30June 2009, of the 193 Parties required to report data for the year 2008, 64 (52 Parties operating under paragraph 1 of Article 5 and 12 not so operating) had reported data for 2008.
  4. Under Article 7, Parties are required to report data for 2008 by 30 September 2009. Since the present report has been prepared prior to that date, the remaining Parties that have not reported for 2008 will be reviewed in an addendum to the present report to list those Parties that will be in noncompliance with theobligation to report2008 data by the end of September 2009.

E.Other details of data reported for 2008

  1. The following three Parties were granted essential-use exemptions for chlorofluorocarbons for2008: European Community (200 metric tonnes), Russian Federation (352 metric tonnes) and United States of America (385 metric tonnes). All have submitted to the Secretariat their reporting accounts on the quantities and uses of ozone-depleting substances produced and consumed for essential usesin accordance with paragraph 9 of decision VIII/9, which provides for Parties that have been granted essential-use exemptions for previous years to submit their report by 31 January each year.
  2. Similarly, the following seven Parties were granted critical-use exemptions for methyl bromide for 2008: Australia (48.45 metric tonnes), Canada (42.179 metric tonnes), European Community member StatesPoland (12.995 metric tonnes) and Spain (232.151 metric tonnes), Israel (860.672 metric tonnes), Japan (443.775 metric tonnes) and United States of America (4,595.04 metric tonnes). All have submitted their reporting accounts for 2008 in accordance with decisionXVI/6.
  3. The following nine Parties not operating under paragraph 1 of Article 5 reported production of controlled ozone-depleting substances for 2008: Canada, CzechRepublic, Germany, Israel, Italy, Netherlands, Russian Federation, Spain and United States of America. Other producing Parties are yet to report data for 2008.
  4. The following two Parties operating under Article 5 have reported production of controlled ozonedepleting substances for 2008: Argentina and Mexico. Other producing Parties are yet to report data for 2008.
  5. Production of methyl bromide in 2008 was reported by Israel and United States of America. Exports of methyl bromide in 2008 were reported by the following eight Parties: Australia, El Salvador, European Community, Israel, Mexico, New Zealand, Singapore and United States of America.
  6. There were no reported exports in 2008 of hydrobromofluorocarbons, although two Parties reported imports thereof.
  7. Exports of bromochloromethane in 2008 were reported by the following three Parties: European Community, Israel and United States of America.
  8. The following 21 Parties reported exports of ozone-depleting substances for 2008, together with export destinations, as required for Annex A and B substances under paragraph 4 of decision VII/9, and as further revised to include all other substances in decision XVII/16: Antigua and Barbuda, Argentina, Australia, Brazil, Canada, Croatia, Cuba, El Salvador, European Community, Fiji, Israel, Lebanon, Mauritius, Mexico, Netherlands, New Zealand, Russian Federation, Serbia, Singapore, Switzerland and United States of America. Five of these Parties – Argentina, Canada, European Community, Israel and United States of America – also reported exports of ozone-depleting substances for 2008 where some export quantities for individual destinations were not specified.
  9. Two Parties – Trinidad and Tobagoand Turkey – reported exports of ozonedepleting substances for 2008 but did not specify quantities for individual destinations for any of their exports.
  10. Annex II to the present report contains a summary of the comparison of reported production, import and export of substances by the Parties for 2008.
  11. Annex III to the present report contains a summary of the comparison of reported import and export of new and recovered substances for 2008.
  12. Annex IV to the present report contains a list of the reported recovered ozone-depleting substances imported and exported by the Parties in 2008.
  13. Parties that have submitted production or consumption data for laboratory and analytical uses for 2008 are listed in annex V to the present report.
  14. Annex VI to the present report provides a summary by region of the calculated production and consumption data for 2008.
  15. The calculated production and consumption data reported for 2007 arepresented in annexes VII (a), VII (b) and VII (c) to the present report.

F.Status of compliance with the control measures for 2008 by Parties not operating under paragraph 1 of Article 5

  1. The control measures applicable to Parties not operating under paragraph 1 of Article 5 for 2008 are summarized in table 7.

Table 7
Control measures applicable to Parties not operating under paragraph 1 of Article 5 for 2008

Annex and group(s) / Control measures applicable in 2008 to production and consumption*
A, B, C/II, C/III and E / Phase-out of production and consumption
C/I (HCFCs) / Production: Freeze at baseline levels
Consumption: No greater than 65 per cent of the baseline
* except for quantities allowed, approved or exempted by the Protocol or the Meeting of the Parties
  1. For Parties not operating under paragraph 1 of Article 5, permitted deviations are limited to approved essentialuse or critical-use exemptions, laboratory and analytical uses, and increased production for satisfying the basic domestic needs of Parties so operating. In reviewing compliance, the Secretariat also takes into account transfer of production rights between Parties.
  2. Excess production or consumption attributable to stockpiling under the scenarios described in decision XVIII/17 are also recorded for information purposes only and are not subject to the noncompliance procedure, as directed by the Parties in that decision.
  3. Table 8 shows all cases of deviation from the consumption-reduction schedules suggested by the data submitted by Parties not operating under paragraph 1 of Article 5 for the year 2008.

Table 8
Deviation from consumption-reduction schedules by Parties not operating under paragraph 1 of Article5 in 2008

Party / Annex and group / ODP-tonnes / Explanation or comment
Baseline / 2008 Consumption
  1. Australia
/ E/I / 422.4 / 14.8 / Critical uses = 24.6 ODP-t. Exempted amount = 29.1 ODPt in decisions XVIII/13(2) and XIX/9(1).
  1. Belarus
/ E/I / 0 / 0.6 / Clarification pending: Excess = 0.6 ODP-t.
  1. Canada
/ B/II / 6167.7 / 0.2 / Laboratory and analytical uses = 0.2 ODP-t.
E/I / 120.1 / 19.8 / Critical uses = 19.8 ODP-t. Exempted amount = 25.3 ODPt in decisions XVIII/13(2) and XIX/9(1).
  1. European Community
/ C/II / 0 / 2 / Stockpile for export to meet basic domestic needs of Article 5 Parties in a future year (para. 1(a) of decision XVIII/17) = 2.0 ODP-t.
E/I / 11530 / 191.9 / Clarification pending: Critical uses = 198.0 ODP-t. This exceeds the exempted amount = 147.1 ODP-t in decision XIX/9(1).
  1. Israel
/ B/II / 473 / 0.5 / Laboratory and analytical uses = 0.5 ODP-t.
E/I / 2148 / 359.9 / Critical uses = 359.9 ODP-t. Exempted amount = 516.4 ODP-t in decision XIX/9(1).
  1. Norway
/ A/II / 1411 / 4.8 / Laboratory and analytical uses = 4.8 ODP-t.
  1. Russian Federation
/ A/I / 100352 / 324 / Essential uses = 324.0 ODP-t. Exempted amount = 324.0 ODP-t in decisions XIX/14 and XIX/13.
  1. Switzerland
/ B/II / 4.7 / 1 / Laboratory and analytical uses = 1.5 ODP-t.
  1. United States of America
/ E/I / 15317.4 / 1816.7 / Critical uses = 1,821.6 ODP-t. Exempted amount = 2,757.0 ODP-t in decision XVIII/13(2).
  1. Table 9 lists all cases of deviation from the production-reduction schedules suggested by the data submitted by Parties not operating under paragraph 1 of Article 5 for 2008.

Table 9

Deviations from production-reduction schedules by Parties not operating under paragraph 1 of Article 5 in 2008

Party / Annex and group / ODP-tonnes / Explanation or comment
Baseline / 2008 Production
  1. Israel
/ E/I / 16800 / 2094.1 / Critical uses = 304.7 ODP-t. Exempted amount = 516.4 ODP-t in decision XIX/9(1). Production for export for exempted uses = 305.9 ODP-t. Production for basic domestic needs of Article 5 Parties = 1,483.5 ODP-t. Basic domestic needs allowance of 3,283.1 ODP-t.
  1. Russian Federation
/ A/I / 105296 / 112 / Essential uses = 112.0 ODP-t. Exempted amount = 324.0 ODP-t in decisions XIX/14 and XIX/13.
  1. Spain
/ A/I / 33728 / 1293 / Productionfor essential uses = 211.5 ODP-t. Production for basic domestic needs of Article 5 Parties = 1,081.5 ODP-t. Received production rights of 1,044.5 ODPt. Basic domestic needs allowance of 407.7 ODP-t.
  1. United States of America
/ A/I / 311021.2 / 31.6 / Essential uses = 27.0 ODP-t. Exempted amount = 385.0 ODP-t in decision XVIII/7(1). Laboratory and analytical Uses = 15.4 ODP-t. Production for basic domestic needs of Article 5 Parties = 453.8 ODP-t. Received production rights of 412.0 ODP-t. Basic domestic needs allowance of 821.9 ODP-t.
B/III / 31517 / 99 / Production for basic domestic needs of Article 5 Parties = 125.0 ODP-t. Basic domestic needs allowance of 4,727.6 ODP-t.
E/I / 16908 / 3770.7 / Production for critical uses = 1,559.4 ODP-t. Exempted amount = 2,757.0 ODP-t in decision XVIII/13(2). Production for export for exempted uses = 77.8 ODP-t. Production for basic domestic needs of Article 5 Parties = 2138.5 ODP-t. Basic domestic needs allowance of 2,474.6 ODP-t.

G.Status of compliance with the control measures for 2008 by Parties operating under paragraph 1 of Article 5

  1. The control measures applicable to Parties operating under paragraph 1 of Article 5 for 2008 are summarized in table 10.

Table 10
Control measures applicable to Parties operating under Article 5 for 2008

Annex and group(s) / Control measures applicable in 2008 to production and consumption*
A/I (CFCs) / No greater than 15 per cent of the baseline
A/II (halons) / No greater than 50 per cent of the baseline
B/I (other CFCs) / No greater than 15 per cent of the baseline
B/II (carbon tetrachloride) / No greater than 15 per cent of the baseline
B/III (methyl chloroform) / No greater than 70 per cent of the baseline
C/II and C/III (HBFCs and BCM) / 100 per cent phase-out
E/I (methyl bromide) / No greater than 80 per cent of the baseline
* except for quantities allowed, approved or exempted by the Protocol or the Meeting of the Parties
  1. For Parties operating under paragraph 1 of Article5, permitted deviations are currently limited to laboratory and analytical uses specified under decision XVII/13 and increased production for meeting the basic domestic needs of Parties operating under paragraph 1 of Article 5.
  2. Excess production or consumption attributable to stockpiling under the scenarios described in decision XVIII/17 are recorded for information purposes only and are not subject to the noncompliance procedure, as directed in that decision.
  3. Table 11 lists all cases of deviation from the consumption-reduction schedules suggested by the data submitted by Parties operating under paragraph 1 of Article 5 for 2008.
  4. For Parties that may previously have been in non-compliance and that have decisions outlining plans of actions with time-specific benchmarks for return to compliance, the limits specified in those decisions are used as the primary determinant of that Party’s adherence to its obligations to reduce its production and consumption levels. Since the decisions for such Parties call for close monitoring of the progress of those Parties with regard to their implementation of their plans of action, they are all included in the table of deviations below for information purposes.

Table 11
Deviation from consumption-reduction schedules by Parties operating under paragraph 1 of Article 5 for 2008