MONTREAL PROTOCOL
ON SUBSTANCES THAT DEPLETE
THE OZONE LAYER
UNEP
Report Of The
Technology And Economic Assessment Panel
May 2012
Volume 3
Decision XXIII/10 Task Force Report
Updating the Nomination and Operational Processes of the Technology and Economic Assessment Panel and Its Subsidiary Bodies
UNEP
May 2012 Report of the Technology and Economic Assessment Panel
Volume 3
Decision XXIII/10 Task Force Report
Updating the Nomination and Operational Processes of the Technology and Economic Assessment Panel and Its Subsidiary Bodies
Montreal Protocol
On Substances that Deplete the Ozone Layer
Report of the
UNEP Technology and Economic Assessment Panel
Volume 3
May 2012
Decision XXIII/10 Task Force Report:
Updating the Nomination and Operational Processes of The Technology And Economic Assessment Panel And Its Subsidiary Bodies
The text of this report is composed in Times New Roman.
Co-ordination: TEAP and its XXIII/10 Task Force
Layout: Lambert Kuijpers and UNEP’s Ozone Secretariat
Reproduction: UNON Nairobi
Date: May 2012
Under certain conditions, printed copies of this report are available from:
UNITED NATIONS ENVIRONMENT PROGRAMME
Ozone Secretariat, P.O. Box 30552, Nairobi, Kenya
This document is also available in portable document format from
http://www.ozone.unep.org/
No copyright involved. This publication may be freely copied, abstracted and cited, with acknowledgement of the source of the material.
Printed in Nairobi, Kenya, 2012.
ISBN: 978-9966-20-010-5
DISCLAIMER
The United Nations Environment Programme (UNEP), the Technology and Economic Assessment Panel (TEAP) co-chairs and members, the Technical and Economic Options Committee, chairs, co-chairs and members, the TEAP Task Forces co-chairs and members, and the companies and organisations that employ them do not endorse the performance, worker safety, or environmental acceptability of any of the technical options discussed. Every industrial operation requires consideration of worker safety and proper disposal of contaminants and waste products. Moreover, as work continues - including additional toxicity evaluation - more information on health, environmental and safety effects of alternatives and replacements will become available for use in selecting among the options discussed in this document.
UNEP, the TEAP co-chairs and members, the Technical and Economic Options Committee, chairs, co-chairs and members, and the Technology and Economic Assessment Panel Task Forces co-chairs and members, in furnishing or distributing the information that follows, do not make any warranty or representation, either express or implied, with respect to the accuracy, completeness, or utility; nor do they assume any liability of any kind whatsoever resulting from the use or reliance upon any information, material, or procedure contained herein.
ACKNOWLEDGEMENT
The UNEP Technology and Economic Assessment Panel and the XXIII/10 Task Force co-chairs and members wish to express thanks to all who contributed from governments, both Article 5 and non-Article 5, as well as to a large number of individuals involved in Protocol issues, without whose involvement the writing of this Task Force Report would not have been possible.
The opinions expressed are those of the Panel and its XXIII/10 Task Force and do not reflect the reviews of any sponsoring or supporting organisation.
The TEAP and its XXIII/10 Task Force thank the Bundesministerium fuer Umwelt, Naturschutz und Reaktorsicherheit in Berlin, Germany, for hosting the TEAP meeting, 26-30 March 2012, where this report was first discussed and proposals were made for a next revised draft to be circulated to all TEAP members for initial comments. The Task Force also thanks the U.S. Environmental Protection Agency Region 5 (Great Lakes) Office Chicago, USA for hosting its second meeting, to conduct further discussion, address comments, and finalise the report. The final draft report was then again reviewed and approved by the entire TEAP membership via e-mail.
Foreword
The May 2012 TEAP Report
The May 2012 TEAP Report consists of three volumes:
Volume 1: May 2012 TEAP Progress Report
Volume 2: May 2012 TEAP XXIII/9 Task Force Report
Volume 3: May 2012 TEAP XXIII/10 Task Force Report
Volume 1
Volume 1 contains the MTOC essential use report, progress reports, the MB CUN report, and TEAP-TOC issues as requested by Decision XXIII/10.
Volume 2
Volume 2 is the Assessment Report of the TEAP XXIII/9 Task Force on additional information on alternatives to ozone-depleting substances.
Volume 3
Volume 3 of the TEAP Progress Report contains the report of the Task Force responding to Decision XXIII/10 (this report).
May 2012 TEAP XXIII/10 Task Force Report vii
UNEP
May 2012 Report of the Technology and Economic Assessment Panel
Volume 3
Decision XXIII/10 Task Force Report
Updating the Nomination and Operational Processes of the Technology and Economic Assessment Panel and Its Subsidiary Bodies
table of contents Page
1 REPORT STRUCTURE 1
2 INTRODUCTION 4
2.1 Mandate and Scope of the Report 4
2.2 Organisation of work 6
3 TOC Expertise and Balance 7
3.1 Balance 7
3.2 Expertise 8
3.2.1 Update of Matrix of Needed Expertise 6
4 Nominations and Appointments 9
4.1 Nominations 10
4.1.1 Nomination information 11
4.1.2 Nominations to TEAP 11
4.1.3 Nominations to TOCs 14
4.1.4 Nominations to TSBs 14
4.2 Appointments 12
4.2.1 Appointments to TEAP 15
4.2.2 Appointments to TOCs 15
4.2.3 Appointments to TSBs 15
4.3 induction of new TOC members 16
5 GUIDELINES FOR THE APPOINTMENT OF TEAP CO-CHAIRS 15
6 PROPOSED REVISION TO MEMBERSHIP NUMBERS IN SUBSIDIARY BODIES 17
6.1 STRUCTURE AND MEMBERSHIP OF TOCs 17
6.1.1 CTOC 17
6.1.2 FTOC 18
6.1.3 HTOC 17
6.1.4 MBTOC 18
6.1.5 MTOC 19
6.1.6 RTOC 20
6.2 STRUCTURE AND MEMBERSHIP OF TSBs 21
7.0 AMENDMENTS TO TOR 21
8.0 RECUSAL GUIDELINES 22
8.1. Mandate 22
8.2. The subject matter 22
8.3. The approach 23
8.4. The structure 23
8.5. The Annex to the Decision 24
9.0 MOVING FORWARD 24
ANNEX A - TEXT OF DECISION XXIII/10 26
ANNEX B – CURRENT MATRICES OF EXPERTISE 29
ANNEX C - DRAFT STANDARDISED NOMINATION FORM 39
ANNEX D - UPDATED TEAP TERMS OF REFERENCE 42
ANNEX E - DRAFT DECISION ON REVISED RECUSAL GUIDELINES 49
May 2012 TEAP XXIII/10 Task Force Report vii
1 Report Structure
This report consists of nine Chapters and five Annexes as follows:
Chapter One provides a description of the contents of the report and how they are organized
Chapter Two presents an introduction to the report, including relevant issues identified by the task force in the course of its work and a description of the scope of work as mandated by Decision XXIII/10. It also includes information on the composition of the task force and on how the task force addressed its work.
Chapter Three addresses the issue of “Expertise and Balance” in the different TOCs presently composing TEAP. It presents current composition of the TEAP and its TOCs and updates the matrix of needed expertise for each TOC.
Chapter Four addresses nominations and appointments to TEAP, TOCs and TSBs. It includes information on how nominations can be made for each of these bodies, plus relevant matters that should be considered when a Party wishes to submit a nomination. The reader is further directed to Annex C for a standardised nomination form. The chapter further addresses appointments to TEAP and its subsidiary bodies and the length (and possible renewal) of such appointments. It finally addresses information that should be given to all new members joining the bodies for the first time.
Chapter Five separately addresses guidelines for the appointment of TEAP co-chairs.
Chapter Six presents proposed revisions to current membership numbers and balance (geographical and A5/ non-A5) in the TOCs and TSBs composing TEAP, as mandated by Decision XXII/10. Each TOC is addressed in a separate section.
Chapter Seven addresses the approach used to consider amendments and updates to the Terms of Reference of the TEAP. The reader is directed to Annex D of this report for a specific proposal in this respect.
Chapter Eight considers issues associated with the development of recusal guidelines for consideration by the Parties.
Chapter Nine describes a way forward as envisioned by the Task Force on the basis of its work.
The report further includes five Annexes as follows:
ANNEX A contains the full text of Decision XXIII/10
ANNEX B presents matrices of expertise of current TOC membership (separately for each TOC)
ANNEX C provides a draft standardised nomination form for consideration by the Parties
ANNEX D presents a draft update of the Terms of Reference of the TEAP
ANNEX E proposes draft recusal guidelines for TEAP, TOC and Task Force members.
May 2012 TEAP XXIII/10 Task Force Report vii
2 Introduction
Decision XXIII/10 anticipates changes to TEAP procedures and this report provides information requested by Parties that can inform any decisions. In preparing this response to Decision XXIII/10, TEAP has found cause to reflect on the fact that there have been a number of changes in its working environment over its twenty-three year existence. Some of the changes have been abrupt, but a number have been gradual and might even have passed unrecognized at the time. As the Montreal Protocol has matured in its implementation, there have been changes in both emphasis and focus, particularly over the last ten years. The shift from a mix of transition activities by Non-Article 5 and Article 5 Parties to transition activities predominantly by Article 5 Parties has had a particular bearing on the issues that TEAP has been asked to address. In order to meet the continuing needs of the Parties, there is a growing need to refresh TEAP and TOC memberships as old issues have been resolved and new ones have emerged. TEAP will need to continue to address the same challenges in the near term and, therefore, welcomes the opportunity provided by Decision XXIII/10 to address some of the procedures required to respond to this changing environment.
In responding to the specific requests of Decision XXIII/10, TEAP has identified additional operating procedures that could benefit from being better defined. This is particularly the case where TEAP and some TOC memberships have become more focused around the assessment of technology solutions for developing countries or are otherwise concentrated on the remaining issues being dealt with under the Protocol. This then places additional pressures on, for example, the disclosure and management of interests of members in the review of CUEs and EUEs, the clarification and enforcement of recusal and the rules for submission of minority views. There is also a need to take advantage of new communication technologies that can reduce the cost of TEAP, TOC, and Task Force operations, but this requires accompanying procedural innovation. Where these issues have not been addressed directly in the response to Decision XXIII/10, they have been noted in Chapter 9 of this Report.
2.1 Mandate and Scope of the Report
Decision XXIII/10 requests the Technical and Economic Assessment Panel (TEAP) to,
“1… compose its technical options committees and its temporary subsidiary bodies to reflect a balance of appropriate expertise so that their reports and information are comprehensive, objective, and policy neutral and to provide a description in reports by temporary subsidiary bodies on how their composition was determined;
“2… update its matrix of needed capabilities calling for expertise on the Panel, its technical options committees and its temporary subsidiary bodies twice a year and to publish the matrix on the Secretariat website and in the Panel’s annual progress reports; this matrix should include the need for geographic and expertise balance;
“3… ensure that the information in the matrix is clear and sufficient to allow a full understanding of needed expertise and that information on the nomination process, the selection process, the Panel’s terms of reference and the operation of the Panel and its subsidiary bodies is published on the Secretariat website in an easily accessible format;
“4… standardize the information required from potential experts for all nominations to the Panel, its technical options committees and its temporary subsidiary bodies in line with section 9.5.4 of the (TEAP) 2011 progress report, and to prepare a draft nomination form for consideration by the OEWG at its thirty-second meeting;
“5…. ensure that all nominations for appointments to the Panel, including co-chairs of the technical options committee, are agreed to by the national focal points of the relevant party;
“6… ensure that all nominations to its technical options committees and its temporary subsidiary bodies have been made in full consultation with the national focal points of the relevant party;
“16… ensure that all new technical options committee members are properly informed of the Panel’s terms of reference, its code of conduct contained in the Panel’s terms of reference, relevant decisions of the parties and Panel operational procedures and are requested to abide by that guidance;
“17… revise its draft guidelines on recusal, taking into account similar guidelines in other multilateral forums, and provide them to the Open-ended Working Group at its thirty-second meeting for consideration by the Parties;
“18… prepare guidelines, for the appointment of the co-chairs of the Panel and to provide them to Open-ended Working Group at its thirty-second meeting for consideration by the Parties;
“19… consider the number of members of each of its subsidiary bodies to ensure that their membership is consistent with each of the subsidiary bodies’ workload and to propose revision to their numbers to the Open-ended Working Group at its thirty-second meeting for the consideration of the Parties, taking into account the need for geographical balance in accordance with decision VII/34;
“20… update its terms of reference in accordance with this decision and submit it to the Open-ended Working Group at its thirty-second meeting for consideration by the Parties;
and,
“21… not to apply the guidelines mentioned in paragraphs 17 and 18 until they are approved by the Parties;
The full text of the Decision appears in Annex A.
2.2 Organisation of Work
In response to Decision XXIII/10, TEAP set up a balanced Task Force (TF) of nine members, which included members of all TOCs plus two TEAP senior experts and an ex-officio co-chair, as follows:
Co-chairs
Alistair McGlone, UK Task Force co-chair (non-A5)
Bella Maranion, USA TEAP Senior Expert (non-A5)
Marta Pizano, Colombia MBTOC and TEAP co-chair (A5)