7th Conference of the Parties to the Vienna Convention for the 
Protection of the Ozone Layer and 17th Meeting of the Parties to 
the Montreal Protocol on Substances that Deplete the Ozone Layer  
-  Issue #1     

EARTH NEGOTIATIONS BULLETIN <[EMAIL PROTECTED]>
PUBLISHED BY THE INTERNATIONAL INSTITUTE FOR 
SUSTAINABLE DEVELOPMENT (IISD) <http://www.iisd.org>

Written and edited by:

Karen Alvarenga, Ph.D. 
Ingrid Barnsley 
Paula Barrios 
Amber Moreen 
Noelle Eckley Selin 

Editor:

Pamela S. Chasek, Ph.D. <[EMAIL PROTECTED]>

Director of IISD Reporting Services:

Langston James "Kimo" Goree VI <[EMAIL PROTECTED]>


Vol. 19 No. 42
Monday, 12 December 2005

Online at http://www.iisd.ca/ozone/mop17/ 

SEVENTH CONFERENCE OF THE PARTIES TO THE VIENNA CONVENTION AND 
SEVENTEENTH MEETING OF THE PARTIES TO THE MONTREAL PROTOCOL: 

12-16 DECEMBER 2005

The seventh Conference of the Parties to the Vienna Convention for 
the Protection of the Ozone Layer and the seventeenth Meeting of 
the Parties to the Montreal Protocol on Substances that Deplete 
the Ozone Layer (COP-7/MOP-17) begin today in Dakar, Senegal. The 
meeting will open with a preparatory segment from 12-14 December, 
followed by a high-level segment for ministers and other heads of 
delegation from 15-16 December. Delegates to COP-7/MOP-17 will 
consider decisions on, inter alia: exemptions allowing the use of 
methyl bromide, and the use of chlorofluorocarbons in metered-dose 
inhalers; the use of process agents; illegal trade in ozone-
depleting substances (ODS); and the destruction of ODS. Other 
topics to be addressed at the meeting include the trust fund for 
the Vienna Convention, the replenishment of the Multilateral Fund 
for the Implementation of the Montreal Protocol, membership of 
Protocol bodies for 2006, and proposed adjustments and amendments 
to the Protocol.

A BRIEF HISTORY OF THE OZONE REGIME

Concerns that the Earth's stratospheric ozone layer could be at 
risk from CFCs and other anthropogenic substances were first 
raised in the early 1970s. At that time, scientists warned that 
the release of these substances into the atmosphere could deplete 
the ozone layer, hindering its ability to prevent harmful 
ultraviolet rays from reaching the Earth. This would adversely 
affect ocean ecosystems, agricultural productivity and animal 
populations, and harm humans through higher rates of skin cancers, 
cataracts and weakened immune systems. In response to this growing 
concern, the United Nations Environment Programme (UNEP) convened 
a conference in March 1977 that adopted a World Plan of Action on 
the Ozone Layer and established a Coordinating Committee to guide 
future international action on ozone.

VIENNA CONVENTION: In May 1981, the UNEP Governing Council 
launched negotiations on an international agreement to protect the 
ozone layer and, in March 1985, the Vienna Convention for the 
Protection of the Ozone Layer was adopted. The Convention called 
for cooperation on monitoring, research and data exchange, but did 
not impose obligations to reduce the use of ODS. The Convention 
now has 190 parties.

MONTREAL PROTOCOL: In September 1987, efforts to negotiate binding 
obligations on ODS led to the adoption of the Montreal Protocol on 
Substances that Deplete the Ozone Layer. The Montreal Protocol 
introduced control measures for some CFCs and halons for developed 
countries (non-Article 5 parties). Developing countries (Article 5 
parties) were granted a grace period allowing them to increase 
their use of these ODS before taking on commitments. To date, the 
Protocol has 189 parties.

Since 1987, several amendments and adjustments to the Protocol 
have been adopted, adding new obligations and additional ODS, and 
adjusting existing control schedules. Amendments require 
ratification by a defined number of parties before their entry 
into force, while adjustments enter into force automatically.

LONDON AMENDMENT AND ADJUSTMENTS: Delegates to MOP-2, which took 
place in London, UK, in 1990, tightened control schedules and 
agreed to add ten more CFCs to the list of ODS, as well as carbon 
tetrachloride (CTC) and methyl chloroform. To date, 179 parties 
have ratified the London Amendment. In addition, MOP-2 established 
the Multilateral Fund for the Implementation of the Montreal 
Protocol (Multilateral Fund). The Multilateral Fund meets the 
incremental costs incurred by Article 5 parties in implementing 
the Protocol's control measures and finances clearinghouse 
functions, including technical assistance, information, training, 
and the costs of the Fund Secretariat. The Fund is replenished 
every three years, and has disbursed over US$1.4 billion since 
its establishment. 

COPENHAGEN AMENDMENT AND ADJUSTMENTS: At MOP-4, held in Copenhagen, 
Denmark, in 1992, delegates tightened existing control schedules 
and added controls on methyl bromide, hydrobromofluorocarbons and 
hydrochlorofluorocarbons (HCFCs). MOP-4 also agreed to enact 
non-compliance procedures and to establish an Implementation 
Committee. The Implementation Committee examines cases of possible 
non-compliance by parties, and makes recommendations to the MOP 
aimed at securing full compliance. To date, 168 parties have 
ratified the Copenhagen Amendment. 

MONTREAL AMENDMENT AND ADJUSTMENTS: At MOP-9, held in Montreal, 
Canada, in 1997, delegates agreed to a new licensing system for 
the import and export of ODS, in addition to tightening existing 
control schedules. They also agreed to a ban on trade in methyl 
bromide with non-parties to the Copenhagen Amendment. To date, 
136 parties have ratified the Montreal Amendment. 

BEIJING AMENDMENT AND ADJUSTMENTS: At MOP-11, held in Beijing, 
China, in 1999, delegates agreed to controls on bromochloromethane 
and additional controls on HCFCs, and to reporting on methyl 
bromide for quarantine and pre-shipment applications. MOP-11 also 
agreed to replenish the Multilateral Fund with US$477.7 million 
for the triennium 2000-2002. To date, 101 parties have ratified 
the Beijing Amendment.

MOPs 12-14: MOP-12, held in Ouagadougou, Burkina Faso, in 2000, 
adopted the Ouagadougou Declaration, which encouraged parties to 
take steps to prevent illegal production, consumption and trade in 
ODS, and harmonize customs codes. The following year in Colombo, 
Sri Lanka, delegates to MOP-13 adopted the Colombo Declaration, 
which encouraged parties to apply due care in using substances 
that may have ozone depletion potential (ODP), and to determine 
and use available, accessible and affordable alternatives and 
technologies that minimize environmental harm while protecting 
the ozone layer. At MOP-14, held in Rome, Italy, in 2002, 
delegates adopted 46 decisions, covering such matters as the 
Multilateral Fund's fixed-exchange-rate mechanism, compliance 
issues, and interaction with the World Trade Organization. MOP-14 
also agreed to replenish the Multilateral Fund with US$573 million 
for 2003-2005.

MOP-15: Like its predecessors, MOP-15, in Nairobi, Kenya, in 
November 2003, resulted in decisions on a range of issues, 
including the implications of the entry into force of the Beijing 
Amendment. However, parties could not reach agreement on four 
items relating to methyl bromide, an ozone-depleting pesticide 
scheduled for a 2005 phase-out by non-Article 5 parties. 
Disagreements surfaced over exemptions allowing the use of methyl 
bromide beyond 2004 for "critical" uses where no technically or 
economically feasible alternatives are available. As a result of 
these disagreements, delegates took the unprecedented step of 
calling for an "extraordinary" MOP.

FIRST EXTRAORDINARY MOP: The first Extraordinary Meeting of the 
Parties to the Montreal Protocol (ExMOP-1) took place from 24-26 
March 2004, in Montreal, Canada. Parties agreed to critical-use 
exemptions (CUEs) for methyl bromide for 2005 only. The 
introduction of a "double-cap" concept distinguishing between old 
and new production of methyl bromide was central to this 
compromise. Parties agreed to a cap for new production of 30% of 
parties' 1991 baseline levels, meaning that where the capped 
amount was insufficient for approved critical uses in 2005, 
parties were required to use existing stockpiles. Parties also 
achieved compromises on conditions for approving and reporting on 
CUEs, and the working procedures of the Methyl Bromide Technical 
Options Committee (MBTOC). 

MOP-16: MOP-16 took place in Prague, Czech Republic, from 22-26 
November 2004. The parties adopted decisions on the Multilateral 
Fund, and on issues relating to ratification, data reporting, 
compliance, international and illegal trade in ODS, and financial 
and administrative matters. Despite lengthy discussions in the 
plenary, contact groups and informal gatherings, work on methyl 
bromide exemptions for 2006 was not completed. For the second 
time in the Protocol's history, parties decided to hold an 
extraordinary MOP. 

CURRENT ODS CONTROL SCHEDULES: Under the amendments and 
adjustments to the Montreal Protocol, non-Article 5 parties were 
required to phase out production and consumption of: halons by 
1994; CFCs, CTC, methyl chloroform and HBFCs by 1996; 
bromochloromethane by 2002; methyl bromide by 2005; and 
consumption of HCFCs by 2030 (with interim targets prior to those 
dates). However, there are exemptions to these phase-outs to allow 
for certain uses lacking feasible alternatives or in particular 
circumstances. Production of HCFCs was to be stabilized by 2004. 
Article 5 parties were required to phase out 
hydrobromofluorocarbons by 1996 and bromochloromethane by 2002. 
These parties must still phase out: CFCs, halons and CTC by 2010; 
methyl chloroform and methyl bromide by 2015; and consumption of 
HCFCs by 2040 (with interim reduction targets prior to a full 
phase-out). Production of HCFCs in Article 5 countries must be 
stabilized by 2016.

INTERSESSIONAL HIGHLIGHTS

OPEN-ENDED WORKING GROUP: The twenty-fifth meeting of the Montreal 
Protocol's Open-ended Working Group (OEWG) took place in Montreal, 
Canada, from 27-30 June 2005. Delegates agreed on 11 draft 
decisions to be forwarded to MOP-17. The draft decisions address: 
monitoring and prevention of illegal trade in ODS; proposed 
adjustments and amendments to the Montreal Protocol; obligations 
of parties to the Beijing Amendment under Article 4 of the 
Montreal Protocol with respect to HCFCs; certainty and 
notification of dates for OEWG and MOP meetings; and disclosure of 
interest guidelines for members of the Technology and Economic 
Assessment Panel (TEAP) and its technical options committees 
(TOCs). Delegates also considered reports on the work of the TEAP 
and the TOCs, including on halons, foams, refrigeration, methyl 
bromide, process agents, aerosols, CTC, and the IPCC/TEAP Special 
Report on Safeguarding the Ozone Layer and the Global Climate 
System.

SECOND EXTRAORDINARY MOP: The second Extraordinary Meeting of the 
Parties to the Montreal Protocol (ExMOP-2) was held on 1 July 
2005, in Montreal, Canada. Parties agreed to supplementary levels 
of CUEs for 2006 that had been left unresolved at MOP-16. Under 
the decision, parties also agreed that: CUEs allocated 
domestically that exceed levels permitted by the MOP must be drawn 
from existing stocks; methyl bromide stocks must be reported; and 
parties must "endeavor" to allocate CUEs to the particular 
categories specified in the decision.

METHYL BROMIDE TECHNICAL OPTIONS COMMITTEE: The MBTOC met in 
Melbourne, Australia, from 29 August to 2 September 2005, to 
finalize its evaluation of the latest round of CUNs for methyl 
bromide. The MBTOC's final recommendations on 2006 and 2007 CUNs 
are included in the TEAP/MBTOC Final Report on CUNs released in 
October 2005 for consideration at MOP-17. This report also 
includes the details of MBTOC's work plan for 2006 and proposed 
changes to its standard presumptions for consideration of 
future CUNs.

EXECUTIVE COMMITTEE OF THE MULTILATERAL FUND: The Executive 
Committee of the Multilateral Fund met in Montreal, Canada, from 
4-8 July 2005, and again from 21-25 November 2005, to consider 
issues associated with the Multilateral Fund, including its 
replenishment. A report of the activities of the Executive 
Committee will be considered at MOP-17.

IMPLEMENTATION COMMITTEE: The thirty-fourth meeting of the 
Implementation Committee was held on 2 July 2005, in Montreal, 
Canada. The Implementation Committee discussed most of the 
outstanding cases of non-compliance, making 47 recommendations 
both on general issues of non-compliance and with regard to 
specific cases. The Committee then convened for its thirty-fifth 
meeting from 7-9 December 2005, in Dakar, Senegal, to consider, 
among other matters, whether instances of ODS stockpiles resulting 
in deviations from the Protocol's control measures should be 
treated as cases of potential non-compliance.




This issue of the Earth Negotiations Bulletin (c) <[EMAIL PROTECTED]> is 
written and edited by Karen Alvarenga, Ph.D., Ingrid Barnsley, 
Paula Barrios, Amber Moreen, and Noelle Eckley Selin. The Digital 
Editor is Leila Mead. The Editor is Pamela S. Chasek, Ph.D. 
<[EMAIL PROTECTED]> and the Director of IISD Reporting Services is 
Langston James "Kimo" Goree VI <[EMAIL PROTECTED]>. The Sustaining 
Donors of the Bulletin are the Government of the United States of 
America (through the Department of State Bureau of Oceans and 
International Environmental and Scientific Affairs), the 
Government of Canada (through CIDA), the Swiss Agency for 
Environment, Forests and Landscape (SAEFL), the United Kingdom 
(through the Department for International Development - DFID), the 
Danish Ministry of Foreign Affairs, the Government of Germany 
(through the German Federal Ministry of Environment - BMU, and the 
German Federal Ministry of Development Cooperation - BMZ), the 
Netherlands Ministry of Foreign Affairs, the European Commission 
(DG-ENV), and the Italian Ministry of Environment. General Support 
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Environment Programme (UNEP), the Government of Australia, the 
Austrian Federal Ministry of Agriculture, Forestry, Environment 
and Water Management, the Ministry of Sustainable Development and 
the Ministry of Foreign Affairs of Sweden, the Ministry of 
Environment and the Ministry of Foreign Affairs of Norway, the 
Ministry of Environment and the Ministry of Foreign Affairs of 
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