Proposed revisions to the Ozone-Depleting Substances Regulations: chapter 5

5. Path Foward

In drafting the proposed revisions, Environment Canada will review and take into consideration all comments received from interested and affected parties in response to this consultation document and consultation sessions. The draft revisions will then be published for public comments in Part I of the Canada Gazette.

Annex 1

Decision XIX/6: Adjustments to the Montreal Protocol with regard to Annex C, Group I, substances (hydrochlorofluorocarbons)

The Parties agree to accelerate the phase-out of production and consumption of hydrochlorofluorocarbons (HCFCs), by way of an adjustment in accordance with paragraph 9 of Article 2 of the Montreal Protocol and as contained in annex III to the report of the Nineteenth Meeting of the Parties, 4 on the basis of the following:

1. For Parties operating under paragraph 1 of Article 5 of the Protocol (Article 5 Parties), to choose as the baseline the average of the 2009 and 2010 levels of, respectively, consumption and production; and

2. To freeze, at that baseline level, consumption and production in 2013;

3. For Parties operating under Article 2 of the Protocol (Article 2 Parties) to have completed the accelerated phase-out of production and consumption in 2020, on the basis of the following reduction steps:

  1. By 2010 of 75 per cent;
  2. By 2015 of 90 per cent;
  3. While allowing 0.5 per cent for servicing the period 2020-2030;

4. For Article 5 Parties to have completed the accelerated phase-out of production and consumption in 2030, on the basis of the following reduction steps:

  1. By 2015 of 10 per cent;
  2. By 2020 of 35 per cent;
  3. By 2025 of 67.5 per cent;
  4. While allowing for servicing an annual average of 2.5per cent during the period 2030-2040;

5. To agree that the funding available through the Multilateral Fund for the Implementation of the Montreal Protocol in the upcoming replenishments shall be stable and sufficient to meet all agreed incremental costs to enable Article 5 Parties to comply with the accelerated phase-out schedule both for production and consumption sectors as set out above, and based on that understanding, to also direct the Executive Committee of the Multilateral Fund to make the necessary changes to the eligibility criteria related to the post-1995 facilities and second conversions;

6. To direct the Executive Committee, in providing technical and financial assistance, to pay particular attention to Article 5 Parties with low volume and very low volume consumption of HCFCs;

7. To direct the Executive Committee to assist Parties in preparing their phase-out management plans for an accelerated HCFC phase-out;

8. To direct the Executive Committee, as a matter of priority, to assist Article 5 Parties in conducting surveys to improve reliability in establishing their baseline data on HCFCs;

9. To encourage Parties to promote the selection of alternatives to HCFCs that minimize environmental impacts, in particular impacts on climate, as well as meeting other health, safety and economic considerations;

10. To request Parties to report regularly on their implementation of paragraph 7 of Article 2F of the Protocol;

11. To agree that the Executive Committee, when developing and applying funding criteria for projects and programmes, and taking into account paragraph 6, give priority to cost-effective projects and programmes which focus on, inter alia:

  1. Phasing-out first those HCFCs with higher ozone-depleting potential, taking into account national circumstances;
  2. Substitutes and alternatives that minimize other impacts on the environment, including on the climate, taking into account global-warming potential, energy use and other relevant factors;
  3. Small and medium-size enterprises;

12. To agree to address the possibilities or need for essential use exemptions, no later than 2015 where this relates to Article 2 Parties, and no later than 2020 where this relates to Article 5 Parties;

13. To agree to review in 2015 the need for the 0.5 per cent for servicing provided for in Paragraph 3, and to review in 2025 the need for the annual average of 2.5 per cent for servicing provided for in paragraph 4 (d);

14. In order to satisfy basic domestic needs, to agree to allow for up to 10% of baseline levels until 2020, and, for the period after that, to consider no later than 2015 further reductions of production for basic domestic needs;

15. In accelerating the HCFC phase-out, to agree that Parties are to take every practicable step consistent with Multilateral Fund programmes, to ensure that the best available and environmentally-safe substitutes and related technologies are transferred from Article 2 Parties to Article 5 Parties under fair and most favourable conditions.

Annex 2

Table 1: Canada's Consumption of HCFCs
Year Maximum Allowance ODP tonnes Reported Consumption ODP tonnes
1996 887 744
1997 887 772
1998 887 851
1999 887 800
2000 887 865
2001 887 872
2002 887 878
2003 887 798
2004 576 569
2005 576 556
2006 576 551
2007 576  
2008 576  
2009 576  
2010 222  
2015 88.7  

Table 2: Consumption by Cooling Sector
Year Maximum Allowance Cooling Sector ODP tonnes % of Total allowance Reported Consumption Cooling Sector ODP tonnes % of Total reported
1996 197 22.21 152 20.43
1997 197 22.21 142 18.39
1998 197 22.21 164 19.27
1999 197 22.21 119 14.88
2000 168 18.94 159 18.38
2001 168 18.94 167 19.15
2002 168 18.94 167 19.02
2003 168 18.94 152 19.05
2004 110 19.10 106 18.63
2005 103 17.88 103 18.53
2006 110 19.10 109 19.78

Table 3: Consumption by Other Uses Sector
Year Maximum Allowance for Other Uses Sector
ODP tonnes
% of
Total allowance
Reported Consumption
Other Uses Sector
ODP tonnes
% of Total reported
1996 690 77.79 592 79.57
1997 690 77.79 630 81.61
1998 690 77.79 686 80.61
1999 690 77.79 681 85.13
2000 719 81.06 706 81.62
2001 719 81.06 705 80.85
2002 719 81.06 711 80.98
2003 719 81.06 646 80.95
2004 466 80.90 463 81.37
2005 453 78.65 453 81.47
2006 466 80.90 442 80.22


Annex 3
Decision XIX/12: Preventing illegal trade in ozone-depleting substances

Acknowledging the need for action to prevent and to minimize illegal trade in controlled ozone-depleting substances and the importance of this issue in continuing discussions on the future of the Protocol,

Mindful of decision XVIII/18, which requested the Parties to provide written comments on the report entitled “ODS Tracking Feasibility Study on developing a system for monitoring the transboundary movement of controlled ozone-depleting substances between Parties” and requested the Ozone Secretariat to provide a compilation of such comments to the Nineteenth Meeting of the Parties in 2007,

Noting with appreciation the comments of the Parties on the medium- and longer-term options put forward in the tracking feasibility study,

Noting that there are other initiatives that could be used in the monitoring of the transboundary movements of controlled ozone-depleting substances between Parties,

Acknowledging that an important first step toward effective monitoring of transboundary movements of ozone-depleting substances between Parties would be better implementation and enforcement of existing mechanisms,

Acknowledging the initiative to attempt to combat illegal trade through informal prior informed consent by countries in the South Asian and South East Asia and Pacific regions and implementation of Project Sky Hole Patching by the Regional Intelligence Liaison Office of the World Customs Organization,

Recognizing the benefits of transparency and information sharing on measures established by
Parties to combat illegal trade,

Noting that action relevant to trade in ozone-depleting substances may occur in other forums such as the World Customs Organization,

1. To remind all Parties of their obligation under Article 4B of the Protocol to establish an import and export licensing system for all controlled ozone-depleting substances;

2. To urge all Parties to fully and effectively implement and actively enforce their systems for licensing the import and export of controlled ozone-depleting substances as well as recommendations contained in existing decisions of the Parties, notably decisions IX/8, XIV/7, XVII/12, XVII/16 and XVIII/18;

3. That Parties wishing to improve implementation and enforcement of their licensing systems in order to combat illegal trade more effectively may wish to consider implementing domestically on a voluntary basis the following measures:

  1. Sharing information with other Parties, such as by participating in an informal prior informed consent procedure or similar system;
  2. Establishing quantitative restrictions, for example import and/or export quotas;
  3. Establishing permits for each shipment and obliging importers and exporters to report domestically on the use of such permits;
  4. Monitoring transit movements (trans-shipments) of ozone-depleting substances, including those passing through duty-free zones, for instance by identifying each shipment with a unique consignment reference number;
  5. Banning or controlling the use of non-refillable containers;
  6. Cross-checking trade information, including through private-public partnerships;
  7. Including any other relevant recommendations from the ozone-depleting substances tracking study;

4. To request the Ozone Secretariat to continue to collaborate with the World Customs
Organization in relation to possible actions by Parties on any new amendments to the Harmonized Commodity Description and Coding System with respect to ozone-depleting substances and to report to the Meeting of the Parties on actions taken at the World Customs Organization.

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