Decision XVIII/19: Guidelines for disclosure of interest for groups such as the Technology and Economic Assessment Panel and its technical options committees
Recalling decision VIII/19,
Acknowledging the valuable contribution of the Technology and Economic Assessment Panel, the technical options committees and temporary subsidiary bodies in their role of providing analysis and presenting technical information to the Montreal Protocol,
Noting the code of conduct for the members of the Technology and Economic Assessment Panel, technical options committees and temporary subsidiary bodies adopted in annex V to the report of the Eighth Meeting of the Parties,
Recognizing the need to update paragraphs 5 and 6 of the code of conduct,
1. To replace paragraphs 5 and 6 of the code of conduct with the following paragraphs:
“5. The Technology and Economic Assessment Panel, the technical options committee and the temporary subsidiary body members shall disclose activities, including business, government or financial interests in the production of ozone-depleting substances, their alternatives, and products containing ozone depleting substances or their alternatives, which might call into question their ability to discharge their duties and responsibilities objectively. The Technology and Economic Assessment Panel, technical options committee and temporary subsidiary body members must annually disclose such activities. They must also disclose any financing from a company engaged in commercial activities for their participation in the Technology and Economic Assessment Panel, the technical options committees or any temporary subsidiary body. An illustrative list of interests is provided in the annex to the present code of conduct.
A conflict of interest would only arise when an interest of a Technology and Economic Assessment Panel, a technical options committee, or a temporary subsidiary body member, his or her personal partner or dependant would influence the expert’s work as a member with respect to the subject matter being considered.
Should there be a likelihood of a conflict of interest, a member shall take appropriate action. Such action could include seeking the advice of the co-chair or not fully participating in the determination of an issue or not participating at all in the determination of an issue.
The co–chair(s) shall seek to avoid conflicts of interest. This could include requesting a member to take appropriate action, such as requesting a member to take no role or a restricted role in the determination of an item. In the case of a serious conflict of interest, where a member has been nominated by a Party, that Party shall be advised by the co-chair(s) of the conflict at the earliest opportunity. Cases of conflicts or likely conflicts of interest relating to the co‑chairs should be raised with the President of the Meeting of the Parties.
6. The Technology and Economic Assessment Panel is responsible for the interpretation of the code of conduct and the members of the Technology and Economic Assessment Panel, technical options committees and temporary subsidiary bodies for its application. The Technology and Economic Assessment Panel shall publish in annual reports descriptions of the financial and other relevant interests. As well, such reports shall include a brief description of conflicts or likely conflicts that arose in the year, the matter they were related to, whether any Parties were involved and how they were resolved.
The following is an illustrative list of the types of interests that should be disclosed:
- A current proprietary interest of a member or his/her personal partner or dependant in a substance, technology or process (e.g., ownership of a patent) to be considered by the Technology and Economic Assessment Panel or any of its technical options committees or temporary subsidiary bodies;
- A current financial interest of a member or his/her personal partner or dependant, e.g., shares or bonds in an entity with an interest in the subject matter of the meeting or work (but not shareholdings through general mutual funds or similar arrangements where the expert has no control over the selection of shares);
- A current employment, consultancy, directorship, or other position held by a member or his/her personal partner or dependant, whether or not paid, in any entity which has an interest in the subject matter of the Technology and Economic Assessment Panel. This element of disclosure also includes paid consultancy efforts performed on behalf of an implementing agency to assist developing countries to adopt alternatives;
- The provision of advice on significant issues to a government with respect to its implementation of the Montreal Protocol or engaging in the development of significant policy positions of a government for a Montreal Protocol meeting;
- Performance of any paid research activities or receipt of any fellowships or grants for work related to a proposed use of an ozone-depleting substance or an alternative to a proposed use of an ozone-depleting substance.”