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Annex II: Solutions to challenges identified under the Dubai pathway[2]

Following discussions in the contact group on HFCs, the Open-ended Working Group at its resumed thirty-seventh meeting agrees on the following solutions to the challenges set out in the Dubai Pathway on HFCs:

Challenge 1Relevance and recognition of the special situation of developing countries and the principles under the Montreal Protocol which have enabled sufficient additional time in the implementation of commitments by A5 countries

The Open-ended Working Group acknowledges the discussions held during the thirty-seventh meeting of the Working Group in Geneva in April 2016, where it reached the conclusion that challenge 1 was broad in scope and thus many of the issues arising under it could therefore be dealt with in connection with the other challenges.

What is remaining with regard to the special situation of developing countries can be dealt with during the discussion of the amendment proposals.

Challenge 2: Maintain the MLF as the financial mechanism, and to agree that additional financial resources will be provided by non-A5 parties to offset costs arising out of HFC management for A5 parties if obligations are agreed to. In this regard, key elements for financial support from the MLF for A5 parties will be developed by the contact group to provide guidance to the ExCom of the MLF, taking into account the concerns of parties

The text of the agreed solutions is set out in appendix I to the present document. It should be noted that in resolving the challenges in this category, the Open-ended Working Group agrees that the items in brackets in the solutions document shall be taken up while negotiating the amendment and resolved prior to adoption of an amendment to the Montreal Protocol. It also should be noted that with regard to patents for the production sector, both process and application patents are covered.

Challenge 3The elements in paragraph 1(a) of decision XXVI/9 including IPR issues in considering the feasibility and the ways of managing HFCs

The Open-ended Working Group notes that the availability of alternatives is being addressed under other challenges and particularly in the context of exemptions. However, the 
Open-ended Working Group agrees on specific language for the safety and flammability issues to address barriers in international safety standards, as follows:

“Parties recognize the importance of timely updating international standards for flammable low-GWP refrigerants including IEC60335-2-40 and support promoting actions that allow safe market introduction, as well as manufacturing, operation, maintenance and handling of 
zero-GWP or low-GWP refrigerant alternatives to HCFCs and HFCs.”

The Open-ended Working Group also agrees as a solution under challenge 3:

“Conduct periodic reviews of alternatives using criteria set out in paragraph 1 (a) of decision XXVI/9 and parties will further discuss this issue at the OEWG 38”.

Challenge 4Flexibility in implementation that enables countries to set their own strategies and set their own priorities in sectors and technologies

Regarding this challenge, the Open-ended Working Group agrees that the solution was agreed by the Twenty-Seventh Meeting of the Parties as part of the Dubai Pathway and reconfirmed at the thirty-seventh meeting of the Open-ended Working Group, as reflected in annex IV to the report of the meeting of the thirty-seventh meeting and which is reproduced in the present document as appendix II. Some parts of the flexibility issue are also being addressed under the second challenge, on funding issues and flexibility of implementation and hence are included in appendix I of this document.

Challenge 5Exemption process and a mechanism for periodic review of alternatives including the consideration of availability or lack of availability of alternatives in all sectors in A5 countries and special needs for high ambient countries, based on all the elements listed in paragraph 1(a) of decision XXVI/9

The Open-ended Working Group agrees that the solution with regard to the exemption for high-ambient-temperature countries was as agreed at the thirty-seventh meeting of the Open‑ended Working Group, as reflected in annex III of the report of the respective meeting, which is reproduced in appendix III to the present document. It is reiterated in this context that the definition of high ambient temperature and the corresponding list of high ambient temperature countries is to be reviewed by TEAP with an eye to whether additional countries could be added to the list, noting that those countries already identified as high ambient temperature countries will remain on the high ambient temperature exemption list. Interested parties can participate in the review.

In addition to the exemption for the high ambient temperature countries, the Open-ended Working Group agrees as follows:

  • To allow for exemptions, such as for essential uses and critical uses, in any HFC amendment;
  • To consider mechanisms for such exemptions in 20XX including multi-year exemptions mechanisms; and
  • To provide information and guidance to the TEAP for its periodic review of sectors where exemptions may be required.

Challenge 6: Relationship with the HCFC phase-out

The Open-ended Working Group agrees as follows:

“Parties acknowledge the linkage between the HFC and HCFC reduction schedule relevant to sectors and preference to avoid transitions from HCFC to high GWP HFC and are willing to provide flexibility if no other technically proven and economically viable alternatives are available.

Parties also acknowledge these linkages with respect to certain sectors, in particular industrial process refrigeration, and the preference to avoid transitions from HCFCs to high-GWP HFCs, and are willing to provide flexibility if no other alternatives are available in cases where: (1) HCFC supply may be unavailable from existing allowable consumption, stocks as well as recovered/recycled material, and (2) if it would allow for a direct transition at a later date from HCFCs to low-GWP or zero GWP alternatives.

Prior to the commencement of any Article 5 HFC freeze or other initial control obligations and in light of the acknowledgment above, flexibility measures will be provided in relation to the HCFC phase-out relevant to certain sectors, in particular the industrial process refrigeration subsector in order to avoid double conversions.”

Challenge 7Non-party trade provisions

The Open-ended Working Group agrees as follows:

“Non-party trade provisions for all countries enter into force five years after the freeze date for Article 5 parties”.

Challenge 8: Legal aspects, synergies and other issues related to the UNFCCC in the context of HFC management under the MP

The Open-ended Working Group agrees that this challenge has not yet been concluded and that it would be best to further address it during the negotiations on an HFC amendment, where greater clarity will be achieved regarding the approach that would be taken under the Montreal Protocol in accordance with the amendment.

The Open-ended Working Group notes that one party has said that the rights and obligations of parties under the UNFCCC should not be modified by the Montreal Protocol.

 

[2] See UNEP/OzL.Pro.WG.1/38/7 and Corr.1.