Noting with appreciation the work of the Technology and Economic Assessment Panel and its Methyl Bromide Technical Options Committee and its September 2022 report,[1]

Acknowledging that the Technology and Economic Assessment Panel, and specifically its Methyl Bromide Technical Options Committee, produce reports that are science-based, independent and robust and that all parties should strive to respect the results of that work,

Recognizing the significant reductions in critical-use nominations for methyl bromide by many parties,

Recalling paragraph 10 of decision XVII/9 on critical-use exemptions for methyl bromide,

Recalling that parties nominating critical-use exemptions are requested to report data on stocks of methyl bromide using the accounting framework agreed on by the Sixteenth Meeting of the Parties,

Recognizing that parties operating under critical-use exemptions should, in licensing, permitting or authorizing the production and consumption of methyl bromide for critical uses, take into account the extent to which methyl bromide is available in sufficient quantity and quality from existing stocks of banked or recycled methyl bromide,

Recalling decision Ex.I/4, on conditions for granting and reporting critical-use exemptions for methyl bromide, by which parties with critical-use exemptions were requested to submit annual accounting frameworks and national management strategies,

Recalling also decision IX/6, by which the parties to the Montreal Protocol decided that production and consumption of methyl bromide for critical uses was to be permitted only if methyl bromide was not available in sufficient quantity and quality from existing stocks of banked or recycled methyl bromide,

Recalling further decision XVI/4 on the working procedures of the Methyl Bromide Technical Options Committee, as set out in annex I to the report of the Sixteenth Meeting of the Parties, related to the evaluation of nominations for critical uses of methyl bromide,

Noting that the Technology and Economic Assessment Panel has identified successful chemical and non-chemical alternatives to methyl bromide and that the use of such alternatives in combination provides excellent results,

Noting also that the transition of Australia away from methyl bromide in 2023 has been delayed as a result of the registration of an alternative not having been finalized as originally planned in January 2022, thus requiring its use of the full amount of methyl bromide in 2023,

Noting further that assessment and a decision on the application for registration of an effective alternative in Australia is expected to be completed in 2023,

Noting that the Government of Canada takes into account, to the extent feasible, available stocks of methyl bromide in licensing, permitting or authorizing the production and consumption of methyl bromide for critical uses,

Noting the progress made under the Canadian research programme aiming at developing alternatives to methyl bromide, and that Canada is committed to continuing its research programme aiming at a full phase-out of methyl bromide for critical-use nominations, and is committed to a further reduction of the amount nominated in 2023 and in subsequent years, but also noting that Canada, for reasons linked to the economic impact of shifting towards soilless substrate use in strawberry runner production for a single producer and in the absence of authorized fumigant alternatives, has asked to diverge from the recommendations of the Methyl Bromide Technical Options Committee,

Noting with appreciation that South Africa is committed to not applying in future years for critical-use nominations of methyl bromide,

Recognizing that some parties have recently stopped requesting critical-use exemptions and that the efforts to develop alternatives and substitutes by parties that continue to apply for exemptions are designed to achieve the same outcome,

1. To permit, for the agreed critical-use categories for 2023 set forth in table A of the annex to the present decision for each party, subject to the conditions set forth in the present decision and in decision Ex.I/4, to the extent that those conditions are applicable, the levels of production and consumption for 2023 set forth in table B of the annex to the present decision, which are necessary to satisfy critical uses, with the understanding that additional production and consumption and categories of use may be approved by the Meeting of the Parties in accordance with decision IX/6;
2. That parties shall endeavour to licence, permit, authorize or allocate quantities of methyl bromide for critical uses as listed in table A of the annex to the present decision;
3. That each party that has an agreed critical-use exemption shall renew its commitment to ensuring that the criteria specified in paragraph 1 of decision IX/6, in particular the criterion specified in paragraph 1 (b) (ii) of decision IX/6, are applied in licensing, permitting or authorizing critical uses of methyl bromide, with each party requested to report on the implementation of the present provision to the Secretariat by 1 February for the years to which the present decision applies;
4. That parties submitting future requests for critical-use nominations for methyl bromide shall also comply with paragraph 1 (b) (iii) of decision IX/6 and that parties not operating under paragraph 1 of Article 5 of the Montreal Protocol shall demonstrate that research programmes are in place to develop and deploy alternatives to and substitutes for methyl bromide;
5. To reiterate the reminder in decision XXXII/3 that parties operating under paragraph 1 of Article 5 of the Protocol requesting critical‑use exemptions are required to submit their national management strategies in accordance with paragraph 3 of decision Ex.I/4.

 Annex to decision XXXIV/9

Table A
Agreed critical-use categories for 2023

               ^a Minus available stocks.

               ^b Tonnes = metric tons.

           *Includes the amount of 14.49 tonnes previously agreed for 2023 in decision XXXIII/6.

Table B
Permitted levels of production and consumption for 2023

               ^a Minus available stocks.

               ^b Tonnes = metric tons.

           * Includes the amount of 14.49 tonnes previously agreed for 2023 in decision XXXIII/6.

[1] Report of the Technology and Economic Assessment Panel, Sept. 2022, vol. 4: Evaluation of 2022 critical-use nominations for methyl bromide and related issues – Final report.