Ozone Depletion
Ozone Depletion in 2011
United States views on international law (based on the document “Digest of U.S. Practice in International Law”): On May 9, 2011, the United States, Canada, and Mexico submitted a joint proposal to phase down use of hydrofluorocarbons (“HFCs”) under the Montreal Protocol on Substances that Deplete the Ozone Layer (“Montreal Protocol”). see this world legal encyclopedia in relation with the year 2010 at 542-44 and World Encyclopedia of Law 2009 at 493-95 for past versions of the proposal to reduce the use of HFCs presented by the three countries. The three countries presented the proposal at the Twenty-third Meeting of the Parties to the Montreal Protocol, November 21-25, 2011. The report of the Twenty-third Meeting of the Parties is available at (internet link) conf.montreal-protocol.org/meeting/mop23-cop9/draft-reports/Draft%20Reports/MOP-23-11-COP-9-7E.pdf. The Department of State issued a media note describing the proposal, excerpted below and available in full at www.state.gov/r/pa/prs/ps/2011/05/162930.htm.
Developments
Today, the United States, Canada, and Mexico have submitted a joint North American proposal to phase down the use of hydrofluorocarbons (HFCs) under the Montreal Protocol on Substances that Deplete the Ozone Layer. This joint effort represents a major step toward addressing the mounting threat of global climate change while also preserving the ozone protection benefits of the Montreal Protocol.
At last year's Meeting of the Parties, 90 countries signed a declaration recognizing that the projected increase in the use of HFCs poses a major challenge for the world's climate system. HFCs do not damage the ozone layer, but they are powerful greenhouse gases used as replacements for ozone-depleting substances that are being phased out under the Montreal Protocol. These 90 countries declared their intent to pursue further action to transition the world to environmentally sound alternatives to ozone-depleting substances.
Building on this commitment, the North American proposal calls on all countries to take action to reduce their consumption and production of HFCs. Developed countries would lead the effort beginning in 2015 to gradually phase down to 15% of baseline levels by 2033. Developing countries would take their first step to control HFCs in 2017, phasing down to 15% of baseline levels by 2043. The amendment proposal, backed by an accompanying decision proposal, also takes action to reduce HFC-23 byproduct emissions. A preliminary analysis by the U.S. Environmental Protection Agency indicates that the North American amendment proposal would produce a reduction benefit of more than 98 gigatons of carbon dioxide equivalent by 2050.
Details
The problem of HFCs is closely linked with the phaseout of ozone-depleting compounds, including the ongoing accelerated phaseout of hydrochlorofluorocarbons (HCFCs). Without action, the HCFC phaseout and increasing global demand for refrigeration and air-conditioning are anticipated to drive continued growth in HFC production and consumption. Given the ongoing transition away from HCFCs, the U.S. proposal recognizes that this is the opportune time to encourage both the use of existing climate-friendly alternatives and the development of innovative, new alternatives that do not harm the ozone layer or climate system.
Together with the U.S. partners Canada and Mexico, the United States believes that global action on HFCs is needed and that the Montreal Protocol provides an established, effective and efficient instrument for tackling this problem. The United States looks forward to working with its partners in the run up to the 23nd Meeting of the Montreal Protocol Parties in November in Bali to make the most effective use possible of the tools available today to safeguard the ozone layer and protect the global climate system.
Ozone Depletion in 2013
United States views on international law [1] in relation to Ozone Depletion: (As reviewed in this legal encyclopedia in relation to international law issues in the year 2012) at 434, a discussion group was formed at the Twenty-Fourth Meeting of the Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer to consider the proposal to phase down hydrofluorocarbons (“HFCs”) that has been presented by the United States and other governments at several successive meetings of the parties. The discussion group met three times at the Twenty-Fifth Meeting of the Parties, held in Bangkok from October 21-25, 2013. The parties agreed to request the Protocol's Technology and Economic Assessment Panel to assess alternatives to HFCs and other ozone-depleting substances. The report of the Technology and Economic Assessment Panel on the proposed phase down of HFCs was considered. The Report of the Twenty-Fifth Meeting of the Parties is available at (link resource) conf.montreal-protocol.org/meeting/mop/mop-25/report/default.aspx. The October 22, 2013 remarks at the Meeting of the Parties by Daniel A. Reifsnyder, Deputy Assistant U.S. Secretary of State for the Bureau of Oceans and International Environmental and Scientific Affairs, are excerpted below and available at (Secretary of State website) state.gov/e/oes/rls/remarks/2013/215855.htm
Some Aspects of Ozone Depletion
…I am speaking this morning on behalf of Canada, Mexico, and the United States of America. With our colleagues from Canada and Mexico, we have proposed to amend the Montreal Protocol to:
Phase down the production and consumption of hydrofluorocarbons (HFCs) in all Parties
Control byproduct emissions of HFC-23
Address trade in HFCs, and
Require licensing systems and reporting on HFCs
Developments
The environmental benefits of this proposal would be considerable, amounting to more than 90 gigatons (gt) of carbon dioxide-equivalent (CO2-e) through 2050. This equates to about two years of current emissions of greenhouse gases from human sources.
Details
Why do we propose to phase down—under the Montreal Protocol—consumption and production of substances that have no ozone depleting potential? Aren't these substances now included in the basket of gases under the UN Framework Convention on Climate Change?
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We propose to phase down HFC consumption and production here because it is our own efforts under the Montreal Protocol—as we seek to phase out hydrochlorofluorocarbons (HCFCs)—that are leading Parties increasingly to consume and produce them. Article 2.2b of the Vienna Convention calls on Parties to “harmonize” appropriate policies in the phaseout of ozone depleting substances. Because HFCs are replacements for chlorofluorocarbons (CFCs) and HCFCs that have been and are being phased out under the Protocol we have the authority and responsibility under the Protocol to address HFCs.
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Not only that, Mr. Co-chairman. We have a track record of success under the Montreal Protocol that is the rival of many other international instruments. The Montreal Protocol remains the only “universal” instrument that has been ratified by all countries of the world. Under it, we have the expertise and the institutions—including importantly the Montreal Protocol Multilateral Fund—as well as the “band-width” if you will to undertake this effort.
Ozone Depletion in 2013 (Continuation)
United States views on international law [1] in relation to Ozone Depletion: Yes, it is true that HFCs are included in the basket of gases under the UN Framework Convention on Climate Change, and our proposed amendment would not change that. We have been very clear that we will continue to include HFCs within the scope of the UNFCCC and its Kyoto Protocol for accounting and reporting of emissions.
More about Ozone Depletion
I restate these essential points here, even though they are by now well known to most of the delegates in this hall. This is not the first time we have submitted such an amendment proposal, nor is it the first time that this issue has been considered at a meeting of the Parties. This is the fourth year that our three countries have submitted an amendment proposal. It is the fifth year that we have discussed this issue at the MOP.
Development
We have been greatly encouraged since our meeting last year in Geneva by developments related to HFCs, and in particular by the growing awareness around the world of the threat they pose to the climate system and by the growing realization of the opportunity we have here to take action.
Details
A number of these developments were noted yesterday by our Executive Secretary speaking on behalf of UNEP Executive Director Achim Steiner. Among them, he noted that in June 2012 the outcome document from the Rio+20 Conference in Brazil, “The Future We Want” had the following provision:
“We recognize that the phase-out of ozone-depleting substances is resulting in a rapid increase in the use and release of high global-warming potential hydrofluorocarbons to the environment. We support a gradual phase-down in the consumption and production of hydrofluorocarbons.”
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Of course, production and consumption are the control mechanisms we use under the Montreal Protocol—meaning that the Rio+20 language expresses support not only for minimizing HFCs as we phase out HCFCs, but also for implementing a comprehensive phase down using the very same tools we use here.
Ozone Depletion
In relation to the international law practice and Ozone Depletion in this world legal Encyclopedia, please see the following section:
Territorial Regimes and Related Issues
About this subject:
Law of the Sea and Related Boundary Issues
. Note: there is detailed information and resources, in relation with these topics during the year 2011, covered by the entry, in this law Encyclopedia, about Other Boundary or Territorial Issues
Resources
See Also
- Environment
- Transnational Scientific Issues
- Land Pollution
- Air Pollution
Resources
Notes
- Ozone Depletion in the Digest of United States Practice in International Law
Resources
Notes
- Ozone Depletion in the Digest of United States Practice in International Law