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Ninth Meeting of the Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer: Questions and Answers September 1997 As released by the Bureau of Oceans and International Environmental and Scientific Affairs U.S. Department of State

Q1. What are the results of the recent (September 15-17, 1997) Meeting of the Parties to the Montreal Protocol?

A1. The United States and other concerned Parties to the Protocol were successful in negotiating an accelerated phaseout of methyl bromide (MBr) - a significant ozone depleting substance - in developed countries and in establishing, for the first time, a phaseout date for developing countries. Specifically, the developed countries agreed to advance their phaseout for production and consumption of MBr from 2010 to 2005. The developing countries agreed to phaseout their MBr use by 2015. Both developed and developing countries also agreed to interim reduction steps for MBr production and consumption in the years leading up to their respective phaseout dates as follows: developed countries 25 percent in 1999, 50 percent in 2001, 70 percent in 2003; developing countries 20 percent in 2005 with a review in 2003 to decide on additional interim reductions. All Parties agreed to maintain quarantine and pre-shipment exemptions for MBr and to allow for critical use exemptions in cases where there are no technically or economically feasible alternatives or substitutes. The negotiations also resulted in agreement to permit countries to produce or consume up to 20 metric tons to deal with emergencies posed by outbreaks or infestations. In other areas, the Parties agreed to establish a licensing system for the import and export of ozone depleting substances in order to assist in efforts to combat the illegal trade of such substances and improve the reporting of data as required under the Protocol.

Q2. How do the agreements reached in Montreal advance the protection of the ozone layer?

A2. Nearly 80 percent of methyl bromide used in the world is applied in developed countries, predominantly for agricultural purposes. Advancing the phaseout date for 2010 to 2005 for Methyl bromide, complemented by the introduction of a significant interim reduction regime in the years leading up to this phaseout, significantly increases protection for the stratospheric ozone layer. Adding to this, the agreement to implement a production and consumption phaseout of methyl bromide in developing countries will ensure that current trends of increased use can be curtailed before they further jeopardize the ozone layer. We also believe that the agreement to introduce a licensing system will help to protect the ozone layer. This system will serve as a cornerstone in our efforts to enhance international cooperation in the coming years to discourage and enforce against illegal trade in controlled substances.

Q3. How are the interests of U.S. agricultural producers protected under the agreement on methyl bromide?

A3. The current U.S. requirement, under the Clean Air Act, is for a 2001 phaseout of all methyl bromide uses. This agreement significantly narrows the previous difference between the United States and other countries. Also, the agreement includes a "critical use" exemption to allow methyl bromide to be used in instances where alternatives and substitutes are commercially unavailable after the phaseout. Also, the agreement provides for a limited "emergency use" exemption of 20 metric tons per event that individual countries may each utilize in emergency situations (e.g., pest infestations or outbreaks).

Q4. What does the Administration propose to do regarding the 2001 methyl bromide phaseout under the Clean Air Act and the 2005 phase out agreement reached at Montreal for developed countries?

A4. The new agreement substantially narrows the difference between the U.S. deadline of 2001 and the requirements applicable to other countries. Before this agreement, developed countries were not required to phaseout methyl bromide until 2010, nine years later than the 2001 deadline in the Clean Air Act. Until this agreement, developing countries were permitted to continue methyl bromide use indefinitely. The agreement also provides important exemptions that are not found in the Clean Air Act. The Administration intends to consult and work with Congress on an appropriate action to conform the Clean Air Act to the new international regime.

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