TNAG-2810-FCO40-4055-Future-of-Hong-Kong-International-Rights-and-Obligations-(IR-1993 — Page 91

UNEP/OzL.Pro.4/15 Page 25

2.

3.

4.

5.

6.

(b)

That production and consumption, if any, of a controlled substance for essential uses should be permitted only

if:

(i) All economically feasible steps have been taken to

minimize the essential use and any associated emission of the controlled substance; and

(ii) The controlled substance is not available in sufficient

quantity and quality from existing stocks of banked or recycled controlled substances, also bearing in mind the developing countries' need for controlled

(c)

substances;

That production, if any, for essential use, will be in addition to production to supply the basic domestic needs of the Parties operating under paragraph 1 of Article 5 of the Protocol prior to the phase-out of the controlled substances in those countries;

To request each of the Parties to nominate, in accordance with the criteria approved in paragraph 1 (a) of the present decision, any use it considers "essential", to the Secretariat at least six months for halons and nine months for other substances prior to each Meeting of the Parties that is to decide on this issue;

To request the Technology and Economic Assessment Panel and its Technical and Economic Options Committee to develop, in accordance with the criteria in paragraphs 1 (a) and 1 (b) of the present decision, recommendations on the nominations, after consultations with experts as necessary, regarding:

(a) The essential use (substance, quantity, quality, expected duration of essential use, duration of production or import necessary to meet such essential use);

(b) Economically feasible use and emission controls for the proposed essential use;

(c) Sources of already produced controlled substances for the proposed essential use (quantity, quality, timing); and

(d) Steps necessary to ensure that alternatives and substitutes are available as soon as possible for the proposed essential use;

To request the Technology and Economic Assessment Panel, while making its recommendations to take into account the environmental acceptability, health effects, economic feasibility, availability, and regulatory status of alternatives and substitutes;

To request the Technology and Economic Assessment Panel to submit its report, through the Secretariat, at least three months before the Meeting of the Parties in which a decision is to be taken. The subsequent reports will also consider which previously qualified essential uses should no longer qualify as essential;

To request the Open-ended Working Group of the Parties to consider the report of the Technology and Economic Assessment Panel and make its recommendations to the Fifth Meeting of the Parties for halons and at the Sixth Meeting for all other substances for which an essential use is proposed;

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