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IMPLEMENTATION OF THE

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IMPLEMENTATION OF THE Powered By Docstoc
					  INDIA’S PERSPECTIVE ON PHASE
 DOWN OF HYDROFLUOROCARBONS
(HFCs) UNDER THE AMBIT OF VIENNA
  CONVENTION AND ITS MONREAL
            PROTOCOL

         February 18, 2011




                 OZONE CELL
            GOVERNMENT OF INDIA
      MINISTRY OF ENVIRONMENT & FORESTS
                                          1
             THE VIENNA CONVENTION

 The Vienna Convention for the Protection of the
  Ozone Layer was signed in March 1985.

 Through the Vienna Convention, the signatory states
  agreed to take appropriate measures to protect the
  human health and the environment against adverse
  effects resulting or likely to result from human
  activities which are likely to modify the ozone layer.

 The Vienna Convention is a specific convention for
  the protection of the ozone layer.


                                                     2
           THE MONTREAL PROTOCOL

 The Montreal Protocol on Substances that Deplete
  the Ozone Layer is the only Protocol under the
  Vienna Convention so far and that was signed on
  16th September, 1987 .

 The Montreal Protocol basically came in force to
  protect the ozone layer by phasing out of Ozone
  Depleting Substances (ODSs).

 Amendments and adjustments to the Montreal
  Protocol so far aimed either to include some more
  ODSs to be phased out or accelerate the phase-out
  of ODSs.
                                                3
        PROPOSED AMENDMENTS TO THE
            MONTREAL PROTOCOL
 Since last two years, some Parties to the Montreal
  Protocol including United States of America have
  proposed amendments to the Montreal Protocol to
  bring non-ODS gases first time under the control of
  the Montreal Protocol.

 The amendments proposed the phase-down of
  production and consumption of HFCs under the
  ambit of the Montreal Protocol.

 The proposed amendments have a number of legal,
  policy and technical aspects which needs to be
  looked into carefully.
                                                  4
                       LEGAL ASPECTS
 The Parties to this Convention, determined to protect
  the human health against adverse effects resulting
  from modification of the ozone layer.

 According to Article 2 of the Vienna Convention, “The
  Parties shall take appropriate measures in accordance
  with the provisions of this Convention and of those
  protocols in force to which they are party to protect
  human health and the environment against adverse
  effects resulting or likely to result from human activities
  which modify or are likely to modify the ozone layer.”

 From the preamble to the Vienna Convention and its
  other provisions it is clear that the objective of the
  Vienna Convention is to protect human health
  against adverse effects resulting from modification of
  the ozone layer.                                    5
               LEGAL ASPECTS (contd.)
 In short, the Vienna Conventions revolves around the
  ozone layer.

 Therefore, it may not be appropriate for the Montreal
  Protocol formed under the Vienna Convention to deal
  with GHGs which are specifically covered under the
  Kyoto Protocol formed under the UNFCCC unless it
  can also be demonstrated that the GHGs listed under
  Kyoto Protocol can modify the ozone layer so as to
  cause adverse effect on environment.

 Article 9 of the Vienna Convention which deals with
  the amendments to the Convention also supports this
  view. The proposed amendments does not provide
  any scientific basis/data to support that HFCs are
  likely to deplete the ozone layer.              6
                   POLICY ASPECTS
 The Vienna Convention for the Protection of the
  Ozone Layer and the Montreal Protocol on the
  Substances that Deplete the Ozone Layer are very
  specific Multilateral Environment Agreements (MEAs)
  addressing the protection of the ozone layer.

 The Convention as well as the Protocol had no
  intention and provision to modify and accommodate
  non-ODSs.

 The amendment of the preamble of the Montreal
  Protocol proposed in the amendments is an attempt
  to deviate from the basic objectives of the Protocol
  as well as the Vienna Convention.
                                                   7
              POLICY ASPECTS (contd.)
 The proposed amendments are the attempts to
  amalgamate the two Conventions, the Vienna
  Convention and the UNFCCC which can only be done,
  if at all at the joint meeting of the two conventions.

 HFCs are not ODSs and, therefore, these are outside
  the ambit of the Montreal Protocol which aims to
  protect the ozone layer by taking measures to phase-
  out the production and consumption of ODSs.

 The Montreal Protocol has already phased out high-
  ODP ODSs which were also having high GWP. The
  Phase-out of ODSs has reduced the GHG emissions
  substantially which amounts to 5 to 6 times of the
  first commitment of Kyoto Protocol              8
             POLICY ASPECTS (contd.)

 HFCs, being the high-GWP gases, are already part of
  the Kyoto basket of gases

 The emissions of HFCs are already controlled by the
  Kyoto Protocol to address the adverse effect on
  climate, if any

 The MOP while adjusting the Protocol in September
  2007 to accelerate the phase-out of HCFCs decided to
  encourage the use of lower GWP substitutes

 The Protocol is having appropriate mechanism to
  reduce the penetration and consumption of HFCs as
  substitutes to HCFCs
                                                   9
                 TECHNICAL ASPECTS
 Currently more than 90 percent cooling requirements
  are met with HFC and HCFC refrigerants.

 The    non-HFC    alternatives  like   hydrocarbons,
  ammonia, carbon dioxide (CO2) etc. are limited and as
  per the industry experts, these would not be able to
  cater the needs of various applications of
  Refrigeration and Air-Conditioning (RAC), foam
  blowing etc..

 The Technology and Economic Assessment Panel’s
  (TEAP) reports in pursuant to the various decisions of
  the Meeting of the Parties (MOP) including XXI/9 of
  the 21st MOP, have clearly brought out that HFCs are
  the main alternative technologies to replace HCFCs
  especially the HCFC-22 in RAC sector.             10
           TECHNICAL ASPECTS (contd.)

 As per the industry experts, the non-Article 5 Parties
  including USA have mainly used HFCs as alternatives
  to HCFCs to meet the 75% reduction targets of
  HCFCs as of 1st January 2010.

 Other low GWP refrigerants like HFC-1234yf are still
  under investigation only and it is yet to be
  established that HFC-1234yf is environmentally,
  technically and economically viable alternatives.

 Moreover, the HFC-1234yf is a replacement for HFC-
  134a and not for HCFC-22.



                                                    11
           TECHNICAL ASPECTS (contd.)
 How the low-GWP alternatives such as HFC-1234yf
  which is still under investigation will be made more
  affordable to the developing countries.

 The incremental operating costs are paid to the
  industries of Article 5 Parties for a very short period
  through the MLF

 The industries and the countries to bear the costs
  for future years to come. Most of the countries
  become importers from self reliance

 This clearly indicates that there are no technically
  proven, economically viable and environmentally
  benign alternatives
                                                     12
              CONCLUDING REMARKS
 The proposed amendments to bring phase-down of
  HFCs under the Vienna Convention and its Montreal
  Protocol has a number of legal, policy and technical
  implications.

 India, on behalf of the Indian industry, has tried to
  seek clarifications to the various issues by raising
  queries at the various meetings like Open Ended
  Working Group (OEWG) and MOP in last two years.

 None of those queries have been answered or
  addressed in the proposed amendments.

 There are no technically proven, economically viable
  and environmentally-benign alternatives to HFCs.
                                                   13
                   WAY FORWARD !

 The industry representatives from US and India
  should have a detailed dialogue on issues related to
  various aspects including availability of technically
  proven, economically viable and environmentally
  benign technologies.

 The Parties to the Montreal Protocol may request the
  TEAP to carry out Life-Cycle Climate Performance
  (LCCP) analysis of Life-Cycle Assessment (LCA) of
  HFCs vs. other low-GWP fluids .




                                                    14
THANK YOU
            15

				
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