On Substances That Deplete the Ozone Layer

28th MEETING OF THE PARTIES TO THE MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE LAYER

13-14 OCTOBER, 2016 KIGALI, RWANDA

STATEMENT BY INDIA

MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE GOVERNMENT OF INDIA Mr. President, Excellencies, Distinguished Delegates, Ladies and Gentlemen,

Mr. President, I take this opportunity to compliment the Government of Rwanda for hosting the 28th Meeting of the Parties (MOP) to the Montreal Protocol and for its warm hospitality and the Executive Secretary of the Ozone Secretariat and her team, for making all the arrangements for the meeting.

The Vienna Convention for the Protection of the Ozone Layer and the Montreal Protocol on Substances that Deplete the Ozone Layer are the only international multilateral agreements, having universal ratification from all the 197 member countries of the United Nations. The Montreal Protocol with focused objectives and well defined targets for phase-out of production and consumption of Ozone Depleting Substances (ODSs) has a dynamic process for evolving policy instruments based on scientific and technical advancements.

India with its large majority of population dependent on agriculture and long coast line is exposed to vagaries of climate change. Through a low carbon foot print in Indian lifestyle, which is built around Mahatma Gandhi’s life values, India’s contribution to the problem of global warming is very small, but as a leader on environmental values and concerns, we would like to lead from the front to be part of the solution. One of the key reasons for the success of the Montreal Protocol is the development of strong and effective institutional frameworks for successfully achieving its goals. The Montreal Protocol, in the very beginning, had created a robust and transparent mechanism for providing technical and financial assistance to the developing countries to meet their ODS phase-out obligations as per the agreed schedule by the Parties. In the twenty-nine years of its operation, this treaty has fostered a degree of international cooperation that has been outstanding, leading to effective phase-out of production and consumption of several ODSs.

The Montreal Protocol has been built on the principle of Common but Differentiated Responsibility (CBDR). This is one of the most important factor for

of 5 global acceptance of the Protocol. Recognition of this fact and resultant actions by the developed countries had encouraged the developing countries to take commitments for phasing out production and consumption of ODSs with grace period of 10 to 17 years. The CBDR principle of the Montreal Protocol can serve as a model for future international cooperation in addressing emerging environmental challenges.

Mr. President, India, since it became a Party to the Vienna Convention for the Protection of the Ozone Layer in 1991 and the Montreal Protocol on Substances that deplete the Ozone Layer in 1992, has played a proactive role in the implementation of ODS phase-out activities in the country. Structured implementation framework supported by regulatory and fiscal measures have led to India successfully meting all the ODS phase out targets of the Montreal Protocol including the phase out of production and consumption of Chlorofluorocarbons (CFC), Carbontetrachloride (CTC), Halons, Methyl Chloroform and Stage-I of the Hydrochlorofluorocarbon (HCFC) phase-out Management Plan (HPMP) as per the accelerated phase-out schedule of the Montreal Protocol. Stage-II of the HPMP has been prepared for achieving the 2020 compliance target of the Montreal Protocol for HCFCs.

India has a robust domestic regulatory framework for national phase-out of Ozone Depleting Substances while encouraging the industry to meet the reduction targets as per phase out schedule of the Montreal Protocol. India has complied with the 2013 and 2015 phase out targets under the accelerated HCFC phaseout schedule. It needs to be highlighted here that there are challenges while phasing out HCFCs in the Micro, Small and Medium Enterprises (MSMEs) due to non-availability of safe, cost-effective and environment-friendly non-ODS and Low Global Warming Potential (GWP) technologies.

Mr. President, Protection of environment and sustainable development are the twin goals globally. Keeping in view the global consensus for phase down of Hydrofluorocarbon (HFC) under the Montreal Protocol, India submitted an amendment proposal for phase down of HFCs under the Montreal Protocol in April, 2015, while we continue to include HFCs within the scope of United Nations

of 5 Framework Convention on Climate Change (UNFCCC) and its Kyoto Protocol for accounting and reporting of emissions.

The Indian proposal reflects the concerns of growing economies, which balances development, cost to economy and environment protection. Keeping in view the diversity of issues and challenges in different sectors/sub-sectors, a flexible step-down approach has been proposed. We believe that a flexible step-down function for the Article 5 Parties will be in global interest. Flexibility in terms of choice of alternative technologies will facilitate this transition at the least cost. Based on their national circumstances, every five years the Parties should have the freedom to decide the phase down for a period of next five years. This would not only enable the developing countries to meet the challenging compliance with HCFC phase-out obligations but also enable the industry in these countries to move at a doable pace.

Mr. President, historically, India has been following a sustainable pattern of growth and lifestyle. The production and consumption of HFCs in India is only 2.32 % and 1.89 % of world production and consumption. Recognizing the environmental challenges associated with increasing HFC use, India has taken far-sighted measures in moving towards lower- global warming potential (GWP) refrigerants in the room AC sector in the country.

Mr. President, the Joint Declaration between our Hon’ble Prime Minister and the President of the USA re-emphasizes the principle that increased financial support is required from donor countries to the Multilateral Fund to help developing countries with implementation. Simultaneously, it is important to address the challenges associated with the phase-down of HFCs and also the concerns of all the parties, especially the developing countries.

The issue of Intellectual Property Rights (IPR), particularly the application patents has gained prominence in the deliberations of HFC phase down proposals, especially keeping in view that in some sectors non-HFC technologies are patented. The replacement technologies to HFCs have high cost due patent and licensing cost.

Mr. President, I am glad to mention that India, with its vast pool of scientific manpower and expert R&D institutions with a robust S&T infrastructure, has

of 5 launched a collaborative research program on development of low GWP, non-HFC alternative technologies. The research program shall involve other Scientific Ministries, Research Institutes, Academia, Industry and Citizens Groups. This is a significant step in moving towards phase-down of HFCs and self-reliance with respect to appropriate technologies.

While such efforts are underway, it is essential that the Multilatral Fund needs be augmented for achieving the agreed finance solutions for the proposed HFC phase-down successfully. This should be able to cover cost elements related energy efficiency, enhanced support to servicing sector, cost of patents and royalties, support to R&D.

Mr. President, consensus approach in evolving decisions has significantly contributed to the success of the Montreal Protocol. Clearly, this requires concrete effort by all of us in our endeavors. We are prepared to work with all the Parties in in order to find a practical way forward and help adopt our decisions by consensus. We wish to work with all nations in a positive manner. We have shown flexibility in order to reach a just and equitable HFC amendment that balances climate ambitions with the development and economic imperatives of our people.

Thank you. ***********