1. DRAFT RESOLUTION

That the request, in terms of Section 231 of the Constitution of the Republic of South Africa (Act 08 of 1996), for the ratification of the Montreal and Beijing Amendments to the Montreal Protocol on Substances that Deplete the Ozone Layer be referred to Parliament for approval.

2. BACKGROUND INFORMATION

South Africa acceded to the Montreal Protocol on Substances that Deplete the Ozone Layer on 15 January 1990. It is an international protocol designed to protect the vulnerable ozone layer in the stratosphere from damage by man-made chemicals that were, and still are released into the atmosphere. The ozone layer absorbs the ultra-violet rays (UV-B) from the sun and thus protects humans and other life forms on earth from the damaging effects of these rays.

In 1997 in Montreal, Canada, more control measures on methyl bromide were taken to further regulate the consumption of these substances. The mandatory licensing system to control the import and export of ozone-depleting substances (ODSs) was also introduced. These decisions led to the Montreal Amendment.

The latest amendment to the protocol was made in 1999 in Beijing and is known as the Beijing Amendment. This provides for new controls on the production of hydrochlorofluorocarbons (HCFCs) and the ban in trade in HCFCs and methyl bromide with countries that have not yet ratified the Copenhagen Amendment. It also lists bromochloromethane as a new controlled substance under the protocol. ('he instruments of ratification of the Copenhagen Amendment were deposited with the depository of the United Nations in New York early this year).

According to the Montreal Protocol, parties that have not ratified both the Montreal and the Beijing Amendments are regarded as non-parties as far as methyl bromide and HCFCs are concerned. This could have negative effects for South Africa, because trade sanctions on both substances could be imposed if we do not ratify. The worst thing about this issue is that South Africa does not produce these substances and, therefore, rely wholly on the importation of these.

A major challenge facing South Africa today under the ozone layer protection regime is the limitation to access international financial mechanisms to establish efficient and effective alternatives to methyl bromide. Ratifying the amendments may open up financial avenues especially from the Multilateral Fund Secretariat to the Montreal Protocol. Ratifying these two amendments is a prerequisite for financial assistance to carry out methyl bromide alternative projects.

Methyl Bromide: South Africa uses methyl bromide in the production of tomatoes, strawberries, tobacco and cut flowers, as well as in nurseries and in the replanting of orchards. It is also used in the fumigation of ships for quarantine and pre-shipment treatment flour mills, dried fruits and in stored grains. The loss of methyl bromide before

any proven replacement products have been found could, for instance, cripple apple production and the fruit juice industry, since apple juice forms the base of any fruit juice produced in the country except for citrus juices.

HCFCs: At the moment South Africa consumes more than 40 000 tonnes of HCFCs annually. This makes us the highest consumer in Africa. These substances are mainly used in the refrigeration, air-conditioning, foam-blowing, automobile, mining and aerosol industries. These industries invested heavily in HCFC technology since moving away from CFCs. If South Africa is denied usage of these substances, it will be adversely affected.

To date, South Africa has phased out the following ODSs: Chorofluorocarbons (CFCs), halons, methyl chloroform and carbon tetrachloride. This makes South Africa the only developing country under the Montreal Protocol that has achieved so much and in line with the phase-out schedules for developed countries.

3.1 In accordance with the prescribed procedures, a Cabinet memorandum on the above was submitted to the Chief State Law Advisors of the Department of Justice for a legal opinion on the implications of ratifying the amendments, and whether any provision of the ratification is in conflict with domestic law of the Republic of South Africa. The Chief State Law Advisors of the Department of Foreign Affairs have also been consulted for their opinion on the acceptability of this agreement and whether or not ratification would conflict with other international agreements.

3.2 National departments and other relevant stakeholders were also consulted regarding the opinion on the proposed ratification.

3.3 The Minister of Environmental Affairs and Tourism tabled a memorandum at a meeting of the Cabinet Committee on International Relations, Peace and Security (CCIRPS) on 31 May 2001, and recommended that Cabinet approve that South Africa sign and ratify the amendments. Following the recommendation by the CCIRPS, Cabinet approved the proposal on 13 June 2001.

4. ORGANISATIONAL AND PERSONNEL IMPLICATIONS

For the effective implementation of the Vienna Convention with its Montreal Protocol, South Africa must develop the necessary research and monitoring capacity with regard to ozone layer depletion. It will also need access to environment-friendly technologies. Furthermore, South Africa must institute legal and management arrangements that will enable it to meet the obligations established by the convention and its protocol.

5 FINANCIAL IMPLICATIONS

No costs involved.

6. COMMUNICATION IMPLICATIONS

The Cabinet decision on these issues will be communicated to all relevant organisations through the appropriate media.

7. LEGAL AND CONSTITUTIONAL IMPLICATIONS

7.1 In terms of section 231(2) of the Constitution of the Republic of South Africa, 1996 (Act108 of 1996), ratification of the amendments must be approved by Parliament.

7.2 The ratification of the amendments is in compliance with South Africa's current domestic legislation.

8. OTHER DEPARTMENTS / COMMITTEES! BODIES CONSULTED

National Department of Agriculture

Department of Arts, Culture, Science and Technology

Department of Foreign Affairs

Department of Health

Department of Housing

Department of Minerals and Energy

Department of Trade and Industry

Department of Transport

Department of Water Affairs and Forestry

Chemicals and Allied Industries' Association

Mining industry

Non-governmental organisations

9.RECOMMENDATIONS

The Department of Environmental Affairs and Tourism recommends that Parliament approve the process for South Africa's ratification of the Montreal and the Beijing Amendments to the Montreal Protocol. Should the process be approved, the amendments shall be binding on the Republic and shall form part of the law of the Republic of South Africa.