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Response to Decision XXIII/10

Response to Decision XXIII/10 Updating the nomination and operational processes of the TEAP and its Subsidiary Bodies TEAP XXIII/10 Task Force. M o n t r e a l P r o t o c o l O E W G - 3 2 m e e t i n g, 2 3 - 2 7 J u l y 2 0 1 2, B a n g k o k. 1. Decision XXIII/10 Task Force.

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Response to Decision XXIII/10

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  1. Response to Decision XXIII/10 Updating the nomination and operational processes of the TEAP and its Subsidiary Bodies TEAP XXIII/10 Task Force M o n t r e a l P r o t o c o l O E W G - 3 2 m e e t i n g, 2 3 - 2 7 J u l y 2 0 1 2, B a n g k o k 1

  2. Decision XXIII/10 Task Force Co-chairs Alistair McGlone, UK (non-A5) Bella Maranion, USA (Senior expert, non-A5) Marta Pizano, Colombia (MBTOC, TEAP co-chair, A5) Members Paul Ashford, UK (FTOC, non-A5) Roberto Peixoto, Brazil (RTOC, A5) Helen Tope, Australia (MTOC, non-A5) Dan Verdonik, USA (HTOC, non-A5) Masaaki Yamabe, Japan (previous CTOC, non A-5) Shiqiu Zhang, China (Senior expert, A5) M o n t r e a l P r o t o c o l O E W G - 3 2 m e e t i n g, 2 3 - 2 7 J u l y 2 0 1 2, B a n g k o k 2

  3. Decision XXIII/10 Mandate Compose TOCs and TSBs to reflect balance of expertise so reports are comprehensive, objective and policy neutral Update matrix of needed capabilities including information on required expertise, selection and nomination process Standardise information and process for nominations and appointments to TEAP/ TOC/ TSB ensuring all are made in full consultation with relevant Parties Revise draft guidelines on recusal Prepare guidelines for appointment of TEAP co-chairs Propose reorganisation of TOCs to ensure appropriate balance/ expertise to conform with workload Update current Terms of Reference M o n t r e a l P r o t o c o l O E W G - 3 2 m e e t i n g, 2 3 - 2 7 J u l y 2 0 1 2, B a n g k o k 3

  4. Changing environment – new challenges for TEAP TEAP 23 year service (since 1989) to the Parties to the Montreal Protocol TEAP membership over the years from a low 6 to a high 28 members, currently22members are managing the work of 6 TOCs and 4 TFs TOR established in 1996, amended in 2006 Now adapting to changing emphasis of Protocol and future needs of Parties Non-A5 to predominantly A5 ODS phase-out Focus on technology solutions in A5 Parties Continuing ODS use(EUE, CUE, QPS, Feedstock, Process Agents) Special issues: destruction, climate impacts M o n t r e a l P r o t o c o l O E W G - 3 2 m e e t i n g, 2 3 - 2 7 J u l y 2 0 1 2, B a n g k o k 4

  5. Matrix of expertise needed Body Required expertise Position(s) CTOC Destruction technologies Industrial chemistry or chemical engineering A5/ non-A5 FTOC PU foams XPS representation Non-A5, CEIT, A5 Europe, South Asia HTOC Aviation sector user General fire protection (new alternatives) Banking inventories, regional knowledge Defence/ Space sector user Regulatory/ Policy A5/ non-A5 China/ India China/ North Africa Europe Non-A5/ A5 MBTOC QPS. Alternatives/regulations for preplant soil fumigation in certified nursery materials. Economic expertise. Postharvest entomologist A5 members, economist MTOC Additional experts not currently required RTOC Additional experts not currently required

  6. Nomination requirements TEAP is requested to ensure that all nominations for appointments to the Panel - including co-chairs to the TOCs – “are agreed by the national focal points of the relevant party” Terms of TEAP and TOC members expire in 2013 and 2014 respectively except members approved for four-year terms in past decisions TEAP or TOC members may be re-nominated for additional periods of up to four years each TEAP and TOC co-chairs will need to consider the 4 year period of appointment of members and adopt a process to minimise disruption and ensure continuity of the work of the TOC M o n t r e a l P r o t o c o l O E W G - 3 2 m e e t i n g, 2 3 - 2 7 J u l y 2 0 1 2, B a n g k o k 6

  7. Nominations and appointments Positions Recommended by Nominated by Appointed by Reappointment TEAP Co-chair Parties/ TEAP Parties Decision of Parties Same as app Senior expert Parties/ TEAP Parties Decision of Parties Same as app TOC co-chair Parties/ TEAP Parties Decision of Parties Same as app TSB co-chair Parties/ TEAP TEAP co-chairs/ TOC co-chairs TEAP co-chairs/ TOC co-chairs Parties to confirm if TSB exists > 1 yr TSB member Parties/ TEAP/ TOC TSB co-chairs TSB co-chairs Parties to confirm if TSB exists > 1 yr Other TOC member Parties/ TEAP/ TOC Parties/ TOC co-chairs TOC co-chairs Same as app. Parties to review TOC list every 4 yr

  8. Information for TEAP/TOC nomination Formal education and other qualifications Employment and other relevant experience as an expert Past performance conducting similar or related work Affiliated country and/or world region English and other language proficiency Professional references Other (professional memberships, awards, funding or support, additional disclosure of interests, confirmation of review and agreement) Nomination form provided at the end of the TF report M o n t r e a l P r o t o c o l O E W G - 3 2 m e e t i n g, 2 3 - 2 7 J u l y 2 0 1 2, B a n g k o k 8

  9. Introduction of new TOC members Decision XXIII/10 requests TEAP to ensure that all new TOC members are properly informed of the Panel’s terms of reference, its code of conduct, relevant decisions of the parties and Panel operational procedures (and are requested to abide by that guidance) The TEAP website could be updated to include such information for new TOC members in the form of an on-line handbook with links to various information Given the extensive work involved in developing an on-line handbook, TEAP would need support from the Ozone Secretariat or similar. The Parties may wish to give consideration to how this work would be undertaken if considered important M o n t r e a l P r o t o c o l O E W G - 3 2 m e e t i n g, 2 3 - 2 7 J u l y 2 0 1 2, B a n g k o k 9

  10. Guidelines for appointment of TEAP co-chairs Issues that might require amendment of the TOR: Co-chairs may be recommended by TEAP but are nominated by Parties and appointed by a MOP Decision Nominations to be agreed by the national focal point of the relevant Party Co-chairs should be familiar with the business of the TEAP and have required expertise including interpersonal, management and organisational skills Ideally a co-chair would be appointed from within the TEAP M o n t r e a l P r o t o c o l O E W G - 3 2 m e e t i n g, 2 3 - 2 7 J u l y 2 0 1 2, B a n g k o k 10

  11. Proposed revision to membership numbers in TEAP’s Subsidiary Bodies Funding problems are increasingly common among non-A5 members, sometimes preventing them from attending meetings M o n t r e a l P r o t o c o l O E W G - 3 2 m e e t i n g, 2 3 - 2 7 J u l y 2 0 1 2, B a n g k o k 11

  12. Proposed revision to membership numbers in TEAP’s Subsidiary Bodies Chemicals Technical Options Committee (CTOC) – Presently 14 members, 7 from A-5, 7 from non-A5. Expertise in chemistry and/or chemical engineering, from industry, academia, research and consultancy.Some members indicated not wishing to continue after 2014.Additional A5 members may be needed for future M o n t r e a l P r o t o c o l O E W G - 3 2 m e e t i n g, 2 3 - 2 7 J u l y 2 0 1 2, B a n g k o k 12

  13. Proposed revision to membership numbers in TEAP’s Subsidiary Bodies (2) Foams Technical Options Committee (FTOC) – presently18 members, 13 from non-A5, 5 from A-5. Gaps in membership from South Asia and Middle East. XPS representation from non-A5 (ideally Japan) needed, plus government or regulatory expert. FTOC plans to put forward all itsmembers for re-appointment in 2012 M o n t r e a l P r o t o c o l O E W G - 3 2 m e e t i n g, 2 3 - 2 7 J u l y 2 0 1 2, B a n g k o k 13

  14. Proposed revision to membership numbers in TEAP’s Subsidiary Bodies (3) Halons Technicals Options Committee (HTOC) – presently 20 members, 11 from non-A5, 9 from A-5. Filling vacancies on aviation airframe fire protection (A5), commercial airline fire protection (non-A5), European military fire protection, regional perspective from North Africa. New chemicals experts from China/ India, expertise from Asia, regulatory/ policy for halons and alternatives (A5/non-A5) M o n t r e a l P r o t o c o l O E W G - 3 2 m e e t i n g, 2 3 - 2 7 J u l y 2 0 1 2, B a n g k o k 14

  15. Proposed revision to membership numbers in TEAP’s Subsidiary Bodies (4) Refrigerants Technical Options Committee (RTOC) – In 2010 had 28 members.Consists of experts from 10 subsectors, each with specific expertise. Finding experts from A5 Parties can prove challenging. RTOC is organised in chapters, each with a leading author. Proposals for reorganisation have recently been completed in light of the work needed to complete the 2014 Assessment Report M o n t r e a l P r o t o c o l O E W G - 3 2 m e e t i n g, 2 3 - 2 7 J u l y 2 0 1 2, B a n g k o k 15

  16. Proposed revision to membership numbers in TEAP’s Subsidiary Bodies (5) Medical Technical Options Committee (MTOC) – Presently 19 members, 11 from non-A5 (four of whom provide global expertise in sterilant sector), 8 from A-5.Current membership includes wide expertise and appropriate representation for MDIs, sterilants and medical aerosols. Technical and geographical balance is adequate. MTOC envisions a short Assessment Report in 2014 and does not consider reorganisation necessary at this time A corresponding committee may be feasible when EUNs and detailed MDI reports will no longer be required, meeting only when required M o n t r e a l P r o t o c o l O E W G - 3 2 m e e t i n g, 2 3 - 2 7 J u l y 2 0 1 2, B a n g k o k 16

  17. Proposed revision to membership numbers in TEAP’s Subsidiary Bodies (6) Methyl Bromide Technical Options Committee (MBTOC) – presently 35 members, 22 from non-A5, 13 from A-5. A5 membership needs strengthening, committee needs downsizing (to about 25 members) dependent on number and sectors applying for A5 CUNs Number and sector expertise for CUNs from A5 Parties as of 2013 will influence number required. QPS, Soils and SC expertise should be retained Consolidating MBTOC into two sub-committees that meet together envisioned, although funding influences outcome of this consolidation M o n t r e a l P r o t o c o l O E W G - 3 2 m e e t i n g, 2 3 - 2 7 J u l y 2 0 1 2, B a n g k o k 17

  18. Amendments to TOR An initial draft of updated Terms of Reference is included in the TF report for consideration of the OEWG It emphasizes the need to reflect appropriate expertise and balance in TOCs and TSBs Processes and requirements for nominations and appointments are more clearly defined, including full consultation with national focal points of the relevant Party and need of a MOP decision to confirm TSBs existing for periods longer than one year Periods of service (up to 4years, renewable) are specified and termination of service more clearly addressed Guidelines for nomination of experts and a matrix of required expertise (to be updated twice a year by TEAP) M o n t r e a l P r o t o c o l O E W G - 3 2 m e e t i n g, 2 3 - 2 7 J u l y 2 0 1 2, B a n g k o k 18

  19. Amendments to TEAP TOR (2) These necessary amendments and desirable revisions are not extensive and do not go beyond what is strictly needed to comply with the requirements of Decision XXIII/10 If the Parties wish to clarify the TOR further, they may wish to use this opportunity M o n t r e a l P r o t o c o l O E W G - 3 2 m e e t i n g, 2 3 - 2 7 J u l y 2 0 1 2, B a n g k o k 19

  20. Recusal guidelines The task force members are mindful of the requirements of the Parties' mandate: that the draft guidelines should "take into account similar guidelines in other multilateral forums” The task force drew, in particular, from related work under the aegis of the IPCC The footnotes indicate how related work, from other forums, was taken into account M o n t r e a l P r o t o c o l O E W G - 3 2 m e e t i n g, 2 3 - 2 7 J u l y 2 0 1 2, B a n g k o k 20

  21. Recusal guidelines - purpose The overall purpose of the guidelines is to protect the legitimacy, integrity, trust and credibility of the TEAP, TOCs and TSBs Particular attention was paid to issues of independence and strong points of view. It is essential that TEAP is not compromised by conflicts of interest Compliance with these guidelines is a condition for serving as a member Guidelines should enhance public confidence and encourage TEAP/ TOC/ TSB membership by establishing clear rules of conduct, minimizing the possibility of conflicts and providing for their resolution M o n t r e a l P r o t o c o l O E W G - 3 2 m e e t i n g, 2 3 - 2 7 J u l y 2 0 1 2, B a n g k o k 21

  22. Recusal guidelines – questions addressed Behaviour Financial/ non- financial conflicts Difference between strong points of view and conflict of interest Apparent and “objective” conflicts Past, present and/ or potential interests Address anindividual’s family and other related persons and organisation All potential interests or only relevant ones When information is disclosed and who reviews it How to proceed in case of a conflict of interest How disclosures are handled outside the organisation The TF worked on a draft Decision for consideration of the Parties at the OEWG. It is assumed that it will substitute most of the present Code of Conduct M o n t r e a l P r o t o c o l O E W G - 3 2 m e e t i n g, 2 3 - 2 7 J u l y 2 0 1 2, B a n g k o k 22

  23. Disclosure of Interest (DOI) Members shall annually disclose any and all activities (including funding sources and interests) which might call into question their ability to perform their duties and responsibilities objectively Any material change in activity, interest or funding should be disclosed within 30 days ‘Interest’ includes -- but is not limited to -- business, government or financial interests in ODS or their alternatives A member may decline to disclose information thatcould adversely affect safety, security, confidentiality or other concerns, but must declare this fact in their disclosure of interest and recuse themselves from these topics M o n t r e a l P r o t o c o l O E W G - 3 2 m e e t i n g, 2 3 - 2 7 J u l y 2 0 1 2, B a n g k o k 23

  24. Recusal in relation to COI Recusal may be; Complete (member does not participate in discussions or decisions in that area of work) or Partial (member participates in discussions, but not in decision making) A recused member - whether partially or completely recused - may nevertheless answer questions with respect to an area of work if requested by TEAP/ TOC/ TSB A member who declines to disclose information on the grounds expressly set out in the guidelines (safety, security, confidentiality etc.) must completely recuse from discussions and decisions from the pertinent area of work A member may recuse from an area of work if he/she believes there is a conflict of interest M o n t r e a l P r o t o c o l O E W G - 3 2 m e e t i n g, 2 3 - 2 7 J u l y 2 0 1 2, B a n g k o k 24

  25. Recusal that is not voluntary A member may be recused by simple majority of the relevant co-chairs of TEAP/ TOC/TSB A recusal may be referred to the TEAP where it can not be resolved otherwise Where TEAP is unable to make a decision on recusal, acting by two-thirds majority, the final decision shall be made by the President of the MOP The ethics advisory body may be consulted on issues of recusal M o n t r e a l P r o t o c o l O E W G - 3 2 m e e t i n g, 2 3 - 2 7 J u l y 2 0 1 2, B a n g k o k 25

  26. Conflicts of Interest A member’s strong opinion or particular perspective does not necessarily create a conflict of interest The guidelines apply only to current (not past or potential/ possible future) conflicts of interest. TEAP proposes an ethics advisory body, which can be consulted by anyone considering whether to disclose an interest, seeking to avoid a conflict of interest, or trying to resolve a conflict of interest M o n t r e a l P r o t o c o l O E W G - 3 2 m e e t i n g, 2 3 - 2 7 J u l y 2 0 1 2, B a n g k o k 26

  27. Ethics advisory body Three persons appointed by the TEAP by consensus Each shall be appointed for terms of three years, renewable only once Advice is confidential, provided the person subject to inquiry complies with that advice, on issues of critical importance to the reputation and integrity of the TEAP Confidentiality may be waived by the person seeking advice or subject to the inquiry M o n t r e a l P r o t o c o l O E W G - 3 2 m e e t i n g, 2 3 - 2 7 J u l y 2 0 1 2, B a n g k o k 27

  28. Moving forward In responding to Decision XXIII/10, TEAP has identified additional operating procedures that couldbe clarified Most of these couldbe addressed through the development or update of TEAP`s operating procedures without further changes to the TOR Examples of these are, Handling/ issuance of Minority Reports. Review of decision-making processes including consensus when face-to face meetings of a TOC do not take place and work is conducted by telephone or electronic means M o n t r e a l P r o t o c o l O E W G - 3 2 m e e t i n g, 2 3 - 2 7 J u l y 2 0 1 2, B a n g k o k 28

  29. Moving forward (2) TEAP anticipates developing a Handbook of Operating Procedures to capture these innovations and provide appropriate guidance to members of all TOCs on the implementation of the TOR M o n t r e a l P r o t o c o l O E W G - 3 2 m e e t i n g, 2 3 - 2 7 J u l y 2 0 1 2, B a n g k o k 29

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