Terms of Reference for the Assessment Panels

Terms of reference for the Scientific Assessment panel
[Source: Annex VI of the report of the First Meeting of the Parties]

1. The Panel for Scientific Assessment shall be responsible for undertaking the review of the scientific knowledge in a timely manner as dictated by the needs of the Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer.

2. The currently available new scientific knowledge acquired since the adoption of the Montreal Protocol shall be compiled into a report which shall be ready for submission to the Integration Working Group of the Parties ten months prior to the second meeting of the Parties to the Protocol, at which the assessment of the control measures will be undertaken.

3. The report shall be consolidated with three other review reports on environmental, economic and technical knowledge. The Integration Working Group of the Parties will be responsible for consolidating the four reports and preparing recommendations to the Parties on the assessment of the control measures specified in the Montreal Protocol. The Secretariat will formally transmit the consolidated report to the Parties at least eight months before the second meeting of the Parties to the Protocol.

4. The report shall consist of four chapters as follows:
Chapter 1 – Introduction
Chapter 2 – Polar ozone
Chapter 3 – Global trends
Chapter 4 – Model prediction
Each chapter will be 50-100 pages in length with a 5-page summary of the chapter. The report will have a 10-page executive summary which will be written in a style understandable and useful to policy makers.

5. The Panel shall consist of selected experts who are qualified in the field of atmospheric science and internationally recognized as such. The experts who are best qualified in the subject-matter of the various chapters shall be selected ensuring the widest possible geographical balance of representation.

6. The Panel shall be organized in the following way:
(a) The Executive Committee of the Chairmen;
(b) The Chapter Chairmen;
(c) The Contributing Authors.

7. The Executive Committee of the Chairmen shall select the experts to participate in the Panel, ensure co-ordination of the Chapter Chairmen, convene necessary meetings of the Panel and prepare the executive summary of the report.

8. The Chapter Chairmen shall ensure effective co-ordination among the Contributing Authors as well as ensuring co-ordination with the other review panels. They shall compile and prepare the summary of their respective chapters.

9. The Contributing Authors shall, as directed by the Chapter Chairmen, prepare and submit a brief report on current knowledge of their topic.


Terms of reference for the Environmental Assessment panel
[Source: Annex VI of the report of the First Meeting of the Parties]

1. The Panel for Environmental Assessment shall be responsible for undertaking the review of the knowledge concerning the environmental effects of the ozone depletion in a timely manner as dictated by the needs of the Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer.

2. The currently available new environmental knowledge acquired since the adoption of the Montreal Protocol shall be compiled into a report which shall be ready for submission to the Integration Working Group of the Parties ten months prior to the second meeting of the Parties to the Protocol, at which the assessment of the control measures will be undertaken.

3. The report shall be consolidated with three other review reports on scientific, economic and technical knowledge. The Integration Working Group of the Parties will be responsible for consolidating the four reports and preparing recommendations to the Parties on the assessment of the control measures specified in the Montreal Protocol. The Secretariat will formally transmit the consolidated report to the Parties at least eight months before the second meeting of the Parties to the Protocol.

4. The report shall consist of seven chapters as follows:
Chapter 1 – Introduction
Chapter 2 – Solar interactions
Chapter 3 – Human health
Chapter 4 – Terrestrial plants
Chapter 5 – Aquatic ecosystems
Chapter 6 – Tropospheric air quality
Chapter 7 – Materials damage

Each chapter will be 5-25 pages in length and consist of the following:
– Summary
– Introduction or background
– State of science
– Assessment of results
– Research needs
– References
The report shall have an executive summary of approximately 10 pages written in a style understandable and useful to policy makers.

5. The Panel shall consist of selected experts who are qualified in the fields related to the environmental effects of ozone depletion and internationally recognized as such. The experts who are best qualified in the subject-matter of the various chapters shall be selected ensuring the widest possible geographical balance of representation.

6. The Panel shall be organized in the following way:
(a) The Chairman;
(b) The Chapter Chairmen;
(c) The Contributing Authors;
(d) The Reviewers.

7. The Chairman shall ensure co-ordination of the Chapter Chairmen, convene necessary meetings of the Panel, prepare the executive summary of the report with the Chapter Chairmen, and select the experts to participate in the Panel.

8. The Chapter Chairmen shall ensure effective co-ordination among the Contributing Authors as well as ensuring co-ordination with the other review panels. The Chapter Chairmen shall compile and lead the preparation of the summary of their respective chapters. The Chapter Chairmen shall also assist the Chairman in the preparation of the executive summary of the report.

9. The Contributing Authors shall, as directed by the Chapter Chairmen, prepare and submit a brief report of the current knowledge of their topic. The Contributing Authors shall also assist the Chapter Chairmen in the preparation of the chapter summary.

10. The Reviewers shall review the draft report and make necessary comments before the final submission of the report to the Integration Working Group of the Parties.

Terms of reference of the Technology and Economic Assessment Panel
[Source: Annex V of the report of the Eighth Meeting of the Parties]

Parties have requested that the Technology and Economic Assessment Panel (TEAP) annually update the status of technical feasibility and the phase-out progress.

1. Scope of Work
The tasks undertaken by the TEAP are those specified in Article 6 of the Montreal Protocol in addition to those requested from time to time at Meetings of the Parties. The TEAP analyses and presents technical information. It does not evaluate policy issues and does not recommend policy. The TEAP presents technical and economic information relevant to policy. Furthermore, the TEAP does not judge the merit or success of national plans, strategies, or regulations.

2. Organization of Technology and Economic Assessment Panel (TEAP), Technical Options Committees (TOCs) and Temporary Subsidiary Bodies (TSBs)

2.1 Size and Balance
The membership size of the TEAP should be about 18-22 to allow it to function effectively. It should consist of the Co-chairs of the TEAP, the Co-chairs of all the TOCs and 4-6 Senior Experts for specific expertise or geographical balance not covered by the TEAP Co-chairs or TOC Co-chairs. Each TOC should have two or, if appropriate, three Co-chairs. The positions of TOC Co-chairs as well as of the Senior Experts must be filled to promote a geographical and expertise balance. The overall goal is to achieve a representation of about 50 per cent for Article 5(1) Parties in the TEAP and TOCs.

2.2 Nominations
Nominations of members to the TEAP and TOCs may be made by individual Parties to the Secretariat through their relevant government organization. Such a nomination will be forwarded to the TEAP for consideration and, in the case of nominations of the TEAP for recommendation to the Meeting of the Parties. Any nominations made by the TEAP will be communicated to the relevant Party for consultation before recommendations for appointment are made.

2.3 Appointment of Members of TEAP
In keeping with the intent of the Parties for a periodic review of the composition of the assessment panel, the Meeting of the Parties shall appoint the members of the TEAP for a period to be determined by the Parties, subject to re-endorsement by the Parties. In appointing or re-endorsing members of the TEAP, the Parties should ensure continuity as well as a reasonable turnover.

2.4 TOC Co-chairs
The Co-chairs of a TOC should not normally act as Co-chairs of another TOC.

2.5 Appointment of Members of TOCs
Each TOC should have about 20-35 members. The TOC members are appointed by the TOC Co-chairs in consultation with the TEAP.

2.6 Termination of Appointment
TEAP/TOC Co-chairs can dismiss a member by a two-thirds majority vote. A dismissed member has the right to request a vote of its relevant Panel, Committee or TSB and will be restored if supported by one-third of the members of that body. A dismissed member of the TEAP has the right to appeal to the next Meeting of the Parties through the Secretariat. A dismissed member of a TOC can appeal to TEAP, which can decide on such issues with a two-thirds majority vote, and can appeal to the next Meeting of the Parties.

2.7 Replacement
If a TOC Co-chair/Senior Expert relinquishes or is unable to function, the TEAP after consultation with the nominating Party can temporarily appoint a replacement from amongst its bodies for the time up to the next Meeting of the Parties, if necessary to complete its work. For the appointment of a new member at the Meeting of the Parties, the procedure set out in paragraph 2.2 should be followed.

2.8 Subsidiary Bodies
Temporary Subsidiary Technical Bodies (TSBs) can be appointed by the TEAP/TOCs to report on specific issues of limited duration. The TEAP/TOCs may appoint and dissolve, subject to review by the Parties, such subsidiary bodies of technical experts when they are no longer necessary. The Code of Conduct must be followed by the members of TSBs to avoid conflict of interests in the performance of their duties. For issues which cannot be handled by the existing TOCs and are of substantial and continuing nature TEAP should request the establishment by the Parties of a new TOC.

2.9 Guidelines for Nominations
The TEAP/TOCs will draw up guidelines for nominating experts by the Parties. The TEAP/TOCs will publicize a matrix of expertise available and the expertise gap in the TEAP/TOCs so as to facilitate submission of appropriate nominations by the Parties.

3. Functioning of TEAP/TOCs/TSBs

3.1 Language
The TEAP/TOCs/TSBs meetings will be held and reports and other documents will be produced only in English.

3.2 Scheduling of Meetings
The place and time of the TEAP/TOCs/TSBs meetings will be fixed by the Co-chairs.

3.3 Rules of Procedure
The rules of procedure of the Montreal Protocol will be followed in conducting the meetings of the TEAP/TOCs/TSBs, unless otherwise stated in the terms of reference for TEAP/TOCs/TSBs approved by a Meeting of the Parties.

3.4 Observers
No observers will be permitted at the TEAP, TOC or TSB meetings. However, anyone can present information to the TEAP/TOCs with prior notice and can be heard personally if the TEAP/TOCs consider it necessary.

3.5 Functioning by Members
The TEAP/TOCs/TSBs members function on a personal basis as experts, irrespective of the source of their nominations and accept no instruction from, nor function as representatives of Governments, industries, NGOs or others.

4. Report of TEAP/TOCs/TSBs

4.1 Procedures
The TEAP/TOCs/TSBs will be developed through a consensus process. The reports must reflect any minority views appropriately.

4.2 Access
Access to materials and drafts considered by the TEAP/TOCs/TSBs will be available only to TEAP/TOCs members or others designated by TEAP/TOCs/TSBs.

4.3 Review by TEAP
The final reports of TOCs and TSBs will be reviewed by the TEAP and will be forwarded, without modification (other than editorial or factual corrections which have been agreed with the Co-chairs of the relevant TOC or TSB) by the TEAP to the Meeting of the Parties, together with any comments the TEAP may wish to provide. Any factual errors in the reports may be rectified through a corrigendum following publication, upon receipt by TEAP or the TOC of supporting documentation.

4.4 Comment by Public
Any member of the public can comment to the Co-chairs of TOCs and TSBs with regard to their reports and they must respond as early as possible. If there is no response, these comments can be sent to the TEAP Co-chairs for consideration by TEAP.

5. Code of conduct by members of the Technology and Economic Assessment Panel
Code of Conduct
Members of the TEAP, TOCs and the TSBs have been asked by the Parties to undertake important responsibilities. As such, a high standard of conduct is expected of Members in discharging their duties. In order to assist Members, the following guidelines have been developed as a Code of Conduct.

1. This Code of Conduct is intended to protect Members of the TEAP, TOCs and TSBs from conflicts of interest in their participation. Compliance with the measures detailed in these guidelines is a condition for serving as a Member of the TEAP, the TOCs or the TSBs.

2. The Code is to enhance public confidence in the integrity of the process while encouraging experienced and competent persons to accept TEAP, TOC and/or TSB membership by:
• establishing clear rules of conduct with respect to conflict of interest while and after serving as a Member, and
• by minimizing the possibility of conflicts arising between the private interest and public duties of Members, and by providing for the resolution of such conflicts, in the public interest, should they arise.

3. In carrying out their duties, Members shall:
• perform their official duties and arrange their private affairs in such a manner that public confidence and trust in the integrity, objectivity and impartiality of the TEAP, TOCs and TSBs are conserved and enhanced;
• act in a manner that will bear the closest public scrutiny, an obligation that is not fully discharged by simply acting within the law of any country;
• act in good faith for the best interest of the process;
• exercise the care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances;
• not give preferential treatment to anyone or any interest in any official manner related to the TEAP, TOCs or TSBs;
• not solicit or accept significant gifts, hospitality, or other benefits from persons, groups or organizations having or likely to have dealings with the TEAP, TOCs or TSBs;
• not accept transfers of economic benefit, other than incidental gifts, customary hospitality, or other benefits of nominal value, unless the transfer is pursuant to an enforceable contract or property right of the Member;
• not step out of their role as a Member to assist other entities or persons in their dealings with the TEAP, TOCs or TSBs where this act would result in preferential treatment to any person or group;
• not knowingly take advantage of, or benefit from, information that is obtained in the course of their duties and responsibilities as a Member of the TEAP, TOCs and TSBs, and that is not generally available to the public; and
• not act, after their term of office as a Member of the TEAP, TOCs or TSBs in such a manner as to take improper advantage of their previous office.

4. To avoid the possibility or appearance that Members of the TEAP, TOCs or TSBs might receive preferential treatment, Members shall not seek preferential treatment for themselves or third parties or act as paid intermediaries for third parties in dealings with the TEAP, TOCs or TSBs.

5. TEAP, TOC and TSB Members shall disclose activities including business or financial interest in production of ozone-depleting substances, their alternatives, and products containing ozone depleting substances and alternatives which might call into question their ability to discharge their duties and responsibilities objectively. TEAP, TOC and TSB members must annually disclose such activities. They must also disclose any financing from a company engaged in commercial activities, for their participation in the TEAP, TOC or TSB.

6. TEAP is responsible for the interpretation and TEAP/TOC/TSB Members for the application of this Code of Conduct.