Decision
IX/
6:
Critical­
use
exemptions
for
methyl
bromide
1.
To
apply
the
following
criteria
and
procedure
in
assessing
a
critical
methyl
bromide
use
for
the
purposes
of
control
measures
in
Article
2
of
the
Protocol:

(
a)
That
a
use
of
methyl
bromide
should
qualify
as
"
critical"
only
if
the
nominating
Party
determines
that:

(
i)
The
specific
use
is
critical
because
the
lack
of
availability
of
methyl
bromide
for
that
use
would
result
in
significant
market
disruption;
and
(
ii)
There
are
no
technically
and
economically
feasible
alternatives
or
substitutes
available
to
the
user
that
are
acceptable
from
the
standpoint
of
environment
and
health
and
are
suitable
to
the
crops
and
circumstances
of
the
nomination,"

(
b)
That
production
and
consumption,
if
any,
of
methyl
bromide
for
critical
uses
should
be
permitted
only
if:

(
i)
All
technically
and
economically
feasible
steps
have
been
taken
to
minimize
the
critical
use
and
any
associated
emission
of
methyl
bromide;

(
ii)
Methyl
bromide
is
not
available
in
sufficient
quantity
and
quality
from
existing
stocks
of
banked
or
recycled
methyl
bromide,
also
bearing
in
mind
the
developing
countries'
need
for
methyl
bromide;

(
iii)
It
is
demonstrated
that
an
appropriate
effort
is
being
made
to
evaluate,
commercialize
and
secure
national
regulatory
approval
of
alternatives
and
substitutes,
taking
into
consideration
the
circumstances
of
the
particular
nomination
and
the
special
needs
of
Article
5
Parties,
including
lack
of
financial
and
expert
resources,
institutional
capacity,
and
information.
Non­
Article
5
Parties
must
demonstrate
that
research
programmes
are
in
place
to
develop
and
deploy
alternatives
and
substitutes.
Article
5
Parties
must
demonstrate
that
feasible
alternatives
shall
be
adopted
as
soon
as
they
are
confirmed
as
suitable
to
the
Party's
specific
conditions
and/
or
that
they
have
applied
to
the
Multilateral
Fund
or
other
sources
for
assistance
in
identifying,
evaluating,
adapting,
and
demonstrating
such
options;

2.
To
request
the
Technology
and
Economic
Assessment
Panel
to
review
nominations
and
make
recommendations
based
on
the
criteria
established
in
paragraphs
1
(
a)
(
ii)
and
1
(
b)
of
the
present
decision;
3.
That
the
present
decision
will
apply
to
Parties
operating
under
Article
5
and
Parties
not
so
operating
only
after
the
phase­
out
date
applicable
to
those
Parties;
