Decision IV/25.  Essential uses

	1.	To apply the following criteria and procedure in assessing an
essential use for the purposes of control measures in Article 2 of the
Protocol:

			(a)	That a use of a controlled substance should qualify as
"essential" only if:

			  (i)	It is necessary for the health, safety or is critical for the
functioning of society (encompassing cultural and intellectual aspects);
 and

			 (ii)	There are no available technically and economically feasible
alternatives or substitutes that are acceptable from the standpoint of
environment and health;

 

			(b)	That production and consumption, if any, of a controlled
substance for essential uses should be permitted only if:

			  (i)	All economically feasible steps have been taken to minimize the
essential use and any associated emission of the controlled substance; 
and

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

	

			(c)	That production, if any, for essential use, will be in addition
to production to supply the basic domestic needs of the Parties
operating under paragraph 1 of Article 5 of the Protocol prior to the
phase-out of the controlled substances in those countries;

	2.	To request each of the Parties to nominate, in accordance with the
criteria approved in paragraph 1 (a) of the present decision, any use it
considers "essential", to the Secretariat at least six months for halons
and nine months for other substances prior to each Meeting of the
Parties that is to decide on this issue;

	3.	To request the Technology and Economic Assessment Panel and its
Technical and Economic Options Committee to develop, in accordance with
the criteria in paragraphs 1 (a) and 1 (b) of the present decision,
recommendations on the nominations, after consultations with experts as
necessary, regarding:

			(a)	The essential use (substance, quantity, quality, expected
duration of essential use, duration of production or import necessary to
meet such essential use);

		

			(b)	Economically feasible use and emission controls for the proposed
essential use;

	

			(c)	Sources of already produced controlled substances for the
proposed essential use (quantity, quality, timing);  and

			(d)	Steps necessary to ensure that alternatives and substitutes are
available as soon as possible for the proposed essential use;

	4.	To request the Technology and Economic Assessment Panel, while
making its recommendations to take into account the environmental
acceptability, health effects, economic feasibility, availability, and
regulatory status of alternatives and substitutes;

	5.	To request the Technology and Economic Assessment Panel to submit
its report, through the Secretariat, at least three months before the
Meeting of the Parties in which a decision is to be taken.  The
subsequent reports will also consider which previously qualified
essential uses should no longer qualify as essential;

	6.	To request the Open-ended Working Group of the Parties to consider
the report of the Technology and Economic Assessment Panel and make its
recommendations to the Fifth Meeting of the Parties for halons and at
the Sixth Meeting for all other substances for which an essential use is
proposed;

	7.	That essential use controls will not be applicable to Parties
operating under paragraph 1 of Article 5 of the Protocol until the
phase-out dates applicable to those Parties;

