Day 011 - 12 Jul 94 - Page 29
1 Q. That is what it says. I take it that you have read the
Montreal Protocol.
2 A. Yes.
3 Q. It has been modified from time to time as the years have
gone by, has it not?
4 A. It has been modified significantly.
5 Q. Broadly speaking, in what ways has it been modified?
A. It has been modified in three ways. First, the
6 original estimates of the phase- out time have been
greatly reduced. Secondly, a range of other substances
7 have been included, one of the most significant of which
in fact is technically not a CFC at all. It is in fact
8 carbon tetrachloride which is primarily used in the
drycleaning industry - which is methane with four
9 chlorines. This is in fact now perceived to be very
dangerous and is included on the list of substances to be
10 phased out rapidly. Finally, the HCFC family have been
included - transitional substances, i.e. Substances which
11 can be used in processes for which there are what are
sometimes referred to as a drop - in replacement with the
12 understanding that these will be phased out as soon as is
practicable. So, they are not actually listed as CFCs but
13 as a particular class of substances which have a slightly
different behaviour.
14
Q. When were the HCFC family first included in the Montreal
15 Protocol?
A. I will actually have to check. I think it is
16 actually 1990, but ---- In fact, in terms of the United
Kingdom it is in the HMSO publication Miscellaneous Series
17 No. 12, 1991 which is the amendment to the Montreal
Protocol which was presented to Parliament in 1991. It is
18 in fact Annex C entitled 'Transitional Substances'.
19 Q. I know the defendants have got these. I do not know if
his Lordship has.
20
MR. JUSTICE BELL: Professor Duxbury, when the 'CFC treaty
21 signed' box had been read and Mr. Rampton asked you a
final question in relation to it, you said, "That is what
22 it says, yes." Were you doubting the accuracy of the
summary in the box?
23 A. No, what I was doubting was the wisdom of actually
allowing large countries to in fact carry on using ----
24
Q. That is all right. I wondered whether you were doubting
25 the summary.
A. No, the reason I gave, my Lord, is that if one takes
26 carbon tetrachloride as an example, although it has been
phased out in the United States, in fact there has been an
27 increase in its use in the Far East which partly negates
the effects of reducing the chlorine- containing compounds
28 elsewhere.
29 MR. RAMPTON: Professor Duxbury, have you got the one there
which came out in June 1991? It is Cm 1567 in the bottom
30 left hand corner. It calls itself 'Amendment to the
Montreal Protocol on Substances that Deplete the Ozone
