Montreal Protocol on substances that deplete the ozone layer

KEY POINTS

• The EU and the EU countries are Parties to the Vienna Convention and its Montreal Protocol.
• The Protocol includes provisions relating to:
  • control measures (Article 2)
  • calculation of control levels (Article 3)
  • control of trade with non-Parties (Article 4)
  • the special situation of developing countries (Article 5)
  • reporting of data (Article 7)
  • non-compliance (Article 8)
  • financial mechanism
  • technical assistance (Article 10), as well as other topics.
• The substances controlled are listed in Annexes: A (Chlorofluorocarbons — CFCs, halons), B (other fully halogenated CFCs, carbon tetrachloride, methyl chloroform), C (hydrochlorofluorocarbons — HCFCs, hydrobromofluorocarbons — HBFCs and bromochloromethane), E (methyl bromide) and F (HFCs).
• The Montreal Protocol envisages a phase-out of the consumption and production of the ozone-depleting substances and a phase-down of HFCs in a step-wise manner. There are different timetables for developing countries (referred to as Article 5 Parties) and developed countries (referred to as non-Article 5 Parties) for each group of substances.
• The timetable includes:
  • CFCs by 1 January 1996 for non-Article 5 Parties and by 1 January 2010 for Article 5 Parties (with possible exemptions);
  • Halons by 1 January 1994 for non-Article 5 Parties and by 1 January 2010 for Article 5 Parties (with possible exemptions);
  • HCFCs by 1 January 2020 for non-Article 5 Parties and by 1 January 2030 for Article 5 Parties (with possible exemptions and a small percentage can be used for servicing existing refrigeration and air-conditioning equipment (i.e. an allowance of 0.5 % of base level consumption until January 1, 2030 for servicing of refrigeration and air-conditioning equipment existing on 1 January 2020 for non-Article 5 Parties, and an allowance of 2.5 % of base level consumption when averaged over 10 years 2030-2040 until January 1, 2040 for servicing of refrigeration and air conditioning equipment existing on 1 January 2030 for Article 5 Parties);
  • For HFCs the first reduction step for non-Article 5 Parties is in 2019, while most Article 5 Parties will start their phase-down in 2024.
• Article 4 of the Montreal Protocol includes non-party trade rules: These prohibit or restrict countries which are party to the Protocol from trading in controlled substances with countries not party to the Protocol. By doing so, they aim at maximising participation in the Protocol. The provisions were applied originally to the initial groups of ODSs and have been extended over time to include the additional groups of substances included in the Protocol in successive amendments.
• Parties to the Montreal Protocol:
  • adopt procedures for determining measures of non-compliance and for treating Parties found to be in non-compliance;
  • assess every 4 years, since 1990, implementation of the control measures, including the possibility of adding or removing substances from the banned lists;
  • have annual reporting obligations on each of the controlled substances. The data must be provided to the Protocol’s Secretariat;
  • cooperate to promote relevant best technologies, control strategies and possible alternatives to the substances;
  • promote technical assistance to help non-Party countries participate in and implement the protocol;
  • hold regular meetings which are serviced by the secretariat;
  • provide the funds for the operation of the Protocol, including for the functioning of the secretariat;
  • may notify their intention to withdraw from the Protocol under the conditions specified in Article 19.