Decision XXXVII/10: Status of the establishment of licensing systems under Article 4B, paragraph 2 bis, of the Montreal Protocol on Substances that Deplete the Ozone Layer

The Thirty-Seventh Meeting of the Parties,

Noting that Article 4B, paragraph 2 bis, of the Montreal Protocol on Substances that Deplete the Ozone Layer requires each party to establish and implement a system for licensing the import and export of new, used, recycled and reclaimed controlled substances listed in Annex F to the Protocol,

Noting with appreciation that 162 of the 169 parties to the Montreal Protocol that have ratified, accepted or approved the Kigali Amendment to the Montreal Protocol have reported the establishment and operation of import and export licensing systems for Annex F controlled substances as required, and that four parties that have not yet ratified, accepted or approved the Kigali Amendment have also reported the establishment of such licensing systems,

Noting, however, that Djibouti and San Marino have not yet reported to the Ozone Secretariat on the establishment and operation of their licensing systems pursuant to Article 4B, paragraph 3,

Noting with concern that one of the parties mentioned above, namely San Marino, accepted the Kigali Amendment in 2020 but has not yet reported on the establishment and operation of a licensing system pursuant to Article 4B, paragraph 3,

Recognizing that licensing systems provide for data collection and verification, the monitoring of imports and exports of controlled substances and the prevention of illegal trade,

Recognizing also that the successful phase-out of most controlled substances by parties is largely attributable to the establishment and implementation of licensing systems to control the import and export of ozone-depleting substances,

Decides:

  1. To note with appreciation the efforts made by the parties in the establishment and operation of licensing systems for Annex F controlled substances under Article 4B, paragraph 2 bis, of the Montreal Protocol on Substances that Deplete the Ozone Layer;
  2. To urge Djibouti and San Marino to provide information to the Ozone Secretariat on the establishment and operation of their licensing systems as a matter of urgency, and no later than 31 March 2026, for consideration by the Implementation Committee under the Non‑Compliance Procedure for the Montreal Protocol at its seventy-sixth meeting;
  3. To invite San Marino to send a representative to the seventy-sixth meeting of the Implementation Committee unless the party reports, prior to the meeting, on the establishment and operation of its licensing system pursuant to Article 4B, paragraph 2 bis, of the Montreal Protocol;
  4. To urge all parties to the Montreal Protocol that ratify, accept or approve the Kigali Amendment to establish and implement their import and export licensing systems for controlled substances under Annex F to the Protocol within three months of the date of entry into force of the Kigali Amendment for each party and to report on the establishment and operation of such licensing systems to the Ozone Secretariat within three months of doing so;
  5. To request the Ozone Secretariat to periodically prepare and circulate to all parties a list of the parties that have reported to it on their licensing systems and to forward that information to the Implementation Committee for its consideration and with a view to enabling it to make appropriate recommendations to the parties, as called for in Article 4B, paragraph 4, of the Montreal Protocol.