Skip to main content

Decision XIX/12: Preventing illegal trade in ozone-depleting substances

Acknowledging the need for action to prevent and to minimize illegal trade in controlled ozone‑depleting substances and the importance of this issue in continuing discussions on the future of the Protocol,

Mindful of decision XVIII/18, which requested the Parties to provide written comments on the report entitled “ODS Tracking Feasibility Study on developing a system for monitoring the transboundary movement of controlled ozone-depleting substances between Parties” and requested the Ozone Secretariat to provide a compilation of such comments to the Nineteenth Meeting of the Parties in 2007,

Noting with appreciation the comments of the Parties on the medium- and longer‑term options put forward in the tracking feasibility study,

Noting that there are other initiatives that could be used in the monitoring of the transboundary movements of controlled ozone-depleting substances between Parties,

Acknowledging that an important first step toward effective monitoring of transboundary movements of ozone-depleting substances between Parties would be better implementation and enforcement of existing mechanisms,

Acknowledging the initiative to attempt to combat illegal trade through informal prior informed consent by countries in the South Asian and South East Asia and Pacific regions and implementation of Project Sky Hole Patching by the Regional Intelligence Liaison Office of the World Customs Organization,

Recognizing the benefits of transparency and information sharing on measures established by Parties to combat illegal trade,

Noting that action relevant to trade in ozone-depleting substances may occur in other forums such as the World Customs Organization,

  1. To remind all Parties of their obligation under Article 4B of the Protocol to establish an import and export licensing system for all controlled ozone-depleting substances;
  2. To urge all Parties to fully and effectively implement and actively enforce their systems for licensing the import and export of controlled ozone‑depleting substances as well as recommendations contained in existing decisions of the Parties, notably decisions IX/8, XIV/7, XVII/12, XVII/16 and XVIII/18;
  3. That Parties wishing to improve implementation and enforcement of their licensing systems in order to combat illegal trade more effectively may wish to consider implementing domestically on a voluntary basis the following measures:
    1. Sharing information with other Parties, such as by participating in an informal prior informed consent procedure or similar system;
    2. Establishing quantitative restrictions, for example import and/or export quotas;
    3. (c) Establishing permits for each shipment and obliging importers and exporters to report domestically on the use of such permits;
    4. Monitoring transit movements (trans-shipments) of ozone-depleting substances, including those passing through duty-free zones, for instance by identifying each shipment with a unique consignment reference number;
    5. Banning or controlling the use of non-refillable containers;
    6. Establishing appropriate minimum requirements for labelling and documentation to assist in the monitoring of trade of ozone-depleting substances;
    7. Cross-checking trade information, including through private-public partnerships;
    8. Including any other relevant recommendations from the ozone-depleting substances tracking study;
  4. To request the Ozone Secretariat to continue to collaborate with the World Customs Organization in relation to possible actions by Parties on any new amendments to the Harmonized Commodity Description and Coding System with respect to ozone‑depleting substances and to report to the Meeting of the Parties on actions taken at the World Customs Organization.