The Montreal Protocol on Substances that Deplete the Ozone Layer

The Montreal Protocol on Substances that Deplete the Ozone Layer is a global agreement to protect the Earth’s ozone layer by phasing out the chemicals that deplete it. This phase-out plan includes both the production and consumption of ozone-depleting substances. The landmark agreement was signed in 1987 and entered into force in 1989.

The parties to the Protocol meet once a year to make decisions aimed at ensuring the successful implementation of the agreement. These include adjusting or amending the Protocol, which has been done six times since its creation. The most recent amendment, the Kigali Amendment, called for the phase-down of hydrofluorocarbons (HFCs) in 2016. These HFCs were used as replacements for a batch of ozone-depleting substances eliminated by the original Montreal Protocol. Although they do not deplete the ozone layer, they are known to be powerful greenhouse gases and, thus, contributors to climate change.

The Montreal Protocol provided a set of practical, actionable tasks that were universally agreed on. The Protocol has successfully met its objectives thus far and continues to safeguard the ozone layer today. Thanks to the collaborative effort of nations around the world, the ozone layer is well on its way to recovery.

Decision XVII/32: Non-compliance with the Montreal Protocol by Federated States of Micronesia

The Seventeenth Meeting of the Parties decided in Dec. XVII/32:

  1. To note that Federated States of Micronesia ratified the Montreal Protocol on 6 September 1995 and the London, Copenhagen, Montreal and Beijing amendments on 27 November 2001, is classified as a Party operating under paragraph 1 of Article 5 of the Protocol and had its country programme approved by the Executive Committee of the Multilateral Fund for the Implementation of the Montreal Protocol in March 2002. The Executive Committee has approved $74,680 from the Multilateral Fund to enable the Party’s compliance in accordance with Article 10 of the Protocol;
  2. To note further that the Federated States of Micronesia has reported annual consumption of the controlled substances in Annex A, group I (CFCs), for 2002, 2003 and 2004 of 1.876, 1.691 and 1.451 ODP-tonnes respectively, which exceed the Party’s maximum allowable consumption level of 1.219 ODP-tonnes for those controlled substances in each of those years, and that Federated States of Micronesia is therefore in non-compliance with the control measures under the Protocol;
  3. To note with appreciation Federated States of Micronesia’s submission of a plan of action to ensure a prompt return to compliance with the Protocol’s CFC control measures and to note that, under the plan, without prejudice to the operation of the financial mechanism of the Protocol, Federated States of Micronesia specifically commits itself:
    1. To reduce consumption of the controlled substances in Annex A, group I (CFCs), from 1.451 ODP-tonnes in 2004 as follows:
      1. To 1.351 ODP-tonnes in 2005;
      2. To phase out consumption of the controlled substances in Annex A, group I (CFCs), by 1 January 2006, save for essential uses that may be authorized by the Parties;
    2. To introduce a system for licensing imports and exports of ozone-depleting substances, including a quota system, by 1 January 2006;
  4. To note that the measures listed in paragraph 3 above should enable Federated States of Micronesia to return to compliance in 2006, and to urge Federated States of Micronesia to work with the relevant implementing agencies to implement the plan of action and phase out consumption of the controlled substances in Annex A, group I (CFCs);
  5. To monitor closely the progress of Federated States of Micronesia with regard to the implementation of its plan of action and the phase-out of the controlled substances in Annex A, group I (CFCs). To the degree that the Party is working towards and meeting the specific Protocol control measures, it should continue to be treated in the same manner as a Party in good standing. In that regard, Federated States of Micronesia should continue to receive international assistance to enable it to meet those commitments in accordance with item A of the indicative list of measures that may be taken by a Meeting of the Parties in respect of non-compliance. Through the present decision, however, the Parties caution Federated States of Micronesia, in accordance with item B of the indicative list of measures, that, in the event that it fails to remain in compliance, the Parties will consider measures consistent with item C of the indicative list of measures. Those measures may include the possibility of actions available under Article 4, such as ensuring that the supply of the controlled substances in Annex A, group I (CFCs), that are the subject of non-compliance is ceased so that exporting Parties are not contributing to a continuing situation of non-compliance.