Skip to main content

Decision XXXI/3: Unexpected emissions of CFC 11 and institutional processes to be enhanced to strengthen the effective implementation and enforcement of the Montreal Protocol

Recalling decision XXX/3 on unexpected emissions of trichlorofluoromethane (CFC‑11), in particular the mandate therein to the Scientific Assessment Panel to provide additional information in that regard to the parties in 2020,

Recalling also decision XIV/7 on monitoring of trade in ozone-depleting substances and preventing illegal trade in ozone-depleting substances, in paragraph 7 of which parties were requested to report information on illegal trade to the Ozone Secretariat,

Taking into account information provided by the Technology and Economic Assessment Panel and the Scientific Assessment Panel on the emissions of CFC‑11 and their likely sources, and that parties remain concerned about the implications of those emissions for the ozone layer,

Taking note of the report on the International Symposium on the Unexpected Increase in Emissions of Ozone-depleting CFC‑11, held in March 2019,

Taking note also of document UNEP/OzL.Pro/ExCom/83/38 on current monitoring, reporting, verification and enforceable licensing and quota systems, referred by the Executive Committee of the Multilateral Fund to the parties for their consideration,

Expressing appreciation for the information that parties have provided to the Technology and Economic Assessment panel, to the Open-Ended Working Group at its forty-first meeting, and to the Thirty-First Meeting of the Parties to assist with further analysis of the unexpected emissions of CFC‑11, in particular the information contained in document UNEP/OzL.Pro.31/INF/9,

Taking note of the document on possible ways of dealing with illegal production of and illegal trade in controlled substances under the Montreal Protocol, as set out in annex II to the report of the Implementation Committee under the Non-Compliance Procedure for the Montreal Protocol at its sixty-third meeting,[1]

  1. To request any party that becomes aware of information on CFC‑11 emissions that indicates that the party has exceeded its maximum-allowed level of production or consumption of CFC‑11 to submit to the Secretariat without undue delay a description of the specific circumstances that it considers to be the cause of the unexpected CFC‑11 emissions;
  2. To remind parties to update their Article 7 reports if they become aware of new data;
  3. To remind parties, consistent with paragraph 1 of decision XXII/20, to report all production of controlled substances, whether intended or not intended, to enable the calculation of production and consumption in accordance with Article 3 of the Protocol;
  4. To encourage parties to take steps to ensure that controlled substances produced for feedstock are not directed towards non-feedstock purposes or for the illegal production of CFC‑11;
  5. To encourage all parties to take action to discover and prevent the illegal production, import, export and consumption of controlled substances by:
    1. Implementing the Montreal Protocol obligations in a manner that is effective in discovering and preventing illegal production of controlled substances;
    2. Considering national prohibitions, as appropriate, on the use of controlled substances either prior to or after their phase-out;
    3. Reporting fully proved cases of illegal trade in controlled substances to the Ozone Secretariat in order to facilitate an exchange of information;
    4. Reporting to the Ozone Secretariat on how significant cases of illegal production, import, export or consumption have been addressed and to their best knowledge what were the causes, in order to facilitate an exchange of information;
  6. To remind parties to ensure that any imports and exports of controlled substances for feedstock and exempted uses are included in licensing systems;
  7. To request the Technology and Economic Assessment Panel to provide the parties with an update to the information provided pursuant to paragraph 2 of decision XXX/3, and to provide a report thereon to the Thirty-Second Meeting of the Parties, including any new compelling information that becomes available, as well as providing information on the following:
    1. An analysis of CFC‑11 banks by geographic location and by market sector;
    2. Linkages between the level of production of anhydrous hydrogen fluoride and carbon tetrachloride and unexpected emissions of CFC‑11;
    3. The types of CFC‑11 products, the disposition of any such products, and opportunities and methods to detect such products and potentially recover the associated CFC‑11;
    4. Identification of possible drivers of illegal production of and trade in CFC‑11, such as the availability of technically and economically feasible alternatives to CFC‑11 and HCFC-141b and their sustained effectiveness;
  8. To request the Scientific Assessment Panel to work with the Ozone Research Managers at their meeting in 2020 to identify gaps in the global coverage of atmospheric monitoring of controlled substances and to provide options on ways to enhance such monitoring, as well as exploring options for informing the parties of preliminary information indicating unexpected emissions of controlled substances, for the consideration of the Thirty-Second Meeting of the Parties to the Montreal Protocol and the Conference of Parties to the Vienna Convention at its twelfth meeting, in 2020;
  9. To invite parties to provide to the Ozone Secretariat, as soon as possible, any available CFC‑11 atmospheric monitoring data that are relevant to the unexpected CFC‑11 emissions, and to request the Secretariat to make that data available to the parties.

[1] UNEP/OzL.Pro/ImpCom/63/6.