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 XXXVI/16: Non-compliance in 2021 with the provisions of the Montreal Protocol on Substances that Deplete the Ozone Layer governing consumption and production of the controlled substances in Annex C, Group I (hydrochlorofluorocarbons), by the Democratic People’s Republic of Korea

The Thirty-Sixth Meeting of the Parties,

Recalling decision XXXII/6, in which the Thirty-Second Meeting of the Parties noted that the Democratic People’s Republic of Korea was in non-compliance with the Montreal Protocol on Substances that Deplete the Ozone Layer control measures for hydrochlorofluorocarbon production and consumption in 2019, but also noted with appreciation the plan of action submitted by the party to ensure its return to compliance with those measures in 2023,

Noting with concern that the Democratic People’s Republic of Korea reported, for 2021, annual production of 24.81 ozone-depleting-potential tonnes (ODP-tonnes) of hydrochlorofluorocarbons and annual consumption of 58.03 ODP-tonnes of hydrochlorofluorocarbons, which is higher than its commitment, as set out in decision XXXII/6, to reduce its production and consumption of hydrochlorofluorocarbons to no greater than 24.80 ODP‑tonnes and 58.00 ODP-tonnes, respectively,

Recalling decision XXXV/18 and recommendations 68/4, 69/4, 70/2 and 72/3 of the Implementation Committee under the Non-Compliance Procedure for the Montreal Protocol,

Noting that the Democratic People’s Republic of Korea submitted all outstanding Article 7 data for 2022 in accordance with its data reporting obligations under Article 7 of the Montreal Protocol, confirming that the party had adhered to its commitments contained in the plan of action to return to compliance, as set out in decision XXXII/6,

Noting also, however, that the Democratic People’s Republic of Korea has not reported its annual consumption data for controlled substances for 2023 in accordance with Article 7, paragraph 3, of the Montreal Protocol,

Decides:

  1. To note with concern that the Democratic People’s Republic of Korea did not strictly adhere to its commitments for 2021, as set out in its plan of action to return to compliance contained in decision XXXII/6, and that the party was in non‑compliance with control measures for that substance under the Montreal Protocol on Substances that Deplete the Ozone Layer for 2021;
  2. To express serious concern regarding the fact that, despite several requests by the Implementation Committee under the Non-Compliance Procedure for the Montreal Protocol in its recommendations 68/4, 69/4, 70/2 and 72/3 and repeated reminders by the Ozone Secretariat, the party has not yet provided an explanation for the deviations mentioned in paragraph 1 above and has not submitted a revised plan of action, if appropriate, to ensure its return to compliance with the control measures of the Montreal Protocol for hydrochlorofluorocarbons in 2023, along with a progress report on the establishment of additional national policies facilitating the phase‑out of hydrochlorofluorocarbons that might include, but would not be limited to, bans on imports, on production or on new installations, along with certification of refrigeration technicians and companies, as set out in its plan of action to return to compliance contained in decision XXXII/6;
  3. To note with concern that the Democratic People’s Republic of Korea has not reported its 2023 data as required under Article 7, paragraph 3, of the Montreal Protocol, and that this places the party in non-compliance with its 2023 data reporting obligations under the Montreal Protocol until such time as the Ozone Secretariat receives its outstanding data, as is also noted in paragraph 3 of decision XXXVI/13;
  4. To urge the Democratic People’s Republic of Korea to provide an explanation for the deviations, together with Article 7 data for 2023, as a matter of urgency, and by no later than 31 March 2025, and, if appropriate, to submit a revised plan of action to ensure its return to compliance with the control measures of the Montreal Protocol for hydrochlorofluorocarbons in 2023, for consideration by the Implementation Committee at its seventy-fourth meeting;
  5. To also urge the Democratic People’s Republic of Korea to submit a progress report on efforts to establish additional national policies facilitating the phase-out of hydrochlorofluorocarbons that might include, but would not be limited to, bans on imports, on production or on new installations, along with certification of refrigeration technicians and companies, for consideration by the Implementation Committee at its seventy-fourth meeting, as set out in paragraph 5 of decision XXXII/6;
  6. To invite the Democratic People’s Republic of Korea to send a representative to the Committee’s seventy-fourth meeting unless the party has, prior to the meeting, provided the information referred to in paragraphs 3 to 5 above;
  7. To caution the Democratic People’s Republic of Korea, in accordance with item B of the indicative list of measures that may be taken by the Meeting of the Parties in respect of non‑compliance, that if the Democratic People’s Republic of Korea fails to return to 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 of the Montreal Protocol, such as ensuring that the supply of hydrochlorofluorocarbons, the substances that are the subject of non‑compliance, is ceased so that exporting parties do not contribute to a continuing situation of non‑compliance;
  8. To continue to monitor closely the progress made by the Democratic People’s Republic of Korea in implementing its plan of action and obligations under the Montreal Protocol.