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 XXVI/8: Measures to facilitate the monitoring of trade in hydrochlorofluorocarbons and substituting substances

Recalling decisions IX/22, X/18 and XI/26 concerning customs codes for ozone-depleting substances and collaboration between the Ozone Secretariat and the World Customs Organization in that regard,

Recalling also decisions of the Meeting of the Parties aimed at the prevention of illegal trade in ozone-depleting substances, in particular decisions XIV/7, XVI/33, XVII/16, XVIII/18 and XIX/12,

Noting that, despite limitations on hydrochlorofluorocarbon (HCFC) consumption resulting from the provisions of the Montreal Protocol, more than 1 million tonnes of HCFCs are still traded globally and the illegal trade in HCFCs may disturb the process of phasing out those substances,

Noting also that in international trade HCFCs are replaced by alternative substances, which include hydrofluorocarbons (HFCs), and that the quantity of HFCs traded globally is expected to grow,

Recognizing that the existing Harmonized Commodity Description and Coding System (Harmonized System) code for HFCs is not HFC-specific and covers other non-ozone-depleting chemicals, which makes it difficult for customs authorities to recognize the illegal nature of the relevant import or export of HCFCs if declared as HFCs,

Mindful of the importance of a dedicated customs classification of goods for the prevention of illegal trade and of the positive impact in that regard of the new Harmonized System classification for HCFCs approved by the World Customs Organization, which entered into force in January 2012, and the new Harmonized System classification for mixtures containing, inter alia, HCFCs and HFCs or perfluorocarbons, which became effective at an earlier date,

Mindful also that World Customs Organization rules require that any application for amending a Harmonized System classification must be made several years in advance,

  1. To request the Ozone Secretariat to liaise with the World Customs Organization to examine the possibility of designating individual Harmonized System codes for the most commonly traded fluorinated substitutes for HCFCs and chlorofluorocarbons (CFCs) classified under Harmonized System code 2903.39, explaining thereby the importance of a dedicated customs classification for those substances for the sole purpose of preventing the illegal trade in HCFCs and CFCs, and to communicate to the parties the results of those consultations as soon as possible, but not later than at the thirty-sixth meeting of the Open-ended Working Group, to be held in 2015;
  2. To encourage parties that are contracting parties to the International Convention on the Harmonized Commodity Description and Coding System to undertake at their earliest convenience the necessary steps, following World Customs Organization procedures, to recommend the consideration of the customs classifications referred to in paragraph 1 of the present decision;
  3. To encourage parties that are in a position to do so to consider establishing, on a voluntary basis, domestic customs codes for those substitutes referred to in paragraph 1;