MONTREAL PROTOCOL and LEGISLATION about OZONE DEPLETION

In 1985 the Vienna Convention established mechanisms for international co-operation in research into the ozone layer and the effects of ozone depleting chemicals (ODCs). 1985 also marked the first discovery of the Antarctic ozone hole. On the basis of the Vienna Convention, the Montreal Protocol on Substances that Deplete the Ozone Layer was negotiated and signed by 24 countries and by the European Economic Community in September 1987. The Protocol called for the Parties to phase down the use of CFCs, halons and other man-made ODCs.

The Montreal Protocol represented a landmark in the international environmentalist movement. For the first time whole countries were legally bound to reducing and eventually phasing out altogether the use of CFCs and other ODCs. Failure to comply was accompanied by stiff penalties. The original Protocol aimed to decrease the use of chemical compounds destructive to ozone in the stratosphere by 50% by the year 1999. The Protocol was supplemented by agreements made in London in 1990 and in Copenhagen in 1992, where the same countries promised to stop using CFCs and most of the other chemical compounds destructive to ozone by the end of 1995. Fortunately, it has been fairly easy to develop and introduce compounds and methods to replace CFC compounds.

In order to deal with the special difficulties experienced by developing countries it was agreed that they would be given an extended period of grace, so long as their use of CFCs did not grow significantly. China and India, for example, are strongly increasing the use of air conditioning and cooling devices. Using CFC compounds in these devices would be cheaper than using replacement compounds harmless to ozone. An international fund was therefore established to help these countries introduce new and more environmentally friendly technologies and chemicals. The depletion of the ozone layer is a worldwide problem which does not respect the frontiers between different countries. It can only be affected through determined international co-operation.

The Timetable

Montreal Protocol (1987)
CFCs (11, 12, 113, 114, 115): Phase down 1986 levels by 20% by 1994; 50% by 1999.

London Amendment (1990)
CFCs 13, 111, 112, 211, 212, 213, 214, 215, 216, 217: Phase down 1989 levels 20% by 1993; 85% by 1997; 100% by 2000.
Halons (1211, 1301, 2402): Phase down 1986 levels 50% by 1995; 100% by 2000.
Carbon Tetrachloride: Phase down 1989 levels 85% by 1995; 100% by 2000.

Copenhagen Amendment (1992)
CFCs: phase out by 1995
Halons: phase out by 1993
Carbon Tetrachloride: phase out by 1995
HCFCs: phase down 1989 levels 35% by 2004; 90% by 2019; 100% by 2029.

The Montreal Protocol has been further adjusted in Vienna (1995), Montreal (1997) and most recently in Beijing (1999). The Beijing Amendment (1999) has introduced a freezing of HCFC production by 2003.

LEGISLATION

Under the terms of the Montreal Protocol developed nations have ceased production of new CFCs, halons and other ozone depleting chemicals (ODCs) to protect the ozone layer. Trade controls on the supply of these substances have been put in place to ensure compliance with the Protocol. Existing CFCs are re-used and recycled where possible. Nevertheless, the increasing price of CFCs as a result of the ban on new production has led to a wave of international smuggling.

Usually, when ozone-depleting substances are discarded or removed from equipment during the course of maintenance they become controlled waste. In Britain, the 1990 Environmental Protection Act ensured that waste chemicals which may contribute to stratospheric ozone depletion are disposed of as carefully as possibly to avoid any release to the atmosphere.

The production and consumption of new halons (ODCs containing bromine) has already ceased under the terms of the Montreal Protocol. However, whilst replacements have been developed these cannot be used in existing systems, which can only be maintained with recycled halons using surplus material from redundant installations. In the UK the Halon Users’ National Consortium (HUNC) is managing the installed banks of halons, acting as a clearing house putting those who need to continue to use halons in contact with those who do not.

The Montreal Protocol and subsequent London and Copenhagen Amendments have demanded that existing CFCs should be recovered, recycled and re-used where possible. In the UK commercial users of refrigeration and air conditioning appliances can contact the Refrigeration Industry Board to ensure that best industrial practice is maintained during the disposal or re-use of CFCs. Domestic users of old refrigerators can contact their local authority to find out if it operates a CFC recovery and recycling scheme.

The Montreal Protocol works through a system of trade barriers controlling supply to the market of ozone depleting chemicals. Imports of newly produced CFCs and halons by developed countries have already been banned, as have imports and exports in the ODCs carbon tetrachloride and 1,1,1 trichloroethane. Developing countries have been granted a period of grace to comply with the Montreal Protocol, to avoid undue stresses on their growing economies.

As a result of the decline in the production and use of CFCs, and the continuation of CFC production in developing countries (allowed under the provisions of the Montreal Protocol until 2010), the lure of illegal trade in CFCs is obvious. Significant volumes of illegal imports of CFCs into Western Europe have been reported, even though production in Western Europe ceased at the end of 1994. Unfortunately, the Montreal Protocol currently does not require Parties (countries) to implement controls against illegal trade, although they have been urged to install verification programs to reduce illegal trade in ODCs.