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 XIX/21: Non-compliance in 2005 with the provisions of the Montreal Protocol governing production of the controlled substances in Annex A, group I, (chlorofluorocarbons) and the requirements of Article 2 of the Protocol with regard to the transfer of CFC production rights by Greece

Noting that Greece ratified the Montreal Protocol on 29 December 1988, the London Amendment on 11 May 1993, the Copenhagen Amendment on 30 January 1995, the Montreal Amendment on 27 January 2006 and the Beijing Amendment on 27 January 2006 and is classified as a Party not operating under paragraph 1 of Article 5 of the Protocol,

Noting also that Greece has reported annual production for the Annex A, group I, controlled substances (CFCs) of 2,142.000 ODP-tonnes for 2005 to meet the basic domestic needs of Parties operating under Article 5 of the Protocol, which exceeds the Party’s maximum allowable production level for those controlled substances of 730 ODP-tonnes,

Noting with appreciation the explanation submitted by the Party that 1,374 ODP-tonnes of its excess production of CFCs is attributable to a transfer of CFC production allowances from the UnitedKingdom of Great Britain and Northern Ireland to Greece in 2005,but noting with concern that Greece did not notify the Secretariat prior to the date of the transfer in accordance with the requirements of Article 2 of the Protocol,

Noting also the explanation submitted by Greece that the 38 ODP-tonnes of total reported CFC production in 2005 that was not accounted for by the transfer of production allowances reflected the Party’s misunderstanding as to the calculation of its baseline for the production of CFCs to meet the basic domestic needs of Parties operating under Article 5 of the Protocol and data reporting errors by the Party for the baseline year 1995,

Noting further the information submitted by Greece in support of its request to revise the data for the year 1995 that is used to calculate the Party’s baseline for the production of CFCs to meet the basic domestic needs of Parties operating under Article 5 of the Protocol,

Recalling recommendation 39/16 of the Implementation Committee under the Non‑compliance Procedure of the Montreal Protocol, which concluded that the information submitted by Greece did not meet the requirements of decision XV/19 of the Fifteenth Meeting of the Parties for substantiating requests for the revision of baseline data, primarily because the Party could not verify the accuracy of the proposed new baseline data as required by paragraph 2(a)(iii) of decision XV/19,

Noting with appreciation, however, that Greece ceased CFC production in January 2006, will not issue licenses to produce CFCs in the future and reported ozone-depleting substances data for 2006 that confirms its return to compliance with the Protocol’s CFC production control measures in that year,

  1. That Greece was in non‑compliance in 2005 with the provisions of Article2 of the Protocol that prescribe the procedure for the transfer of production rights, while acknowledging the Party’s regret at its failure to comply with the notification requirement of Article 2 and its undertaking to ensure that any future transfers are conducted in accordance with that Article;
  2. That Greece was also in non‑compliance in 2005 with the production control measures under the Montreal Protocol for the controlled substances contained in Annex A, group I, (CFCs) of the Protocol;
  3. To monitor whether the Party continues to refrain from producing CFCs. To the degree that the Party is working toward and meeting the specific Protocol control measures, it should continue to be treated in the same manner as a Party in good standing;
  4. To caution Greece in accordance with item B of the indicative list of measures that may be taken by a Meeting of the Parties in respect of non-compliance 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 action available under Article4 of the Protocol;