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 XX/3: Essential-use exemptions for Parties operating under paragraph 1 of Article 5

Mindful of the impending 2010 phase-out of certain controlled substances in Parties operating under paragraph 1 of Article 5,

Desiring to implement effectively paragraph 7 of decision IV/25 and make the currently used essential-use exemption process and related decisions fully applicable to both Parties operating under paragraph 1 of Article 5, subject to the phase-out dates applicable to those Parties, and Parties not so operating,

Taking into consideration that some Parties operating under paragraph 1 of Article 5 may prepare essential-use nominations for the first time and may therefore face difficulties in doing so,

  1. To make the following modifications to the decisions noted below:
    1. To remove reference to the term “not operating under Article 5” or, “for non‑Article 5 Parties” from the following titles and provisions of the following past decisions of the Parties:
      1. Title of decisions VIII/9, VIII/10, VIII/11, XI/14, XVII/5, XVIII/7, XIX/13;
      2. Decision VIII/10, first line of paragraphs 1–9;
      3. Decision XV/5, paragraphs 2, 3, 5(a) and 6;
      4. Decision XVIII/7, paragraphs 2 and 3;
      5. Decision XVIII/16, first line of paragraph 7;
    2. To remove reference to the term “not operating under Article 5 of the Montreal Protocol” from the following titles and provisions of the following past decisions of the Parties:
      1. Decision XVII/5, paragraph 2;
      2. Decision XIX/13, paragraphs 2 and 3;
    3. To remove and replace reference to the date “1996” with the term “phase-out” in the following provisions of past decisions of the Parties:
      1. Decision XVII/5, paragraph 2;
      2. Decision XVIII/7, paragraph 2;
      3. Decision XIX/13, paragraph 2;
    4. To add a new paragraph after paragraph 3 of decision XVII/5 to read as follows:
      3 bis With reference to paragraph 6 of decision XV/5, to request that Parties operating under paragraph 1 of Article 5 of the Montreal Protocol submit a date to the Ozone Secretariat prior to the Twenty-Second Meeting of the Parties, by which time a regulation or regulations to determine the non‑essentiality of the vast majority of chlorofluorocarbons for metered-dose inhalers where the active ingredient is not solely salbutamol will have been proposed;
    5. To add a new paragraph after paragraph 5 of decision IX/19 to read as follows:
      5 bis. To require Parties operating under paragraph 1 of Article 5 submitting essential-use nominations for chlorofluorocarbons for metered-dose inhalers for the treatment of asthma and chronic obstructive pulmonary disease to present to the Ozone Secretariat an initial national or regional transition strategy by 31 January 2010 for circulation to all Parties. Where possible, Parties operating under paragraph 1 of Article 5 are encouraged to develop and submit to the Secretariat an initial transition strategy by 31 January 2009. In preparing a transition strategy, Parties operating under paragraph 1 of Article 5 should take into consideration the availability and price of treatments for asthma and chronic obstructive pulmonary disease in countries currently importing chlorofluorocarbon-containing metered-dose inhalers;
    6. To add a new paragraph after paragraph 2 of decision XII/2 to read as follows:
      2 bis. That any chlorofluorocarbon metered-dose inhaler product approved after 31 December 2008, excluding any product in the process of registration and approved by 31 December 2009, for treatment of asthma and/or chronic obstructive pulmonary disease in a Party operating under paragraph 1 of Article 5, is not an essential use, unless the product meets the criteria set out in paragraph1 (a) of decision IV/25;
    7. To add a new paragraph after paragraph 4 of decision XV/5 to read as follows:
      4 bis. That no quantity of chlorofluorocarbons for essential uses shall be authorized after the commencement of the Twenty-First Meeting of the Parties if the nominating Party operating under paragraph 1 of Article 5 has not submitted to the Ozone Secretariat, in time for consideration by the Parties at the twenty-ninth meeting of the Open-ended Working Group, a preliminary plan of action regarding the phase-out of the domestic use of chlorofluorocarbon‑containing metered-dose inhalers where the sole active ingredient is salbutamol;
  2. That both the Parties submitting nominations for essential-use exemptions and the Technology and Economic Assessment Panel reviewing nominations for essential-use exemptions shall consider the decisions noted above in their amended form when considering essential-use nominations in 2009 and beyond, subject to any further future decisions of the Parties;
  3. To request the Secretariat to include the changes above in the relevant decisions of the Parties contained in the Montreal Protocol handbook at the time of its next revision, and to note in that handbook that the related decisions include the modifications adopted by the present decision;
  4. To request the Technology and Economic Assessment Panel to reflect paragraphs 1–3 above in a revised version of the handbook on essential-use nominations and to submit, for consideration by Parties, suggestions for any appropriate changes to the handbook and the timing to make such changes;