INTERNATIONAL TREATIES AND EU REGULATIONS
FOR THE PROTECTION OF THE OZONE LAYER
D.Maragos, President of the Hellenic Association of Chemical Industries,
23, Lagoumitzi av., 176 71 Kallithea-Athens,
Tel.+30.1.32.37.325, Fax. +30.1.32.22.929,
e-mail : haci@ath.forthnet.gr
Introduction
The ozone layer absorbs a part of the harmful ultraviolet – B radiation from the sun. As a result of the discovery of the
Antarctic ozone hole in 1985, governments recognized the need for measures to reduce the production and consumption
of a number of substances that deplete the ozone layer, as the CFCs and the Halons. The Montreal Protocol was
designed so that the phase-out schedules could be revised on the basis of periodic scientific and technological
assessments. Following such assessments, the Protocol was adjusted to accelerate the phase-out schedules in London in
1990, Copenhagen in 1992, Vienna in 1995 and Montreal in 1997. It has been also amended to introduce other kinds of
control measures and to add new controlled substances. The 1990 London Amendment included additional CFCs and
two solvents, while the 1992 Copenhagen Amendment added among others methyl bromide. The Montreal Amendment
of 1997 finalized the schedules of phase-out for methyl bromide. Most governments have actually ratified the Protocol.
As of May 1999, the Protocol had been ratified by 168 countries.
The phase-out schedules for developed countries provide: Phase out Halons by 1994, Phase out CFCs, carbon
tetrachloride, methyl chloroform by 1996; Reduction of methyl bromide by 25% by 1999, 50% by 2001, 70% by 2003,
and phase out by 2005. Developing countries have a grace period before they start their phase-out schedules. A financial
mechanism established under the Montreal Protocol in June 1990. It pays the incremental costs incurred by developing
countries in phasing out their consumption and production of ozone-depleting substances. The Multilateral Fund has
dispensed for the period 1991-1999 some $903 million for projects implemented in developing countries.
Control measures are based on an integrated assessment of science, economics, and technology.
The European Union incorporated the Montreal Protocol in its regulatory frameword with the Regulations 541/91 and
3093/94 which provide stricker measures than those in the Montreal Protocol. The latest is actually under revision. A
number of industrial branches as the refrigeration, plastic foams, the solvents, the aerosols as far as the agriculture are
affected by the control measures. They have to replace the controlled substances by alternatives (substitutes).
The Montreal Protocol
The conclusion in 1985 of the Vienna Convention for the Protection of the Ozone Layer, followed in 1987 by the
Montreal Protocol, was the starting point of the global cooperation for the protection of the ozone layer in the
stratosphere. A Handbook edited by the Ozone Secretariat contains all the related documents. Part I of the Handbook
reproduces the texts of the treaties for the protection of the ozone layer : the Vienna Convention and the Montreal
Protocol as subsequently amended and adjusted. A summary of the control measures for ozone-depleting substances, the
latest status of ratification of the treaties and amendments, and the rules of procedure of conferences and meetings of the
Parties are also included. Part II of the Handbook, deals with the operation of the regime established by the Vienna
Convention and the Montreal Protocol. It reprints the decisions of the Parties to each of these agreements taken at the
meetings, indexed by meeting ant listed by topic. Procedures (for destruction technologies, essential use exemptions,
assessment panels, non-compliance, the operation of the Multilateral Fund, and financial matters) adopted as appendices
to or consequently upon the decisions follow. Also included are the various declarations and statements that all or some
of the Parties have issued at particular meetings. Part III of the Handbook is a brief guide to sources of further
information : lists of contacts and relevant publications. Part IV of the Handbook is of use to those interested in the
evolution of the ozone regime, and also to those who need to understand the control schedules applicable to Parties who
have not yet ratified either or both of the amendments to the Montreal Protocol.
How the Montreal Protocol works
The Montreal Protocol is in fact more than an international Treaty. It is an organization. The Ozone Secretariat,
established under these treaties, functions in accordance with Article 7 of the Vienna Convention and Article 12 of the
Montreal Protocol. It is based at the UNEP offices in Nairobi, Kenya. Its main duties include :
1. Arranging for and servicing the Conference of the Parties, Meetings of the Parties, their Committees, Burea
Working Groups and Assessment Panels.
2. Arranging for implementing the decisions of these meetings.
3. Monitoring the implementation of the Convention and the Protocol; Report to the meeting of the Parties and the
implementation committee.
4. Representing the Concention and the Protocol in the relevant international bodies.
5. Providing information.
The Multilateral Fund
In creating the Multilateral Fund the Parties to the Montreal Protocol established a new and distinctive approach to
solving global environmental problems. Key elements of this approach are :
 common but differentiated responsibilities for developed and developing countries,
 a partnership between developed and developing countries based on equality rather than dependence.
 a dedicated environment fund with a specific mandate ant time frame.
The Parties to the Montreal Protocol broke new ground in their recognition of the importance of developing countries
the race to save the ozone layer. Only through the active participation of all countries could the emission of ODS be
eliminated. Industrialized countries, which were the major source of ODS, recognized their responsibility to assist
developing countries in meeting the financial and technological costs of adhrence to the Protocol. In addition, it was
agreed the developing countries would have a ten year grace period, with complete phase-out targeted for 2010, thus
avoiding impediments to needed development and providing a further incentive to encourage ratification.
Under the Protocol countries are classified in two categories which roughly correspond to developed and developing
countries. The latter group is more precisely defined in Article 5 (1) of the Protocol as those Parties whose annual per
capital consumption of controlled substances is less than 0.3 kilograms. These countries are referred to as Article 5
countries and are the ones that are eligible for assistance through the Fund. Non-article 5 countries are responsible for
financing the Fund, based on the United Nations scale of assessment.
Since the Fund was established, over 1000 activities in 102 Article 5 countries have been approved. The assistance
funded includes country programme preparation to identify the needs of Article 5 countries, the facilitation of technical
cooperation to meet those needs, the dissemination of information and training, the facilitation and monitoring of
opportunities for bilateral and regional coopoeration and the financing of investment projects.
The OzonAction Programme
Since June 1991, UNEP IE΄s OzonAction Programme under the Multilateral Fund for the Implementation of the
Montreal Protocol has been designing, developing and delivering quality-reviewed, need-based services for key
stakeholders in developing countries.
OzonAction in an enabling programme that strengthens the capacity of governments and industry in developing
countries to take informed decisions that will result in effective investment projects. The goal of the programme is to
built in local expertise required for the responsible management of ODS phase-out projects with minimal external
intervention.
UNEP΄s activities fall into the following main categories :
 “Clearinghouse” activities consisting of global information exchange and regional Networking of NOUs;
 Preparation of Country Programmes (CPs) and Refrigerant Management Plans (RMPs) and Institutional
Strengthening projects (IS), mainly for low-volume consuming countries (LVCs) ; and
 Country-specific support activities specified in the CPs and approved by the Executive Committee (e.g. national
training projects) as well as regional activities (e.g. development of regional training programmes and strategies).
UNEP is also an implementing agency under the Global Environment Facility (GEF). Since 1995, the OzonAction
Programme jointly with UNDP under the GEF has asisted Countries with Economies in Transition (CEITs) in
formulating their Country Programmes and in project development.
Information Exchange
Information Exchange helps build awareness and assists with identifying, sourcing, selecting and implementing
alternative technologies equipment and services. It also helps in understanding and designing policy instruments to
control ODS use and importation.
Training
Training is at a regional level and support is extended to national activities. It is aimed at building up skills to implement
phase-out activities.
Networking
Networking provides government ODS officers with a means of sharing their knowledge with peers in developing and
developed countries. ODS officers meet regularly to exchange information and seek collective solutions.
Training Tools
Country Programmes and Institutional strengthening Projects
Refrigerant Management Plans (RMPs)
EU Regulations
An international treaty as it is the convention and the Protocol must be incorporated into the legal framework of a
country before its implementation becomes obligatory. In the case of the Montreal Protocol and its amendment and
adjustments correspond the Regulations EC 594/91 and 3093/94. The latest which provides measures stricters than those
in the Protocol, is actually under revision.
Note
Most of presentation above has been derived from information contained in the UNEP web pages.