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A CRIME AGAINST NATURE

Executive Summary  
Introduction  
Ozone Update  
Bursco Investigation  
Black Market  
Halon Trade  
Phase-out  
Action
Recommendations For Action


Multilateral Actions

1. Funding

  • Increased funding should be given to Article 5 countries and in particular China and India, to assist with the accelerated phase-out of ODS production and consumption. Funding must be linked to an assessment of the implementation and enforcement of phase-out.
2. Technology Transfer

  • Article 2 countries must step up efforts, through bilateral assistance and the multilateral fund, to ensure the transfer of the latest technologies for the production of alternatives to ODS. Alternatives must not include those with significant global warming potential.
3. New Ozone Depleting Substances

  • All Parties to the Montreal Protocol must ensure a complete prohibition on the development, marketing or sale and use of new substances with an ODP.
4. Enhanced International Co-operation

  • Parties should establish an Enforcement Task Force or Working Group (possibly under the Implementation Committee) to provide advice to Parties and recommendations for action under the Protocol - such as a "cradle to grave" documentation system like that used by the International Coffee Organisation.
5. Reporting on Illegal Trade

  • Parties should be strongly urged to submit reports to the Secretariat outlining their efforts to suppress illegal trade. Comparative analysis could then be carried out to assist in the identification of best practice.
6. Ban On Sale And Use Of CFCs In Article 2 Countries

  • All Article 2 Parties that have not already phased out the sale and use of CFCs and halons (except where essential use exemption apply) should urgently consider legislative means to do so, following the example of the EU.
7. Nomination of Ports of Entry

  • A strictly limited number of ports of entry to handle all Group A, B and C ODS transactions should be nominated and enforcement activities concentrated at these points.
The United States

1. Recycled ODS

  • The US must institute an effective petitioning and screening process for the importation of all such material and, in the absence of certainty, refuse entry to any suspect material. The import of recycled materials into the United States is enabling illegal trade in CFCs and halons. Despite the best efforts of US enforcement agencies, the current procedures for the import of this material are clearly inadequate.
The European Union (EU)

1. A Sales Ban

  • The EU must ensure the swift passage and implementation of the proposed new EU Regulation on ODS and in particular the final and comprehensive phase-out of CFC and halon use in Europe, including recycled, reclaimed and re-used material.
2. Registration Of CFC And Halon Stockpiles

  • Existing stockpiles of CFCs and halons must be registered by each Member State.
3. Abolition Of IPR

  • Abolish Inward Processing Relief.
4. Enhanced And Intelligence-led Enforcement And Co-ordination Of Controls

  • Enforcement agencies must be given adequate resources and training to tackle the illegal trade in ODS.

  • Emphasis must be given to intelligence-led enforcement and the EU wide co- ordination of enforcement efforts through, inter alia, the establishment of a central database of illegal trade and improved exchange of information between national agencies.

  • Efforts should be made to harmonise national legislation within the EU and co-ordinate procedure for the management of ODS within the EU
5. European CFC Production

  • The EU must ensure the rapid phase-out of all CFC production
6. CFC Banking And Destruction

  • Establish centralised CFC collection and destruction banks to facilitate the safe phase-out and removal of all CFCs and halons on the market, after the introduction of the ban on sale and use enters into force.
China and India

1. Registration And Audit Of All Production Facilities

  • The Government of China should take action against illegal ODS exporters and provide all available assistance to ensure that the planned audit of ODS production facilities is fully comprehensive.

  • The Governments of China and India should introduce a comprehensive licensing system for all ODS production facilities with a requirement to report to central government on all aspects of operation including substances and volume under production, exports and known end-use.