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A CRIME AGAINST NATURE

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


Investigations by the Environmental Investigation Agency (EIA) prove that the integrity, effectiveness and successes of the Montreal Protocol are seriously imperilled by the large scale illegal trade in ozone-depleting substances (ODS). The findings of these investigations show that without new and additional actions to combat this illegal trade the on-going depletion of the world's ozone layer will persist as a damning legacy of the 20th century.

EIA has uncovered a growing illegal market in CFCs (chlorofluorocarbons) and halons from developing countries - in particular China - to developed countries, including the USA, UK, France, Spain, Italy and Germany.

New scientific data on the impact of ODS on the ozone layer clearly defines the compelling need for action. In April of 1998, NASA scientists revised the predicted peak period for ozone layer depletion from 2000-2005 to around 2020 and noted the likely development of a severe Arctic ozone hole.

At the same time the largest recorded ozone hole over the Southern Hemisphere - three times the size of Australia - has been identified by scientists, leaving more than 27 million square kilometres of the planet temporarily unprotected from ultra-violet radiation.

Despite the international ban on the production and sales of halons in developed nations since 1 January 1994, the atmospheric abundance of these materials continues to increase substantially. This is particularly worrying as the bromine released from halons is around 40-60 times more efficient at depleting ozone than the chlorine found in CFCs. Consequently, increasing levels of halons in the atmosphere could outstrip the benefits of reduced chlorine loading over the next decade, further delaying recovery of the ozone layer.

As perhaps the worlds most successful Multilateral Environmental Agreement (MEA), the importance of tackling the shortcomings in the Montreal Protocol is underscored by the function it serves as a role model for other MEAs. If the international community fails to ensure the effective enforcement of the Montreal Protocol what hope is there that we can collectively tackle other pressing threats to our common shared environment through such agreements?

The freeze on production of CFCs in developing countries due to take effect in July 1999, will mark a crucial milestone as the Montreal Protocol moves into the next phase of implementation. We have already learnt much about the threat to the Protocol from illegal trade during the phase-out in developed countries and it is vital that we apply these lessons as the Protocol moves forward.

In recent months bold statements have been made by the world's wealthiest nations about environmental crime. In April this year the G7 (and Russia) issued a communique from Leeds Castle in the UK expressing "grave concern about the ever-growing evidence of the violations of international environmental agreements and particularly the involvement of international organised crime". The communique went on to say, "We believe that our governments must act now to protect existing agreements..." and that the G7 (plus Russia) will "continue to fight illegal trade in ozone depleting substances".

In Europe and the USA new regulations and controls are being considered and it is essential that they are not weakened as they pass through the various stages to adoption.

On World Ozone Day this year the United Nations Environment Programme's Executive Director, Klaus Topfer stated, "I would like to point out that, contrary to the popular impression, the protection of the ozone layer is far from assured at present. Only about 20% of the population of the world... has given up their addiction to CFCs. The remaining 80% will have to start soon and complete their task if recovery of the ozone layer is to be assured."

Now is the time for action. A crime against nature is being perpetrated by traders in illegal ODS, while the Parties to the Protocol have several other pressing issues to address. The consequences of hesitation will be felt world- wide and well into our future as the ozone layer continues to thin and recovery is delayed, threatening human health and ecological security. It is imperative that the Parties to the Montreal Protocol act upon this knowledge and the simple truth that a law can only be as good as its enforcement.

Steve Trent
Campaigns Director
November 1998.

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