The Montreal Protocol mechanism has made great strides forward in curbing the use of ODS, without which the future for the ozone layer would be far more perilous, yet it has failed to react in a coherent manner to the problem of enforcement and the continued threat of illegal trade in ODS. While large scale smuggling activities into the US and EU have largely been curbed, through enhanced enforcement and new legislation respectively, a disturbing rise in smuggling in Article 5 countries is now emerging. Information gathered and investigations that EIA has been carrying-out indicate that this illegal trade is already of a serious magnitude, is growing, and is prevalent in many developing countries throughout the world. This is occurring at a time when the ozone layer is more depleted than ever before, posing threats to ecosystems and human health.

The challenge to curb smuggling in Article 5 countries is not an easy one. Customs and enforcement authorities in developing countries are often under-resourced. Yet inaction will exacerbate the problem. It is in developing countries, where the bulk of ODS production and consumption now occurs that the biggest remaining challenges to the scheduled phase-out of ODS under the Montreal Protocol are found. If smuggling is allowed to flourish, the ability of Article 5 countries to meet their phase-out commitments will be undermined. The only commitment to date has been the 1999 freeze, yet this has already prompted a growth in smuggling. The existence of an active black market in ODS in many Article 5 countries undermines the market for alternatives, and threatens to encourage illicit production. It will make the 50 per cent cut in consumption required by 2005 harder to achieve.

In light of these challenges, innovative solutions to improve enforcement are needed. Since the late 1990s, increasing attention has been focused on the issue of improving the enforcement of Multilateral Environmental Agreements (MEAs). Discussions have been held by a range of relevant bodies, notably UNEP, the World Customs Organisation (WCO), Interpol and the G8 Group of nations, to enhance co-operation between different MEAs. The issue of enforcement is also central to the United Nations on-going review of international environmental governance during the run-up to the World Summit on Sustainable Development, scheduled for late 2002.

In this respect, it is evident that the Montreal Protocol is lagging behind MEAs such as the Convention on International Trade in Endangered Species (CITES), which contains a specialised Enforcement Assistance Unit, containing personnel with frontline enforcement experience.

At a UNEP Workshop on 'Enforcement of and Compliance with MEAs', held in Geneva in July 1999, the Ozone Secretariat of the Montreal Protocol was urged to take measures to address the illegal trade in ODS. Specific recommendations from the workshop included the reporting of seizure and illegal traffic information to the Secretariat, the signing of formal Memorandums of Understanding (MoU) with Interpol and the WCO, and the appointment by the Secretariat of an international liaison officer from the enforcement community. Two years later and these recommendations have not been acted on.