The Montreal Protocol on Substances that Deplete the Ozone Layer is generally acknowledged as the most successful international environmental treaty and an outstanding model of international cooperation. It has successfully reduced much of the world's reliance on ozone-depleting substances (ODS), and adherence to its phase-out schedule should eventually see the full recovery of the fragile ozone layer.

Yet the present state of the ozone layer gives cause for concern and has dire implications for ecosystems and human health. Every year the ozone hole over Antarctica grows bigger, and a similar hole is predicted to develop over the Northern Hemisphere during the next twenty years.

Initial predictions for full recovery by 2050 now seem optimistic, and the Montreal Protocol process continues to be undermined by the illegal trade in ODS. The Environmental Investigation Agency (EIA) has been tracking the black market in chlorofluorocarbons and halons since the mid- 1990s and has presented detailed information on the main routes, smuggling methods and companies involved to the Parties to the Montreal Protocol and to enforcement agencies in many countries.

Despite the existence of a pervasive and continued illicit trade in ODS the response by the Parties has been slow and ad-hoc. In the mid-1990s the illegal trade was estimated at 20000 tonnes a year, but it was not until 1997 that a licensing system was introduced, and even now only 63 parties have ratified the relevant amendment.

There have been notable successes in curbing illegal trade in both the US and EU. The enforcement authorities in the US have led the world in combating ODS traffickers, while the EU has introduced a ground-breaking sale and use ban for CFCs and halons. Yet black market operations are quick to scent new opportunities, and now a worrying increase in ODS smuggling is emerging in ‘Article 5' or developing countries.

EIA has conducted detailed field investigations to expose this illegal trade in one part of the world - the India and Nepal border - yet this is just the tip of the iceberg. If smuggling activities become entrenched in Article 5 countries the Montreal Protocol phase-out schedule will be jeopardised. EIA's investigations have also revealed the key role played by transit countries such as Dubai in the United Arab Emirates in facilitating ODS smuggling, and the appearance of material manufactured by European chemical companies on the black markets of developing countries.

It is regrettable that while the new EU legislation curbs recycling of ODS for export, it does not tackle continued production of virgin ODS. In some cases, the producers are laissez faire when it comes to checking where the ODS end up. At one of the largest remaining CFC production plants in Europe, located in the Netherlands, around 80 per cent of CFCs are sold to local brokers, ostensibly for legitimate shipment to Article 5 countries, but in reality are difficult to trace.

The new patterns of ODS smuggling demand creative enforcement responses. The Parties are currently debating mechanisms to enhance the fight against ODS smugglers, principally through tools such as better customs coding and information exchange.

EIA believes that an effective step would be the creation of an Illegal Trade Prevention Task Force within the Montreal Protocol regime, and the creation of a full-time enforcement coordination post within the Ozone Secretariat. Compared with other Multilateral Environment Agreements the Montreal Protocol has lagged behind in terms of enforcement. It is time to redress this imbalance and ensure the phase out schedule is adhered to over the next decade and not undermined by illegal trade in ODS