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Handbook for the Montreal Protocol on Substances
that Deplete the Ozone Layer - 7th Edition (2006)
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Decision XVII/16: Preventing illegal trade in controlled ozone-depleting substances

The Seventeenth Meeting of the Parties decided in Dec. XVII/16:

Mindful of the importance of preventing illegal trade to ensuring the smooth and effective phase-out of controlled ozone-depleting substances,

Understanding the need to control both import and export of all controlled ozone-depleting substances by all Parties, in particular through establishment of licensing systems, as required under Article 4B of the Montreal Protocol,

Recalling the provisions related to monitoring and control of trade in controlled ozone-depleting substances contained in decisions VII/9, VIII/20, IX/8 and XIV/7,

Recognizing that there are already trade tracking systems established in other environmental conventions as well as international trade statistics databases,

Mindful of the ongoing development of the Strategic Approach to International Chemicals Management, which includes as an objective the prevention of illegal international trade, and of decision 23/9 of the Governing Council of the United Nations Environment Programme, on chemicals management, requesting the Executive Director of the United Nations Environment Programme to promote cooperation between the Montreal Protocol and certain other conventions in addressing international illegal trafficking of hazardous chemicals and hazardous wastes,

Acknowledging with appreciation the draft terms of reference for a study on the feasibility of developing an international system of tracking the movement of controlled ozone-depleting substances between Parties produced by the Ozone Secretariat, as required by decision XVI/33,

Noting with appreciation the outcome of the workshop of experts from the Parties to the Montreal Protocol organized by the Ozone Secretariat on 3 April 2005 in Montreal on the development of specific areas and a conceptual framework of cooperation in preventing and combating illegal trade in controlled ozone-depleting substances,

Noting with appreciation the Report of the Executive Committee of the Multilateral Fund for the Implementation of the Montreal Protocol on the evaluation of customs officers training and licensing system projects to the twenty-fifth meeting of the Open-ended Working Group,

  1. To approve the terms of reference for a study on the feasibility of developing an international system of monitoring the transboundary movement of controlled ozone-depleting substances between Parties, as presented in the appendix to the present decision, and to request the Ozone Secretariat to undertake such a study, to initiate the necessary tenders and to present the results to the Eighteenth Meeting of the Parties to the Montreal Protocol in 2006;
  2. To invite the Ozone Secretariat to consult with other conventions or organizations who might benefit from the outcome of that study to contribute towards its work;
  3. To urge all Parties, including regional economic integration organizations, to implement fully their obligations under Article 4B of the Montreal Protocol, in particular, the licensing systems for the control of imports, exports, re-exports (re-exports mean exports of previously imported substances) and, if technically and administratively feasible, transit of all controlled ozone-depleting substances, including mixtures containing them, regardless of whether the Party concerned is or is not recognized as the producer and/or importer, exporter or re-exporter of the particular substance or group of substances;
  4. To request the Ozone Secretariat to revise the reporting format resulting from decision VII/9 to cover exports (including re-exports) of all controlled ozone-depleting substances, including mixtures containing them, and to urge the Parties to implement the revised reporting format expeditiously. The Ozone Secretariat is also requested to report back aggregated information related to the controlled substance in question received from the exporting/re-exporting Party to the importing Party concerned;
  5. To invite Parties to submit information to the Ozone Secretariat by 30 June 2006 on any existing systems for exchanging information on import and export licenses between importing and exporting Parties;
  6. To consider additional control measures with regard to the use of controlled ozone-depleting substances in particular sectors or in particular applications, as this approach may effectively diminish illegal trade activities;
  7. To encourage further work on the Green Customs initiative of the United Nations Environment Programme in combating illegal trade in controlled ozone-depleting substances as well as further networking and twinning activities in the framework of regional networks aimed at the exchange of information and experience on both licit and illicit trade in controlled ozone-depleting substances between the Parties, including enforcement agencies;
  8. To request the Executive Committee to consider at its forty-eighth meeting the recommendations contained in the report of the Executive Committee of the Multilateral Fund for the Implementation of the Montreal Protocol on the Evaluation of Customs Officers Training and Licensing System Projects to the twenty-fifth meeting of the Open-ended Working Group, in particular where they relate to customs training and other elements of capacity building that are needed in combating illegal trade in controlled ozone-depleting substances;
  9. To approve a maximum amount of $200,000 from the Trust Fund of the Vienna Convention as a one-time measure to facilitate the feasibility study on developing a system for monitoring the transboundary movement of controlled ozone-depleting substances between the Parties.

 

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Sections   Section One The Montreal
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