crime and air pollution

Ozone Depleting Substances

Henk Ruessink

ECENA course, Boedapest, December 2008

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What are ODS?

• Substances that destroy the ozone layer– Cfc – Chloro Fluoro Carbons– Hcfc – Hydro Chloro Fluoro Carbons– Other ODS

• ODS are man-made volatile compounds– Refrigerants– Foaming agents, sprays– Solvents– Fire Extinghuisers (halons)

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The Ozone Layer

• Protects our planet from the sun• Filters ultraviolet-B radiation• UV-B is harmful for health, nature and materials• Found in at 10 and 50 km altitude – stratosphere• Concentration of varies through natural causes

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The Ozone Hole• 1985: thinning of OL above Antartica• Scientific evidence ODS play important role• Emission lags behind usage of ODS• Ongoing decreases of OL from 1970s• UV-B radiation increased ever since

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Intermezzo: Effect of UV-B radiation

• Human health – skin cancer, cataract, immune deseases

• Environmental – More tropospheric ozone (thus respiratory illness)– Climatic impacts

• Ecosystems – Terrestial and aquatic– Food chains and cycles

• Materials – Damaging properties, e.g. of plastics

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Stratospheric Ozone Layer

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Destruction of the Ozone Layer

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Worldwide response

• First alert: Vienna Convention 1985 (non-binding)• Formal Multilateral Agreement in Sept. 1987

Montreal Protocol on Substances that deplete the Ozone Layer

• Into force: January 1989• Protocol ratified by 193 nations• Missing: Andorra, San Marino, Timor Leste

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Basics of the Montreal protocol

• Phased banning of production, trade and use of ODS• Ultimate goal: elimination• Different timeframes per subgroup of ODS, e.g.

– CFC phased out from 1991 to 1996– HCFC phased out from 1996 to 2030

• Some exemptions for ‘essential use’• For developing countries: delayed phase out • Implementation through national or regional legislation

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European Regulation ODS

• Regulation EU 2037/2000 of June 2000• Works directly in the EU Member States• Based on Montreal Protocol and its amendments• Refers to:

– production, – Import & export – trade & application– recycling & destruction

• Enforcement and sanctioning: national responsibility

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Enforcement aspects

• MP does not have strong own enforcement chapter• Enforcement through national implementation• (Inter)national cooperation is essential, however

– Particularly between Customs and Environmental agencies

• Still substantial illegal trade in banned products• Indications that up to 20% of trade is illegal• Value of this black market: up to 60 million USD

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Drivers for illicit operations

• Market mechanism of demand and supply– Growing consumption, globalisation– Different time-frames for developing and developed countries

• Economic incentives– Making money (criminals)– Saving expenses (consumers)

• Regulatory aspects– Legislation ‘defines’ new crime– Opportunities through ambiguity, unclearity, contradictions – Lack of effective (inter)national control and enforcement

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Fraudulent approaches

• Recycled versus virgin• Mislabeling CFC, e.g. as HCFC• Using wrong customs codes• Traditional smuggling of containers, cylinders• Smuggling in (used) compressors or equipment

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Double layered cylinders

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Easy smuggling in small cannisters

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Private smuggling boat…

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… or private smuggling bike

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More information

• ozone.unep.org (UNEP’s Ozone Secretariat)• www.epa.gov• europa.eu• www.greencustoms.org

• Project Sky-Hole-Patching– (WCO, UNEP, Asian/Pacific, 2006-2007)