Vienna Convention and its Montreal Protocol
Introduction
In response to the invitation from the President of the Economic and Social Council, H.E. Ambassador
Frederick Mussiwa Makamure Shava, the President of the Conference of the Parties to the Vienna
Convention for the Protection of the Ozone Layer and the President of the Twenty-Eighth Meeting of
the Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer are jointly
submitting this report to the 2017 High Level Political Forum (HLPF).
The report is structured around the template provided by the President of Economic and Social
Council, and the inputs are provided in response to the specific questions from the template, under
the theme of the 2017 HLPF: Eradicating poverty and promoting prosperity in a changing world. It
showcases the contribution of the Vienna Convention and its Montreal Protocol towards those
Sustainable Development Goals that are under in-depth review in 2017 and most relevant to the work
of the two treaties.
Goal 1 – End poverty in all its forms everywhere: The Multilateral Fund for the Implementation of the
Montreal Protocol provides financial and technical support to developing countries in complying with
their obligations under the Montreal Protocol. Through the Fund, approximately US$3.5 billion has
been provided to date to assist 147 developing countries to meet their Montreal Protocol obligations.
The Fund has supported technology transfer projects that have replaced ozone-depleting substances
with ozone-friendly substitutes and technologies in the developing countries. This has made the
relevant industries more competitive, and has been done carefully with a view to mitigating the
negative impacts of the changes on both the enterprises concerned and on their workers. The
Montreal Protocol has therefore significantly contributed to the eradication of poverty and promotion
of prosperity in these countries.
Goal 2 – End hunger, achieve food security and improved nutrition and promote sustainable
agriculture: According to some estimates, the global phase-out of ozone-depleting substances under
the Montreal Protocol will result in an estimated US$460 billion in global benefits between 1987 and
2060 due to avoided damages to agriculture, fisheries, and materials such as plastic and wood2 that
would have been caused by depletion of the ozone layer.
In addition, the phase-out of methyl bromide, a poisonous fumigant gas that is ozone depleting, was
used for many years against a wide variety of pests in agriculture, buildings and commodities. Its
phase-out has contributed to the development of more effective and much safer alternatives in
addition to protecting the ozone layer.
Goal 3 – Ensure healthy lives and promote well-being for all at all ages: As a result of ozone layer
protection efforts under the Vienna Convention and the Montreal Protocol, up to 2 million cases of
skin cancer may be prevented globally each year by 2030.3 In the United States, for those born
between 1890 and 2100, there may be: 283 million cases of skin cancer avoided, 8.3 million being
melanoma; 1.6 million deaths from skin cancer prevented; and 46 million cases of cataract prevented,
according to the US Environmental Protection Agency (EPA).
Goal 9 – Build resilient infrastructure, promote inclusive and sustainable industrialization and foster
innovation: Phasing out ozone-depleting substances across more than 240 sectors has changed
daily production and consumption patterns by stimulating more efficient production processes,
including energy efficiency, and by innovative redesigning of products and equipment to use greener
chemicals. Increased investment in green alternatives has driven down the costs of using them,
making them more accessible to the person in the street.
Goal 14 – Conserve and sustainably use the oceans, seas and marine resources for sustainable
development: Phasing out ODSs protects the oceans from the impact of UV radiation. For example,
many aquatic species including some planktons, corals and fish are sensitive to and adversely
affected by UV radiation. The changes in climate also create other impacts such as alteration of the
temperatures and occurrence of extreme weather events, many of which interact with UV radiation
impacts, exacerbating the harmful effects. Protecting the ozone layer has contributed to protecting
the marine ecosystem and resources, thus contributing in turn to the countries and sectors of
economy that rely on marine resources.
Goal 17– Strengthen the means of implementation and revitalize the global partnership for
sustainable development: One of the hallmarks of the Montreal Protocol is successful partnership
and cooperation, not only at the level of governments but among all stakeholders – in a global
partnership. The Multilateral Fund of the Montreal Protocol has ensured capacity-building and
institutional strengthening in developing countries, including through the establishment of 147
National Ozone Units, formulation of regulations and legislation, and establishment of a system of
Regional Networks of Ozone Officers, which has been valuable for capacity-building and information
sharing. This support to the developing countries ensures that they are equal partners and can
participate fully in taking on their responsibility to protect the global commons.
1. An assessment of the situation regarding the principle of “ensuring that no one is left behind” at
the global level:
The Vienna Convention, adopted in 1985, and its Montreal Protocol, adopted in 1987, are widely
recognized as very successful multilateral environmental agreements.
Together, the ozone treaties have ensured that to date more than 99% of the historic baseline levels
of consumption and production of harmful ozone depleting substances (ODSs), amounting to
1,858,491 ozone-depleting potential (ODP) tonnes (equivalent to 2,677,087 metric tonnes), has been
phased out. As a result, the ozone layer is healing and is expected to be restored by around 2060.
Both ozone protection treaties are universally ratified, by 197 parties, thus ensuring that no country is
left behind in implementing their specified obligations and measures to protect the ozone layer and
the climate. Four of the five Amendments to the Montreal Protocol – the London, Copenhagen,
Montreal and Beijing Amendments – have also achieved universal ratification by all the 197 parties to
the Protocol.
In October 2016, the parties adopted the Kigali Amendment to the Montreal Protocol in which they
agreed to phase down hydrofluorocarbons (HFCs), harmful greenhouse gases used as substitutes for
ozone depleting substances, under the Protocol. HFCs are man-made chemicals that are primarily
used in air conditioning, refrigeration and foam insulation, and are powerful greenhouse gases that
can be thousands of times more potent than carbon dioxide in contributing to climate change.
Implementation of the Kigali Amendment is expected to avoid up to 0.5°C of global warming by the
end of the century, while continuing to protect the ozone layer.
In the process of negotiating the Amendment, the situations of countries and regions, including their
local circumstances and interests, were taken into consideration (as they were for the Montreal
Protocol and its amendments and adjustments) to ensure that all countries were on board and would
be able to implement the provisions without unduly disrupting the functioning of the society.
The features and provisions of the Montreal Protocol that take those special situations and
circumstances into account include a grace period for developing countries in complying with the
control measures; support to developing countries through the financial mechanism; exemption
mechanisms for critical and essential uses of controlled substances; and trade provisions.
The Protocol’s special mechanisms ensure its parties meet the agreed targets. These mechanisms
could serve as a model for tackling other global environmental issues and sustainable development
challenges and offer inspiration to other initiatives in ensuring that no one is left behind:
Financial mechanism: The Montreal Protocol’s financial mechanism that includes a Multilateral Fund
is managed by an Executive Committee with equal membership from developed and developing
countries (see goal 1 above). More than 6,000 projects and activities have been carried, thus enabling
technology transfer where old technologies have been totally replaced. The next replenishment of the
Fund, to be decided upon in November 2017, will support HFC phase-down initiatives under the Kigali
Amendment, in addition to the ongoing phase-out of ozone-depleting substances.
Non-compliance regime: The Protocol's unique non-compliance procedure focuses on amicable
solutions and facilitating assistance to parties in fulfilling their legal obligations, rather than ‘naming
and shaming’ or punishment. Past experience shows that parties feel comfortable to report their own
non-compliance issues and seek assistance and solutions.
Assessment Panels: The Protocol's three Assessment Panels regularly provide parties with up-todate,
independent information on scientific, technical, economic and environmental issues, enabling
them to take informed and timely decisions on complex matters and base their policies and actions
on sound science.
Exemption mechanisms: The Protocol has developed and used various exemption mechanisms to
address the lack of suitable alternatives to ODSs. Through such mechanisms, the Protocol takes into
account the need to ensure health and safety and the functioning of society, and the need to avoid
significant market disruptions. Similar mechanisms are foreseen for the phasedown of HFCs.
Non-party trade provisions: Parties that have ratified the Protocol and its amendments may not trade
in controlled substances with states that are yet to ratify it. This creates an incentive for countries to
promptly join the Protocol and its amendments. The provisions are applied in a flexible way to ensure
that all parties adhere to them without compromising their economic performance.
2. The identification of gaps, areas requiring urgent attention, risks and challenges:
Assessment Process
The Protocol's three Assessment Panels regularly provide parties with up-to-date, independent
information on scientific, technical, economic and environmental issues. The Panels identify
emerging issues, progress in the development of alternatives to harmful ozone depleting substances
and the impacts of the implementation of the actions taken by the parties. The assessments by the
Panels enable parties to take informed and timely decisions on complex matters based on sound
science, in areas where action is required.
In addition, the Montreal Protocol has a built-in mechanism that allows for the control measures
agreed upon by the parties to be adjusted, based on new scientific or technical information, in a fasttrack
manner with less bureaucracy.
Kigali Amendment
Following the Amendment’s unanimous adoption by all the parties present at the 28th Meeting of
Parties to the Montreal Protocol, the next step is its ratification by the parties. The Amendment will
enter into force on 1 January 2019, provided that at least 20 parties have ratified it by that date, failing
which it will enter into force on the 90th day following the date of ratification by the twentieth party.
The ratification and eventual implementation of the Kigali Amendment to the Montreal Protocol by all
states is crucial for the protection of the environment, as it will make a significant contribution
towards keeping global warming below 2°C, a key commitment of the Paris Agreement.
Implementation of the Kigali Amendment will continue to build upon the significant contribution made
by the Montreal Protocol in mitigating climate change by simply phasing out ODSs, which are also
greenhouse gases. It is estimated that the Protocol averted an estimated net amount of more than
135 billion tonnes of carbon dioxide equivalent emissions into the atmosphere from 1990 to 2010.
The Kigali Amendment must be ratified by at least 20 countries for it to enter into force. However, in
order for it to be effective, universal ratification and implementation are required. A number of
Montreal Protocol parties have already initiated the process of ratification of the Amendment at the
national level. The HLPF can be instrumental in encouraging the parties to ratify.
Remaining Ozone-Depleting Substances
The remaining 1% of ODSs is mainly HCFCs, amounting to 26,828 ODP tonnes (equivalent to 408,699
metric tonnes) still need to be phased out. This may seem small in terms of ODP weighted amount
but it is still an enormous challenge in terms of actual quantities in metric tonnes and also because
the phase-out schedule was accelerated in 2007. There is now an added challenge of avoiding high-
GWP HFCs in phasing out HCFCs because of the Kigali Amendment. The parties have so far achieved
a compliance rate of 98%, which needs to be maintained. In this regard, the problem of illegal trade
needs to be addressed as temptations to make money from such trade increase as supplies of ODSs
diminish.
The remaining ODSs to be phased out under the Montreal Protocol also include small amounts
exempted from the control measures for essential and critical uses, process agent applications and
laboratory and analytical uses. The Montreal Protocol also exempts feedstock uses of ODS and the
quarantine and pre-shipment uses of methyl bromide from controls but parties monitor these through
reporting requirements.
ODSs in banks (e.g. equipment, insulation foams, chemical stockpiles) are not controlled under the
Montreal Protocol. The parties are concerned with the issue of environmentally sound management
of ODS banks because the emissions of those ODSs will cause ozone layer depletion and contribute
considerably to climate change. It has been estimated that about 5.4 million tonnes of ODSs remain in
banks globally and annual emissions from banks have been estimated to be about 2.3 billion tonnes
carbon dioxide equivalent per year.
The cooperation of all parties is needed in tackling the remaining challenges.
3. Valuable lessons learned on eradicating poverty and promoting prosperity:
Engagement with all stakeholders including industry: One of the strengths of the Montreal Protocol is
its engagement with all stakeholders. As a result, industry, which could otherwise have been
threatened by the Protocol, is considered a partner in the process of making the goals of the Protocol
a reality. Fruitful collaboration has been established among scientists, industry, governments,
nongovernmental organizations, media, and UN organizations: scientific findings leading to
understanding and stimulating innovation of alternatives by industry, understanding leading to policy,
policy leading to implementation, and implementation leading to global environmental protection.
Technology transfer and industrial conversion: By funding the incremental costs of compliance with
the Montreal Protocol in developing countries, to the tune of US$3.5 billion since 1991, the Multilateral
Fund has removed financial barriers that might have discouraged developing countries to accede to
the Montreal Protocol and converted entire industries towards more environmentally sound practices.
Projects and activities supported by the Fund are implemented by four international implementing
agencies – UNDP, UN Environment, UNIDO and the World Bank.
Various provisions of the Montreal Protocol: The special provisions of the Montreal Protocol
described under section 1, “An assessment of the situation regarding the principle of “ensuring that
no one is left behind” at the global level” have ensured the success of the regime in protecting the
ozone layer. Those provisions ensured that the society continued to function smoothly while ODSs
that permeated in so many facets of our lives were being phased out; that developing countries
received financial and technical support to help them meet their global responsibility on equal footing;
that there was facilitation rather than punishment in cases of non-compliance; and that emerging
issues and gaps are addressed efficiently and effectively based on regular provision of sound
scientific information. It is expected that the ozone layer will return to its pre-1980s state around the
middle of this century.
4. Emerging issues likely to affect the realization of poverty eradication and achieving prosperity:
By phasing down HFCs under the Kigali Amendment, the contributions of the Vienna Convention and
Montreal Protocol to eradicating poverty and promoting prosperity will continue.
Under the Amendment, Montreal Protocol parties will gradually reduce HFCs by 80 to 85 per cent by
the late 2040s and replace them with more planet-friendly alternatives. First reductions by developed
countries are expected in 2019. Developing countries will follow with a freeze of HFCs consumption
levels in 2024 and in 2028 for some nations.
The Amendment therefore provides an opportunity for countries to ramp up their efforts to address
climate change not only internationally but domestically: through choice of better, greener
technologies, including those that improve energy efficiency that are feasible and affordable. This will
continue to contribute to poverty eradication and achieving prosperity at the same time as mitigating
the threats of climate change to many vulnerable countries.
5. Areas where political guidance by the high-level political forum is required:
The adoption of the Kigali Amendment demonstrates global commitment towards the phase-down of
HFCs at the highest political levels in both developed and developing countries. The momentum of
the high-level political commitment needs to be maintained and even heightened as Montreal
Protocol parties work towards ratification and implementation of the Amendment. The
encouragement, guidance and engagement of the HLPF could contribute significantly to this goal.
6. Policy recommendations on ways to accelerate progress in poverty eradication:
Fair and transparent multilateral processes that ensure that all parties are heard, that decisions are
based on the sound and up to date scientific knowledge, that take into account the needs and
situations of all the countries and stakeholders including civil society and industry, that induce spirit
of compromise and collaboration and a sense of responsibility towards improving the lives of people,
are well-placed to succeed in tackling global challenges such as poverty eradication.