The ECA network has implemented enforcement–related activities since its inception in 2003 including regional enforcement meetings, border dialogues, and a series of awards for Customs and Enforcement Officers.
The United Nations Environment Programme (UNEP) and World Customs Organization (WCO) have joined forces to strengthen the enforcement of the Montreal Protocol, focusing on the phase-out of ozone-depleting substances (ODS) and the phase-down of hydrofluorocarbons (HFCs). These efforts are designed to combat the illegal trade of controlled substances and ensure countries meet their international commitments under the Protocol and its Kigali Amendment.
The Montreal Protocol, which came into force in 1987, controls the production and consumption of more than 100 ODS and HFCs that contribute to global warming. To date, all member states of the United Nations have ratified the Protocol. The Protocol mandates the phase-out of HCFCs and the phase-down of HFCs, with specific timelines for developed and developing nations.
The UNEP and WCO’s joint efforts focus on preventing the illegal trade of these controlled substances through training customs officers, enhancing cross-border cooperation, and using modern technology to track and monitor shipments. The collaboration has resulted in significant seizures of illegal shipments of ODS and HFCs, thereby preventing their harmful environmental impacts.
In a recent enforcement action, the ECA (Europe and Central Asia) network played a crucial role in monitoring and controlling the trade of ODS and HFCs. Customs and enforcement officers in the region have been instrumental in detecting illegal trade, reporting over 64 seizures of controlled substances, corresponding to more than 380 metric tons of chemicals, including 14,617 refrigerant cylinders.
To further enhance enforcement measures, UNEP and WCO are promoting the use of the Informal Prior Informed Consent (iPIC) mechanism, which allows countries to consult before issuing export/import licenses, thereby preventing illegal shipments. In recent years, this system has successfully stopped multiple illegal trades of ODS and HFCs.
As part of ongoing efforts, UNEP and WCO continue to provide training and resources to customs officers to help them recognize and prevent illegal shipments. This includes the use of the Harmonized System (HS) codes for the classification of controlled substances and the deployment of refrigerant identifiers for inspections at borders.
Through these collective actions, UNEP and WCO aim to ensure that the Montreal Protocol’s goals of reducing ODS and HFCs are met, contributing to the global fight against climate change and environmental degradation.
Global Montreal Protocol Award
Customs and Enforcement Officers play a crucial role in monitoring and controlling trade in ODS and HFCs and help countries meet their Montreal Protocol commitments, including data reporting. The global award sought to recognize Customs and Enforcement Officers for their efforts in combating illegal ODS and HFC trade, but also aimed at collecting data on the magnitude of illegal trade in controlled substances and the smuggling schemes and routes used, and at encouraging the reporting of illegal trade cases and seizures to the Ozone Secretariat and WCO’s Customs Enforcement Network (CEN). The series of award schemes was initiated in the ECA region in 2009 and thus far, five regional editions of the ECA award have been conducted, and one global edition.
Within the context of the Global Montreal Protocol Award for Customs and Enforcement Officers, 24 countries reported 587 seizures of ODS and HFCs, corresponding to 256 MT of substances, 19,992 cylinders and 27,944 items of equipment. The cases showed that illegal trade in controlled substances continues and that the different phase–out and phase–down schedules encouraged illegal trade. The publication Watch out for illegal trade of HCFCs and HFCs – Lessons learnt from the Global Montreal Protocol Award for Customs and Enforcement Officers, is available at UNEP’s document repository.
Based on the fifth edition of ECA Montreal Protocol Award for Customs & Enforcement Officers, the collected data related to illegal trade cases during the period 2019–2020 shows:
• 64 seizures reported by 10 countries: Bulgaria (5 cases), France (4 cases), Georgia (2 cases), Germany (1 case), Italy (2 cases), Netherlands (2 cases), Poland (5 cases), Romania (10 cases), Spain (2 cases), Uzbekistan (31 cases)
• 380 MT of ODS / HFCs seized
• 14,617 refrigerant cylinders (including 9 ISO containers) seized
• 215 pieces of equipment / compressors seized.
Operation DEMETER
Operation DEMETER is the flagship law enforcement operation of the WCO that targets the illicit trade of wastes regulated under the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, as well as substances controlled under the Montreal Protocol. UNEP OzonAction is supporting this initiative since 2019. The DEMETER operations also focus on strengthening law enforcement efforts, while emphasizing the importance of combating environmental crime for Customs Administrations. Additionally, they help the WCO and its partners identify areas requiring capacity building and shaping future support activities.
The ninth iteration of WCO Operation DEMETER in October 2023 witnessed a record level of participation, with the involvement of 106 Customs Administrations. This edition also led to a record number of 46 seizures of substances controlled under the Montreal Protocol and equipment containing such substances. This represented a significant increase of more than 250% compared to Operation DEMETER VIII in 2022. In terms of quantities, a cumulative total of more than 130 MT of controlled substances were seized, showing a substantial increase of more than 420% compared to the previous edition. Moreover, 575 pieces of appliances were seized during this operation in 2023.
Among the illicit commodities seized, HFCs stood out as the most prominently trafficked, accounting for 19 seizures, constituting 41% of the total number of seizures, and more than 74 MT seized, constituting 57% of the total quantity of seized refrigerants.
The classification
The classification of products and equipment containing or relying on controlled substances is increasingly getting important. Many countries have introduced or are planning measures to control, restrict or ban their imports, exports or placing on the market. These measures might depend on the type of equipment and products, their capacity, refrigerant charge, GWP of the 8 refrigerant, energy–efficiency (MEPS), or whether they are new or used (second hand). The correct classification of such equipment and products is crucial to enforce such measures as e.g. by providing risk indicators triggering the review of shipment papers and physical inspection.
ODS and HFC licensing systems are mandatory and of vital importance for legal trade. Trade statistics are normally collected by Customs using the HS codes. Trade statistics are important for governments to monitor and report consumption of controlled substances and mixtures containing them. The Montreal Protocol defines consumption as imports – exports + production – destruction. Compliance with the Montreal Protocol depends on timely and accurate reporting of trade data separately on specific substances and mixtures, and timely establishment and reporting of licensing systems for controlled substances. The updated HS nomenclature enables Customs Officers to differentiate between the most common ODS, HFCs and mixtures for reporting purposes. It also supports Customs in enforcing ODS and HFCs licensing systems, monitoring cross– border trade, verifying compliance with regulatory requirements, and preventing illegal activities.
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