crime and air pollution Ozone Depleting Substances Henk Ruessink ECENA course, Boedapest, December 2008

2 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)

3 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

4 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

5 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

6 Stratospheric Ozone Layer

7 Destruction of the Ozone Layer

8 Worldwide response First alert: Vienna Convention 1985 (non-binding) Formal Multilateral Agreement in Sept  Montreal Protocol on Substances that deplete the Ozone Layer Into force: January 1989 Protocol ratified by 193 nations Missing: Andorra, San Marino, Timor Leste

9 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

10 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

11 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

12 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

13 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

14 Double layered cylinders 1 2

15 Easy smuggling in small cannisters

16 Private smuggling boat…

17 … or private smuggling bike

18 More information ozone.unep.org (UNEP’s Ozone Secretariat) europa.eu Project Sky-Hole-Patching –(WCO, UNEP, Asian/Pacific, )