B4-0734, 0738, 0739 and 0742/97

Resolution on illegal trafficking of CFCs

The European Parliament,

A. whereas the depletion of the ozone layer has not abated and constitutes an ever increasing threat to human life, following the latest studies carried out under the Community Research Programme on the Environment and the Climate and following the opinion of several medical organisations against aerosols containing CFCs,

B. recalling that, according to Community rules, the production of CFCs has been prohibited in the EU since 1995 and that imports are not authorised except under a strictly supervised quota system; recalling that under the Montreal Protocol on ozone layer depleting substances, the production of CFCs has been illegal in OECD countries since January 1996, whereas in developing countries production will be illegal from 2010,

C. whereas in 1996 annual production of CFCs was 240,000 tons worldwide, with a growth rate of 4% per year,

D. deeply concerned by scientific evidence which shows that in 2050 25% more cases of skin cancer are forecast compared to 1980, even assuming the present Montreal Agreements are fully respected,

E. greatly concerned by the discovery of illegal trafficking of some 1000 tons of CFCs imported in 1996 under a false denomination and new trafficking discovered in July 1997 of 150 tons of CFCs, all these imports coming essentially from China and Russia,

F. whereas Russia has a production capacity of around 140,000 tons per year which accounts for half of world production; whereas it is estimated that a significant amount of CFCs produced in Russia are also smuggled into Europe and North America each year,

The European Parliament,

1. Welcomes the cooperation between national customs services and the Commission, coordinated by UCLAF, which led to the dismantling of this significant illegal import network of CFC products from China to the European Union, which damage the ozone layer;

2. Is perturbed, however, by the fact that the Community rules have not always been applied with accuracy and clarity, as indicated by a recent judgement of the Court of First Instance of the European Communities, which highlighted the negligence not only of the company concerned but also of the Commission;

3. Requests that legal action, followed by sanctions, should be taken by the Commission as soon as possible against conspiring clients of this latest trafficking in CFCs and that such measures should be systematically taken against incriminated companies;

4. Requests the Commission to evaluate the use of substitute products for CFCs (HCFCs) the sale of which seems to be modest, which may go some way towards explaining the illegal trafficking in CFCs, and also requests it to evaluate the effects of these substitute products on public health;

5. Requests the Commission to be extremely vigilant as regards the use of these HCFCs, which are also subject to import and production quotas in order not to become another object of trafficking which would jeopardise their total elimination scheduled for 2015;

6. Asks the Commission therefore to consider the total prohibition of the sale and use of CFCs as the most efficient means for eliminating demand and facilitating control; calls on the Commission to ensure that the European Union maintains its pioneering role in its efforts in the fight against the depletion of the ozone layer and, as a consequence, to propose a total ban on the sale and use of CFCs within the context of the Montreal Conference of 15-17 September 1997;

7. Earnestly calls on the Commission to cooperate with the United States and the other signatories to the Montreal Protocol in order to adopt the same deadline to prohibit the production and use of CFCs, HCFCs and methyl bromide, in order to avoid the risks of illegal trafficking which leads to unfair market competition penalising companies complying with the legislation and the rules of the single market;

8. Welcomes the intention of the World Bank to create a fund in order to help Russia close its CFC-producing factories; notes with regret that developed countries have been slow so far to come forward with donations; encourages the Commission to respond positively to this initiative which is considered to be one of the most environmentally significant opportunities for the phasing-out of ozone depleting substances in the world;

9. Instructs its President to forward this resolution to the Commission, the Council, the governments of Russia and China, and the signatories to the Montreal Protocol.