Where are we on the Montreal Protocol?

Where are we on the Montreal Protocol?

RITURAJ PHUKAN

The 48th meeting of the Open-ended Working Group(OEWG 48)took place in Bangkok, Thailand, from 13–17 July 2026, with more than 530 registered participants from governments, international organizations, academia, industry, and civil society. Parties also convened the sixth extraordinary Meeting of the Parties, where they resolved the outstanding membership of the Implementation Committee and approved its members by acclamation.

For nearly four decades, the Montreal Protocol on Substances that Deplete the Ozone Layer has adapted to scientific advances, technological change, and emerging implementation challenges. After eliminating many ozone-depleting substances (ODS), the Protocol is now completing the phase-out of hydrochlorofluorocarbons (HCFCs) while implementing the Kigali Amendment’s phase-down of hydrofluorocarbons (HFCs). Sustaining this progress will require adequate financing, accessible alternatives, reliable monitoring, and institutions equipped to manage a growing workload.

Concerns about the threat that chlorofluorocarbons (CFCs) and other human-made substances posed to the Earth’s stratospheric ozone layer first emerged in the early 1970s. Scientists warned that, once released into the atmosphere, these substances could deplete the ozone layer and reduce its ability to block harmful ultraviolet (UV) radiation from reaching the Earth. Such depletion could damage ocean ecosystems, reduce agricultural productivity, harm animal populations, and increase human health risks, including skin cancers, cataracts, and weakened immune systems.

The United Nations Environment Programme (UNEP) conference adopted the World Plan of Action on the Ozone Layer and established a Coordinating Committee to guide future international action in 1977. In 1981, negotiations commenced for an international agreement to protect the ozone layer under UNEP. The Vienna Convention for the Protection of the Ozone Layerwas adopted in March 1985 to promote cooperation on monitoring, research, and data exchange, but does not require reductions in ODS use. It has 198 Parties, reflecting universal ratification, and Parties meet every three years.

[ Montreal Protocol U.S. Secretary of State John Kerry (centre left, at podium) addressing the 28th Meeting of the Parties to the Montreal Protocol on Substances That Deplete the Ozone Layer, held in Kigali, Rwanda, October 14, 2016. ]

In September 1987, negotiations on binding commitments to reduce ODS use culminated in the adoption of the Montreal Protocol, which entered into force in January 1989. The Protocol established control measures for certain CFCs and halons for developed countries, known as non-Article 5 Parties. Developing countries, or Article 5 Parties, received a grace period that allowed them to increase ODS use before assuming commitments. The Protocol has 198 Parties.

Since 1987, Parties have adopted several amendments and adjustments that added obligations, brought additional ODS under control, and revised existing control schedules. Amendments enter into force only after ratification by a specified number of Parties, while adjustments take effect automatically.

At the 28^thMeeting of the Parties to the Protocol (MOP28), held in Kigali, Rwanda, in 2016, delegates agreed to an amendmentto include HFCs as part of its ambit and to set phase-down schedules for HFCs. HFCs are produced as replacements for HCFCs and are therefore a result of ODS phase-out. HFCs are not a threat to the ozone layer but have a very high global-warming potential. The Kigali Amendment entered into force on 1 January 2019.

During the OEWG 48 last week, delegates were briefedon the financial, technological, and practical aspects of implementing the Protocol. Much of the attention centred on the initial assessment of the Technology and Economic Assessment Panel (TEAP) regarding thefunding needs for the 2027–2029 replenishment of the Multilateral Fund for the Implementation of the Montreal Protocol (MLF). Parties also reviewed technical developments and institutional issues that will shape negotiations at the 38th Meeting of the Parties to the Protocol (MOP 38) in November 2026.

Many hoped 2026 would bring universal ratification of the Kigali Amendment and enable the most effective HFC phase-down. With 173 ratifications so far, the Amendment remains 25 short of universality midway through its 10th anniversary year.Without universal ratification, the Kigali Amendment not only trails other Montreal Protocol amendments but also makes future planning more difficult.

Delegates agreed to forward a draft decision on Steam Plasma Arc technology for destroying controlled substances to MOP 38 and developed guidance for TEAP’s supplementary report on MLF replenishment. Lesotho withdrew its proposal for further scientific and technical assessment of nitrous oxide, while noting that it may raise the issue again at a future meeting.

Other issues addressed during the week included:

1. continued use of halon 1301 in civil aviation;
2. metered-dose inhalers with low-global-warming-potential propellants;
3. options for reorganizing TEAP and its TOCs;
4. approval of a new destruction technology;
5. enhanced regional atmospheric monitoring of controlled substances;
6. stronger institutions and measures to address illegal trade;
7. the viability of Protocol operations and the frequency and organization of meetings;
8. participation of the Central Asian States in the Eastern European States group;
9. implementation needs of low-volume- and very-low-volume-consuming countries; and
10. possible future consideration of nitrous oxide.

The session also raised broader questions about the Protocol’s future. How can Parties ensure the next MLF replenishment reflects realistic implementation needs, including the circumstances of low-consuming countries? How can the Protocol manage rising workloads and financial constraints without limiting participation or ambition? How should it strengthen licensing and enforcement systems without adding burdens for developing countries? And how should its scientific and technical bodies be organized to address an expanding range of issues? The discussions at OEWG 48 signal significant negotiations ahead at MOP 38, where Parties will also mark the Kigali Amendment’s tenth anniversary.

Source: Earth Negotiations Bulletin, International Institute for Sustainable Development.

MAHABAHU MIRROR

RITURAJ PHUKAN : Founder, Indigenous People’s Climate Justice Forum; Co-Founder, Smily Academy ;National Coordinator for Biodiversity, The Climate Reality Project India; Member, IUCN Wilderness Specialist Group; Commission Member – IUCN WCPA Climate Change, IUCN WCPA Connectivity Conservation, IUCN WCPA Indigenous People and Protected Areas Specialist Groups, IUCN WCPA South Asia Region and IUCN WCPA-SSC Invasive Alien Species Task Force; Member, International Antarctic Expedition 2013; Climate Force Arctic 2019 ; Ambassador, Marine Arctic Peace Sanctuary. Rituraj Phukan is the Climate Editor, Mahabahu and the  Convenor, Mahabahu Climate Forum.

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