ENFORCEMENT OF THE ENVIRONMENTAL POLICY IN THE FIELD OF THE MONTREAL PROTOCOL IN THE CSFR 

MIROSLAV KOTASKA, VLADIMÍR REHÁCEK

1 INTRODUCTION

Environmental questions currently form one of the most important internal as well as international political problems calling for an increased attention of any state.

One of the most important problems of the environmental protection is the protection of the atmosphere. Adhering to undertakings of the Montreal Protocol concerning substances damaging the ozone layer and to its London refinement presents a basis for minimizing damages resulting from the reduction of the thickness of the ozone layer.

Already in the period of the directive political and economic regime, Czechoslovakia as a relatively advanced industrial country with its own production and consumption of compounds damaging the ozon layer, followed the development concerning the Vienna Treaty and Montreal Protocol and implemented certain, though if limited, porvisions necessary to prevent further damages to the ozone layer.

It is for example possible to remind that already since 1981, in Czechoslovakia, the use of carbon dioxide as a driving gas for aerosol products has been started. Mechanical spraying pumps have also been developed and patented in Czechoslovakia on the basis of own research results and their production has been started. Thus, the concumption of Freons in Czechoslovakia did not exceed 0,5 kg per citizen annually up to the end of the 1980's.

A specialized working site of the Czech Hydrometeorological Institute has also paricipated for 30 years in the observastion and research of the ozone layer within the scope of the monitoring project of the world Meteorological Organization (WMO). The solar and ozone observatory of this Institute in Hradec Králové is a part of the global monitoring network and it performs daily measurements of the total ozone amounts in the atmosphere.

All these activities, however, occurred without a deeper co-ordination by the state policy.

The attempts to co-ordinate these approaches can be observed only after 1987 in connection with the Vienna Treaty and Montreal Proctocol.

From the standpoint of the central planning system, an apprehesion was, however, encountered that by signing these documents, guaranties will originate, which could be hardly fulfilled by the central authorities. Thus, the works carried out for providing the Czechoslovak approach to the problems mentioned, were particularly aimed at the investigation of economic results.

A complex technical and economic analysis was elaborated, which indicated impacts particularly in the foreign currency and investment regions. The possibility of adhering to requirements of the Montreal Protocol was shown to be quite realistic, of course with high requirements for centrally assigned financial means for investments. On the other hand, the positive approach to the Montreal Protocol was shown to be more advantagenous than accepting of the hazard of negative economic impacts resulting from disregarding it.

Together with the approach to the Protocol, requirements occurred for introducing a number of subsequent provisions of the co-ordination, organization, research and production nature in the field of the state sphere as well as in particular organizations, since without their implementation, the production capacity of a great variety of goods containing substances damaging the ozone layer would be reduced by at least several milliards of Kcs annually. The state authorities, however, ever hesitated to implement the approach to the Montreal Protocol. Only the change of the political situation in the CSFR in the November 1989 essentially accelerated the attempts for the international cooperation in the field of ecology and also facilitated more rapid accepting of a decision concerning the approach to the Montreal Protocol.

2 THE ORGANIZATION OF FULFILLING THE VIENNA TREATY AND MONTREAL PROTOCOL

Even under new economic conditions, the importance and need of the role of the state in solving the regulation of the production and comsumption of substances damaging the ozone layer was shown.

In the CSFR, in accordance with the valid Constitution and Constitutional Laws, the formulation of the state ecological policy from the organinzation, legislative and international-law standpoints falls into the competence of the Federal Committee for Environment.

This central authority currently replaces the Federal Ministry of Environment from the standpoint of the international law and it organizes the fulfillment of tasks resulting for the CSFR from the internationally accepted treaties and documents. This particulary means the determination of further procedures in the relevant region of the time schedule of preliminary works, treatment of regulation schematic diagrams with respect to specific features of particular consumers of Freons in the CSFR, and preparation of legislative provisions with a possible consideration of legislative provisions with a possible consideration of economic tools for adhering to this international undertaking.

In the preparation of relevant provisions, the Federal Committee for Environment tightly cooperates with Republic authorities for environment - Ministry of Environment of the Czech Republic and Slovak Commission for Environment.

3 THE PRODUCTION AND CONSUMPTION OF SUBSTANCES DAMAGING THE OZONE LAYER IN THE CSFR

The CSFR does not belong to the group of the most important producers and consumers throughout the world: in spite of this, the production and consumption of compounds damaging the ozone layer is of importance.

The production of regulated Freons (types 11, 12 and 113) was of about 2 000 ton annually in 1986 to 1991, that of tetrachloromethane was of about 5 000 ton annually.

The consumption of Freons in the initial year of the regulation (1986) was about 7 000 ton/year and its portion of about 70% was covered by the import. Halones (20 to 50 ton/year) and methylchloroform (of about 250 t/year) are imported to cover the complete volume of their consumption.

The distribution of the consumption is similar to that in the other industrially advanced countries (driving gases for aerosols, coolants, blowing agents, cleaning means and solvents).

4 THE APPROACH TO PROVIDING THE MONTREAL PROTOCOL IN THE REGION OF THE STATE SPHERE

After joining the Montreal Protocol, a problem was encountered of implementing provisions necessary for fulfilling duties resulting from this document.

We believe that there is no uniform method for a further continuation in the signatory countries for providing the fulfillment of the Montreal Protocol. The provisions adopted should concern the economic as well as state sphere.

In the economic sphere, the producers, users and importers of the substances damaging the ozone layer will be forced to face technical problems and simultaneously to provide the economically most advantageous solution. In the market system, this duty will be imposed onto the organizations themeselves, in spite of the fact that a possibility of state subventions cannot be precluded in certain cases.

The task of the state authorities should parrticularly be the formation of legislative provisions, of the system for following and checking the undertakings accepted, the elaboration of basic data within the scope of the international co-operation, the mediation of the technical help and the assistance during its organization, the control of fulfilling undertakings, etc.

The policy of the state authoristies must be, of course, in argreement with the activity in the economic sphere.

We have primarily encoutered the requirement for the system approach, which could be employed to obtain a program including basic concepts considering the method of fulfilling the duties imposed by the Montreal Protocol.

The basic task of the system approach include the processing of the following items:

Particular points are stepwise being implemented in accordance with this concept.

A top controlling authority was established as an advisory board of the Federal Committee for Environment including representatives of the Committee and of further Ministries interested in this topic (particularly Republic Ministries of environment, industry, agriculture and economy), producers and big consumers, which is supposed to co-ordinate the whole problem in direction of the domestic as well as foreign economic sphere. It assigns relvant tasks, considers the provisions proposed and provides methodic guiding of the exucutive authorities.

The focus of interest is in the territory of the Czech Republic, where all the production and of about 80 to 85% of the Czechoslavak consumption are concentrated.

As the executive authority, we consider as purposeful establishing of two national centres providing the recording, balancing, regulating, controlling and informational activities.

Besides this, for solving the complicated replacement of Freones and halones in the cooling and anti-fire technique, we considered a proposal of establishing expert groups including specialists working in these branches as reasonable.

The group of specialists in the cooling techique also deals with the problem of the collection of coolants, of their recovery and recycling (including training of service technicians, issuing of licences for this activity, etc.).

We assume the following problems to be treated by the executive authority:

  1. Following of the production, consumption, import and export of compounds damaging the ozone layer.

  2. Processing or possibly control of these data, processing of summarizing balances for domestic central as well as foreign authorities (Federal Committee for Environment, UNEP).

  3. A cooperation in forming the regulation plan in accordance with the London Supplement to the Montreal Protocol.

  4. The informational activity concerning newly accepted undertakings and the supplement to the Montreal Protocol.

  5. Following of replacement for the compounds damaging the ozone layer and further data concerning this problem from foreign data bases.

  6. A program for informing the public about the danger resulting from the damage to the ozone layer and about provisions for avoiding the daily use of substances damaging this layer.

When treating the legislative, we considered different variants of approaches. Last, with respect to the association of the CSFR to the EC countries it was shown that the Czechoslovak legislative tools should be obligatorily prepared in agreement with the EC countries. At the end of 1991 a proposal of the Law concerning compounds damaging the ozone layer of the Earth was prepared., which was based on the COUNCIL REGULATION (EEC) No. 594/91 dated 4. 3. 1991.

The regulation in the CSFR accepts the term as well as volume restrictions of compounds damaging the ozone layer, identical with those in the EC countries.

A regulation plan has also been elaborated with respect to these conditions. First, the regulation of the production and use of aerosol products is included, after that the regulation of expanding agents for producing the expanded materials, of cleaning products and solvents and last, the replacement of coolants and limited use of regulated compounds for medical purposes is presented.

There was a considerable discussion concerning the methods of implementing the regulation. Possibilties were considered either of introducing a certain quota system for particular consumers or of implementing the regulation solely on the basis of legislative provisions and related Regulations.

After taking into account all the advantages and disadvantages with respect to the existing development of the consumption of substances damaging the ozone layer under the new economic conditons in the CSFR, we achieved a conclusion that the regulation solely with the help of suitable legislative provisions will be sufficient. Thus, the method is similar to those employed in the EC countries - see e.g. a Regulation concerning the prohibition of using certain halogenated hydrocarbons damaging the ozone layer, dated 6.5.1991, issued in the FRG.

We do not deny the possibility that the method used e.g. in the USA, co-ordinated by the Environmental Protection Ágency (EPA), where production and consumption permits are issued for the predetermined amounts, could also be used in our country. It would be, however, impossible to control particular directions of the use in the same manner due to unreadiness of our refrigeration industry to introduce a replacing coolant, so that resulting regalatiom scheme would be the same as in the first case. It would be, however, achieved in a much more complicated manner.

Even in the use of procedural regulations, it will be necessary to consider possible exceptions, e.g. in the case of sprays for asthmatic patients.

The following and control of the obligatory regulation of compounds damaging the ozone layer is anchored in the legislative. The producers, importers and consumers are due to keep relevant records and to submit relevant reports.

These reports are accumulated and evaluated by the executive authority, which elaborates on the basis of them summarizing balances for domestic central authorities and for the UNEP secretariate in Nairobi.

The data aubout the import have been yet obtained in the monopolistic importer Chemapol joint-stock Co.

With the degradation of the central management and with making possible the foreign trade activity for many furhter subjects it will be necessary to use custom authorities similarly as they are used in abroad. This approach was partially also recommended at the session of signatory countries of the Montreal Protocol in London in June 1990, where a conclusion was approved that the compounds damaging the ozone layer should occur in the statistical nomenclature as soon as possible.

Thus, the regulated substances should be included into the custom tariff of rates in a detailed classification according to Attachments to the Montreal Protocol.

5 A RECAPITULATION OF THE PROBLEM AND EXPERIENCE WITH INTRODUCING THE MONTREAL PROTOCOL IN PRACTICE

On Juni 21, 1990, the Government of the CSFR has approved the Montreal Protocol and since Dec 30, 1990, the CSFR officially became a party of this proctocol. On June 4, 1992, the Federal Government approved the Supplement to the Montreal Protocol, accepted in London in June 1990 and appointed the minister of the CSFR Government J. Vavrousek to implement provisions connected with accepting the changes and the Supplement to the Montreal Protocol, to elaborate a program of reducing the use of compounds damaging the ozone layer and to present reports to the Government about the implementation of this program. In addition to the above mentioned program, a proposal of the federal legislative was also prepared, which already considered new regulations of EC countries concerning compounds damaging the ozone layer issued in 1981 with respect to the association of the CSFR to EC countries.

During the elaboration of principles of the state policy concerning the Montreal Protocol, requirements were manifested for a cooperation and acquiring of experience in advanced signatory countries.

For this purpose, thanks to the Netherlands, which was willing to help very much, a project of the Czechoslovak-Holland cooperation wa established. Within the scope of this project, the Czechoslovak concept of the CSFR approach was conculted and the experience with introducing the Montreal Protocol in practice in different branches of the economy as well as in the state sphere was acquired.

The first practical experience with the approach of Czechoslovak organizations interested in fulfilling the Montreal Protocol can be considered as positive.

The enterprises altogether undrestand the need of the regulation of ecologically harmful substances and they prepare reserve solutions within the range of their possibilities. This is hindered by insufficient investment financial means, which were formerly assigned for similar cases by central state authorities. it is most simple to replace expanding agents and cleaning products, where the technology solution is not connected with high investment requirements and is being performed in a cooperation with a foreign supplier of the relevant technology. There is also a positive effect of the privatization process, during which the state enterprises change their owners in favour of the foreign particpation.

The replacement in the refrigeration industry will be complicated, since the introduction of new coolants is connected with high investments. The solution should be obviously also found in a cooperation with foreign partners, possibly also with granting a credit.

Nevertheless, with the beginning of the transition to the new economic conditions, particularly since 1991, in the CSFR, there is a strong decrease of the consumption of compounds damaging the ozone layer. As an illustation, it is possible to mention that in 1991, the consumption of the regulated Freons dropped to 42% of the initial value in 1986.

This was mostly due to the restructuralization of the production and market problems connected with the economic stagnation. However, thanks to an increased openness of the Czechoslovak economy to abroad, the Czechoslovak enterprises have already started to actively implement substitution methods, as e.g. the production of aerosol products with replacing propellents (propane-butane, air, etc.).

It is considered that the state policy in the regulation of substances damaging the ozone layer (as indicated in preceding chapters) will be completely implemented since the beginning of 1993. It will undoubtedly contribute to providing duties imposed by the Montreal Protocol.