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Inter Press Service via COMTEX

NEW DELHI, India, 14 October 2001  -- Environmental investigators say transit facilities provided to landlocked Nepal are being misused to smuggle vast quantities of ozone-unfriendly chemicals into neighboring India, undermining a phase-out program mandated under the Montreal Protocol. There is well-documented evidence showing a thriving contraband trade in ozone-depleting substances, particularly the refrigerant CFC into India from Nepal as part of a wider international trade, the Environment Investigation Agency (EIA), a London-based independent body, revealed Oct. 12. "This is undermining India's efforts to control the trade and phase-out its own production of these harmful chemicals in accordance with the global effort to eliminate ozone depleting substances (ODS) under the Montreal Protocol," said Debbie Banks, senior campaigner for EIA. The 1987 Montreal Protocol is now ratified by 176 countries, of which about 130 are developing countries. Under the Protocol, ODS are to be reduced and eliminated through the development of substitutes and alternative manufacturing processes by 2010. The main groups of chemicals covered by the Montreal Protocol are chlorofluorocarbons (CFCs), carbon tetrachloride, methyl chloroform, hydrochlorofluorocarbons (HCFCs), hydrobromofluorocarbons (HBFCs), bromochloromethane, and methyl bromide. According to the EIA, smuggling is the reason for hundreds of tonnes of illegal ODS entering India each year. Between early 1999 and March 2000 more than 800 tonnes of ODS including CFC's were smuggled into India, totaling 12 percent of national consumption and signifying heavy losses for the national treasury. Under a transit treaty, India provides Nepal port facilities at Calcutta and Haldia for Nepal's trade with third countries, including procedural and other concessions and 15 points of entry and exit on India-Nepal border and as many transit routes to Calcutta and Haldia. Though the international obligation is for one transit route to the sea, Nepal can also use west coast port facilities at Bombay and Kandla. In addition, India provides 22 entry and exit points along the India-Nepal border for bilateral trade and for Nepal-Nepal transit despite frequent complaints of smuggling. Nepal's import figures for ODS have now revealed serious discrepancies to the EIA. Between January 1999 and June 2000 Nepal imported more than 422 tonnes of ODS, although the country's official annual consumption under the Montreal Protocol is approximately 50 tonnes. EIA's investigations have discovered that much of this originally transits through India and is then turned around and smuggled back through border crossings such as Birganj and Biratnagar in vans, cycle rickshaws and other vehicles. Pakistan receives considerable quantities of smuggled ODS through its land borders with India but also receives bulk quantities from Greece, Italy and Spain with importers not declaring actual quantities or by declaring consignments as personal effects. The EIA has also documented smuggling activities in Bangladesh, and pointed to the recent seizure in the Indian city of Calcutta of 281 cylinders of ODS smuggled across the common border.

According to EIA campaigner Julian Newman, Indian officials seemed helpless to stem the steady flow of ODS into this country. "Many Indian officials are taking a brave stand against a flood of illegal trade, with individual dedicated customs and revenue intelligence officers making significant seizures. However this is a battle they cannot win unless it is matched with international cooperation and a new commitment on enforcement," Newman said. As in many other countries, legislation is in place but enforcement lax. Under the Agreement of Cooperation to Control Unauthorized Trade, Nepal and India are to cooperate with each other to prevent violation of each others' laws and prevent unauthorized trade. On the other hand under the 1950 Indo-Nepal Treaty of Peace and Friendship, border troops cannot be deployed in strength along their long common border, making enforcement difficult. "EIA is calling for the creation of an Illegal Trade Prevention Task Force within the Montreal Protocol, to bolster the efforts of countries such as India and ensure that the ozone layer is given every chance to recover," Newman said. Damage to the ozone layer caused by chemicals like CFC's and other ODS allow higher amounts of dangerous ultraviolet radiation to reach the Earth's surface. The ozone layer is currently at its most fragile state, with a record ozone hole discovered over Antarctica last year. Under the Montreal Protocol, the international convention controlling the trade in ODS, developing countries such as India and Nepal have to meet a series of deadlines to phase-out ODS with complete elimination by 2010. The new evidence was revealed as international delegates prepare for the 13th Montreal Protocol Meeting which is to be held in Colombo, Sri Lanka on 15-19 October.

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