Ozone Levels Drop in Philippines Due to Pollution

In July 2023, Philippine authorities seized over 7,200 kilograms of illegal ozone-depleting substances (ODS) in two separate incidents, including 4,080 kg of HCFC-22 and 3,180 kg of HCFC-141B from a single shipment originating from China. These chemicals, used primarily in refrigeration and air conditioning, directly attack the stratospheric ozone layer that shields the planet from harmful ultraviolet radiation. The seizures highlight a persistent challenge: even as global efforts to heal the ozone layer show measurable progress, illegal trade and weak enforcement continue to undermine those gains in the Philippines.

The country has ratified every major amendment to the Montreal Protocol, the landmark 1987 treaty designed to phase out ODS, and has received over US$41 million in funding from the Multilateral Fund to support its transition. Yet the gap between policy and practice remains wide. Understanding why illegal shipments keep arriving, what substances are involved, and how the regulatory system responds matters for anyone working in the refrigeration, air conditioning, or import-export sectors — and for anyone concerned about whether the Philippines is meeting its international commitments.

These figures only represent cases that were detected and reported. The actual volume of illegally traded ODS entering the country is likely higher, given the difficulty of inspecting every container at Philippine ports. The pattern — shipments misdeclared, hidden behind layers of legal goods, or brought in without required permits — suggests a systemic vulnerability that enforcement agencies are still working to close. For context on how broader waste and pollution challenges compound these issues, the country’s ongoing struggle with solid waste management creates parallel enforcement and infrastructure pressures.

How Ozone-Depleting Substances Enter the Philippine Market

The core problem is straightforward: the Montreal Protocol has successfully reduced global production of ODS, but existing equipment in the Philippines still requires these chemicals for servicing and maintenance. When legal supplies shrink and prices rise, the incentive to smuggle grows. The HCFC phase-out management plan (HPMP), funded with US$2.7 million and implemented by UNIDO, is designed to manage this transition, but its success depends on parallel enforcement that has not always kept pace.

Five Documented Cases of Illegal ODS Trade

The UNEP Ozone Secretariat records five confirmed illegal trade cases involving the Philippines between 2003 and 2023. Each case reveals a different method of circumvention and a different enforcement response. Together, they paint a picture of an evolving cat-and-mouse game between regulators and importers.

The earliest case, from May 2003, involved 2,076 disposable cylinders of CFC-12 and HCFC-22 concealed in two container vans. Inspectors found boxes of CFC-12 hidden behind layers of HCFC-22 boxes — the first two layers were legal, the rest were not. The shipment was forfeited, the importer fined 50,000 pesos, and their certificate of registration and import permit revoked. That same year, another shipment of 1,140 cylinders of CFC-12 was apprehended after the importer applied for a license to import HFC-134a but instead brought in CFC-12, packed and labelled as the legal substance with no brand name or manufacturer information.

More recent cases show the same pattern persisting. In May 2022, 3,390 kg of R-507A — a hydrofluorocarbon (HFC) now regulated under the Kigali Amendment — arrived without the required Certificate of Registration and Pre-Shipment Importation Clearance from the Environmental Management Bureau (EMB). The EMB Region VII office and the Bureau of Customs conducted an inspection and issued a Notice of Violation. In July 2023, two separate seizures occurred: one involving 4,080 kg of HCFC-22 and 3,180 kg of HCFC-141B for possession of unregistered brands, and another involving 1,523.2 kg of HCFC-22 and 13.5 kg of HCFC-141B. The Philippines has also requested China to investigate suppliers in at least one case, indicating the cross-border nature of the problem. For a deeper look at how industrial pollution affects environmental health more broadly, the impact of factory waste on Filipino water sources follows a similar enforcement challenge pattern.

What Gets Missed in the Public Conversation

Most discussions about ozone protection focus on the success of the Montreal Protocol — and rightly so. The ozone layer is healing. But the Philippine experience reveals several nuances that complicate that narrative.

The Kigali Amendment Adds a New Layer of Complexity

The Philippines ratified the Kigali Amendment in November 2022, which extends the Montreal Protocol to cover hydrofluorocarbons (HFCs). HFCs do not deplete the ozone layer, but they are potent greenhouse gases. This means the regulatory framework now has to manage two parallel transitions: phasing out remaining ODS while also controlling HFCs. The country established an HFC licensing system in December 2022, but the 2022 seizure of R-507A — an HFC — shows that enforcement is still catching up. Importers who were accustomed to bringing in ODS may simply shift to smuggling HFCs if the cost of compliance is higher than the risk of getting caught.

Illegal Trade Figures Likely Understate the Problem

The five reported cases represent only those that were detected, documented, and submitted to the UNEP Ozone Secretariat. Many more shipments may go undetected. The 2003 case where a shipment was found to contain a mixture of 30.7% HFC-134a, 9.9% CFC-12, 48.3% HCFC-22, and 11.1% hydrocarbon — instead of pure HFC-134a as declared — illustrates how sophisticated misdeclaration can be. Without mandatory testing of every container, some percentage of illegal shipments will always pass through. The EMB’s reliance on its Online Permitting and Monitoring System (OPMS) is a step forward, but it only flags discrepancies in documentation, not physical content.

Funding Disbursement Lags Behind Approval

As of December 2024, the Philippines had received US$37.5 million in disbursements from the Multilateral Fund, against US$41 million approved. That gap of roughly US$3.5 million may reflect administrative delays, project implementation challenges, or reporting lags. Whatever the cause, it means that some planned activities — training for customs officers, refrigerant recovery programs, or conversion of manufacturing facilities — may be moving slower than intended. The HPMP funding of US$2.7 million and institutional strengthening projects worth US$479,930 are relatively modest sums, and their effectiveness depends on consistent execution.

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What stands out across all five cases is the consistent origin: China appears as the exporting country in every instance where origin is specified. This points to a supply-side dynamic that Philippine enforcement alone cannot address. International cooperation — including the information-sharing mechanisms under the Montreal Protocol — is essential, but the Philippines has only formally requested China’s assistance in one case so far. For a broader perspective on how pollution enforcement intersects with social inequality, the Philippine pollution crisis and its inequity provides relevant context.

What Businesses and Importers Need to Know

For companies involved in refrigeration, air conditioning, foam manufacturing, or chemical importing, the regulatory environment is tightening. Understanding the requirements and consequences is not optional — it is a matter of legal and financial risk.

Licensing and Permits Are Non-Negotiable

Any importer of ODS or HFCs must secure a Certificate of Registration and a Pre-Shipment Importation Clearance from the Environmental Management Bureau before the shipment arrives. The 2022 R-507A case shows what happens when these documents are missing: the shipment is inspected, a Notice of Violation is issued, and the goods cannot be moved or sold pending investigation. The process involves registering with the EMB’s Online Permitting and Monitoring System (OPMS), submitting the required documentation, and waiting for approval before the cargo leaves the port of origin. Importers should budget at least 2–4 weeks for this process and factor in potential delays.

Penalties Include Fines, Forfeiture, and License Revocation

The 2003 case set a precedent: a 50,000-peso fine, forfeiture of the entire shipment, and revocation of the importer’s certificate of registration and permit to import. For a business, that means losing not just the value of the seized goods but also the ability to operate legally in the sector. The more recent cases have resulted in Notices of Violation, but the underlying legal framework — particularly DAO 2021-31, the Chemical Control Order for Hydrofluorocarbons — provides for escalating penalties. Repeat violations could lead to criminal charges under the Philippine Clean Air Act and related environmental laws.

Transition to Alternatives Is Underway

The HPMP and Kigali Amendment implementation mean that HCFCs and high-global-warming-potential HFCs are being phased out on a fixed schedule. Businesses that rely on these substances should begin evaluating alternatives now — natural refrigerants like ammonia, carbon dioxide, and hydrocarbons, or lower-GWP HFCs. The EMB and its partners, including GIZ and UNIDO, have conducted training and site visits (such as the strategic site visit to the Bosch facility) to demonstrate viable alternatives. Waiting until the phase-out deadline forces a conversion will be more expensive and riskier than planning ahead.

• 1
  Register with EMB’s OPMS

  Create an account and submit company credentials, including SEC registration, mayor’s permit, and proof of technical capability to handle ODS/HFCs.

• 2
  Apply for Pre-Shipment Clearance

  For each shipment, submit the purchase order, supplier details, substance type and volume, and intended use. Approval must be secured before the cargo departs.

• 3
  Coordinate with Bureau of Customs

  Ensure all EMB clearances are attached to the customs declaration. Physical inspection may be required; have a refrigerant identifier available if requested.

• 4
  Maintain Records and Report Annually

  Keep records of all imports, sales, and disposal of ODS/HFCs for at least five years. Submit annual consumption reports to EMB as required under the licensing system.

For businesses that have already been issued a Notice of Violation, the path forward involves cooperating fully with EMB investigators, securing the goods as directed, and rectifying the documentation gaps. In some cases, the EMB may allow the shipment to be re-exported rather than forfeited, but this is decided on a case-by-case basis. The broader lesson is that the regulatory framework is becoming more sophisticated — the OPMS system, the HFC licensing system established in 2022, and the partnership between EMB and the Bureau of Customs all point toward tighter enforcement ahead. The waste management crisis in the Philippines shares similar enforcement and infrastructure challenges that compound environmental risks across sectors.

Frequently Asked Questions

What to Watch For Next

The next few years will determine whether the Philippines can close the gap between its international commitments and on-the-ground enforcement. The Kigali Amendment’s HFC phasedown schedule begins in 2024 for developing countries, meaning import quotas will shrink annually. Businesses that have not yet started transitioning to alternatives will face increasing pressure. At the same time, the EMB’s partnership with the Bureau of Customs appears to be strengthening, and the OPMS system provides a digital audit trail that did not exist a decade ago. The question is whether enforcement capacity — inspectors, refrigerant identifiers, laboratory testing — can scale up fast enough to match the sophistication of illegal traders. If this was useful, you might also want to read how marine pollution connects to broader environmental enforcement challenges.

Sources

Loyzaga on collective action against plastic pollution — Explores the societal coordination needed to address pollution, relevant to the enforcement gaps discussed in this article.

Philippines country profile — ODS consumption and illegal trade data. UNEP Ozone Secretariat, accessed 2025.

EMB-POD events and enforcement updates. Environmental Management Bureau – Pollution Adjudication Board, 2025.