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Decision XVIII/24: Potential non-compliance in 2005 with the control measures of the Montreal Protocol governing consumption of the controlled substances in Annex A, group I, (CFCs) by Eritrea and request for a plan of action

  1. To note that Eritrea ratified the Montreal Protocol on 10 March 2005 and the London, Copenhagen, Montreal and Beijing Amendments on 5 July 2005 and is classified as a Party operating under paragraph 1 of Article 5 of the Protocol. The Executive Committee of the Multilateral Fund for the Implementation of the Montreal Protocol has approved $106,700 from the Multilateral Fund to enable the Party’s compliance in accordance with Article 10 of the Protocol;
  2. To note that Eritrea has reported annual consumption for the controlled substances in Annex A, group I, (CFCs) for 2005 of 30.220 ODP-tonnes, which exceeds the Party’s maximum allowable consumption level of 20.574 ODP-tonnes for those controlled substances for that year, and that in the absence of further clarification Eritrea is therefore presumed to be in non‑compliance with the control measures under the Protocol;
  3. To request Eritrea to submit to the Secretariat, as a matter of urgency and no later than 31 March 2007, for consideration by the Implementation Committee under the Non-compliance Procedure of the Montreal Protocol at its next meeting, an explanation for its excess consumption, together with a plan of action with time-specific benchmarks to ensure a prompt return to compliance. Eritrea may wish to consider including in its plan of action the establishment of import quotas to support the phase-out schedule, a ban on imports of ozone‑depleting‑substance‑using equipment and policy and regulatory instruments that will ensure progress in achieving the phase-out;
  4. To monitor closely the progress of Eritrea with regard to the phase-out of CFCs. To the degree that the Party is working towards and meeting the specific Protocol control measures, it should continue to be treated in the same manner as a Party in good standing. In that regard, Eritrea should continue to receive international assistance to enable it to meet its commitments in accordance with item A of the indicative list of measures that may be taken by a Meeting of the Parties in respect of non‑compliance. Through the present decision, however, the Meeting of the Parties cautions Eritrea, in accordance with item B of the indicative list of measures, that, in the event that it fails to return to compliance in a timely manner, the Meeting of the Parties will consider measures consistent with itemC of the indicative list of measures. Those measures may include the possibility of actions available under Article4, such as ensuring that the supply of CFCs that are the subject of non‑compliance is ceased so that exporting Parties are not contributing to a continuing situation of non‑compliance;