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Decision XVIII/31: Non-compliance with the Montreal Protocol by Pakistan

  1. To note that Pakistan ratified the Montreal Protocol and the London Amendment on 18December 1992, the Copenhagen Amendment on 17 February 1995 and the Montreal and Beijing Amendments on 2 September 2005, is classified as a Party operating under paragraph 1 of Article 5 of the Protocol and had its country programme approved by the Executive Committee of the Multilateral Fund for the Implementation of the Montreal Protocol in 1996. The Executive Committee has approved $20,827,626 from the Multilateral Fund to enable Pakistan’s compliance in accordance with Article 10 of the Protocol;
  2. To note further that Pakistan has reported annual consumption for the Annex B, groupII, controlled substance (carbon tetrachloride) for 2005 of 148.500 ODP-tonnes, which exceeds the Party’s maximum allowable consumption level of 61.930 ODP-tonnes for that controlled substance for that year, and that Pakistan is therefore in non‑compliance with the control measures for carbon tetrachloride under the Protocol;
  3. To note with appreciation Pakistan’s submission of a plan of action to ensure a prompt return to compliance with the Protocol’s carbon tetrachloride control measures and to note that, under the plan, without prejudice to the operation of the financial mechanism of the Protocol, Pakistan specifically commits itself:
    1. To reduce carbon tetrachloride consumption from 148.500 ODP-tonnes in 2005 to 41.800 ODP-tonnes in 2006;
    2. To monitor its system for licensing the import and export of ozone‑depleting substances, which includes import quotas;
  4. To note that the measures listed in paragraph 3 above should enable Pakistan to return to compliance with the Protocol in 2006 and to urge Pakistan to work with the relevant implementing agencies to implement its plan of action to phase out consumption of carbon tetrachloride; 5. To monitor closely the progress of Pakistan with regard to the implementation of its plan of action and the phase-out of carbon tetrachloride. 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, Pakistan should continue to receive international assistance to enable it to meet those 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 Parties caution Pakistan, in accordance with item B of the indicative list of measures, that, in the event that it fails to remain in compliance, the Parties will consider measures consistent with item C of the indicative list of measures. Those measures may include the possibility of actions available under Article4, such as ensuring that the supply of carbon tetrachloride that is the subject of non‑compliance is ceased so that exporting Parties are not contributing to a continuing situation of non‑compliance;