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Decision XVIII/32: Non-compliance in 2005 with the control measures of the Montreal Protocol governing consumption of the controlled substances in Annex A, group I, (CFCs) and Annex B, group II, (carbon tetrachloride) by Paraguay and request for a plan of action

  1. To note that Paraguay ratified the Montreal Protocol and its London Amendment on 3 December 1992, the Copenhagen and Montreal Amendments on 27 April 2001 and the Beijing Amendment on 18 July 2006, 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 February 1997. The Executive Committee has approved $1,768,840 from the Multilateral Fund to enable Paraguay’s compliance in accordance with Article 10 of the Protocol;
  2. To note further that Paraguay has reported annual consumption for the controlled substance in Annex A, group I, (CFCs) for 2005 of 250.748 ODP-tonnes, which exceeds the Party’s maximum allowable consumption level of 105.280 ODP-tonnes for that controlled substance for that year, and that Paraguay is therefore in non‑compliance with the CFC control measures under the Protocol;
  3. 3. To note also that Paraguay has reported annual consumption for the controlled substance in Annex B, group II, (carbon tetrachloride) for 2005 of 6.842 ODP-tonnes, which exceeds the Party’s maximum allowable consumption level of 0.090 ODP-tonnes for that controlled substance for that year, and that Paraguay is therefore in non‑compliance with the carbon tetrachloride control measures under the Protocol;
  4. To request Paraguay 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, a plan of action with time‑specific benchmarks to ensure a prompt return to compliance. Paraguay may wish to consider including in its plan of action the establishment of import quotas to support the phase‑out schedule included in its plan of action and policy and regulatory instruments that will ensure progress in achieving phase-out;
  5. To monitor closely the progress of Paraguay with regard to the phase-out of carbon tetrachloride and 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, Paraguay 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 Paraguay, 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 carbon tetrachloride and CFCs that are the subject of non‑compliance is ceased so that exporting Parties are not contributing to a continuing situation of non‑compliance;