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Decision XIX/23: Potential non-compliance in 2005 with the provisions of the Montreal Protocol governing consumption of the controlled substance in Annex E (methyl bromide) by Saudi Arabia and request for a plan of action

Noting that Saudi Arabia ratified the Montreal Protocol and its London and Copenhagen Amendments on 1 March 1993 and is classified as a Party operating under paragraph 1 of Article 5 of the Protocol,

Noting also that the Executive Committee of the Multilateral Fund for the Implementation of the Montreal Protocol has approved $65,000 from the Fund in accordance with Article 10 of the Protocol to enable Saudi Arabia’s compliance,

  1. That Saudi Arabia reported annual consumption for the controlled substance in Annex E (methyl bromide) for 2005 of 27.6 ODP-tonnes, which exceeds its maximum allowable consumption level of 0.5 ODP-tonnes for that controlled substance for that year, and is therefore presumed in the absence of further clarification to be in non‑compliance in 2005 with the control measures under the Montreal Protocol for methyl bromide;
  2. To request Saudi Arabia to submit to the Secretariat, as a matter of urgency and no later than 29 February 2008, for consideration by the Implementation Committee at its next meeting, an explanation for its excess consumption, together with a plan of action with time-specific benchmarks to ensure the Party’s prompt return to compliance. Saudi Arabia may wish to consider including in its plan of action the establishment of import quotas to support the phase-out schedule and policy and regulatory instruments that will ensure progress in achieving the phase-out;
  3. To monitor closely the progress of Saudi Arabia with regard to the phase-out of methyl bromide. To the degree that the Party is working toward 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, Saudi Arabia 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;
  4. To caution Saudi Arabia in accordance with item B of the indicative list of measures that may be taken by a Meeting of the Parties in respect of non-compliance 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 the methyl bromide that is the subject of non‑compliance is ceased so that exporting Parties are not contributing to a continuing situation of non‑compliance;