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Decision XVII/26: Non-compliance with the Montreal Protocol by Azerbaijan

The Seventeenth Meeting of the Parties decided in Dec. XVII/26:

  1. To note that Azerbaijan ratified the Montreal Protocol, London and Copenhagen Amendments on 21 June 1996, and the Montreal Amendment on 28 September 2000, and is classified as a Party not operating under Article 5 of the Protocol. The Council of the Global Environment Facility has approved $6.867 million to enable Azerbaijan’s compliance;
  2. To note with appreciation that Azerbaijan has confirmed the introduction of a ban on the import of controlled substances in Annex A group I (CFCs), in accordance with decision XVI/21, but also note with concern that the Party did not achieve total phase out of these controlled substances by 1 January 2005 in accordance with that decision;
  3. To further note that Azerbaijan had expressed reservations as to its ability to enforce its import ban given its lack of expertise in the tracking of ozone-depleting substances, and recall that Azerbaijan was not able to fulfil its commitments contained in decision X/20 and decision XV/28 to achieve total phase-out of Annex A, group I, controlled substances (CFCs) by 1 January 2001 and 1 January 2003, respectively;
  4. To note with appreciation, however, the Party’s action in cooperation with UNEP to seek further assistance from the Global Environment Facility to address this situation and to request Azerbaijan to report to the Secretariat on the status of this initiative, in time for the Committee’s consideration at its next meeting;
  5. To agree, in the light of Azerbaijan’s recurrent inability to return to compliance with the Protocol in accordance with the decisions of the Meetings of the Parties and the Party’s reservations as to its capacity to enforce its newly introduced ban on the import of controlled substances in Annex A group I (CFCs), to request exporting Parties to assist Azerbaijan implement its commitment by ceasing export of those controlled substances to that Party, and to further caution Azerbaijan in accordance with item B of the indicative list of measures that, in the event that the Party does not achieve total phase out of Annex A, group I, controlled substances (CFC) by 1 January 2006, the Eighteenth Meeting of the Parties shall consider implementation of item C of the indicative measures, which could include action available under Article 4 to cease supply of Annex A, group I, controlled substances (CFCs) to Azerbaijan.