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Decision XVII/28: Non-compliance with the Montreal Protocol by Bosnia and Herzegovina

The Seventeenth Meeting of the Parties decided in Dec. XVII/28:

  1. To note that Bosnia and Herzegovina ratified the Montreal Protocol on 1 September 1993 and the London, Copenhagen and Montreal amendments on 11 August 2003, 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 in March 1999. The Executive Committee of the Multilateral Fund for the Implementation of the Montreal Protocol has approved $2,900,771 from the Multilateral Fund to enable the Party’s compliance in accordance with Article 10 of the Protocol;
  2. To note also that Bosnia and Herzegovina’s baseline for the controlled substance in Annex B, group III (methyl chloroform), is 1.548 ODP-tonnes. As the Party reported consumption of 3.600 ODP-tonnes of methyl chloroform in 2003 and consumption of 2.44 ODP-tonnes of methyl chloroform in 2004, it was in non-compliance with its obligations under Article 2E of the Montreal Protocol;
  3. To note with appreciation Bosnia and Herzegovina’s submission of a plan of action to ensure a prompt return to compliance with the Protocol’s methyl chloroform control measures, and to note that, under the plan, without prejudice to the operation of the financial mechanism of the Protocol, Bosnia and Herzegovina specifically commits itself:
    1. To reduce methyl chloroform consumption from 2.44 ODP-tonnes in 2004 as follows:
      1. To 1.3 ODP-tonnes in 2005;
      2. To zero ODP-tonnes in 2006, save for essential uses that may be authorized by the Parties after 1 January 2015;
    2. To establish a system for licensing imports and exports of ozone-depleting substances, which includes import quotas, by the end of January 2006;
  4. To note that the measures listed in paragraph 3 above should enable Bosnia and Herzegovina to return to compliance in 2006 and to urge Bosnia and Herzegovina to work with the relevant implementing agencies to implement its plan of action and phase out consumption of the controlled substance in Annex B, group III;
  5. To monitor closely the progress of Bosnia and Herzegovina with regard to the implementation of its plan of action and the phase-out of methyl chloroform. 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, Bosnia and Herzegovina 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 Bosnia and Herzegovina, 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 Article 4, such as ensuring that the supply of methyl chloroform that is the substance that is the subject of non-compliance is ceased so that exporting Parties are not contributing to a continuing situation of non-compliance.