Decision XVII/33: Non-compliance with the Montreal Protocol by Fiji
The Seventeenth Meeting of the Parties decided in Dec. XVII/33:
- To note that Fiji ratified the Montreal Protocol on 23 October 1989, the London Amendment on 9 December 1994 and the Copenhagen Amendment on 17 May 2000, 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 June 1993. The Executive Committee has approved $542,908 from the Multilateral Fund to enable the Party’s compliance in accordance with Article 10 of the Protocol;
- To note also that Fiji’s baseline for the controlled substance in Annex E (methyl bromide) is 0.6710 ODP-tonnes. As the Party reported consumption of methyl bromide of 1.506 ODP-tonnes in 2003 and 1.609 ODP-tonnes in 2004, it was in non-compliance with its obligations under Article 2H of the Montreal Protocol in those years;
- To note with appreciation Fiji’s submission of a plan of action to ensure a prompt return to compliance with the Protocol’s methyl bromide control measures and to note that, under the plan, without prejudice to the operation of the financial mechanism of the Protocol, Fiji specifically commits itself:
- To reduce methyl bromide consumption from 1.609 ODP-tonnes in 2004 as follows:
- To 1.5 ODP-tonnes in 2005;
- To 1.3 ODP-tonnes in 2006;
- To 1.0 ODP-tonnes in 2007;
- To 0.5 ODP-tonnes in 2008;
- To monitor its existing system for licensing imports and exports of ozone-depleting substances;
- To commence implementation of a methyl bromide import quota system in 2006;
- To reduce methyl bromide consumption from 1.609 ODP-tonnes in 2004 as follows:
- To note that the measures listed in paragraph 3 above should enable Fiji to return to compliance in 2008, and to urge Fiji to work with the relevant implementing agencies to implement the plan of action and phase out consumption of methyl bromide;
- To monitor closely the progress of Fiji with regard to the implementation of its plan of action and the phase-out of methyl bromide. 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, Fiji 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 Fiji, 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 bromide 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.