Skip to main content

Decision VI/5: Status of certain Parties vis-à-vis Article 5 of the Protocol

The Sixth Meeting of the Parties decided in Dec. VI/5 to adopt the following principles regarding treatment of classified and reclassified developing country Parties:

  1. The Secretariat should continue to classify, in absence of complete data, developing countries temporarily as operating or not operating under Article 5 based on the information available to the Secretariat, subject to the conditions that:
    1. The Secretariat encourages these Parties to approach the Executive Committee and the Implementation Committee for assistance in establishing accurate data;
    2. A country may only be classified temporarily as operating under Article 5 for a period of two years applicable from the time of adoption of the present decision. After this period, Article 5 status can no longer be extended without data reporting as required by the Protocol, unless the country has sought the assistance of the Executive Committee and the Implementation Committee. In this case, the extension period shall not exceed two years;
    3. A developing country temporarily classified as operating under Article 5 would lose the status if it does not report base-year data as required by the Protocol within one year of the approval of its country programme and its institutional strengthening by the Executive Committee, unless otherwise decided by a Meeting of the Parties;
  2. The Executive Committee will consider projects from Parties temporarily classified as operating under Article 5. The projects approved when such temporary classification is operative will continue to be funded even if the countries subsequently are reclassified as not operating under Article 5 on receipt of data. However, no project will be sanctioned during a period during which the country is classified as not operating under Article 5;
  3. Parties may be allowed to correct the data submitted by them in the interest of accuracy for a given year but no change of classification will be permitted for that year pertaining to which the data has been corrected. Any such corrections should be accompanied by an explanatory note to facilitate the work of the Implementation Committee;
  4. Regarding developing-country Parties which are initially classified as not operating under Article 5 and then reclassified, any outstanding contribution to the Multilateral Fund will be disregarded, only for the years in which they are reclassified as operating under Article 5. Any Party reclassified as operating under Article 5 will be allowed to utilize the remainder of the ten-year grace period;
  5. Any developing-country Party initially classified as non-Article 5 but reclassified subsequently as operating under Article 5 shall not be requested to contribute to the Multilateral Fund. Such Parties are urged not to request financial assistance for national programmes from the Multilateral Fund but may seek other assistance under Article 10 of the Montreal Protocol. This will not apply if the initial classification of the Party as non-Article 5, made in the absence of complete data, is subsequently proved to be wrong on the basis of complete data.