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Decision XX/16: Non-compliance with the Montreal Protocol by Ecuador

Noting that Ecuador ratified the Montreal Protocol on 30 April 1990, the London Amendment on 23February 1993, the Copenhagen Amendment on 24 November 1993 and the Montreal Amendment on 16February 2007, 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 February 1992,

Noting also that the Executive Committee has approved $6,352,995 from the Multilateral Fund to enable Ecuador’s compliance with the Protocol in accordance with Article 10 of the Protocol,

Noting further that Ecuador has reported annual consumption of the controlled substances in AnnexE (methyl bromide) for 2007 of 122.4 ODP tonnes, which exceeds the Party’s maximum allowable consumption of 53.0 ODP tonnes for the controlled substance for that year, and that Ecuador is therefore in non‑compliance with the control measures for methyl bromide under the Protocol for methyl bromide in 2007,

  1. To record with appreciation Ecuador’s submission of a plan of action to ensure its prompt return to compliance with the Protocol’s methyl bromide control measures under which, without prejudice to the operation of the financial mechanism of the Protocol, Ecuador specifically commits itself:
    1. To reducing methyl bromide consumption to no greater than:
      1. 52.8 ODP tonnes in 2008 and in each subsequent calendar year until 2014;
      2. Zero ODP tonnes in 2015, save for critical uses that may be authorized by the Parties;
    2. To monitoring its import and export licensing system for ozone‑depleting substances;
  2. To urge Ecuador to work with the relevant implementing agencies to implement its plan of action to phase out consumption of methyl bromide;
  3. To monitor closely the progress of Ecuador 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 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, Ecuador 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;
  4. To caution Ecuador 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 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 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;