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Decision XX/19: Non-compliance with the provisions of the Montreal Protocol in respect of consumption of the controlled substances in Annex A, groups I (chlorofluorocarbons) and II (halons) by Somalia

Noting that Somalia ratified the Montreal Protocol and its London, Copenhagen, Montreal and Beijing Amendments on 1 August 2001 and is classified as a Party operating under paragraph 1 of Article 5 of the Protocol,

Noting also that Somalia has no country programme that has been approved by the Executive Committee of the Multilateral Fund for the Implementation of the Montreal Protocol,

Acknowledging the serious challenges faced by Somalia in implementing its obligations under the Montreal Protocol and also acknowledging the progress made by the Party in spite of those challenges,

Noting that Somalia has reported annual consumption for the controlled substances in Annex A, group I (chlorofluorocarbons), for the year 2007 of 79.5 ODP tonnes, which exceeds the Party’s maximum allowable consumption level of 36.2 ODP tonnes for those controlled substances for that year, and that in the absence of further clarification Somalia is therefore presumed to be in non‑compliance with the control measures under the Protocol,

Noting also that Somalia reported annual consumption for the controlled substances in AnnexA, group‑II (halons), for 2006 of 18.8 ODP tonnes and 13.2 ODP tonnes for 2007, which exceeds the Party’s maximum allowable consumption of 8.8 ODP tonnes for those controlled substances for those years and that Somalia was therefore in non‑compliance with the control measures for halons under the Protocol,

  1. To note with appreciation Somalia’s submission of a plan of action to ensure its prompt return to compliance with the Protocol’s halon control measures under which, without prejudice to the operation of the financial mechanism of the Protocol, Somalia specifically commits itself:
    1. To reducing halon consumption to no greater than:
      1. 9.4 ODP tonnes in 2008;
      2. 9.4 ODP tonnes in 2009;
      3. Zero ODP tonnes in 2010, save for essential uses that may be authorized by the Parties;
    2. To introducing a system for licensing the imports and exports of ozone‑depleting substances, including import quotas, by the end of December 2009;
  2. To request Somalia to submit to the Secretariat, as a matter of urgency and no later than 31March 2009, for consideration by the Implementation Committee at its next meeting, a plan of action with time-specific benchmarks to ensure the Party’s prompt return to compliance with its consumption of chlorofluorocarbons;
  3. To urge Somalia to work with the relevant implementing agencies to implement its plan of action to phase out consumption of halons and implementation of its licensing system and to participate in regional network activities;
  4. To request the Executive Committee, without prejudice to the operation of the financial mechanism, to consider innovative ways of assisting the Party, through the implementing agencies of the Multilateral Fund, to implement its plan of action to phase out halons and to implement its licensing system, including, but not limited to, awareness-raising, institutional strengthening and technical assistance;
  5. To monitor closely the progress of Somalia with regard to the implementation of its plan of action to phase-out halons and the implementation of its licensing system;
  6. 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, Somalia 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;
  7. To caution Somalia 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 halons that are the subject of non‑compliance is ceased so that exporting Parties are not contributing to a continuing situation of non‑compliance;