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Decision XXVIII/11: Non-compliance in 2014 by Guatemala with the provisions of the Montreal Protocol governing consumption of the controlled substances in Annex C, group I (hydrochlorofluorocarbons)

Noting that Guatemala ratified the Montreal Protocol on Substances that Deplete the Ozone Layer on 7 November 1989 and the London Amendment, the Copenhagen Amendment, the Montreal Amendment and the Beijing Amendment on 21 January 2002 and is classified as a party operating under paragraph 1 of Article 5 of the Protocol,

Noting also that the Executive Committee has approved $9,772,935 from the Multilateral Fund for the Implementation of the Montreal Protocol in accordance with Article 10 of the Protocol to enable Guatemala to achieve compliance with the Protocol,

  1. That the annual consumption reported by Guatemala for the controlled substances in Annex C, group I (hydrochlorofluorocarbons), of 4.74 ODP-tonnes in 2014 was inconsistent with its commitment set out in decision XXVI/16 to reduce consumption of hydrochlorofluorocarbons to no greater than 4.35 ODP-tonnes in that year and that the party was therefore in non-compliance with the consumption control measures for that substance under the Protocol for that year;
  2. To note with appreciation the submission by Guatemala of an explanation for its compliance situation and its correction of its hydrochlorofluorocarbon consumption to
    9.84 ODP-tonnes in 2013 and 4.74 ODP-tonnes in 2014, attributing the previous incorrect data to a technical error in computing the consumption of that substance in the country for those two years;
  3. To note also that despite the revision of its 2013 data the party remained in
    non-compliance with its hydrochlorofluorocarbon consumption obligations under the Protocol for 2013;
  4. To agree that the data corrections for 2013 and 2014 will not vary any of the benchmarks already recorded and agreed in decision XXVI/16;
  5. To note that Guatemala has reported data for 2015 that indicate that it has already returned to compliance with the Protocol’s hydrochlorofluorocarbon control measures and to congratulate Guatemala on that progress;
  6. To urge Guatemala to work with the relevant implementing agencies to implement the remainder of the plan of action in decision XXVI/16;

      7. To continue to monitor closely the progress of Guatemala with regard to the implementation of its plan of action and the phase-out of hydrochlorofluorocarbons. 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, Guatemala 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 the Meeting of the Parties in respect of non‑compliance;