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Decision XXV/11: Non-compliance with the Montreal Protocol by France

Noting that France ratified the Montreal Protocol on Substances that Deplete the Ozone Layer on 28 December 1988, the London Amendment on 12 February 1992, the Copenhagen Amendment on 3 January 1996 and the Montreal and Beijing amendments on 25 July 2003, and is classified as a party not operating under paragraph 1 of Article 5 of the Protocol,

Noting also that France has reported annual production for the controlled substances in Annex C, group I (hydrochlorofluorocarbons), for 2011 of 598.9 ODP-tonnes, which exceeds the party’s maximum allowable production of 584.4 ODP-tonnes for those controlled substances for that year, and was therefore in non‑compliance with the production control measures under the Protocol for hydrochlorofluorocarbons,

Noting further the submission by France of an action plan that confirms compliance with the Protocol’s hydrochlorofluorocarbon production control measures for 2012 and subsequent years,

  1. That no further action is necessary in view of the party’s implementation of regulatory and administrative measures to ensure its compliance with the provisions of the Protocol governing production of hydrochlorofluorocarbons for subsequent years;
  2. To monitor closely France’s progress with regard to 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;
  3. To caution France, in accordance with item B of the indicative list of measures, that, in the event that it fails to return to compliance in a timely manner, the Meeting of the Parties will consider measures consistent with item C of the indicative list of measures, which may include the possibility of actions available under Article 4;