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Decision XXI/26: Non-compliance in 2007 and 2008 with the control measures of the Montreal Protocol governing consumption of the controlled substances in Annex A group I (CFCs), by Vanuatu and request for a plan of action

Noting that Vanuatu ratified the Montreal Protocol, and the London and Copenhagen Amendments on 21 November 1994, and is classified as a Party operating under paragraph 1 of Article 5 of the Protocol,

Noting also that the Executive Committee has approved $88,020 from the Multilateral Fund to enable Vanuatu’s compliance in accordance with Article 10 of the Protocol,

  1. That Vanuatu has reported annual consumption for the controlled substances in Annex A, group I (chlorofluorocarbons), for 2007 of 0.3 ODP-tonnes and for 2008 of 0.7ODP‑tonnes, which exceeds the Party’s maximum allowable consumption of zeroODP-tonnes for those controlled substances for those years, and that the Party is therefore in non‑compliance with the control measures for those substances under the Protocol for those years;
  2. To request Vanuatu to submit to the Secretariat, as a matter of urgency and no later than 31March 2010, 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;
  3. To monitor closely the progress of Vanuatu with regard to the phase-out of chlorofluorocarbons. 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, Vanuatu should continue to receive international assistance to enable it to meet its 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 Vanuatu, 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 itemC 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 chlorofluorocarbons that are the subject of non‑compliance is ceased so that exporting Parties are not contributing to a continuing situation of non‑compliance;