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Decision XXII/15: Non-compliance with the Montreal Protocol by Saudi Arabia

Noting that Saudi Arabia ratified the Montreal Protocol and the London and Copenhagen Amendments on 1 March 1993 and is classified as a party operating under paragraph 1 of Article 5 of the Protocol,

Noting also that the Executive Committee of the Multilateral Fund for the Implementation of the Montreal Protocol has approved 2,749,975 United States dollars from the Multilateral Fund to enable Saudi Arabia's compliance in accordance with Article 10 of the Protocol, and that Saudi Arabia had its country programme approved by the Executive Committee in November 2007,

Noting further that Saudi Arabia reported annual consumption for the controlled substances listed in AnnexA, group I (chlorofluorocarbons), of 657.8 ODP-tonnes for 2007 and of 365ODP-tonnes for 2008, which exceeds the party's maximum allowable consumption of 269.8ODP-tonnes for those controlled substances for those two years, and that the party was therefore in non-compliance with the control measures for chlorofluorocarbons under the Protocol for 2007 and 2008,

Noting, however, that Saudi Arabia reported consumption of Annex A, group I, substances (chlorofluorocarbons) of 190 ODP-tonnes for 2009, which places the party in compliance with the chlorofluorocarbon control measures for that year,

  1. To note with appreciation Saudi Arabia's submission of a plan of action to ensure its prompt return to compliance with the Protocol's chlorofluorocarbon control measures, under which, without prejudice to the operation of the financial mechanism of the Protocol, Saudi Arabia specifically commits itself:
    1. To reducing chlorofluorocarbon consumption to no greater than zero ODP-tonnes in 2010, save for essential uses that may be authorized by the parties;
    2. To monitoring its system for licensing the import and export of ozone-depleting substances;
  2. To urge Saudi Arabia to work with the relevant implementing agencies to implement its plan of action to phase out the consumption of chlorofluorocarbons;
  3. To monitor closely the progress of Saudi Arabia with regard to the implementation of its plan of action and 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, Saudi Arabia 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;
  4. To caution Saudi Arabia, in accordance with item B of the indicative list of measures that may be taken by the Meeting of the Parties in respect of non-compliance, that, in the event that it fails to return to 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 chlorofluorocarbons that are the subject of non-compliance is ceased so that exporting parties are not contributing to a continuing situation of non-compliance;