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Decision XXII/18: Non-compliance with the Montreal Protocol by Vanuatu

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 Article5 of the Protocol,

Noting also that the Executive Committee of the Multilateral Fund for the Implementation of the Montreal Protocol has approved 120,520 United States dollars from the Multilateral Fund and additional assistance through projects approved for the Pacific Island countries, of which Vanuatu is an integral part, to enable Vanuatu's compliance in accordance with Article 10 of the Protocol, and that Vanuatu had its country programme approved by the Executive Committee in March 2002,

Noting further that Vanuatu reported annual consumption of the controlled substances listed in AnnexA, group I (chlorofluorocarbons), of 0.3 ODP-tonnes for 2007 and 0.7 ODP-tonnes for 2008, which exceeded the party's maximum allowable consumption of zero ODP-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,

  1. To note with appreciation Vanuatu'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, Vanuatu specifically commits itself:
    1. To reducing its consumption of chlorofluorocarbons to no greater than zero ODP-tonnes in 2010, save for essential uses that may be authorized by the parties;
    2. To monitoring its import licensing system for ozone-depleting substances;
  2. To urge Vanuatu to work with the relevant implementing agencies to implement its plan of action to phase out consumption of chlorofluorocarbons;
  3. To monitor closely the progress of Vanuatu 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, Vanuatu 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 Vanuatu, 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 Vanuatu 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;