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Decision XXVII/11: Non-compliance with the Montreal Protocol by Libya

Noting that Libya ratified the Montreal Protocol on Substances that Deplete the Ozone Layer on 11 July 1990, the London Amendment on 12 July 2001, the Copenhagen Amendment on 24 September 2004 and the Montreal Amendment and Beijing Amendment on 15 April 2014 and is classified as a party operating under paragraph 1 of Article 5 of the Protocol,

Noting also that the Executive Committee has approved $6,502,199 from the Multilateral Fund for the Implementation of the Montreal Protocol in accordance with Article 10 of the Protocol to enable Libya to achieve compliance with the Protocol,

  1. That the annual consumption reported by Libya of the controlled substances in Annex C, group I (hydrochlorofluorocarbons), of 144.0 ODP‑tonnes for 2013 and 122.4 ODP-tonnes for 2014 exceeds the party’s maximum allowable consumption of 118.38 ODP-tonnes for those controlled substances for those years and that the party was therefore in non‑compliance with the consumption control measures under the Protocol for hydrochlorofluorocarbons,
  2. To note with appreciation the submission by Libya of a plan of action to ensure its return to compliance with the Protocol’s hydrochlorofluorocarbon control measures under which, without prejudice to the operation of the financial mechanism of the Protocol, Libya specifically commits itself:
    1. To reducing its consumption of hydrochlorofluorocarbons from 122.4 ODP-tonnes in 2014 to no greater than:
      1. 122.3 ODP-tonnes in 2015;
      2. 118.4 ODP-tonnes in 2016 and 2017;
      3. 106.5 ODP-tonnes in 2018 and 2019;
      4. 76.95 ODP-tonnes in 2020 and 2021;
      5. Levels allowed under the Montreal Protocol in 2022 and subsequent years;
    2. To monitoring the enforcement of its system for licensing imports and exports of ozone-depleting substances;
    3. To imposing a ban on the procurement of air-conditioning equipment containing hydrochlorofluorocarbons in the near future and to considering a ban on the import of such equipment;
  3. To urge Libya to work with the relevant implementing agencies to implement its plan of action to phase out the consumption of hydrochlorofluorocarbons;
  4. To monitor closely the progress of Libya 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, Libya 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;
  5. To caution Libya, 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 Libya 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 Article 4, such as ensuring that the supply of hydrochlorofluorocarbons that are the subject of non‑compliance is ceased so that exporting parties are not contributing to a continuing situation of non‑compliance;