Skip to main content

Decision XXVI/16: Non-compliance with the Montreal Protocol by Guatemala

Noting that Guatemala ratified the Montreal Protocol on Substances that Deplete the Ozone Layer on 7 November 1989 and the London, Copenhagen, Montreal and Beijing amendments to the Protocol on 21 January 2002, and is classified as a party operating under paragraph 1 of Article 5 of the Protocol,

Noting also that the Executive Committee has approved $9,608,694 from the Multilateral Fund for the Implementation of the Montreal Protocol in accordance with Article 10 of the Protocol to enable Guatemala to achieve compliance with the Protocol,

  1. That Guatemala’s annual consumption of the controlled substances in Annex C, group I (hydrochlorofluorocarbons), of 11.3 ODP-tonnes for 2013 exceeds the party’s maximum allowable consumption of 8.3 ODP-tonnes for those controlled substances for that year 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 Guatemala of a plan of action to ensure its return to compliance with the Protocol’s hydrochlorofluorocarbon control measures and its decision to reduce its hydrochlorofluorocarbon consumption in 2014 below its allowable consumption by the excess amount consumed in 2013;
  3. To note that under that plan of action, without prejudice to the operation of the financial mechanism of the Protocol, Guatemala specifically commits itself:
    1. To reducing its consumption of hydrochlorofluorocarbons from 11.3 ODP-tonnes in 2013 to no greater than:
      1. 4.35 ODP-tonnes in 2014;
      2. Levels allowed under the Montreal Protocol in 2015 and subsequent years;
    2. To monitoring its system for licensing imports and exports of ozone-depleting substances;
  4. To urge Guatemala to continue to work with the relevant implementing agencies to implement its plan of action to phase out consumption of hydrochlorofluorocarbons;
  5. To monitor closely the progress of Guatemala 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, Guatemala 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;
  6. To caution Guatemala, 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 Guatemala 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;