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Decision XXIII/23: Potential non-compliance in 2009 with the provisions on consumption of the controlled substances in Annex A, group II (halons), by Libya and request for a plan of action

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 and the Copenhagen Amendment on 24September 2004 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 $7,627,354 from the Multilateral Fund in accordance with Article 10 of the Protocol to enable Libya to achieve compliance with the Protocol,

Noting further that Libya has reported annual consumption for the controlled substances in Annex A, group II (halons), for 2009 of 1.8 ODP-tonnes, which exceeds the party’s maximum allowable consumption of zero ODP-tonnes for that controlled substance for that year, and that in the absence of further clarification, Libya is therefore presumed to be in non‑compliance with the control measures under the Protocol,

  1. To request Libya to submit to the Secretariat, as a matter of urgency and no later than 31March 2012, for consideration by the Implementation Committee at its forty-eighth meeting an explanation for its excess consumption of halons, together with a plan of action with time‑specific benchmarks to ensure the party’s prompt return to compliance;
  2. To monitor closely Libya’s progress with regard to the phase-out of halons: 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 and, in that regard, Libya 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 the Meeting of the Parties in respect of non‑compliance;
  3. To caution Libya, 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, which may include the possibility of actions available under Article4, such as ensuring that the supply of halons that is the subject of non‑compliance is ceased so that exporting parties are not contributing to a continuing situation of non‑compliance;