Decision XXXVII/15: Non-compliance with the Montreal Protocol on Substances that Deplete the Ozone Layer by Tajikistan

 The Thirty-Seventh Meeting of the Parties,

Noting that Tajikistan acceded to the Montreal Protocol on Substances that Deplete the Ozone Layer and the London Amendment on 7 January 1998, and to the Copenhagen Amendment, the Montreal Amendment and the Beijing Amendment on 7 May 2009, that it ratified the Kigali Amendment on 29 June 2022, and that it is classified as a party not operating under paragraph 1 of Article 5 of the Protocol,

Noting also that Tajikistan has reported, for 2023, annual consumption of 457,613 CO2‑equivalent tonnes of the controlled substances in Annex F to the Montreal Protocol (hydrofluorocarbons), which exceeds the party’s maximum allowable consumption of 424,270 CO2‑equivalent tonnes of hydrofluorocarbons for 2023, and that Tajikistan is therefore in non‑compliance with the hydrofluorocarbon consumption control measures under the Protocol,

Decides:

  1. To request Tajikistan to submit to the Ozone Secretariat, as a matter of urgency and no later than 31 March 2026, for consideration by the Implementation Committee under the Non‑Compliance Procedure for the Montreal Protocol on Substances that Deplete the Ozone Layer at its seventy-sixth meeting, a plan of action with time‑specific benchmarks to ensure the party’s prompt return to compliance with its hydrofluorocarbon obligations under the Protocol, as well as specific policies that it will adopt in support of its implementation efforts;
  2. To monitor closely the progress of Tajikistan with regard to the phase-down of hydrofluorocarbons. To the degree that Tajikistan is working towards and meeting the specific control measures under the Montreal Protocol, it should continue to be treated in the same manner as a party in good standing. In that regard, Tajikistan 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 Tajikistan, 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 item C of the indicative list of measures, which may include the possibility of actions available under Article 4, such as ensuring that the supply of hydrofluorocarbons that are the subject of non‑compliance is ceased so that exporting parties do not contribute to a continuing situation of non‑compliance.