Decision XXXVII/16: Non-compliance with the Montreal Protocol on Substances that Deplete the Ozone Layer by Zambia

The Thirty-Seventh Meeting of the Parties,

Noting that Zambia acceded to the Montreal Protocol on Substances that Deplete the Ozone Layer on 24 January 1990, ratified the London Amendment on 15 April 1994 and acceded to the Copenhagen Amendment, the Montreal Amendment and the Beijing Amendment on 11 October 2007, that it ratified the Kigali Amendment on 15 March 2021 and that it is classified as a party operating under paragraph 1 of Article 5 of the Protocol,

Noting also that Zambia has reported, for 2024, annual consumption of 857,857 CO2‑equivalent tonnes of the controlled substances in Annex F to the Montreal Protocol (hydrofluorocarbons), which exceeds the party’s maximum allowable consumption of 699,513 CO2‑equivalent tonnes of hydrofluorocarbons for 2024, and that Zambia is therefore in non‑compliance with the hydrofluorocarbon consumption control measures under the Protocol,

Decides:

  1. To urge Zambia to provide an explanation for the deviation as a matter of urgency, no later than 31 March 2026, and, if appropriate, to submit by that date a plan of action with time‑specific benchmarks to ensure the party’s prompt return to compliance with its hydrofluorocarbon obligations under the Montreal Protocol on Substances that Deplete the Ozone Layer, as well as specific policies that it will adopt in support of its implementation efforts, for consideration by the Implementation Committee under the Non-Compliance Procedure for the Montreal Protocol at its seventy-sixth meeting;
  2. To monitor closely the progress of Zambia with regard to the phase-down of hydrofluorocarbons. To the degree that Zambia 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, Zambia 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 Zambia, 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.