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Decision XVIII/17: Treatment of stockpiled ozone-depleting substances relative to compliance

  1. To note that the Secretariat has reported that Parties which had exceeded the allowed level of production or consumption of a particular ozone-depleting substances in a given year have in some cases explained that their excess production or consumption represented one of the four following scenarios:
    1. Ozone-depleting substance production in that year which had been stockpiled for domestic destruction or export for destruction in a future year;
    2. Ozone-depleting substance production in that year which had been stockpiled for domestic feedstock use or export for that use in a future year;
    3. Ozone-depleting substance production in that year which had been stockpiled for export to meet basic domestic needs of developing countries in a future year;
    4. Ozone-depleting substances imported in that year which had been stockpiled for domestic feedstock use in a future year;
  2. To recall that the Implementation Committee under the Non-compliance Procedure of the Montreal Protocol had concluded that scenario (d) was, in any event, in conformity with the provisions of the Montreal Protocol and decisions of the Meetings of the Parties;
  3. To request the Secretariat to maintain a consolidated record of the cases in which the Parties have explained that their situations are the consequence of scenarios (a), (b) or (c), and incorporate that record in the documentation of the Implementation Committee, for information purposes only, as well as in the Secretariat’s report on data submitted by the Parties in accordance with Article 7 of the Protocol;
  4. To recognize that new scenarios not covered by paragraph 1 will be addressed by the Implementation Committee in accordance with the non-compliance procedure of the Protocol and the established practice thereunder;
  5. To agree to revisit this issue at the Twenty-first Meeting of the Parties, in the light of the information gathered in accordance with paragraph 3 of the present decision, with a view to considering the need for further action.