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Decision XVIII/20: Non-compliance with the Montreal Protocol by Armenia

  1. To note that Armenia ratified the Montreal Protocol on 1 October 1999 and the London and Copenhagen Amendments to the Protocol on 26 November 2003 and is classified as a Party operating under paragraph 1 of Article 5 of the Protocol;
  2. To note also that the Council of the Global Environment Facility has approved $2,090,000 to enable Armenia’s compliance with the Protocol;
  3. To note further that Armenia has reported annual consumption for the Annex E controlled substance (methyl bromide) for 2004 of 1.020 ODP-tonnes, which exceeds the Party’s maximum allowable consumption level of zero ODP-tonnes for that controlled substance for that year, and that Armenia is therefore in non‑compliance with the control measures for methyl bromide under the Protocol;
  4. To note with appreciation Armenia’s submission of a plan of action to ensure its prompt return to compliance with the Protocol’s methyl bromide control measures and to note that, under the plan, without prejudice to the operation of the financial mechanism of the Protocol, Armenia specifically commits itself:
    1. To maintain methyl bromide consumption at no more than zeroODP-tonnes from 2007, save for critical uses that may be authorized by the Parties after 1 January 2015;
    2. To introduce by 1 July 2007 a system for licensing the import and export of ozone‑depleting substances that includes import quotas;
  5. To note that Armenia has reported methyl bromide consumption for 2005 that demonstrates its return to compliance in that year and to congratulate the Party on that achievement, but also to note the Party’s concern that, until the measures contained in subparagraph 4 (b) of the present decision come into force, the Party cannot be confident of its ability to sustain its return to compliance, and therefore to urge Armenia to work with the relevant implementing agencies to implement the remainder of the plan of action to sustain its phase-out of consumption of methyl bromide;
  6. To monitor closely the progress of Armenia with regard to the implementation of its plan of action and the phase-out of methyl bromide. 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, Armenia 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 a Meeting of the Parties in respect of non‑compliance. Through the present decision, however, the Parties caution Armenia, in accordance with item B of the indicative list of measures, that in the event that it fails to remain in 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 Article4, such as ensuring that the supply of methyl bromide that is the subject of non‑compliance is ceased so that exporting Parties are not contributing to a continuing situation of non‑compliance;