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Decision XVIII/21: Non-compliance in 2005 with the control measures of the Montreal Protocol governing consumption of the controlled substances in Annex B, group II, (carbon tetrachloride) and Annex B, group III, (methyl chloroform) by the Democratic Republic of the Congo

  1. To note that the Democratic Republic of the Congo ratified the Montreal Protocol and the London and Copenhagen Amendments on 30 November 1994 and the Montreal and Beijing Amendments on 23 March 2005, is classified as a Party operating under paragraph 1 of Article 5 of the Protocol and had its country programme approved by the Executive Committee of the Multilateral Fund for the Implementation of the Montreal Protocol in March 1999. The Executive Committee has approved $2,974,819.30 from the Multilateral Fund to enable the Party’s compliance in accordance with Article 10 of the Protocol;
  2. To note also that the Democratic Republic of the Congo has reported annual consumption for the controlled substance in Annex B, group II, (carbon tetrachloride) for 2005 of 16.500ODP‑tonnes, which exceeds the Party’s maximum allowable consumption level of 2.288ODP‑tonnes for that controlled substance for that year, and that the Party is therefore in non‑compliance with the carbon tetrachloride control measures under the Protocol;
  3. To note further that the Democratic Republic of the Congo has reported annual consumption for the controlled substance in Annex B, group III, (methyl chloroform) for 2005 of 4.000 ODP-tonnes, which exceeds the Party’s maximum allowable consumption level of 3.330 ODP-tonnes for that controlled substance for that year, and that the Democratic Republic of the Congo is therefore in non‑compliance with the methyl chloroform control measures under the Protocol;
  4. To note with appreciation the Democratic Republic of the Congo’s submission of a plan of action to ensure its prompt return to compliance with the Protocol’s carbon tetrachloride and methyl chloroform control measures and to note that, under the plan, without prejudice to the operation of the financial mechanism of the Protocol, the Party specifically commits itself:
    1. To maintain carbon tetrachloride consumption in 2006 at no more than 16.500ODP‑tonnes and then to reduce it as follows:
      1. To 2.2 ODP-tonnes in 2007;
      2. To zero in 2008;
    2. To maintain methyl chloroform consumption in 2006 at no more than 4.000ODP‑tonnes and then to reduce it as follows:
      1. To 3.3 ODP-tonnes in 2007;
      2. To zero in 2008;
    3. To monitor its system for licensing the import and export of ozone‑depleting substances, which includes import quotas;
  5. To note that the measures listed in paragraph 4 above should enable the Democratic Republic of the Congo to return to compliance with the Protocol in 2007 and to urge the Party to work with the relevant implementing agencies to implement the plan of action to phase out consumption of carbon tetrachloride and methyl chloroform;
  6. To monitor closely the progress of the Democratic Republic of the Congo with regard to the phase-out of carbon tetrachloride and methyl chloroform. 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, the Party 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 a Meeting of the Parties in respect of non-compliance. Through the present decision, however, the Meeting of the Parties cautions the Democratic Republic of the Congo, 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. Those measures may include the possibility of actions available under Article4, such as ensuring that the supply of carbon tetrachloride and methyl chloroform that are the subject of non‑compliance is ceased so that exporting Parties are not contributing to a continuing situation of non‑compliance;