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Decision XVIII/22: Non-compliance in 2005 with the control measures of the Montreal Protocol governing consumption of the controlled substances in Annex A, group I, (CFCs) by Dominica

  1. To note that Dominica ratified the Montreal Protocol and the London Amendment on 31March 1993 and the Copenhagen, Montreal and Beijing Amendments on 7 March 2006, 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 November 1998. The Executive Committee has approved $232,320 from the Multilateral Fund to enable Dominica’s compliance in accordance with Article 10 of the Protocol;
  2. To note further that Dominica has reported annual consumption for the Annex A, group I, controlled substances (CFCs) for 2005 of 1.388 ODP-tonnes, which exceeds the Party’s maximum allowable consumption level of 0.740 ODP-tonnes for those controlled substances for that year, and that Dominica is therefore in non‑compliance with the control measures for CFCs under the Protocol;
  3. To note with appreciation Dominica’s submission of a plan of action to ensure a prompt return to compliance with the Protocol’s CFC control measures and to note that, under the plan, without prejudice to the operation of the financial mechanism of the Protocol, Dominica specifically commits itself:
    1. To reduce CFC consumption from 1.388ODP-tonnes in 2005 as follows:
      1. To 0.45 ODP-tonnes in 2006;
      2. (To zero ODP-tonnes from 2007, save for essential uses that may be authorized by the Parties after 1 January 2010;
    2. To introduce by 31 December 2006 a system for licensing the import and export of ozone‑depleting substances that includes import quotas for all ozone-depleting substances listed under the Protocol. With regard to CFCs, Dominica would set annual quotas consistent with the levels stated in paragraph 3 (a) of the present decision, except to meet the needs of any national disasters and resulting emergencies, in which case Dominica will ensure that the annual quotas do not exceed its maximum allowable levels of consumption as prescribed by Article 2A of the Protocol or such levels as may be otherwise authorized by the Parties;
    3. To monitor its ban on the import of equipment requiring the supply of ozone-depleting substances, noting that the ban excludes equipment for medical purposes;
  4. To note that the measures listed in paragraph 3 above should enable Dominica to return to compliance in 2006 and to urge Dominica to work with the relevant implementing agencies to implement the plan of action to phase out consumption of CFCs; 5. To monitor closely the progress of Dominica with regard to the implementation of its plan of action and the phase-out of CFCs. 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, Dominica 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 Dominica, 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 CFCs that are the subject of non‑compliance is ceased so that exporting Parties are not contributing to a continuing situation of non‑compliance;