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Decision XVIII/23: Non-compliance in 2005 with the control measures of the Montreal Protocol governing consumption of the controlled substance in Annex E (methyl bromide) by Ecuador and request for a plan of action

  1. To note that Ecuador ratified the Montreal Protocol on 10 April 1990, the London Amendment on 30 April 1990 and the Copenhagen Amendment on 24 November 1993, 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 February 1992. The Executive Committee has approved $5,737,500 from the Multilateral Fund to enable Ecuador’s compliance in accordance with Article 10 of the Protocol;
  2. To note further that Ecuador has reported annual consumption of the controlled substance in Annex E (methyl bromide) for 2005 of 153.000 ODP-tonnes, which exceeds the Party’s maximum allowable consumption level of 52.892 ODP-tonnes for that controlled substance for that year, and that Ecuador is therefore in non‑compliance with the methyl bromide control measures under the Protocol;
  3. To request Ecuador, as a matter of urgency and no later than 31 March 2007, to submit to the Secretariat, for consideration by the Implementation Committee under the Non-compliance Procedure of the Montreal Protocol at its next meeting, a plan of action with time‑specific benchmarks to ensure a prompt return to compliance. Ecuador may wish to consider including in its plan of action the establishment of policy and regulatory instruments that will ensure progress in achieving the phase-out;
  4. To monitor closely the progress of Ecuador with regard to 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, Ecuador 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 Ecuador, 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 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;