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Decision XVIII/26: Revised plan of action to return Guatemala to compliance with the control measures in Article 2H of the Montreal Protocol

  1. To note that Guatemala ratified the Montreal Protocol on 7November1989 and the London, Copenhagen, Montreal and Beijing Amendments on 21January2002. Guatemala is classified as a Party operating under paragraph 1 of Article5 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 1993. Since approval of the country programme, the Executive Committee has approved $6,366,065from the Multilateral Fund to enable compliance in accordance with Article10of the Protocol;
  2. To recall decision XV/34, which noted that Guatemala was in non-compliance in 2002 with its obligations under Article2H of the Protocol to freeze its consumption of the controlled substance in Annex E (methyl bromide) at its baseline level of 400.7 ODP-tonnes but also noted with appreciation the plan of action submitted by Guatemala to ensure its prompt return to compliance in 2007 with the Protocol’s methyl bromide consumption control measures;
  3. To note with concern, however, that Guatemala has reported consumption of methyl bromide for 2005 of 522.792 ODP-tonnes, which is inconsistent with the Party’s commitment contained in decision XV/34 to reduce its methyl bromide consumption to 360 ODP-tonnes in 2005;
  4. To note further the advice of Guatemala that all relevant stakeholders have committed to phase out methyl bromide in accordance with the revised time-specific consumption reduction benchmarks contained in paragraph 5 of the present decision, which provide the Party with one additional year to overcome the technical, economic and political challenges that were the cause of the Party’s deviation from its commitments contained in decisionXV/34;
  5. To note also with appreciation that Guatemala has submitted a revised plan of action for methyl bromide phase-out in controlled uses and to note, without prejudice to the operation of the financial mechanism of the Protocol, that under the revised plan Guatemala specifically commits itself:
    1. To reduce methyl bromide consumption from 709.4ODP-tonnes in 2002 as follows:
      1. To 400.70ODP-tonnes in 2006;
      2. To 361ODP-tonnes in 2007;
      3. To 320.56ODP-tonnes in 2008;
      4. To phase out methyl bromide consumption by 1 January 2015, as required under the Protocol, save for critical uses that may be authorized by the Parties;
    2. To monitor its system for licensing imports and exports of ozone-depleting substances, including quotas;
  6. To note that the measures listed in paragraph5 above should enable Guatemala to return to compliance with the Protocol’s methyl bromide control measures in 2008 and to urge Guatemala to work with the relevant implementing agencies to implement the plan of action and phase out consumption of methyl bromide;
  7. To monitor closely the progress of Guatemala with regard to the implementation of its plan of action and the phase-out of methyl bromide. To the degree that Guatemala 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, Guatemala 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 Guatemala, 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 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 and that exporting Parties are not contributing to a continuing situation of non‑compliance;