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Decision XV/36: Non-compliance with the Montreal Protocol by the Libyan Arab Jamahiriya

The Fifteenth Meeting of the Parties decided in Dec. XV/36:

  1. To note that, in accordance with decision XIV/25 of the Fourteenth Meeting of the Parties, the Libyan Arab Jamahiriya was requested to submit to the Implementation Committee a plan of action with time-specific benchmarks to ensure a prompt return to compliance;
  2. To note with appreciation the Libyan Arab Jamahiriya’s submission of its plan of action, and to note also that, under the plan, the Libyan Arab Jamahiriya specifically commits itself:
    1. To reducing CFC consumption from 985 ODP-tonnes in 2001 as follows:
      1. To 710.0 ODP-tonnes in 2003;
      2. To 610.0 ODP-tonnes in 2004;
      3. To 303.0 ODP-tonnes in 2005;
      4. To 107 ODP-tonnes in 2007;
      5. To phasing out CFC consumption by 1 January 2010, as required under the Montreal Protocol, save for essential uses that may be authorized by the Parties;
    2. To establishing, by 2004, a system for licensing imports and exports of ODS, including quotas;
    3. To monitoring its ban on imports of ODS-using equipment, introduced in 2003;
  3. To note that the measures listed in paragraph 2 above should enable the Libyan Arab Jamahiriya to return to compliance by 2003, and to urge the Libyan Arab Jamahiriya to work with the relevant implementing agencies to implement the plan of action and phase out consumption of ozone-depleting substances in Annex A, group I;
  4. To monitor closely the progress of the Libyan Arab Jamahiriya with regard to the implementation of its plan of action and the phase-out of CFCs. To the degree that the Libyan Arab Jamahiriya 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 Libyan Arab Jamahiriya 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 the Libyan Arab Jamahiriya, 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 Article 4, such as ensuring that the supply of CFCs (that is, the subject of non-compliance) is ceased and that exporting Parties are not contributing to a continuing situation of non-compliance.