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Decision XV/38: Non-compliance with the Montreal Protocol by Namibia

The Fifteenth Meeting of the Parties decided in Dec. XV/38:

  1. To note that, in accordance with decision XIV/22 of the Fourteenth Meeting of the Parties, Namibia 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 Namibia’s submission of its plan of action, and to note also that, under the plan, Namibia specifically commits itself:
    1. To reducing CFC consumption from 20 ODP-tonnes in 2002 as follows:
      1. To 19.0 ODP-tonnes in 2003;
      2. To 14.0 ODP-tonnes in 2004;
      3. To 10.0 ODP-tonnes in 2005;
      4. To 9.0 ODP-tonnes in 2006;
      5. To 3.2 ODP-tonnes in 2007;
      6. To 2.0 ODP-tonnes in 2008;
      7. To 1.0 ODP-tonnes in 2009;
      8. 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 banning, by 2004, imports of ODS-using equipment;
  3. To note that the measures listed in paragraph 2 above have already enabled Namibia to return to compliance, to congratulate Namibia on that progress and to urge Namibia to work with the relevant implementing agencies to implement the remainder of the plan of action and phase out consumption of ozone-depleting substances in Annex A, group I;
  4. To monitor closely the progress of Namibia with regard to the implementation of its plan of action and the phase-out of CFCs. To the degree that Namibia 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, Namibia 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 Namibia, 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 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.