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Decision XV/40: Non-compliance with the Montreal Protocol by Papua New Guinea

The Fifteenth Meeting of the Parties decided in Dec. XV/40:

  1. To note that Papua New Guinea ratified the Montreal Protocol on 27 October 1992, the London Amendment on 4 May 1993 and the Copenhagen Amendment on 7 October 2003. Papua New Guinea is classified as a Party operating under Article 5, paragraph 1, of the Protocol and had its country programme approved by the Executive Committee in 1996. Since approval of the country programme, the Executive Committee has approved $704,454 from the Multilateral Fund to enable compliance in accordance with Article 10 of the Protocol;
  2. To note also that Papua New Guinea’s baseline for Annex A, group I substances is 36.3 ODP-tonnes. It reported consumption of 44.3 ODP-tonnes of Annex A, group I substances for the control period 1 July 2000-30 June 2001. As a consequence, for the July 2000-June 2001 control period Papua New Guinea was in non-compliance with its obligations under Article 2A of the Montreal Protocol;
  3. To note with appreciation Papua New Guinea’s submission of its plan of action to ensure a prompt return to compliance with the control measures for Annex A, group I substances and to note further that, under the plan, Papua New Guinea specifically commits itself:
    1. To reducing CFC consumption from 35 ODP-tonnes in 2002 as follows:
      1. To 35 ODP-tonnes in 2003;
      2. To 26 ODP-tonnes in 2004;
      3. To 17 ODP-tonnes in 2005;
      4. To 8 ODP-tonnes in 2006;
      5. To 4.5 ODP-tonnes in 2007;
      6. 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, on or before 31 December 2004, imports of ODS-using equipment;
  4. To note that the measures listed above in paragraph 3 should enable Papua New Guinea to return to compliance by 1 January 2004, and to urge Papua New Guinea 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;
  5. To monitor closely the progress of Papua New Guinea with regard to the implementation of its plan of action and the phase-out of CFCs. To the degree that Papua New Guinea 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, Papua New Guinea 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 Papua New Guinea, 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.