Decision XV/45: Non-compliance with the Montreal Protocol by Viet Nam
The Fifteenth Meeting of the Parties decided in Dec. XV/45:
- To note that Viet Nam ratified the Montreal Protocol and the London and Copenhagen Amendments on 26 January 1994. Viet Nam 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 $3,150,436 from the Multilateral Fund to enable compliance in accordance with Article 10 of the Protocol;
- To note also that Viet Nam’s baseline for Annex A, group II substances is 37.07 ODP-tonnes. It reported consumption of 97.60 ODP-tonnes for Annex A, group II substances in 2002. As a consequence, for 2002 Viet Nam was in non-compliance with its obligations under Article 2B of the Montreal Protocol;
- To request Viet Nam to submit to the Implementation Committee, for consideration at its next meeting, a plan of action with time-specific benchmarks to ensure a prompt return to compliance. Viet Nam may wish to consider including in that plan of action the establishment of import quotas to freeze imports at baseline levels and support the phase-out schedule, a ban on imports of ODS-using equipment, and policy and regulatory instruments that will ensure progress in achieving the phase-out;
- To note that Viet Nam may also wish to draw upon the ongoing assistance provided by the United Nations Environment Programme Compliance Assistance Programme and the halon phase-out assistance previously provided by the United Nations Industrial Development Organization, and to consult with the Halons Technical Options Committee of the Technology and Economic Assessment Panel, to identify and introduce alternatives to the use of halon-2402 on oil vessels and platforms;
- To monitor closely the progress of Viet Nam with regard to the phase-out of halons. To the degree that Viet Nam 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, Viet Nam 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 Viet Nam, 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 halons (that is, the subject of non-compliance) is ceased and that exporting Parties are not contributing to a continuing situation of non-compliance.