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Decision XIV/30: Non-compliance with the Montreal Protocol by Nigeria

The Fourteenth Meeting of the Parties decided in Dec. XIV/30:

  1. To note that, in accordance with Decision XIII/16 of the Thirteenth Meeting of the Parties, the Implementation Committee requested the Secretariat to write to Nigeria since it had reported data on CFC consumption for either the year 1999 and/or 2000 that was above its baseline, and was therefore in a state of potential non-compliance;
  2. Nigeria’s baseline for Annex A, Group I substances is 3,650 ODP-tonnes. It reported consumption of 4,095 ODP-tonnes in 2000 and 3,666 ODP-tonnes in 2001, placing Nigeria clearly in non-compliance with its obligations under Article 2A of the Montreal Protocol;
  3. To express concern about Nigeria’s non-compliance but to note that it has submitted a plan of action with time-specific benchmarks to ensure a prompt return to compliance. It is with that understanding that the Parties note, after reviewing the plan of action submitted by Nigeria, that Nigeria specifically commits itself:
    1. To reduce Annex A consumption from the current level of 3,666 ODP tonnes in 2001 as follows:
      1. To 3,400 ODP tonnes in 2003;
      2. To 3,200 ODP tonnes in 2004;
      3. To 1,800 ODP tonnes in 2005;
      4. To 1,100 ODP tonnes for 2006;
      5. To 510 ODP tonnes in 2007;
      6. To 300 ODP tonnes in 2008;
      7. To 100 ODP tonnes in 2009; and
      8. To phase out CFC consumption by 1 January 2010 as provided under the Montreal Protocol save for essential uses that might be authorized by the Parties;
    2. To report periodically on the operation of the system for licensing imports and exports of ODS as required for all Parties under Article 4 B paragraph 4 of the Montreal Protocol;
    3. To ban, by 1 January 2008, imports of ODS-using equipment;
  4. To note that the measures listed in paragraph 3 above should enable Nigeria to return to compliance by 2003. In this regard, the Parties urge Nigeria to work with relevant implementing agencies to phase out consumption of ozone-depleting substances in Annex A Group I;
  5. To closely monitor the progress of Nigeria with regard to the phase-out of ozone-depleting substances. To the degree that Nigeria is working towards and meeting the specific commitments noted above in paragraph 3, Nigeria should continue to be treated in the same manner as a Party in good standing. In this regard, Nigeria should continue to receive international assistance to enable it to meet these commitments in accordance with item A of the indicative list of measures that might be taken by a Meeting of the Parties in respect of non-compliance. However, through this decision, the Parties caution Nigeria, 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 shall consider measures, consistent with item C of the indicative list of measures. These 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.