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Decision XIV/37: Interaction between the Executive Committee and the Implementation Committee

The Fourteenth Meeting of the Parties decided in Dec. XIV/37:

Noting that the Multilateral Fund has an important responsibility for enabling compliance, but that without national action, there can be no compliance,

Acknowledging that the Executive Committee, pursuant to the Multilateral Fund’s mandate “to enable compliance” has a responsibility to consider both the current and forecasted compliance status of a country when it reviews submissions connected with funding proposals and that, therefore, the Committee should work with the Party to eliminate the duration of any possible non-compliance,

Mindful of the fact that the Executive Committee’s decisions to approve funding cannot be construed to condone a Party’s non-compliance and that each Party continues to bear the responsibility to meet its obligations,

  1. To request the Executive Committee to therefore make it clear that its funding decisions are always without prejudice to a Party’s duty to meet its obligations under the Protocol, and are also without prejudice to the operation of the mechanisms in the Protocol that exist for the treatment of Parties in non-compliance. Accordingly, the Executive Committee should include language to this effect in its funding decisions where non-compliance is potentially at issue;
  2. To note that while the Implementation Committee may take into account information from the Executive Committee consistent with paragraph 7(f) of the non-compliance procedure, the Executive Committee has no formal role in the crafting of Implementation Committee recommendations;
  3. To further note that in no case should any Implementation Committee action be construed as directly requiring the Executive Committee to take any specific action regarding the funding of any specific project;
  4. To note that the Executive Committee and Implementation Committee are independent of each other. However, pursuant to Article 10, the Multilateral Fund operates under the authority of the Parties and, pursuant to the non-compliance procedure of the Montreal Protocol, the Implementation Committee reports its recommendations to the Parties for possible decision.