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Decision XVII/27: Non-compliance with the Montreal Protocol by Bangladesh

The Seventeenth Meeting of the Parties decided in Dec. XVII/27:

  1. To note that Bangladesh ratified the Montreal Protocol on 2 August 1990, the London Amendment on 18 March 1994, the Copenhagen Amendment on 27 November 2000 and the Montreal Amendment on 27 July 2001 and is classified as a Party operating under paragraph 1 of Article 5 of the Protocol and had its country programme approved by the Executive Committee of the Multilateral Fund for the Implementation of the Montreal Protocol in September 1994. The Executive Committee has approved $1,852,164 from the Multilateral Fund to enable the Party’s compliance in accordance with Article 10 of the Protocol;
  2. To note also that Bangladesh’s baseline for the controlled substance in Annex B, group III (methyl chloroform), is 0.8667 ODP-tonnes. As the Party reported consumption of 0.892 ODP-tonnes of methyl chloroform in 2003, it was in non-compliance with its obligations under Article 2E of the Montreal Protocol;
  3. To note with appreciation Bangladesh’s submission of a plan of action to ensure a prompt return to compliance with the Protocol’s methyl chloroform control measures and to note that, under the plan, without prejudice to the operation of the financial mechanism of the Protocol, Bangladesh specifically commits itself:
    1. To maintain methyl chloroform consumption at no more than the 2004 level of 0.550 ODP-tonnes from 2005 until 2009, and then to reduce methyl chloroform consumption as follows:
      1. To 0.2600 ODP-tonnes in 2010;
      2. To zero ODP-tonnes in 2015, as required under the Montreal Protocol, save for essential uses that may be authorized by the Parties after that date;
    2. To monitor its existing system for licensing imports and exports of ozone-depleting substances, which includes import quotas;
  4. To note that the measures listed in paragraph 3 above have already enabled Bangladesh to return to compliance in 2004, to congratulate the country on that progress and to urge it to work with the relevant implementing agencies to implement the remainder of the plan of action and to phase out consumption of the controlled substance in Annex B, group III;
  5. To monitor closely the progress of Bangladesh with regard to the implementation of its plan of action and the phase-out of methyl chloroform. To the degree that the Party 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, Bangladesh 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 Bangladesh, 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 methyl chloroform that is the substance that is the subject of non-compliance is ceased so that exporting Parties are not contributing to a continuing situation of non-compliance.