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Decision XVII/38: Non-compliance with the Montreal Protocol by Sierra Leone, and request for a plan of action

The Seventeenth Meeting of the Parties decided in Dec. XVII/38:

  1. To note that Sierra Leone ratified the Montreal Protocol and all its amendments on 29 August 2001, 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 December 2003. The Executive Committee has approved $660,021 from the Multilateral Fund to enable compliance in accordance with Article 10 of the Protocol;
  2. To note further that Sierra Leone has reported annual consumption of the controlled substances in Annex A, group II (halons), for 2004 of 18.45 ODP-tonnes, which exceeds the Party’s maximum allowable consumption level of 16.00 ODP-tonnes for those controlled substances for that year, and that Sierra Leone is therefore in non-compliance with the control measures under the Protocol;
  3. To request Sierra Leone, as a matter of urgency, 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. Sierra Leone may wish to consider including in its plan of action the establishment of import quotas to support the phase-out schedule, a ban on imports of equipment using ozone-depleting substances, and policy and regulatory instruments that will ensure progress in achieving the phase-out;
  4. To monitor closely the progress of Sierra Leone with regard to the phase-out of the controlled substances in Annex A, group II (halons). 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, Sierra Leone should continue to receive international assistance to enable it to meet its 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 Meeting of the Parties cautions Sierra Leone, 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 Meeting of 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 the controlled substances in Annex A, group II (halons), that are the subject of non-compliance is ceased so that exporting Parties are not contributing to a continuing situation of non-compliance.