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Decision XVI/24: Non-compliance with the Montreal Protocol by Guinea-Bissau

The Sixteenth Meeting of the Parties decided in Dec. XVI/24:

  1. To note that Guinea-Bissau ratified the Montreal Protocol and the London, Copenhagen and Beijing amendments on 12 November 2002. Guinea-Bissau 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 in 2004. The Executive Committee has approved $669,593 from the Multilateral Fund to enable compliance in accordance with Article 10 of the Protocol;
  2. To note also that Guinea-Bissau’s baseline for the controlled substances in Annex A, group I (CFCs), is 26.275 ODP tonnes. It reported consumption of 29.446 ODP tonnes of CFCs in 2003. As a consequence, for 2003, Guinea-Bissau was in non-compliance with its obligations under Article 2A of the Montreal Protocol;
  3. To note with appreciation Guinea-Bissau’s submission of its plan of action to ensure a prompt return to compliance with the control measures for the controlled substances in Annex A, group I (CFCs), and to note further that, under the plan, without prejudice to the operation of the financial mechanism of the Montreal Protocol, Guinea-Bissau specifically commits itself:
    1. To reducing CFC consumption from 29.446 ODP tonnes in 2003 as follows:
      1. To 26.275 ODP tonnes in 2004;
      2. To 13.137 ODP tonnes in 2005;
      3. To 13.137 ODP tonnes in 2006;
      4. To 3.941 ODP tonnes in 2007;
      5. To 3.941 ODP tonnes in 2008;
      6. To 3.941 ODP tonnes in 2009;
      7. To phasing out CFC consumption by 2010, as required under the Montreal Protocol, save for essential uses that may be authorized by the Parties;
    2. To introduce a system for licensing imports and exports of ozone-depleting substances, including quotas by the end of 2004;
  4. To note that the measures listed in paragraph 3 above should enable Guinea-Bissau to return to compliance by 2004, and to urge Guinea-Bissau to work with the relevant implementing agencies to implement the plan of action and phase out consumption of CFCs;
  5. To monitor closely the progress of Guinea-Bissau with regard to the implementation of its plan of action and the phase-out of CFCs. To the degree that Guinea-Bissau 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, Guinea-Bissau 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 Meeting of the Parties cautions Guinea-Bissau, in accordance with item B of the indicative list of measures, that, in the event that it fails to remain in compliance, 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 CFCs (that is, the subject of non-compliance) is ceased and that exporting Parties are not contributing to a continuing situation of non-compliance.