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Decision XVI/25: Non-compliance with the Montreal Protocol by Lesotho

The Sixteenth Meeting of the Parties decided in Dec. XVI/25:

  1. To note that Lesotho ratified the Montreal Protocol on 25 March 1994. Lesotho 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 1996. The Executive Committee has approved $311,332 from the Multilateral Fund to enable compliance in accordance with Article 10 of the Protocol;
  2. To note also that Lesotho’s baseline for the controlled substances in Annex A, group II (halons), is 0.2 ODP tonnes. It reported consumption of 1.8 ODP tonnes of halons in 2002. As a consequence, for 2002, Lesotho was in non-compliance with its obligations under Article 2B of the Montreal Protocol;
  3. To note with appreciation Lesotho’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 II (halons), and to note further that, under the plan, without prejudice to the operation of the financial mechanism of the Montreal Protocol, Lesotho specifically commits itself:
    1. To reducing halon consumption from 1.8 ODP tonnes in 2002 as follows:
      1. To 0.8 ODP tonnes in 2004;
      2. To 0.2 ODP tonnes in 2005;
      3. To 0.1 ODP tonnes in 2006;
      4. To 0.1 ODP tonnes in 2007;
      5. To zero ODP tonnes in 2008, save for essential uses that may be authorized by the Parties after 1 January 2010;
    2. To introduce a quota system for the import of halons;
    3. To introduce a ban on the import of halon-based equipment and systems in 2005;
  4. To note that the measures listed in paragraph 3 above should enable Lesotho to return to compliance by 2006, and to urge Lesotho to work with the relevant implementing agencies to implement the plan of action and phase out consumption of halons;
  5. To monitor closely the progress of Lesotho with regard to the implementation of its plan of action and the phase-out of halons. To the degree that Lesotho 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, Lesotho 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 Lesotho, 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 halons (that is, the subject of non-compliance) is ceased and that exporting Parties are not contributing to a continuing situation of non-compliance.