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Decision XVI/27: Compliance with the Montreal Protocol by Nepal

The Sixteenth Meeting of the Parties decided in Dec. XVI/27:

  1. To note that Nepal ratified the Montreal Protocol and the London Amendment on 6 July 1994. Nepal 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 1998. The Executive Committee has approved $453,636 from the Multilateral Fund to enable compliance in accordance with Article 10 of the Protocol;
  2. To recall that in its decision XV/39, the Fifteenth Meeting of the Parties had congratulated Nepal on seizing 74 ODP tonnes of imports of CFCs that had been imported in 2000 without an import license, and on reporting the quantity as illegal trade under the terms of decision XIV/7;
  3. To recall that, in paragraph 5 of decision XV/39, the Parties had stated that, if Nepal decided to release any of the seized quantity of CFCs on to its domestic market, it would be considered to be in non-compliance with its obligations under Article 2A of the Montreal Protocol and would therefore be required to fulfil the terms of decision XIV/23, including submitting to the Implementation Committee a plan of action with time-specific benchmarks to ensure a prompt return to compliance;
  4. To clarify the meaning of paragraph 5 of decision XV/39 to mean that Nepal would only be considered to be in non-compliance if the amount of CFCs released on to the market in any one year exceeded its permitted consumption level under the Protocol for that year;
  5. To note further that Nepal’s baseline for CFCs is 27 ODP tonnes;
  6. To note with appreciation Nepal’s submission of its plan of action to manage the release of the seized CFCs, and to note further that, under the plan, Nepal specifically commits itself:
    1. To release no more than the following amount of CFCs in each year as follows:
      1. 27.0 ODP tonnes in 2004;
      2. 13.5 ODP tonnes in 2005;
      3. 13.5 ODP tonnes in 2006;
      4. 4.05 ODP tonnes in 2007;
      5. 4.05 ODP tonnes in 2008;
      6. 4.00 ODP tonnes in 2009;
      7. Zero in 2010, save for essential uses that may be authorized by the Parties;
    2. To monitor its existing system for licensing imports of ozone-depleting substances, including quotas, introduced in 2001, which includes a commitment not to issue import licenses for CFCs, in order to remain in compliance with its plan of action;
    3. To report annually on the quantity of CFCs released pursuant to paragraph 6 (a) above;
    4. To ensure that any quantities of CFCs remaining after 2010 are not released on to its market except in compliance with Nepal’s obligations under the Montreal Protocol;
  7. To note that the measures listed in paragraph 6 above will enable Nepal to remain in compliance;
  8. To monitor closely the progress of Nepal with regard to the implementation of its plan of action and the phase-out of CFCs.