Decision XXXVII/12: Non-compliance with the Montreal Protocol on Substances that Deplete the Ozone Layer by the Democratic People’s Republic of Korea
The Thirty-Seventh Meeting of the Parties,
Recalling decision XXXII/6, in which the Thirty-Second Meeting of the Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer noted that the Democratic People’s Republic of Korea was in non-compliance with the control measures under the Protocol in relation to hydrochlorofluorocarbon production and consumption in 2019, but also noted with appreciation the plan of action submitted by the party to ensure its return to compliance with those measures in 2023,
Noting with concern that the Democratic People’s Republic of Korea reported, for 2021, annual production of 24.81 ozone-depleting-potential tonnes (ODP-tonnes) of hydrochlorofluorocarbons and annual consumption of 58.03 ODP-tonnes of hydrochlorofluorocarbons, which is higher than its commitment, set out in decision XXXII/6, to reduce its production and consumption of hydrochlorofluorocarbons to no greater than 24.80 ODP-tonnes and 58.00 ODP-tonnes, respectively,
Noting also with concern that the Democratic People’s Republic of Korea reported, for 2023, annual production of 24.77 ODP-tonnes of hydrochlorofluorocarbons and annual consumption of 57.76 ODP-tonnes of hydrochlorofluorocarbons, which is higher than its commitment, as set out in decision XXXII/6, to reduce its production and consumption of hydrochlorofluorocarbons to no greater than 0 ODP-tonnes and 33.20 ODP-tonnes, respectively,
Noting further with concern that the Democratic People’s Republic of Korea reported, for 2024, annual production of 21.61 ODP-tonnes of hydrochlorofluorocarbons and annual consumption of 51.43 ODP-tonnes of hydrochlorofluorocarbons, which is higher than its commitment, as set out in decision XXXII/6, to reduce its production and consumption of hydrochlorofluorocarbons to no greater than 17.9 ODP-tonnes and 50.7 ODP-tonnes, respectively,
Noting with serious concern that, despite several requests by the Implementation Committee under the Non-Compliance Procedure for the Montreal Protocol in its recommendations 68/4, 69/4, 70/2, 72/3 and 74/2 and repeated reminders by the Ozone Secretariat, the Democratic People’s Republic of Korea has not provided an explanation for the deviations of the data reported for 2021, has not submitted a revised plan of action to ensure its return to compliance and has not submitted a progress report on its efforts to establish additional national policies facilitating the phase-out of hydrochlorofluorocarbons, as urged in decisions XXXV/18 and XXXVI/16,
Noting also with serious concern that the Democratic People’s Republic of Korea has not provided an explanation for the deviations for the data reported for 2023 and 2024, as urged by the Implementation Committee in its recommendation 74/2,
Recalling decisions XXXII/6, XXXV/18 and XXXVI/16, in which the Meeting of the Parties cautioned the Democratic People’s Republic of Korea, in accordance with item B of the indicative list of measures that may be taken by the Meeting of the Parties in respect of non-compliance, that if the Democratic People’s Republic of Korea failed to return to compliance, the parties would consider measures consistent with item C of the indicative list of measures, including the possibility of actions available under Article 4 of the Montreal Protocol, such as ensuring that the supply of hydrochlorofluorocarbons, the substances that were the subject of non-compliance, was ceased so that exporting parties did not contribute to a continuing situation of non-compliance,
Decides:
- In order to assist the Democratic People’s Republic of Korea in returning to compliance with the control measures in relation to hydrochlorofluorocarbons under the Montreal Protocol on Substances that Deplete the Ozone Layer, to agree to suspend, consistent with item C of the indicative list of measures that might be taken by the Meeting of the Parties in respect of non‑compliance with the Protocol, the rights and privileges of parties to the Protocol relating to trade in hydrochlorofluorocarbons, the substances that are the subject of non‑compliance, between the Democratic People’s Republic of Korea and other parties to the Protocol, such that no such trade will be permissible under the Protocol;
- That the suspension of trade referred to in paragraph 1 above will continue until such time as the Democratic People’s Republic of Korea returns to compliance with control measures in relation to hydrochlorofluorocarbons under the Montreal Protocol, as recommended by the Implementation Committee under the Non‑Compliance Procedure for the Montreal Protocol on the basis of data reported pursuant to Article 7 or until otherwise decided by the Meeting of the Parties.