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Decision XXI/23: Non-compliance with the Montreal Protocol by Somalia

Noting that Somalia ratified the Montreal Protocol and its London, Copenhagen, Montreal and Beijing Amendments on 1 August 2001 and is classified as a Party operating under paragraph 1 of Article 5 of the Protocol,

Noting also that, while Somalia has not yet had a country programme approved by the Executive Committee of the Multilateral Fund, a country programme has been submitted to the Committee for consideration at its fifty-ninth meeting and is recommended for approval,

  1. That Somalia reported annual consumption for the controlled substances in AnnexA, group I (chlorofluorocarbons), for 2007 of 79.5 ODP-tonnes, which exceeds the Party’s maximum allowable consumption of 36.2 ODP-tonnes for those controlled substances for that year and that Somalia was therefore in non‑compliance with the control measures for those substances under the Protocol for that year;
  2. To note, however, that Somalia’s reported chlorofluorocarbon consumption for 2008 was in compliance with its obligations under the chlorofluorocarbon control measures of the Montreal Protocol for that year;
  3. To note with appreciationSomalia’s introduction, as called for in decision XX/19, of a system for licensing the imports and exports of ozone-depleting substances, including import quotas, which had taken effect from October 2009;
  4. To note also with appreciation Somalia’s submission of a plan of action to ensure its prompt return to compliance with the Protocol’s chlorofluorocarbon control measures under which, without prejudice to the operation of the financial mechanism of the Protocol, Somalia specifically commits itself:
    1. To reducing chlorofluorocarbon consumption to no greater than zero ODP-tonnes in 2010, save for essential uses that may be authorized by the Parties;
    2. To monitoring its system for licensing the import and export of ozone‑depleting substances, including import quotas;
  5. To urge Somalia to work with the relevant implementing agencies to implement its plan of action to phase out consumption of chlorofluorocarbons;
  6. To monitor closely the progress of Somalia with regard to the implementation of its plan of action and the phase-out of chlorofluorocarbons. 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, Somalia 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;
  7. To caution Somalia in accordance with item B of the indicative list of measures that may be taken by a Meeting of the Parties in respect of non-compliance, that, in the event that it fails to return to compliance, 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 Article4, such as ensuring that the supply of chlorofluorocarbons that are the subject of non‑compliance is ceased so that exporting Parties are not contributing to a continuing situation of non‑compliance;