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Decision XXIV/2 : Application to Bahrain, Bolivia (Plurinational State of), Chad, Ecuador, Haiti, Kenya and Nicaragua of paragraph 8 of Article 4 of the Montreal Protocol with respect to the Beijing Amendment to the Montreal Protocol

Considering paragraph 8 of Article 4 of the Montreal Protocol, which reads:

Notwithstanding the provisions of this Article, imports and exports referred to in paragraphs 1 to 4 ter of this Article may be permitted from, or to, any State not party to this Protocol, if that State is determined, by a meeting of the Parties, to be in full compliance with Article 2, Articles 2A to 2I and this Article, and have submitted data to that effect as specified in Article 7”,

Acknowledging that Bahrain, Bolivia (Plurinational State of), Chad, Ecuador, Haiti, Kenya and Nicaragua have notified the Secretariat that their ratification processes of the Beijing Amendment are under way and that they will do all that is possible to complete the procedures as expeditiously as possible,

Expressing regret that despite their best efforts, Bahrain, Bolivia (Plurinational State of), Chad, Ecuador, Haiti, and Kenya will not be able to ratify the Beijing Amendment before the last day of the Twenty‑Fourth Meeting of the Parties,

Noting that although the Implementation Committee has not specifically considered the situation of Bahrain, Bolivia (Plurinational State of), Chad, Ecuador, Haiti, and Kenya in the context of paragraph 8 of Article 4 of the Montreal Protocol, the report of the Implementation Committee to the Twenty-Fourth Meeting of the Parties indicates that all of those parties are in full compliance with Article 2, Articles 2A to 2I and Article 4 of the Protocol, including its Beijing Amendment, and have submitted data to that effect as specified in Article 7,

  1. That on the basis of the data submitted under Article 7 of the Protocol, Bahrain, Bolivia (Plurinational State of), Chad, Ecuador, Haiti, Kenya and Nicaragua are in full compliance with Articles 2, Articles 2A to 2I and Article 4 of the Protocol, including its Beijing Amendment;
  2. That the exceptions provided for in paragraph 8 of Article 4 of the Protocol shall apply to Bahrain, Bolivia (Plurinational State of), Chad, Ecuador, Haiti, Kenya and Nicaragua from 1 January 2013;
  3. That the determination in paragraph 1 of the present decision and the exceptions referred to in paragraph 2 of the present decision shall expire at the end of the Twenty-Fifth Meeting of the Parties;
  4. That the term “State not party to this Protocol” in Article 4, paragraph 9 applies to those States operating under Article 5, paragraph 1, of the Protocol that have not agreed to be bound by Beijing Amendment and that are not listed in paragraph 2 of the present decision, unless such a State has by 31 March 2013:
    1. Notified the Secretariat that it intends to ratify, accede to or accept the Beijing Amendment as soon as possible;
    2. Certified that it is in full compliance with Articles 2, 2A to 2I and Article 4 of the Protocol, as amended by the Copenhagen Amendment;
    3. Submitted data under subparagraphs (a) and (b) above to the Secretariat, in which case that State shall fall outside the definition of a “State not party to this Protocol” until the conclusion of the Twenty-Fifth Meeting of the Parties and the information so submitted will be posted by the Ozone Secretariat on its website within a week of receipt;
  5. That the term “State not party to this Protocol” includes all other States and regional economic integration organizations that have not agreed to be bound by the Beijing Amendment;
  6. That any State that has not agreed to be bound by the Beijing Amendment and that seeks an exception as provided for in paragraph 8 of Article 4 of the Protocol beyond the Twenty-Fifth Meeting of the Parties may do so by submitting a request to the Ozone Secretariat prior to the beginning of the meeting of the Implementation Committee that immediately precedes the Meeting of the Parties, that the Secretariat will notify the Committee of any such request, that the Committee will review relevant data submitted in accordance with Article 7 and develop a recommendation for consideration by the parties and that such requests seeking the exception provided for in paragraph 8 of Article 4 will be considered on an annual basis;