Decision XV/24: Potential non-compliance with consumption of the controlled substance in Annex E (methyl bromide) by non-Article 5 Parties in 2002, and requests for plans of action

The Fifteenth Meeting of the Parties decided in Dec. XV/24:

1. To note that Latvia has reported annual data for 2001 which are above its requirement for a 50 per cent reduction in consumption of the controlled substance in Annex E, therefore placing Latvia in non-compliance with its obligations under Article 2H of the Montreal Protocol for 2001;
2. To note also, however, that Latvia had provided an explanation for its non-compliance and has subsequently reported Annex E data for 2002 that indicate its return to compliance;
3. To note that Israel has reported annual data for 2002 which are above its requirement for a 50 per cent reduction in consumption of the controlled substance in Annex E. In the absence of further clarification, Israel is presumed to be in non-compliance with the control measures under the Protocol;
4. To request Israel to submit to the Implementation Committee, as a matter of urgency, for consideration at its next meeting, an explanation for its excess consumption, together with a plan of action with time-specific benchmarks to ensure a prompt return to compliance. Israel may wish to consider including in its plan of action the establishment of import quotas to support the phase-out schedule, and policy and regulatory instruments that will ensure progress in achieving the phase-out;
5. To monitor closely the progress of Israel with regard to the phase-out of methyl bromide. To the degree that Israel 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. Through the present decision, however, the Parties caution Israel, 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 in a timely manner 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 methyl bromide (that is, the subject of non-compliance) is ceased and that exporting Parties are not contributing to a continuing situation of non-compliance.