Decision XVII/30: Potential non-compliance in 2004 with consumption of the controlled substances in Annex B group I (other fully halogenated chlorofluorocarbons) by China, and request for a plan of action

The Seventeenth Meeting of the Parties decided in Dec. XVII/30:

1. To note that China ratified the Montreal Protocol and the London Amendment on 14 June 1991 and the Copenhagen Amendment on 22 April 2003, 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 of the Multilateral Fund for Implementation of the Montreal Protocol in March 1993. The Executive Committee has approved $623,438,283 from the Multilateral Fund to enable the Party’s compliance in accordance with Article 10 of the Protocol;
2. To note further that China has reported annual consumption for the controlled substances in Annex B, group I (other CFCs), for 2004 of 20.539 ODP-tonnes, which exceeds the Party’s maximum allowable consumption level of 20.5336 ODP-tonnes for those controlled substances for that year, and that, in the absence of further clarification, China is presumed to be in non-compliance with the control measures of the Protocol;
3. To request China, as a matter of urgency, to submit to the Implementation Committee 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. China may wish to consider including in its plan of action the establishment of import quotas to support the phase-out schedule;
4. To monitor closely the progress of China with regard to the phase-out of the controlled substances in Annex B, group I (other CFCs). 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, China should continue to receive international assistance to enable it to meet its 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. Through the present decision, however, the Meeting of the Parties cautions China, in accordance with item B of the indicative list of measures, that, in the event that it fails to return to compliance in a timely manner, the Meeting of 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 the controlled substances in Annex B, group I (other CFCs), that are the subject of non-compliance is ceased so that exporting Parties are not contributing to a continuing situation of non-compliance.