Decision XV/22: Potential non-compliance with consumption of Annex A, group II, ozone-depleting substances (halons) by Article 5 Parties in 2002, and requests for plans of action

The Fifteenth Meeting of the Parties decided in Dec. XV/22:

1. To note that the following Article 5 Parties have reported annual data for Annex A, group II substances for 2002 which are above their requirement for a freeze in consumption: Malaysia, Mexico, Nigeria and Pakistan. In the absence of further clarification, those Parties are presumed to be in non-compliance with the control measures under the Protocol;
2. To request those Parties to submit to the Implementation Committee, as a matter of urgency, for consideration at its next meeting, an explanation for their excess consumption, together with plans of action with time-specific benchmarks to ensure a prompt return to compliance. Those Parties may wish to consider including in their plans of action the establishment of import quotas to freeze imports at baseline levels and support the phase-out schedule; policy and regulatory instruments that will ensure progress in achieving the phase-out; and work with implementing agencies to identify alternatives to Annex A, group II, substances;
3. To monitor closely the progress of those Parties with regard to the phase-out of halons. To the degree that those Parties are working towards and meeting the specific Protocol control measures, they should continue to be treated in the same manner as Parties in good standing. In that regard, those Parties should continue to receive international assistance to enable them to meet their 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 Parties caution those Parties, in accordance with item B of the indicative list of measures, that in the event that any Party 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 halons (that is, the subject of non-compliance) is ceased and that exporting Parties are not contributing to a continuing situation of non-compliance.