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Decision XVII/29: Non-compliance with the Montreal Protocol by Chile

The Seventeenth Meeting of the Parties decided in Dec. XVII/29:

  1. To note that Chile ratified the Montreal Protocol on 26 March 1990, the London Amendment on 9 April 1992, the Copenhagen Amendment on 14 January 1994, the Montreal Amendment on 17 June 1998 and the Beijing Amendment on 3 May 2000, and 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 the Implementation of the Montreal Protocol in June 1992. The Executive Committee has approved $10,388,451 from the Multilateral Fund to enable the Party’s compliance in accordance with Article 10 of the Protocol;
  2. To note also that Chile’s baseline for the controlled substance in Annex B, group III (methyl chloroform), is 6.445 ODP-tonnes and its baseline for the controlled substance in Annex E (methyl bromide) is 212.510 ODP-tonnes. As the Party reported consumption of 6.967 ODP-tonnes of methyl chloroform and 274.302 ODP-tonnes of methyl bromide in 2003 and consumption of 3.605 ODP-tonnes of methyl chloroform and consumption of 262.776 ODP-tonnes of methyl bromide in 2004, it was in non-compliance with its obligations under Article 2E of the Montreal Protocol in 2003 and under Article 2H of the Montreal Protocol in 2003 and 2004;
  3. To note with appreciation Chile’s submission of a plan of action to ensure a prompt return to compliance with the Protocol’s methyl chloroform and methyl bromide control measures, and to note that under the plan, without prejudice to the operation of the financial mechanism of the Protocol, Chile specifically commits itself:
    1. To maintain methyl chloroform consumption at no more than 4.512 ODP-tonnes from 2005 until 2009, and then to reduce methyl chloroform consumption as follows:
      1. To 1.934 ODP-tonnes in 2010;
      2. To zero ODP-tonnes by 1 January 2015, save for essential uses that may be authorized by the Parties after that date;
    2. To reduce methyl bromide consumption from 262.776 ODP-tonnes in 2004 as follows:
      1. To 170 ODP-tonnes in 2005;
      2. To zero ODP-tonnes by 1 January 2015, save for critical uses that may be authorized by the Parties after that date;
    3. To introduce an enhanced ozone-depleting substances licensing and import quota system from the moment the bill is approved in Parliament and to ensure compliance in the interim period by adopting regulatory measures that the Government is entitled to apply;
  4. To note that Chile has reported data for 2004 that indicate that it has already returned to compliance with the Protocol’s methyl chloroform control measures, to congratulate Chile on that progress, and to urge the Party to work with the relevant implementing agencies to implement the remainder of the plan of action to achieve total phase-out of methyl chloroform;
  5. To note also that the measures listed in paragraph 3 above should enable Chile to return to compliance with the Protocol’s methyl bromide control measures by 2005, and to urge Chile to work with the relevant implementing agencies to implement the plan of action to achieve total phase-out of methyl bromide;
  6. To monitor closely the progress of Chile with regard to the implementation of its plan of action and the phase-out of methyl chloroform and methyl bromide. 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, Chile 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. Through the present decision, however, the Meeting of the Parties cautions Chile, 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 methyl chloroform and methyl bromide that is the substances that are the subject of non-compliance is ceased so that exporting Parties are not contributing to a continuing situation of non-compliance.

 

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