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Non-compliance issues

Non-compliance with data reporting requirement under Article 7

The Fourteenth Meeting of the Parties decided:

1.   to note that several Parties operating under Article 5 have not reported data for one or more of the base years (1986, 1989 or 1991) for one or more groups of controlled substances, as required by Article 7 paragraphs 1 and 2 of the Montreal Protocol;

2.   to note that Article 7 paragraphs (1) and (2) of the Protocol provides for Parties to submit best possible estimates of the data referred to in those provisions where actual data is not available;

3)      to request that the Secretariat should communicate with the Parties referred to in paragraph 1 above and offer assistance in reporting such estimates in accordance with Article 7 paragraphs (1) and (2).

(UNEP/OzL.Pro.14/9, Decision XIV/15).

The Fifteenth Meeting of the Parties decided:

1.   to recall decision XIV/15 of the Fourteenth Meeting of the Parties, on non compliance with data reporting requirements for the purpose of reporting data for base years;

2.   to note with appreciation that several Parties have submitted data for their base years following the adoption of decision XIV/15;

3.   to note, however, that the following Parties operating under Article 5, paragraph 1, have still not reported data for one or more of the base years (1986, 1989 or 1991) for one or more groups of controlled substances, as required by Article 7, paragraphs 1 and 2 of the Montreal Protocol: Cape Verde, China, Guinea-Bissau, Haiti, Honduras, Liberia, Libyan Arab Jamahiriya, Mali, Marshall Islands, Micronesia (Federated States of), Nauru, Nigeria, São Tomé and Príncipe, Somalia and Suriname;

4.   to note further that Article 7, paragraphs 1 and 2 of the Protocol provide for Parties to submit best possible estimates of the data referred to in those provisions where actual data are not available;

5.   to request the relevant Implementing Agencies of the Multilateral Fund to make available to the Secretariat any data they have obtained which may be relevant;

6.   to request the Secretariat to communicate with the Parties referred to in paragraph 3 above and to offer assistance in reporting such estimates in accordance with Article 7, paragraphs 1 and 2.

(UNEP/OzL.Pro.15/9, Decision XV/16).

The Sixteenth Meeting of the Parties decided:

1.   to note that the implementation of the Protocol by those Parties that have reported data is satisfactory;

2.   to note with appreciation that 175 Parties out of the 184 that should have reported data for 2003 have now done so, but that the following Parties have still not reported to date: Botswana, Lesotho, Liberia, Micronesia (Federated States of), Nauru, Russian Federation, Solomon Islands, Turkmenistan and Tuvalu;

3.   to note further that the Federated States of Micronesia has also still not reported data for 2001 and 2002;

4.   to note that this places those Parties in non-compliance with their data reporting obligations under the Montreal Protocol and to urge them, where appropriate, to work closely with the Implementing Agencies to report the required data to the Secretariat as a matter of urgency, and to request the Implementation Committee to review the situation of those Parties at its next meeting;

5.   to note also that lack of timely data reporting by Parties impedes effective monitoring and assessment of Parties’ compliance with their obligations under the Montreal Protocol;

6.   to recall decision XV/15, which encouraged the Parties to forward data on consumption and production to the Secretariat as soon as the figures were available, and preferably by 30 June each year, in order to enable the Implementation Committee to make recommendations in good time before the Meeting of the Parties;

7.   to note further with appreciation that 92 Parties out of the 184 that could have reported data by 30 June 2004 succeeded in meeting that deadline;

8.   to note also that reporting by 30 June each year greatly facilitates the work of the Executive Committee of the Multilateral Fund in assisting Parties operating under paragraph 1 of Article 5 to comply with the control measures of the Montreal Protocol;

9.   to encourage Parties to continue to report consumption and production data as soon as the figures are available, and preferably by 30 June each year, as agreed in decision XV/15.

(UNEP/OzL.Pro.16/17, Decision XVI/17).

The Seventeenth Meeting of the Parties decided:

1.   to note with appreciation that 185 Parties out of the 188 that should have reported data for 2004 have done so, and that 114 of those Parties reported their data by 30 June 2005 in conformance with decision XV/15;

2.   to note, however, that the following Parties have still not reported 2004 data: Cook Islands, Mozambique, Nauru;

3.   to note that this places the Parties listed in paragraph 2 in non-compliance with their data reporting obligations under the Montreal Protocol until such time as the Secretariat receives their outstanding data;

4.   to urge the Parties listed in paragraph 2, where appropriate, to work closely with the implementing agencies to report the required data to the Secretariat as a matter of urgency, and to request the Implementation Committee to review the situation of those Parties at its next meeting;

5.   to note also that lack of timely data reporting by Parties impedes effective monitoring and assessment of Parties’ compliance with their obligations under the Montreal Protocol;

6.   to note further that reporting by 30 June each year greatly facilitates the work of the Executive Committee of the Multilateral Fund for the Implementation of the Montreal Protocol in assisting Parties operating under paragraph 1 of Article 5 of the Protocol to comply with the Protocol’s control measures;

7.   to encourage Parties to continue to report consumption and production data as soon as figures are available, and preferably by 30 June each year, as agreed in decision XV/15.

(UNEP/OzL.Pro.17/11, Decision XVII/20).


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