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Decision X/10: Review of the non-compliance procedure

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The Tenth Meeting of the Parties decided in Dec. X/10:

Recalling decision IV/5 on a non-compliance procedure of the Montreal Protocol adopted by the Fourth Meeting of the Parties,

Recalling also decision IX/35 on review of the non-compliance procedure adopted by the Ninth Meeting of the Parties,

Noting the report of the Ad Hoc Working Group of Legal and Technical Experts on Non-Compliance established by decision IX/35 (UNEP/OzL.Pro/WG.4/1/3) and, in particular, its conclusion that in general the non-compliance procedure has functioned satisfactorily but that further clarification was desirable and that some additional practices should be developed to streamline the procedure,

1. To express appreciation to the Ad Hoc Working Group for its report reviewing the non-compliance procedure;
2. To agree on the following changes in the text with a view to clarifying particular paragraphs of the non-compliance procedure:
1. In paragraph 2, the following should be substituted for the last sentence:

“If the Secretariat has not received a reply from the Party three months after sending it the original submission, the Secretariat shall send a reminder to the Party that it has yet to provide its reply. The Secretariat shall, as soon as the reply and information from the Party are available, but not later than six months after receiving the submission, transmit the submission, the reply and the information, if any, provided by the Parties to the Implementation Committee referred to in paragraph 5, which shall consider the matter as soon as practicable.”

2. In paragraph 3, the following should be substituted for the word “accordingly” at the end of the paragraph:

“, which shall consider the matter as soon as practicable”

3. In paragraph 5:
1. The following should be inserted after the second sentence:

“Each Party so elected to the Committee shall be requested to notify the Secretariat, within two months of its election, of who is to represent it and shall endeavour to ensure that such representation remains throughout the entire term of office.”

2. The following should be inserted after the third sentence:

“A Party that has completed a second consecutive two-year term as a Committee member shall be eligible for election again only after an absence of one year from the Committee.”

4. In paragraph 7, the following subparagraph should be inserted after subparagraph (c):

“(d)       To identify the facts and possible causes relating to individual cases of non-compliance referred to the Committee, as best it can, and make appropriate recommendations to the Meeting of the Parties;”

and the subsequent subparagraphs should be renumbered accordingly;

3. To agree, consistent with the Implementation Committee’s practice of reviewing all instances of non-compliance, that in situations where there has been a persistent pattern of non-compliance by a Party, the Implementation Committee should report and make appropriate recommendations to the Meeting of the Parties with the view to ensuring the integrity of the Montreal Protocol, taking into account the circumstances surrounding the Party’s persistent pattern of non-compliance. In this connection, consideration should be given to progress made by a Party towards achieving compliance and measures taken to help the non-compliant Party return to compliance;
4. To draw the attention of Parties to the amended non-compliance procedure as set out in annex II to the report of the Tenth Meeting of the Parties [see Section 3.5 in this Handbook];
5. To consider, unless the Parties decide otherwise, the operation of the non-compliance procedure again no later than the end of 2003.

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