1. Ozone Secretariat UNEP
Agenda Item 3: Report by the Secretariat on Article 7 Data under the Montreal Protocol: th Meeting of the Implementation Committee under the Non-Compliance Procedure 4 – 5 November Bangkok, Thailand
Ozone Secretariat UNEP

2. Overview of issues covered
Status of Compliance with Data Reporting Obligations
Status of compliance with the control measures
Production of CFCs in non-A5 Parties to meet the BDN of A5 Parties (decision XVII/12(2))
Consolidated record of cases of stockpiling 2

3. Data Reporting Requirements under Article 7 paragraphs 1 & 2: Base Year Data
Requirement under Article 7 Paragraphs 1 & 2 is for reporting of data for the following years and groups of substances, all required within 6 months:
1986 for annex A
1989 for annexes B & C
1991 for annex E 3

4. Status of Base Year & Baseline Data Reporting:
Base Year Data & Baseline Data:
With the achievement of universal ratification in 2009, there are no new Parties to the Montreal Protocol required to report base year data 4

5. Data Reporting Requirements under Article 7 paragraph 3 : Annual Data
Second category of data reporting requirement is to report data every year from the year of entry into force of the Protocol or Amendment for a ratifying Party
Requirement defined in Article 7 paragraph 3
Annual reporting is required for ALL Parties, whether producing or not, whether consuming or not 5

6. Status of Annual Data Reporting under Article 7 paragraphs 3 and 3 bis
For the years 1986 to 2008, all the 196 Parties (100%) required to report data in this period have complied with their data reporting obligations under Article 7 paragraphs 3 and 3 bis
For the year 2009, [178] Parties have reported so far –
[11] more have reported since 21 October 2010 when document 45/2/Add.1 was prepared
Therefore [18] Parties of those listed in paragraph 4, section B of document 45/2/Add.1, are still in non- compliance with obligation to report annual data for the year 2009. 6

7. Libyan Arab Jamahiriya Luxembourg Mali
Non-compliance with Annual Data Reporting 2009 under Article 7 paragraphs 3 and 3 bis
Marshall Islands
Mozambique
Nauru
Qatar
Romania
Sao Tome and Principe
Slovenia
Syrian Arab Republic
United Arab Emirates
Bolivia
Burundi
Cape Verde
Congo (Republic)
Cook Islands
Eritrea
Libyan Arab Jamahiriya
Luxembourg
Mali 7

8. Timeliness of Annual Data Reporting: Parties reporting by 30th June and 30th Sept

9. Control Measures Applicable to Non-Article 5 Parties for the year 2009
For Non-Article 5 Parties, the applicable Control Measures defined by Articles 2A-2I
For 2009 for production* and consumption*
a) Annexes A, B, C/II, C/III & E: Phase-out of both Prod & Cons
b) HCFCs (C/I) Production: Freeze at baseline levels
c) HCFCs (C/I) Consumption: No greater than 65%
of the baseline
* except for quantities allowed, approved or exempted by the Protocol or the Meeting of Parties

10. Non-Article 5 Control measures: Exemptions and Allowances
Exemptions for essential uses of CFCs are approved yearly by Meetings of the Parties
Exemptions for 2009 are contained in decision XX/2
Similarly, exemptions for critical uses of methyl bromide are approved yearly
Exemptions for 2009 are contained in decision XX/5
Additionally, the Protocol provides allowances for extra production to meet the basic domestic needs of Article 5 Parties (≈ 10-15% of baselines)

11. Non-Article 5 Control measures: Other Factors to Consider
The Secretariat takes into account transfer of production rights between Parties. A summary of these transfers is usually presented in the end of year data report
Laboratory and analytical uses by Non-A5 Parties enjoy a global exemption (latest decision XXI/6 extends this exemption up to the year 2014 with some exceptions)
Finally, decision XVIII/17 requested the Committee to defer consideration of possible non-compliance attributable to stockpiling under scenarios covered by that decision until 21st MOP which agreed to place it on the agenda of 22nd MOP

12. Non-Article 5 Parties compliance with the control measures for 2008
Non-Article 5 Parties’ deviations from the Consumption and Production control measures and the associated clarifications are presented in table 11 of document 45/2
As will be noted from the table, for Non-Article 5 Parties, we do not have any cases yet of non-compliance with the control measures
Therefore for Non-Article 5 Parties for 2009 data received so far, there are no cases of possible non-compliance to be considered by the committee. 12

13. Control Measures Applicable to Article 5 Parties for the year 2009
Control Measures for Article 5 Parties – are defined under Article 5 paragraphs 8.bis & 8.ter
Annex Group 2009 maximum limit*
CFCs - Annexes A/I % of baseline
Halons - Annexes A/II % of baseline
Other CFCs - Annex B/I % of baseline
CCL4 - Annex B/II % of baseline
TCA - Annex B/III % of baseline
HBFCs - Annexes C/II Phase out from 1996
BCM - Annexes C/III Phase out from 2002
MeBr - Annex E/I % of baseline

14. Control Measures for Article 5 Parties: Allowances and Exceptions
Similar to non-Article 5 Parties, the Protocol provides allowances for extra production to meet the basic domestic needs of Article 5 Parties (≈ 10-15% of baselines)
Decision XVIII/17 applies equally to Article 5 Parties –
a decision that requested the Committee to defer consideration of situations of possible non-compliance attributable to stockpiling under scenarios covered by that decision until 21st MOP which agreed to place issue on the agenda of 22nd MOP

15. Control Measures for Article 5 Parties: Further Exemptions
Additionally, decision XIX/17 directed Implementation Committee to defer consideration of possible non-compliance for Article 5 Parties attributable to Laboratory and Analytical Uses of CCL4 until 2010
Finally, for Parties that were previously subject to decisions on non-compliance, and where those decisions contain agreed annual benchmarks reflecting commitment by those Parties to comply, those benchmarks are used as primary determinant of their commitments to reduce production and/or consumption levels

16. Article 5 Parties Compliance with the control measures for 2009
As will be noted from table 14 of document 45/2, most of the Parties under close monitoring due to previous situations of non-compliance are complying with commitments agreed in decisions of the Parties, with most being in compliance with control measures

17. Article 5 Parties with non-compliant situations with the control measures for 2009
There are no cases of non-compliance arising out of the data reported for 2009 by Article 5 Parties
All Parties with non-compliance decisions below had their ODS consumption for 2009 within benchmark commitments with no cases on non-compliance
Albania (decision XV/26)
Armenia (decision XVIII/20)
Belize (decision XIV/33)
Bosnia and Herzegovina (decision XV/30 and XXI/18)
Dominica (decision XVIII/22)

18. Article 5 Parties with non-compliant situations with the control measures for 2009
Ecuador (decision XX/16)
Iran (Islamic Republic of) (decision XIX/27)
Kyrgyzstan (decision XVII/36)
Lesotho (decision XVI/25)
Mexico (decisions XVIII/30 and XXI/20)
Namibia (decision XV/38)
Nepal (decision XVI/27)
Nigeria (decision XIV/30)
Paraguay (decision XIX/22)
Saint Vincent and the Grenadines (decision XVI/30)
Somalia (decision XX/19)
Uruguay (decision XVII/39)

19. Production in 2009 of CFCs in Non-Article 5 Parties to meet basic domestic needs of Article 5 Parties (decision XVII/12(2))
Decision requested the Secretariat to report the level of production of CFCs in non-Article 5 Parties to meet basic domestic needs of Article 5 Parties as compared to their allowed production
Decision also requested to include available data on transfer of production rights

20. Transfer Source /Destination Party
Production in 2009 of CFCs in non-Article 5 Parties to meet basic domestic needs of Article 5 Parties (decision XVII/12(2))
Country
BDN Allowance (ODP t)
Transfer Source /Destination Party
Transfer (ODP t)
BDN Produced ODP t
France
519.5
To Spain
(519.49)
N.R.
Greece
219
Italy
961.7
Japan
318
Netherlands
25.3

21. Production in 2009 of CFCs in non-Article 5 Parties to meet basic domestic needs of Article 5 Parties (decision XVII/12(2))
Country
BDN Allowance (ODP t)
Transfer Source/
Destination Party
Transfer (ODP t)
BDN Produced ODP t
Russian Federation
194.6
Spain
407.7
From France
From UK
519.49
525
1426
United Kingdom
1154.6
To Spain
To USA
(525)
(412)
United States
821.9
412
252.8
All Parties involved in the transfer of production rights, notified the Secretariat of the transfers, except Spain which is yet to confirm acceptance of transfer from France

22. Agenda Item 3: Report by the Secretariat on Article 9 Data under the Montreal Protocol:
Article 9 of the Protocol provides for each party to submit to the Secretariat, every 2 years, summary of activities doen to promote public awareness and exchange of information on environmental effects of ODS emissions
Two Parties 2 (Egypt and Lithuania) have reported information on this issue. The information is posted on Secretariat website.