Decision 49/4

Following the discussion, the Executive Committee decided:

1. To note the report on the status of the 2006 business plans as contained in documents UNEP/OzL.Pro/ExCom/49/5 and Add.1, the fact that activities required for compliance, amounting to US $65.4 million, should be submitted to the 50^th Meeting, and that the value of forward commitments approved at the 49^th Meeting was US $1.2 million below the value in the 2006-2008 business plan of the Multilateral Fund;
2. To note that the list of projects and agreements contained in Annex III to document UNEP/OzL.Pro/ExCom/49/5, with a total value of over US $6.2 million, for countries that had been subject to decisions on compliance and for which the required action had not been accomplished as at 26 May 2006, should be submitted to the 50^th Meeting of the Executive Committee to prevent any delays in the implementation of activities that might facilitate compliance;
3. To include an item in the agenda for its 50^th Meeting on priorities for the triennium, beyond the needs identified by the compliance-oriented model, taking into account the remaining US $40 million in unallocated funds for the triennium;
4. To modify the existing performance indicators, starting with the business plans for 2007, as follows:
   1. By removing the words“policy” and“regulatory” from the example for the indicator“Milestone activities completed” so that the example reads as follows:“Milestone activities completed/ODS levels achieved for approved multi-year annual tranches versus those planned”;
   2. By defining the indicator“Percentage of policy/regulatory assistance completed versus that planned” as activities to be undertaken by the implementing agencies in assisting Article 5 countries in the development/adoption/implementation of relevant policy and regulatory activities including, but not limited to:

- Enactment of licensing quota systems for all controlled substances under the Montreal Protocol (and not limited to CFCs only), and informing the Ozone Secretariat accordingly;

- Ratification of remaining amendments to the Montreal Protocol, when applicable;

- Addressing relevant decisions taken by the Parties to the Montreal Protocol in regard to specific compliance issues;

- Enactment of legislation/regulation for the certification of technicians, when applicable;

- Establishment of bans on the import of controlled substances as in the case of halon and ODS-containing equipment;

- Modifications to fire/equipment codes; and

- Legislation to combat illegal trade in ODS.

5. That the needs for assistance would be identified at the beginning of each year at the annual business plan coordination meeting and the activities to be undertaken would be based, inter alia, on specific requests from countries, activities already proposed in individual projects and/or in multi-year agreements, and actions associated with institutional strengthening projects;
6. To urge bilateral and multilateral implementing agencies to submit those activities required for compliance in the 2006 business plans to the 50^th Meeting;
7. To request the Secretariat to prepare a brief document, for consideration by the Executive Committee at its 50^th Meeting, outlining all remaining phase-out obligations of Article 5 Parties by year and by triennium, and any decisions by the Executive Committee and the Meeting of the Parties that could be pertinent to the discussion referred to under subparagraph (c) above;
8. To defer to the 50^th Meeting of the Executive Committee any consideration of further action regarding activities linked to projects for Angola and Ethiopia, which had initially been included in Germany’s business plan, pending:
9. A letter from Angola confirming that its terminal phase-out management plan (TPMP) was to remain in Germany’s business plan despite the fact that there were no funds currently available in Germany’s 2006-2008 bilateral allocation;
10. Confirmation from Ethiopia that its TPMP would be included in France’s business plan;
11. To note confirmation from Algeria that its TPMP was to be included in the business plan of UNIDO; and
12. To note confirmation from Uganda that its TPMP was to be included in the business plan of France.