Decision 57/30

Following the discussion, the Executive Committee decided:

1. To note:
   1. The progress report on the implementation of the national phase-out plan (NPP) for the Bolivarian Republic of Venezuela during the years 2007 and 2008;
   2. That the Bolivarian Republic of Venezuela was in non-compliance with its Agreement with the Executive Committee for the year 2006;
   3. That the Bolivarian Republic of Venezuela had taken action to effectively return to compliance with the Agreement referred to in sub-paragraph (a)(ii) above, for the year 2007;
   4. The commitment of the Government of the Bolivarian Republic of Venezuela, as reported by UNIDO, to export or destroy any remaining stockpiled CFCs;
2. To apply the penalty clause in the Agreement calculated at 20 per cent of the amount of the tranche being submitted to the Executive Committee for approval, for reasons of non- compliance with the Agreement, on the basis of the following considerations that:
   1. It was the first time that the country had been in non-compliance with the Agreement;
   2. Non-compliance with the Agreement would not lead to aggregated consumption for all years of the Agreement being larger than the aggregated values of the agreed consumption for those years; and
   3. The country had returned to compliance without additional assistance from the Fund;
3. Using the method outlined in sub-paragraph (b) above, to apply a penalty of US $128,366 to the fourth tranche of the NPP for the Bolivarian Republic of Venezuela;
4. To approve the fourth tranche of the NPP for the Bolivarian Republic of Venezuela at the amount of US $513,465, plus agency support costs of US $38,510 for UNIDO, which took into account the penalty calculated using the method outlined in sub‑paragraph (b) above;
5. To request UNIDO to submit, no later than eight weeks prior to the 61st Meeting of the Executive Committee, a verification of the level of stockpiles of CFCs at the end of the years 2008 and 2009, any export of CFCs during 2008 and 2009, and the destruction of any remaining CFCs not exported prior to December 2009; and
6. To approve the implementation programme for 2009, with the flexibility to include the need for the additional verification requested in sub-paragraph (e) above.