Decision 60/35

After hearing the report of the informal group, the Executive Committee decided:

1. To take note of the progress report on the implementation of the second to fourth tranches of the national ODS phase-out plan (NPP) for Bangladesh, and the verification report on 2008 CFC consumption, as contained in document UNEP/OzL.Pro/ExCom/60/21;
2. To note the fast track implementation of the project for the phase-out of CFCs used for the manufacture of metered dose inhalers (MDIs) approved by the Executive Committee at its 52^nd Meeting, which had so far resulted in the reduction of 46 ODP tonnes of CFCs;
3. To apply the penalty clause in the Agreement between the Government of Bangladesh and the Executive Committee, calculated, at 50 per cent of the amount for each of the fifth and sixth tranches being submitted to the Executive Committee for approval, for reasons of non-compliance with the Agreement, on the basis that no sufficient and timely regulatory controls on imports of CFCs for the refrigeration servicing sector had been applied to curtail consumption in the sector;
4. Using the method outlined in sub-paragraph (c) above, to apply a total penalty of US $81,500 for the fifth and sixth tranches of the NPP for Bangladesh;
5. To approve the fifth and sixth tranches of the NPP for Bangladesh at a total funding level of US $55,000, plus agency support costs of US $4,125 for UNDP, and US $26,500, plus agency support costs of US $3,445 for UNEP, which took into account the penalty using the method outlined in sub-paragraph (c) above;
6. To request the Government of Bangladesh and UNDP to submit to the 61^st Meeting a detailed progress report on the implementation of the NPP for Bangladesh and a comprehensive plan of action associated with the seventh and last tranche of the NPP to sustain compliance with the Montreal Protocol targets in 2010 and beyond, including extension of activities to address HCFC controls and reductions; and
7. To note that the maximum level of CFC consumption from 1 January 2010 was zero, as stipulated in the Agreement, except for any essential uses of CFCs that the Parties might approve for Bangladesh for the production of MDIs.