The import was in fact another chemical that is not controlled by the Protocol.

The report of the forty fifth meeting of the Executive Committee to the Multilateral Fund, held in April 2005, recorded the Committee's approval of a methyl bromide agreement with Chile, under which the Party committed itself to reducing total national consumption of methyl bromide to no more than the following levels of consumption in the years listed below

2005 170 ODP tonnes 2006 125 ODP tonnes 2007 84.0 ODP tonnes 2008 65.0 ODP tonnes 2009 50.0 ODP tonnes 2010 43.0 ODP tonnes 2011 36.0 ODP tonnes 2012 31.0 ODP tonnes 2013 zero ODP tonnes.

The agreement further stated that Chile committed to permanently sustaining these annual consumption levels through the use of import restrictions and other policies it may deem necessary .

As Chile's methyl bromide baseline is 212.51 ODP tonnes, the above phase out schedule would ensure the Party returned to compliance with the Protocol's methyl bromide control measures in 2005.

Ozone Depletion 50 million

Among these threats, ozone depletion is high on the agenda.

It has long been understood that stratospheric ozone depletion and climate change are linked.

Lesotho has reported its outstanding data for 2003, including halon consumption of 1.0 ODP tonne, which is in excess of its obligation under the Protocol to freeze halon consumption at its baseline level of 0.2 ODP tonnes, but does represent a reduction in halon consumption compared to 2002, indicating that the Party was working towards compliance with the Protocol's control measures in accordance with paragraph 5 of decision XVI 25.

This represents an increase in consumption, compared to the downward trend of the preceding four years, during which time Azerbaijan reduced its CFC consumption from 87.76 ODP tonnes in 2000 to 10.2 ODP tonnes in 2003.

The plan includes Lesotho's commitment to reduce its halon consumption from 1.8 ODP tonnes in 2002 to 0.8 ODP tonnes in 2004, to introduce a quota system for the import of halon and a ban on the import of halon based equipment and systems in 2005.

Since methyl bromide had a short atmospheric lifetime, reductions in its use would have an immediate effect on ozone depletion.

Azerbaijan has responded to decision XVI 21, reporting its Annex A group I substances (CFC) consumption for 2004 of 69.9 ODP tonnes.

In terms of findings, the Panel had noted that the emission reduction potential from foam end of life measures would be in excess of 190,000 ODP tonnes by 2100.

Accordingly, the GEF ozone depletion focal area involves support to the economies in transition in Eastern Europe and Central Asia for mitigating ozone layer depletion (for countries not covered under the Montreal Protocol's financial mechanism). GEF OPS2, at 5.

Item 3 (d) Consideration of the Technology and Economic Assessment Panel Intergovernmental Panel on Climate Change assessment report as it relates to actions to address ozone depletion (decision XIV 10)

The Party has submitted its outstanding 2003 methyl bromide data, reporting consumption of 0.3 ODP tonnes that is consistent with the consumption reduction benchmark contained in its plan of action for that year.

Exhaustion of local remedies

Exhaustion of domestic remedies

C. Stratospheric ozone

Ozone depletion

The World Bank, which is also providing institutional strengthening assistance to Chile, further advised informed the Fund Secretariat that it hads been supporting the national ozone unitNOU in the development of a regulation to ensure that annual ODS imports doid not exceed the maximum allowable levels under the Protocol, and that the regulation is under discussion in Congress and expected to be in force before the last quarter of 2005.

Speaking on other issues considered by CTOC, he observed that the total emissions from feedstocks could be approximately 600 to 6,000 ODP tonnes per year, but more work would be done on this.

Those Parties who celebrated Ozone Day this year are to be commended and all Parties are urged to consider celebrating Ozone Day as a way of promoting awareness both of the ozone regime and of the continuing need for vigilance in our efforts to protect the ozone layer.

These discussions complemented information from existing surveys and reports based on project monitoring.

Procedural issues Exhaustion of domestic remedies

This consumption exceeds the Party's maximum allowable consumption level of zero ODP tonnes for those controlled substances for that year and, in the absence of further clarification, Guyana is therefore presumed to be in non compliance with the control measures under the Protocol

Current state of the ozone layer.

Based upon re calculation of funding requirement due to early submission of one project in 2005, expected for the next triennium.

Source Ozone Secretariat database.

Financial reports and budgets for the trust funds for the Vienna Convention for the Protection of the Ozone Layer and the Montreal Protocol on Substances that Deplete the Ozone Layer

The RNCs foster the exchange of information between NOUs, organize regional meetings for participation by NOUs and generally enhance national effort to meet Protocol obligations.

Financial reports and budgets of the trust funds of the Vienna Convention

Draft article 14 Exhaustion of local remedies

Article 35(1) also provides that it is for each panel to determine the admissibility, relevance, materiality and weight of any documents and other evidence submitted .

Seventeenth Meeting of the Parties to

Source calculated from Ozone Secretariat data

A5 countries classified according to UNEP regional networks of ozone officers A5 countries only, including Turkey Calculated from Ozone Secretariat data.

Exceptions to the local remedies rule

In addition to the above noted activities, scientific and other research related activities that were reported on included studies on ozone variation, temperature influences on ozone, the interaction between ozone and climate and climactic profiles of ozone.

All of these ozone depleting substances contain either chlorine or bromine (substances containing only fluorine do not harm the ozone layer).

The anion has the V shape of the ozone molecule.

They are implicated in the formation of ozone holes.

That complaint had been rejected on grounds of non exhaustion of domestic remedies.

Substantive issues Failure to exhaust domestic remedies burden of proof