Skip to main content

Decision XVIII/28: Non-compliance with the Montreal Protocol by Kenya

  1. To note that Kenya ratified the Montreal Protocol on 9 November 1988, the London and Copenhagen Amendments on 27 September 1994 and the Montreal Amendment on 12 July 2000, is classified as a Party operating under paragraph 1 of Article5of the Protocol and had its country programme approved by the Executive Committee of the Multilateral Fund for the Implementation of the Montreal Protocol in July 1994. The Executive Committee has approved $4,579,057 from the Multilateral Fund to enable Kenya’s compliance in accordance with Article10 of the Protocol;
  2. To note also that Kenya has reported annual consumption for the controlled substances in Annex A, group I, (CFCs) for 2005 of 162.210 ODP-tonnes, which exceeds the Party’s maximum allowable consumption level of 119.728 ODP-tonnes for those controlled substances for that year, and that Kenya is therefore in non‑compliance with the control measures for CFCs under the Protocol;
  3. To note with appreciation Kenya’s submission of a plan of action to ensure a prompt return to compliance with the Protocol’s CFC control measures and to note that, under the plan, without prejudice to the operation of the financial mechanism of the Protocol, Kenya specifically commits itself:
    1. To reduce CFC consumption from 162.210 ODP-tonnes in 2005 to 60.00 ODP‑tonnes in 2006;
    2. To further reduce CFC consumption from 60.00 ODP-tonnes in 2006 to 30.00 ODP‑tonnes in 2007;
    3. To further reduce CFC consumption from 30.00 ODP-tonnes in 2007 to 10.00 ODP‑tonnes in 2008;
    4. To further reduce CFC consumption from 10.00 ODP-tonnes in 2008 to zero (0.00) ODP‑tonnes in 2009, save for essential uses that may be authorized by the Parties after 1 January 2010;
    5. To monitor its system for licensing the import and export of ozone‑depleting substances, which includes import quotas;
  4. To urge Kenya to gazette the ozone‑depleting substances regulations required to establish and implement its system for licensing the import and export of ozone‑depleting substances, which includes import quotas, as soon as possible and preferably no later than 31 December 2006;
  5. To note that the measures listed in paragraph 3 above should enable Kenya to return to compliance with the Protocol in 2006 and to urge Kenya to work with the relevant implementing agencies to implement the plan of action to phase out consumption of CFCs;
  6. To monitor closely the progress of Kenya with regard to the implementation of its plan of action and the phase-out of CFCs. To the degree that the Party is working towards and meeting the specific Protocol control measures, it should continue to be treated in the same manner as a Party in good standing. In that regard, Kenya should continue to receive international assistance to enable it to meet those commitments in accordance with item A of the indicative list of measures that may be taken by a Meeting of the Parties in respect of non‑compliance. Through the present decision, however, the Parties caution Kenya, in accordance with item B of the indicative list of measures, that, in the event that it fails to remain in compliance, the Parties will consider measures consistent with item C of the indicative list of measures. Those measures may include the possibility of actions available under Article4, such as ensuring that the supply of CFCs that are the subject of non‑compliance is ceased so that exporting Parties are not contributing to a continuing situation of non‑compliance;