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Decision XIII/19: Compliance with the Montreal Protocol by Kazakhstan

The Thirteenth Meeting of the Parties decided in Dec. XIII/19:

  1. To note that Kazakhstan ratified the Montreal Protocol on 26 August 1998 and the London Amendment on 26 July 2001. The country is classified as a non-Article 5 Party under the Protocol. The data for 1998 through 2000 in Kazakhstan’s country programme that was submitted to the Implementation Committee indicate positive consumption of Annex A and B substances, none of which was for essential uses exempted by the Parties. As a consequence, in 1998 through 2000, Kazakhstan is in non-compliance with its control obligations under Articles 2A through 2E of the Montreal Protocol. Kazakhstan expresses a belief that this situation will continue through at least the year 2004, necessitating annual review by the Implementation Committee and the Parties until such time as Kazakhstan comes into compliance;
  2. To express great concern about Kazakhstan’s non-compliance and to note that Kazakhstan only very recently assumed the obligations of the Montreal Protocol, having ratified the Montreal Protocol in 1998 and the London Amendment in 2001. It is with that understanding that the Parties note, after reviewing the country programme and submissions of Kazakhstan, that Kazakhstan specifically commits itself:
    1. To reduce CFC consumption to 162 ODP tonnes for calendar year 2002, to 54 ODP tonnes for 2003; and to phase out CFC consumption by 1 January 2004 (save for essential uses authorized by the Parties);
    2. To establish, by 1 January 2003, a system for licensing imports and exports of ODS;
    3. To establish, by 1 January 2003, a ban on imports of ODS-using equipment;
    4. To reduce halon consumption to 5.08 ODP tonnes for the calendar year 2002 and to phase out halon consumption by 1 January 2003;
    5. To phase out carbon tetrachloride and methyl chloroform consumption by 1 January 2002;
    6. To reduce methyl bromide consumption to 2.7 ODP tonnes for calendar year 2002, to 0.44 ODP tonnes for calendar year 2003, and to phase out methyl bromide consumption by 1 January 2004;
  3. That the measures listed in paragraph 2 above should enable Kazakhstan to achieve the near total phase-out of all Annexes A, B and E controlled substances by 1 January 2004. In this regard, the Parties urge Kazakhstan to work with relevant implementing agencies to shift current consumption to non-ozone-depleting alternatives;
  4. To closely monitor the progress of Kazakhstan with regard to the phase-out of ozone-depleting substances, particularly towards meeting the specific commitments noted above. In this regard, the Parties request that Kazakhstan should submit a complete copy of its country programme and subsequent updates, if any, to the Ozone Secretariat. To the degree that Kazakhstan is working towards and meeting the specific time-based commitments noted above and continues to report data annually demonstrating a decrease in imports and consumption, Kazakhstan should continue to be treated in the same manner as a Party in good standing. In this regard, Kazakhstan should continue to receive international assistance to enable it to meet these commitments in accordance with item A of the indicative list of measures that might be taken by a Meeting of the Parties in respect of non-compliance. However, through this decision, the Parties caution Kazakhstan, in accordance with item B of the indicative list of measures, that in the event that the country fails to meet the commitments noted above in the times specified, the Parties shall consider measures, consistent with item C of the indicative list of measures. These measures could include the possibility of actions that may be available under Article 4, designed to ensure that the supply of Annex A and B controlled substances that is the subject of non-compliance is ceased, and that exporting Parties are not contributing to a continuing situation of non-compliance.