The Montreal Protocol on Substances that Deplete the Ozone Layer

The Montreal Protocol on Substances that Deplete the Ozone Layer is a global agreement to protect the Earth’s ozone layer by phasing out the chemicals that deplete it. This phase-out plan includes both the production and consumption of ozone-depleting substances. The landmark agreement was signed in 1987 and entered into force in 1989.

The parties to the Protocol meet once a year to make decisions aimed at ensuring the successful implementation of the agreement. These include adjusting or amending the Protocol, which has been done six times since its creation. The most recent amendment, the Kigali Amendment, called for the phase-down of hydrofluorocarbons (HFCs) in 2016. These HFCs were used as replacements for a batch of ozone-depleting substances eliminated by the original Montreal Protocol. Although they do not deplete the ozone layer, they are known to be powerful greenhouse gases and, thus, contributors to climate change.

The Montreal Protocol provided a set of practical, actionable tasks that were universally agreed on. The Protocol has successfully met its objectives thus far and continues to safeguard the ozone layer today. Thanks to the collaborative effort of nations around the world, the ozone layer is well on its way to recovery.

Decision XXIX/14: Non-compliance in 2015 and 2016 with the provisions of the Montreal Protocol governing consumption of the controlled substance in Annex C, group I (hydrochlorofluorocarbons), by Kazakhstan

Noting that Kazakhstan ratified the Montreal Protocol on Substances that Deplete the Ozone Layer on 26 August 1998, the London Amendment on 26 July 2001, the Copenhagen Amendment and the Montreal Amendment on 28 June 2011 and the Beijing Amendment on 19 September 2014, and is classified as a party not operating under paragraph 1 of Article 5 of the Protocol,

Noting also that the Global Environment Facility has approved the amount of $5,688,452 to enable Kazakhstan to achieve compliance with the Protocol,

  1. To recall decision XXVI/13, in which the Twenty-Sixth Meeting of the Parties noted that Kazakhstan was in non-compliance with the consumption control measures under the Montreal Protocol on Substances that Deplete the Ozone Layer for hydrochlorofluorocarbons in the years 2011, 2012 and 2013 but also noted with appreciation the plan of action submitted by Kazakhstan to ensure its prompt return to compliance with those measures by 2016;
  2. To note with concern that Kazakhstan has reported annual consumption of the controlled substance in Annex C, group I (hydrochlorofluorocarbons), for 2015 of 12.1 ODP-tonnes and for 2016 of 5.0 ODP-tonnes, which is inconsistent with its commitment contained in decision XXVI/13 to reduce its consumption of hydrochlorofluorocarbons to no greater than 9.9 ODP-tonnes in 2015 and 3.95 ODP-tonnes in 2016 and with the Protocol’s requirement to limit consumption to no greater than 3.95 ODP-tonnes for each of those years, and that the party was therefore in non‑compliance with the consumption control measures for that substance under the Protocol for 2015 and 2016;
  3. To note with appreciation the submission by Kazakhstan of an explanation for that deviation along with a revised plan of action to return to compliance with the Protocol’s hydrochlorofluorocarbon control measures under which, without prejudice to the operation of the financial mechanism of the Protocol, Kazakhstan specifically commits itself to reducing its consumption of hydrochlorofluorocarbons to no greater than:
    1. 7.5 ODP-tonnes in 2017, 2018 and 2019;
    2. 6.0 ODP-tonnes in 2020;
    3. 3.95 ODP-tonnes in 2021;
    4. 0.5 ODP-tonnes in 2022, 2023 and 2024;
    5. Zero ODP-tonnes by 1 January 2025, save for consumption restricted to the servicing of refrigeration and air-conditioning equipment between the period from 2020 to 2030, as prescribed in the Protocol; 
  4. To continue to monitor closely progress by Kazakhstan with regard to the implementation of its plan of action and the phase-out of hydrochlorofluorocarbons, and that, 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 and, in that regard, should continue to receive international assistance to enable it to meet its commitments in accordance with item A of the indicative list of measures that may be taken by the Meeting of the Parties in respect of non‑compliance, as set out in annex V to the report of the Fourth Meeting of the Parties;[1]
  5. To caution Kazakhstan, under item B of the indicative list of measures that may be taken by the Meeting of the Parties in respect of non-compliance, that, should it fail to return to compliance, the Meeting of the Parties will consider measures consistent with item C of the indicative list of measures, which allows for the suspension of specific rights and privileges under the Protocol, and that this may include the possibility of actions available under Article 4, such as ensuring that the supply of hydrochlorofluorocarbons that are the subject of non-compliance is ceased so that exporting parties are not contributing to a continuing situation of non-compliance;
 

[1] UNEP/OzL.Pro.4/15.