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 XXVI/13: Non-compliance with the Montreal Protocol by Kazakhstan

Noting that Kazakhstan ratified the Montreal Protocol on Substances that Deplete the Ozone Layer on 26 August 1998, the London Amendment to the Protocol on 26 July 2001, the Copenhagen and Montreal amendments 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 previously approved funding in the amount of $6,024,696 to enable Kazakhstan to achieve compliance with control measures of the Protocol other than those applicable to hydrochlorofluorocarbons and methyl bromide,

Noting with concern that a methyl bromide project submitted to the Global Environment Facility was rejected and that the Facility’s consideration of a hydrochlorofluorocarbon project proposal was still at an early stage,

  1. That Kazakhstan’s annual consumption of the controlled substances in Annex C, group I (hydrochlorofluorocarbons), of 90.75 ODP-tonnes for 2011, 21.36 ODP-tonnes for 2012 and 83.32 ODP-tonnes for 2013 exceeds the party’s maximum allowable consumption of 9.9 ODP-tonnes for those controlled substances for those years and that the party was therefore in non‑compliance with the consumption control measures under the Protocol for hydrochlorofluorocarbons;
  2. That Kazakhstan’s annual consumption of the controlled substance in Annex E (methyl bromide) of 6.0 ODP-tonnes in 2011 and 19.0 ODP-tonnes in 2013 exceeds the party’s maximum allowable consumption of zero ODP-tonnes for that controlled substance for those years and that the party was therefore in non‑compliance with the consumption control measures under the Protocol for methyl bromide;
  3. To note with appreciation the submission by Kazakhstan of a plan of action to ensure its return to compliance with the Protocol’s hydrochlorofluorocarbon and methyl bromide control measures under which, without prejudice to the operation of the financial mechanism of the Protocol, Kazakhstan specifically commits itself:
    1. To reducing its consumption of hydrochlorofluorocarbons from 83.32 ODP-tonnes in 2013 to no greater than:
      1. 40 ODP-tonnes in 2014;
      2. 9.9 ODP-tonnes in 2015;
      3. 3.95 ODP-tonnes in 2016, 2017, 2018 and 2019;
      4. Zero ODP-tonnes by 1 January 2020, save for consumption restricted to the servicing of refrigeration and air-conditioning equipment between the period 2020 and 2030 as prescribed in the Protocol;
    2. To reducing its consumption of methyl bromide from 19.0 ODP-tonnes in 2013 to no greater than:
      1. 6.0 ODP-tonnes in 2014;
      2. Zero ODP-tonnes by 1 January 2015, save for critical uses that may be authorized by the parties;
    3. To monitoring its system for licensing imports and exports of ozone-depleting substances;
  4. To invite the relevant implementing agencies to work with Kazakhstan to secure the reconsideration of the party’s proposed methyl bromide project and consideration of the party’s proposed hydrochlorofluorocarbon project by the Global Environment Facility;
  5. To urge Kazakhstan to work with the relevant implementing agencies to implement its plan of action to phase out consumption of hydrochlorofluorocarbons and methyl bromide;
  6. To monitor closely the progress of Kazakhstan with regard to the implementation of its plan of action and the phase-out of hydrochlorofluorocarbons and methyl bromide. 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, Kazakhstan 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 the Meeting of the Parties in respect of non‑compliance;
  7. To caution Kazakhstan, in accordance with item B of the indicative list of measures that may be taken by the Meeting of the Parties in respect of non-compliance, that, in the event that Kazakhstan fails to return to 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 Article 4, such as ensuring that the supply of hydrochlochlorofluorocarbons and methyl bromide that are the subject of non‑compliance is ceased so that exporting parties are not contributing to a continuing situation of non‑compliance;