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 XXV/12: 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 on 26 July 2001 and the Copenhagen and Montreal amendments on 28 June 2011, and is classified as a party not operating under paragraph 1 of Article 5 of the Protocol,

Noting also that the Global Environment Facility approved $6, 024,696 to enable Kazakhstan to achieve compliance with the Protocol,

Noting further that Kazakhstan has reported annual consumption for the controlled substances in Annex C, group I (hydrochlorofluorocarbons), for 2011 of 90.75 ODP-tonnes, which exceeds the party’s maximum allowable consumption of 9.9 ODP-tonnes for those controlled substances for that year, and was therefore in non‑compliance with the consumption control measures under the Protocol for hydrochlorofluorocarbons,

Noting that Kazakhstan has reported annual consumption for the controlled substance in Annex E (methyl bromide), for 2011 of 6.0 ODP-tonnes, which exceeds the party’s maximum allowable consumption of zero ODP-tonnes for that controlled substance for that year, and was therefore in non‑compliance with the consumption control measures under the Protocol for methyl bromide,

  1. To request Kazakhstan to submit to the Secretariat, as a matter of urgency and no later than 31 March 2014, for consideration by the Implementation Committee at its fifty-second meeting, an explanation for its excess consumption and details of the management systems in place that had failed to prevent that excess consumption, together with a plan of action with time‑specific benchmarks to ensure the party’s prompt return to compliance with its hydrochlorofluorocarbon and methyl bromide obligations under the Protocol;
  2. To monitor closely Kazakhstan’s progress with regard to 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 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;
  3. To caution Kazakhstan, in accordance with item B of the indicative list of measures, that, in the event that it fails to return to compliance in a timely manner, the Meeting of the Parties will consider measures consistent with item C of the indicative list of measures, which may include the possibility of actions available under Article 4, such as ensuring that the supply of hydrochlorofluorocarbons 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;