Skip to main content

Decision XXIV/18: Non-compliance with the Montreal Protocol by Ukraine

Noting that Ukraine ratified the Montreal Protocol on 20 September 1988, the London Amendment on 6 February 1997, the Copenhagen Amendment on 4 April 2002 and the Montreal and Beijing amendments on 4 May 2007 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 funding in the amount of $26,777,501 to facilitate Ukraine’s compliance with its Montreal Protocol obligations,

Noting further the consultations between the Implementation Committee and representatives of Ukraine regarding that party’s non-compliance with its Protocol obligations,

Acknowledging with appreciation Ukraine’s significant efforts to return to compliance with the Montreal Protocol,

  1. That Ukraine's reported annual consumption for the controlled substances in Annex C, group I (hydrochlorofluorocarbons, or HCFCs) of 86.9 ODP-tonnes for 2010 and 93.3 for 2011 exceeds the party’s maximum allowable consumption of 41.1 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 Montreal Protocol for HCFCs in 2010 and 2011;
  2. To record with appreciation the submission by Ukraine of a plan of action to ensure its prompt return to compliance with the Protocol’s HCFC control measures, under which, without prejudice to the operation of the Global Environment Facility, Ukraine specifically commits itself:
    1. To reducing its HCFC consumption to no greater than:
      1. 86.90 ODP-tonnes in 2013;
      2. 51.30 ODP-tonnes in 2014;
      3. 16.42 ODP-tonnes in 2015, 2016, 2017, 2018 and 2019;
      4. Zero 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 implementing its system for licensing imports and exports of ozone-depleting substances and a quota system for such imports and exports, and to making it operational;
    3. To introducing as soon as possible a gradual ban on imports of equipment containing or relying on ozone-depleting substances and to monitoring its operation once introduced;
    4. To pursuing the passage of new legislation to more closely control ozone-depleting substances;
  3. To note that the measures listed in paragraph 2 above should enable Ukraine to return to compliance with the Protocol’s HCFC control measures in 2015, and to urge the party to work with the relevant implementing agencies to implement its plan of action to phase out its consumption of HCFCs;
  4. To monitor closely the progress of Ukraine with regard to the implementation of each of the parts of its plan of action to phase out HCFCs, as outlined in paragraph 2 above. To the degree that the party is working toward 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, Ukraine 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;
  5. To caution Ukraine in accordance with item B of the indicative list of measures that may be taken by a Meeting of the Parties in respect of non-compliance that, in the event that it 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 the HCFCs that are the subject of non-compliance is ceased so that exporting parties are not contributing to a continuing situation of non-compliance;