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Non-compliance Procedure of Ukraine under the Kyoto Protocol II

Filing Date: 2016
Reporter Info: CC-2016-1-6/Ukraine/EB
Status: Decided
Case Categories:
  • Suits against governments
    • GHG emissions reduction and trading
      • Kyoto Protocol
Jurisdictions:
  • United Nations Framework Convention on Climate Change
Principal Laws:
  • Kyoto Protocol Compliance Tribunals
    • Kyoto Protocol
  • UNFCCC
    • Kyoto Protocol
Summary:

The case arose with regard to Ukraine’s true-up period report after the first commitment period under the Protocol. The first question of implementation was triggered by the late submission of this report, and the inconsistencies between information in the report and the transaction log maintained by the secretariat. The second question was regarding Ukraine’s emission reduction targets. It was found that Ukraine did not retire sufficient units to cover its total greenhouse gas emissions as required under the Kyoto Protocol. Consequently, on 7 September 2016 the enforcement branch determined that Ukraine was not in formal compliance with Article 7 (paragraph 1 in conjunction with paragraph 4) of the Kyoto Protocol. Ukraine was required to submit a compliance implementation plan.

In December 2016, Ukraine submitted a plan to address the non-compliance. In March 2017 and July 2017, Ukraine submitted the progress reports. In July 2017, Ukraine also revised its true-up report for the first commitment period. Subsequently, on 6 September 2017 the enforcement branch considered the report submitted by Ukraine and concluded that there no longer continues to be a question of implementation.

At Issue: Ukraine’s failure to establish a true-up period report demonstrating compliance with the Kyoto Protocol
Case Documents:
Filing Date Type File Summary
04/19/2016 Not Available Download Report of the individual review of the report upon expiration of the additional period for the first commitment period of the Kyoto Protocol of Ukraine
09/07/2016 Not Available Download Final Decision of the Enforcement Branch of the Compliance Committee
12/06/2016 Not Available Download Compliance Implementation Plan
09/06/2017 Not Available Download Decision on resolution of the questions of implementation by the Enforcement Branch of the Compliance Committee

© 2021 · Sabin Center for Climate Change Law · U.S. Litigation Chart made in collaboration with Arnold & Porter Kaye Scholer LLP

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