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Non-compliance Procedure of Ukraine under the Kyoto Protocol

Filing Date: 2011
Reporter Info: CC-2011-2-9/Ukraine/EB
Status: Decided
Case Categories:
  • Suits against governments
    • GHG emissions reduction and trading
      • Kyoto Protocol
Jurisdictions:
  • United Nations
    • United Nations Framework Convention on Climate Change
Principal Laws:
  • Kyoto Protocol Compliance Tribunals
    • Kyoto Protocol
  • UNFCCC
    • Kyoto Protocol
Summary:

The question of implementation arose with respect to Ukraine’s 2010 annual inventory submission. Consequently, it was found that the Ukrainian national system did not operate fully in accordance with the general and specific functions as set out in the guidelines for national systems. In particular, the institutional, legal and procedural arrangements failed in estimating emissions and sinks covered by the Protocol, and for reporting and archiving this information in accordance with the methods described in the revised 1996 IPCC guidelines. Further, the national system was unable to ensure consistent land representation in accordance with the IPCC good practice guidance and unable to account for all carbon stock changes.

On 12 October 2011, the enforcement branch determined that Ukraine was not in compliance with the guidelines for national systems and consequently not eligible to participate in the transfer and sale of emission credits. In December 2011 and February 2012, Ukraine submitted its plan of implementation and updated reports respectively. On 9 March 2012, the branch decided that there no longer continued to be a question of implementation with respect to Ukraine's eligibility and reinstated Ukraine’s eligibility eligible to participate in the mechanisms under articles 6, 12 and 17 of the Protocol.

At Issue: Ukraine’s failure to establish an initial report demonstrating compliance of its national systems with the procedures under the Kyoto Protocol.
Case Documents:
Filing Date Type File Summary
06/11/2011 Not Available Download Report of the individual review of the annual submission of Ukraine submitted in 2010
10/12/2011 Not Available Download Final Decision of the Enforcement Branch of the Compliance Committee
12/08/2011 Not Available Download Compliance Implementation Plan
03/09/2012 Not Available Download Decision regarding reinstatement of eligibility

© 2023 · Sabin Center for Climate Change Law · U.S. Litigation Chart made in collaboration with Arnold & Porter Kaye Scholer LLP

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