Frequently asked questions relating to the Kigali Amendment to the Montreal Protocol*

1. What is the Kigali Amendment?

The Kigali Amendment is an amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer. It was adopted by the 28th Meeting of Parties to the Montreal Protocol on 15 October 2016 in Kigali, Rwanda. The Amendment adds powerful greenhouse gases hydrofluorocarbons (HFCs) to the list of substances controlled under the Protocol to be phased down. The Amendment will enter into force when the conditions indicated under question 6 below are met.

The decision adopting the Amendment (to which the text of the Amendment is annexed) and the decision related to the amendment phasing down hydrofluorocarbons are posted on the Ozone Secretariat website at the following links:

2. What is the expected impact of the Kigali Amendment?

The Amendment will phase-down HFCs under the Montreal Protocol. Use of HFCs is increasing rapidly as substitutes for ozone-depleting substances. HFC phase down is expected to prevent the emission of up to 105 million tones of carbon dioxide equivalent of greenhouse gases, helping to avoid up to 0.5 degree Celsius of global temperature rise by 2100, while continuing to protect the ozone layer.

3. How will the Kigali Amendment work?

Under the Amendment, Montreal Protocol parties are required to gradually reduce HFC use by 80-85 per cent by the late 2040s. First reductions by most developed countries are expected in 2019. Most developing countries will follow with a freeze of HFCs consumption levels in 2024, and in 2028 for some developing countries. Details of the elements of the agreed HFC phase-down schedule are provided in table 1 below:

Table 1: Phase-down schedule for HFCs in Article 5 and non-Article 5 parties

  A5 parties (developing countries) — Group 1 A5 parties (developing countries) — Group 2 Non-A5 parties (developed countries)
Baseline formula Average HFC consumption levels for 2020-2022 + 65% of hydrochlorofluorocarbon (HCFC) baseline Average HFC consumption levels for 2024-2026 + 65% of HCFC baseline Average HFC consumption levels for 2011-2013 + 15% of HCFC baseline*
Freeze 2024 2028
1st step 2029 – 10% 2032 – 10% 2019 – 10%
2nd step 2035 – 30% 2037 – 20% 2024 – 40%
3rd step 2040 – 50% 2042 – 30% 2029 – 70%
4th step     2034 – 80%
Plateau 2045 – 80% 2047 – 85% 2036 – 85%

 * For Belarus, Russian Federation, Kazakhstan, Tajikistan, Uzbekistan, 25% HCFC component of baseline and different initial two steps (1) 5% reduction in 2020 and (2) 35% reduction in 2025

Notes:

  1. Group 1: Article 5 parties not part of Group 2
  2. Group 2: Bahrain, India, the Islamic Republic of Iran, Iraq, Kuwait, Oman, Pakistan, Qatar, Saudi Arabia and the United Arab Emirates
  3. Technology review in 2022 and every five years
  4. Technology review four to five years before 2028 to consider the compliance deferral of two years from the freeze of 2028 of Article 5 Group 2 to address growth in relevant sectors above certain threshold.

4. What are the next steps after adoption of the Kigali Amendment?

The Ozone Secretariat will forward the text of the Kigali Amendment, in all six authentic languages of the Montreal Protocol, to the Depositary, which is the Secretary-General of the United Nations. An advance copy of the text in all authentic languages will be made available on the Ozone Secretariat website by mid-November.

Upon receipt of the text of the Amendment, the Depositary will produce certified copies of the text, which will be communicated to the Parties.

5. What is ratification?

“Ratification” (or acceptance or approval) is the action taken by a party to an international treaty to confirm that it consents to be bound by the treaty. Ratification of the Kigali Amendment to the Montreal Protocol by at least 20 parties is required before the Amendment can enter into force.

The process by which parties ratify the amendment involves the following steps:

  1. First, a party will take the necessary steps at the national level, as specified in their constitutional arrangements, to allow it to move ahead with ratification of the amendment at the international level.
  2. The party will then execute an instrument of ratification (or acceptance or approval). The instrument includes a statement to the effect that the Government concerned ratifies the Amendment and undertakes to comply with its provisions. A model form for this instrument, based on the format provided by the United Nations Office of Legal Affairs, can be found here.
  3. The party will then deposit its duly executed instrument of ratification (or acceptance or approval) with the Depositary. This is done by delivering the original instrument, by hand or by mail, through its Permanent Mission to the United Nations, to: Treaty Section Office of Legal Affairs United Nations New York, NY 10017 USA.

PLEASE NOTE: Instruments of ratification, acceptance or approval are not deposited with the Ozone Secretariat.

6. What is required for the Kigali Amendment to enter into force?

The Kigali Amendment will enter into force on 1 January 2019, provided that it is ratified by at least 20 parties to the Montreal Protocol. If that condition is not met by that date, the Amendment will become effective on the 90th day following the date of ratification by the 20th party.

7. How can I find out if my country has deposited an instrument of ratification, acceptance or approval of the Kigali Amendment?

The United Nations Treaty Collection website maintains all information on the status of ratification of international treaties, including the Kigali Amendment. The Ozone Secretariat also publishes the status of ratification on its website.

8. Until when does my country have to complete this procedure?

Ratification of the Kigali Amendment by parties to the Montreal Protocol should take place as soon as possible to enable full implementation of the amendment by 2019.

For further information, please contact the secretariat at: ozoneinfo@unep.org

 * This “Frequently Asked Questions” document was prepared by the Ozone Secretariat for public information purposes. It is issued on 3 November 2016 as first version and it will be updated as necessary. The information contained in this document does not replace official documents and decisions relating to the Kigali Amendment.

Ozone Secretariat,
3 November 2016