On September 7, 2016, the consideration of the Ukrainian case ended with a declaration of non-compliance by Ukraine with its obligations under the Kyoto Protocol. This decision was taken by the Enforcement Branch of the Compliance Committee of the Kyoto Protocol at its latest meeting in Bonn.
The key concern relates to so called true-up report, which was to be submitted by all parties to confirm their compliance with Kyoto commitments and to be submitted by January 2, 2016. These reports were later subject to a centralized review in February 2016. Ukraine submitted its report even after the review, so Kyoto bodies cannot now verify to what extent Ukraine met its commitments under Kyoto Protocol, including consistency with international transactions log (ITL). Existing formal procedures do not allow Ukraine to demonstrate its compliance with the commitments for the first commitment period, despite the fact the report was submitted.
In addition, this September Ukraine faced a risk of losing eligibility for financial mechanisms due to the non-operation of the national registry and its disconnection from ITL for almost a year. The government successfully worked to avoid this: the Ministry of Environment was able to renew operation of the national registry and connect it to the international system (the registry needs to operate in 24/7 regime).
The experts believe that the key problem of Ukraine is lack of institutional capacity to comply with climate change commitments. The Ministry of Environment is working on an action plan, but the ultimate solution requires a special decision by the Conference of the Parties to the Protocol, which is scheduled to take place in November this year.