Non-compliance Procedure of Croatia under the Kyoto Protocol

The question of implementation arose in relation to Croatia’s assigned amount and its commitment period reserve, and whether a decision taken under the Convention allowed Croatia to issue more credits under the Kyoto Protocol. The expert review team considered the addition of 3.5Mt carbon dioxide equivalent by Croatia to its base year level as not in accordance with provisions relating to the calculation of the country’s assigned amount as per Article 3, paragraphs 7 and 8, of the Kyoto Protocol, and the modalities for the accounting of assigned amounts. Further, Croatia’s calculation of its commitment period reserve was also deemed to be non-compliant with the modalities for the accounting of assigned amounts. Croatia’s plan for reinstatement of compliance included the withdrawal of any disagreement with the expert review team on conclusions relating to the calculation of assigned amount and commitment period reserve, and a request to reinstate Croatia’s eligibility to participate in mechanisms under Articles 6, 12 and 17 of the Kyoto Protocol. The enforcement branch held that, although the plan did not meet all the requirements set out in the preliminary finding, it was expected to remedy the country’s non-compliance if implemented in accordance with the decision.