REPUBLIC OF ZAMBIA

REPORT

OF THE

COMMITTEE ON AGRICULTURE, LANDS AND NATURAL RESOURCES

ON THE PROPOSAL TO RATIFY THE KIGALI AMENDMENT TO THE

MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE
LAYER

FOR THE FIFTH SESSION OF THE TWELFTH NATIONAL ASSEMBLY

Published by the National Assembly of Zambia

 REPORT

OF THE

COMMITTEE ON AGRICULTURE, LANDS AND NATURAL RESOURCES

ON THE PROPOSAL TO RATIFY THE KIGALI AMENDMENT TO THE

MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE
LAYER

FOR THE FIFTH SESSION OF THE TWELFTH NATIONAL ASSEMBLY

 TABLE OF CONTENTS

ITEM PAGE NO

1.0 Membership of the Committee 1

2.0 Functions of the Committee 1
3.0 Meetings of the Committee 1
4.0 Procedure Adopted by the Committee 1
5.0 Background 1
6.0 Scope of the Amendment 2
7.0 Salient Provisions of the Amendment 2
8.0 Submissions from Stakeholders 3
8.1 Benefits of Ratifying the Amendment 5
8.2 Consequences of not Ratifying the Amendment 5
9.0 Committee’s Observations and Recommendations 6
10.0 Conclusion 7
Appendix I – List of National Assembly officials 9
Appendix II – List of Witnesses 10

i
REPORT OF THE COMMITTEE ON AGRICULTURE, LANDS AND NATURAL
RESOURCES ON THE PROPOSAL TO RATIFY THE KIGALI AMENDMENT TO
THE MONTREAL PROTOCOL ON SUBSTANCES THAT DEPLETE THE OZONE
LAYER FOR THE FIFTH SESSION OF THE TWELFTH NATIONAL ASSEMBLY

The Committee consisted of Mr M J B Ng’onga, MP (Chairperson); Mrs M C Mazoka, MP

(Vice Chairperson); Mr D Mung’andu, MP; Mr O S Mutaba, MP; Mr P C Mecha, MP; Mr M
Mawere, MP; Mr B Hamusonde, MP; Mr S K Michelo, MP; Dr M Imakando, MP; and Mr J
Chishala, MP.

The Honourable Mr Speaker

National Assembly
Parliament Buildings
LUSAKA

Sir,

The Committee has the honour to present its Report on the Proposal to Ratify the Kigali
Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer for the
Fifth Session of the Twelfth National Assembly.

2.0 Functions of the Committee

Pursuant to Article 63 the Constitution of Zambia as amended by Act No. 2 of 2016 and
section 5 of the Ratification of International Agreements Act, No. 34 of 2016, the National
Assembly is reposed with the power to oversee the performance of Executive functions by,
among other things, approving international agreements and treaties before they are acceded
to or ratified. The Committee was mandated to receive submissions and make
recommendations to the House on the proposal to ratify the Kigali Amendment to the
Montreal Protocol on Substances that Deplete the Ozone Layer.

3.0 Meetings of the Committee

The Committee held ten meetings to consider the Kigali Amendment to the Montreal
Protocol on Substances that Deplete the Ozone Layer.

4.0 Procedure adopted by the Committee

In order to acquaint itself with the provisions and ramifications of the Kigali Amendment to
the Montreal Protocol on Substances that Deplete the Ozone Layer, the Committee sought
both written and oral submissions from stakeholders. The stakeholders who appeared before
the Committee are listed at Appendix II.

5.0 Background

The Committee was informed that the Vienna Convention on the Protection of the Ozone
Layer of 1985 (“the Convention”) was a global treaty with the objective of protecting the
ozone layer. The Convention provided frameworks for international reductions in the
production of Chlorofluorocarbons (“CFCs”) due to their contribution to the depletion of the
ozone layer. This was to provide for the protection of human health and the environment

1
against adverse effects resulting or likely to result from human activities which modify or
were likely to modify the ozone layer.

In order to attend to the problem of substances that depleted the ozone layer, the Montreal
Protocol (“the Protocol”), was adopted in 1987. The Protocol was an Action Plan designed to
protect the Ozone Layer by phasing out the production and consumption of numerous
substances that deplete the ozone layer. Zambia acceded to the Convention and the Protocol
on 24th January, 1990.

The Protocol had over the years undergone amendments in order to ensure efficient
implementation of the Convention. The amendments were the London (1990), Copenhagen
(1992), Montreal (1997) and Beijing (1999) amendments. Zambia was a Party to all the
above amendments and the provisions had since been domesticated under the provisions of
the Environmental Management Act, No. 12 of 2011 and the Environmental Management
(Licensing) Regulations, Statutory Instrument No. 112 of 2013 (“the Regulations”). The
latest amendment was the Kigali Amendment (2016), which Zambia was yet to ratify.

6.0 Scope of the Amendment

The Committee was informed that the Kigali Amendment (2016) focused on the production
and consumption of Hydrofluorocarbons (“HFCs”) by adding HFCs to the list of substances
controlled under the Montreal Protocol. HFCs were non-ozone depleting chemicals that were
introduced in the 1990s as alternatives to Chlorofluorocarbons (CFCs) and
Hydrochlorofluorocarbons (“HCFCs”). The introduction of HCFCs had accelerated the phase
out of ozone depleting substances and had helped protect the ozone layer. However, HFCs
had high global warming potential and therefore, a high climate impact.

The Committee was informed that the Kigali Amendment aimed at protecting the climate by
phasing down HFCs which had a high global warming potential (GWP). HFCs were
commonly used as refrigerants. By phasing them down, the Kigali Amendment sought to
protect the global climatic systems for the benefit of human health and the environment. The
phase-down in the global production and consumption of HFCs could save as much as 0.5
degree Celsius of global warming by 2045 while continuing to protect the ozone layer.
Therefore, the implementation of the Kigali Amendment would make a major contribution
towards combating climate change. It would also assist Zambia meet its obligations under the
Paris Agreement with respect to Nationally Determined Contributions.

Zambia, as a Party to the Convention and the Protocol, was obliged under Article 2 of the
Convention, to adopt appropriate legislative or administrative measures to control, limit,
prevent or reduce human activities that modified or were likely to modify the ozone layer or
caused global warming. The ratification of the Kigali Amendment would help facilitate the
development of appropriate legislative and administrative measures in combating global
warming and, therefore, complying with the requirements of the Convention.

7.0 Salient Provisions of the Amendment

The Committee was informed that the Kigali Amendment was a binding international
agreement, or treaty, which was intended to create rights and obligations in international law.
The following were some of its salient features:

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Article 2

Article 2 of the Kigali Amendment provided that parties were required to place controls on
the production and consumption of the HFCs listed in Annex F by freezing
production/consumption with effect from 1st January, 2019 for developed countries and with
effect from 1st January, 2024 for developing countries.

Further, Article 2 (6) provided that parties must ensure that HFCs or emissions of HFCs were
destroyed using technology approved by the parties. This was not necessary for Zambia as
she did not produce HFCs.

Article 4

Article 4 of the Montreal Protocol restricted parties from trading in controlled substances
with states that were not party to the Protocol. Similarly, Article 4 of the Amendment
restricted trade in HFCs between parties and states that were not parties to the Kigali
Amendment. This ban would enter into force on 1st January, 2033, provided that at least 70
states ratified the amendment. This provided an incentive for states to ratify the Amendment
before the associated trade restrictions entered into force.

Further, Article 4 required parties to establish and implement licensing systems for the import
and export of HFCs by 1st January, 2019. Where a party decided that it was not in a position
to establish and implement such a system, it may delay taking these actions until 1st January,
2021.

Article 5

Under Article 5 of the Kigali Amendment, parties had the flexibility to delay their
compliance with their obligation to phase down HFCs. The amendment was designed to give
parties sufficient time and opportunities to phase down HFCs in a way that suited their needs
and interests, setting their own priorities for particular HFCs, sectors, technologies and
alternatives based on their specific needs and national circumstances. The Kigali Amendment
did not require countries to phase-down HFCs completely immediately; it recognised that in
some circumstances the use of HFCs would be permitted.

Article 7

Article 7 required that each party to the Amendment should provide statistical data on its
annual emissions of controlled substances.

Article 10

Article 10 of the Montreal Protocol established a financial mechanism to provide financial

and technical support, including the transfer of technologies, to support parties’ compliance
with the Protocol.

8.0 Submissions from Stakeholders

All the stakeholders who appeared before the Committee recommended that the National
Assembly should approve the proposal to ratify the Kigali Amendment to the Montreal
Protocol on Substances that Deplete the Ozone Layer. Stakeholders submitted that as a
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member of the UNFCCC and an active actor in the formulation of the Amendment, it was
imperative that Zambia ratifies it.

The Committee was informed that the Kigali Amendment had now been ratified by 112 of
the 198 UN member states, which was well over the trigger number of Parties for it to be in
force. Africa accounted for 31 of the 112 states that had ratified the amendment this far.
Under the Montreal Protocol, Zambia was listed under Article 5 Parties and in sub-group I of
the two subgroups. The phase down schedule of HFCs for sub-group I countries was
provided for in the Kigali Amendment compliance timelines as summarised below.

i. Freeze HFCs consumption/production at 2024 level

ii. Step 1, achieve 10% reduction in consumption/production of 2024 level by 2029
iii. Step 2, achieve 30% reduction in consumption/production of 2024 level by 2035
iv. Step 3, achieve 50% reduction in consumption/production of 2024 level by 2040;
v. Step 4, achieve 80% reduction in consumption/production of 2024 level by 2045.

The Committee further learnt that the HFCs trade ban with non-parties to the Kigali
Amendment was set to come into force in 2033.

The Committee was further informed that there were some costs of becoming a party to the
Kigali Amendment. These administrative costs would include those outlined hereunder.

i. The cost of adapting existing laws or introducing new ones to achieve the HFC phase-
down.
ii. The cost of extending the Ozone Depleting Substances import and export licensing
system to cover HFCs.
iii. The cost of putting in place, where appropriate, any practical arrangements that may
be required for customs officers to assume extra responsibilities concerning HFCs.
iv. The cost of surveying existing HFC consumption and production.
v. The cost of developing the resources for reporting under the Amendment.
vi. The cost of developing a strategy for HFC phase-down, including monitoring and
enforcement.

The Committee was informed that as Zambia updated its future Nationally Determined
Contributions, the inclusion of sources that produced HFCs would enhance the mitigation
potential of the country and, therefore, contribute to the global goal of reducing greenhouse
gas emissions.

The Committee was further informed that businesses and entrepreneurs would be able to tap
into new, eco-friendly and energy efficient industries and create sustainable, impactful and
socially responsible jobs. The Committee was informed that ratifying the Kigali Amendment
would also open doors to new funding opportunities such as the Kigali Cooling Efficiency
Programme (K-CEP), in addition to the existing Global Environment Facility (GEF), the
Green Climate Fund (GCF), European Commission funding programmes and regional banks.
With possible new funding avenues, Zambia had a unique opportunity to directly switch to
solutions that did not harm the environment, and to help move towards a sustainable
economic transition and positive societal change.

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8.1 Benefits of Ratifying the Amendment

The Committee was informed that the benefits of ratifying the Amendment included the ones
outlined below.

i. Ratifying the Amendment would contribute to Zambia attaining its Nationally

Determined Contributions in strengthening global response to the threat of climate change
under the Paris Agreement. This was so because the HFCs that were being phased down
under the Kigali Amendment contributed to global warming. The amendment would,
therefore, abate the effects of climate change, thereby contributing to the enhancement of
human health, social and environmental welfare.

ii. It would facilitate the establishment of a legal framework to regulate HFCs that were
currently on the Zambian market. The existing legal framework in Zambia provided for
the regulations of Ozone Depleting Substances only. However, with the presence of HFCs
on the Zambia market, the need to develop the requisite legislative framework had now
become imperative.

iii. The ratification of the Amendment would promote the use of alternative and efficient
climate friendly technologies. Alternative gases available for use such as hydrocarbons
and natural gases were energy efficient compared to the HFCs being phased down.
Therefore, the phase down of HFCs would promote the use of more climate friendly
energy sources and thereby resonated with the principles under article 255 of the
Constitution which promoted the saving of energy and the sustainable use of renewable
energy sources.

iv. Ratifying the Amendment would give Zambia access to financial and technical support.
The Montreal Protocol established a financial mechanism to provide financial and
technical cooperation, including the transfer of technologies, to support developing
countries like Zambia in complying with the Protocol. By ratifying the Kigali
Amendment, Zambia would have access to the financial and technical support available
under the Multilateral Fund of the Montreal Protocol to implement activities aimed at
phasing down the use of HFCs, including the disposal of obsolete equipment.

v. Ratification would also assist in the creation of local business opportunities. The Kigali
Amendment would create a business opportunity in the new technologies for technicians
and suppliers of the alternatives to HFCs.

vi. Skills and Technology Transfer - ratification of the Kigali Amendment would provide
capacity building which would include skills and technology transfer, technology
development and application necessary in facilitating transition from current to the new
technologies both for the public and private sector.

8.2 Consequences of not Ratifying the Amendment

The Committee was informed that by not ratifying the Kigali Amendment, the following
consequences would accrue to Zambia:

i. Under the Montreal Protocol, parties had agreed to restrict trading of controlled
substances between party and non-party states. Zambia was not a manufacturer of
refrigerants and cooling equipment but depended on importation of the same from
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 countries which had ratified the Kigali Amendment. In this regard, if Zambia did not
ratify the Kigali Amendment, she would not be able to trade with party states who
were producers of the refrigerants and cooling technologies.
ii. A Kigali Amendment non-party may operate with technologies that were becoming
obsolete, failing to update its processes and facilities and so operating at an economic
disadvantage. Zambia was likely to become a dumping ground for obsolete equipment
containing HFCs in the absence of a legislative framework at domestic level.
Consequently, Zambia would incur huge costs in disposing of the existing cooling
equipment that would become obsolete after all member states had complied with the
provisions of the Kigali Amendment.
iii. Zambia’s exporting sectors such as agriculture and horticulture mostly relied on
controlled substances which would not be accepted at international level if the country
did not ratify the Kigali Amendment and continued to use HFCs. This would mean
that the country would lose out on revenue from the collapse of the said exports. Due
to restrictive markets, non-party states would operate with technologies that would be
obsolete and failure to upgrade their processes and facilities may lead to economic
disadvantage. Sectors such as health and food processing which depended on
refrigerant based equipment would also be negatively affected.
iv. Non-ratification of the Kigali Amendment would render Zambia ineligible to receive
financial and technical support under the Kigali Amendment. The financial and
technical support was necessary for Zambia to undertake the activities to phase down
the use of HFCs.
v. Zambia would lose out on the capacity development programmes that were provided
for under the Kigali Amendment. Capacity building was aimed at transfer and
application of technology among technicians and increase knowledge for
environmental inspectors, customs and judicial officers in the management of
refrigerants and enforcement of environmental laws.

9.0 Committee’s Observations and Recommendations

The Committee observes that climate change is one of the biggest environmental challenges
that the current generation is facing. It affects all sectors of life and concerted action is
required to address the challenges that the country and the world is facing as a result of the
effects of climate change. By signing the Montreal Protocol on the Substances that Deplete
the Ozone Layer, Zambia showed commitment and resolve to take action in order to
safeguard the planet.

The Committee notes that the fact that the average global temperature is on the rise and
greenhouse gas emissions have not yet peaked, underlines the urgency of ratifying the
Amendment and implementing its provisions. Ratifying the Kigali Amendment will enhance
Zambia’s role in shaping the world’s response to the adverse effects of climate change.
Ratifying the Amendment will also provide an opportunity for the country to access finances
from the global community.

The Committee further notes that Zambia, as a party to the Vienna Convention and the
Montreal Protocol, is obliged under Article 2 of the Convention, to adopt appropriate
legislative or administrative measures to control, limit, prevent or reduce human activities
that modify or are likely to modify the ozone layer or cause global warming. The Committee,
therefore, wishes to point out that the ratification of the Kigali Amendment will help facilitate
the development of appropriate legislative and administrative measures in combating global
warming and therefore, complying with the requirements of the Vienna Convention.
6
The Committee, therefore, recommends that the House do approve the proposal to ratify the
Kigali Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer.

The Committee makes further recommendations as outlined below.

i. The Government should ensure that, as a matter of urgency, necessary steps are taken
to ratify and thereafter, domesticate the Kigali Amendment.
ii. There should be widespread sensitisation on the Amendment and what its benefits to
the country are.
iii. The Government should engage with UNIDO so as to access assistance in phasing out
and destruction of refrigerants which are currently in use but have been identified for
phasing out under the Kigali Amendment.
iv. The Government should set up a team of refrigeration experts and other stakeholders to
come up with a road map of actions to facilitate achievement of the Kigali Amendment
provisions.

10.0 Conclusion

The Montreal Protocol seeks to restore the ozone layer by phasing out Ozone Depleting
Substances and in the process mitigating the effects of climate change. Under the Kigali
Amendment, parties will phase down production and consumption of HFCs, creating the
potential to avoid up to 0.5°C of warming by the end of the century. Through the Kigali
Amendment, the Montreal Protocol takes responsibility for HFCs and plays a leading role in
working towards an environmentally sustainable world. Therefore, the ratification of the
Kigali amendment is encouraged as it is consistent with Zambia’s obligation to ensure that
the environmental standards enforced are of benefit to citizens in line with Article 257 of the
Constitution of Zambia.

Furthermore, ratification will demonstrate Zambia’s commitment to protecting the

environment and will enhance her international reputation. Non-ratification of the Kigali
Amendment is undesirable as Zambia will be viewed as a country that is not committed to
promoting and protecting environmental safety by phasing out ozone depleting substances as
provided under the Montreal Protocol that she has ratified.
By ratifying the Kigali Amendment, Zambia will join the international community in
protecting the citizens’ health and the environment at large. Therefore, it is recommended
that National Assembly supports the ratification of the Kigali Amendment to the Montreal
Protocol on substances that deplete the ozone layer.

The Committee wishes to express its gratitude to all stakeholders who appeared before it and
tendered both oral and written submissions; and to thank you, Mr Speaker, for affording it an
opportunity to scrutinise the proposal to ratify the Kigali Amendment to the Montreal
Protocol. The Committee also appreciates the services rendered by the Office of the Clerk of
the National Assembly.

We have the Honour to be, Sir, the Committee on Agriculture, Lands and Natural Resources
mandated to consider the proposal to ratify the Kigali Amendment to the Montreal Protocol
on Substances that Deplete the Ozone Layer for the Fifth Session of the Twelfth National
Assembly.

Mr M J B Ng’onga, MP
(Chairperson)
7
Mrs M C Mazoka, MP
(Vice Chairperson)

Mr D Mung’andu, MP
(Member)

Mr O S Mutaba, MP
(Member)

Mr P C Mecha, MP
(Member)

Dr M Imakando, MP
(Member)

Mr M Mawere, MP
(Member)

Mr B Hamusonde, MP
(Member)

Mr J Chishala, MP
(Member)

Mr S K Michelo, MP
(Member)

January 2021
LUSAKA

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APPENDIX I - List of National Assembly Officers

Ms C Musonda, Principal Clerk of Committees

Mr H Mulenga, Deputy Principal Clerk of Committees (SC)
Mrs C K Mumba, Senior Committee Clerk (SC)
Mrs M K Siwo, Committee Clerk
Ms I Mwiya, Typist
Mr M Chikome, Committee Assistant
Mr D Lupiya, Committee Assistant
Mr M Kantumoya, Parliamentary Messenger

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APPENDIX II - List of Witnesses

MINISTRY OF WATER DEVELOPMENT, SANITATION AND ENVIRONMENTAL

PROTECTION
Mr M Sakala, Permanent Secretary
Mr G F Gondwe, Director – Department of Environment and Natural Resources
Mr T Musonda, Director – Planning

MINISTRY OF JUSTICE
Mr A Nkunika, Permanent Secretary
Mr C Mulenga, Assistant Director – International Laws and Agreements
Ms H Musonda, Counsel

ZAMBIA ENVIRONMENT MANAGEMENT AGENCY (ZEMA)

Mr J Msimuko, Director General
Ms K Banda, Director Legal Services
Mr M Banda, National Coordinator - Ozone Project
Mr M Kumwenda, Principal Legal Officer
Mr B Simfukwe, Assistant Officer – Ozone Project

MOPANI COPPER MINES

Eng C Makina, Engineering Superintendent Instrumentation
Eng M P Bwalya, Engineering Superintendent Instrumentation

ZAMBIA INSTITUTE OF ENVIRONMENTAL MANAGEMENT

Mr M Katati, Chief Executive Officer
Mr M Sishekanu, Legal Researcher
Ms I Tembo, Projects Manager

DANIA REFRIGERATION AND AIR-CONDITIONING LIMITED

Mr J Kaluba, Director

REFRIGERATION AND AIR-CONDITIONING ASSOCIATION OF ZAMBIA

Mr S Ngoma, President
Mr K P Kwila, Vice President

ZAMBIA ASSOCIATION OF MANUFACTURERS

Ms F Muleya, Chief Executive Officer
Ms K Chituta, Policy Analyst – Data and Evidence

ZAMBIA CLIMATE CHANGE NETWORK

Ms M Chundama, Chairperson
Mr S B Nyirenda, National Coordinator
Mr M Wamunyima, PELUM Coordinator
Ms M Mubanga, Caritas Zambia
Mr C Mpandamabula, Climate Change Officer – Actionaid Zambia
Ms M M Mwape, Director – Centre for Environment Justice
Ms L Chibambo, Energy and Gender Officer
Mr P Kabanda, Programmes Officer
Mr S Mwamba, Partnerships and Advocacy Officer

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ZAMBIA CHAMBER OF COMMERCE AND INDUSTRIES
Mr P Daka, Chief Executive Officer
Ms S B Mwansa, Vice President
Mr A Oza, Board Member
Mr K Shula, Business Development Officer
Mr B M Mumba, Research Officer

MINISTRY OF HIGHER EDUCATION

Ms K Siame, Permanent Secretary
Mr S Mubanga, Director – Planning and Information
Mr C Mulenga, Director – University Education
Ms J Chinkusu, Director – Science and Technology
Mr N Peleti, Assistant Director – Human Resource and Administration
Mr B Mutale, Parliamentary Liaison Officer

NATIONAL INSTITUTE FOR SCIENTIFIC AND INDUSTRIAL RESEARCH

Dr H Njapau, Acting Director
Dr A Muvundika, Acting Deputy Director – Environment and Climate Change

MINISTRY OF HEALTH
Dr K Malama, Permanent Secretary – Technical Services
Dr A Kabulo, Director – Health Promotion and Environment
Dr A Silumesi, Director – Public Health and Research
Dr C Sichone, Director – Health Policy
Ms N Kwendeni, Principal State Advocate
Mr E Malikana, Assistant Director – Health Policy

UNIVERSITY OF ZAMBIA SCHOOL OF NATURAL RESOURCES

Dr O Munyati, Dean – Department of Chemistry
Dr J Nyirenda, Senior Lecturer – Department of Chemistry
Mr K Kaunda, Lecturer – Department of Chemistry

MINISTRY OF NATIONAL DEVELOPMENT PLANNING

Mr D Chisenda, Permanent Secretary – Development Cooperation, Monitoring & Evaluation
Ms M Mukubesa, Director – Development Planning
Mr H Tembo, Assistant Director – Climate Change Coordination
Mr A M Mushe, Senior Planner

MINISTRY OF ENERGY
Mr A Simwaba, Acting Permanent Secretary
Mr M Chipala, Acting Director- Planning
Mr V Chingangu, Executive Assistant to the Permanent Secretary

MINISTRY OF LANDS AND NATURAL RESOURCES

Mr N Yumba, Permanent Secretary
Mr E M Shitima, Director – Climate Change
Ms N P Chellah, Senior Planner – Parliamentary Liaison Officer
Mr G C Chipalo, Director - Human Resource and Administration
Mr I Simasiku Acting Director - Forestry
Mr G Mwanza, Chief Planner

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