CRTC for Legal, Regulatory, and Economic Instruments: Legal, Regulatory and Institutional Measures... Conclusions and recommendations



russian version
5. Conclusions and recommendations 5.1. Assessment of the legal and institutional measures of environmental protection and sustainable use of natural resources of the Caspian Sea In general, the environmental legislation of the Riparian States that ensures legal protection of the Caspian Sea may be characterized as well developed. Practically all the environmental problems, including those relating to the Caspian Sea are regulated on the highest legislative level – by laws. Most of the laws are very recent, especially in the CIS Riparian States, though, Iran regularly introduces amendments that respond to emerging issues. The political, legal and economic regime of the Caspian Sea has radically changed for the recent decade. The economic pressure on the natural resources grew, the new economic interests emerged, and now five Riparian States share it. The national legislation of the Riparian States that now plays the principle role in regulating natural resources use and environmental protection in the Caspian Sea region by responding to the new challenges – in some instances successfully, in others – with certain difficulties. The difficulties are caused, sometimes, by deficiencies of the laws and governmental regulations, gaps and inconsistencies, but also often by economic constraints. Especially in the CIS Riparian States, poor implementation of laws is to a much extent conditioned by lack of financial resources. Insufficient funding of the environmental protection ministries and departments sometime practically paralyzes their work. On the basis of the analysis of the present Report, the gaps and inconsistencies in the national legislation and institutional measures of each Riparian States aimed at protection and sustainable use of the Caspian Sea region may be summarized as follows. Azerbaidjan The national legislation that relates to the protection and use of natural resources of the Caspian Sea within the conventional sector of Azerbaidjan is represented by several laws and regulations. The fundamental rules and principles are stated in the comprehensive law “On Environmental Protection”. Specific issues referring to the use of selected natural objects are covered by sectorial laws, like the laws “On Subsoil”, “On Wildlife” and others. The legislation has a framework character and needs to be further developed in an indefinite number of governmental and ministerial rules and regulations. Without them, many clauses of laws cannot be implemented. The laws do not provide for the deadlines, conditions or other requirements of adoption of necessary regulations that leave a wide discretion to executive bodies. The legislation provides for measures aimed to prevent the negative impact of economic activities on the environment of the Caspian Sea ecosystem. State permits (licenses) are required for fishing, discharge of effluents into waterbodies, construction and operation of facilities. Subsoil of the seabed of the Caspian Sea is granted for use on the basis of agreements signed by the state with the international companies. Such agreements have rather a civil, than a state character, but are recognized as having the supremacy over national laws. At the moment, such a procedure does not have negative consequences for the environment, as the foreign companies use innovative environmental friendly technologies and rules, however, in pure legal terms the nature of the international agreements on oil deposits development needs to be studied. The procedures of ecological expertise and EIA seem to duplicate each other as to the substance of works. There is a system of environmental standards and limitations, most of which were adopted in 60-70s. These standards fail to respond to the changed conditions of nature use and new knowledge about natural processes and impacts. Some standards, now widely used in advanced international practices, like technical standards or standards for industries or basins are lacking. The new impacts of the ecosystem of the Caspian Sea is also not taken into consideration. The problem of pollution of the Caspian Sea and the coastal zone by the existing enterprises is not regulated. The ecological expertise requirement may not applied to them, they do not need certain permits or licenses, and at the same time remains a dangerous source of pollution. The legislation relating to the coastal zone, especially the provisions concerning the water protective zones is not efficient. Provisions that would regulate economic activities land use and use of other natural resources in the coastal cities are lacking. Pollution of the sea from non-point sources, such as agricultural lands is not regulated. Besides, protected areas may be established both on the surface areas and on aquatic areas, but the legal regime for aquatic areas is not regulated. Also lacking are legal mechanisms that would respond to the problem of sea pollution caused by oil filtration from conserved oil wells. The legislative requirements concerning monitoring of such wells, their technical maintenance are not fulfilled, as do not correspond to the changed conditions. First, in most cases, it is impossible to find persons responsible for such wells. Second, even if in some instances, they do exist, their obligation to remove the pollution caused by past activities may be doubted. Third, in any case, neither the state, nor enterprises have financial means for dealing with the problem. Environmental valuable natural ecosystems are protected within special block of legal acts on specially protected areas. Its state may be assessed as satisfactory, though, certain discrepancies are available in the law “On Specially Protected Areas”. Biodiversity protection is ensured within the laws on wildlife protection, on fisheries, on specially protected areas and others. There are no specific biodiversity legal acts. Plantlife protection is not regulated. The liabilities for environmental wrongs are established, but their adequacy may be claimed. In particular, the administrative fines that is a dominating sanction for environmental violations, are sometimes low. In cases of pollution, criminal punishments are not applied, due to the lack of methodic for determining the guilt. Compensation of damage is legally complicated, as also methodic for calculation of damage is not efficient enough. Response actions in emergencies relating to oil spills are not regulated sufficiently. There are no clear legal requirements or procedures for notification of population or other interested persons and no clear distribution of obligations for rescue and other response actions. The Charter of the Caspian Basin Rescue Service seems to be outdated. There are no specific legislative acts concerning the environmental consequences of sea level fluctuation, although the problem itself is not that serious in the country. Implementation of environmental legislation is vested with several executive bodies. Under-funding seriously undermines their activities. Some functions are duplicated, like monitoring. In certain instances, the regulatory and controlling functions are vested with one agency (Azerbalyk). There are no coordinating bodies. The legislation relating to participation of the public and representative of industries in the decision-making is developed insufficiently. Though the fundemental rights of individuals are proclaimed, their implementation is complicated due to lack of necessary criteria and legislative provisions (access to environmental information), procedures (participation in EIA and in law-making) or is connected with high expenses. Iran The Environmental Protection and Enhancement Act, Game and Fish Act, Law on Mines, Laws on the Second and the Third Economic, Social and Cultural Development Plans, Coastal Zone Properties Act, the Fair Water Distribution Act, Executive by-law on the Prevention of Water Pollution and others regulate nature use and environmental protection in the conventional sector of Iran. There is no law on the Caspian Sea. The laws contain quite detailed clauses that seem not to require further development in governmental regulations. For instance, the Environmental Protection and Enhancement Act establishes in detail the competencies of respective state bodies and liabilities. However, questions of environmental limitations and standards, permits for pollution are not developed. There is a general requirement for acquiring permits for the use of subsoil, fishing, emissions and discharges of pollutants. Procedures are not regulated in laws. The laws stipulate standard setting in a most general manner. There are no indication on what types of standards and limitations are available, no time requirements for their adoption, no criteria for establishing the limits of impacts. It is also not clear, whether the quality standards are set with due consideration of the natural characteristics or designation of waterbodies. There is no EIA procedures, although the Third Plan for Economic, Social and Cultural Development (2000) requires an assessment of all large-scale production projects. Provisions concerning the legal regime of lands adjacent to the Caspian Sea are missing in the environmental legislation. There is a general statement concerning property rights on lands created by lowering of water, and a provision about the need to use lands in accordance with the plans approved by the Ministry of Agriculture. However, no requirements to the contents of such plans and no procedures for their development and approval are established in the laws. The law does not have specific restrictions to construction and operation of environmentally dangerous facilities. There are no special laws on biodiversity protection, although there are provisions in several laws concerning regulation of hunting, fishing and specially protected areas. The requirements concerning rare species, except for regulation of export and import of those covered by CITES, are unavailable. Much attention is attached to specially protected areas. Laws concentrate on certain issues, including procedure of their establishment, liabilities and does not establish the legal regime of various specially protected areas. For instance, the Game and Fish Act regulates in detail liabilities for violation, but does not mention whether there are restrictions for the use of natural resources or economic activities. The institute of administrative and criminal liability is developed in detail. The sanctions are strict taking into consideration the social danger of environmental violations. The environmental legislation, nonetheless, does not indicate whether and which punishments are applied for such violations as exceeding of pollution limitations. There is a general rule on compensation of damage. Actions in emergencies, including oil spills, are not regulated in the environmental legislation. Implementation of environmental laws is vested with the several special environmental protection bodies that combine regulatory and controlling competencies. There are overlaps in monitoring of the quality of the environmental, inspection functions, and administering of protected areas. Though the Environmental High Council effects their inter-action and coordination of activities, there is insufficient cooperation among the ministries and agencies in the field of environmental protection. There is also lack of awareness of environmental concerns among governmental bodies that deals with regulation of social and economic activities. The environmental legislation does not regulate participation of the public and representatives of industries in governmental decision-making. The Constitution or environmental acts do not proclaim public environmental rights either. Kazakhstan Environmental protection and nature use in the Caspian Sea region is regulated by general environment protection laws, including the law “On Environmental Protection” that takes the central place. It is a framework law and does not have clear instructions on how to develop it further in governmental regulations. Therefore, a lot of administrative discretion is granted to ministries and agencies. Practically all environmental problems are dealt with at the level of the law. There are many governmental regulations already adopted in furtherance of the laws, however, because of the framework character of the laws, the process of rule making on the ministerial level is hardly controlled. Natural objects are granted for use upon state permits. Permits are required for commercial and sports fishing, economic activities on the seashore, disposal of solid wastes and discharges of effluents. The mineral deposits on the seabed of the Caspian Sea are to be extracted after a respective agreement is signed with the Ministry of Geology and Mineral Resources. It is explicitly stated that the agreements have to conform to the national legislation. One may discharge effluents, or impact the environment otherwise, in accordance with the individual limitations. The individual limitations may be established so that the discharges do not exceed the quality standards established for waterbodies. The old quality standards are still applicable, though, it is recognized that there is a need to replace them by new ones that would correspond to new conditions. Development of water quality standards that would take into consideration the individual features of waterbodies, including the Caspian Sea, is not provided for. Clear methodic or criteria for establishing the quality standards are missing. Economic and other projects that may impact the environment may be fulfilled only after an EIA and after having a positive assessment of the state ecological expertise. In substance, these two procedures duplicate each other. EIA procedure is regulated by ministerial regulations that are now outdated and does not conform to the later adopted laws. The law “On Ecological expertise” stipulates also that the existing activities are subject to environmental auditing. The mechanism itself, although useful, is not developed in a sufficient manner. It is not stipulated who and when has to do such auditing, which decisions may betaken and which actions are required or needed to be done as a result of an environmental auditing. The environmental legislation regulates generally issues of the legal regime of lands adjacent to the Caspian Sea. Provision is made for the procedure of establishing of several types of zones, including coastal and protective zone, however, their legal regime is not determined. There is also regulations concerning establishing of water protective zones – another types of protected shore areas. In conformity with the regulations nature use is restricted in the interests of protecting waterbodies. The practical implementation of such regulations is complicated, as no criteria are established for determining the sizes of such zones under conditions of water level fluctuations. Pollution of the sea from conserved oil wells, including issues of compensation of expenses, is not addressed in the environmental legislation. Environmental legislation on specially protected areas is quite well developed. However, the change of the legal regime of the Northern part of the Caspian Sea, that according to the statements of scientists would endanger the sturgeon, may need a further insight. Biodiversity protection is not regulated individually. The legislation on wildlife, plantlife, rare and endangered species addresses most of the issues connected with biodiversity protection. However, genetic resources protection, for instance relating to sturgeon, are missing anyway. Generally, the issues of environmental protection, including those related to the Caspian Sea, in cases of emergencies are regulated by the laws “On Environmental protection” and “On natural and technogenec emergencies”. They provide for planning of response actions by the governments and industries, require to notify the population and respective state bodies. It is not clear how to deal with the situation, when the damage is significant, and the enterprise involved is financially incapable to cover all the expense. Provision is made for setting up of a state owned rescue enterprise “Ak-Beren” that is responsible for rescue measures in cases of emergencies, but there are no clear indications on how the obligations and competencies in such cases are distributed between this enterprise and a sources of emergency pollution. The environmental, criminal and administrative legislation regulates rather comprehensively the issues of juridical liability for environmental violations. However, in cases of compensation of damage, methodic of calculating the damage is not developed adequately. The system of environmental protection state agencies is characterized by a high degree of consolidation, when a prevailing number of nature use and environmental protection functions are vested with one unit. Such an approach corresponds to the understanding of an environment as a unity that consists of interrelated and interactive elements that need to be addressed on a comprehensive basis. Implementation of the environmental legislation and performance of the function of the Ministry of environmental protection and natural resources use is complicated due to the lack of funding. A provision is made for involvement of the public in administering the social affairs in the field of environmental protection. Individuals are granted significant environmental rights that allow influencing the state decisions. Access to environmental information is regulated insufficiently. It is not required from the state bodies to involve the public or representatives into decision-making. Russia Practically all the issues relating to environmental protection, at least in a general manner, are regulated on the level of federal laws. Such laws are of a framework character, and their selected provisions without much control are further developed in governmental regulations. Caspian Sea problems are not addressed in separate laws. Member-units of the RF, including the littoral ones, according to their constitutional mandates, also regulate in respect to environmental protection of the Caspian Sea. Though much attention is attached to division of legislative competencies between the RF and its member-units (subjects), there is no clear understanding about the limits of their competencies in relation to the Caspian Sea. In particular, the legitimacy of certain normative acts may be doubted, like the Decree of the Government of the Republic of Digestion concerning establishment of the marine environment protection service. Taking into consideration, that the Caspian Sea, even under conditions when its status is not yet determined, is a transboudary waterbody, under the water legislation is falls exclusively within the competence of the federal government, unless any powers have been delegated to respective member-units of the Russian Federation. Natural objects may be used upon state permits. The use of mineral deposits, fish, coastal lands and other natural resources, discharge of effluents and disposal of wastes require a respective individual state permit. The system of environmental standards and limitations has been significantly improved for the recent years. Provision is made for the development of water quality standards taking into consideration of the natural background concentration of certain substances in respective waterbodies. Provision is also made for issuing standards for water basins. It is also stipulated that enterprises that use wastewater treatment facilities should comply with the limitations established for such discharges. Presently, the system of environmental standards is still applicable, and much technical work is needed for fulfillment of new legislative requirements. It is generally stipulated that economic projects that have an impact on the environment are subject to EIA and state ecological expertise. The two procedures in their substance duplicate each other that raise the total expenses. The water legislation provides for the establishment of water protective zones along the banks of watersbodies. Within such water protective zones, the restrictive regime of nature use is established. Regulation of pollution from non-point sources is missing. This area is hardly developed in legislation generally. The problem of invasive species of animal and plants remains an unresolved area. The resolution of this problem has a special significance as penetration of invasive species through transportation impacts the state of the Caspian Sea. Biodiversity is not specifically addressed. There is no legal definition of biodiversity, although this term is used in various legislative acts. The legislation on specially protected areas is well developed. However, the decision concerning the change of the regime of the protected zone of the Northern part of the Caspian Sea needs to be studied. The government of the RF adopted in early 90s regulations that provided for measures in response to seawater fluctuations. It is provided for construction of barriers, relocation of people and others. The state of implementations of the measures provided for by the normative acts has not been officially publicized. Much attention is attached to the development of the legislation regulating the procedures for actions in emergencies. Mainly, the regulations in detail regulate the national institutional issues that deal with prevention and elimination of emergencies. They determine the establishment of various emergency centers, rescue teams, etc. The whole picture looks very impressive, however its maintenance is connected with high expenses. Besides, the legislation is not clear concerning the distribution of powers. The liability legislation provides for classical types of environmental wrongs and punishments for their commitments. The adequacy of the sanction as compared to the problems of environmental protection of the Caspian Sea natural objects may arise certain doubts. In particular, the administrative fines are quite low and do not have either deterring or punishing effect. The criminal punishments are hardly applied. The methodic for compensation of damage are existent, but the mechanisms for proper use of the amounts received is inefficient. Environmental institutional system is developing in the direction of consolidation. In fact, a prevailing number of state functions are concentrated in the Ministry of Natural Resources. Such concentration allows removing the administrative additional barriers that occur in cases of dispersed administrative competencies, in particular, numerous agreement procedures for one project. The role of member-units of the RF remains unclear and the issue of interaction with the respective agencies of the RF. Like in other CIS Riparian States, the problem of funding implementation measures is quite acute. This is caused by unavailability of efficient approaches on how to distribute money flows. The process of governmental decision-making has been democratized. Environmental rights have been proclaimed and it is allowed to set up environmental public groups. Provision is made for the tools for influencing the governmental decisions, though, some of them have not been developed comprehensively. For instance, the right to have access to the information on the state of the environment is proclaimed, but in practice it becomes clear that one can easily obtain only meteorological information. In other cases, administrative, financial and procedural barriers arise. The right for the favorable environment has been proclaimed, but hardly anybody understands to the full its meaning. State bodies are not mandated to involve individuals or representatives of the business into decision-making. Turkmenistan Many of the environmental protection and nature use issues are regulated by laws; however, Presidential decrees play a significant role. The provisions of laws are developed further in governmental regulations. There are no special laws that address the Caspian Sea region in particular. At the same time, the President adopted several decrees on issues concerning the use and environmental protection of the Caspian Sea. The legislative acts have a framework character. Several laws like the Water and Land Code adopted in the former USSR are still applicable. General permit procedure is established for all types of nature use, including fishing, mineral resources use, land use and discharge of effluents. Provision is made for a system of environmental standards and limitations that include environmental quality standards and limitations of impacts from individual sources of pollution. The quality standards that were established back in the Soviet times are still applicable. It is not required to develop standards for the Caspian Sea. Quality standards are unified for the entire water object, and it is not required to take into consideration the natural characteristics of water objects and the background concentration of pollutants in various water objects. Desertification presents a hot topic for Turkmenistan. It also reveals itself in the Caspian Sea region. There is no special legislation on desertification. The Land Code does not have any provisions that would have specifically address the desertification problem. Provision is made for conducting an EIA and the state ecological expertise as a measure of preventing control. The EIA procedure is not developed in individual acts or otherwise, and the legislation on the state ecological expertise contains general references on the EIA and the necessity to submit the EIA materials for the state ecological expertise. The legislation concerning the legal regime of the coastal zone is missing. The available legislation concerns separate portions of the seashore that have a recreational significance (beaches). Therefore, it may be presumes that the general legal requirements concerning land use extend to the lands adjacent to the Caspian Sea that allows to locate any industrial and other enterprises. There is no legislation on biodiversity, however, most of the international requirements are transformed in the legislation about wildlife, genetic resources, specially protected areas and others. The legislation about specially protected areas is traditionally well developed. There are many governmental and ministerial regulations adopted in its furtherance. However the problem of implementation is quite acute that actually undermines the legislative and political expectations. The most important reason is underfunding. The legislation on environmental emergencies is still developing. The Law “On Prevention and Elimination of Emergencies” was adopted in 1998. It needs to be further developed in governmental regulations and institutional decisions, taking into consideration that the economic activities in the Caspian Sea are quite active. Liabilities are regulated rather comprehensively. Provision is made for the criminal, administrative and civil liabilities. The efficiency of these measures is not clear. The system of the state environmental institutions is represented by several ministries and agencies. The functions are administratively divided in relation to selected natural objects – waters, fisheries, and subsoil. There are no general coordinating units; however, a coordinating emergency center has been set up. General democratic rights to have access to the information on the state of the environment, to live in favorable environmental conditions are proclaimed. The provisions are formulated in a declarative form and need to be further developed. It is not required from the state bodies to involve the public and representatives of the business into the governmental or legislative decision-making. 5.2. Recommendations for improvement of the legislation for the purpose of environmental protection of the Caspian Sea region and sustainable use of its natural resources Upon the results of the analysis and the assessment of the environmental legislation and institutional arrangement for its implementation in the Riparian States, it seems possible to propose the following recommendations for the improvement of the legal and institutional measures for environmental protection of the Caspian Sea region and sustainable use of natural resources addressed to each Riparian State. It is recommended: Azerbaijan To bring into conformance with the contemporary conditions and scientific knowledge the system of environmental standards and to set the procedure of standard setting in respect to activities that impact the environment. To consider the possibility of adopting the standards for the Caspian Sea. To harmonize EIA and ecological expertise procedures. To study the issue of inter-relation of the EIA and the state ecological expertise so as to avoid duplication of works, optimization of expenses. To develop a unified procedure for decision-making for the projects that significantly impacts the environment. To develop a comprehensive program for dealing with pollution from existing sources including the issues of a legal and financial character. Such a program may include environmental auditing of enterprises that were operated before adoption of the requirement of the state ecological expertise and other ecological restrictions, making up of a list of enterprises subject to auditing, economic assessment of their profitability, development of the plans for their modernization, development of the governmental plan approvement procedures. To develop and adopt a legal act about the water protective zone of the Caspian Sea, providing thereby specific rules for land use and economic activities in coastal cities, Ports, recreational sites. To provide in such plan for measures in cases of flooding, including measures for the compensation of damages to the victims, and also the legal regime of lands susceptible to flooding. To develop a program of control of the conserved oil wells that impact the ecosystem of the Caspian Sea. To provide for liabilities for the pollution of lands from such wells, and to provide for a system of their monitoring. To develop a comprehensive program for combating environmental violations. To strengthen the juridical liabilities for illegal fishing of sturgeon, sea pollution by oil operations, sea pollution from land-based sources. To develop adequate methodic for assessing the damage and mechanisms of spending the financial resources meaning that such resources are to be spent on rehabilitation of the damaged conditions of the Caspian Sea and its natural resources. To develop and to adopt the system of emergency response actions in cases of oil spills, to distribute specifically the obligations among all the participants, the time limits, share of expenses, material and technical supply. To establish a requirement for mandatory ensurance of the sources of potential oil accidents by providing, whenever necessary, for the creation of special insurance funds. To optimize the work of the state agencies through removing the duplication of controlling functions, establishing collaboration and inter-action while adopting environmental standards, and in monitoring. It seems useful to set up a coordinating body in respect to the Caspian Sea with representatives from state environmental departments, NGOs, population, representatives of the business. To develop the working procedures for such a coordinating body and the procedures for decision-making. To improve the institute of access to environmental information. To make up a list of environmental information, procedures for obtaining it, determine governmental structures that would be responsible for providing it. Iran To establish in the environmental legislation a whole system of environmental standards with criteria for determining limitations for discharges and emissions, a requirement for inventory of the sources of pollution, control over the discharges from vessels, land-based sources, time deadlines for their preparation and adoption and regular revision, their publication. To provide for in the environmental legislation a system of monitoring of the environment, and in particular, monitoring of the Caspian Sea and monitoring the sources of pollution of the Caspian Sea. To distribute specifically among the state bodies and nature users obligations for monitoring of waters, controlling of effluent discharges, including discharges in basins of rivers that flow into the Caspian Sea. To develop and adopt EIA procedure as a mandatory procedure of decision-making of the economic projects that impact the environment taking into consideration the international experience. To provide for a mandatory participation of the public in such procedure either in the form of public hearings, or through involvement of the public in the procedures concerning decision-making upon the results of an EIA. To provide in the wildlife protection legislation measures for the protection of rare and endangered species, such as Red Data Book, prohibitions and restriction of commercial fishing, population rehabilitation measures, fish propagation, conservation of the genetic fund. To establish in the environmental legislation the legal regime of specially protected areas. To establish the environmental requirements for economic activities within their boundaries. To regulate in the environmental legislation issues connected with emergency response action relating to accidents in the Caspian Sea with environmental consequences. To establish in the law special environmental requirements for the coastal zone based on the principle of integrated land and water management and sustainable development. To provide for necessary compensations or alternatives in cases of restrictions of social life of people inhabiting the coast. To provide in the environmental legislation procedures for involving the public into governmental decision-making. For instance, it may be proposed to involve representatives of the public and the industry into the work of the Environmental High Council should the Council consider issues that concern rights and interests of the citizens and economic activities of industrial enterprises. To provide for the right of individuals to obtain information on the state of the environment and impacts on it connected with the protection of health, property, other legitimate interests. Kazakhstan To bring into conformity with the changed condition the system of environmental quality standards. To develop the environmental standards taking into consideration the experience of other countries, and to consider adoption of standards for the Caspian Sea and river basins. To develop the methodic for assessing the impact limitations, procedures for their revision, criteria for determining the maximum limitations of discharges and emissions, a requirement for inventory pollution sources and to establish the system of control of their emissions. To remove an uncertainty concerning the application of international standards. To optimize and to agree for the purpose of avoiding duplication of the EIA and the state ecological expertise. To prepare a full set of legal documents that would regulate EIA of various types of economic projects, agreeing of the results of various state expertises. To remove the vague provisions concerning types of zones adjacent to the aquatic territory of the Caspian Sea. To provide for the procedure of their establishment and all necessary restrictions for their use on the basis of scientific data and with due consideration of the water level fluctuations. To take into consideration specific features of virtual land use for coastal cities. To make up a list of dangerous facilities, the location of which within the zones adjacent to the Caspian Sea is forbidden. To prohibit location within the adjacent lands landfills. To establish in the environmental legislation clear requirements and environmental restrictions for the construction of ports, pipelines terminals. To establish control and liability mechanisms for the pollution of the sea by leakages from conserved oil wells covered by seawaters. To provide for financial and technical participation of Caspian Sea users for setting up of the monitoring system, technical maintenance of the conserved oil wells, though imposing the principle obligations on the state bodies. Taking into consideration that it is practically impossible to stop oil development in the Northern part of the Caspian Sea, to provide for an obligation of users in addition to other environmental obligation, their financial and technological participation in fish propagation, scientific research connected with sturgeon species, protection and improvement of the natural spawning grounds, and others. To establish a system of obligatory insurance for oil developing companies that work in the sea, and also for other dangerous objects located in close vicinity to the Caspian Sea. To develop the procedure for handling solid wastes, including drilling wastes, on the basis of the principle, when an obligation to control the whole track of wastes beginning from their emergence to their final disposal in the natural environmental, is vested with a waste producer. To provide for environmental requirements in handling solid wastes and liabilities for violation of these requirements. To set up a balanced system of emergency response actions in the sea. Such a system should provide for a clear distribution of mandates for elimination of environmental consequences, including those in the long term perspective between the rescue teams, persons responsible for accidents, and environmental agencies, for an obligation to rehabilitate the damaged environmental conditions, whenever possible, and for a methodic and procedures for the compensation of damage. To strengthen liability measures for environmental violations committed in the Caspian Sea, especially illegal fishing of sturgeon. To develop methodic for assessing the damage, and determination of guilt. To require the use of the compensation amounts for rehabilitation of the damaged natural conditions. To remove the duplication of control and monitoring functions in the competencies and activities of the executive environmental bodies. To grant to the Ministry of Environmental Protection and Natural Resources the right to control the activities of the oil companies in the sea. To develop necessary procedures for fulfillment of environmental rights of individuals, including the right for environmental information. To provide for a requirement and procedures to have representatives of NGOs and economic activities in adopting acts that concern their rights and legitimate interests. Russia Taking into consideration that the environmental legislation has introduced a new system of environmental standards, the main efforts need to be concentrated on implementation of these provisions. In particular, it is needed to have clear criteria for determining the levels of maximum allowable concentrations in waters, methodic for establishing water quality standards for water basins, methodic for determining the maximum allowable environmental pressure for geographic and other regions. In this context, it is important to make an inventory of the objects that impact the Caspian Sea and its natural resources, to develop the technical standards for the equipment as required by the legislation, and water quality standards for the Caspian Sea. To optimize and to elaborate the procedure for decision-making relating to projects impacting the environment. To remove duplication of works in EIA and the state ecological expertise, to establish a clear co-relation between the state ecological expertise and other expertises, to establish specific procedures for specific types of projects. To concentrate on measures for implementation of the legislation requirements concerning water protective zones as applied to the Caspian Sea. To make an inventory of sources of pollution on the seashore, to set up restrictions and control measures for the pollution of the sea from non-point sources. To adopt Regulations on the Water Protected Zone of the Caspian Sea. To establish legal requirements on the protection of the Caspian Sea from invasive species of wildlife and plantlife. To develop Regulations on the Sanitary Control of the Vessels arriving the Caspian Sea from other waterbodies. Like in Kazakhstan, to provide for similar measures for oil companies who develop oil resources in the Northern part of the Caspian Sea to protect sturgeon species (see point 5 Kazakhstan) To strengthen the liabilities measures for environmental violations, especially for illegal fishing of sturgeon. Taking into consideration risk and facts of corruption of the regulatory and enforcement agencies, to strengthen the liability for malfunction of governmental officers. To develop all necessary methodic, including the methodic for determining the guilt, assessment of damage and procedures for the use of compensation amounts. To optimize organization and procedures of emergency response actions in cases of oil spills, though clearing distributing mandates among all the participants of rescue and rehabilitation operations in cases of oil spills in the Caspian Sea. To establish the criteria for recognizing a situation an emergency, consider the legal qualification of situations connected with potential significant damage that may be caused by sea level fluctuations. To set up a system of mandatory environmental insurance of the facilities that may impact the state of the Caspian Sea. To establish the procedure for coordination of governmental activities connected with regulation of nature use and environmental protection of the Caspian Sea. To provide for setting up of an inter-agency coordinating body with representatives of the Riparian member-units (subjects) in it. To remove the duplication of controlling functions. To develop a program, or a legislative act for the protection of the sturgeon. In preparing it, to avoid declarative provisions that would require their further development in governmental regulations. To elaborate all necessary procedures in this act and to delineate clearly the competencies of the state bodies of the RF and state bodies of the member-units of the RF. To develop further the institute of environmental rights of individuals. To provide for a mandatory involvement of representatives of the public (NGOs), local population and representatives of industries to procedures of decision-making connected with regulation of nature use and environmental protection of the ecosystem of the Caspian Sea. Taking into consideration, that issues connected with the Caspian Sea are regulated by numerous laws and regulations, including those adopted by the member-units of the RF, and their implementation goes out of control, to develop a program of legal protection of the Caspian Sea. To provide in such a program a list of governmental acts that are to be adopted and to be repelled, to inventory the existing legal acts, to incorporate the financial resources needed for their implementation. Turkmenistan To update the system of environmental standards and limitations taking into consideration the actually changed natural and economic conditions, and also the experience of other countries and international standards. To adopt the law on desertification, or to incorporate into the land, forestry and other legislative acts a set of measures aimed to combat desertification, taking into consideration specific features, if any, of desertification caused by the sea level fluctuations. To develop the EIA procedure. To optimize and harmonize the EIA procedure with the procedure of the state ecological expertise, so as to remove duplication of works. To develop procedures for the state ecological expertise addressed to various specific projects. To provide for involvement of the public (NGOs) and the local population into the state expert commissions. To adopt a legal act with all necessary restrictions for the lands adjacent to the Caspian Sea. To provide for a list of prohibited actions within various parts of the seashore. To establish efficient controlling measures of the economic activities on the lands adjacent to the Caspian Sea. To develop procedures for emergency response actions on the Caspian Sea, and clearly distribute mandates among all the participants, the procedures for their interaction, financing, liabilities for those guilty for accidents, methodic for calculating the damage. Taking into consideration that powers for regulating nature and environmental protection are carried out by several agencies, for the purpose of their coordinated fulfillment of their function, to set up an inter-agency coordination body and to adopt Regulations on such a body. Such regulations should determine the sphere of its competence and powers, procedures for coordinated decision-making on issues that concern the use of natural resources and environmental protection of the Caspian Sea. To develop the provisions that proclaim the environmental rights of individuals. To provide for necessary procedures for getting information, to set up necessary units within state bodies, that would be responsible for providing information to the public. To determine the criteria of determining favorable environment. To provide for mandatory involvement of the public (NGOs) into governmental decision-making. To provide for mandatory involvement of representatives of the public into the experts commissions that conduct state ecological expertise. Taking into consideration that the Riparian States have definite similarity of the legal and institutional problems, some of the above recommendations may be carried out on the basis of common approaches within the framework of cooperation. Use of common approaches and cooperation for the improvement of legislation and institutional measures for their implementation will also help in solving issues of a transboundary character. It, in particular, concerns regulation of fishing and sturgeon protection, emergency response actions, and governmental decision-making for projects that have a transboundary effect. Therefore, in improving the legislation and implementation measures the following mechanisms of cooperation can be suggested: To develop a model procedure of Environmental Impact Procedure for the projects that have a transboundary environmental effects, especially oil development projects On the basis of a common methodic, to develop common water quality standards for the Caspian Sea, as well as the system of limitations if impacts from various sources To develop the methodic for determining risks and on their basis to develop a system of obligatory insurance for oil facilities and dangerous land-based facilities To establish a framework model act responding to desertification problem To develop unified environmental requirements to various types of economic activities that impact the Caspian Sea, especially for the activities that have a transboundary environmental effects To develop procedures for interaction of the state bodies of the Riparian States in cases of emergencies To develop a model legal act on environment control in the Caspian Sea To develop methodic for assessing the damage and a model legal act on compensation of damage in the Caspian Sea To develop a concept of a coordination body for the Caspian Sea To develop a model act on biodiversity protection To establish common fishing rules To develop common requirements for the legal regime of the coastal zone. Practically the above recommendations may be fulfilled through using inter-agency or inter-governmental cooperation mechanisms. In cases, where an issue is to be decided on a legislative level, it would be useful to set up inter-parliamentary commissions of the Riparian States. Such commissions could both prepare and then promote adoption of respective laws. In other cases ad hoc commissions may be established on the governmental or ministerial level. For instance, for developing common fishing rules, an ad hoc commission may be established by respective fisheries ministries. s of the Riparian States Relating to Environmental Protection and Sustainable Management of the Environment of The Caspian Sea Region Azerbaidjan Law on sanitary and epidemiological well being (1992) Water Code (1996) Law on Subsoil (1998) Law on Fish Propogation (1998) Law on Hydrometeorological Activities (1998) Law on Industrial and Communal Wastes (1998) Law on Wildlife (1999) Law on Environmental Protection (1999) Law on Ecological Safety (1999) Law on Water Supply and Effluents (1999) Iran Environment Protection and Improvement Act (1974) Air Pollution Control Act (1975) Protection and Expansion of Urban Green Areas Act (1980) Water Pollution Control Act (1984) Law for Control and Prevention of Oil Contamination of Seas and Border Waters (1975) Environment Health Regulations (1992) Game and Fish Law (1967) Iranian Fisheries Company (Shellac) Constitution Coastal Zones Law Civil Responsibility Act Second Economic, Social and Cultural Development Plan Russia Law on Environmental Protection (1991) Law on Ecological Expertise (1995) Water Code (1995) Law on Specially Protected Areas (1995) Law on Subsoil (1995) Law on Commercial Navigation Turkmenistan Law on Protection of Nature (1991) Law on Strengthening of Liability for Environmental Violations (1991) Law on Specially Protected Areas (1992) Law on Subsoil (1992) Law on Protection of Plantlife (1993) Law on State Ecological Expertise (1995) Law on Hydrocarbon Resources (1996) Law on Protection and Use of Wildlife (1997) Law on Prevention and Liquidation of Emergencies (1998) Water Code (1993)