Improving Environmental
Regulations for the Russian Arctic
Summary Proposals
The
Fundamentals of the National Arctic Policy of the Russian Federation till 2020 and beyond
require improvements to the Russian legislation including environmental
legislation with consideration to the national interests and specific nature of
the region. To this end, the main measures to insure execution of the national
policy require special regimes in the use of natural resources and
environmental protection in the Russian Arctic including monitoring of its
pollution levels.
In
this regard, it is proposed to develop the draft federal law “On Special
Regimes in the Natural Resources Management and Environmental Protection in the
Russian Arctic” (the Draft Law).
Justification of the Draft Law
Intensive
business and defense-related activities in the Russian Arctic impaired serious
damage to the environment in those areas where the above activities used to be
carried out leading to the ecosystem degradation and public health
consequences. Further intensification of activities associated with the
exploitation of natural resources in the Russian Arctic including on the
continental shelf will generate new threats to the environment, which may take
on the regional (circumpolar) and even global scope in case of failure to
undertake the proper measures. Since the Arctic ecosystems are highly
vulnerable (with the disturbed Arctic ecosystems offering extremely low
restoration capacity), the specific conditions of conducting business in the
Arctic require specific approaches to addressing the environmental concerns in
the Russian Arctic in the context of economic expansion and global climate
changes.
The
analysis showed that the applicable environmental legislation of the Russian Federation fails to take into account
the natural, climatic, and other
geographic conditions of the Russian Arctic that are unique only to this region
of Russia.
It also ignores the massive past environmental damage caused by the
development of this region, and the associated potential environmental threats.
The
most visible and substantial gaps in
the institutional and legal framework that prevent to cardinally address the
problem of environmental safety in the Russian Arctic, while avoiding
establishing obstacles to its economic development include the inadequacy or lack of:
· The system of environmental monitoring in the
Russian Arctic that is based on uniform methodological approaches to ensure
prompt, objective and complete information about (i) the types, sources and
intensity of negative environmental impacts in the Russian Arctic; (ii) the
state of its natural complexes and ecosystems in order to make political,
economic and other decisions at any management levels;
· Environmental standards that take into account the
regional natural and climatic conditions of the Russian Arctic and determine
the permissible levels of man-induced impacts on its natural environment in
order to carry out control functions by the designated authorities;
· Policy tools to encourage environmental activities that meet the
modern level of economic development and ensure the tapping of substantial
investments in the development and implementation environmentally-friendly
technologies (including the best available technologies) and in the carrying
out measures to address past environmental damage in the Russian Arctic;
· The required legal and methodological framework for (i) assessing
environmental risks from the business activities in the Russian Arctic; (ii)
assessing environmental damage; (iii) assessing the justification of proposed
projects; (iv) executing the functions of the state environmental control and
other measures to ensure environmental safety in the Russian Arctic;
· Mandatory insurance or other sources of financing
civil liability for environmental damage from drilling and development
of mineral resources on the continental shelf (these problems are not solved by
the provisions stipulated by the federal laws “On the Continental Shelf of the
Russian Federation”, “On Mandatory Insurance of Civil Liability of the Owner of
a Hazardous Facility for Damage From an Emergency at the Hazardous Facility”,
and Code of Merchant Shipping of the Russian Federation);
· Legal and methodological framework of the ecosystem
approach to the conservation of marine biological and other natural resources,
which has become a standard international practice;
· The legal mechanisms of cleaning-up the so called
“accumulated (or past) environmental damage”; cleaning-up past environmental damage is one of the priorities in the
protection of the environment in the Russian Arctic (there is even no legal
determination of such a category of damage);
· Determination of the concept of and procedures for the
establishment of marine protected natural sites.
For
instance, radical improvements are needed to the system of standard setting for
the quality of the environment and environmental impacts with due regard to the
particular natural and climatic conditions of the Russian Arctic and the
existing levels of the environmental pollution in some areas of the Russian
Arctic.
We need
to eliminate (possibly gradually) the current permissible practice of long-term
excessive environmental impacts whereby the polluter is not subject to any
serious legal consequences. Primarily, this concerns the so called “temporarily
agreed” limit values of emissions and discharges that would be set forth on the
basis of the actual emissions and discharges of the polluter.
Substantial
additions are also required to the legal
mechanism of compensation for damages to the environment or specific
components of the Arctic environment. This, primarily, includes damages caused
by the ongoing business or other operations on the continental shelf and within
the exclusive economic zone of the Russian Federation.
The
federal laws “On Exclusive Economic Zone of the Russian
Federation” and “On the Continental Shelf of the Russian Federation” have no special rules for
the compensation of such damage and make reference to the legislation of the Russian Federation.
However, the legislation of the Russian
Federation could only be applied where it contains
stipulations concerning its application in the exclusive economic zone of the Russian Federation
and on the continental shelf.
Given
the specific nature of the environmental concerns in the Russian Arctic, care
should be taken to develop a number of methodologies for determining damage
caused in the Russian Arctic in typical situations, such as:
· Oil, oil products
and other pollutants spills in the ice-covered areas;
· Contamination of
coastal areas from oil spills from vessels and oil-production platforms;
· Unauthorized
disposal of waste in the ice-covered areas;
· Destruction or
disturbance of topsoil and vegetation layers in the tundra by moving vehicles
and machines, construction, earth-moving, geological surveys, and other works;
· Disturbance of
agricultural lands such as reindeer pastures, etc.
Here,
it should be noted that such methodologies shall only be approved by the
designated authority where the law directly stipulates that such methodologies
should be adopted.
In the
existing federal legislation (tax laws, budget legislation, laws on investment
activities, etc.), there is practically no reflection of the blanket provisions
contained in Articles 14, 17 of the Federal Law “On Environmental Protection”
with their legislative provisions for economic incentives, in particular (i)
“….enjoying tax and other incentives when
implementing the best available technologies, renewable energy sources,
utilizing recyclables and processing wastes, and carrying out other effective
environmental activities” (Article 14); (ii) “governmental support to businesses the goal of which is to protect the
environment…. by providing tax and other incentives in accordance with the
legislation” (Article 17).
The
legislation on technical regulation and Urban Planning Code of the Russian Federation
ignore the forecasted climate changes and the climate change-related
development of natural hazards in the Russian Arctic, in particular, thawing of
permafrost masses.
The
Federal Law “On Exclusive Economic Zone of the Russian Federation” (Article 32)
provides for an opportunity of adopting special federal laws and other
regulations in order to prevent, reduce or control contamination of the marine
environment in the ice-covered areas. But no specific legislative provisions
were introduced in this regard. No further specific norms were prepared under
the provisions of Article 33 “Protection and Conservation of Special Areas” of
the same law.
The
Russian Federation failed to translate into action an opportunity to recognize
the special conditions of the Russian Arctic as specified in the provisions of
the UN Convention on the Law of the Sea (in particular Articles 194, 201, 207,
208, 210, 211, 221, 234 of the Convention) and to provide for all the
required measures in order to prevent
contamination of the marine environment from all the contamination sources
(vessels, exploration and production facilities, burial of waste, the sea
bottom operations, air emissions, land-based sources) and accidents on the sea.
The
above and other gaps in the regulation of natural resources management and
environmental protection in the Russian Arctic could be bridged under the
proposed Draft Law.
Another
argument for developing the Draft Law is the decisions of the Intergovernmental
Arctic Council where the Arctic countries, the Council members, call for the
improvement of national legal and regulatory frameworks to regulate navigation
in the Arctic waters and to make binding specific provisions of some of the Council
documents (“Arctic Council: Arctic Offshore Oil and Gas Guidelines; 2009”).
It
will be noted that other Arctic Circle states
have both framework environmental regulations with specific provisions
concerning the Arctic areas, and specialized laws scoping only the Arctic
areas. Examples of the latter ones include the Canadian Arctic Waters Pollution
Prevention Act (AWPPA), Oceans Act Marine Protected Areas in the Arctic Seas,
Norway Law about Environmental Protection on Spitsbergen,
etc. The current positive practice of enforcing legislation could be used in
drafting the Law.
Adopting a federal level law
with a limited territorial scope will not be a unique practice in the domestic
legislation. We know a number of federal laws that have introduced a
specialized regime of legislative regulation (including for natural resources
management and environmental protection) for individual regions in the country
with due regard to their ecological importance, natural and climatic features,
and vital national interests. These, for instance, include the Federal Law of
May 1, 1999 No. 94-FZ "On Protection of Lake Baikal”, the Federal Law of
December 1, 2007 No. 310-FZ" On the Organization and Conducting the XXII
Olympic Winter Games and XI Para-Olympic Games in 2014 in Sochi, Development
of Sochi as a Mountain Resort and Amending Some Legislative Acts of the Russian
Federation”, the Law of the Russian Federation of February 19, 1993 No. 4520-1
«On State Guarantees and Compensations for those working and living in the Far
North and Other Eligible Areas". Very similar in orientation to the
proposed bill was the USSR Law "On Approval of the Decree of the Presidium
of the Supreme Soviet of the USSR "On Strengthening the Protection of
Nature in the Far North and Marine Areas Adjacent to the Northern Coast of the
USSR of 28 November, 1984 No. 1422-XI.
Some
Conceptual Highlights of the Draft Law
The
Goals:
· Establishing
special regimes of natural resources management and environmental protection in
the Russian Arctic; these are understood as a set of legislative measures to
prevent and reduce negative impacts of the ongoing, intended, and past economic
activities on vulnerable ecological systems of the Arctic, its flora and fauna;
· Establishing
economic and legislative instruments to ensure clean-up of the environmental
consequences from past economic and other activities in the Russian Arctic;
· Bridging some gaps
in the existing legislation including with regard to setting forth special
legislative measures to protect the environment in the ice-covered areas;
The
Draft Law aims to regulate the relations in areas such as:
· Protection of the
environment, and its individual components (water bodies, marine environment,
lands, flora and fauna, etc.) from negative impacts caused by business
activities including when establishing and using in the Russian Arctic
production and other facilities, materials, products that pose environmental
threats;
· Restoration of the
disturbed environments including as a result of past business and other
activities;
· Establishment and
determination of the legal regime of the areas/aquatic areas with a special
environmental status;
Relations
in the area of natural resources management and environmental protection in the
Russian Arctic will be regulated not only by the proposed Draft Law, but also
by the existing federal laws and other regulations of the Russian Federation,
laws and other regulations of the constituent subjects of the Russian
Federation in consideration of the provisions contained in the Draft Law.
The
Draft Law will be based on the principles of:
· Adherence to the
generally accepted principles and norms of the international law in the course
of the Russian Federation exercising its sovereign rights and jurisdiction in
the Russian Arctic;
· Recognition of the
global importance of the activities aimed at conserving and restoring the
Arctic environment;
· Consideration of
the short-term and longer-term environmental, climatic, economic, demographic
and other consequences in the carrying out of business and other activities in
the Russian Arctic;
· Priority focus to
be given to the conservation and restoration of natural ecosystems in the Arctic;
· Differentiated
approach to the regulation of natural resources management and environmental
protection in the Russian Arctic in consideration of the legal (including
internationally related legal status) status of its individual territories;
· Non-discrimination
nature of the Draft Law-specified special regimes of natural resources
management and environmental protection governing equally the domestic and
foreign legal entities and individuals, as well as other entities conducting
their business within the Russian Arctic;
· Public private
partnership (PPP) and governmental support to investment activities so as to
provide incentives for the cleanup of the past damage caused by business and
other activities in the Russian Arctic;
· Preservation of
the traditional life style and natural resources uses of the small-in-numbers
indigenous peoples of the North inhabiting the Russian Arctic;
· Expanding the
capacity of international cooperation in the cleanup of past environmental
damage, mitigation of new environmental threats, application of best available
technologies, responding to the environmental emergencies in the Russian
Arctic.
This
Draft Law shall apply to the following entities and individuals: (i) federal and
regional authorities of the Russian
Federation and local self-governments; (ii)
Russian and foreign legal entities and individuals; (iii) international
organizations; and (iv) other entities in the Russian Arctic that carry out
activities associated with environmental impacts.
This
Draft Law will set forth the mandates of the federal and regional authorities
of the Russian Federation
and local self-governments to be exercised for the purpose of this Draft Law.
This
Draft Law will also set forth new rights and obligations for Russian and
foreign legal entities and individuals and other entities in the Russian Arctic
that carry out activities associated with environmental impacts.
The
Geographic Scope of the Draft Law
It is
the Russian Arctic, which has currently no legally defined boundaries. They are
to be defined in the Draft Law in accordance with the norms of the
international law with respect to the marine boundaries of the Russian Arctic.
The
Place of the Draft Law in the System of the Current Legislation
In
accordance with the Legal Acts Classifier as approved by the Decree of the
President of the Russian
Federation of 15 March 2000, No.511, the
Draft Law will refer to the legal acts under No.110.000.000 “Natural Resources
and Environmental Protection”. In accordance with the Constitution of the Russian Federation, the Draft law will delegate
some competences in the area of natural resources management, environmental
protection and environmental safety in the Russian Arctic to the constitutional
subjects of the Russian
Federation and local self-governments.
Some
New Legislative Provisions in the Draft Law
With regard to the environmental protection
requirements concerning surveys and production of mineral resources in the
ice-covered areas of the continental shelf, it will include provisions to:
· Prevent pollution
of the environment when conducting exploration, design, construction, and other
works associated with the establishment of ice-resistant stationary and mobile
oil and gas production platforms and terminals in the ice-covered areas, as
well as during their subsequent operation and removal from service;
· Prevent pollution
of the ice cover with oil, oil products, other chemical and biological
substances in the course of construction, exploration and extraction of
minerals, as well as during the loading/unloading, transportation and other
operations;
· Prevent discharge
of untreated wastewater including mandatory provisions for furnishing the
accommodations of the ice-resistant stationary and mobile oil and gas
production rigs and platforms with wastewater treatment systems;
· Remove any
production and consumer wastes generated from the establishment and operation
ice-resistant stationary and mobile oil and gas production platforms and
terminals in the ice-covered areas;
· Carry out
mandatory statutory environmental review assessment of the documentation
justifying new types of machinery and technologies to be used in the
ice-covered areas;
· Ensure compulsory
insurance or any other proper financial provisions against environmental risks
associated with the exploration, production, and transportation of oil,
liquefied gas, and other hazardous substances and waste;
· Carry out
mandatory certification of installations, machines and equipment used for the
exploration and production of mineral resources in the ice-covered areas; and
· Introduce bans on:
-
accumulation and storage of any production and
consumption waste including drilling sludge on the surface of ice cover when
establishing, operating and removing from operation offshore stationary and
mobile drilling and oil and gas production platforms;
-
flaring of associated gas on the ice-resistant
stationary oil and gas production platforms;
-
discharge of untreated wastewater and waste;
-
explosive works, etc.
· Ensure that there
are approved oil spill prevention and response plans, and that there are
physical resources to promptly respond to the threat of oil spills;
· Ensure that there
are ongoing communications with the vessels of the support fleet including with
ice-breakers and other arctic navigation vessels designed for emergency and
rescue operations, environment protection, underwater hydrographic and other
works;
· Ensure that the
legal entities that are engaged in exploration and production of oil, as well
as transportation of oil and other hazardous substances and waste maintain
agreements with emergency and rescue services including onshore facilities to
render emergency assistance in responding to emergencies that resulted in
pollution of the marine environment and coastal areas;
· Promptly warn
about emergencies including the onshore emergency response facilities;
· Promptly take
measures to cleanup ice cover in case of its pollution with oil, oil products,
other chemical and biological substances when carrying out the above works;
· Ensure that there
is deepwater mobile equipment to respond to emergencies that may cause environmental
damage;
· Determine a set of
steps for cleaning up and restoring coastal areas contaminated as a result of
oil spills from vessels and oil production platforms including the list of such
works, work schedule and persons that are responsible for their organization;
With regard to the environmental protection
requirements navigation in the ice-covered areas of the continental shelf, it
will provide for the following:
· Ice breakers and
ice-rated Arctic vessels that are designed to carry oil, liquefied gas, other
hazardous substances, materials and waste shall be designed, built, and
operated by incorporating measures to prevent pollution of the marine
environment in case of emergencies. Ban must be imposed on the transportation
of the above cargo in the ice-covered areas by vessels that do not fall into
the ice-rated category. Catamaran tankers of icebreaking category shall be used
to transport oil in the ice-covered areas.
· Environmental
safety measures when operating, mothballing, and utilizing nuclear-powered
vessels, as well as when handling radioactive waste generated from the
operation of nuclear-powered ice-breakers, other nuclear-powered vessels,
submarines, and power plants;
· Navigation routes for ice-breakers and other
ice-rated Arctic vessels shall be determined in consideration of fauna
conservation requirements (in particular, by passing the spawning, wintering,
reproduction, feeding, and migration grounds and routes of animals) and in
accordance with the provisions of international agreements, Russian
legislation, and recommendations of competent international organizations;
· The navigation
routes of vessels transporting oil along the coastal line shall be determined
in consideration of the need to mitigate the risks of oil pollution of the
coastal areas in case of offshore accidents.
With regard to the economic and legislative
instruments for the cleanup of past environmental damage from economic
activities in the Russian Arctic, the main
objectives of legislation in this respect include:
- To determine and set
forth formal legal criteria and features of past environmental damage, in
particular:
a)
How long ago it was caused and/or identified in order
to distinguish it from the environmental damage caused by the current business
and other activities;
b)
Spatial criteria of definitions such as an “area”,
“aquatic area”, etc., as a subject area of activities concerning the cleanup of
past environmental damage;
c)
Whether it would be possible or impossible to identify
legal entities and other entities/persons responsible for causing such damage
or successors of such persons/entities;
d)
Presence/Lack of noncompliance (i.e. violation of the
legislation) when causing such damage;
- To set forth the
competences of the Russian Federation,
constituent subjects of the Russian Federation,
municipalities, corresponding executive authorities and self-governments
in the regulation of such relations;
- To determine legal forms
for the participation of the Russian
Federation, constituent subjects of the Russian Federation,
municipalities, foreign states, international organizations, domestic and
foreign legal entities in the carrying out of measures to identify,
assess, and respond to past environmental damage including development and
adoption of targeted programs, implementation of joint programs, etc.
- To provide for division
of liabilities for the cleanup of the current and past environmental
damage, and division of liabilities for the cleanup of past environmental
damage among the Russian Federation, constituent subjects of the Russian
Federation, municipalities, as well as business and other entities;
- To establish the
procedures for the inventory and ranking of areas (aquatic areas) in need
of restoration including natural and other sites depending on the extent
of past damage for the environment and population;
- To introduce a procedure
for record keeping and certification of such areas/aquatic areas and
sites;
- To provide for the
carrying out of environmental audit aimed at environmental and economic
assessment of environmental damage as a result of past business
activities;
- To determine a tentative
list of measures required to cleanup past environmental damage (removal
and utilization of accumulated waste; restoration of polluted lands;
cleanup of the sea bed and other water bodies from sunken vessels and
other wastes posing threat to the environment and navigation; other
measures aimed at restoring disturbed environment and individual nature
sites);
- To provide compliance
requirements concerning environmental and other safety measures,
protection of legitimate rights and interests of citizens, business and
other entities, other individuals and entities when carrying measures
associated with the cleanup of past environmental damage;
- To introduce the definition
of a “priority project” as applicable to past environmental damage cleanup
projects and to establish criteria for the selection of such projects to
ensure their priority implementation;
- To provide for specific
regulation of land, water, forest and other natural resource relations
arising in connection with the carrying out of works for the cleanup of
past environmental damage including on the continental shelf of the
Russian Federation;
- To establish specific
government procurement procedures at the federal/municipal levels for the
procurement of products, services, and works with regard to the
identification, assessment, and cleanup of environmental damage caused by
past business activities;
- To establish financing
procedures for the works associated with the identification, assessment,
and cleanup of environmental damage caused by past business activities
including on the PPP basis;
- To ensure differentiated
approach to addressing the problem depending on availability (or absence)
of entities/individuals carrying out (or interested in the carrying out)
business and other activities in the areas/aquatic areas in need of
environmental restoration because of past environmental damage within its
boundaries;
- To provide for statutory economic incentives
for the participation of business entities, public entities, foreign legal
entities, and other entities in the activities associated with the cleanup
of past environmental damage;
- To set forth provisions
concerning the incorporation into title documents (licenses, contracts,
agreements, investment contracts, etc.) of conditions on participation in
the financing of measures for the cleanup of past environmental damage;
- To provide for specific
nature of compensation for environmental damage caused before the transfer
of title on the property of a state or municipal enterprise as a result of
a privatization process;
As a
priority, these objectives could be met in the context of the Russian Arctic,
where these are of vital importance.
To
ensure economic incentives to entities engaged in the natural resources
management or other business activities in the Russian Arctic with respect to
the implementation of measures for the cleanup of past environmental damage,
the following legislative instruments might be useful:
· Credit for tax or
non-tax payments (i.e. pollution charges) against the documented expenses for
the actual cleanup works with regard to such damage that were carried out in
the reporting period in accordance with the approved design documentation and
as accepted in accordance with the approved procedure;
· Inclusion of the
condition for the participation in the implementation of measures associated
with the cleanup of such damage when providing subsoil use licenses for the
exploration of minerals including of mineral resources on the continental
shelf, etc.
Political
Consequences Associated with the Draft Law
Adopting
the Draft Law will be an important step toward the implementation of the
objectives as set forth in the main policy document of the Arctic component –
the Fundamentals of the National Arctic Policy of the Russian Federation till 2020 and
Beyond. The Draft Law will offer another evidence of Russia’s
strategic interests in the Arctic, its
responsibility and special rights as one of the Arctic states with regard to
the use of natural resources and protection of the environment in the Arctic
region. The leading role of the five coastal Arctic states in the protection of
the unique environment of the Arctic Ocean,
prevention of emergencies and negative consequences of climate change in the
region was highlighted in the political declaration of the ministers of foreign
affairs of these countries dated 29 May 2009.
Adopting
and implementing the Draft Law will demonstrate to the world community that Russia
really intends to establish and ensure the required conditions for sustainable
development of the Russian Arctic and conservation of the vulnerable Arctic
ecosystems. There is no doubt that all the Arctic states will welcome the Draft
Law given the importance of the environmental concerns in the Arctic and the
fact that addressing these concerns is viewed by the Arctic community as a
priority objective. The Draft Law will establish a more favorable framework for
the development of effective business partnership between Russia and other Arctic states in
the area of environmental protection including prevention of emergency oil
spill, and other emergencies. It will contribute to the consolidation of
efforts and funds of the Arctic states to cleanup past environmental damage and
minimize environmental threats in the Arctic region.
In
consideration of the generally accepted principles and norms of the
international law, the Draft Law will set forth the definition “The Russian
Arctic (the Arctic Zone of the Russian Federation)” having included therein the
land and marine areas within the boundaries of the Russian Federation, as well
as offshore areas within the boundaries of the exclusive economic zone and
continental shelf of the Russian Federation. Legal framework will be
established to use the Northern
Sea Route for international shipping under the
jurisdiction of the Russian
Federation with consideration to the
environmental requirements for shipping.
The
Draft Law will establish the legal framework for the national environmental
policy in the Arctic, which is of paramount importance taking into
consideration the fact that the Russian Arctic may well become the strategic
resource base of the Russian
Federation.
Developed
on the basis of the international treaties, where Russia is a signatory, for
the prevention of pollution from vessels by the discharge of waste and other
materials, the International Convention on Liability and Compensation for
Damage in Connection with the Carriage of Hazardous and Noxious Substances by
Sea (1996), and other international acts, the Draft Law will serve as an
effective legal framework for the implementation of the international
obligations of the Russian Federation arising from these international treaties
as applicable to the Arctic region.
The
Draft Law will contribute to the implementation of Article 234 (Ice-Covered
Areas) and other provisions of the UN Conventions on the Law of the Sea (1982)
with the purpose of control and regulation of maritime activity in the Russian
Arctic.
Social
and Economic Consequences of the Draft Law
The
main effect from the adoption and implementation of the Draft Law will be
reduced negative impacts on the Arctic environment and restoration of the
disturbed areas including through the cleanup of past environmental damage.
This will lead to the improvement of living conditions of people in the Russian
Arctic including small-in-numbers indigenous peoples of the North, reduced
morbidity levels, longer life span and better life quality, reduced migration
to other regions of Russia,
conservation and expansion of the commercial base of water biological
resources.
Reduced
negative impacts in the areas of traditional use of natural resources and
restoration measures will lead to the demographic improvements among the
small-in-numbers indigenous peoples of the North. Conservation measures with
respect to the Russian Arctic natural ecosystems including the marine and fresh
water ecosystems will increase populations of various types of water biological
resources and terrestrial fauna, which are traditional game resources for the
small-in-numbers indigenous peoples of the North. This will also serve as a
vital contribution to addressing the problem of conserving reindeer pastures as
the main resource for reindeer husbandry.
There
will be other positive outputs as well including:
· Relative reduction
of expenses for health promotion activities and rehabilitation of local
population including small-in-numbers indigenous peoples of the North;
· Improved
conditions for the development of tourism (marine and land-based) including
ecotourism;
· Prerequisites for
the establishment of new protected areas and restoration of populations of rare
and valuable species of flora and fauna.
Legal
Consequences of the Draft Law
The
goal of the Draft Law is to develop further a number of norms of the
Constitution of the Russian
Federation, provisions of Art. 18 of the
Federal Constitutional Law of 17 December 1997 No. 2-FKZ "On the
Government of the Russian Federation, federal laws of July 31, 1998 No.
155-FZ" On the Internal Maritime Waters, Territorial Sea and Contiguous
Zone of the Russian Federation ", of 17 December, 1998 No. 191-FZ "On
the Exclusive Economic Zone of the Russian Federation", of November 30,
1995, No. 187-FZ "On the Continental Shelf of the Russian
Federation", dated January 10, 2002 No. 7-FZ "On Environmental
Protection ", the Land Code of the Russian Federation of October 25, 2001
No. 136-FZ ,of the Water Code of the Russian Federation of June 3, 2006 No.
74-FZ, of the Forest Code of the Russian Federation of December 4, 2006 No.
200-FZ, etc.
Adopting
the Draft Law will require amendments in some existing federal laws, while for
the Draft Law to be implemented it will be necessary to adopt a number of
regulations.
ANALITICAL MATERIALS
Status of Environmental
Regulation in the Context of the Russian Arctic
OVERVIEW
1. Why is there a need for special environmental
regulation in the Russian Arctic?
1.1. Under the Fundamentals of the National
Arctic Policy of the Russian Federation Towards 2020 and Beyond (the Fundamentals) as approved by
President of the Russian Federation on 18 September, 2008, this state has
special national interests in the Arctic, including, in particular:
· Using the Russian
Arctic as a strategic resource base of the Russian Federation to help meet the
objectives of the social and economic development of this country;
· Conserving the
unique ecosystems of the Arctic;
According
to this Document, attaining the strategic economic goals of Russia in the Russian Arctic should
be carried out by recognizing the need for:
· Conserving its
unique ecosystems, biodiversity of the Arctic flora and fauna including by
expanding the networks of the protected natural sites and water areas;
· Ensuring
environmental safety of the use of natural resources and other business
activities with due regard to the natural and climatic features of the Arctic and forecasted climate changes;
· Addressing
environmental consequences from past business and other activities such as
restoring natural landscapes, utilizing hazardous industrial waste including
decommissioned nuclear-powered vessels;
For
many decades, the intensive economic and defense-related activities in the
Russian Arctic resulted in numerous local ecological “hot spots” demonstrating
the levels of environmental pollution that exceed the pollution limit values
many times. Other impacts include ecosystem degradation, deteriorated public
health, loss of biodiversity and disturbance of the utilities. Further
intensification of activities associated with the exploitation of natural
resources in the Russian Arctic including on the continental shelf will
generate new threats to the environment, which may take on the regional
(circumpolar) and even global scope in case of failure to undertake the proper
measures.
In
2009, the Maritime Board with the Government of the Russian Federation approved the
Strategic Action Program for the Protection of the Environment in the Russian
Artic having prioritized the environmental concerns of the region and the main
components and measures for addressing these concerns. Improving the system of
environmental regulation for the Russian Arctic was an important part of the
above measures.
On 23
September 2010, speaking at the International Arctic Forum “Arctic is the
Territory of a Dialogue”, Vladimir Putin, the Russian Prime Minister, stated
that time had come to do the spring cleaning in the Arctic and “in the literal
sense of the word, to clean up those dumps that for decades accumulated around
the polar cities and settlements, mineral deposits, military bases, ports and
aerodromes, in the tundra, on islands, and in the seas of the Arctic Ocean”.
This statement proved the seriousness of the intentions of the country
leadership to address the environmental concerns in the Russian Arctic.
1.2. The main environmental concerns in the
Russian Arctic include:
1.
Pollution of the environment and its individual
components (water bodies, lands, and the atmospheric air) with chemical
(including radioactive) substances, and oil products;
2.
Deterioration of the quality of surface and
underground waters in the coastal areas; availability of numerous sunken and
ownerless vessels;
3.
Land degradation and violation of land management
conditions;
4.
Reduced biodiversity; degradation of natural
ecosystems;
5.
Reduced stock of water biological resources including
as a result of illegal catch;
6.
Deteriorated living standards of people living in the
Russian Arctic and conditions of traditional natural resources uses by
small-in-numbers indigenous peoples of the North;
The
main sources of negative environmental impacts include:
1.
Mining, pulp and pump, and metallurgical industries;
2.
Water facilities and structures, and electricity generation
facilities;
3.
Defense facilities;
4.
Utilities;
5.
Navigation including shipping of hazardous wastes;
6.
Catch of marine water biological resources;
Within
the Russian Arctic, there are over 100 “hot spots”, with 30 of them viewed as
priority concerns. The degraded areas of the tundra account for about 3 percent
of the total land area of the Russian Arctic but near the smelters of Norilsk, Monchegorsk, and
Pechenga topsoil is destroyed within a radius of dozens of miles. Out of the
total 334.7 ha
million of reindeer pastures, transformed pastures account for 63%.
Every
year, the Russian Arctic sees up to 1 billion tons of tailings and solid waste.
Vast sites of tailings and solid waste are concentrated in Murmansk Oblast, in
the lower reaches of the Pechora river, Nenets AO, in the southern areas of
Yamalo-Nenetsky Okrug, in Norilsk Industrial Area, in the northern areas of the
Sakha Republic (Yakutia), and around the gold
mining areas on the Chukotka Peninsular. Every year, rivers dump into the seas
of the Arctic Ocean several hundred thousand
tons of oil products.
These
environmental problems were not only caused by past business and other
activities, but also by regular transfer of pollutants from other regions with
atmospheric flows, river flows and sea currents.
The
intended intensification of business activities and the ongoing climate
changes, which are most pronounced in the Arctic, may exacerbate the above environmental problems of the Russian Arctic, such as:
1.
Increased risks of environmental emergencies due to
potential deformations and destruction of infrastructure facilities;
2.
Increased environmental risks when conducting business
in the coastal areas (erosions, floods, waterlogging, storms);
3.
Alterations in the habitats of wild animals that were
traditionally hunted by small-in-numbers indigenous peoples of the North (sea
animals, reindeer, Arctic fox, fresh water and migratory fish, water fowls,
etc.) and reduction in their numbers;
4.
Degradation of pastures and seasonal movement routes
of reindeer, loss of reindeer husbandry;
5.
Irreversible changes in the fresh water bodies
(shallowing of rivers, loss of spawning grounds, drying up and eutrophication
of lakes) destruction of traditional fisheries of small-in-numbers indigenous
peoples of the North;
In
accordance with the Fundamentals, “the specific features of the Russian Arctic
influencing the formulation of the National Arctic Policy” include:
1.
Extreme natural and climatic conditions including
permanent ice cover or drift ice in the Arctic seas;
2.
Spot nature of the industrial and economic development
of the territories and low density of population;
3.
Extended distances from the main industrial centers,
high resource intensity, and the fact that business and life depended on the
supply of fuel, food stuff and essential commodities from other regions of
Russia;
4.
Low sustainability of ecosystems determining the
biological balance and climate of the Earth and the fact that they depend even
on slight man-induced impacts;
Also
in accordance with the Fundamentals, the “main national interests of Russia in the Arctic”
include:
1.
Using the Russian Arctic as a strategic resource base
of the Russian Federation
to help meet the objectives of the social and economic development of this
country;
2.
Maintaining the Arctic
as an area of peace and cooperation;
3.
Conserving the unique ecosystems of the Arctic;
4.
Using the Northern
Sea Route as a single national transport system of
the Russian Federation in
the Arctic;
The
national interests of Russia
in the Arctic, its natural/climatic and
socioeconomic features dictate the need in a special approach to addressing the
environmental problems in the Russian Arctic including adaptation of the
population and business to the global climate change while addressing the challenges
of protecting the environment without damaging the latter.
Anticipatory
adaptation to the natural and climatic changes in the Russian Arctic may bring
about substantial economic benefits and minimize threats to the ecosystems,
public health, economic development, infrastructure facilities.
The Policy Document “Improving Legislation
Including in the Area of Environmental Protection” in the context of the
national interests and specific nature of the region (Section 10 “a” of the
Fundamentals) is one of the main tools to implement the national policy of the Russian Federation in the Arctic.
This policy document sets forth that the main measure concerning execution of
the national policy to ensure environmental safety in the Russian Arctic is establishment of special regimes in the
use of natural resources and environmental protection in the Russian Arctic
including monitoring of its pollution levels (Section 8 «â»).
Improving
legislation (in the narrow sense of this word) always means adopting a new federal law (or more than one law).
In
order to meet the goals as set forth in the Fundamentals, it is proposed to
adopt the Federal Act “On Special
Regimes in the Natural Resources Management and Environmental Protection in the
Russian Arctic and Amending Some Legislative Acts of the Russian Federation”
(the Law).
On the
one hand, this Proposed Law will be a framework act laying down the basic
goals, principles, areas and measures concerning the execution of the national
policy in the Russian Arctic. On the other hand, it will have the provisions
introducing amendments into the a number of existing federal acts (on
environmental protection, on the continental shelf, on the exclusive economic
zone of the Russian Federation, on fisheries and conservation of water
biological resources, on urban development, on technical regulation, into the
acts of the water, forest, land, tax and other legislation).
Legal
and technical arguments in favor of this Proposed Law include:
· Establishing
uniform conceptual structure and legal definitions of some conceptions (i.e.
the “Arctic Zone of the Russian Federation/Russian Arctic”; “special regimes of
natural resources management and environmental protection”; “ice-covered
areas”; “specially protected natural marine areas”, etc. and using them when
introducing into other federal acts amendments connected with the establishment
of special regimes of natural resources management and environmental
protection;
· Setting forth
through a legislative act the southern boundary of the Russian Arctic;
· Setting forth the
general legal principles as a single legal framework for special legislative
regimes of various types of natural resources management (i.e. subsoil use,
water resources use, etc.) and environmental protection;
Important
arguments for adopting the Proposed Law include:
· Provisions of the
international treaties, where Russia
is a signatory (i.e. UN Convention on the Law of the Sea, 1982) allowing the
adoption of special national measures for the protection of the marine
environment including in the ice-covered areas;
· Provisions of the
federal acts of the Russian Federation
allowing additional environmental measures in the exclusive economic zone and
on the continental shelf of the Russian
Federation;
· Decisions of the
Intergovernmental Arctic Council where the Arctic countries, the Council
members, call for the improvement of national legal and regulatory frameworks
to regulate navigation in the Arctic waters and to make binding specific
provisions of some of the Council documents.
These
reasons will be discussed in more details in the following sections.
1.4. The Overall Goals of the Proposed Law
Include:
· Establishing
special regimes of natural resources management and environmental protection in
the Russian Arctic; these are understood as a set of legislative measures to
prevent and reduce negative impacts of the ongoing, intended, and past economic
activities on vulnerable ecological systems of the Arctic, its flora and fauna;
· Establishing
economic and legislative instruments to ensure clean-up of the environmental
consequences from past economic and other activities in the Russian Arctic;
· Bridging some gaps
in the existing legislation including with regard to setting forth special
legislative measures to protect the environment in the ice-covered areas;
II. What
is Regulated? The Scope of Entities/Persons and Geographical Scope of the
Proposed Law
2.1 What is Regulated by the Proposed Law?
The
Proposed Law aims to regulate the relations in areas such as:
· Protection of the
environment, and its individual components (water bodies, marine environment,
lands, flora and fauna, etc.) from negative impacts caused by business activities
including when establishing and using in the Russian Arctic production and
other facilities, materials, products that pose environmental threats;
· Restoration of the
disturbed environments including as a result of past business and other
activities;
· Establishment and
determination of the legal regime of the areas/water areas with a special
environmental status;
Relations
in the area of natural resources management and environmental protection in the
Russian Arctic will be regulated not only by the Proposed Law, but also by the
existing federal acts and other regulations of the Russian
Federation, laws and other regulations of the constituent
subjects of the Russian
Federation.
The
use and conservation of resources on the continental shelf of the Russian
Federation, exclusive economic zone of the Russian Federation, internal marine
waters and territorial sea of the Russian Federation located within the
boundaries of the Russian Arctic will be regulated in accordance with the
Constitution of the Russian Federation, generally accepted principles and norms
of international law, international treaties of the Russian Federation, and the
legislation of the Russian Federation on the continental shelf of the Russian
Federation, on the exclusive economic zone of the Russian Federation, on the
internal marine waters, and territorial sea of the Russian Federation with due regard to the provisions of the
Proposed Law.
The
use and conservation of lands, water bodies, forests, subsoil, fauna, and water
biological resources within the Russian Arctic will be regulated accordingly by
the land, water, and forest legislation of the Russian Federation, legislation
of the Russian Federation o subsoil, on wildlife, on water biological resources
with due regard to the provisions of the
Proposed Law.
Establishment,
protection, and use of specially protected natural areas including the areas of
traditional use of natural resources of small-in-numbers indigenous peoples of
the North must be regulated correspondingly by the legislation of the Russian
Federation on specially protected natural areas and areas of traditional use of
natural resources of small-in-numbers indigenous peoples of the North with due regard to the provisions of the
Proposed Law.
Under
this Proposed Law, legal regulation will be based on the following legal principles:
· Adherence to the
generally accepted principles and norms of international law in the course of
the Russian Federation exercising its sovereign rights and jurisdiction in the
Russian Arctic;
· Recognition of the
global importance of the activities aimed at conserving and restoring the
Arctic environment;
· Consideration of
the short-term and longer-term environmental, climatic, economic, demographic
and other consequences in the carrying out of business and other activities in
the Russian Arctic;
· Priority focus to
be given to the conservation and restoration of natural ecosystems in the Arctic;
· Differentiated
approach to the regulation of natural resources management and environmental protection
in the Russian Arctic w the legal (including internationally related legal
status) status of its individual territories;
· Non-discrimination
nature of the Proposed Law-specified special regimes of natural resources
management and environmental protection governing equally the domestic and
foreign legal entities and individuals, as well as other entities conducting
their business within the Russian Arctic;
· Public private
partnership (PPP) and governmental support to investment activities so as to
provide incentives for the cleanup of the past damage caused by business and
other activities in the Russian Arctic;
· Application of
best available technologies when conducting business within the Russian Arctic;
· Preservation of
the traditional life style and natural resources uses of the small-in-numbers
indigenous peoples of the North inhabiting the Russian Arctic;
· International
cooperation when conducting business and other activities in the Russian Arctic
including the area of environmental information exchange, application of best
available technologies, responding to the emergencies in the Russian Arctic.
2.2. This Proposed Law shall apply to the
following entities and individuals
This Proposed Law will apply to the federal
and regional authorities of the Russian Federation and local self-governments;
(ii) Russian and foreign legal entities and individuals; (iii) international
organizations; and (iv) other entities in the Russian Arctic that carry out
activities associated with environmental impacts.
This
Proposed Law will set forth the mandates of the federal and regional
authorities of the Russian
Federation and local self-governments to be
exercised for the purpose of this Proposed Law.
This
Proposed Law will also set forth new rights and obligations for Russian and
foreign legal entities and individuals and other entities in the Russian Arctic
that carry out activities associated with environmental impacts.
2.3. The Geographic Scope of
the Proposed Law
The
geographic scope of the draft law is the Russian Arctic.
As a
regulated entity, the Russian Arctic has currently no single legally defined boundaries. Given the existing approaches
to the determination of its geographical boundaries it, conditionally, covers:
· Part of the
territory of the Russian
Federation including its territorial waters
and territories (in whole or in part) of several constituent subjects of the
Russian Federation;
· Areas beyond the
boundaries of the Russian Federation
(the exclusive economic zone and continental shelf of the Russian Federation), with regard to which the Russian Federation
exercises some sovereign rights and jurisdiction in accordance with the norms
of international law;
In
accordance with the Fundamentals of the National Arctic Policy of the Russian Federation
towards 2020 and Beyond, the Russian Arctic includes:
·
In whole or in part, the territories of the Republic
of Sakha (Yakutia), Murmansk Oblast, Arkhangelsk Oblast, Krasnoyarsk Oblast,
Nenets, Yamalo-Nenets and Chukotka Autonomous Okrugs, as determined by the
decisions of the State Arctic Commission with the USSR Council of Ministers on
April 22, 1989;
·
Lands and islands listed in the Resolution of the
Presidium of the USSR Central Executive Committee on April 15, 1926 "On
Declaring Lands and Islands in the Arctic Ocean between 32°04¢35² of east longitude
(and in the range of 74° north latitude to 81° north latitude
between meridian 35° of east longitude, taking
into account the Soviet Union accession to the Treaty of Svalbard in 1935) and
168°49¢30² western longitude as the
Territory of the Soviet Union”;
·
The lands and islands of the Russian Federation,
internal waters, territorial sea, exclusive economic zone and continental
shelf, within which the Russian Federation has sovereign rights and jurisdiction
in accordance with the UN Convention on the Law of the Sea, 1982, which are
adjacent to the said territories;
In accordance with the
decision of the State Arctic Commission of April 22, 1989, the Russian Arctic
includes the following territories:
· Lovozersky,
Pechengsky and Kolsky Rayons of Murmansk Oblast, Nenets, Yamalo-Nenets and
Chukotka Autonomous Okrugs (in whole), Taymarksy (Dolgano-Nenets) Rayon of
Krasnoyarsk Krai; Allaihovsky, Anabarsky, Bulunsky, Nizhnekolymsky and
Ust-Jansky Rayons (Uluses) of the Republic of Sakha (Yakutia).
Given
the geography of the Russian Arctic, its outer (eastern western, and northern)
boundaries shall be determined in accordance with the norms of international
law and updated as soon as they are defined in accordance with the
internationally accepted practice.
The southern boundary of the Russian Arctic passes along the
southern boundaries of the above territories of the Russian Federation. It could be
updated and legally set forth through the corresponding regulation on the basis
of the earlier decisions and by making use of a number of criteria such as:
hydrographic, geomorphological, natural and landscape, ecosystem criteria, and
taking into account the natural boundaries of natural sites. Care should also
be taken to make sure that the southern boundary of the Russian Arctic
coincides with the existing administrative borders of the Russian Federation. In accordance
with the Arctic Atlas, published in Moscow in
1986 by the Main Department for Geodetics and Mapping, the Arctic is a northern
polar area of the Planet including the Arctic Ocean and the surrounding
outskirts of the Eurasia and Northern America
continents. It includes the territories located within the +10îÑ mean annual
isotherm of July, where there are mantle glaciers or tundra with no forest
cover under the conditions of permafrost. It also includes water areas where
one-year ice fails to thaw out in the spring-summer period turning into
multi-year ice. The decision of the State Arctic Commission of April 22, 1989
was made on the basis of this definition, in accordance with the principle of
maintaining the integrity of the Russian administrative borders, and by pegging
the economic activities to the operation of the Northern Sea Route.
It is
not advisable to use the Northern Polar Circle as a criterion for the
definition of the southern boundary of the Russian Arctic since such a
criterion fails to take into account the administrative division of the Russian Federation.
Using for this purpose only the permafrost boundaries is not acceptable either
because it will push to a considerable extent the boundaries of the Russian
Arctic further south in the Siberian and Far Eastern areas of the Russian
Federation. In this case, the Russian Arctic would include flatlands with
forest-tundra and taiga landscapes, as well as mountain areas with a pronounced
vertical belt nature of climatic and landscape zones that do not fall under
arctic conditions or watersheds that are part of the Pacific
Ocean basin).
In
addition to the distinctive features of the Arctic, as specified in the Arctic
Atlas, it is proposed to consider the following differentiation criteria that
recognize the main geographical characteristics and other structural,
substantive and functional features that could only be found in the Arctic. These include:
·
All the marine water bodies including the White Sea,
Gulf of Ob, which are components of the Arctic Ocean and participate in an
intensive energy and water mass exchanges with the latter;
·
The shallow shelf and coastal areas form an integrated
morphodynamic system (river valleys extended on the underwater slope, coastal
dynamics, waterlogging and disturbance of permafrost on the flat coastal areas,
etc.);
·
The geology of the coastal plains and continental
shelf have structures and minerals of one origin (extension of the onshore oil
and gas structures and deposits in the subsoil of the continental shelf);
· From the
catchments, liquid and solid runoff enters the Arctic seas, including
pollutants.
III. Review of Current Regulation in the Area of
Natural Resources Management and Environmental Protection in the Russian Arctic
3.1 Currently, natural resources
management and environmental protection in the Russian Arctic is regulated by
the provisions of about 40 federal acts,
including:
·
Federal Act of 10 January 2002 N 7-FZ "On
Environmental Protection";
·
Federal Act of 30 November 1995 N 187-FZ "On the
Continental Shelf of the Russian
Federation";
·
Federal Act of 17 December 1998 N 191-FZ "On the
Exclusive Economic Zone of the Russian
Federation";
·
Federal Act of 31.07.1998 N 155-FZ "On the
Internal Marine Waters, Territorial Sea and Contiguous Zone of the Russian Federation";
·
Federal Act of 4 May 1999 N 96-FZ "On Protection
of Atmospheric Air";
·
Federal Act of 14 March 1995 N 33-FZ "On
Specially Protected Natural Areas";
·
Federal Act of 23 November 1995 N174-FZ "On
Environmental Expert Review";
·
Federal Act of 7 May 2001 N 49-FZ "On the Areas
of Traditional Natural Resources Use of Small-in-Numbers Indigenous Peoples of
the North, Siberia and the Far East of the Russian Federation";
·
Federal Act of 24 June 1998 N 89-FZ "On
Production and Consumption Waste";
·
Federal Act of 9 January 1996 N 3-FZ "On
Radiation Safety of Population";
·
Federal Act of 21 July 1997 N 116-FZ "On
Industrial Safety of Hazardous Production Facilities;
·
Federal Act of 21 July 1997 N 117-FZ "On Safety
of Hydraulic Structures"
·
Federal Act of 21 December 1994 "On Protection of
Population and Territories from Natural and Man-Induced Emergencies";
·
Federal Act of 30 March 1999 N 52-FZ "On the
Sanitary-Epidemiological Welfare of Population";
·
Federal Act of 10 July 2001 N 92-FZ "On Special
Environmental Programs, Restoration of Radiation-Contaminated Land
Areas";
·
Federal Act of 21 November 1995 N 170-FZ "On the
Use of Nuclear Energy";
·
Federal Act of 16 July 1998 N 101-FZ "On
Regulation to Ensure the Fertility of Agricultural Lands;
·
Federal Act of 27 December 2002 N 184-FZ "On
Technical Regulation";
·
Federal Act of 30 December 2009 N 384-FZ
"Technical Procedures for Safety of Buildings and Structures";
·
Federal Act of 24 April 1995 N 52-FZ "On
Fauna";
·
Federal Act of 20 December 2004 N 166-FZ "On
Fishery and Conservation of Marine Biological Resources;
·
RF Law of 21 February 1992 N 2395-1 "On
Subsoil";
·
Water Code of the Russian Federation of 3 June 2006 N
74-FL;
·
Land Code of 25 October 2001 N 136-FL;
·
Forest Code of the Russian Federation of 4 December
2006 N 200-FZ;
·
Federal Act of 24 July 2009 N 209-FZ "On Hunting
and the Protection of Hunting Resources, and on Introducing Amendments into
Some Legislative Acts of the Russian
Federation";
·
Urban Development Code of the Russian Federation of 29 December
2004 N 190-FL;
·
Code of Administrative Offences of RF, of 30 December
2001 N 195-FZ, etc.;
In furtherance of the
provisions of these federal acts numerous regulations were adopted, including
resolutions of the Government of the Russian Federation and other
federal executive bodies. For example, the RF Government Resolutions of January
19, 2000 N 44 "On Approval of the Establishment, Operation and Use of
Artificial Islands, Installations and Facilities in the Internal Marine Waters
and Territorial Sea of the Russian Federation"; of January 26, 2000, N 68
"On Approval of Procedures for Laying Submarine Cables and Pipelines in
the Internal Marine Waters and Territorial Sea of the Russian Federation",
etc.
The
most important regulations of other federal executive authorities may, in
particular, include the Order of the State Ecological Committee of Russia of
May 16, 2000 N 372 "On Approval of the Environmental Impact Assessment of
the Proposed Economic and Other Activities in the Russian Federation"
(Registered with the Russia’s Ministry of Justice on 04.07.2000 N 2302);
Resolution of Rostekhnadzor of Russia of June 5, 2003 N 58 "On Approval of
Safety Regulations for the Exploration and Development of Oil and Gas Deposits
on the Continental Shelf" (registered with the Russia’s Ministry of
Justice of 20.06.2003 N 4783) and many others.
Despite
a great number of various regulations, the status of the existing federal
legislation governing natural resources management and environmental protection
in the Russian Arctic does not meet
the objectives of addressing the environmental concerns in the Russian Arctic,
as set forth in the Fundamentals of the National Arctic Policy of the Russian Federation
towards 2020 and beyond.
Intensive
business and defense-related activities in the Russian Arctic impaired serious
damage to the environment in those areas where the above activities used to be
carried out having resulted in the ecosystem degradation and public health
consequences. Further intensification of activities associated with the
exploitation of natural resources in the Russian Arctic including on the
continental shelf will generate new threats to the environment, which may take
on the regional (circumpolar) and even global scope in case of failure to
undertake the proper measures. Since the Arctic ecosystems are highly
vulnerable (with the disturbed Arctic ecosystems offering extremely low
restoration capacity), the specific conditions of conducting business in the
Arctic require specific approaches to addressing the environmental concerns in
the Russian Arctic in the context of economic expansion and global climate
changes.
The
analysis of the applicable legislation allows the unequivocal conclusion that
the respective norms governing natural resources management and environmental
protection in the Russian Arctic has practically no legislative provisions that
recognize the natural, climatic, and
other geographic conditions of the Russian Arctic that are unique only to this
region of Russia including:
· Vast ice-covered
areas;
· Highly vulnerable
natural ecosystems of the Arctic and the fact
that it will take a long time to restore them;
· Many areas of the Arctic are remote in nature and hard to get to;
· Seasonality of
work and that they had to be carried in the context of permafrost;
· The forecasted
climate changes that may lead to thawing of permafrost masses and the resulting
increase in the amount of technological disasters with serious environmental
consequences, etc.
The
subject legislation of the Russian Federation
demonstrates a number of absolute and
relative gaps including in the regulation of natural resources management
and environmental protection in the Russian Arctic.
An
absolute gap in the law is understood as absence of legislative provisions
governing the respective public relations. A relative gap is generally
understood as the availability of blanket or reference legal provisions and the
absence of legal provisions of other legislative acts required for their
implementation and detailing.
3.2.1 The absence in the
applicable legislation of the Russian
Federation of legal mechanisms of
cleaning-up of the so called
“accumulated (or past) environmental damage” (i.e. of damage or negative
environmental consequences from the past business or other activities) should
be viewed as an absolute gap. Cleaning-up
past environmental damage is one of the priorities in the protection of the
environment in the Russian Arctic.
The
current Russian legislation does not differentiate the conception of “damage”
against the period of time when it was caused. There is neither any legal definition of such a category of
damage as “accumulated environmental damage” or “past environmental
damage”. From time to time, these or similar definitions are used in laws or
other regulations, for instance in the Federal Act of 24.07.2008 N 198-FZ “On
the 2008 Federal Budget and the Planning Period of 2009 and 2010” included the item for
the implementation of the IBRD-supported Project “Cleanup of Past Environmental
Damage in the Russian Federation”. This Project also included components aimed
at the development of regulatory, institutional, innovation, and investment
mechanisms for addressing the past environmental damage challenge in the Russian Federation.
In
order to create the corresponding legal mechanism, it is necessary to (i)
develop the legal definition of such damage; (ii) divide the obligations of
public entities (such as the Russian Federation, constituent subjects of the
Russian Federation, municipalities), business and other entities with regard to
the cleanup of past environmental damage; and (iii) stipulate the legal
mechanisms to encourage attraction of off-budget sources for financing such
measures.
3.2.2. As an absolute legal gap, one
views the current legislative gap with respect to the determination of the
concept of and procedures for the
establishment of specially protected natural marine areas, in particular,
marine sanctuaries, in order to ensure the implementation of measures for the
conservation of habitats (feeding and spawning grounds, rookeries, etc.) of
specific animal species and water biological resources by introducing the
corresponding limitations on the carrying out of business and other activities
within such areas/water areas.
3.2.3. Another absolute gap is the
gap with respect to the introduction of mandatory
insurance or other sources of financing
civil liability for environmental damage (environmental risks) from
the exploration and development of mineral resources on the continental shelf.
These activities are associated with high environmental risks, in particular,
in the Arctic context, and proper financial
provisions are required to finance the cleanup of the consequences of
environmental emergencies.
The
Federal Act “On the Continental Shelf of the Russian Federation” (Article 8)
stipulates insurance as one of the conditions for the subsoil license for the
purpose of exploration of the continental shelf and development of its mineral
resources. But it failed to specify risks to be covered by insurance and the
nature of such insurance (mandatory or voluntary). The provisions of Article 8
of this act are blanket provisions with a reference to the subsoil legislation
of the Russian Federation,
which does not stipulate insurance of such risks.
According
to the Act of the Russian Federation of 27.11.1992, No. 4015-1 "On the
Organization of Insurance Sector in the Russian Federation" (as amended in
the Federal Act of 27.07.2010 N 226-FZ), the conditions and procedure of
compulsory insurance are defined by federal acts on specific types of
compulsory insurance. In this case, a federal law must contain the following
provisions: a) insurers b) entities to be insured, c) a list of insurance
events, d) the minimum sum insured or the procedure for determining it, e) the
size, structure or procedure for determining the premium rate; e) the timeframe
and manner of payment of insurance premiums (insurance payments); g) the term
of the insurance contract, h) the procedure for determining the size of
insurance payments; i) monitoring the implementation of insurance; and k) the consequences
of default or improper performance of the obligations of insurance agents
(Article 3, Section 4). Only under these conditions, compulsory insurance can
be viewed as established.
The
Code of Merchant Shipping of the Russian Federation (Art. 323, 324)
provides for compulsory insurance of environmental risks in the carriage by sea
of hazardous goods. However, the Code does not apply to relations arising from
the exploration and development of mineral resources of the continental shelf.
Neither are applicable to these relations the norms on obligatory insurance of
environmental risks of the Federal Act of 21.07.1997 No. 116-FZ "On
Industrial Safety of Hazardous Production Facilities", since this act is
only applicable to the territory of the Russian Federation.
The
Federal Act of 27.07.2010 No. 225-FZ "On Mandatory Insurance of Civil
Liability of Owners of Hazardous Facilities for Damage from an Emergency at the
Hazardous Facility" does not provide an appropriate legal framework
either, since it does not apply to insurance events beyond the territory of the
Russian Federation
and in the event of environmental damages (Art. 1).
3.2.4.
An example of a relative gap includes the following provisions of Article 32
"Protection and Conservation of Ice-Covered Areas," the Federal Act
of 17 December 1998 N 191-FZ "On the Exclusive Economic Zone of the
Russian Federation:
“With
respect to the areas located within the exclusive economic zone, where
particularly severe climatic conditions and the presence of ice covering such
areas for most of the year creates obstructions or exceptional hazards to
navigation, and pollution of the marine environment could cause major harm to
or irreversible disturbance of the ecological balance, the Russian Federation -
for the prevention, reduction and control of marine pollution from vessels –
shall have the right to adopt and enforce federal acts and other regulations.
Such federal acts and other regulations must have due regard to navigation and
the protection and preservation of the marine environment and natural resources
of the exclusive economic zone of the Russian Federation based on the
best available scientific evidence. The boundaries of such areas are published
in the Notice to Mariners.
The
above legislative norm mostly repeat the provisions of Article 234 of the UN
Convention on the Law of the Sea, 1982 (ratified by the Federal Act of 26
February 1997, N 30-FZ) according to which “…Coastal States have the right to
adopt and enforce non-discriminatory laws and regulations for the prevention,
reduction and control of marine pollution from vessels in ice-covered areas
within the limits of the exclusive economic zone, where particularly severe
climatic conditions and the presence of ice covering such areas for most of the
year create obstructions or exceptional hazards to navigation, and pollution of
the marine environment could cause major harm to or irreversible disturbance of
the ecological balance. Such laws and regulations shall have due regard to
navigation and the protection and preservation of the marine environment based
on the best available scientific evidence”.
But
specific legislative measures for the protection of the environment in the
ice-covered areas of the exclusive economic zone of the Russian Federation were never
adopted. Neither were further detailed the provisions of Article 33 “Protection
and Preservation of Special Areas” of the Federal Act “On the Exclusive
Economic Zone of the Russian
Federation”.
3.2.5 The Russian Federation failed
to translate into action an opportunity to recognize the special conditions of
the Russian Arctic as specified in the provisions of the UN Convention on the
Law of the Sea and to provide for all the required measures in order to prevent contamination of
the marine environment (in particular Articles 194, 201, 207, 208, 210, 211,
221, 234 and other articles of the Convention). For instance, under Article 208
of the Convention “Coastal States shall adopt laws and regulations to prevent,
reduce and control pollution of the marine environment arising from or in
connection with seabed activities with due regard to their jurisdiction and
from artificial islands, installations and structures under their jurisdiction,
pursuant to articles 60 and 80.” These articles of the Convention
recognize the exclusive jurisdiction of a coastal state over artificial
islands, installations and structures located within its exclusive economic
zone (Article 60) and within its continental shelf (Article 80).
The
provisions of the Convention stipulate additional measures including with
respect to the prevention of pollution from vessels, pollution from waste
dumping, and prevention of the marine environment from the atmospheric air.
Article 207 of the Convention sets forth that states shall adopt laws and
regulations to prevent, reduce and control pollution of the marine environment
from land-based sources, including rivers, estuaries, pipelines and outfall
structures, taking into account internationally agreed rules, standards and
recommended practices and procedures. However, the national legislation failed
to further develop this article, which has particular importance to the Russian
Arctic.
Article
221 of the Convention gives a coastal state the right to take and enforce -
pursuant to international law, both customary and conventional - measures
beyond the territorial sea proportionate to the actual or threatened damage to
protect their coastline or related interests, including fishing, from pollution
or threat of pollution following upon a maritime casualty or acts relating to
such a casualty, which may reasonably be expected to result in major harmful
consequences. The use of this article is very much relevant taking into
consideration the increased scope and scale of oil and oil products maritime
carriage in the western part of the Russian Arctic (the Barents Sea and Pechora Sea).
Therefore,
international law allows the legislation of the Russian Federation a considerable
expansion of the legislative measures in the area of environmental protection
when carrying out activities connected to navigation, exploration and
development of mineral resources on the continental shelf, water biological
resources, dumping of waste and other materials.
3.2.6. Substantial additions are
also required to the legal mechanism of
compensation for damages to the environment or specific components of the
Russian Arctic environment. This, primarily, includes damages caused by the
ongoing business or other operations on the continental shelf and within the
exclusive economic zone of the Russian
Federation. General rules for the
compensation of damage to the environment (in accordance with taxes,
methodologies, or based on the actual expenses) are set forth in the Federal
Act “On Environmental Protection” (Article 77, 78).
The
federal acts “On Exclusive Economic Zone of the Russian
Federation” and “On the Continental Shelf of the Russian Federation” (Article 46) have no special
rules for the compensation of such damage and make reference to the legislation
of the Russian Federation.
However, the legislation of the Russian
Federation could only be applied where it contains
stipulations concerning its application in the exclusive economic zone of the Russian Federation
and on the continental shelf. For instance, not applicable to the exclusive
economic zone the “Methodology for Calculating Damage Caused to Water Bodies
due to Violations of the Water Legislation” as approved by the Order of the
Ministry of Natural Resources of Russian of 13.04.2009 N 87. It was adopted in
accordance with the Water Code of the Russian Federation. The scope of
the Water Code is limited to the territorial waters and does not cover the
exclusive economic zone of the Russian
Federation.
Given
the specific nature of the environmental concerns in the Russian Arctic, care
should be taken to develop a number of methodologies for determining damage
caused in the Russian Arctic in typical situations, such as:
· Oil, oil products
and other pollutants spills in the ice-covered areas;
· Contamination of
coastal areas from oil spills from vessels and oil-production platforms;
· Unauthorized
disposal of waste in the ice-covered areas;
· Destruction or
disturbance of topsoil and vegetation layers in the tundra by moving vehicles
and machines, construction, earth-moving, geological surveys, and other works;
· Disturbance of
agricultural lands such as reindeer pastures, etc.
Here,
it should be noted that such methodologies shall only be approved by the
designated authority where the law directly stipulates that such methodologies
should be adopted.
3.2.7. The existing legislation fails to set forth the organizational and narrative particulars of
environmental monitoring in the Russian
Arctic that is based on uniform methodological approaches to ensure prompt,
objective and complete information about (i) the types, sources and intensity
of negative environmental impacts in the Russian Arctic; (ii) the state of its
natural complexes and ecosystems in order to make political, economic and other
decisions at any management levels. It will also be necessary to implement the
system of on-line environmental monitoring.
3.2.8. Radical improvements are needed to the system
of standard setting for environmental impacts and the quality of the
environment with due regard to the particular natural and climatic conditions
of the Russian Arctic and the existing levels of the environmental pollution in
some areas of the Russian Arctic.
It is
necessary to eliminate (possibly gradually) the current permissible practice of
long-term excessive environmental impacts whereby the polluter does not bear
any serious legal consequences. Primarily, this concerns the so called
“temporarily agreed” limit values of emissions and discharges that would be set
forth on the basis of the actual emissions and discharges of the polluter.
Potential
ways for the improvement of the system of environmental standard setting are to
set limited values of permissible impacts based on the application of best
available technologies, as well as to set forth targets for the reduction of
negative impacts to be attained by a specific deadline. In particular, such
targets may include the “zero discharge” requirement.
3.2.9. In the existing federal
legislation (tax laws, budget legislation, laws on investment activities,
etc.), there is practically no reflection of the blanket provisions contained
in Articles 14, 17 of the Federal Act “On Environmental Protection” with their
legislative provisions for economic incentives, in particular (i) “….enjoying tax and other incentives when
implementing the best available technologies, renewable energy sources,
utilizing recyclables and processing wastes, and carrying out other effective
environmental activities” (Article 14); (ii) “governmental support to businesses the goal of which is to protect the
environment…. by providing tax and other incentives in accordance with the
legislation” (Article 17).
The
above and other legal mechanisms of economic incentives are primarily needed to
tap off-budget sources in order to finance measures for the cleanup of past
environmental damage caused by past business and other activities in the
Russian Arctic.
3.2.10. The legislation on technical
regulation, in particular, the Federal Act “Technical Procedures for Safety of
Buildings and Structures”, while having provided definitions such as “natural
hazards”, “complex natural conditions” and while having set general provisions
for engineering protection of buildings and structures to be constructed under
such conditions, fails to set forth any special requirements and measures of
engineering protection under the Arctic conditions, in particular, under the
conditions of possible thawing of permafrost soils.
3.2.11. The Urban Development Code
of the Russian Federation
does not reflect the specific nature of urban development, in particular, of
territorial planning as applicable to the Russian Arctic that is located within
the boundaries of the Russian
Federation. Due to the forecasted climate
changes and associated development of natural hazards in the Russian Arctic,
the Urban Development Code of the RF (Article 9-27) must set forth the
corresponding specific provisions for
the content, preparation, coordination, and approval of the schemes of
territorial planning of the Russian Federation, schemes of territorial planning of the constituent subjects of the
Russian Federation, schemes of
territorial planning of the municipalities, as well as the general layouts
of settlements and urban districts located in whole or in part in said part of
the Russian Arctic.
It is
deemed practical to introduce mandatory state environmental expert review or
procedure of mandatory strategic environmental expert review of the above
territorial planning documents as applicable to the Russian Arctic.
3.2.12. Neither there are any
important regulations, i.e. rules setting forth environmental and other
requirements when establishing, operating, and removing from operation
artificial islands, installations, and structures on the continental shelf of
the Russian Federation,
including in the ice-covered areas, etc.
3.3. The above and other gaps in
the regulation of natural resources management and environmental protection in
the Russian Arctic could be bridged under the proposed federal law “On Special Regimes in the Natural Resources
Management and Environmental Protection in the Russian Arctic and Amending Some
Legislative Acts of the Russian Federation”, including by introducing the
corresponding amendments and additions to the existing acts of the federal legislation.
Therefore,
the Proposed Law will (i) introduce additional (compared to the existing
legislation) environmental requirements for
the carrying out of business in the Russian Arctic with due regard to
particular vulnerability of the unique ecosystems in the Russian Arctic,
specific nature of such business in the ice-covered areas, forecasted climate
changes; and (ii) provide governmental
support to measures for the cleanup of past business and other
activities.
IV. Practice of Environmental Regulation in the
Arctic States as Applicable to the Russian Arctic
4.1. Review of the existing
legislation of the foreign Arctic (USA,
Canada, Norway, Denmark)
and some North European states governing natural resources management and
environmental protection in the corresponding sectors of the Arctic
allows the following conclusions:
4.1.1. It comprises both
regulations applicable not only to the Arctic
and specific provisions laws and other
regulations scoping only the Arctic areas. Examples of the latter ones include
the Canadian Arctic Waters Pollution Prevention Act (AWPPA), Oceans Act Marine
Protected Areas in the Arctic Seas (1997), Norway Law about Environmental
Protection on Spitsbergen (2002), etc.
4.1.2. The subject legislation of foreign states focuses
on measures to prevent pollution of the marine environment and coasts of the
Arctic seas, as well as to protect terrestrial Arctic ecosystems. Such laws and
regulations include, among others, the
Canadian Arctic Waters Pollution Prevention Act (AWPPA), the USA Clean Air Act,
the Canada National Marine Conservation Areas Act, the Federal Water Pollution
Control Act (USA), the Marine Mammal Protection Act (USA), Nature Protection
Act (Island), the Toxic Substances Control Act (USA), etc.
4.1.3. Both general and specialized
(i.e. applicable to the Arctic areas) foreign legislation is characterized by a
higher level (compared to the Russian legislation) of detalization with regard
to the environmental and legal requirements, directly applicable norms, and
tougher legal sanctions for noncompliance with the requirements.
At the
same time, there is common practice of the so called “framework laws” defining
the basic goals, principles, and measures regulating natural resources
management and environmental protection including in the Arctic areas. In the USA, “framework laws” are implemented by
adopting and implementing permanent governmental programs, i.e. USA
plant conservation program.
4.1.4. Some countries regulate the subject relations
including those applicable to the Arctic areas by implementing the principles
of an ecosystem approach. Of particular importance to the protection of the
Arctic environment, the principles of the ecosystem approach are still under
formulation in both USA
and other foreign countries. These principles are not yet properly reflected in
the Russian legislation.
4.1.5. The federal states delegate
certain competencies for the regulation of the subject relations to the
corresponding constituent entities of the federation located within the Arctic
areas or the areas near the Artic zone.
For
instance, the Arctic state of Alaska adopted a
number of regional laws on the basis of the USA federal acts including the
Alaska National Interest Lands Conservation Act defining the procedures for the
establishment of specially protected natural areas and protection of flora and
fauna in the region.
In Canada,
the competencies of the provisional authorities include matters associated with
the use of various natural resources, establishment of environmental
requirements to business of the industrial and agricultural enterprises,
taxation and charges for the use of natural resources. Within the Arctic areas,
the provinces implement a number of environmental projects. The largest project
is the Fraser Basin Management Program (FBMP). The competencies of
municipalities include land use planning, distribution of water resources,
collection and processing of waste.
4.1.6. In recent decades, one of the main trends in the
development of foreign legislation in the above countries has been transition
from the policy of environmental pollution control to the policy of pollution
prevention by introducing best available technologies into all the spheres of
economic activities and by involving businesses and other actors in this
process.
4.1.7. Provided for in foreign legislation, some effective
legal and institutional environmental measures are not reflected in the Russian
legislation and could be introduced into the legislative body by adapting them to
the Russian legal system. Such measures include both strictly administrative
regulatory measures and economic/legal measures aimed at encouraging
environmental activities.
The
following examples of regulation could be of interest in the context of potential
introduction into the Russian system.
The
Canadian Arctic Waters Pollution Prevention Act (AWPPA, 1985), National Marine
Conservation Areas Act (CNMCAA, 2002) bans the discharge of any waste in water
areas. They also determine framework conditions for the adoption of regional
legislation, rules and regimes for the protection of marine ecosystems from any
negative impacts.
The
Canada’s Oceans Act (1996) and Marine Protected Areas Act in the Arctic Seas,
the Norway Petroleum Act and Nature Protection Act set forth the procedures for
the establishment of specially protected areas in the Arctic seas based on the
ecosystem approach to their management.
The
USA Superfund Act set forth measures aimed at involving both the polluters and
parties concerned in the cleanup of the areas that had been exposed to chemical
and radioactive pollution.
The
USA Endangered Species Act and the Marine Mammal Protection Act ban the
development of oil and gas deposits along the migration routes of the
corresponding species.
The
USA Outer Continental Shelf Lands Act provides for measures to ensure the
proper balance between the potential damage to the environment and economic
benefits from the development of oil and gas resources.
The
USA Oil Pollution Act (1990) set forth liability for oil pollution,
compensation for damage from pollution, requirements to the tanker design, as
well as the procedures for responding to oil pollution events.
Canada’s Fisheries Development Act
(1978) provides for the establishment of special regional supervisory councils
along with their mandate including for fisheries and conservation of water
biological resources in the Arctic.
Norway’s Petroleum Act provides
that all the newly adopted regulations connected to the development of oil and
gas resources in the Arctic should include
provisions for taking into account the opinion of the local communities with
respect to any oil and gas development projects.
4.2. Arctic Council Environmental Activities
4.2.1. In June 1991 in Rovaniemi, ministers
of eight Arctic states signed the Declaration on the Protection of the Arctic
Environmental formulating the Arctic Environment Protection Strategy.
As
stated in the Rovaniemi Declaration, the Strategy objectives are:
· To protect the
Arctic ecosystem including humans;
· To provide for the
protection, enhancement and restoration of environmental quality and the
sustainable utilization of natural resources, including their use by local
populations and indigenous peoples in the Arctic;
· To recognize and,
to the extent possible, seek to accommodate the traditional and cultural needs,
values and practices of the indigenous peoples as determined by of the Arctic
environment;
· To review
regularly the state of the Arctic environment;
· To identify,
reduce, and, as a final goal, eliminate pollution.
Five
groups were established to implement five programs:
Arctic Monitoring and Assessment
Program (AMAP): The primary objective of the AMAP is the measurement
of the levels of anthropogenic pollutants and the assessment of their effects
in relevant component parts of the Arctic environment.
Protection Of The Arctic Marine Environment (PAME): to take
preventive measures directly or through competent international organizations,
consistent in particular with the 1982 United Nations Convention on the Law of
the Sea regarding marine pollution in the Arctic, irrespective of origin
Emergency Prevention, Preparedness and Response (EPPR): preparing
a framework for taking early cooperative action on emergency prevention, preparedness
and response in the Arctic.
Conservation of Arctic Flora and Fauna (CAFF): exchange
of data and information on issues such as shared species and habitats and to
collaborate, as appropriate, for more effective research, sustainable
utilization and conservation;
Sustainable Development and
Utilization: preparing proposals on measures to be adopted by the
governments in order to implement their obligations
with respect to sustainable exploitation and development of the Arctic including sustainable management of renewable
resources by the indigenous peoples;
The 1996 (March) Conference adopted the Inuvik
Declaration on the Protection of the Environment and Sustainable Development in
the Arctic.
The
Declaration listed the following priorities:
· To develop the
Arctic Rules for Prevention of, Preparedness to, and Response to Emergencies;
· To adopt measures
to prevent and ensure liability for oil and gas pollution and to involve
indigenous people in this process;
· To analyze
effectiveness of the current system of the emergency notifications;
· To analyze the
international treaties enforcement practice.
September
1996 saw the adoption of the Declaration
on the Establishment of the Arctic Council. The Council’s activities are
concentrated on the conservation of the Arctic environment and measures to
ensure sustainable development as means to improve the economic, social, and
cultural wellbeing in the North.
In
1998, the Arctic states signed the Iqaluit
Declaration. The Council adopted the Procedural Rules and Determined the
Competence of the Arctic Council with respect to the sustainable development
program. It also approved the status of observers for some countries (Germany, Netherlands,
Poland, Great Britain) and international
organizations (EEC UN, UNEP, etc.).
Guidelines for Transfer of Refined Oil and Oil
Products in Arctic Waters was prepared by the Arctic Council in 2004. This
document is basically a guide, which contains no specific measures. The
Guidelines were prepared for vessels bringing oil and oil products to Arctic
settlements, industrial enterprises and other vessels. Its objective is to help
prevent spills of the transported oil and liquid fuels that could damage the
environment when pumping them in any direction from one vessel to another or
between a vessel and an onshore facility.
Navigation
in the Arctic and prevention of pollution in the operation of vessels are
addressed in the Guidelines for Ships
Operating in Ice-Covered Waters in the Arctic.
This Document defines the boundaries of the Arctic Waters and offers
recommendations as to the design of the vessel hulls, equipment, and
requirements to the crews.
PAME,
a working group of the Arctic Council responsible for the Report on the
Assessment of Shipping on the Arctic Environment, recommended that the Council
should make these Guidelines a binding document. This proposal was adopted at
the 2009 (April) meeting of the Council.
In
2006 (October), the Council members signed the Salekhard Declaration focusing on the need for pollution abatement
in the Arctic and stating their concern in connection with the climate changes
processes in the Arctic.
4.2.2. In 2009, the Arctic Council
published the Arctic Offshore Oil and
Gas Guidelines, 2009. The target
group for the Guidelines is thus primarily the authorities, but the Guidelines
may also be of help to the industry when planning for oil and gas activities
and to the public in understanding environmental concerns. The Guidelines are
intended to define a set of recommended practices and procedures that are to be
followed when implementing oil and projects on the Arctic shelf. It should be
recognized that the eight Arctic nations have different systems with different
emphases on the division of responsibility between the operator and the regulator.
The goal is to assist regulators in developing standards, which are applied and
enforced consistently for all offshore Arctic oil and gas operators.
·
According to
the Guidelines, Arctic offshore oil and gas activities should be based on the
following principles:
·
Principle of
the Precautionary Approach;
·
Polluter
Pays Principle;
·
Continuous
improvement of management and control systems;
·
Application
of best available technologies;
·
Sustainable
Development principle (conservation of biodiversity, risk minimization,
involving the public in making environmentally important decisions, etc.);
The Guidelines provide assessment of the current and
potential impacts of gas and oil activities on nature and population of the Arctic. According to the Guidelines, the Arctic states
must:
1.
Take into
consideration the local specifics and knowledge of local residents/indigenous
population when developing and designing projects;
2.
Encourage
participation of local residents, indigenous peoples and the public at large
when making environmental important decisions;
3.
Urge, and
where required, demand that the oil and gas operators incorporate measures for
the protection of the environment and cultural inheritance in the project
documents, construction of oil and gas facilities and their operation;
4.
Identify
natural areas with a high level of sensitivity to human impact and strictly
control oil and gas activities in such areas;
5.
Identify
biological resources with a high economic value and take into consideration
their vulnerability to human impacts when planning and making project decisions
and solutions.
The guidelines analyze principles and offer
recommendations for basic environmental procedures such as EIA, environmental
monitoring, assessment and management of environmental risks, safe waste
management, environmental support to all the stages of oil and gas projects
including planning, construction, operation, stoppage, abandonment, etc.
Special focus is on measures to prevent and respond to emergency oil spills.
4.2.3.
In
February 2010, in
Tromso (Norway), the environment ministers of Russia, Sweden, Finland and
Norway signed the Declaration, which defined the main areas of activity for
2010-2011 for the five regions of North-West Russia (Komi and Karelia,
Arkhangelsk and Murmansk Oblast, Nenets Autonomous Okrug), which are part of
the Barents Alliance:
·
Climate change (impacts, adaptation and measures to
mitigate negative impacts);
·
Reduction of emissions of environmentally hazardous
substances and improving management of hazardous waste;
·
The cleanup of environmental "hot spots ";
·
Implementation of the Russian-Norwegian Cleaner
Production Program;
·
Water Resources Management (cooperation in the
management of transboundary water bodies, reducing discharges into the water
environment and clean drinking water supply);
·
Biodiversity (conservation of habitats and species,
strengthening the network of protected areas), etc
V. The Place of the Proposed Law in the System
of the Current Legislation
5.1.
In accordance with the Legal Acts Classifier as approved by the Decree of the
President of the Russian Federation of 15 March 2000, No.511, the Federal Act
“On Special Regimes in the Natural Resources Management and Environmental
Protection in the Russian Arctic and Amending Some Legislative Acts of the
Russian Federation” will refer to the legal acts under No.110.000.000 “Natural
Resources and Environmental Protection”.
According to the Constitution
of the Russian Federation,
the exclusive jurisdiction of the Russian
Federation includes the establishment of fundamentals of
the federal policy and federal programs in the area of environmental
development of the Russian
Federation (par. "e" Art. 71),
determination of the status and protection of state borders, territorial
waters, air space, exclusive economic zone and continental shelf of the Russian
Federation (par. "n" Art. 71).
The joint jurisdiction of the
Russian Federation and
subjects of the Russian
Federation applies to ownership, use and
disposal of land, mineral, water and other natural resources, environmental
management, environmental protection and environmental safety; specially
protected natural areas (paras. "c" and "e", section 1,
Art. 72).
5.2. In accordance with the
above mentioned articles of the Constitution of the Russian Federation and the
Federal Act of 31 December 2005 No.199-FZ "On Amendments to Certain
Legislative Acts of the Russian Federation in Connection with the Improvement
of Division of Competencies" (Art. 8, 10, 19 - 21 , 27, 30, 33), the Federal
Act of 6 October 2003 N 131-FZ "On General Principles of Local
Self-Government in the Russian Federation, Federal Act of 6 October 1999 N
184-FZ"On General Principles of Legislative (Representative) and Executive
Authorities of the Subjects of the Russian Federation", this Proposed Law
will delegate some competences in the area of natural resources management,
environmental protection and ecological safety in the Russian Arctic to the
subjects of the Russian Federation and local authorities.
In the drafting of the Law,
consideration will be given to the obligations of the Russian Federation in the
area of natural resources management and environmental protection in the
Russian Arctic arising from
international treaties, in particular the UN Convention on the Law of the
Sea (1982), applicable federal acts, as well as the main provisions of official
documents defining the fundamentals of the national in the Russian Arctic,
including those aimed at addressing their environmental and socio-economic
problems:
- Fundamentals of the National Policy of the Russian Federation in the Arctic towards
2020 and beyond, approved by the President of the Russian Federation on Sept.
18, 2008;
- The Marine Doctrine of the Russian Federation
towards 2020, approved by the President of the Russian Federation, July
27, 2001;
- The Concept of Governmental Support to Economic
and Social Development of the Northern Areas, approved by the Government
of the Russian Federation of 07.03.2000, No. 198;
- The Resolution of the Government of the Russian Federation of 10 August 1998 N 919
"On the World
Ocean Federal
Targeted Program";
- The Environmental Doctrine of the Russian Federation approved by the
Resolution of the Government of the Russian Federation on 31
August 2002 No. 1225-p.
- The Strategic Action Program for Environmental
Protection of the Russian Arctic, approved by the Maritime Board of the
Government of the Russian Federation, 19 June 2009, etc.;
- Documents approved by the Intergovernmental
Arctic Council, in particular, the "Guidelines for Environmentally
Friendly Development of Offshore Oil and Gas Deposits in the Arctic"; "Arctic Oil and Gas
Guidelines."
5.3. Adopting a federal level
law with a limited territorial scope will not be a unique practice in the
domestic legislation. We know a number of federal acts that have introduced a
specialized regime of legislative regulation (including for natural resources
management and environmental protection) for individual regions in the country
with due regard to their ecological importance, natural and climatic features,
and vital national interests. These, for instance, include the Federal Act of
May 1, 1999 No. 94-FZ "On Protection of Lake Baikal”, the Federal Act of
December 1, 2007 No. 310-FZ" On the Organization and Conducting the XXII Olympic
Winter Games and XI Para-Olympic Games in 2014 in Sochi, Development
of Sochi as a Mountain Resort and Amending Some Legislative Acts of the Russian
Federation”, the Law of the Russian Federation of February 19, 1993 No. 4520-1
«On State Guarantees and Compensations for Those Working and living in the Far
North and Other Eligible Areas".
Very similar in orientation
to the proposed law was the USSR Law "On Approval of the Decree of the
Presidium of the Supreme Soviet of the USSR "On Strengthening the
Protection of Nature in the Far North and Marine Areas Adjacent to the Northern
Coast of the USSR of 28 November, 1984 No. 1422-XI.
VI. New Rights and Obligations of Business
Entities in the Area of Environmental Protection
Based
on the gap analysis of the applicable legislation, on the specific nature of
the natural resources management in the Russian Arctic, and the need for
addressing the above environmental concerns, new legislative measures are proposed in the Proposed Law.
These include:
6.1. The environmental protection requirements
concerning exploration and production of mineral resources in the ice-covered
areas of the continental shelf are to:
Prevent
pollution of the environment when conducting exploration, design, construction,
and other works associated with the establishment of ice-resistant stationary
and mobile oil and gas production platforms and terminals in the ice-covered
areas, as well as during their subsequent operation and removal from service;
Prevent
pollution of the ice cover with oil, oil products, other chemical and
biological substances in the course of construction, exploration and extraction
of minerals, as well as during the loading/unloading, transportation and other
operations;
Prevent
discharge of untreated wastewater including mandatory provisions for furnishing
the accommodations of the ice-resistant stationary and mobile oil and gas
production rigs and platforms with wastewater treatment systems;
Remove
any production and consumer wastes generated from the establishment and
operation ice-resistant stationary and mobile oil and gas production platforms
and terminals in the ice-covered areas;
Carry
out mandatory statutory environmental review assessment of the documentation
justifying new types of machinery and technologies to be used in the
ice-covered areas;
Provide
for compulsory insurance or any other proper financial provisions against
environmental risks associated with the exploration, production, and
transportation of oil, liquefied gas, and other hazardous substances and waste;
Carry
out mandatory certification of installations, machines and equipment used for
the exploration and production of mineral resources in the ice-covered areas;
and
Introduce
bans on:
·
accumulation and storage of any production and consumption
waste including drilling sludge on the surface of ice cover when establishing,
operating and removing from operation offshore stationary and mobile drilling
and oil and gas production platforms;
·
flaring of associated gas on the ice-resistant stationary
oil and gas production platforms;
·
discharge of untreated wastewater and waste;
·
explosive works, etc.
6.2. Emergency Prevention and Response
Requirements for Ice-Covered Areas are to:
6.2.1.
Ensure that there are approved oil spill prevention
and response plans, and that there are physical resources to promptly respond
to the threat of oil spills;
6.2.2.
Ensure that there are ongoing communications with the
vessels of the support fleet including with ice-breakers and other arctic
navigation vessels designed for emergency and rescue operations, environment
protection, underwater hydrographic and other works;
6.2.3.
Ensure that the legal entities that are engaged in
exploration and production of oil, as well as transportation of oil and other
hazardous substances and waste maintain agreements with emergency and rescue
services including onshore facilities to render emergency assistance in
responding to emergencies that resulted in pollution of the marine environment
and coastal areas;
6.2.4.
Promptly warn about emergencies including the onshore
emergency response facilities;
6.2.5.
Promptly take measures to cleanup ice cover in case of
its pollution with oil, oil products, other chemical and biological substances
when carrying out the above works;
6.2.6.
Ensure that there is deepwater mobile equipment to
respond to emergencies that may cause environmental damage;
6.2.7.
Determine a set of steps for cleaning up and restoring
coastal areas contaminated as a result of oil spills from vessels and oil
production platforms including the list of such works, work schedule and
persons that are responsible for their organization;
6.3. The environmental protection requirements
in connection with navigation in the ice-covered areas are to:
6.3.1.
Ice breakers and ice-rated Arctic vessels that are
designed to carry oil, liquefied gas, other hazardous substances, materials and
waste shall be designed, built, and operated by incorporating measures to
prevent pollution of the marine environment in case of emergencies. Ban must be
imposed on the transportation of the above cargo in the ice-covered areas by
vessels that do not fall into the ice-rated category. Catamaran tankers of
icebreaking category shall be used to transport oil in the ice-covered
areas.
6.3.2.
Environmental safety measures when operating,
mothballing, and utilizing nuclear-powered vessels, as well as when handling
radioactive waste generated from the operation of nuclear-powered ice-breakers,
other nuclear-powered vessels, submarines, and power plants;
6.3.3.
Navigation
routes for ice-breakers and other ice-rated Arctic vessels shall be determined
with due regard to the fauna conservation requirements (in particular, by
passing the spawning, wintering, reproduction, feeding, and migration grounds
and routes of animals) and in accordance with the provisions of international
agreements, Russian legislation, and recommendations of competent international
organizations;
6.3.4.
The navigation routes of vessels transporting oil
along the coastal line shall be determined with due regard to the need to
mitigate the risks of oil pollution of the coastal areas in case of offshore
accidents.
6.4. Economic and legal instruments to ensure
cleanup of past environmental damage in the Russian Arctic
6.4.1. To ensure economic incentives to
entities engaged in the natural resources management or other business
activities in the Russian Arctic with respect to the implementation of measures
for the cleanup of past environmental damage, the following legislative
instruments might be useful:
6.4.1.1.
Credit for tax or non-tax payments (i.e. pollution
charges) against the documented expenses for the actual cleanup works with
regard to such damage that were carried out in the reporting period in
accordance with the approved design documentation and as accepted in accordance
with the approved procedure;
6.4.1.2.
Inclusion of the condition for the participation in
the implementation of measures associated with the cleanup of such damage when
providing subsoil use licenses for the exploration of minerals including of
mineral resources on the continental shelf, etc.
VII. Socioeconomic, Political, Legal, and Other
Consequences of the Proposed Law
7.1. Political
Consequences of the Proposed Law
Adopting
the Proposed Law will be an important step toward the implementation of the
objectives as set forth in the main policy document of the Arctic component –
the Fundamentals of the National Arctic Policy of the Russian Federation towards 2020 and
Beyond. The Proposed Law will offer another evidence of Russia’s strategic interests in the Arctic, its responsibility and special rights as one of
the Arctic states with regard to the use of natural resources and protection of
the environment in the Arctic region. The leading role of the five coastal
Arctic states in the protection of the unique environment of the Arctic Ocean, prevention of emergencies and negative
consequences of climate change in the region was highlighted in the political
declaration of the ministers of foreign affairs of these countries dated 29 May
2009.
This
Law and the follow-up regulations will bridge the existing gaps in the
applicable legal framework associated with the Russian Arctic regulation.
Adopting
and implementing the Proposed Law will demonstrate to the world community that Russia
really intends to establish and ensure the required conditions for sustainable
development of the Russian Arctic and conservation of the vulnerable Arctic
ecosystems. There is no doubt that all the Arctic states will welcome the
Proposed Law given the importance of the environmental concerns in the Arctic
and the fact that addressing these concerns is viewed by the Arctic community
as a priority objective. The Proposed Law will establish a more favorable
framework for the development of effective business partnership between Russia
and other Arctic states in the area of environmental protection including
prevention of emergency oil spill, and other emergencies. It will contribute to
the consolidation of efforts and funds of the Arctic states to cleanup past
environmental damage and minimize environmental threats in the Arctic region.
With
due regard to the generally accepted principles and norms of international law,
the Proposed Law will set forth the definition “The Russian Arctic (the Arctic
Zone of the Russian Federation)” having included therein the land and marine
areas within the boundaries of the Russian Federation, as well as offshore
areas within the boundaries of the exclusive economic zone and continental
shelf of the Russian Federation. Legal framework will be established to use the
Northern Sea Route
for international shipping under the jurisdiction of the Russian Federation with due regard
to the environmental requirements for shipping.
The
Proposed Law will establish the legal framework for the national environmental
policy in the Arctic, which is of paramount importance taking into
consideration the fact that the Russian Arctic may well become the strategic
resource base of the Russian
Federation.
Developed
on the basis of the international treaties, where Russia is a signatory, for
the prevention of pollution from vessels by the discharge of waste and other
materials, the International Convention on Liability and Compensation for
Damage in Connection with the Carriage of Hazardous and Noxious Substances by
Sea (1996), and other international acts, the Proposed Law will serve as an
effective legal framework for the implementation of the international
obligations of the Russian Federation arising from these international treaties
as applicable to the Arctic region.
The
Proposed Law will contribute to the implementation of Article 234 (Ice-Covered
Areas) and other provisions of the UN Conventions on the Law of the Sea (1982)
with the purpose of control and regulation of maritime activity in the Russian
Arctic.
Complementing
and developing the provisions of the applicable legal and other regulatory
acts, the subject Law will take the domestic regulation of natural resources
management and environmental protection in the Russian Arctic to a much higher
quality level. This will establish a basis for effective business partnership
between Russia
and other Arctic states in the area of environmental protection including with
respect to oil spill management, prevention of other emergencies, and
attraction of substantial investments to finance implementation of
environmental projects in the Russian Arctic.
7.2. Social and Economic Consequences of the
Proposed Law
The
main effect from the adoption and implementation of the Proposed Law will be
reduced negative impacts on the Arctic environment and restoration of the
disturbed areas including through the cleanup of past environmental damage.
This will lead to the improvement of living conditions of people in the Russian
Arctic including small-in-numbers indigenous peoples of the North, reduced morbidity
levels, longer life span and better life quality, reduced migration to other
regions of Russia,
conservation and expansion of the commercial base of water biological
resources.
Reduced
negative impacts in the areas of traditional use of natural resources and
restoration measures will lead to the demographic improvements among the
small-in-numbers indigenous peoples of the North.
Conservation
measures with respect to the Russian Arctic natural ecosystems including the
marine and fresh water ecosystems will increase populations of various types of
water biological resources and terrestrial animals, which are traditional game
resources for the small-in-numbers indigenous peoples of the North.
Availability and development of such game resources, as well as expansion of
commercial catch of water biological resources will serve as a vital
contribution in meeting other socioeconomic challenges in the Russian Arctic.
Measures
aimed at reducing adverse environmental impacts, at cleaning-up past
environmental damage will also serve as a vital contribution to addressing the
problem of conserving reindeer pastures as the main resource for reindeer
husbandry.
There
will be other positive outputs as well including:
· Relative reduction
of expenses for health promotion activities and rehabilitation of local
population including small-in-numbers indigenous peoples of the North;
· Improved
conditions for the development of tourism (marine and land-based) including
ecotourism;
· Prerequisites for
the establishment of new protected areas and restoration of populations of rare
and valuable species of flora and fauna.
7.3. Legal Consequences of the Proposed Law
The
objective of the Proposed Law is to further a number of norms of the
Constitution of the Russian
Federation, including:
- Land and other natural resources are used and
protected in the Russian
Federation as a living base for the
people inhabiting this territory (Article 9);
- Possession, use and disposal of land and other
natural resources shall be freely exercised by the owners, if it inflicts
no harm on the environment and does not violate the rights and legitimate
interests of other persons (Article 36);
- Everyone has the right to favorable environment,
credible information about its status and to compensation for damage to
one’s health or property from noncompliance with environmental
requirements (Article 42);
- Everyone is obliged to preserve nature and the
environment, care about natural resources (Article 58);
- The exclusive jurisdiction of the Russian
Federation includes the establishment of fundamentals of the federal
policy and federal programs in the area national, economic, environmental,
social, cultural and state development of the Russian Federation (Article
71);
- The joint jurisdiction of the Russian Federation
and subjects of the Russian Federation applies to (i) natural resources
management; (ii) environmental protection and environmental safety; (iii)
specially protected natural areas; (iv) legislation on land, water,
forest, on mineral resources, environmental protection, (v) protection of
the traditional habitat and traditional lifestyle of indigenous ethnic
minorities (Article 72).
The
Proposed Law is intended as furtherance of Art. 18 of the Federal
Constitutional Law of 17 December 1997 No. 2-FKZ "On the Government of the
Russian Federation: the Government of the Russian Federation: provides the
uniform national policy in environmental protection and safety; undertakes
steps to ensure the rights of citizens to healthy environment, environmental
well-being; manages the activities related to protection and rational use of
natural resources; regulation of the use of natural resources and development
of the Russian mineral resources base; coordinates activities to prevent
natural calamities, emergencies and disasters, emergency and risk
management"
The
goal of the Proposed Law is to develop further a number of norms of the
Constitution of the Russian
Federation, provisions of Art. 18 of the
Federal Constitutional Law of 17 December 1997 No. 2-FKZ "On the Government
of the Russian Federation, federal acts of July 31, 1998 No. 155-FZ" On
the Internal Maritime Waters, Territorial Sea and Contiguous Zone of the
Russian Federation ", of 17 December, 1998 No. 191-FZ "On the
Exclusive Economic Zone of the Russian Federation", of November 30, 1995,
No. 187-FZ "On the Continental Shelf of the Russian Federation",
dated January 10, 2002 No. 7-FZ "On Environmental Protection ", the
Land Code of the Russian Federation of October 25, 2001 No. 136-FZ ,of the
Water Code of the Russian Federation of June 3, 2006 No. 74-FZ, of the Forest
Code of the Russian Federation of December 4, 2006 No. 200-FZ, etc.
The
Proposed Law will ensure implementation of a number of provisions of the
Federal Act dated 7 May 2001 N 49-FZ “On the Territories of Traditional Natural
Resources Use of Small-In-Numbers Indigenous Peoples of the North, Siberia, and
the Far East of the Russian Federation”, in particular, of Article 2
“Establishment, Conservation, and Use of the Territories of Traditional Natural
Resources Use shall be Regulated by this Federal Act, Other Federal Acts, and
other Regulations of the Russian Federation, as well as by Laws and Regulations
of the Constituent Subjects of the Russian Federation”
Adopting
the Proposed Law will require amendments in some existing federal acts,
including:
·
Federal Act of 10 January 2002 N 7-FZ "On
Environmental Protection";
·
Federal Act of 30 November 1995 N 187-FZ "On the
Continental Shelf of the Russian
Federation";
·
Federal Act of 17 December 1998 N 191-FZ "On the
Exclusive Economic Zone of the Russian
Federation";
·
Federal Act of 31.07.1998 N 155-FZ "On the
Internal Marine Waters, Territorial Sea and Contiguous Zone of the Russian Federation";
·
Federal Act of 14 March 1995 N 33-FZ "On
Specially Protected Natural Areas";
·
Federal Act of 23 November 1995 N174-FZ "On
Environmental Expert Review";
·
Federal Act of 24 June 1998 N 89-FZ "On
Production and Consumption Waste";
·
Federal Act of 21 December 1994 "On Protection of
Population and Territories from Natural and Man-Induced Emergencies";
·
Federal Act of 30 December 2009 N 384-FZ
"Technical Procedures for Safety of Buildings and Structures";
·
RF Law of 21 February 1992 N 2395-1 "On
Subsoil";
·
Water Code of the Russian Federation of 3 June 2006 N
74-FL;
·
Land Code of 25 October 2001 N 136-FL;
·
Urban Development Code of the Russian Federation of 29 December
2004 N 190-FL;
·
Code of Administrative Offences of RF, of 30 December
2001 N 195-FZ, etc.;
Implementing
the provisions of the Proposed Law will require adoption of a number of
regulations, i.e. Resolution of the Government of the Russian Federation “On
Approval of the Procedures for the Establishment, Operation and Use of
Artificial Islands, Installations and Facilities the Establishment, Operation
and Use of Artificial Islands, Installations and Facilities in the Ice-Covered
Areas of the Continental Shelf of the Russian Federation”.
8.1. List of Strategic, Conceptual, and Program
Documents in the Area of Natural Resources Protection and Environmental
Protection
1.
Fundamentals of the National Policy of the Russian Federation in the Arctic towards 2020
and Beyond, approved by the President of the Russian Federation on Sept. 18,
2008;
2.
The Concept of Governmental Support to Economic and
Social Development of the Northern Areas, approved by the Government of the
Russian Federation of 07.03.2000, No. 198;
3.
Priorities of the Government of the Russian Federation towards 2012 (approved by the
order of the Government of the Russian
Federation, of 17 November 2008, No.1663;
4.
The Concept Of Long-Term Socio-Economic Development Of
The Russian Federation Towards 2020 (approved by the Order of the Government of
the Russian Federation
dated 17 November 2008 N 1662-p)
5.
The Marine Doctrine of the Russian Federation towards
2020, approved by the President of the Russian Federation, July 27, 2001;
6.
The Environmental Doctrine of the Russian Federation approved by the Resolution of
the Government of the Russian
Federation on 31 August 2002 No. 1225-p.
7.
Fundamentals Of The National Policy For Nuclear And
Radiation Safety Of The Russian Federation Towards 2010 and Beyond (approved by
the President of the Russian
Federation December 4, 2003, Pr-2196)
8.
The Strategic Action Program for Environmental
Protection of the Russian Arctic, approved by the Maritime Board of the
Government of the Russian Federation (Minutes of the Board Meeting, 19 June
2009, N 2(11), Section I, Par.2);
9.
The Resolution of the Government of the Russian Federation of 10 August 1998 N 919
"On the World Ocean Federal Targeted Program" as amended by the
Resolution of the Government of the Russian Federation of 30 September
2008, N731) with the Development and Utilization of the Arctic Subprogram;
- Decision of the Interdepartmental Commission on
Environmental Safety of the Security Council of the Russian Federation of 27.04.2001 N3
«Pollution Of The Environment And Measures To Ensure Environmental Safety
Of The Russian Arctic"
- The Federal Targeted Program "Risk Reduction
and Mitigation of Natural And Technological Emergencies in the Russian Federation towards 2010"
(approved by the Resolution of the Government of the Russian Federation of January
6, 2006 N 1)
- The Federal Targeted Program "Managing the
Consequences Of Radiation Emergencies Towards 2010" (approved by the
Resolution of the Government of the Russian Federation of 29
August 2001 N 637
- The Sustainable Development Transition Concept
for the Russian Federation
(approved by the Decree of the President of the Russian Federation of April 1,
1996 N 440)
- The Climate Doctrine of the Russian Federation (approved by the Decree
of the President of the Russian
Federation of 17 December 2009 N
861-pn)
- The National Security Strategy of the Russian Federation towards 2020 (approved
by the Decree of the President of the Russian Federation of 12 May
2009 N 537)
- Russia's Energy
Strategy Towards 2030 (approved by the Resolution of the Government of the
Russian Federation
on 13 November 2009 N 1715 p)
- The Russia’s
Geological Sector Development Strategy towards 2030 (approved by the
Government of the Russian
Federation on 21 June 2010 N 1039-P)
- The Water Strategy of the Russian Federation Towards 2020 (approved
by the Government of the Russian
Federation on 27 August 2009 N 1235-P)
- The Fisheries Sector Development Strategy of the Russian Federation
Towards 2020 (approved by the Fisheries Federal Agency, 30 March 2009 N
246)
- The Forest Sector Development Strategy of the Russian Federation towards 2020 (approved
by the Order of the Ministry of Industry and Trade of the Russian Federation and the Ministry of
Agriculture of the Russian
Federation of 31 October 2008 N
248/482)
- The Order of the Government of the Russian Federation dated 28.01.2008 N 74-r
"On the Concept of the Federal Targeted Program "The National
System of Chemical and Biological Safety of the Russian Federation (2009 -
2013)";
- The Concept of Sustainable Development of the
Indigenous Minorities of the North, Siberia and the Far East of the Russian Federation (approved by the
Government of the Russian
Federation on 4 February 2009 N 132-p)
8.2. The List of Federal Acts Governing
Relations in Natural Resources Management and Environmental Protection
- The Federal Act "On Environmental
Protection" of 10 January 2002 N 7-FL
- The Federal Act "On the Use Of Atomic
Energy" of 21 November 1995 N 170-FZ
- The Federal Act "On Radiation Safety"
of January 9, 1996 N 3-FL
- The Federal Act "On Industrial Safety Of
Hazardous Production Facilities" of 21 July 1997 N 116-FL
- The Federal Act "On Technical
Regulation" of 27 December 2002 N 184-FL
- The Federal Act "On Sanitary and
Epidemiological Welfare" of 30 March 1999 N 52-FL
- The Federal Act "On Protection Of Population
And Territories From Natural and Technological Emergencies" of
December 21, 1994
- Federal Act "On Combating Terrorism" of
March 6, 2006 N 35-FZ
- The Federal Act of 24 July 2009 N 209-FZ "On
Hunting and Protection of Hunting Resources, and on Amendments to Certain
Legislative Acts of the Russian
Federation"
- The Federal Act of 6 October 1999 N 184-FZ
"On General Principles Of Organization Of Legislative
(Representative) And Executive Authorities Of the Constituent Subjects Of
the Russian Federation"
- The Federal Act of 6 October 2003 N 131-FZ
"On General Principles of Local Self-Governments in the Russian Federation"
- The Federal Act of 10 July 2001 N 92-FZ "On
Special Environmental Programs, Remediation of Contaminated Areas"
- The Federal Act of 18 December 2006 N 232-FZ
"On Amendments to the Urban Development Code of the Russian Federation and Some Legislative
Acts of the Russian
Federation"
- The Federal Act of 24 November 2008 N 204-FZ
"On Federal Budget for 2009 and for the Planning Period of 2010 and
2011;
- The Federal Act of 16 July 1998 N 101-FZ "On
Regulation of Agricultural Lands Fertility Measures";
- The Federal Act of 30 December 1995 N 225-FZ
"On Production Sharing Agreements";
- The Federal Act of 21 July 1997 N 117-FZ "On
Safety of Hydraulic Structures"
- The Federal Act of 29 August 1993 N 5663-1
"On Space Activities"
- The Federal Act of 20 December 2004 N 166-FZ
"On the Fisheries and Conservation of Water Biological
Resources")
- The Federal Act of 24 April 1995 N 52-FZ "On
Fauna"
- The Forest Code of the Russian Federation of 4
December 2006 N 200-FZ
- The Federal Act of 23 November 1995 N174-FZ
"On Environmental Expert Review";
- The Federal Act of 30 November 1995 N 187-FZ
"On the Continental Shelf of the Russian Federation";
- The Federal Act of 24 June 1998 N 89-FZ "On
Production and Consumption Waste"
- The Federal Act of 17 December 1998 N 191-FZ
"On the Exclusive Economic Zone of the Russian Federation"
- The Federal Act of 4 May 1999 N 96-FZ "On
Protection of the Atmospheric Air
- The Federal Act of 8 August 2001 N 128-FZ
"On Licensing of Specific Activities
- The Federal Act of 31 December 2005 N 199-FZ
"On Amendments to Some Legislative Acts of the Russian Federation in
Connection with the Improvement of Division of Competencies"
- The Federal Act of 8 August 2001 N 134-FZ
"On Protection of Legal Entities and Self-Employed Entrepreneurs When
Carrying out Governmental Control/Supervision Activities”;
- The Federal Act of Jan. 10, 1996 N 4-FZ "On
Land Reclamation"
- The Federal Act of April 3, 1996 N 28-FZ "On
Energy Conservation"
- The Water Code of the Russian Federation of 3 June
2006 N 74-FZ
- The Federal Act of 21 February 1992 N 2395-1
"On Subsoil"
- The Land Code of the Russian Federation of 25
October 2001 N 136-FL
- The Code of the Russian Federation on
Administrative Violations of 30 December 2001 N 195-FZ
- The Urban Development Code of the Russian Federation
of 29 December 2004 N 190-FL
8.3.
The List of Federal Acts and Regulations Governing the State Environmental
Review and Environmental Impact Assessment
- The Federal Act of 17 December 1998 N 191-FZ
"On the Exclusive Economic Zone of the Russian Federation"
(Article 27);
- The Federal Act of 30 November 1995 N 187-FZ
"On the Continental Shelf of the Russian Federation"
(Article 31);
- The Federal Act "On Environmental
Protection" of 10 January 2002 N 7-FL
- The Federal Act of 23 November 1995 N174-FZ
"On Environmental Expert Review";
- The Federal Act of 31 July 1998 N 155-FZ "On
the Internal Marine Waters, Territorial
Sea and Contiguous Zone of the Russian Federation"
(Article 34);
- The Federal Act of 10 July 2001 N 92-FZ "On
Special Environmental Programs, and Rehabilitation of
Radiation-Contaminated Areas" (p. 2 art. 5)
- The Federal Act of 18 December 2006 N 232-FZ
"On Amendments to the Urban Development Code of the Russian Federation and Some Legislative
Acts of the Russian
Federation";
- Procedures for State Environmental Expert Review
(approved by the Resolution of the Government of the Russian Federation of 11 June
1996 N 698)
- The Rules for Submitting to the State Expert
review and State Environmental Expert Review the Project Documentation for
Facilities, which are to be Constructed, Refurbished, and Capitally
Repaired within Specially Protected Natural Areas (approved by Resolution
of the Government of the Russian Federation of 7 November 2008 N 822);
- The Resolution of the Government of the Russian Federation
of 30 July 2004 N 401 "On Approval of the Statute of the Federal Service
for Ecological, Technological and Nuclear Supervision"
- The SOP “The Organization and Carrying Out of the
Federal-Level State Environmental Expert Review Function by the Federal
Service for Ecological, Technological and Nuclear Supervision (approved by
the Order of the Ministry of Natural Resources of October 30, 2008 N 283);
- The Resolution of the Government of the Russian Federation
of 11 June 1996 N 679 "On Remuneration Of External Experts within the
State Environmental Expert Review";
- The Methodological Guidelines on the Preparation
of Documents - to be Submitted to the State Environmental Expert Review -
Justifying the Proposed Activities for The Collection, Use,
Neutralization, Transportation, and Disposal Of Hazardous Wastes (approved
by the Order of Rosprirodnadzor of 28 August 2007 N 596a);
- The Order of the Committee for Environmental
Protection of the Russian
Federation of 22 April 1998 N 238
"On Approval of the Procedure for Assessing the Cost of the State
Environmental Expert Review";
- The Guidelines for Environmental Justification of
Economic and Other Activity (approved by the Order of the Ministry of
Russia on 29 December 1995 N 539);
- Procedures for the Impact Assessment of Proposed
Economic and Other Activities on the Environment in the Russian Federation
(approved by the Order of the State Committee of Ecology of the Russian
Federation of 16 May 2000 N 372);
- The Guide for Environmental Impact Assessment
(EIA) for the Design, Construction, Renovation And Operation Of Road
Facilities (approved by the Order of the Ministry of Transport of 22
November 2001 N OS-482-P)
- Regulations Concerning the Composition Of Design
Documentation And Content Requirements (approved by Resolution of the
Government of the Russian
Federation of 16 February 2008 N 87)
8.4.
The List of Federal Acts and Regulations Governing Permitting and Licensing
- The Federal Act of 8 August 2001 N 128-FZ
"On Licensing Specific Activities" (paragraph 74 Art. 17)
- The Federal Act of 21 February 1992 N 2395-1
"On Subsoil" (Art. 15, 16, 17.1)
- The Federal Act of 30 November 1995 N 187-FZ
"On the Continental Shelf of the Russian Federation"
- The Federal Act "On Radiation Safety"
(Article 10)
- The Federal Act of 24 April 1995 N 52-FZ "On
Fauna" (Art. 33, 35 - 38);
- The Water Code of the Russian Federation (Part 2 of
Art. 11, Art. 44);
- The Federal Act of 17 December 1998 N 191-FZ
"On the Exclusive Economic Zone of the Russian Federation";
- The Federal Act of 31 July 1998 N 155-FZ "On
the Internal Marine Waters, Territorial
Sea and Contiguous Zone Of The Russian Federation";
- Subsoil Use Licensing Procedures (approved by the
Resolution of the Supreme Council of the Russian Federation of July 15,
1992 N 3314-1 (as amended by Federal Act of 26.06.2007 N 118-FZ))
- Procedures for considering subsoil use licenses
applications for exploration and mining or geological study of subsoil,
exploration and mining operations carried out under a combined license,
for subsoil areas that are allocated without bidding or auctions including
subsoil areas of federal importance on the continental shelf of the
Russian Federation, subsoil area of federal importance, located in the
territory of the Russian Federation and extending onto its continental
shelf, gas-containing subsoil area of federal importance (approved by the Resolution
of the Government of the Russian Federation on Jan. 8, 2009 N 4)
- Procedures for considering subsoil use licenses
applications upon proving the fact of a mineral deposit discovery in the
subsoil area of federal importance or subsoil area, which has been moved
to the category of a subsoil area of federal importance because of the
mineral deposit discovery by the subsoil user, which carried out
geological exploration of mineral resources of this area by using its own
funds for the exploration and mining the deposit discovered (approved by
the Resolution of the Government of the Russian Federation of 27 November
2008 N 897);
- Procedures for the Re-execution of Subsoil Use
Licenses (approved by the Order of Russia’s MNR of November 19,
2003 N 1026);
- Procedures for Licensing Nuclear Energy
Use-Related Activities (approved by Resolution of the Government of the
Russian Federation of 14 July 1997 N 865 (as amended of 22.04.2009 N
351));
- Procedures for Licensing Activities Involving the
Use Of Radioactive Materials When Carrying out Works Associated with the
Use of Atomic Energy For Military Defense Purposes (approved by RF
Government Decree of 20 June 2000 N 471);
- Procedures for Licensing Activities Associated
with the Use Of Ionizing Radiation Sources (approved by Decree of the
Government of the Russian
Federation on Feb. 25, 2004 N 107)
- Resolution of the Government of the Russian Federation
of 27 December 1996 N 1574 "Procedures for the Issue Long-Term
Licenses for the Use of Wildlife"
- Procedures for Issue Long-Term Licenses for the
Use of Game Wildlife Species (approved by order of the Russian Ministry of
Agriculture on 26 June 2000 N 569)
- The Form of the Long-Term License for the Use of
Wildlife and the Form of Application for Wildlife Use of (approved by the
joint order of the Ministry of Agriculture of Russia N 378 and the Russian
State Committee for Ecology N 400 of 22 June 1998);
- Procedures for Issuing Named One-off Licenses for
the Use of Game Wildlife Species on Specially Protected Natural Areas of
Federal Importance (approved by the order of the Russia’s Ministry of
Natural Resources of 27 November 2008 N 315);
- Procedures for the Issue of Named One-off
Licenses for the Use of Game Wildlife Species (approved by the order of
the Russian Ministry of Agriculture of January 4, 2001 N 3);
- The Order of Rostekhnadzor of 7 February 2007 N
56 "On Approval of the Form of the Permit for Emission of Harmful
Substances (Pollutants) into Air"
- Resolution of the Government of the Russian Federation of 19 February 1996 N
156 "On the Procedure for Issuing Permits (Administrative Licenses)
on the Turnover of Wild Animals Species Listed in the Red Book of the Russian Federation";
- The Order of the Ministry of Natural Resources of
September 3, 2003 N 798 "On Approval of the Form of the Permit
(Administrative License) on the Turnover of Wild Animals Species Listed in
the Red Book of the Russian Federation" (registered in the Russian
Ministry of Justice on Sept. 24, 2003, Registration N 5109), as amended by
the Order of the MNR of Russia of 21 August 2006 N 187);
- The Resolution of the Government of the Russian Federation
of 30 July 2004 N401 “On the Federal Service for Ecological, Technological
and Nuclear Supervision";
- The Statute of the Federal Service for
Supervision of Natural Resources (approved by Decree of the Government of
the Russian Federation
July 30, 2004 N400);
- The SOP of the Federal Service for Environmental,
Technological and Nuclear Supervision Concerning Execution of the State
Functions of Issuing Permits For Emissions, and Discharges Of Pollutants
Into Environment (approved by the Order of the Russia’s Ministry of
Natural Resources of on 31 October 2008 N 288);
- The SOP of the Federal Service for Supervision of
Natural Resources Concerning Execution of the State Function of Issuing
Permits for Taking of Fauna and Flora Species Listed in the Red Book of
the Russian Federation
(approved by the Order of the Ministry of Russia on 30 April 2009 N 123)
- The SOP of the Federal Service for Supervision of
Natural Resources Concerning Execution of the State Function of Issuing
Permits for Exportation from the Russian Federation and the Importation
into its Territory of Flora and Fauna Species, Parts thereof or Products
Made from thereof, Subject to the Convention on International Trade in
Endangered Species of Wild Fauna and Flora, CITES, on March 3, 1973,
except for sturgeons (approved by the Order of the Russian MNR dated 27
February 2008 N 47)
- The SOP of the Federal
Service for Environmental, Technological and Nuclear Supervision
Concerning Execution of the State Functions of Issuing Permits for the
Transboundary Movement of Wastes (approved by the Order of the Ministry of
Natural Resources of Russia of 31 October 2008 N 292)
- The SOP of the Federal Service for Supervision of
Natural Resources Concerning Execution of the State Function of Issuing
Permits (Administrative Licenses) on the Turnover of Wildlife Species
Listed in the Red Book of the Russian Federation" (approved by the Order of Russia's MNR
of January 15, 2008 N 4)
- The SOP of Federal Service for Veterinary and
Phytosanitary Supervision Concerning Execution of the State Function of
Issuing Permits for Activities Associated with Acclimatization,
Resettlement and Cross-Breeding, as well as Permits for the Ranging and Breeding
of Game Fauna Species, in Semi-Free Conditions and Artificial Habitat in
Specially Protected Natural Areas of Federal Importance (approved by Order
of Russia's Ministry of Agriculture of December 14, 2007 N 615);
- The SOP of the Federal Service for Supervision of
Natural Resources Concerning Execution of the State Function to issue in
due course a license (permit) for the construction, operation and use of
artificial islands, installations and facilities, drilling operations
related to the geological study, searching, exploration and exploitation
of mineral resources, as well as the laying of submarine cables and
pipelines in the internal marine waters, territorial sea and continental
shelf of the Russian Federation within its competence (approved by Order
of Russia's MNR of December 10, 2007 N 322)
- The SOP of the Federal Service for Supervision of
Natural Resources Concerning Execution of the State Function of Issuing
Permits for Ranging and Breeding in Semi-Free Conditions and Artificial
Habitats Wildlife Species Listed in the Red Book of the Russian Federation
(approved by Order of Russia's MNR of October 30, 2007 N 279)
- The SOP of the Federal Nuclear Agency Concerning
Execution of the State Function «Issue Certificates (Permits) for the
Carriage and Maintenance of the Registry of Radioactive Materials»
(approved by Order of the Federal Nuclear Agency of October 10, 2007 N
527);
- Subsoil Use Licensing Procedures (approved by
Resolution of the Supreme Council of the Russian Federation of July 15,
1992 N 3314-1 (as amended by Federal Act of 26.06.2007 N 118-FZ));
- Procedures for considering subsoil use licenses
applications for exploration and mining or geological study of subsoil,
exploration and mining operations carried out under a combined license,
for subsoil areas that are allocated without bidding or auctions including
subsoil areas of federal importance on the continental shelf of the
Russian Federation, subsoil area of federal importance, located in the
territory of the Russian Federation and extending onto its continental
shelf, gas-containing subsoil area of federal importance (approved by
Resolution of the Government of the Russian Federation on Jan. 8, 2009 N
4)
- Procedures for considering subsoil use licenses
applications upon proving the fact of a mineral deposit discovery in the
subsoil area of federal importance or subsoil area, which has been moved
to the category of a subsoil area of federal importance because of the
mineral deposit discovery by the subsoil user, which carried out geological
exploration of mineral resources of this area by using its own funds for
the exploration and mining the deposit discovered (approved by Resolution
of the Government of the Russian Federation of 27 November 2008 N 897);
- Procedures for the Re-execution of Subsoil Use
Licenses (approved by Order of Russia's MNR of November 19,
2003 N 1026);
- Procedures for Licensing Nuclear Energy
Use-Related Activities (approved by Resolution of the Government of the
Russian Federation of 14 July 1997 N 865 (as amended on 22.04.2009 N 351);
- Procedures for Licensing Activities Associated
with the Use of Ionizing Radiation Sources (approved by Resolution of the
Government of the Russian
Federation on Feb. 25, 2004, N 107);
- Procedures for Licensing Activities Involving the
Use of Radioactive Materials When Carrying out Works Associated with the
Use of Atomic Energy for Military Defense Purposes (approved by the
Resolution of the Government of the Russian Federation of 20 June 2000 N
471);
- Procedures for Issuing Named One-Time Licenses
for the Use of Game Wildlife Species on Specially Protected Natural Areas
of Federal Importance (approved by Order of the Russia's Ministry of
Natural Resources of 27 November 2008 N 315);
- Procedures for Licensing of the Collection, Use,
Disposal, Transportation, Disposal of Waste of Hazard Class I - IV (as
amended on 15.06.2009 N 486) (approved by Resolution of the Government of
the Russian Federation of August 26, 2006 N 524);
8.4.
The List of Federal Acts and Other Regulations Governing the State Environmental
Control
- The Federal Act of 10 January 2002 N 7-FZ «On
Environmental Protection" (Chapter XI, Art. 64 - 69);
- The Federal Act of May 4, 1999 N 96-FZ «On Air
Protection" (Article 24);
- The Federal Act of 24 June 1998 89-FZ «On
Production and Consumption Waste" (Article 25)
- The Act of the Russian Federation of February
21, 1992 N 2395-1 «On Subsoil" (Art. 37, 38);
- The Federal Act of 24 April 1995 N 52-FZ «On
Fauna" (Art. 30, 31);
- The Federal Act of December 20, 2004 N 166-FZ «On
Fisheries and Conservation of Water Biological Resources" (Article
54);
- The Water Code of the Russian Federation (Article
36);
- The Forest Code of the Russian Federation (Art. 96,
97);
- The Land Code of the Russian Federation (Art. 71);
- The Federal Act of December 17, 1998 N 191-FZ «On
Exclusive Economic Zone of the Russian Federation» (Art. 35 -
39);
- The Federal Act of 31 July 1998 N 155-FZ «On the
Internal Marine Waters, Territorial
Sea and Contiguous Zone of the Russian Federation»
(Article 35);
- The Federal Act of November 30, 1995 N 187-FZ «On
the Continental Shelf of the Russian Federation» (Art. 42 -
46);
- The Federal Act of April 3, 1995 N 40-FZ «On the
Federal Security Service" (Article 12, paragraph "m");
- The Federal Act of December 26, 2008 N 294-FZ «On
Protection of the Rights of Legal Entities and Self-Employed Entrepreneurs
Subjected to State Control (Supervision), and Municipal Control
Activities";
- Decree of the President of the Russian Federation of August
29, 1997 N 950 "On Measures to Ensure Protection of Marine Biological
Resources and State Control in this Area";
- Resolution of the Government of the Russian Federation
of 31 March 2009 N 285 "On the List of Facilities Subject to the
Federal-Level State Environmental Control";
- The Rules for Exercising State Control of
Environmental Protection (State Environmental Control), approved by
Resolution of the Government of the Russian Federation of 27 January 2009
N 53 (as amended on 31.03.2009 N 285);
- Procedures for Exercising State Control of Air
Protection, approved by Resolution of the Government of the Russian
Federation of 15 January 2001 N 31 (as amended on 23.07.2007 N 471, and on
27.01.2009 N 53);
- Procedures for Exercising State Control and
Supervision of the Use and Protection of Water Bodies, Approved by
Resolution of the Government of the Russian Federation of 25 December 2006
N 801 (as amended on 04.03.2009 N 192);
- Procedures for Exercising State Control of the
Geological Study, Rational Use and Conservation of Mineral Resources,
Approved by Resolution of the Government of the Russian Federation of May
12, 2005 N 293;
- Procedures for Exercising State Land Control,
Approved by the Resolution of the Government of the Russian Federation of
November 15, 2006 N 689;
- Procedures for Exercising State Control of
Protection, Reproduction and Use of Wildlife and its Habitat, approved by
Resolution of the Government of the Russian Federation of November 10,
2008 N 843;
- Procedures for Exercising State Forest Control
and Supervision, Approved by Resolution of the Government of the Russian
Federation of 22 June 2007 N 394 (as amended on 26.02.2009 N 176);
- Procedures for Exercising State Control of the
Protection of Marine Biological Resources, Approved by Order of the
Russian Federal Security Service of September 26, 2005 N 569;
- The List of officers of the Federal Service for
Supervision of Natural Resources and its Territorial units Exercising
Federal-level State Environmental Control (Federal-level State
Environmental Inspectors), Approved by Resolution of the Government of the
Russian Federation of 25 September 2008 N 716;
- Resolution of the Government of the Russian
Federation of November 4, 2006 N 640 "On Criteria for Qualifying
Facilities as Facilities Subject to Federal-Level Control and Supervision
with Regard to the Use and Protection of Water Bodies and Regional-Level
Control and Supervision with Regard to the Use and Protection of Water
Bodies"
- Procedures for Exercising State Construction
Supervision in the Russian Federation, approved by Resolution of the
Government of the Russian Federation of February 1, 2006 N 54 (as amended,
by Resolution of the Government of the Russian Federation of 16.02.2008 N
87, of 10.03.2009 N 204, Resolution of the Supreme Court of the Russian
Federation of 10.04.2008 N GKPI08-547);
- Resolution of the Government of the Russian Federation of 26 January 1998 N 90
“On Implementing the Decree of the President of the Russian Federation of August
29, 1997 N 950" on Measures to Ensure Protection of Marine Biological
Resources and State Control in This Area";
- Order of Russia's MNR of December 18, 2006 N 288
"On Approving The List of
Facilities Subject to The
Federal-Level State Control and Supervision in Regard to The Use and Protection of Water
Bodies";
- Resolution of the Government of the Russian Federation
of 21 April 2000 N 373 "On Approving Procedures for Exercising State
Inventory of Adverse Impacts on The atmospheric air and Sources
Thereof";
- Resolution of the Government of the Russian
Federation of November 28, 2002 N 847 "On Procedures for Restricting,
Suspending or Terminating Emission of Adverse Substances (Pollutants) into
The atmospheric air and Adverse Physical Impacts on The Atmospheric
Air";
- Order of Russia's MNR of 29.04.2005 N
115 "On Approving the List of
officials of The Federal Service for Supervision of Natural Resources,
Authorized to Draw Up Protocols on
Administrative Violations";
- Order of Russia’s MNR of March 7, 2007
N 49 "On Approving the Form of
a Demand Notice to Terminate The Water Resources Use Right";
- Order of Russia’s MNR of March 15, 2007 N 60
"On Approving the Forms of Documents Prepared on The Basis of
Findings Associated With The Federal-Level State Control and Supervision
of The Use and Protection of Water Bodies Carried Out by The Federal
Service for Supervision of Natural Resources”, etc.
- Statue of the Federal Service for Supervision of
Natural Resources (approved by Resolution of the Government of the Russian Federation
of 30 July 2004 N401);
- The SOP of the Federal Security Service of the Russian Federation
Concerning Execution of the State Function of Ensuring the Protection of
Marine Biological Resources and State Control in This Area (Approved by
Order of the Federal Security Service of January 11, 2009 N 1)
- The SOP of the Federal Service for Supervision of
Natural Resources Concerning Execution of the State Function of Carrying
Out Control and Supervision in Regard
to Compliance - Within Its Competence - With The Atmospheric Air
Protection Legislation of the Russian Federation (Approved by Order of the
Russia’s Ministry of Natural Resources of October 31, 2008 N 300)
- The SOP of The Federal Service for Supervision of
Natural Resources Concerning Execution of the State Function of Exercising
State Control of Geological Exploration, Rational Use and Conservation of
Mineral Resources (Approved by Order of Russian Ministry of Natural
Resources of December 3, 2007 N 319);
- The SOP of Federal Service for Supervision of
Natural Resources Concerning the State Function of Exercising
Federal-Level State Control and Supervision of The Use and Protection of
Water Bodies (Approved by Order of Russian Ministry of Natural Resources
of August 26, 2008 N 192);
- Resolution of the
Government of the Russian Federation
of 31.03.2009 N285 "On the List of Facilities Subject to the Federal-Level State Environmental Control";
8.5.
The list of federal acts and regulations governing the protection of water
bodies in the territory of the Russian Federation
and marine waters under the jurisdiction of the Russian Federation
- The Water Code of the Russian Federation of June 3,
2006 N 74-FZ;
- The Federal Act of 31 July 1998 N 155-FZ «On the
Internal Marine Waters, Territorial
Sea and Contiguous Zone of the Russian Federation»;
- The Federal Act of November 30, 1995 N 187-FZ «On
the Continental Shelf of the Russian Federation»
- The Rules for Exercising State Control of
Economic Concentration in the Use of Water Bodies (Approved by Resolution
of the Government of the Russian
Federation of 8 April 2009 N 314);
- on the Limits (Maximum Amount), and Quota for
Diverting Water Resources From Water Bodies and Discharged Wastewater.
Resolution of the Government of the Russian Federation of March
10, 2009 N 223;
- On Approving for Water Users Standards of
Permissible Discharges of Substances and Microorganisms into the Water
Bodies. Resolution of the Government of the Russian
Federation of 23 July 2007 N 469 (as amended by
Resolution of the Government of the Russian Federation of March
10, 2009 N 219);
- Rules for Designing, Approving and Implementing
the Schemes of Integrated Protection of Water Bodies, and Amending These
Schemes. Approved by Resolution of the Government of the Russian Federation of 30
December 2006 N 883;
- Procedures for Establishing and Operating
Watershed Councils. Resolution of the Government of the Russian Federation of November 30, 2006 N
727 (as amended by Resolution of the Government of the Russian Federation of March
10, 2009 N 219);
- Rules for Preparing and Making Decisions on Water
Body Use Allocation. Approved by Resolution of the Government of the Russian Federation
of 30 December 2006 N 844 (as amended by Resolution of the Russian
Government of March 4, 2009 N 192)
- Procedures for Exercising State Control and
Supervision of the Use and Protection of Water Bodies. Approved by
Resolution of the Government of the Russian
Federation of 25 December 2006 N 801 (as amended by
Resolution of the Government of the Russian Federation of March 4,
2009 N 192);
- The Rules for Disbursing and Accounting of Funds
Provided As Federal Budget Subventions
to The Constituent Subjects of the Russian Federation for
Exercising Specific Water Management Competencies of the Russian
Federation. Approved by Resolution of the Government of the Russian
Federation of 27 October 2006 N 629 (as amended by Resolutions of the
Government of the Federation of 25 December 2007 N 932, of January 27,
2009 N 36);
- The Rules for Plotting the Boundaries of Water
Protection Zones and Coastal Buffer Zones of Water Bodies. Approved by
Resolution of the Government of the Russian Federation of 10 January
2009 N 17;
- On the Rates of Charges for Air Emissions of
Pollutants From Stationary and Mobile
Sources, Discharges of Pollutants into Surface and Ground Water Bodies,
Disposal of Industrial and Consumer Waste. Resolution of the Government of
the Russian Federation of 12 June 2003 N 344 (in the version of Resolution
of the Government of the Russian Federation of July 1, 2005 N 410, as
amended by Resolution of the Government of the Russian Federation of
January 8, 2009 N 7);
- Procedures for the Establishment, Operation and
Use of Artificial Islands, Installations and Facilities in the Internal
Marine Waters and Territorial Sea of the Russian Federation. Approved
by Resolution of the Government of the Russian Federation of 19 January
2000 N 44 (in the version of Resolutions of the Government of the Russian
Federation of 30 July 2004 N 391, of November 21, 2007 N 800, of December
24, 2008 N 100);
- On Procedures for Developing and Approving Water
Quality Standards for the Water Bodies of Fishery Importance, Including
Maximum Allowable Concentrations of Adverse Substances in the Waters of
the Water Bodies of Fishery Importance. Resolution of the Government of
the Russian Federation
of 28 June 2008 N 484;
- Rates of Charges for the Use of Federally-Owned
Water Bodies. Approved by Resolution of the Government of the Russian Federation of 30 December 2006 N
876 (in the version of Resolution of the Government of the Russian Federation
of December 1, 2007 N 832);
- The State Water Registry Maintenance Procedures.
Approved by Resolution of the Government of the Russian Federation of 28 April
2007 N 253;
- The Water
Bodies State
Monitoring Procedures. Approved by Resolution of the Government of the Russian Federation
of 10 April 2007 N 219;
- On Approving the Standards of Permissible Impacts
on Water Bodies. Resolution of the Government of the Russian Federation of 30
December 2006 N 881;
- Criteria for Qualifying Facilities as Facilities
Subject to Federal-Level Control and Supervision with Regard to the Use
and Protection of Water Bodies and Regional-Level Control and Supervision
with Regard to the Use and Protection of Water Bodies. Approved by
Resolution of the Government of the Russian
Federation of November 4, 2006 N 640 (as amended by
Resolution of the Government of the Russian Federation of December
30, 2006 N 845);
- Rules for Calculating and Charging Fees for the
Use of Federally-Owned Water Bodies. Approved by Resolution of the
Government of the Russian
Federation of 14 December 2006 N 764;
- Ob Approving Rules for Developing and Approving
Maximum Allowable Concentrations of Adverse Substances and Maximum
Allowable Negative Impacts on the Marine Environment and Natural Resources
of Inland Waters and Territorial Sea of the Russian Federation. Resolution
of the Government of the Russian
Federation of 10 March 2000 N 208;
- The SOP of the Federal Service for Supervision of
Natural Resources for executing the state function of controlling and
supervising the execution - by the authorities of the constituent subjects
of the Russian Federation – of the water management competences delegated
to them by the Russian Federation including the right to issue breach
rectifying orders and to bring to book the officials who are responsible
for the execution of delegated competences. Approved by Order of the Russia’s
Ministry of Natural Resources of October 31, 2008 N 290;
8.6.
The List of Federal Acts and Regulations Governing Soil and Land Protection
- The Federal Act "On Environmental
Protection» of January 10, 2002 N 7-FZ
- The Land Code of the Russian Federation of 25
October 2001 N 136-FZ
- The Federal Act of 10 January 1996 N 4-FZ (in the
version of 30.12.2008) «On Land Reclamation"
- Resolution of the Government of the Russian Federation of 20 February 2006 N 99
(in the version of 16.03.2009) «On the Federal Targeted Program
"Conservation and Restoration of Fertility of Agricultural Lands and
Landscapes as Russia’s
National Heritage in 2006 - 2010 and towards 2012"";
- Resolution of the Government of the Russian Federation
of November 15, 2006 N 689 (in the version of 22.06.2007) «On State Land
Control";
- Resolution of the Government of the Russian
Federation of 27 February 2004 N 112 "On the use of land affected by
radioactive and chemical contamination, cultural-engineering and
reclamation works, the establishment of protected areas and conservation
of facilities and sites located on these lands";
- Resolution of the Government of the Russian
Federation of May 7, 2003 N262 "On approval of the rules for
compensating land plot owners, land users, landholders and land plot
tenants for damages caused by withdrawal or temporary occupation of land,
restriction of rights of land plot owners, land users, landholders and
land plot tenants or land quality deterioration as a result of other
persons activities"
- Resolution of the Government of the Russian Federation of November 28, 2002 N
846 "On Approving the State
Land Monitoring
Procedures";
- Resolution of the Government of the Russian Federation
of October 2, 2002 N 830 "On Approving Procedures for the
Conservation of Lands and Withdrawal of Such Lands from Circulation";
- Resolution of the Government of the Russian
Federation of March 1, 2001 N 154 "On Approving Rules for Maintaining
State Records of Agricultural Land Fertility Indicators";
- Resolution of the Government of the Russian Federation
of 23 February 1994 N 140 "On Land Reclamation and Stripping,
Conservation and Rational Use of Topsoil";
8.7.
The List of the Atmospheric Air Protection Regulations and Methodological
Guidelines
- Resolution of the Government of the Russian Federation
of 21.04.2000 N373 "On Approving procedures for keeping the state
registries of adverse impacts on the atmospheric air and sources
thereof";
- The Rosstat Order of 18.08.2008 N 194 "On
Approving forms of federal statistical monitoring to organize the 2009
statistical monitoring of agriculture and the environment";
- The Rostekhnadzor Order of 24.11.2005 N 867
"On keeping state registries of polluters by the territorial units of
the Federal Service for Environmental, Technological and Nuclear
Supervision";
- Resolution of the Government of the Russian Federation
of 15.01.2001 N31 (in the version of 27.01.2009) "On Approving
Procedures for the Air Protection State Control”;
- Resolution of the Government of the Russian
Federation of 25.09.2008 N716 "On officials of the Federal Service
for Supervision of Natural Resources and its territorial units exercising
federal-level state environmental control (the federal state environmental
inspectors);
- Resolution of the Government of the Russian Federation
of 27.01.2009 N53 (in the version of 31.03.2009) "On exercising state
environmental control (together with the “Rules for Exercising State
Environmental Control");
- Order of the Ministry of Natural Resources of the
Russian Federation of 31.10.2008 N 300 "On Approving SOP of the
Federal Service for Supervision of Natural Resources Concerning Execution
of the State Function of controlling and supervising compliance - within
its jurisdiction - requirements of the atmospheric air protection law of
the Russian Federation" (registered with the Ministry of Justice of
Russia 05.03.2009 N 13483);
- The Rosprirodnadzor Order N 308, Rostekhnadzor
Order N 569 of 05.08.2008 "On the interaction and organization of
control and supervisory functions of the Federal Service for
Environmental, Technological and Nuclear Supervision, as well as of the
Federal Service for Supervision of Natural Resources and its territorial
units for the implementation of the Government Decree of the Russian
Federation of May 29, 2008 N 404 "On the Ministry of Natural
Resources and Environment of the Russian Federation";
- The Rosprirodnadzor Order of 06.08.2008 N 313
"On Approving the provisional SOP for establishing the planning,
control and supervisory functions of Rosprirodnadzor and its territorial
units";
- Guidelines. Nature Conservancy. Atmosphere.
Industrial Air Emissions Control Accuracy Requirements. Recommended Guides RD
52.04.59-85 (approved by the Deputy Chairman of the USSR State
Environmental Committee for Hydrometeorology of 30.12.1985, in force since
01.03.1986);
- Resolution of the Government of the Russian
Federation of 03.08.1992 N 545 (in the version of 16.06.2000) "On
approving procedures for the
development and approval environmental standards of emissions and discharges
of pollutants into the environment, limit values for the use of natural
resources, waste disposal";
- Order of the State Environmental Committee of the
Russian Federation of 16.02.1999 N 66 "On using the air pollution
modeling system in the emissions regulation (together with the
“Methodology for determining vehicle emissions for modeling the urban air
pollution”, “Recommended Guide for modeling the atmospheric air pollution
from emissions of industrial enterprises and city (region) vehicles and by
using modeling in the emissions regulation”, “Guidelines for determining
permissible contributions into the atmosphere pollution from industrial
emissions and by using modeling of the city (region) air basin pollution
from industrial and vehicles emissions”);
- Order of the Ministry of Natural Resources of the
Russian Federation of 31.10.2008 N 288 "On Approving SOP of the Federal Service for
Environmental, Technological and Nuclear Supervision Concerning Execution
of the State Function of Issuing Permits for Emissions, Discharges of
Pollutants into the Environment" (registered with the Ministry of
Justice of the Russian Federation 26.11. 2008 N 12741);
- The Rostekhnadzor Order of 07.02.2007 N 56
"On approving the form of permit for the emission of hazardous
substances (pollutants) into the atmospheric air" (registered with
the Ministry of Justice of Russia
14.03.2007 N 9108);
- "Instruction on the procedure for the
consideration, approval and expert review of air protection measures and
issue of permits for the emission of pollutants into the atmosphere as per
the project document decisions," OND 1-84. (Approved by the Chairman
of the USSR State Environmental Committee for Hydrometeorology 23/04/1984,
agreed by the USSR State Construction Committee 19.04.1984 N BA-1878-20,
effective from 01/01/1984);
- "Methodology for calculating concentrations
of hazardous substances in industrial emissions (OND-86) (Approved by the
USSR State Environmental Committee for Hydrometeorology 04.08.1986 N 192);
- Sectoral Methodology for calculating ground level
concentrations of pollutants in the emissions of compressor stations, and
gas pipelines (Addition 1 to the OND-86);
- Instruction for regulating emissions (discharges)
of pollutants into the atmosphere and water bodies, approved by the USSR
State Environmental Committee of 09/11/1989;
- Recommendations for the design and contents of
the maximum permissible emissions document (MPE) for an enterprise. Moscow, 1990
(prepared by the USSR State Environmental Committee);
- Instruction for the inventory of air emissions.
The USSR State Environmental Committee for
Natural Resources, L, 1991;
- "Guide for calculating, standard setting and
control of air emission" (introduced by the Rostekhnadzor letter of
24.12.2004 N 14-01-333), St. Petersburg., 2005;
- The Rostekhnadzor Order of 14.12.2007 N 859
"On Approving and enacting guidelines for assessing the effects of
accidental releases of hazardous substances" (together with
"Recommended Guides on assessing consequences of accidental releases
of hazardous substances. RD-03-26-2007);
- "Provisional Handbook to ensure cooperation
between the federal executive authorities in case of accidental releases
of pollutants and extremely high environmental pollution" (approved
by the Ministry of Natural Resources 23.06.1995 N 05-11/2507, Russian
Ministry of Emergency Management 08/03/1995, 08/18/1995, Russian State
Environmental Committee for Sanitary and Epidemiological Supervision,
Ministry of Agriculture of the Russian Federation 04.07.1995, Rosgidromet
30.06.1995, Roskomzem 08/08/1995, Roskomvod 08/22/1995, Roskomnedra
11/08/1995, Russian Fisheries Committee 08/14/1995, Rosleshoz 08/10/1995)
(registered with the Ministry of Justice of Russia 11.09.1995 N 946);
- Guidelines. "Controlling emissions in case
of adverse weather conditions," Recommended Guides RD 52.04.52-85; (approved and
promulgated by the USSR State Environmental Committee for Hydrometeorology
of 01.12.1986);
- Resolution of the Government of the Russian Federation
of 06.02.2002 N83 (in the version of 29.12.2008) "On regular inspections
of vehicles and other mobile machinery for compliance with standards for
emissions of hazardous substances (pollutants) into the atmospheric
air"
- Resolution of the Government of the Russian
Federation of 28.08.1992 N632 (in the version of 14.06.2001, as amended on
14.05.2009) "On charges for air emissions from stationary and mobile
sources, discharges of pollutants into surface and ground water bodies,
disposal of production and consumption waste";
- Resolution of the Government of the Russian
Federation of 12.06.2003 N344 (in the version of 01.07.2005, as amended on
08.01.2009) "On approving
procedures for the calculation of charges and its limit rates for
air emissions from stationary and mobile sources, discharges of pollutants
into surface and ground water bodies, waste disposal, and other adverse
impacts”;
- Resolution of the Government of the Russian Federation
of 08.01.2009 N7 "On incentives to reduce air pollution from
flaring";
- "Instructional guidance on charging for
environmental pollution" (approved by the Ministry of Natural
Resources of 26.01.1993) (in the version of 15.02.2000, as amended on
13.11.2007) (registered with the Russian Ministry of Justice 24.03.1993 N
190);
- "Provisional Handbook for calculating (i)
air emissions from the burning of municipal solid waste landfills and (ii)
amount of the claim for air pollution" (approved by the Ministry of
Natural Resources on 2/11/1992) (registered with the Russian Ministry of
Justice 16.11.1992 N 87);
- Order of the State Environmental Committee of the
Russian Federation of 05.03.1997 N 90 "On Approving the air emissions calculation
Methodology (together with "Methodology for calculating air emissions
from combustion sources in case of oil and oil products spills",
"Methodology for determining and calculating pollutant emissions from
forest fires");
- The Rostekhnadzor Order of 08.06.2006 N 557
"On establishing payment timeframes for pollution charges"
(registered with the Ministry of Justice of Russia 17.07.2006 N 8077);
- The Rostekhnadzor Order of 05.04.2007 N 204 (in
the version of 27.03.2008) "On approving the pollution charge
calculation form and procedures for the completion and submission of the
pollution charge calculation form" (registered with the Ministry of
Justice of the Russian
Federation 27.6 .2007 N 9725);
- The Rostekhnadzor Order of 06.04.2007 N 207 (in
the version of 08.08.2008) "On the division of competencies for
administering the pollution charge payments";
- The Rostekhnadzor Order of 12.09.2007 N 626
"On approving the guidelines for administering the pollution charge
payments with respect to air emissions. RD-19-02-2007”;
- Order of the Ministry of Natural Resources of the
Russian Federation of 31.10.2008 N 299 "On Approving the SOP of the Federal Service for
Hydrometeorology and Environmental Monitoring concerning the state
function of ensuring the operation of hydrometeorological observation
stations and the system of obtaining, collecting and disseminating
hydrometeorological data and information within the territory of the
Russian Federation” (registered with the Russian Ministry of Justice
17.12.2008 N 12879);
- Resolution of the Government of the Russian Federation
of 21.12.1999 N 1410 "On establishing and maintaining the single
state-owned database concerning the state of the environment and pollution
levels";
- Resolution of the Government of the Russian Federation
of 14.02.2000 N128 "On approving procedures for submitting
information on the state of the environment, its pollution levels and
technological emergencies that may have a negative impact on the
environment";
- Resolution of the Government of the Russian Federation
of 23.08.2000 N622 "On Approving the Statute of the State
Environmental Monitoring Service"
- Resolution of the Government of the Russian Federation
of 31.03.2003 N 177 "On organizing and exercising state environmental
monitoring”;
- Resolution of the Government of the Russian Federation of 16.05.2005 N 303 (in
the version of 26.02.2009) "On the division of competencies of
federal executive authorities concerning biological and chemical safety of
the Russian Federation";
- The Hydromet Order of 24.04.2008 N 144 "On
Approving SOP of the Federal
Service for Hydrometeorology and Environmental Monitoring Concerning
Execution of the State Function “On maintaining the single state-owned
database concerning the state of the environment and pollution
levels" (registered with the Ministry of Justice of Russia 23.05.2008
N 11742);
- Guidelines RD 52.04.186-89 "Air Pollution
Control Guide" (approved by the Deputy Chairman of the USSR State
Committee for Hydrometeorology 01.06.1989 and Chief Sanitary Inspector of
the USSR 16.05.1989, in force since 01.07.1991);
- Resolution of the Government of the Russian Federation
of 02.02.2006 N 60 "On approving the socio-hygienic monitoring
procedures";
- The Rospotrebnadzor Order of 26.04.2005 N 385
"On managing socio-hygienic monitoring";
- The Rospotrebnadzor Order of 30.12.2005 N 810
"On the list of indicators and data for the establishment of the
Federal Information Database of socio-hygienic monitoring";
- The Rospotrebnadzor Order of 17.11.2006 N 368
"On approving regulatory documents governing socio-hygienic
monitoring";
- The Rospotrebnadzor Order of 21.08.2007 N 246
"On measures aimed at organizing and exercising the system of
socio-hygienic monitoring”;
- The Rospotrebnadzor Order N 329, and the Hydromet
Order N 384 of 22.11.2007 "On the interaction between Rospotrebnadzor
and Hydromet to implement Resolution of the Government of the Russian
Federation of 02.06.2006 N 60" On Approving procedures for socio-hygienic
monitoring";
- "Methodology for conducting social and
hygienic monitoring. Guidelines N2001/83" (approved by the Ministry
of Health of the Russian
Federation 25/5/2001);
- "Guidelines for the hardware and software of
socio-hygienic monitoring" (approved by Rospotrebnadzor 17.11.2006 N
0100/12297-06-34);
- Guide on the public health risk assessment in
case of impacts from of chemicals polluting the environment. Guide
2.1.10.1920-04 P "(approved by the Chief Sanitary Inspector of the Russian Federation
03/05/2004);
- The list of methodologies for air emissions
calculations, as used in 2009
in the process of standard setting and determining
the concentration values of hazardous substances (pollutants) emitted into
the atmospheric air; (approved by the letter of the Ministry of Natural
Resources and Environment of the Russian Federation N 05-12-46/1273 of
06.02.2009);
- The list of documents for the calculation of
releases (emissions) of pollutants in the atmospheric air recommended for
use in 2008 (promulgated by the Rostekhnadzor letters of 27.12.2007 N
14-06/5008 and of 20.02.2008 N 14-06/905);
- The Reference Book of methodologies and equipment
for reducing emissions of pollutants into the atmosphere, to be used in
drafting MPE Documents. NII Atmosphere, 2005;
- The Annotated handbook of methodologies for
measuring concentrations of pollutants in the emissions of industrial
enterprises, NII Atmosphere, fourth edition, revised, St. Petersburg: Asterion, 2008.-172
pages;
- The Reference Book of specific concentration values
of emissions of pollutants into the atmosphere for some industries - major
sources of air pollution, NII Atmosphere, 2005;
- The list and codes of air pollutants. Seventh
Edition, St. Petersburg,
NII Atmosphere, "Integral", 2008;
8.8.
The List of Federal Acts and Regulations Governing Production and Consumption
Waste Management
- The Federal Act of 24 June 1998 N 89-FZ «On
Production and Consumption Waste"
- Resolution of the Government of the Russian Federation
of 17 July 2003 N 442 (in the version of 14.02.2009) «On the Transboundary
Movement of Waste";
- Resolution of the Government of the Russian
Federation of 12 June 2003 N 344 (in the version of 01.07.2005, as amended
on 08.01.2009) «On charges for air emissions of pollutants from stationary
and mobile sources, discharges of pollutants into surface and underground
water bodies, disposal of production and consumption waste";
- Resolution of the Government of the Russian Federation
of 14 December 2006 N 766 (in the version of 07.06.2008) «On licensing activities
associated with the management of ferrous and nonferrous metals
scrap";
- Resolution of the Government of the Russian Federation
of 16 June 2000 N 461 (in the version of 29.08.2007) «On the rules for
developing and approving for waste generation standards and waste disposal
limits";
- Resolution of the Government of the Russian
Federation of August 26, 2006 N 524 "On approving procedures for licensing the activities
associated with collection, use, neutralization, transportation and
disposal of hazardous waste";
- Resolution of the Government of the Russian Federation
of May 11, 2001 N 370 (in the version of 01.02.2005) «On approving the
rules for the management of scrap and waste of nonferrous metals and their
transfer";
- Resolution of the Government of the Russian Federation
of 10 February 1997 N 155 (in the version of 01.02.2005) «On approving
rules for the provision of solid and liquid waste shipment services";
- Resolution of the Government of the Russian
Federation of 22 December 2004 N 827 "On Approving procedures for the review of
applications for subsoil use rights for the purpose of burying
radioactive, toxic and other hazardous wastes in deep horizons to ensure
localization of such waste";
- Resolution of the Government of the Russian Federation
of August 28, 1992 N 632 (in the version of 14.06.2001, as amended on
12.02.2003) «On approving procedures for determining charges (including
the limit value of such charges) for environmental pollution, waste
disposal, and other adverse impacts";
- Resolution of the Government of the Russian
Federation of 26 October 2000 N 818 "On procedures for maintaining
the State Waste Cadastre and conducting hazardous waste
certification";
- Resolution of the Government of the Russian Federation
of 5 April 1993 N 288 "On the amount of incentive payments for the
collection and delivery of scrap and waste of precious metals and natural
diamonds”;
- The Rostekhnadzor Order of December 10, 2007 N
848 "Approving SOP of the Federal Service for Environmental,
Technological and Nuclear Supervision Concerning Execution of the State
Function of Licensing the Collection, Use, Disposal, Transportation and
Disposal of Hazardous Waste (registered with the Russian Ministry of
Justice 28.12.2007 N 10835);
- The Rostekhnadzor Order of October 19, 2007 N 703
"Approving Recommended Guides for drafting waste generation and
disposal limits documents (registered with the Russian Ministry of Justice
17.01.2008 N 10891);
- The Rostekhnadzor Order of September 20, 2007 N
643 "On Approving SOP of the
Federal Service for Environmental, Technological and Nuclear Supervision
Concerning Execution of the State Function of Setting Forth Waste Disposal
Limits” (registered with the Russian Ministry of Justice 17.10.2007 N
10347);
- The Rostekhnadzor Order of August 15, 2007 N 570
"On managing certification of hazardous waste (registered with the
Russian Ministry of Justice 17.08.2007 N 9996);
- The Russia’s MNR Order of December
24, 2003 N 1151 "On approving forms for the notification of
transboundary movement of wastes and waste movement document” (registered
with the Russian Ministry of Justice 02.02.2004 N 5515);
- The Russia’s
MNR Order of December 2, 2002 N 786 (in the version of 30.07.2003)
«Approving the Federal Classification Directory of Waste" (registered
with the Ministry of Justice of Russia 09.01.2003 N 4107);
- The Russia’s MNR Order of 2 December 2002 N 785
"On Approving the Hazardous
Waste Datasheet" (registered with the Ministry of Justice of Russia
16.01.2003 N 4128);
- The Russia’s MNR Order of 15 June
2001 N 511 "On approving criteria for determining a hazardous class
of waste on the basis of risks to the environment";
- Order of the State Environmental Committee of
Russia N 787, the Health Ministry of Natural Resources of the Russian
Federation N 396 N 256 Rosgortekhnadzor of Russia, the State Customs
Committee of Russia N 910 of December 31, 1998 "On approving
procedures for the supervision and control of transboundary movements of
hazardous wastes" (registered with the Ministry of Justice of Russia 16.06.1999
N 1805);
8.9.
The List of Regulations Governing Protection of Flora and Fauna and
Biodiversity Conservation
- On measures to ensure protection of marine
biological resources and state control in this area. The Decree of the
President of the Russian
Federation of August 29, 1997;
- Resolution of the Council of Ministers of 10
March 1975 N 195 "On measures to ensure fulfillment of the
obligations of the Soviet Party under the Convention between the
Government of the USSR and the Government of Japan for the protection of
migratory birds and birds of endangered species and their habitat» (as
amended of May 26, 1990);
- Resolution of the Council of Ministers of 19
March 1979 N 255 "On measures to ensure fulfillment of the
obligations of the Soviet Party under the Convention between the
Government of the USSR and the U.S. Government on the protection of
migratory birds and their habitat» (as amended of 26 May 1990);
- Resolution of the Council of Ministers -
Government of the Russian
Federation of October 4, 1993 N 1108
"On specially designated authorities for protection and regulation of
the use of wildlife";
- Resolution of the Government of the Russian Federation
of August 31, 1994 N 1007 "On ratification of the Convention on
Biological Diversity";
- Resolution of the Government of the Russian Federation
of 13 September 1994 N 1049 "On the conclusion of the Agreement on
the Protection and Use of Migratory Species of Birds and Mammals and their
Habitats";
- Resolution of the Government of the Russian
Federation of 13 September 1994 N 1050 "On measures to ensure
implementation of Russian commitments under the Convention on Wetlands of
International Importance Especially as Waterfowl Habitat, of February 2,
1971";
- Resolution of the Government of the Russian
Federation of 13 September 1994 N 1051 "On measures to ensure
implementation of the commitments of the Russian Party under the
Convention on International Trade in Endangered Species of Wild Fauna and
Flora, CITES, of March 3, 1973";
- Resolution of the Government of the Russian Federation
of 15 April 1996 N 457 "On designated authorities for the protection,
control and regulation of the use of wildlife and their habitat";
- Resolution of the Government of the Russian
Federation of 17 July 1996 N 823 "On Procedures of governmental record
keeping, replenishment, storage, purchase, sale, transfer, exportation
from and importation into the Russian Federation of zoological
collections";
- Resolution of the Government of the Russian Federation
of 18 July 1996 N 852 "On rules, timeframe and lists of permitted
gear and methods of taking and catch of wildlife";
- Resolution of the Government of the Russian
Federation of August 13, 1996 N 997 "On approving requirements to prevent loss of wildlife
in the carrying out of production processes, as well as in the operation
of highways, pipelines, communications and power transmission lines";
- Resolution of the Government of the Russian Federation
of 10 November 1996 N 1342 "On procedures for conducting state
registration, maintaining the state cadastre and state monitoring of
wildlife";
- Resolution of the Government of the Russian
Federation of January 6, 1997 N 13 "On approving the rules for taking
and catching of wildlife species listed in the Red Book of the Russian
Federation»;
- Resolution of the Government of the Russian Federation
of 19 January 1998 N 67 "On designated authorities for the
protection, control and regulation of the use of wildlife and their
habitat";
- Resolution of the Government of the Russian
Federation of 18 June 1999 N 652 "On Signing the Agreement between
the Government of the Russian Federation and the Administration of the
United States of America on the conservation and use of the
Alaska-Chukotka polar bear population";
- Resolution of the Government of the Russian
Federation of 18 June 1999 N 653 "On removing by the Russian
Federation the provisions concerning river otters included in Annex 1 of
the Convention on International Trade in Endangered Species of Wild Fauna
and Flora, CITES, of March 3, 1973";
- Resolution of the Council of Ministers of 14
February 1974 "On strengthening measures against pollution of sea
with substances hazardous to human health or marine living
resources";
- Resolution of the RSFSR Council of Ministers of
26 October 1973 N 554 "On approving
the list of rivers, their tributaries and other water bodies that
are spawning grounds for salmon and sturgeon";
- Resolution of the USSR Council of Ministers of 25
February 1977 «Procedures for the protection of fish and other resources
in the marine areas adjacent to the USSR coast";
- Resolution of the RSFSR Council of Ministers of
August 7, 1978 N 338 "On additions to the list of rivers, their
tributaries and other water bodies that are spawning grounds for salmon
and sturgeon";
- Resolution of the RSFSR Council of Ministers of
15 February 1979 N 97 "On additions to the list of rivers, their
tributaries and other water bodies that are spawning grounds for salmon
and sturgeon";
- Resolution of the USSR Council of Ministers of 17
February 1986 N 232 "On Approving
procedures for the use of living resources in the economic zone of
the USSR, as well as the use and protection of anadromous stocks of fish,
which are formed in the rivers of the Soviet Union, outside the economic
zone of the USSR";
- Resolution of the USSR Council of Ministers of 13
April 1990 N 377 "On Amendments and Additions to Procedures for the
use of living resources in the economic zone of the USSR, as well as the
use and protection of anadromous stocks of fish, that are formed in the
rivers of the Soviet Union, outside the economic zone of the USSR";
- Resolution of the RSFSR Council of Ministers of
15 July 1991 N 400 "On approving
the provisional rules of issuing permits for research and
exploration, as well as for tourism Activities in the marine areas adjacent
to the northern coast of the USSR";
- Resolution of the Government of the Russian Federation of 11 December 1992 N
967 "On Participation of the Russian Federation in the
International Convention for the Regulation of Whaling";
- Resolution of the Government of the Russian Federation of 11 June 1994 N 658
"On signing the Convention on the Conservation and Management of
Pollock Resources in the Central Bering Sea”;
- Resolution of the Government of the Russian Federation
of August 31, 1994 N 1007 "On Ratification of the Convention on
Biological Diversity"
- Resolution of the Government of the Russian
Federation of 13 September 1994 N 1051 "On measures to ensure
compliance of the Russian Party with the commitments arising from the
Convention on International Trade in Endangered Species of Wild Fauna and
Flora, CITES, of March 3, 1973";
- Resolution of the Government of the Russian Federation of 22 September 1994 N
1074 "On approval of and submission for ratification of the
Convention on the Conservation and Management of Pollock Resources in the Central Bering Sea”;
- Order of the Government of the Russian Federation
of 26 June 1995 N868-p “On approving permits for catches of fish and other
sea products in the exclusive economic zone and on the continental shelf
of the Russian Federation”;
- Order of the Government of the Russian Federation
of 26 September 1995 N 1343-p On Approving amendments to the Annex to the
International Convention for the Regulation of Whaling of 2 December 1946
Concerning the Extension of the Moratorium on Commercial Catches of Baleen
Whale”;
- Order of the Government of the Russian Federation of 27
September 1996 N 1455 P “On approving amendments to the Annex to the
International Convention for the Regulation of Whaling of 2 December 1946,
adopted at the 48-th Session of the International Whaling Commission”;
- Resolution of the Government of the Russian Federation
of 10 November 1996 N 1342 "On procedures of conducting state record
keeping, state cadastre and monitoring of wildlife";
- Resolution of the Government of the Russian
Federation of 16 November 1996 N 1372 "On approval of and submission
for ratification by the State Duma of the Federal Assembly of the Russian
Federation of the Agreement on implementing provisions of the United
Nations Convention on the Law of the Sea of 10 December 1982 relating to
the Management and Conservation of Straddling and Highly Migratory Fish
Stocks";
- Resolution of the Government of the Russian Federation
of 22 February 1997 N 192 "On the development of the World Ocean
Federal Targeted Program";
- Resolution of the Government of the Russian
Federation of 22 April 1997 N 457 "On the Government Commission for
coordination and operative decision-making concerning protection of living
resources in the territorial waters, on the continental shelf, in the
exclusive economic zone of the Russian Federation, the Caspian and Azov
Seas”;
- Resolution of the Government of the Russian Federation
of 19 January 1998 N 67 "On designated authorities for protection,
control and regulate of the use of wildlife and their habitat";
- Resolution of the Government of the Russian Federation of 26 January 1998 N 90
"On the implementation of the Decree of the President of the Russian Federation
of August 29, 1997 N 950 "On measures to ensure protection of marine
biological resources and state control in this area";
- Decisions of the Meeting of the Government of the
Russian Federation
of 18 June 1998 (Minutes N 23, item III) «On Integrated Approach to
Research, Development and Use of The Oceans"; (On approval in principle
of the draft World Ocean Program);
- Resolution of the Government of the Russian Federation of August 10, 1998 N 919
"On the World
Ocean Federal
Targeted Program";
- Resolution of the Government of the Russian Federation
of 14 December 1998 N 1490 "On measures to strengthen governance of
water biological resources";
- Resolution of the Government of the Russian Federation
of February 26, 1999 N 226 "On establishing the sectoral system of
marine biological resources monitoring, and the fishing vessels monitoring
and control";
- Order of Russia’s
MNR of October 21, 2002 N 699 "On maintaining and managing the Red
Book of the Russian
Federation» (with amendments of June 6,
2003)
- Order of Russia’s MNR of 06.04.2004 N 323 of the
approving Strategies for conservation of rare and endangered species of
wildlife, plants and fungi";
- Order of Russia’s
MNR of 27 April 2001 N 369 "On officials of the Ministry of Natural
Resources of the Russian
Federation, authorized to protect,
control and regulate the use of wildlife and their habitat";
- Order of Russia’s MNR of 10 June 2002 N 352
"On Approving the Statute for
Federal Environment Protection Service of the Ministry of Natural
Resources of the Russian Federation»;
- Order of Russia’s
MNR of October 28, 2003 N 961 "On the Action Plan for the
Implementation of the Environmental Doctrine of the Russian Federation for 2003 – 2005”;
- Order of Russia’s
MNR of September 3, 2003 N 798 "On Approving the Form of the Permit
(the Administrative License) on the Turnover of Wildlife Species Listed in
the Red Book of the Russian
Federation»;
- Order of Russia’s MNR of September 3,
2003 N 799 "On Approving Procedures for the Issue of Permits for the
Catches of Wildlife Species Listed in the Red Book of the Russian
Federation»;
- Order of Russia’s
MNR of 22 April 2003 N 342 "On approving guidelines for the
development of the state natural reserves and national parks of the Russian Federation
towards 2015";
- Order of Russia's MNR of 31 July 2002 N 363-p
"On Approving the Action Plan for the Implementation of the Decisions
of the Russian Government Concerning Implementation of Commitments of the
Russian Federation under the Convention on International Trade in
Endangered Species of Wild Fauna and Flora (CITES)”;
- Order of the State Environmental Committee of
Russia of October 3, 1997 N 419 and "On Approving Procedures for the
Maintenance of the Red Book of the Russian Federation»;
registered with the Russian Ministry of Justice on Dec. 24, 1997 N 1435;
- Order of the State Environmental Committee of
Russia of December 19, 1997 N 569 "On approving lists (lists) of
fauna species listed in the Red Book of the Russian Federation and
excluded from the Red Book of the Russian Federation”; registered with the
Russian Ministry of Justice re February 11, 1998, N1472;
- Order of the State Environmental Committee of Russia of May 12, 1998 N 290 "On
Approving Attachments to the Red Book of the Russian Federation»;
- Order of the State Environmental Committee of
Russia of November 5, 1999 N 659 "On amending the lists (list) of fauna
species registered in the Red Book of the Russian Federation (as of 1
November 1997)”; approved by Order of the State Environmental Committee of
December 19, 1997 N 569; registered with the Russian Ministry of Justice
on Feb. 3, 2000, N 2070;
- Order of the State Environmental Committee of
Russia of 11 February 2000 N 71 "On amendments and additions to the
list of wildlife species requiring special attention because of their
state in the environment”; approved by Order of the Russian State Environmental Committee of
May 12, 1998 N 290;
- Order of the State Environmental Committee of
Russia of September 24, 1998 N 542 "On maintaining the Red Book of
the Russian Federation»;
- Order of the USSR Ministry of Fisheries
Management of 30 June 1986 N 349 "On Rules for the Catches and
Protection of Marine Mammals";
- Order of the USSR Ministry of Fisheries
Management of 13 April 1983 N 187 "On the Angling and Sport Fishing
Rules";
- Order of the Russian Ministry of Natural
Resources of February 5, 1996 N 40 "On approving procedures for the
decision-making concerning the issue of licenses for the exportation of
resources of animal and phytogenous origin to be issued by the Ministry of
External Economic Relations of Russia";
- Order of the State Environmental Committee of
Russia of September 30, 1997 N 411 "On Approving the Zoological
Collections Statute”; registered with the Russian Ministry of Justice
April 8, 1998, N 150;
- Order of the State Environmental Committee of
Russia of September 30, 1997 N 411 "On Approving the Form of the
Registry of Zoological Collections, as recorded in the State
Registry"; registered with the Russian Ministry of Justice April 8,
1998, N 1507;
8.10.
The List of Regulations Governing Compensation for Damages to the Environment
from Economic Activities
- Procedures for determining the amount of damage
from land pollution with chemical substances; approved by the letter of
Ministry of Natural Resources and Russian Committee of Land Resources N
04-25 N 61-5678 of December 27, 1993;
- Methodology for determining the amount of damage
from soil and land degradation (approved by Order of the Russian Committee
of Land Resources, July 29, 1994 N 3-14-2/1139);
- Methodology for calculating the amount of damage
to water bodies because of water legislation violations (approved by Order
of the Ministry of Natural Resources of the Russian Federation of 13 April
2009 N 87);
- Methodology for calculating the amount of damage
to wildlife species listed in the Red Book of the Russian Federation, as
well as to other wildlife species that are not rated as hunting and
fishing game, and their habitats (approved by Order of the Russia's MNR of
28 April 2008 N 107);
- Methodology for calculating the amount of damage
to forests, including forest plantations, or to trees, shrubs and climbers,
that are not rated as forest plantations, caused by forest law violations
(approved by Resolution of the Government of the Russian Federation of May
8, 2007 N 273);
- Resolution of the Government of the Russian Federation
of August 18, 2008 N 625 "On determining the amount of damage to
marine biological resources, which should be deemed as substantial
damage";
- Resolution of the Government of the Russian Federation
of 25.05.1994 N 515 "On approving fixed charges for calculating the
amount of compensation payment for damage caused by destruction, illegal
taking or catches of water biological resources";
- Resolution of the Government of the Russian Federation
of 26.09.2000 N 724 "On changing fixed charges for calculating the
amount of compensation payment for damage to water biological
resources";
- Resolution of the Government of the Russian
Federation of 07.05.2003 N 262 "On approving rules for paying
compensation to land plot owners, land users, landholders and land plot
tenants for losses caused by the withdrawal or temporary occupation of
land, limitation of the rights of land plot owners, land users,
landholders and land plot tenants, or by land degradation as a result
other persons Activities";
- Resolution of the Government of the Russian Federation
of 08.05.2007 N 273 "On calculating the amount of damage caused to
forests because of forest law violations";
- Order of the Ministry of Natural Resources of the
Russian Federation of 04.05.1994 N 126 "On approving fixed charges
for calculating the amount of compensation payment for damage caused by
illegal hunting and destruction of fauna and flora" (registered with
the Russian Ministry of Justice 6/6/1994);
- Order of the Russia’s Ministry of Agriculture of
25.05.1999 N 399 "On approving fixed charges for calculating the
amount of compensation payment for damage inflicted by individuals and
legal entities through illegal taking or destruction of game fauna
species” (registered with the Russian Ministry of Justice 06/24/1999);
- Methodology for calculating damage to fisheries
caused by violations of the fishing and fish stocks conservation rules
(approved by Order of the USSR Ministry of Fisheries Management 12.07.1974
N 30-2-02);
- Methodology for calculating damages caused by
marine pollution in the USSR
economic zone (approved by joint Order of the Ministry of Water Resources
of the USSR
and the USSR Ministry of Fisheries Management, 1987);
- The provisional Methodology for estimating damage
to fish stocks as a result of construction, refurbishment and expansion of
enterprises, structures and other facilities and carrying out various
works on fisheries waters; approved by USSR State Environmental Committee
on 10/20/1989;
- Methodology for assessing damage and calculating
the amount of loss from destruction of wildlife and disturbance of their
habitat; approved by the State Environmental Committee of Russia on
28.04.2000;
- Procedures for determining the amount of damage
from land pollution by chemicals; approved by the Committee of Land
Resources of the Russian Federation on 10.11.1993 and the Ministry of
Natural Resources of the Russian Federation on 18.11.1993;
- Methodology for determining environmental damage
from trunk pipelines accidents; approved by the Russian Energy Ministry of
01.11.1995;
- Recommended guides on the assessment of and
compensation for damage caused to the environment as a result of
environmental violations; approved by Order of the State Environmental
Committee of Russia, 06.09.1999;
- Methodology for calculating the amount of damage
from groundwater contamination (approved by Order of the State
Environmental Committee of Russia of 11.02.1998 N 81);
- Methodology for determining the amount of damage
from land and soil degradation; approved by the Ministry of Natural
Resources of the Russian Federation and Committee of Land Resources of the
Russian Federation, 11.07.1994 08.07.1994;
- Guidelines for calculating the amount of damage
to land plot owners, land users, landholders and land plot tenants by
withdrawal of land for the government or municipal needs or by temporary
occupation of land, limitation of rights of land plot owners, land users,
landholders and land plot tenants, or by land degradation as a result of
other persons and entities Activities; approved by Committee of Land
Resources of the Russian Federation, 03/11/2004;
- Methodology for calculating the amount of damage
to water bodies from water legislation violations; approved by Order of
the Russia's
MNR of 30.03.2007 N 71;
- Order of the Ministry of Natural Resources of the
Russian Federation
of March 9, 2003 N156 «On approving guides for the determination of the
lower level of oil and oil products spills to classify an accident spill
as an emergency";
- Order of the Ministry of Natural Resources of the
Russian Federation of
28 December 2004 N 621 "On approving rules for the development and
approval of Oil and Oil Product Spills Prevention and Response Plans for
the Russian Federation»;
8.11.
The List of Federal Acts and Regulations Governing the Forecasting, Prevention
and Cleanup of Oil Spills Emergencies
- Federal Act on Jan. 2, 2000 N 151-FZ "On
Emergency and Rescue Services and Status of Rescuer Workers"
- Resolution of the Government of the Russian Federation, January 19, 2000 N44
«On procedures for the establishment, operation and use of artificial
islands, installations and facilities in the inland waters and territorial
sea of the Russian
Federation»;
- Resolution of the Government of the Russian Federation
of August 3, 1996 N924 «On the resources and means of the integrated state
system of emergency prevention and management";
- Resolution of the Government of the Russian
Federation of 10 November.96 N 1340 "On procedures for establishing
and using physical resources reserves in response to technological and
natural emergencies";
- Resolution of the Government of the Russian Federation
of 30 December 2003 N 794 "On the integrated state system of
emergency prevention and management”;
- Resolution of the Government of the Russian Federation of 21 August 2000 N613
«On urgent measures for the cleanup of accidental oil and oil product
spills in the territory of the Russian Federation»;
- Resolution of the Government of the Russian Federation of 15 April 2002 N240
«On procedures for managing prevention and cleanup of accidental oil
spills in the territory of the Russian Federation»;
- Resolution of the Government of the Russian
Federation of 15 January 1991 N 48 "On measures to strengthen
maritime safety, to improve rescue and cleanup management related to the
spills of oil, oil products and other adverse chemicals in the sea";
- RD 31.04.23-94. Manual on preventing pollution
from vessels (recommendations to vessels with respect to compliance with
the requirements of MARPOL 73/78 and the Russian legislation on the
prevention of pollution of the marine environment from ships);
- RD 31.04.01-90. Rules for the cleanup of polluted
ports water areas;
- RD 31.04.17-97. Rules for registration of
transactions with oil, oil products, and other hazardous substances – that
are harmful to human health or marine living resources - and their mixtures,
as made by vessels and other floating facilities;
- STO 318.4.02-2005 Rules for the application of
dispersants for oil spill cleanup; Adopted and promulgated by Decision of
TK 318 "Morflot” N2 of 01.11.2005;
- STO 318.04.02 - 2008 "Minimum equipment setup
standards for professional emergency and rescue units of FGU “The State
Marine Rescue Service of Russia”, engaged in the cleanup of oil spills on
sea";
8.12.
The List of Federal Acts and Regulations to Ensure Radiation (Radioecological)
Safety
- The Convention on Nuclear Safety (Vienna, 21
September 1994);
- Vienna Convention on Civil Liability for Nuclear
Damage, of May 21, 1963 (as amended by the Protocol of 12 September 1997);
- Federal Act of November 21, 1995 N 170-FZ «On the
Use of Nuclear Energy";
- Federal Act of January 9, 1996 N 3-FZ «On
Radiation Safety";
- Federal Act of 30 March 1999 N 52-FZ «On Sanitary
and Epidemiological Welfare";
- Federal Act of 10 January 2002 N 7-FZ «On
Environmental Protection";
- Federal Act of 21 December 1994 N 68-FZ «On
Protection of Population and Territories from Natural and Technological
Emergencies";
- Federal Act of 27 December 2002 N184-FZ «On
Technical Regulation”;
- Federal Act of December 1, 2007 N 317-FZ «On the
State Nuclear Energy Corporation “Rosatom”;
- Resolution of the Government of the Russian Federation of May 29, 2008 N 404
"On the Ministry of Natural Resources and Environment of the Russian Federation»;
- Presidential Decree of May 12, 2008 N 724
"Matters Related to the System and Structure of Federal Executive
Authorities";
- Resolution of the Government of the Russian Federation
of 30 July 2004 N 401 "On the Federal Service for Environmental,
Technological and Nuclear Supervision";
- Resolution of the Government of the Russian
Federation of July 3, 2006 N 412 "On federal executive authorities
engaged in governance of nuclear energy and safety regulation of the use
of nuclear energy";
- Fundamentals of the national policy for nuclear
and radiation safety of the Russian
Federation towards 2010 and Beyond, (approved by the
President of the Russian
Federation, December 4, 2003, Pr-2196);
- Order of the Government of the Russian Federation of 29.12.2008 N 2046-p /
/ Collection of Laws of the Russian Federation of 12
January 2009 N 2 tbsp. 331;
- Legal and State Infrastructure for Nuclear
Safety, Radiation Safety, Radioactive Waste and Transport Safety. IAEA, N
GS-R-1;
- "Nuclear Safety Rules for Nuclear Fuel Cycle
Facilities (NP-063-05)
- Sanitary Rules SP 2.6.1.758-99 "Ionizing
Radiation, Radiation Safety. Radiation Safety Standards (NRB-99)”
(approved by the Chief State Sanitary Inspector of the Russian Federation July 2,
1999);
- Sanitary Rules SP 2.6.1.799-99 "Basic
Sanitary Rules for Radiation Safety (OSPORB-99)” (approved by the Chief
State Sanitary Inspector of Russia on Dec. 27, 1999);
- Federal Act of 21 July 1997 N 116-FZ «On
Industrial Safety of Hazardous Production Facilities";
- General Safety Provisions for Nuclear Plants
Concerning Design, Construction and Operation of Plants (OPB-82) / /
Energoatomizdat, Moscow
1984;
- Presidential Decree of 11 July 2004 N 868
"Matters of the Ministry of Emergency Management and Civil Defense of
the Russian Federation";
- Order of the Federal Service for Environmental,
Technological and Nuclear Supervision of July 1, 2008 N 456 "On
approval and promulgation of the procedures concerning participation of
the headquarters, inter-regional territorial units for the supervision of
nuclear and radiation safety of the Federal Service for Environmental,
Technological and Nuclear Supervision to ensure operation of the system
for the certification of equipment, products and technologies for nuclear
facilities, sources of radiation and storage points";
- Resolution of the Government of the Russian
Federation of December 1, 1997 N 1511 "On approving procedures for
the development and approval of federal standards and rules for nuclear
energy use and the list of federal standards and rules for nuclear energy
use";
- The list of regulations and regulatory documents
related to the Federal Service for Environmental, Technological and
Nuclear Supervision P-01-01-2007 / / "Nuclear and Radiation
Safety", 2007, N 3, 2008, N 2;
- Resolution of the Government of the Russian Federation
of August 13, 1997 N 1009 "On approving rules for the preparation of
normative legal acts of federal executive authorities and their state
registration";
- Resolution of the Government of the Russian Federation
of 14 July 1997 N 865 "On approving the procedures for licensing
activities associated with the use of nuclear energy";
- Order of the Federal Service for Environmental,
Technological and Nuclear Supervision of 22 December 2006 N 1115 "On
the approval and promulgation of the requirements for the structure of the
set of documents and their content justifying measures to ensure nuclear
and radiation safety of nuclear installations, radiation sources, a point
of storage of nuclear material, storage of radioactive waste and/or
declared Activity (for nuclear power plants)" (registered with the
Ministry of Justice Russia, 5 March 2007, registration N 9012);
- Order of the Ministry of Natural Resources and
Environment of the Russian Federation of 16 October 2008 N 262 "On
Approving SOP of the Federal Service for Environmental, Technological and
Nuclear Supervision Service Concerning the State Function of Licensing the
Nuclear Energy Related Activities" (registered with the Ministry of
Justice of the Russian Federation 17 December 2008, re N 12877);
- Procedures for expert review of documents
justifying measures to ensure nuclear and radiation safety of nuclear
installations, radiation sources, point of storage and/or the quality of
the declared Activities (RD-03-13-99);
- Order of the Federal Service for Environmental,
Technological and Nuclear Supervision of January 10, 2006 N 3 "On the
approval and promulgation of the requirements for the structure of the set
of documents and their content proving the organization's capacity to
carry out expert review related to the use of nuclear energy";
- Resolution of the Government of the Russian
Federation of March 3, 1997 N 240 "On approving the list of job
positions in nuclear energy use facilities that must have the permission
of the Federal Service for Environmental, Technological and Nuclear
Supervision Service for works related to the use of nuclear energy";
- Order of the Federal Service for Environmental,
Technological and Nuclear Supervision of 21 November 2008 N 910 "On
the issue of permits to employees (personnel) of the transformed
operators”;
8.
13. The list of Regulations and Information Documents Related to the Implementation
of the Kyoto
Protocol and Prevention of Adverse Climate changes
- Assessment report on climate change and its
consequences in the territory of the Russian Federation/Rosgidromet. 2008;
- Stern. N. Key Elements of a Global Deal on
Climate Change / The London
School of Economics
and Political Science. 2008. 56 p.
- IPCC, 2001 (IPCC): Climate Change 2001. Third
Assessment Report of the Intergovernmental Panel on Climate Change.
Summary for Policy Makers;
- IPCC Fourth Assessment Report. Working Group 1.
Climate Change 2007. The Physical Science Basis.
- Strategic forecast of climate change in the Russian Federation
towards 2010-2015, and its impact on the Russian economic sectors/Federal
Service for Hydrometeorology and Environmental Monitoring (Rosgidromet). -
M.: 2005, 28 p.;
- Fourth National Communication of the Russian Federation to the UNFCCC and the Kyoto Protocol /
Federal Service for Hydrometeorology and Environmental Monitoring. Moscow: ANO
MeteoAgency of Hydrometeorology, 2006. 164.
- Resolution of the Government of the Russian Federation
of 28 May 2007 N332 «On procedures for the approval and verification of
the progress of projects that are implemented in accordance with Article 6
of the Kyoto Protocol to the UN Framework Convention on Climate
Change"
- Order of the Ministry of Natural Resources of the
Russian Federation, the Ministry of Economic Development and Trade of the
Russian Federation «On approving the procedures for the establishment and
maintenance of the Russian carbon units registry” of September 5, 2007;
- Order of the Ministry of Economic Development and
Trade of the Russian
Federation of 30 November 2007 N422 “On
approving the limit values of greenhouse gas emissions reduction";
- Order of the Ministry of Economic Development and
Trade of the Russian Federation of 30 November 2007 N424 «On Approving the
Statute of the Commission for the Review of Applications to Approve
Projects Implemented in Accordance with Article 6 of the Kyoto Protocol to
the UN Framework Convention on Climate Change";
- Order of the Ministry of Economic Development and
Trade of the Russian Federation of 20 December 2007 N444 «On Approving the
Statute of the Commission for the Review of Applications to Approve
Projects Implemented in Accordance with Article 6 of the Kyoto Protocol to
the UN Framework Convention on Climate Change";
- Order of the Ministry of Economic Development and
Trade of the Russian Federation of February 1, 2007 N21 «On Approving
Membership of the Commission for the Review of Applications to Approve
Projects Implemented in Accordance with Article 6 of the Kyoto Protocol to
the UN Framework Convention on Climate Change"
- Minutes of the meeting of the Commission for the
Review of Applications to Approve Projects Implemented in Accordance with
Article 6 of the Kyoto Protocol to the UN Framework Convention on Climate
Change, N1 of February 21, 2008;
- Order of the Ministry of Economic Development and
Trade of the Russian
Federation of 14 March 2007 N70 «On
approving the list of independent expert organizations";
- Order of the Government of the Russian Federation of 27 June
2009 N 884-p;
- Resolution of the Government of the Russian
Federation of 28 October 2009 N 843 "On measures for implementing
Article 6 of the Kyoto Protocol to the UN Framework Convention on Climate
Change";
- Order of the Ministry of Economic Development of
the Russian Federation
of November 23, 2009 N 485 "Rules for the competitive selection of
proposals to be submitted with the aim of approving projects in accordance
with Article 6 of the Kyoto Protocol to the UN Framework Convention on
Climate Change"
- Resolution of the Government of the Russian Federation
of 19.10.1996 N 1242 (as amended on 30.12.2000) "On the
"Prevention of Dangerous Climate Change and its Adverse Effects"
Federal Targeted Program;
- Resolution of the Government of the Russian
Federation of 28.05.2007 N 332 (in the version of 14.02.2009) "On
procedures for approving and verifying the implementation of projects in
accordance with Article 6 of the Kyoto Protocol to the UN Framework Convention
on Climate Change";
- Order of the Government of the Russian Federation of
20.02.2006 N 215-p "On the Establishment of the Russian Registry of
Carbon Units";
- Order of the Government of the Russian Federation
of 01.03.2006 N 278-p (In the version of 10.03.2009) "On
establishment of the Russian system for the assessment of anthropogenic
emissions from sources and removal by sinks of greenhouse gases that are
not controlled by the Montreal Protocol on Substances that Deplete the
Ozone Layer, adopted in Montreal on 16 September 1987";
- Order of the Government of the Russian Federation
of 15.12.2006 N 1741-p "On appointing the federal state-owned unitary
enterprise "Federal Centre for Geo-Environmental Systems" as the
administrator of the Russian registry of carbon units";
- Order of the Government of the Russian Federation of 16.04.2008 N 506-p
"On the draft model international agreement between the Government of
the Russian Federation
and foreign governments on facilitating the implementation of projects in
accordance with Article 6 of the Kyoto Protocol to the UN Framework
Convention on Climate Change, of 11.12. 1997";
- Order of the Government of the Russian Federation of 04.05.2008 N 616-p
"On adopting by the Russian
Federation of the amendment to Annex
“B” to the Kyoto Protocol to the United Nations Convention on Climate
Change";
- Order of the Russia’s MNR N 12, of the Economic
Development and Trade of the Russian Federation N 148 of 07.05.2007
"On approving the procedures for the establishment and maintenance of
the Russian registry of carbon units" (registered with the Ministry
of Justice of Russia 20.08.2007 N 10033);
- Order of the Ministry of Industry and Energy of
the Russian Federation of 22.01.2008 N 15 (in the version of 12.05.2008)
"On the organization of the review and verification of projects
progress implemented in accordance with Article 6 of the Kyoto Protocol to
the UN Framework Convention on Climate Change" (with the
"Statute of the Commission for the review and facilitation of the
progress of projects in the energy and industry sectors implemented in
accordance with Article 6 of the Kyoto Protocol to the UN Framework
Convention on Climate Change);
- Order of the Ministry of Economic Development of
25.05.2005 N 107 "On Interagency Commission on Matters Associated
with the Implementation of the Kyoto
Protocol in the Russian
Federation";
- Order of the Ministry of Economic Development of
30.11.2007 N 422 "On approving the limit values of greenhouse gases
reduction" (registered with the Ministry of Justice of Russia
21.12.2007 N 10790);
- Order of the Ministry of Economic Development of
30.11.2007 N 424 "On Commission for the Review of Applications to
Approve Projects Implemented in Accordance with Article 6 of the Kyoto Protocol to the UN Framework
Convention on Climate Change" (registered with the Ministry of
Justice of Russia 14.01.2008 N 10884);
- Order of the Ministry of Economic Development of
20.12.2007 N 444 "On the approval of Recommended Guides for review of
project documentation (registered with the Ministry of Justice of Russia
28.01.2008 N 11013);
- Order of the Ministry of Economic Development of
14.10.2008 N 331 "On Approving
the form of the data sheet of projects implemented in accordance
with Article 6 of the Kyoto Protocol to the UN Framework Convention on
Climate Change" (registered with the Ministry of Justice of Russia
17.11.2008 N 12670);
- Order of the Ministry of Economic Development of
11.01.2009 N 1 "On an Independent Panel of Experts with the Ministry
of Economic Development of the Russian Federation to provide information
and analytical support to the review of approval applications for projects
to be implemented in accordance with Article 6 of the Kyoto Protocol to
the UN Framework Convention on Climate Change, and Economic Development of
Russia";
- Hydromet Order of 23.03.2001 N 40 "On
approving the procedures for the centralized record keeping of documents
concerning emissions and sinks of greenhouse gases and the results of
climate projects that reduce anthropogenic emissions or increase sinks of
greenhouse gases as implemented by business entities operating in the
territory of the Russian Federation" (registered with the Russian
Ministry of Justice 21.05.2001 N 2719);
- Hydromet Order of 30.06.2006 N 141 "On
approving procedures for the establishment and operation of the Russian
system for the assessment of anthropogenic emissions from sources and
removals by sinks of greenhouse gases" (registered with the Ministry
of Justice of Russia
29.09.2006 N 8335);
- Order of the Ministry of
Economic Development of 15.08.2008 N 248 "On approving standard
targets of project effectiveness and their limit values" (registered
with the Ministry of Justice of Russia 15.09.2008 N 12286).
8.14.
List of International Environmental Treaties
|
N
|
International
Convention
(treaty)
|
Place and
year of signing
|
Year of
entry into force
|
Russia’s state
|
|
General documents
|
|
1
|
Convention for the Protection of World
Cultural and Natural Heritage
|
Paris, 1972
|
1975
|
Party (USSR ratified in 1988)
|
|
2
|
UNECE Convention on Environmental Impact
Assessment in a Transboundary Context
|
Espoo, 1991
|
1997
|
Observer (USSR signed in 1991, Russia failed to ratify)
|
|
3
|
The Protocol on Strategic Environmental
Assessment to the UNECE Convention on Environmental Impact Assessment in a
Transboundary Context
|
Kiev, 2003
|
2010
|
|
|
4
|
The UNECE Convention on Access to
Information, Public Participation in Decision-making and Access to Justice in
Environmental Matters (Aarhus Convention)
|
Aarhus,
1998
|
2002
|
Observer (unsigned)
|
|
5
|
The Agreement on Cooperation of CIS Countries
in the field of Ecology And Environmental Protection
|
Moscow. 1992
|
1992
|
Party from 1992
|
|
6
|
The Agreement of the CIS Countries on
Cooperation in Environmental Monitoring
|
Saratov, 1999
|
1999
|
Party from 1999
|
|
Documents on the Protection of Natural Conditions,
Environment Components, Territories and Water Areas
|
|
7
|
The Antarctic Treaty
|
Washington, 1959
|
1961
|
Party (USSR ratified in 1959)
|
|
8
|
The Convention on the Prevention of
Marine Pollution from Ships Dumping of Wastes and Other Matter (London Convention)
|
London,
1972
|
1975
|
Party (USSR ratified in 1975)
|
|
9
|
Convention on the Long-Range
Transboundary Air Pollution (LRTAP)
|
Geneva, 1979
|
1980
|
Party ñ 1983
|
|
10
|
The
Protocol to LRTAP on the Reduction Of Sulfur Emissions or Their Transboundary
Fluxes by At Least 30%
|
Helsinki,1985
|
1987
|
Party
|
|
11
|
The
Protocol to the LRTAP - Control of Emissions of Nitrogen Oxides or their
Transboundary Fluxes
|
Sofia, 1988
|
1991
|
Party
|
|
12
|
The
Protocol to the LRTAP - Control of Emissions of Volatile Organic Compounds or
their Transboundary Fluxes
|
Geneva, 1991
|
1997
|
Observer
|
|
13
|
The
Protocol to LRTAP and the Further Reduction Of Sulfur Emissions
|
Oslo, 1994
|
1998
|
Observer (not signed)
|
|
14
|
The
Protocol to the LRTAP Convention on Persistent Organic Pollutants
|
Aarhus,
1998
|
2003
|
Observer (not signed)
|
|
15
|
The
Protocol to the LRTAP on Heavy Metals, 1998
|
Aarhus, 1998
|
2003
|
Observer
|
|
16
|
Protocol
to LRTAP to Abate Acidification, Eutrophication and Ground-level Ozone
|
Geteborg, 1999
|
2005
|
Observer
|
|
17
|
The Vienna Convention for the Protection of the
Ozone Layer
|
Vienna, 1985
|
1988
|
Party since 1986
|
|
18
|
The Montreal Protocol on Substances that
Deplete the Ozone Layer
|
Montreal, 1987
|
1989
|
Party sonce 1987
|
|
19
|
The Protocol on Environmental Protection
to the Antarctic Treaty (Madrid
Protocol)
|
Madrid, 1991
|
1998
|
Party
|
|
20
|
The Convention on the Protection and Use
of Transboundary Watercourses and International
Lakes
|
Helsinki, 1992
|
1996
|
Party
|
|
21
|
The Convention for the Protection of the
Marine Environment of the Baltic Sea Area (Helsinki Convention, or HELCOM)
|
Helsinki, 1992
|
1993
|
Party since 1993
|
|
22
|
The Convention for the Protection of the
Black Sea dated Pollution (Bucharest
Convention)
|
Bukharest, 1992
|
1993
|
Party since 1993
|
|
23
|
The United Nations Framework Convention
on Climate Change (UNFCCC)
|
New-York, 1992
|
1994
|
Party since 1994
|
|
24
|
The UN Convention to Combat
Desertification
|
Paris, 1994
|
1996
|
Party since 2003
|
|
25
|
The Kyoto Protocol to the UNFCCC
|
Kyoto, 1997
|
2005
|
Party since 2005
|
|
26
|
The International Convention on the
Control and Management of Ships' Ballast Water
|
2004
|
Not in force
|
Russia failed to sign
|
|
27
|
The International Convention on the
Control of Harmful Anti-Fouling Systems on Ships
|
2001
|
2008
|
Party
|
|
28
|
The Oslo-Paris Convention for the
Protection of Marine Environment of the North-East
Atlantic (OSPAR)
|
Paris, 1992
|
1998
|
|
|
29
|
The International Convention for the
Prevention of Pollution from Ships (MARPOL 73/78)
|
London, 1973
|
1983
|
Party since 1983
|
|
30
|
The International Convention for the
Prevention of Marine Pollution by Oil
|
London, 1954
|
1958
|
For the USSR, the Convention has been in
force since 1969
|
|
31
|
The Convention on Civil Liability for
Oil Pollution Resulting From Exploration And Exploitation Of Marine Mineral
Resources
|
London, 1977
|
Not in force
|
|
|
Documents
on Environmental Protection from Hazardous Activities
|
|
32
|
The Convention on the Control of
Transboundary Movements of Hazardous Wastes and their Disposal (Basel Convention)
|
Basel, 1989
|
1992
|
Party since 1995
|
|
33
|
The UNECE Convention on the
Transboundary Effects of Industrial Accidents
|
Helsinki, 1992
|
2000
|
Party since 1993
|
|
34
|
The Rotterdam Convention on Prior Informed
Consent Procedure for Certain Hazardous Chemicals and Pesticides in
International Trade
|
Rotterdam, 1999
|
2004
|
Observer
|
|
35
|
The Stockholm
Convention on Persistent Organic Pollutants (Stockholm Convention)
|
Stockholm, 2001
|
2004
|
Observer (signed in
2002 but not ratified)
|
|
36
|
The Convention on Civil Liability for
Damage Resulting from Activities Dangerous to the Environment
|
Geneva, 1989
|
Not in force
|
|
|
Fauna Protection Documents
|
|
37
|
The Convention on Wetlands of
International Importance especially as Waterfowl Habitat (Ramsar Convention)
|
Ramsar (Iran), 1971
|
1975
|
Party since 1976 (as
part of the USSR)
|
|
38
|
The Agreement on the Conservation of
Polar Bears
|
Oslo, 1973
|
1976
|
Party (hunting banned
since 1956)
|
|
39
|
The Convention on International Trade in
Endangered Species of Wild Fauna and Flora (CITES)
|
Washington, 1973
|
1975
|
Party since 1992
(USSR joined in 1976)
|
|
40
|
The Convention for the Protection of
Wild Flora and Fauna and Natural Habitats (Bern Convention)
|
Bern, 1979
|
1982
|
Observer
|
|
41
|
The Convention for the Protection of
Migratory Species (Bonn
Convention)
|
Bonn, 1979
|
1983
|
Observer
|
|
42
|
The Convention on Biological Diversity
|
Rio
De Janeiro, 1992
|
1993
|
Party since 1994
|
8.15.
A list of the most important multilateral documents prepared as the joint
effort of the Arctic States
- The Arctic Environmental Protection Strategy
(Rovaniemi, 14 June 1991)
- The Inuvik
Declaration on Environmental Protection and Sustainable Development in
the Arctic, 1996
- Declaration on the Establishment of the Arctic
Council, 1996
- Ikaliut Declaration, 1998
- The Mandate of the Arctic Sustainable
Development Program, 1998
- The Arctic Council Action Plan to Eliminate
Pollution in the Arctic (ACAP), 2000
- The Arctic Climate Impact Assessment (ACIA),
2000
- Reykjavik
Declaration, 2004
- The Arctic Marine Strategic Plan, 2004
- Arctic Waters Oil Transfer Guidelines, 2004
- The Arctic Council Sustainable Development
Action Plan, 2004
- Salehard Declaration, 2006
- Declaration of Tromso, 2009
- The Arctic Offshore Oil and Gas Guidelines
(Guidelines for environmentally friendly offshore oil and gas development
in the Arctic), 2009
i.
Maps of Arctic Resources under Threat of Oil
Pollution, 2002
- The Arctic Offshore Oil and Gas Guidelines, 2002
(reviewed and approved by the Arctic Council in 2009)
- The Shoreline Cleanup Technology Assessment
Manual, 2004
- The Arctic Council Regional Action Programme on
Protecting of the Arctic Marine Environment from Land-Based Sources,
2009;
- Assessment of the Arctic Oil and Gas Activities:
the impacts and potential impacts, 2009
- Evaluation of the Arctic Maritime Activities,
2009
- A State of the Arctic Environment Report, 1997,
2002, 2009
8.16.
A list of the main legislative acts of Norway, aimed at the environment
conservation in the Arctic
·
1963 N 12. Act relating to scientific research and
exploration for and exploitation of subsea natural resources other than
petroleum resources.
·
17.6. 1966 N 19. Act relating to Norway's fishery limit and
prohibition against fishing etc. by foreign nationals inside the fishery limit.
With amendments of 1st October 1994 Ministry of Foreign Affairs.
·
19.6. 1970 N 63. Nature Conservation Act
·
20.12. 1974 N 73. The Wildlife Welfare Act.
·
1975 N 35. Act relating to the taxation of subsea
petroleum deposits etc. [Petroleum Taxation Act]. Last amended by Act
2005-12-09-109 Ministry of Finance.
·
17.12. 1976 N 91. Act relating to the economic zone of
Norway. Note: With supplement: Royal decree of 17th December 1976 relating to
the establishment of the economic zone of Norway.
·
9.6. 1978 N 50. Act concerning the cultural heritage
[Cultural Heritage Act].
·
13.3. 1981 N 6. Act relating to protection against
pollution and relating to waste [The Pollution Control Act].
·
29.5. 1981 N 38. Act relating to wildlife and wildlife
habitats. [The Wildlife Act].
·
3.6. 1983 N 40. Act relating to sea-water fisheries,
etc.
·
8.6. 1984 N 51. Act relating to harbors and fairways
[The Harbour Act]. Translated November 1994 Ministry of Foreign Affairs.
·
1990 N 36. Act on the Government Petroleum Fund.
Amended by Act N 1999 of 20 December 1996 Norges bank.
·
21.12. 1990 N 72. Act relating to CO2 tax in the
petroleum Activity on the continental shelf. Amendments as of June 2000.
·
15.5. 1992 N 47. Act relating to Salmonids and
Fresh-Water Fish etc
·
24.6. 1994 N 39. The Norwegian Maritime Code. With
later amendments up to and including Act of 2 August, 1996, no 2. Amended
latest on 15 June 2001 Norwegian Post and Telecommunications Authority. Note:
Annulled by Act 2003-07-04-83.
·
29.11. 1996 N 72. Act relating to petroleum
Activities.
·
22.5. 2000 N 36. Act on radiation protection and use
of radiation.
·
24.11. 2000 N 82. Act relating to river systems and
groundwater [Water Resources Act].
·
21.12. 2000 N 118. Act relating to sea-ranching.
·
15.6. 2001 N 79. Act relating to the protection of the
environment in Svalbard [Svalbard
Environmental Protection Act].
·
9.5. 2003 N 31. Act relating to the right to
environmental information and participation in decision-making processes
relating to the environment [Environmental Information Act].
·
17.12. 2004, N 99. Act relating to greenhouse gas
emission allowance trading and the duty to surrender emission allowances
[Greenhouse Gas Emission Trading Act].
·
27.5. 2005 N 31. Act relating to forestry [Forestry
Act].
·
17.6. 2005 N 85. Act relating to legal relations and
management of land and natural resources in the county of Finnmark
[Finnmark Act].
8.17.
A List of the Main Legal Acts of Denmark,
Aimed at Environment Conservation in the Arctic
- The Forest Act N
383 of July 7, 1989
- Act N 420 of June 13, 1990, on Waste Deposits
- Consolidated Act N 404 of May 19, 1992 on Water
courses
- N 292 of April 27, 1994, on Access to Information
Relating to the Environment "Environmental Information Act"
- Act N 394 of May 22, 1996 Amending the Act on the
Protection of the Marine Environment, the Safety of Ships Act, and the
Merchant Shipping Act (Amendments by reason of the Exclusive Economic
Zones Act)
- Act on Raw Materials in 1997
- Contaminated Soil Act No 370 of 2 June, 1999
- Planning Act of June 28, 1999
- Act on Safety on offshore Installations for
Exploration, Extraction and Transportation of Hydrocarbons. Came into
force on 1 July 2006
8.18.
List of main U.S. Acts Aimed
at Environment Conservation in the Arctic
- The Act on the National Environmental Policy,
1969. (Federal Environmental Act)
- The Surface Mining Control and Reclamation Act,
1977;
- The Superfund Act, 1980; Comprehensive
Environmental Response, Compensation and Liability Act – CERCLA;
- The Marine Protection, Research and Sanctuaries
Act, 1972
- Section 18, the Outer Continental Shelf Lands
Act;
- The Coastal Zone Management Act, 1972;
- The Oil Pollution Act, 1990;
- The Magnuson-Stevens Fisheries Conservation and
Management Act; (effective in the version of October 11, 1996);
- The Fur Seals Act, 1966
- The Marine Mammal Protection Act, 1972;
- The Endangered Species Act, 1973
- The Fisheries and Wildlife Act, 1956
- The Act on the Agreement on implementing the UN
Convention on the Law of the Sea Relating to the Conservation Management
of Straddling and Highly Migratory Fish Stocks, 1996;
- The Fish Stocks and Wildlife Improvement Act,
1978
- The North Pacific Halibut Act, 1937
- The North Pacific Fisheries Act, 1954
- The Anadromous Fish Catch Act, 1947
- The Atlantic Tunas Convention Act, 1975
- The Pacific Tunas Convention Act, 1950
- The Pacific Salmon Agreement Act, 1986
- The Anadromous Fish Conservation Act, 1975
- The Whaling Convention Act, 1949
UNEP/GEF Project “