UNEP/GEF Project “Russian Federation - Support to the National Programme of Action for the Protection of the Arctic Marine Environment”

 

5th Steering Committee Meeting

24-25 March 2011

UN Building, 9 Leontyevskiy Lane, Moscow

 

 

 

 

 

 

 

 

 

Report

On the Fifth Meeting of the Project Steering Committee

______________________________________________

 

 

Prepared by:                        the Project Office

Status:                                   approved

 


 

 

Table of Annexes

 

Annex I               List of Participants in the Project Steering Committee Meeting Moscow, 24-25 of March, 2011

Annex II               Revised Agenda of the Meeting

Annex III              Summary of the Project Implementation versus the bench marks stipulated in the original Project Document and supplemented by the Project Steering Committee

Annex IV             Main results of pre-investment studies in the Russian Arctic

Annex V              Report on Environmental protection System Component Implementation

Annex VI             Main results of demo and pilot projects implemented on the NPA-Arctic Project life time

 


Report

On the Fifth Meeting of the Project Steering Committee

 

Introduction

The 5th meeting of the Steering Committee (StC) for the UNEP/GEF Project “Russian Federation - Support to the National Programme of Action for the Protection of the Arctic Marine Environment” was convened on 24-25 March 2011 in the UN Building in Moscow, Russian Federation. The meeting was chaired by Mr. Boris Morgunov, the Assistant to the Minister of Economic Development of the Russian Federation and the representative of the Project Executing Agency.

The meeting started at 10.00 on March 24, 2011. The list of participants is presented in Annex I of this report.

Agenda item 1:  Opening of the meeting and adoption of the agenda

The Chairman welcomed participants and informed the StC members that this meeting would be the final meeting of the StC for the UNEP/GEF RF NPA-Arctic Project.  He invited Dr. Ampai Harakunarak and Mr. Takehiro Nakamura to speak on behalf of UNEP, the Project Implementing Agency.

Taking a brief opportunity to benefit from the participation of Mr. Nakamura, the Chairman proposed that the Project exit strategies and transition to the Arctic Agenda 2020 Programme be reviewed and discussed on the first day of the meeting, allowing details to be further discussed on the second day of the meeting.

The StC meeting approved the proposed revisions and adopted the new agenda as attached in Annex II of this report.

Agenda item 2:  Project exit STRATEGies and TRANSITION TO THE ARCTIC AGENDA 2020 PROGRAMme

The StC reviewed and discussed the development of project exit strategies. It was agreed that the strategies would specify actions and steps for continued improvement of the Russian Arctic environment, after the predetermined objectives of the UNEP/GEF RF NPA Arctic have been achieved, through the results of each project component and the established partnership and cooperative mechanisms. It was advised that the strategies should not overtly identify the plan for applying new GEF funds, but rather propose areas of future work with potential funding sources – as a basis for the Arctic Program development. The meeting acknowledged the GEF fund used to implement the project activities and agreed that some remaining/unutilized project budget (estimated at $25,000) would be used to hire a consultant to develop the strategies. The StC acknowledged a suggestion to transfer the remaining amount of GEF fund to UNEP account after the project is financially closed. A special attention was given to the coordination mechanism(s) required under the Arctic Agenda 2020 Programme with an involvement of various GEF Agencies and Russian Executing Agencies.

The meeting also discussed the following points:

The Chairman noted that the Project should be completed on May 31, 2011 and all activities of the Project Office (PO) would also be terminated after this date.  He also requested that the StC members make decision on follow-up steps including the use of remaining Project funds, “Arctic Agenda 2020” programme preparation and its coordination, project website maintenance, and other relevant matters. The Chairman informed the StC members that the draft Arctic Agenda 2020 Programme conceptual design would be revised taking into consideration comments received from the two meetings and submitted for GEF SEC review by mid April. This document will be also discussed at the Interagency Working Group meeting in mid April.  He further welcomed UNEP’s advice and support in developing the Arctic Agenda 2020 including ideas on a coordination mechanism for the programme development and implementation.

The UNEP representative noted that the NPA-Arctic project completed all component activities successfully. Both Project managerial structures – Project Steering Committee (STC) and Interagency Working Group performed successfully and the administrative experience gained could be replicated in the new “Arctic Agenda 2020”. It was also emphasised that the “Arctic Agenda 2020” Programme could be seen as an organic output of the NPA-Arctic Project.

UNEP’s expertise and contribution during the project implementation as well as the transition period (particularly from now to November 2011) was recognized and continuous support in developing exit strategies for the NPA-Arctic Project was encouraged.

UNEP would support the Russian Federation in preparing 2-3 PIFs under the “Arctic Agenda 2020,” as well as other technical backup or program approach (PA) coordination as requested. It was recommended that Project 1 (SAP-Arctic Implementation) under the Arctic Agenda 2020 could establish an integrated programme oversight and monitoring structure that involve all partners and stakeholders.

The US EPA representative highlighted excellent implementation of the UNEP/GEF NPA-Arctic Project and recommended the programme coordination structures built on the existing ones (i.e., StC, IAWG, networks of partnership among ministries/agencies and regions). She also emphasized the importance of the Russian Prime Minister’s recent pledge to earmark 740 million RUB (US$ 25 million) for cleanups on the Franz Josef Land Archipelago in 2011 and 2012, which was resulted from the NPA-Arctic demo project. US EPA expressed a strong support to the development of the project exit strategies and the preparation of the “Arctic Agenda 2020” Programme that stemmed from the NPA-Arctic Project and would be a great platform for the new environmental approach and utilization of the green technology in the Russian Arctic. She also supported the proposed idea to allocate remaining unspent project funds for preparation of the project exit strategies and pointed out that existing project managerial structure could be very useful in the Programme preparatory stage and for the future Programme administration. Some opportunities were identified for technical and financial support on capacity development during the transition period and beyond (e.g., training and/or meetings in US on environmental management and clean-up technologies, including an exchange of knowledge and experience in managing the ‘Superfund’ model). It was also informed that at least 18 months would be required for new US grant development. She also suggested that the NPA-Arctic Project need more publicity of its results in mass media and in power structures.

NEFCO gave strong support to the development of NPA-Arctic Project exit strategies, as well as the PA process. The institution, however, expressed a couple of concern including on sustainability of the demo and pilot projects which were successfully implemented under the UNEP/GEF NPA-Arctic Project as well as on the establishment of coordination mechanisms with activity under Barents Euro/Arctic Council, EU Northern Dimension and Arctic Council. It was suggested that, through NEFCO’s mandates and work plans, future work under the Arctic Agenda 2020 could utilize the existing forums and facilities for dealing with ‘hot spots’ and bridging other activities. Mr. Chairman requested that NEFCO identify and advise potential support to specific projects/activities of interest under the Arctic Agenda 2020. One opportunity has been identified as the Russian Executing Agency of Barents EuroArctic Council, which will be set up this May under the Barents Hot Spots Facility (BHSF) <http://www.nefco.org/financing/BHSF>, which is managed by NEFCO on behalf of the Governments of Finland, Iceland, Norway and Sweden, involving a grant of up to 70,000 Euros per project. The purpose of the BHSF is to promote project development at the ‘hot spots’ in the Russian Barents Region that were defined in a report by NEFCO in collaboration with the Arctic Monitoring and Assessment Programme (AMAP) in 2003.

The representative of GEF Secretariat noted successful implementation of the NPA-Arctic Project and emphasised that, from GEF Secretary point of view, it is very important to recognize such an achievement when GEF project generated further development as in case of the NPA-Arctic Project. It was advised that the next task is to sustain the Project results by asking how project results can be utilised. He further encouraged that the RF and its partners should work out the way for sustaining the project results. It was also emphasized that the NPA-Arctic Project had established very important and sustainable basis for the next step through development of the Arctic Agenda 2020 Programme; and that Russian priorities identified during NPA-Arctic Project should be taken into account in project exit strategies. He urged the StC to ensure that the proposed programme structure would provide a congregated result through an adequate and effective flow of information. He also mentioned about GEF’s experiences and examples concerning implementation and coordination schemes, which could be shared with the RF in developing coordination mechanisms for the Arctic Agenda 2020 Programme.

The StC meeting made decision on the following points:

·         to commit remaining/unutilized NPA-Arctic Project funds for preparation of the Project exit strategies, which would provide guidance on steps of transition toward the Programme “Arctic Agenda 2020” development including the Implementation of SAP-Arctic;

·         to properly close the project implementation, technically and financially, as well as to acknowledge a suggestion to transfer the remaining amount of GEF fund to UNEP account after the Project is financially closed;

·         to recommend Project Executing and Implementing Agencies to seek effective transition from the NPA-Arctic Project to the Programme “Arctic Agenda 2020” after the closing of PO on June 1, 2011;

·         to make the NPA-Arctic Project website available after project-end (May 2011). The website will be appropriately maintained or mothballed by a temporary host (options identified included UNEP, IW:LEARN, or a web service provider in RF) – taking into consideration further developments through future funding;

·          to ask UNEP for sharing its vision regarding possible UNEP inputs to assist the Russian Federation in developing Project exit strategies, preparing PIFs under the Programme “Arctic Agenda 2020,” as well as other technical backup .

Agenda item 3:  Project activities and Progress reports

3.1.     Summary of the Project Implementation versus the bench marks stipulated in the original Project Document and supplemented by the Project Steering Committee.

Information on the main Project achievements was prepared by the Project Office for the reporting period from the beginning of the Project in July 2005 to March 2011 and circulated to Steering Committee members together with all other documents prepared by the Project Office to the 5h meeting of the Project Steering Committee.

The main Project achievements for its lifetime were as following:

ü      Developing and approval by the Maritime Board at the Government of the Russian Federation of the Strategic Action Programme for Environmental Protection in the Arctic Zone of the Russian Federation (SAP). The Maritime Board recommended that the executive federal and regional authorities as well as other organizations should be guided by the provisions of this document when elaborating the Russian Arctic Development Programs and Policies. Both the Russian and English versions of the SAP-Arctic were uploaded on the Project website (http://npa-arctic.ru/html/sap.html) and were distributed in form of electronic and hard copies among key national and international stakeholders in the circumpolar Arctic.

In the framework of this component Diagnostic analysis of environmental problems of the Russian Arctic (DA) is prepared and the full text uploaded on the project website (http://npa-arctic.ru/rus/da_content_ru.html). An Advanced Summary of the DA prepared in Russian and English and released in the form of e-book on CDs. Hard copies of the Advanced Summary will be published soon (April-May 2011).

ü      Completion of Pre-investment studies (PINS) in all three selected areas (western, central and eastern) of the Russian Arctic. Sixteen (16) environmentally sound investment projects supported by regional and local authorities have been developed. Also, under this component an update and review of the existing pollution hot spots in the Russian Arctic were completed. A list of 100 hot spots has been prepared and a prioritized short list of hot spots (30 hot spots) for the potential pre-investment studies (PINs) has been prepared and included in SAP-Arctic. A full database of the hot-spots is available on the project website: http://npa-arctic.ru/rus/hs/hs_list_ru.html (in Russian only). The new list of the hot spots in the Russian Arctic has been submitted to the PAME (Arctic Council Working Group on the protection of the Arctic marine environment) and was included in the Arctic Council Regional Programme of Action for the Protection of the Arctic Marine Environment from Land-based Activities.

ü      Within Environmental Protection System Improvements (EPS) component a few important draft documents have been prepared: Draft Report to the Government of the Russian Federation on improvement of Environmental Protection System in the Arctic Zone of the Russian Federation, Analytical materials to this Report, two concept versions of Draft Federal Law on special regimes on natural resources use and Environmental protection in the Arctic zone of the Russian Federation. A resume of the Analytical materials was officially submitted to the Ministry of Natural Resources and Ecology of the Russian Federation. A final proposal on the draft federal law “On Special Regimes in the Natural Resources Management and Environmental Protection in the Russian Arctic” was submitted by the Ministry of Economic Development of the Russian Federation to the Council of Federation of the Russian Parliament and included in its Report on the Arctic to be submitted to leaders of the Russian Federation.

ü      Fifteen (15) demo and pilot projects were implemented under this component with the three projects mentioned in the Project document and twelve additional projects developed and approved by the Project Steering Committee.

 The meeting approved the Report on the results and achievements of the Project implementation against the agreed benchmarks. A Summary Report on the Project implementation is enclosed as an Annex III.

3.2. Presentation of expanded resume of Diagnostic Analysis of State of the Environment in the Arctic Zone of the Russian Federation

An Advanced Summary of the Diagnostic Analysis of State of the Environment in the Arctic Zone of the Russian Federation (DA) was prepared in form of an eBook on CD ROM (in Russian) and distributed among the STC members together with other documents prepared for the meeting.  An English translation (pending to be edited) of the DA Advance Summary was also completed and made available to the STC members. The translation is being edited by a native English speaker).  The complete versions (both in Russian and in English) will be published by the “Scientific World” Publishing House in April-May;  A full text version of the DA in Russian (1300 pp nearly) has been uploaded on the Project website (http://npa-arctic.ru/rus/da_content_ru.html)

The StC members highly commended the EA and PO for successful completion of the Diagnostic Analysis of State of the Environment in the Arctic Zone of the Russian Federation. It was also recognized on the importance of publishing the Advanced Summary of the Diagnostic Analysis and dissemination of the publications among all interested parties in the Russian Federation and internationally.

3.3. Presentation of main results of pre-investment studies in the Russian Arctic

Under this component, an update and review of the existing pollution hot spots in the Russian Arctic were completed. A list of 100 hot spots has been prepared and a prioritized short list of hot spots (30 hot spots) for the potential pre-investment studies (PINs) has been prepared and included in SAP-Arctic. A full database of the hot-spots is available on the project website: http://npa-arctic.ru/rus/hs/hs_list_ru.html (in Russian only).

The new list of the hot spots in the Russian Arctic has been submitted to the PAME (Arctic Council Working Group on the protection of the Arctic marine environment) and was included in the Arctic Council Regional Programme of Action for the Protection of the Arctic Marine Environment from Land-based Activities which was approved by the Arctic Council Ministerial Session (Tromsø Declaration of 29 April 2009).

PINS for priority hot-spots were completed in western, central and eastern parts of the Russian Arctic emphasizing the importance of pollution to the freshwater and marine environments. Several dozens of investment project proposals have been reviewed together with local authorities before a set of 16 project proposals for the three geographical sectors of the Russian Arctic was selected. Basing on the selected proposals 16 investment ecological projects (IEP) were designed and completed. The selected IEP are focused on a potential for reduction industrial pollution, to cope with past environmental liabilities and to develop new or upgrade environmental management infrastructure (in waste management and water treatment sectors in particular).

The completed IEP were widely disseminated among Russian and international potential investors and some of them expressed their interest. Some of EIPs were selected by Russian Ministry for Natural Resources and Ecology as a priority projects, NEFCO confirmed their interest in projects connected with oil pollutions and spills in Barents-sea region.  The list of IEPs with additional information is attached (Annex IV).

All final reports on PINS component are available in the Project website in Russian and English languages (www.npa-arctic.ru).

The NEFCO representative informed the meeting that NEFCO in cooperation with local authorities and companies has been working on the IEP #7: “Action to prevent oil pollution of Northern Dvina River…).  The Chairman emphasised that it was vital to continue looking for investment possibilities for the IEP prepared in the framework of the NPA-Arctic Project.

The STC members welcomed and commended the results of the PINS component completed by the EA and PO, and emphasised the importance of the IEP implementation for the ecological health of the Russian Arctic and its population.

3.4. Presentation of Environmental Protection System Component Implementation

The EPS Task Team Leader presented the final Progress Report on Environmental Protection System Component Implementation (Annex V). Work under this Project component started ahead of schedule in 2008. In the original Project Document EPS component implementation was placed in the Second Phase of the Project. The existing outputs of this project component lay a solid ground for further strengthening of the legislative and institutional framework of environmental protection in the Russian Arctic. Following outputs of the component have been submitted by EPS Task Team to the Ministry of Economic Development of the Russian Federation:

1.      Analytical materials concerning improvement of the environmental management system in the Russian Arctic with annexes. Both documents can be seen here: http://npa-arctic.ru/html/eps.html).

2.      Draft Report to the Government of the Russian Federation, which summarized proposals for improvement of the environmental management system in the Russian Arctic including proposals based on the best international practice.

3.      Proposals on development of Conception of the Federal Law ‘On Special Conditions for Natural Resources and Environmental Management’;

4.      Proposals on development of Conception of the Federal Law ‘On Special Conditions for Natural Resources and Environmental Management When Developing Oil and Gas Resources in the Russian Arctic’.

In accordance with the Project Interagency Working Group decisions, a resume of the Analytical materials was officially submitted to the Ministry of Natural Resources and Ecology of the Russian Federation to ensure that the Arctic component be considered when undertaking an assignment of the President of the Russian Federation on improvement of the governmental regulation system in the field of environmental protection.

The final proposal on the draft federal law “On Special Regimes in the Natural Resources Management and Environmental Protection in the Russian Arctic” was developed including justification and some conceptual highlights of the draft law. The proposal was submitted by the Ministry of Economic Development of the Russian Federation to the Council of Federation of the Russian Parliament and included in its Report on the Arctic to be submitted to leaders of the Russian Federation.

3.5. Presentation on results of Demo and Pilot Projects and a publication on main results of all demo and pilot projects implemented on the NPA-Arctic Project life time

The Project Office presented a report on demo and pilot projects implementation. A list of the projects with brief description is attached  (Annex VI). A report, with summary, pictures and evaluation of all fifteen demo and pilot projects as well as an assessment on their potential replicabilities in Arctic conditions, was prepared in Russian (about 70 pages), and planned to be published and uploaded on the Project website in both Russian and English languages in April-May 2011.

The StC discussed issues concerning the demo and pilot projects implementation and results.

NEFCO representatives reminded the meeting that, in addition to the OIL SPILS pilot project, NEFCO also supported the demo project FJL BASES-I and cleaning pilot project KOLABAY. It was also noted that NEFCO shared some comments on the PCB pilot project report including points of NEFCO’s concern which were not reflected in the contractor’s final report.

The representative of GEF Secretariat emphasized the importance for GEF to see positive consequences and sustainability of outcomes of the demo/pilot projects implementation. He added that transition to the follow-up action should be presented, as well as new technology and new environmental approaches must be highlighted. The GEF Secretariat representative also commended the demo and pilot projects for a good sign of co-financing, as well as highlighted the ‘soft’ aspect of the results of the project implementation (e.g., stakeholder involvement, positive impacts on the health conditions of indigenous communities, and knowledge dissemination). He also explained that the approved GEF 5 Focal Areas strategies, particularly the IW Strategy would not allow to fund implementation of  investment projects addressing rehabilitation of hot-spots of chemical and nuclear pollution or past environmental liabilities. However such projects may be included in the Programme “Arctic Agenda 2020” in case of funding from other sources than GEF Trust Fund.

The Final Reports (the full text version) of all implemented demo and pilot projects were uploaded on the project website (http://npa-arctic.ru) in both Russian and English languages.

The StC meeting reviewed and discussed the overall progress and achievements of activities under the demo and pilot component, which were evaluated as “more than satisfactory” and provide firm bases for future developments.

3.6. Information on Completion of Project Phase 1: Terminal Report and Evaluation; Project Implementation Experiences, Lessons, and Knowledge Management

UNEP presentation on proposed and required exit arrangements including termination report and financial reports, as well as an initial timeline for conducting the independent terminal evaluation, was acknowledged by the StC members. UNEP requested StC members’ support and participation in the independent Terminal Evaluation process planned during the Arctic summer period.  Options for website mothball/maintenance were presented. The StC requested that UNEP explore an opportunity to temporary host the website until new development emerged.

3.7. Overall discussion on reported matters

The StC meeting reviewed and discussed the overall progress and achievements of activities under each project component, which were evaluated as “more than satisfactory” and provide firm bases for future developments. The GEF Secretariat representative reminded the RF and StC that GEF5 IWs Focal Area Strategy do not cover clean up activities, and thus have to be co-financed under Project 1 of the Arctic Agenda 2020.

Agenda item 4:  OTHER MATTERS

No other matters were considered at the meeting.

Agenda item 5:  follow up acions

·        EA/PO: To successfully complete the NPA Arctic Project, the PO would complete all reports and publications, as part of project outputs, to be finalized by mid April; Interagency Working Group meeting convened in April; a ToR for Exit Strategies consultant prepared and a recruitment process initiated; a project completion timetable developed within 2 weeks in coordination with Executing and Implementing Agencies and distributed to StC members; a Terminal Report prepared and submitted to UNEP; support to the Terminal Evaluation process; website maintenance; financial and audit reports verified and submitted to UNEP.

·        EA: As part of the follow-up actions, revise a draft Arctic programme concept by mid April; identify agencies for projects development and implementation within the Programme; a PFD for the Programme and PIFs under it developed for submission to GEF in November 2011; the work should be coordinated with and assisted by UNEP and the GEF Secretariat without GEF funds attraction.

  • Steering Committee and Other Partners: support to ensure successful completion of project implementation; participation and cooperation in TE interview and reviewing processes.
  • UNEP: provide support and guidance to the EA/PO toward successful project completion by May 2011; arrangement and completion of the Terminal Evaluation process, ensuring timely submission of the report to GEF (targeted in early September 2011 to facilitate submission of a PIF for SAP-Arctic Implementation (and the PFD) to GEF Council meeting in November 2011). The TE process should be scheduled during May-July and the first draft of TE report should be available by August; and, provide support and guidance to the Ministry of Economic Development of the Russian Federation on Arctic Agenda 2020 Programme development and submission to GEF – provide comments on the draft concept in early April; and, if appointed as the lead Agency for PA development and implementation, support to develop a PFD (GEF format).

The STC members adopted the meeting results and expressed great satisfaction with the progress achieved during the reporting period.  It was agreed that the Project Office would prepare a draft meeting report and send for the Steering Committee members and Partners review and comment.

Agenda item 6:  CLOSURE OF THE MEETING

The Chairman of the 5th StC meeting, in his closing remarks, expressed his appreciations to all participants for their active involvement and strong contribution to the meeting. He thanked the GEF, UNEP, NEFCO, and USEPA representatives for their constructive inputs during the meeting. He expressed deep gratitude to Canada, Iceland, USA and NEFCO for their generous contribution and support to the UNEP/GEF RF NPA-Arctic Project, which formed a necessary basis for the Project success. He finally thanked the Project Office for excellent presentation of the project implementation results and achievements, for document preparation, and for technical support.

The meeting was adjourned at 13:10 on 25th March, 2011.


Annex I

List of Participants in the Project Steering Committee Meeting Moscow, 24-25 of March, 2011

 

RUSSIA

Boris Morgunov

Assistant of the Minister

Minekonomrazvitia of Russia

1.3, 1-Tverskaya-Jamskaya Str.,

125993, Moscow

Tel.: +7-495-650 85 25

Fax: +7-495-650 84 58

E-mail: morgunovba@economy.gov.ru

 

Boris Melnikov

Project technical adviser

Tel./Fax: +7-495-650 84 58

E-mail: Melnikov@economy.gov.ru

Alexander Averchenkov

Consultant

+7 (495) 139-4252

E-mail: aaverchenkov@rambler.ru

UNEP

Takehiro Nakamura

Coordinator, Marine Ecosystems Unit, Division of Environmental Policy Implementation, UNEP

P.O. Box 30552, 00100, Nairobi, Kenya

Tel.: +254 (20) 623886

Fax: +254 (20) 624041 / 42

E-mail: Takehiro.Nakamura@unep.org

 

Ampai Harakunarak

Task Manager, UNEP GEF (International Waters) United Nations Building, 2 floor, Block B

Rajdamnern Nok Avenue

Bangkok 10200, Thailand

Tel.: +66 2 288 1977

Fax: +66 2 280 3829

E-mail: ampai.harakunarak@unep.org

 

Ludmila Khorosheva

Financial assistant UNEP/GEF projects

9, Leontyevsky Lane
125009 Moscow, Russia
Tel: +7 495 981-45-88
Fax: +7 495 787 7763

E-mail: khorosheva.unep@undp.ru

 

 

USA

Eleonora Barnes

Program Manager,

Office of Regional and Bilateral Affairs, Office of International Affairs, U.S. Environmental Protection Agency

 

Agency phone: (202) 564-6473,

E-mail: barnes.eleonora@epa.gov

Barnes.Eleonora@epamail.epa.gov

NEFCO

Amund Beitnes

Investment Manager

Nordic Environment Finance  Corporation (NEFCO)

P.O.Box 249, FI-00171 Helsinki,

Telephone: +358 10 618 0658

Mobile: +47 95773829

E-mail: Amund.Beitnes@nefco.fi

Henrik G. Forsström

Senior Adviser, Barents Hot Spots Facility, Nordic Environment Finance  Corporation (NEFCO)

P.O.Box 249, FI-00171 Helsinki,

tel. +358 10 618 0638

E-mail: henrik.forsstrom@nefco.fi

GEF

Ivan Zavadsky

Sr. Water  Resources Management Specialist

1818 H Street N.W Washington D.C 20433 Room P-4-121

Tel.: 202-458-8004

Fax: 202-522-3240

E-mail: izavadsky@thegef.org 

 

PROJECT OFFICE

Evgeny Konygin

NPA-Arctic

Project Manager

19 Leninsky prospect,

Moscow 119991

Tel./fax: +7 495 730 4099,

+7 495 770 3114

Mob.: +7 916 906 5762

E-mail: konygin@npa-arctic.ru

konygin@mail.ru

Sergei Tambiev

Deputy Project Manager

NPA-Arctic

19 Leninsky prospect,

Moscow 119991

Tel./fax: +7 495 730 4099,

+7 495 770 3114

E-mail: stambiev@npa-arctic.ru,  tambiev@npaf.ru, stambiev@mail.ru

 

Galina Zaitseva

Project Financial Manager Officer NPA-Arctic

 

Tel./Fax: Tel./fax: +7 495 730 4099,

+7 495 770 3114

E-mail: zaytseva@npaf.ru,

zaytseva@npa-arctic.ru

 

SUPPORTING STUFF

Julya Surikova

Interpreter

Institute of Organic Chemistry of Russian Academy of Sciences

Tel.: (499) 135 87 90

E-mail: sujul@rambler.ru

 

 

 


Annex II

STEERING COMMITTEE

UNEP/GEF Project - Russian Federation: Support to the National Programme of Action for the Protection of the Arctic Marine Environment

 

Fifth Meeting

Moscow, Russia

24-25 March, 2011

 

 

STC 5/1

 

 

 

 

Meeting Agenda with Timetable

 

Prepared by:                      the Project Office in cooperation with Executing and Implementing Agencies

Required actions:                No action required

 

 

 


Fifth Meeting of the UNEP/GEF Project - Russian Federation: Support to the National Programme of Action for the Protection of the Arctic Marine Environment Project Steering Committee

UN Office, 9 Leontyevskiy Lane, Moscow, Russia; 24-25 March 2011

 

AGENDA

1.     OPENING OF THE MEETING

1.1.         Welcome address on behalf of the Minekonomrazvitiya and UNEP

1.2.         Introduction of Participants

1.3.         Adoption of the Meeting Agenda

2.     NPA-ARCTIC PROJECT EXIT STRATEGIES AND TRANSITION TO THE “ARCTIC AGENDA 2020” PROGRAMME

3.     PROJECT ACTIVITIES AND PROGRESS REPORTS

3.1.         Summary of the Project Implementation versus the bench marks stipulated in the original Project Document and supplemented by the Project Steering Committee (Project Office)

3.2.         Presentation of expanded resume of Diagnostic Analysis of State of the Environment in the Arctic Zone of the Russian Federation (Project Office)

3.3.         Presentation of main results of pre-investment studies in the Russian Arctic (Project Office)

3.4.         Presentation of Environmental Protection System Component Implementation (EPS Task Team Leader)

3.5.         Presentation of main results of Demo and Pilot Projects and a  publication on main results of all demo and pilot projects implemented on the NPA-Arctic Project life time (Project Office).

3.6.         Information on Completion of Project Phase 1: Terminal Report and Evaluation; Project Implementation Experiences, Lessons, and Knowledge Management (Project Office)

3.7.         Overall discussion on reported matters

4.     OTHER MATTERS

5.     FOLLOW UP ACTIONS

6.     CLOSURE OF THE MEETING


 TIME-TABLE AGENDA

TIME

AGENDA ITEM

Thursday, March 24, 2011

09:30 – 10:00

Registration

10.00 – 10.20

1.     OPENING OF THE MEETING

1.1.         Welcome address on behalf of the Minekonomrazvitiya and  UNEP

1.2.         Introduction of Participants

1.3.         Adoption of the Meeting Agenda

10:20 – 10:45

2. NPA-ARCTIC PROJECT EXIT STRATEGIES AND TRANSITION TO THE “ARCTIC AGENDA 2020” PROGRAMME  

10.45 – 11.15

Coffee/Tea Break

11.15 – 12.30

2. Continue discussion on NPA-Arctic Project exit strategies and transition to the “Arctic Agenda 2020” Programme

12:30 – 13:30

Lunch

13.30 – 15.30

 

 

3. PROJECT ACTIVITIES AND PROGRESS REPORTS

3.1. Summary of the Project Implementation versus the bench marks stipulated in the original Project Document and supplemented by the Project Steering Committee (Project Office). Discussion

3.2. Presentation of expanded resume of Diagnostic Analysis of State of the Environment in the Arctic Zone of the Russian Federation (Project Office). Discussion

15:30 – 16:00

Coffee/Tea Break

16:00 – 18:00

3.3. Presentation of main results of pre-investment studies in the Russian Arctic (Project Office)

3.4. Presentation of Environmental Protection System Component Implementation (EPS Task Team Leader)

19:30 – 22:00

Reception/Dinner


TIME

AGENDA ITEM

Friday, March 25, 2011

10.00 – 11.30

3.5. Presentation of Demo and Pilot Projects implemented during the reported period. Presentation of publication on all demo and pilot projects implemented on the NPA-Arctic Project life time. (Project Office)

3.6. Information on Completion of the Project Phase 1: Terminal Report and Evaluation; Project Implementation Experience s, Lessons, and Knowledge Management (Project Office)

11:30 – 11:45

Coffee/Tea Break

11:45 – 13:00

3.7. Overall discussion on the reported matters

4.      OTHER MATTERS

5.      FOLLOW UP ACTIONS

6.      CLOSURE OF THE MEETING

13.00 – 14.00

Lunch

 


Annex III

 

STEERING COMMITTEE

UNEP/GEF Project - Russian Federation: Support to the National Programme of Action for the Protection of the Arctic Marine Environment

 

Fifth Meeting

Moscow, Russia

24-25 March, 2011

 

 

STC 5/3.1

 

 

 

 

Summary of the Project Implementation versus the bench marks stipulated in the original Project Document and supplemented by the Project Steering Committee

 

Prepared by:                      the Project Office

Required actions:                for approval by STC members


UNEP/GEF Project “Russian Federation – Support to the National Programme of Action for the Protection of the Arctic Marine Environment” (NPA-Arctic)

http://npa-arctic.ru

 

Executing Agency: Ministry of Economic Development of the Russian Federation

Implementing Agency: United Nations Environment Programme (UNEP)

Partner Agency: NEFCO.

 

A short note of project results against the benchmarks by March 2011

 

The original Project Document included four main components:

1.      Preparation and adoption of a Strategic Action Programme (SAP);

2.      Completion of a set of Pre-Investment Studies (PINS);

3.      Development and implementation of Environmental Protection System (EPS), embodying legislative, administrative, institutional and technical capacity improvements consistent with the SAP; and

4.      Three demonstrations projects (DEMOS):

(i)     Indigenous Environmental Co-management;

(ii)   Remediation of the Environment through the Use of Brown Algae; and

(iii) Environmental Remediation of Two Decommissioned Military Bases

For possible expansion of donor base for the Project, twelve additional demonstration and pilot projects have been initiated and implemented.

The following benchmarks were defined in the Project Document and achieved:

1. Successful establishment of Project implementation structure, including Project Office, Project Steering Committee, and Project Supervisory Council;

2. Strategic Action Programme fully developed and endorsed by relevant stakeholders;

3. Working document revised at the first meeting of each of sub-group for each pre-Investment Study;

4. Selected lead implementing organization and members of each of the three working groups for the development of the Environmental Protection System;

5. Fully designed demonstration activities; and

6. Mid-term review of the project indicating satisfactory implementation of the project in the phase I.

Scope of these benchmarks were enlarged and approved by StC members at 3rd meeting in Helsinki on March 25-26, 2009:

1. Project Management: Project implementation structures established, including Project Office, Project Steering Committee, Project Supervisory Council and Inter-Agency Working Group.

2. Strategic Action Programme: Strategic Action Programme fully developed and endorsed by relevant stakeholders. Diagnostic analysis document prepared and ready for publication in English and Russian.

3. Pre-investment Studies: Hot spots list updated and finalised. Pre-investment studies successfully carried out and interest of financial institutions preliminary confirmed.

4. Improving Environment Protection System: Report on gap analysis of the environmental legislation applicable to the Russian Arctic with recommendations on improvements  prepared and submitted to the Russian Government.

5. Demo and Pilot Projects: Demonstration activities in accordance with the original Project Document fully implemented. New demonstration and pilot projects approved by the Steering Committee are prepared and implemented.

6. Project Phase I Evaluation: Project results for all components evaluated by Interagency Working Group. Independent evaluation of the project completed satisfactory implementation of the Project Phase I.

The benchmarks 1 through 5 have been achieved in full to date. This gives a chance to fulfill all tasks stipulated for both phases in the Project Document during Phase I. Furthermore, the project has initiated a series of activities to ensure sustainability and replication after its completion. Major outcomes against the benchmarks are listed below.

1. SAP component: Strategic Action Programme for Protection of Environment in the Arctic Zone of the Russian Federation (SAP-Arctic) has been developed and fully supported at the meetings of the Interagency Working Group (IAWG) and the Project Steering Committee (STC). Then the Maritime Board at the Government of the Russian Federation, the highest-level body of the government in charge of coordinated efforts of federal enforcement authorities in the field of maritime activities, investigation and exploration of the World Ocean, Arctic and Antarctic, approved the SAP-Arctic at the meeting on 19th June 2009 and recommended that all Russian federal and regional authorities and organizations concerned be guided by SAP-Arctic while in development of programs related to the Russian Arctic. The primary goal of the SAP-Arctic is to create conditions necessary for taking actions to prevent, reduce, and eliminate negative consequences of human activities on the environment in the Russian Arctic  arising from activities on land and the continental shelf down to levels that will ensure sustainable development while at the same time taking into account of the interests of the human population in Arctic, including the indigenous people of the North.

The SAP-Arctic is a strategic framework document that sets the priority environmental problems in the Russian Arctic and main goals, tasks and principal activities to resolve them. The document encompasses the protection of the Arctic marine environment in the context of the overall environmental protection of the Russian Arctic and represents the only comprehensive strategic framework for the protection of the Arctic environment at the national level.

Both the Russian and English versions of the SAP-Arctic were uploaded on the Project website (http://npa-arctic.ru/html/sap.html) and were distributed among key national and international stakeholders in the circumpolar Arctic. SAP-Arctic was repeatedly presented at international and national conferences, workshops and meetings, including Arctic Council. In the framework of this component Diagnostic analysis of environmental problems of the Russian Arctic (DA) is prepared and full text uploaded on the project website in Russian only. An Extended Resume of the DA prepared in Russian and English and will be released in the form of e-book on CDs.

2. PINS component.  Under this component an update and review of the existing pollution hot spots in the Russian Arctic were completed. A list of 100 hot spots has been prepared and a prioritized short list of hot spots (30 hot spots) for the potential pre-investment studies (PINs) has been prepared and included in SAP-Arctic. A full database of the hot-spots is available on the project website: http://npa-arctic.ru/rus/hs/hs_list_ru.html  (in Russian only). The new list of the hot spots in the Russian Arctic has been submitted to the PAME (Arctic Council Working Group on the protection of the Arctic marine environment) and was included in the Arctic Council Regional Programme of Action for the Protection of the Arctic Marine Environment from Land-based Activities which was approved by the Arctic Council Ministerial Session (Tromsø Declaration of 29 April 2009).

PINS for priority hot-spots were completed in western, central and eastern parts of the Russian Arctic emphasizing the importance of pollution to the freshwater and marine environments. Several dozens of investment project proposals have been reviewed together with local authorities before a set of 16 investment ecological projects (IEP) for the three geographical sectors of the Russian Arctic was selected.

 

The following IEP were prepared and suggested for potential investors for implementation:

In the western Arctic: 1. Improved waste water management in Murmansk region; 2. Improved waste water management in Severomorsk; 3. Improvement of solid domestic waste management; 4. Improvement of oil waste management system; 5. Automatic air quality monitoring system.

In the central Arctic: 1. Land remediation from oil products in water protection zone of Northern Dvina River of White Sea basin near settlement Krasnoe of Primorsky district of Arkhangelsk Region; 2. Construction of new sewage treatment facilities in Lesnaya Rechka dwelling district of Arkhangelsk; 3. Solid domestic wastes disposal in Vorkuta, Komi Republic; 4. Modernization of sewage water treatment system in Vorkuta, Komi Republic, and: 5. Modernisation of Waste Water Treatment Facilities in Settlement Kachgort and Bondarka, Nenets Autonomîus Okrug.

In the eastern Arctic: 1. Closure of the Kular Gold Tailings Based on Sound Environmental and Health & Safety Principles; 2. Mothballing of the Deputatsky Tin Ore Mining and Processing Plant Based on Sound Environmental and Health & Safety Principles; 3. Restoration of Commercially Important Fish Species in the Subarctic and Arctic River Basins in Yakutia; 4. Waste and Contamination Inventory and Clean-Up of the Wrangel Island Reserve; 5. Search and Disposal of the RITEG installation Located at Rogers Bay, the Wrangel Island, and 6. Programme of Survey of Current and Historical Land-Based Contamination Sources of the Laptev Sea, East Siberian Sea and Chukchi Sea.

Full texts of all IEPs can be found on the Project website: http://npa-arctic.ru/html/pins_ind.html.

 

All above IEP were considered by a financial partner agency – NEFCO and some other IFOs. NEFCO is ready to invest in one of the IEP in the Central Arctic (1. Land remediation from oil products…). A range of international financial agencies displayed also an interest in these investment projects.

3. EPS component. Work under this Project component started ahead of schedule in 2008. In the original Project Document EPS component implementation was placed in the Second Phase of the Project. The existing outputs of this project component lay a solid ground for further strengthening of the legislative and institutional framework of environmental protection in the Russian Arctic. Following outputs of the component have been submitted by EPS Task Team to the Ministry of Economic Development of the Russian Federation:

1.      Analytical materials concerning improvement of the environmental management system in the Russian Arctic with annexes. Both documents can be seen here: http://npa-arctic.ru/html/eps.html).

2.      Draft Report to the Government of the Russian Federation, which summarized proposals for improvement of the environmental management system in the Russian Arctic including proposals based on the best international practice.

3.      Proposals on development of Conception of the Federal Law ‘On Special Conditions for Natural Resources and Environmental Management’;

4.      Proposals on development of Conception of the Federal Law ‘On Special Conditions for Natural Resources and Environmental Management When Developing Oil and Gas Resources in the Russian Arctic’.

In accordance with the Project Interagency Working Group decisions a resume of the Analytical materials was officially submitted to the Ministry of Natural Resources and Ecology of the Russian Federation to make sure the Arctic component will be considered when undertaking an assignment of the President of the Russian Federation on improvement of the governmental regulation system in the field of environmental protection.

Then final proposal on the draft federal law “On Special Regimes in the Natural Resources Management and Environmental Protection in the Russian Arctic” was developed including justification and some conceptual highlights of the draft law. The proposal was submitted by the Ministry of Economic Development of the Russian Federation to the Council of Federation of the Russian Parliament and included in its Report on the Arctic to be submitted to leaders of the Russian Fedration.

Demonstration projects (DEMOS) component. Fifteen (15) demo and pilot projects were implemented under this component with the three projects mentioned in the Project document and twelve additional projects developed and approved by the Project Steering Committee.

 

Full list of DEMOS implemented in the framework of the NPA-Arctic project

(projects stipulated by the Project Document shown in italic)

1-2. Environmental remediation of Decommissioned Military Bases on Franz-Josef Land Archipelago. Phase I and Phase II.

3. Remediation of the Environment through the use of Brown Algae.

4. Environmental co-management of extracting companies, authorities and indigenous peoples of the North.

5. Cleaning of hazardous substances from the bottom sediments of the Kola Fjord. Phase 1. Monitoring of hazardous substances in the bottom sediments of the Kola Fjord.

6. Designing of bioremediation technology for oil sludge and oil contaminated soil in Arctic conditions.

7-8. Removing of sunken wood and ship frames from the sea bottom in Tiksi Bay, Phase I and II 9. Remediation of Environment in Area of Decommissioned Military Base near Pokrovskoe Settlement, Arkhangelsk Region.

10. Development of system for eliminating of outdated and banned Pesticides in the Russian Federation with innovation techniques application.

11. Localisation and removal from a thermokarst crater of two radioisotope thermoelectric generators (RITEG) of GONG type at the Kondratiev navigation beacon site in Ust-Yanski Ulus of Republic of Sakha (Yakutia).

12. Design of production engineered and logistic solutions with the purpose of introduction of a system for collection and elimination (utilisation) of PCB wastes and PCB containing equipment in the Russian Arctic region.

13. Inventory of pollution sources at the area of decommissioned military sites on New Siberian Islands.

14. Development of recommendations aimed at improvement of indigenous population health protection system in the Russian Arctic.

15. Review and introduction of system of reaction to emergency of oil spills and oil products in the Arctic conditions for protection of especially sensitive to petroleum coastal areas (with examples from Barents Sea and White Sea).

16. In addition to above projects an International Training Workshop on Environmentally Safe Management of Hazardous Wastes, Including Occupational Health and Safety Issues was held by the Project Office in coordination with US Environmental Protection Agency (USEPA) and with assistance of MNRE of the Russia and ACAP Secretariat.

Details of all above demo activities in Russian and English including final reports, photo and video documentation can be found on the Project website: http://npa-arctic.ru/html/demos.html.

Basing of final reports prepared on each demo and pilot projects a summary was prepared for further publishing in Russian and English and uploading on the project website.

 

Over the course of implementation the Project attracted a lot of attention and response of regional, national and international stakeholder. Particularly, Project implementation problems were discussed at meetings held in all Russian Arctic regions with regional authorities. Substantive amount of outreach and dissemination activities were implemented as well as additional co-financing secured. Main outcomes of the NPA-Arctic Project together with planned further steps after Project termination were presented at the following latest events:

-     Five regular Inter-agency Working Group meetings with representatives from key ministries (Natural Resources, Economic Development, Regional Development, Foreign Affairs), Arctic regional administrations, private sector, academia and NGOs as well as international organizations present in Moscow (Moscow),

-     Four Project Steering Committee Meetings (Moscow, St-Petersburg, Helsinki, Reykjavik)

-     Fifth Biennial GEF International Waters Conference, October 2009, Cairns, Australia

-     Fifth Global Conference on Oceans, Coasts, and Islands, May 2010, Paris, France

-     Sustainable Ocean Summit held by World Ocean Council, Belfast, UK, 15-17 June 2010

-     Third All-Russian Maritime Theoretical and Practical Conference “Development strategy of Russia and National Sea Policy in the Arctic”, September 2010, Murmansk, Russian Federation.

-     ACAP Arctic Council Working Group meeting, Oslo, Norway, 2-3 September 2010

-     PAME II-2010 Arctic Council Working Group meeting, Washington DC, USA, 14-16 September 2010)

-     ARCTICA – 2010, Third All-Russian Marine Research and Practice Conference, Murmansk, Russia, 14-15 September 2010

-     Second Arctic Murmansk International Economic Forum, Murmansk, Russia, 1-2 October 2010

-     Meeting of the Senior Arctic Officials (SAOs) of the Arctic Council, Tórshavn, the Faroe Islands, Denmark, October 19 – 20, 2010

-     Workshop on Convergence of Russian and EU Environmental Monitoring held by European Environment Agency 15-16 November 2010, Copenhagen, Denmark

Achieved by the Project results were appreciated positively at all above events. The Meeting of the Senior Arctic Officials of the Arctic Council and Workshop on Convergence of Russian and EU Environmental Monitoring both approved concept paper on the new GEF project “SAP-Arctic Implementation” and the Russian Federation initiative on a program “Partnership between GEF and Russia on sustainable government of the Arctic environment (Arctic Agenda - 2020)”.

The NPA-Arctic Project funding and reporting on its implementation both were exercised in strict correspondence with the Project Document and the Project Steering Committee decisions. The Project Midterm Evaluation was carried out in the end of 2009. The Project was positively appraised in a whole.


Annex IV

 

STEERING COMMITTEE

UNEP/GEF Project - Russian Federation: Support to the National Programme of Action for the Protection of the Arctic Marine Environment

 

Fifth Meeting

Moscow, Russia

24-25 March, 2011

 

 

STC 5/3.3

 

 

 

 

Main results of pre-investment studies in the Russian Arctic

 

Prepared by:                      the Project Office

Required actions:                                                                              for approval by STC members

 


 

Regional pre-investment studies implemented under UNEP/GEF Project NPA-Arctic*)

 

#

Investment Project

Name

Length, years

Cost,

ˆ, mln.

Covering by existing Hot Spots Lists**

Financial Agencies (Prospects)

Comments

SAP Arctic, 2009

AMAP/ NEFCO, 2003

NPA-Arctic 2008/

(PAME RPA,2009)

WEST

1.

Improvement of oil waste management

0,5

1.5

Murmansk

Kola Bay

M10

 

EVD (Netherland), NEFCO

 

2.

Construction of Wastewater Treatment Plant in settlement of Severomorsk-3, Murmansk Region

1

6.7

Kola Bay

 

 

EBRD; “Clean Water” States Program (RF); NEFCO

 

3.

Design and construction of complex of Waste Water Treatment Plant in Severomorsk of Murmansk region

6

43

Kola Bay

 

 

EBRD; “Clean Water” States Program (RF); NDEP; NEFCO

 

4.

Construction of waste segregation complex in Murmansk

4

7.5

Murmansk

Kola Bay

 

 

NDEP; NEFCO; IFC;

Long-term targeted program “Wastes” 2009-2013 (partily) (RF)

 

5.

Development of the Territorial Automated Network of Ambient Air Control in Towns of the Murmansk Region

1

0.5

Murmansk

 

 

NEFCO; NDEP; some regional targeted programs (RF)

 

CENTER

6.

Modernisation of the municipal landfill for solid waste in Vorkuta

3

1.7

Vorkuta

Ko6

 

EBRD; NDEP

 

7.

Actions to prevent oil pollution of Northern Dvina River, Krasnoye settlement, Arkhangelsk region

4

1.2(min)

7.8(max)

Dvina Bay

A7

A8

 

Regional program ‘Environment Protection...’

Municipal bud. financing

 

8.

Modernisation of the Waste Water System in the settlements Kachgort and Bondarny of Naryan-Mar in the Nenets Autonomous Okrug

2

2

Pechora Bay

N3-1

Naryan-Mar

EBRD; NDEP;

Long-term regional, city and municipal environmental programmes

 

9.

Construction of New Waste Water Treatment Facilities in Lesnaya Rechka Residential District, Arkhangelsk

2

0.8

Arkhangelsk

Dvina Bay

 

 

Long-term regional target program; Municipal budget financing

 

10.

Improvements of the municipal waste water system in Vorkuta

3

40.1

Vorkuta

 

 

EBRD; NDEP; NIB; MUE Vodokanal investment program

 

EAST

11.

Mothballing of Tailings of the Deputatsky Tin Ore Mining and Processing Plant Based on Sound Environmental and Health & Safety Principles (Yakutiya)

6

12.6

 

 

Deputatskiy

PSI; World Bank; USAID (US Agency for International Development); “Ellimination of Past Ecological Damage” Project (RF); PSI

 

12.

Closure and reclamation of the tailings at the Kular gold mill (Yakutiya)

3

3

 

 

Kular

“Ellimination of Past Ecological Damage” Project (RF); PSI, WB, USAID

 

15.

Restoration of Commercially Important Fish Species in the Subarctic and Arctic River Basins in Yakutiya

1

1

 

 

 

RF budget, EBRD

 

13.

Waste and Contamination Inventory and Clean-Up of the Wrangel Island Reserve (Chukchi)

4

1.4

 

 

 

WB, USAID; some Japanese and Scandinavian agencies (potentially)

 

14.

Recovery and Disposal of the RTG device located at Rogers Bay, Wrangel Island (Chukchi)

1.5

1

 

 

 

USAID; “Ellimination of Past Ecological Damage” Project (RF); PSI, Japanese and Scandinavian agencies,?

 

16.

Programme of Survey of Current and Historical Land-Based Contamination Sources of the Laptev Sea, East Siberian Sea and Chukchi Sea

1.5

1

Pevek

 

Iultin;

Chaunskiy Bay

“Ellimination of Past Ecological Damage” Project (RF); PSI, WB, USAID

 

 

*) Detailed reports on all regional pre-investment studies implemented under UNEP/GEF Project NPA-Arctic can be seen on the project web-site: http://npa-arctic.ru/html/pins.html

**) Russian Arctic “hot spots” database (in Russian only) can be find on the project web-site: http://npa-arctic.ru/rus/hs/hs_list_ru.html


Annex V

STEERING COMMITTEE

UNEP/GEF Project - Russian Federation: Support to the National Programme of Action for the Protection of the Arctic Marine Environment

 

Fifth Meeting

Moscow, Russia

24-25 March, 2011

 

 

STC 5/3.4

 

 

 

 

Environmental Protection System Component Implementation

 

Prepared by:                      the Project Office

Required actions:                for approval by STC members

 

 


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[1]

 

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:

 

  1. 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;

 

  1. 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;

 

  1. 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.

 

  1. 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;

 

  1. 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;

 

  1. To introduce a procedure for record keeping and certification of such areas/aquatic areas and sites; 

 

  1. 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;

 

  1. 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);

 

  1. 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;

 

  1. 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;

 

  1. 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;

 

  1. 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;

 

  1. 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;

 

  1. 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;

 

  1.  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;

 

  1. 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;

 

  1. 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:

 

  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 Marine Doctrine of the Russian Federation towards 2020, approved by the President of the Russian Federation, July 27, 2001;
  3. 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;
  4. The Resolution of the Government of the Russian Federation of 10 August 1998 N 919 "On the World Ocean Federal Targeted Program";
  5. 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.
  6. 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.;
  7. 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:

 

  1. 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);
  2. 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);
  3. 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);
  4. Everyone is obliged to preserve nature and the environment, care about natural resources (Article 58);
  5. 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);
  6. 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;

  1. 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"
  2. 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)
  3. 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
  4. 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)
  5. 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)
  6. 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)
  7. Russia's Energy Strategy Towards 2030 (approved by the Resolution of the Government of the Russian Federation on 13 November 2009 N 1715 p)
  8. The Russia’s Geological Sector Development Strategy towards 2030 (approved by the Government of the Russian Federation on 21 June 2010 N 1039-P)
  9. The Water Strategy of the Russian Federation Towards 2020 (approved by the Government of the Russian Federation on 27 August 2009 N 1235-P)
  10. The Fisheries Sector Development Strategy of the Russian Federation Towards 2020 (approved by the Fisheries Federal Agency, 30 March 2009 N 246)
  11. 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)
  12. 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)";
  13. 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

 

  1. The Federal Act "On Environmental Protection" of 10 January 2002 N 7-FL
  2. The Federal Act "On the Use Of Atomic Energy" of 21 November 1995 N 170-FZ
  3. The Federal Act "On Radiation Safety" of January 9, 1996 N 3-FL
  4. The Federal Act "On Industrial Safety Of Hazardous Production Facilities" of 21 July 1997 N 116-FL
  5. The Federal Act "On Technical Regulation" of 27 December 2002 N 184-FL
  6. The Federal Act "On Sanitary and Epidemiological Welfare" of 30 March 1999 N 52-FL
  7. The Federal Act "On Protection Of Population And Territories From Natural and Technological Emergencies" of December 21, 1994
  8. Federal Act "On Combating Terrorism" of March 6, 2006 N 35-FZ
  9. 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"
  10. 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"
  11. The Federal Act of 6 October 2003 N 131-FZ "On General Principles of Local Self-Governments in the Russian Federation"
  12. The Federal Act of 10 July 2001 N 92-FZ "On Special Environmental Programs, Remediation of Contaminated Areas"
  13. 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"
  14. The Federal Act of 24 November 2008 N 204-FZ "On Federal Budget for 2009 and for the Planning Period of 2010 and 2011;
  15. The Federal Act of 16 July 1998 N 101-FZ "On Regulation of Agricultural Lands Fertility Measures";
  16. The Federal Act of 30 December 1995 N 225-FZ "On Production Sharing Agreements";
  17. The Federal Act of 21 July 1997 N 117-FZ "On Safety of Hydraulic Structures"
  18. The Federal Act of 29 August 1993 N 5663-1 "On Space Activities"
  19. The Federal Act of 20 December 2004 N 166-FZ "On the Fisheries and Conservation of Water Biological Resources")
  20. The Federal Act of 24 April 1995 N 52-FZ "On Fauna"
  21. The Forest Code of the Russian Federation of 4 December 2006 N 200-FZ
  22. The Federal Act of 23 November 1995 N174-FZ "On Environmental Expert Review";
  23. The Federal Act of 30 November 1995 N 187-FZ "On the Continental Shelf of the Russian Federation";
  24. The Federal Act of 24 June 1998 N 89-FZ "On Production and Consumption Waste"
  25. The Federal Act of 17 December 1998 N 191-FZ "On the Exclusive Economic Zone of the Russian Federation"
  26. The Federal Act of 4 May 1999 N 96-FZ "On Protection of the Atmospheric Air
  27. The Federal Act of 8 August 2001 N 128-FZ "On Licensing of Specific Activities
  28. 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"
  29. 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”;
  30. The Federal Act of Jan. 10, 1996 N 4-FZ "On Land Reclamation"
  31. The Federal Act of April 3, 1996 N 28-FZ "On Energy Conservation"
  32. The Water Code of the Russian Federation of 3 June 2006 N 74-FZ
  33. The Federal Act of 21 February 1992 N 2395-1 "On Subsoil"
  34. The Land Code of the Russian Federation of 25 October 2001 N 136-FL
  35. The Code of the Russian Federation on Administrative Violations of 30 December 2001 N 195-FZ
  36. 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

 

  1. The Federal Act of 17 December 1998 N 191-FZ "On the Exclusive Economic Zone of the Russian Federation" (Article 27);
  2. The Federal Act of 30 November 1995 N 187-FZ "On the Continental Shelf of the Russian Federation" (Article 31);
  3. The Federal Act "On Environmental Protection" of 10 January 2002 N 7-FL
  4. The Federal Act of 23 November 1995 N174-FZ "On Environmental Expert Review";
  5. 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);
  6. The Federal Act of 10 July 2001 N 92-FZ "On Special Environmental Programs, and Rehabilitation of Radiation-Contaminated Areas" (p. 2 art. 5)
  7. 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";
  8. Procedures for State Environmental Expert Review (approved by the Resolution of the Government of the Russian Federation of 11 June 1996 N 698)
  9. 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);
  10. 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"
  11. 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);
  12. 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";
  13. 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);
  14. 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";
  15. 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);
  16. 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);
  1. 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)
  2. 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

 

  1. The Federal Act of 8 August 2001 N 128-FZ "On Licensing Specific Activities" (paragraph 74 Art. 17)
  2. The Federal Act of 21 February 1992 N 2395-1 "On Subsoil" (Art. 15, 16, 17.1)
  3. The Federal Act of 30 November 1995 N 187-FZ "On the Continental Shelf of the Russian Federation"
  4. The Federal Act "On Radiation Safety" (Article 10)
  5. The Federal Act of 24 April 1995 N 52-FZ "On Fauna" (Art. 33, 35 - 38);
  6. The Water Code of the Russian Federation (Part 2 of Art. 11, Art. 44);
  7. The Federal Act of 17 December 1998 N 191-FZ "On the Exclusive Economic Zone of the Russian Federation";
  8. The Federal Act of 31 July 1998 N 155-FZ "On the Internal Marine Waters, Territorial Sea and Contiguous Zone Of The Russian Federation";
  9. 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))
  10. 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)
  11. 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);
  12. Procedures for the Re-execution of Subsoil Use Licenses (approved by the Order of Russia’s MNR of November 19, 2003 N 1026);
  13. 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));
  14. 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);
  15. 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)
  16. 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"
  17. 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)
  18. 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);
  19. 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);
  20. 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);
  21. 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"
  22. 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";
  23. 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);
  24. The Resolution of the Government of the Russian Federation of 30 July 2004 N401 “On the Federal Service for Ecological, Technological and Nuclear Supervision";
  25. 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);
  26. 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);
  27. 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)
  28. 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)
  29. 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)
  30. 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)
  31. 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);
  32. 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)
  33. 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)
  34. 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);
  35. 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));
  36. 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)
  37. 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);
  38. Procedures for the Re-execution of Subsoil Use Licenses (approved by Order of Russia's MNR of November 19, 2003 N 1026);
  39. 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);
  40. 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);
  41. 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);
  42. 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);
  43. 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

 

  1. The Federal Act of 10 January 2002 N 7-FZ «On Environmental Protection" (Chapter XI, Art. 64 - 69);
  2. The Federal Act of May 4, 1999 N 96-FZ «On Air Protection" (Article 24);
  3. The Federal Act of 24 June 1998 89-FZ «On Production and Consumption Waste" (Article 25)
  4. The Act of the Russian Federation of February 21, 1992 N 2395-1 «On Subsoil" (Art. 37, 38);
  5. The Federal Act of 24 April 1995 N 52-FZ «On Fauna" (Art. 30, 31);
  6. The Federal Act of December 20, 2004 N 166-FZ «On Fisheries and Conservation of Water Biological Resources" (Article 54);
  7. The Water Code of the Russian Federation (Article 36);
  8. The Forest Code of the Russian Federation (Art. 96, 97);
  9. The Land Code of the Russian Federation (Art. 71);
  10. The Federal Act of December 17, 1998 N 191-FZ «On Exclusive Economic Zone of the Russian Federation» (Art. 35 - 39);
  11. 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);
  12. The Federal Act of November 30, 1995 N 187-FZ «On the Continental Shelf of the Russian Federation» (Art. 42 - 46);
  13. The Federal Act of April 3, 1995 N 40-FZ «On the Federal Security Service" (Article 12, paragraph "m");
  14. 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";
  15. 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";
  16. 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";
  17. 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);
  18. 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);
  19. 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);
  20. 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;
  21. Procedures for Exercising State Land Control, Approved by the Resolution of the Government of the Russian Federation of November 15, 2006 N 689;
  22. 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;
  23. 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);
  24. 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;
  25. 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;
  26. 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"
  27. 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);
  28. 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";
  29. 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";
  30. 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";
  31. 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";
  32. 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";
  33. 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";
  34. 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.
  35. 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);
  36. 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)
  37. 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)
  38. 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);
  39. 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);
  40. 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

 

  1. The Water Code of the Russian Federation of June 3, 2006 N 74-FZ;
  2. The Federal Act of 31 July 1998 N 155-FZ «On the Internal Marine Waters, Territorial Sea and Contiguous Zone of the Russian Federation»;
  3. The Federal Act of November 30, 1995 N 187-FZ «On the Continental Shelf of the Russian Federation»
  4. 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);
  5. 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;
  6. 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);
  7. 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;
  8. 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);
  9. 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)
  10. 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);
  11. 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);
  12. 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;
  13. 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);
  14. 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);
  15. 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;
  16. 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);
  17. The State Water Registry Maintenance Procedures. Approved by Resolution of the Government of the Russian Federation of 28 April 2007 N 253;
  18. The Water Bodies State Monitoring Procedures. Approved by Resolution of the Government of the Russian Federation of 10 April 2007 N 219;
  19. On Approving the Standards of Permissible Impacts on Water Bodies. Resolution of the Government of the Russian Federation of 30 December 2006 N 881;
  20. 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);
  21. 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;
  22. 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;
  23. 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

 

  1. The Federal Act "On Environmental Protection» of January 10, 2002 N 7-FZ
  2. The Land Code of the Russian Federation of 25 October 2001 N 136-FZ
  3. The Federal Act of 10 January 1996 N 4-FZ (in the version of 30.12.2008) «On Land Reclamation"
  4. 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"";
  5. 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";
  6. 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";
  7. 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"
  8. Resolution of the Government of the Russian Federation of November 28, 2002 N 846 "On Approving the State Land Monitoring Procedures";
  9. 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";
  10. 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";
  11. 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

 

  1. 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";
  2. 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";
  3. 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";
  4. 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”;
  5. 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);
  6. 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");
  7. 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);
  8. 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";
  9. 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";
  10. 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);
  11. 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";
  12. 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”);
  13. 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);
  14. 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);
  15. "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);
  16. "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);
  17. Sectoral Methodology for calculating ground level concentrations of pollutants in the emissions of compressor stations, and gas pipelines (Addition 1 to the OND-86);
  18. Instruction for regulating emissions (discharges) of pollutants into the atmosphere and water bodies, approved by the USSR State Environmental Committee of 09/11/1989;
  19. 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);
  20. Instruction for the inventory of air emissions. The USSR State Environmental Committee for Natural Resources, L, 1991;
  21. "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;
  22. 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);
  23. "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);
  24. 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);
  25. 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"
  26. 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";
  27. 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”;
  28. Resolution of the Government of the Russian Federation of 08.01.2009 N7 "On incentives to reduce air pollution from flaring";
  29. "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);
  30. "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);
  31. 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");
  32. 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);
  33. 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);
  34. 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";
  35. 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”;
  36. 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);
  37. 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";
  38. 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";
  39. Resolution of the Government of the Russian Federation of 23.08.2000 N622 "On Approving the Statute of the State Environmental Monitoring Service"
  40. Resolution of the Government of the Russian Federation of 31.03.2003 N 177 "On organizing and exercising state environmental monitoring”;
  41. 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";
  42. 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);
  43. 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);
  44. Resolution of the Government of the Russian Federation of 02.02.2006 N 60 "On approving the socio-hygienic monitoring procedures";
  45. The Rospotrebnadzor Order of 26.04.2005 N 385 "On managing socio-hygienic monitoring";
  46. 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";
  47. The Rospotrebnadzor Order of 17.11.2006 N 368 "On approving regulatory documents governing socio-hygienic monitoring";
  48. The Rospotrebnadzor Order of 21.08.2007 N 246 "On measures aimed at organizing and exercising the system of socio-hygienic monitoring”;
  49. 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";
  50. "Methodology for conducting social and hygienic monitoring. Guidelines N2001/83" (approved by the Ministry of Health of the Russian Federation 25/5/2001);
  51. "Guidelines for the hardware and software of socio-hygienic monitoring" (approved by Rospotrebnadzor 17.11.2006 N 0100/12297-06-34);
  52. 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);
  53. 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);
  54. 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);
  55. 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;
  56. 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;
  57. 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;
  58. 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

 

  1. The Federal Act of 24 June 1998 N 89-FZ «On Production and Consumption Waste"
  2. 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";
  3. 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";
  4. 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";
  5. 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";
  6. 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";
  7. 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";
  8. 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";
  9. 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";
  10. 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";
  11. 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";
  12. 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”;
  13. 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);
  14. 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);
  15. 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);
  16. 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);
  17. 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);
  18. 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);
  19. 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);
  20. 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";
  21. 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

 

  1. 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;
  2. 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);
  3. 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);
  4. 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";
  5. Resolution of the Government of the Russian Federation of August 31, 1994 N 1007 "On ratification of the Convention on Biological Diversity";
  6. 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";
  7. 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";
  8. 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";
  9. 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";
  10. 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";
  11. 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";
  12. 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";
  13. 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";
  14. 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»;
  15. 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";
  16. 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";
  17. 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";
  18. 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";
  19. 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";
  20. 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";
  21. 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";
  22. 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";
  23. 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";
  24. 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";
  25. 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";
  26. 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";
  27. 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”;
  28. Resolution of the Government of the Russian Federation of August 31, 1994 N 1007 "On Ratification of the Convention on Biological Diversity"
  29. 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";
  30. 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”;
  31. 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”;
  32. 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”;
  33. 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”;
  34. 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";
  35. 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";
  36. Resolution of the Government of the Russian Federation of 22 February 1997 N 192 "On the development of the World Ocean Federal Targeted Program";
  37. 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”;
  38. 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";
  39. 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";
  40. 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);
  41. Resolution of the Government of the Russian Federation of August 10, 1998 N 919 "On the World Ocean Federal Targeted Program";
  42. Resolution of the Government of the Russian Federation of 14 December 1998 N 1490 "On measures to strengthen governance of water biological resources";
  43. 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";
  44. 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)
  45. 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";
  46. 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";
  47. 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»;
  48. 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”;
  49. 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»;
  50. 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»;
  51. 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";
  52. 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)”;
  53. 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;
  54. 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;
  55. 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»;
  56. 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;
  57. 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;
  58. Order of the State Environmental Committee of Russia of September 24, 1998 N 542 "On maintaining the Red Book of the Russian Federation»;
  59. Order of the USSR Ministry of Fisheries Management of 30 June 1986 N 349 "On Rules for the Catches and Protection of Marine Mammals";
  60. Order of the USSR Ministry of Fisheries Management of 13 April 1983 N 187 "On the Angling and Sport Fishing Rules";
  61. 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";
  62. 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;
  63. 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

 

  1. 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;
  2. 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);
  3. 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);
  4. 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);
  5. 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);
  6. 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";
  7. 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";
  8. 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";
  9. 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";
  10. 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";
  11. 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);
  12. 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);
  13. 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);
  14. 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);
  15. 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;
  16. 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;
  17. 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;
  18. Methodology for determining environmental damage from trunk pipelines accidents; approved by the Russian Energy Ministry of 01.11.1995;
  19. 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;
  20. 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);
  21. 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;
  22. 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;
  23. 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;
  24. 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";
  25. 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

 

  1. Federal Act on Jan. 2, 2000 N 151-FZ "On Emergency and Rescue Services and Status of Rescuer Workers"
  2. 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»;
  3. 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";
  4. 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";
  5. Resolution of the Government of the Russian Federation of 30 December 2003 N 794 "On the integrated state system of emergency prevention and management”;
  6. 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»;
  7. 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»;
  8. 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";
  9. 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);
  10. RD 31.04.01-90. Rules for the cleanup of polluted ports water areas;
  11. 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;
  12. 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;
  13. 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

 

  1. The Convention on Nuclear Safety (Vienna, 21 September 1994);
  2. Vienna Convention on Civil Liability for Nuclear Damage, of May 21, 1963 (as amended by the Protocol of 12 September 1997);
  3. Federal Act of November 21, 1995 N 170-FZ «On the Use of Nuclear Energy";
  4. Federal Act of January 9, 1996 N 3-FZ «On Radiation Safety";
  5. Federal Act of 30 March 1999 N 52-FZ «On Sanitary and Epidemiological Welfare";
  6. Federal Act of 10 January 2002 N 7-FZ «On Environmental Protection";
  7. Federal Act of 21 December 1994 N 68-FZ «On Protection of Population and Territories from Natural and Technological Emergencies";
  8. Federal Act of 27 December 2002 N184-FZ «On Technical Regulation”;
  9. Federal Act of December 1, 2007 N 317-FZ «On the State Nuclear Energy Corporation “Rosatom”;
  10. 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»;
  11. Presidential Decree of May 12, 2008 N 724 "Matters Related to the System and Structure of Federal Executive Authorities";
  12. Resolution of the Government of the Russian Federation of 30 July 2004 N 401 "On the Federal Service for Environmental, Technological and Nuclear Supervision";
  13. 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";
  14. 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);
  15. 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;
  16. Legal and State Infrastructure for Nuclear Safety, Radiation Safety, Radioactive Waste and Transport Safety. IAEA, N GS-R-1;
  17. "Nuclear Safety Rules for Nuclear Fuel Cycle Facilities (NP-063-05)
  18. 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);
  19. 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);
  20. Federal Act of 21 July 1997 N 116-FZ «On Industrial Safety of Hazardous Production Facilities";
  21. General Safety Provisions for Nuclear Plants Concerning Design, Construction and Operation of Plants (OPB-82) / / Energoatomizdat, Moscow 1984;
  22. Presidential Decree of 11 July 2004 N 868 "Matters of the Ministry of Emergency Management and Civil Defense of the Russian Federation";
  23. 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";
  24. 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";
  25. 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;
  26. 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";
  27. 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";
  28. 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);
  29. 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);
  30. 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);
  31. 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";
  32. 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";
  33. 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

 

  1. Assessment report on climate change and its consequences in the territory of the Russian Federation/Rosgidromet. 2008;
  2. Stern. N. Key Elements of a Global Deal on Climate Change / The London School of Economics and Political Science. 2008. 56 p.
  3. IPCC, 2001 (IPCC): Climate Change 2001. Third Assessment Report of the Intergovernmental Panel on Climate Change. Summary for Policy Makers;
  4. IPCC Fourth Assessment Report. Working Group 1. Climate Change 2007. The Physical Science Basis.
  5. 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.;
  6. 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.
  7. 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"
  8. 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;
  9. 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";
  10. 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";
  11. 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";
  12. 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"
  13. 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;
  14. 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";
  15. Order of the Government of the Russian Federation of 27 June 2009 N 884-p;