December 20, 2005
Federation Council, Federal Assembly of the Russian Federation
After considering and discussing actual issues regarding legal ensuring of protecting atmospheric air and problems of implementing Kyoto Protocol of UN Frame Convention, participants of parliamentary hearings, organized by the Committee of Federation Council on Science, Education, Health Care and Ecology jointly with the Committee of Federation Council on Natural Resources and Protection of Environment, note the following:
Urgency of discussed problem depends on the fact that in the Russian Federation in parallel with economic growth increases also the level of environmental pollution caused by industrial exhausts, leakages, escapes and wastes. This is connected with unsatisfactory state of basic funds, obsolete machinery and equipment, lack of financing or unwillingness of allocating means for purchasing new machinery as well as with imperfection of ecological legislation.
Unsatisfactory situation with protecting atmospheric air has arisen in recent five years. Exhausts of pollutants into atmospheric air from stationary sources increased from 18.8 million tons in 2000 to 20.5 million tons in 2004. At the same time catching and rendering harmless air pollutants from stationary sources decreased from 66 to 56 million tons.
In 2004 the first place by exhausts of pollutants to atmosphere from industrial stationary sources was occupied by fuel industry (more than 6.2 mln. t.), the second was ferrous and non-ferrous metal industry (more than 5.5 mln. t.) and the third – energetics (3.3 mln. t.). In transportation complex exhausts of carbon oxide increased on 30%.
Control on the quality of atmospheric air and protection of people against pollutants is regulated by federal laws “On Protection of Atmospheric Air”, “On Sanitary-Epidemiological Well-Being of Population” as well as by many other legal-regulatory acts, which require perfecting.
Also needs perfecting organizational mechanism for protecting atmospheric air, first of all regarding state control on measures for protecting atmospheric air to what should be attracted subjects of the Russian Federation.
Importance of solving problems connected with atmospheric air pollution has increased in connection with ratifying by the Russian Federation Kyoto Protocol of UN Frame Convention on Climate Changes (thereafter Kyoto Protocol), as in this connection the Russian Federation has shouldered obligations of not exceeding determined for the Russian Federation aggregate quantity of green-house gases’ exhausts of anthropogenic nature in comparison with level of 1990 for the whole period from 2008 till 2012 when these obligations remain valid.
Kyoto Protocol aimed at achieving goals of UN Frame Convention on Climate Changes (thereafter UN FCCC) binds each country, including the Russian federation, while implementing their quantitative obligations on reducing and decreasing green-house gases’ exhausts, to conduct, with aim of promoting sustainable development, in agreement with its national conditions the policy and measures which include more wide use of innovative and ecologically safe technologies.
A very important integral part of positive effect of projects on reducing green-house gases’ exhausts is attendant to them reduced exhausts of common pollutants. This so called “attended benefit” should become an additional stimulus making more active measures on decreasing exhausts of green-house gases
Thus, perfecting legislation in the field of protecting atmospheric air and ecological legislation as a whole should be closely connected with forming legal environment for implementing Kyoto Protocol.
For implementing Kyoto Protocol, the Government of the Russian Federation in February 2005 issued an order for all interested ministries and agencies according to which they were recommended of fulfilling the Complex action plan on its realization. In May 2005 for coordinating activities of federal organs of power by the Ministry of Economic Development and Trade was organized an Interdepartmental Commission on Problems of Implementing Kyoto Protocol. But implementing of this plan is delayed. By now not a single regulatory-legal act in support of implementing Kyoto Protocol was adopted.
Draft laws regarding state regulation of exhausts and absorption of green-house gases; property rights on volumes of reduced exhausts of green-house gases; forming market of quotas on exhausts of green-house gases, including determining legal status for a unit of reduced exhausts and some other were submitted to the State Duma.
At present time evaluating climate changes is carried out by Rosgidromet on the basis of standard observations of meteorological processes using network of metrological stations. By now we still don’t have sate system of evaluating and registering green-house gases, able to secure conclusive substantiation of the Russian Federation’s position regarding volumes of national quotas for the second and next periods of acting Kyoto mechanisms based on verified quantitative evaluation of the whole balance of green-house gases.
According to established international practice, such system includes a network of scientific carbon stationary posts for studying by joint scientific program and within the frames of joint methodological base processes of natural emission and deposition of carbon and for supplying national calculations as for carbon stocks of anthropogenic nature with properly documented scientific information.
Serious challenges on the way of implementing requirements of Kyoto Protocol regarding inventory of stocks and sources of green-house gases in the field of land management and forestry are created by different departmental approaches to accounting land and forest funds. Given shortcomings provoke mistrust from the side of international experts and can lead to difficulties connected with submitting national reports on amounts of stocks in land and forest management to international organs of Kyoto Protocol.
Ratification of Kyoto Protocol by Russia creates opportunities for attracting foreign investments into projects aimed at decreasing exhausts and increasing stocks of green-house gases. On of the perquisites for starting up corresponding project activities is securing procedures of validating climatic investment projects and verifying decrease of green-house exhausts by independent companies, that is by so called “third party”. At the same time the procedure of accrediting independent companies by organs of Kyoto Protocol is very expensive and excessively bureaucratic, what decreases attractiveness of climatic projects. Absence of adequate procedures in Russia for technical regulating in the field of accrediting independent companies creates additional unjustified barriers for preparing and implementing climatic projects. But it should be mentioned that in Russia are already in progress processes of creating and functioning a national system of voluntary certification as for decreasing levels of anthropogenic exhausts of green-hose gases.
Lack of corresponding regulatory-legal base prevents creating conditions attractive for enterprises realizing projects on decreasing emission of green-house gases for receiving additional funds foreseen for Projects of Joint Execution (PJE) or quotas trade.
By now still haven’t been adopted the Resolutions of the Government of the Russian Federation:
- «On Approving the Order for Approving, Registering and Controlling on Implementing PJE in the Russian Federation in accordance with Article 6 of Kyoto Protocol»;
- «On Approving Status of National System for Evaluating Anthropogenic Exhausts from the Sources and Absorbing Gases Liable to Evaluating in Accordance with Kyoto Protocol»;
- «On Approving the Order on Register for Transferring to other Countries – Parties of Kyoto Protocol Units of Established Quantity, including Units of Decreasing Exhausts of Green-House Gases and Certified Decreases of Exhausts».
Ministry for Economic Development and Trade didn’t approve methodological recommendations for the Russian companies conducting activities abroad on implementing mechanism of clear development in accordance with Article 12 of Kyoto Protocol.
Ministry of Energetics and Industry didn’t prepare the list of measures on decreasing gas loses in gas industry.
Ministry for Natural Resources slowly works on creating national system of evaluating and cadastre, what also makes more difficult implementing projects of joint execution.
By implementing requirements of Kyoto Protocol, the Government of the Russian Federation, Russian enterprises-manufacturers of equipment for nature protection should take into account issues of realizing opportunities for exporting technologies, products and services of environmental nature within the frames of mechanisms of clean development and joint execution. Such projects could be realized first of all in CIS countries (Uzbekistan, Azerbaijan, Turkmenistan and others). Thus, taking into account importance of this sphere for developing Russian machine building industry engaged in producing equipment needed for nature protection purposes, it’s necessary to foresee measures on stimulating export of corresponding Russian machinery and services within the frames of the projects on clean development and joint execution.
By now is still not determined position of the country regarding quotas trade on domestic and world markets.
Implementation of Kyoto Protocol is closely connected with introducing economic mechanisms of nature protection, including fees for negative impact on environment and ecological insurance, for what is needed urgent adoption of corresponding federal laws.
Necessary direction in perfecting air protection activities and implementing Kyoto Protocol is development of legal rules for regulating technogenic activities within the frames of implementinf a Federal Law “On Technical Regulating”. By this first of all should be developed technical regulations based on the best available technologies in energetic and transportation sectors regarding utilization of wastes, as well as technologies for metallurgical, cement, chemical and other industries.
In Program of social-economic development of the Russian Federation and regional programs of social-economic development by now are not included measures aimed at implementing obligations prescribed by UN Frame Convention on Climate Changes and Kyoto Protocol and adapting to occurring and expected climate changes in the Russian Federation.
With the aim of realizing systematic approach to solving problems of atmospheric air protection and with taking into account implementing Kyoto Protocol, participants of parliamentary hearings adopted the following recommendations:
- Recommendations for the Federal Assembly of the Russian Federation:
- To make more active efforts on adopting the package of federal laws connected with implementing Kyoto Protocol as well as bills on perfecting legislation in the field of protecting atmospheric air.
- To accelerate developing and adopting draft federal law “On Fees for Negative Impact on Environment” which conception should be based on using the best available technologies.
- Recommendations for the Government of the Russian Federation:
- To develop and to adopt by the decree of the Government of the Russian Federation a Complex Action Plan of the Government of the Russian Federation on Implementing Kyoto Protocol.
- To nominate a federal organ of executive power responsible for implementing Kyoto Protocol and cooperating between federal organs of executive power in the course of its implementation.
- To develop and to submit in established order bills regarding: state regulating of exhausts and absorption of green-house gases; property rights on volumes of reduced exhausts of green-house gases; forming the market of quotas on exhausts of green-house gases and some other bills harmonized with international legislation.
- To accelerate developing and adopting the Decisions of the Government of the Russian Federation:
- “On Approving the Order of Approving, Registering and Controlling for Implementing Projects of Joint Execution in the Russian Federation in Accordance with Article 6 of Kyoto Protocol”;
- “On Approving the Status of National System for evaluating anthropogenic exhausts from the sources AND absorbing green-house gases subject to evaluating in accordance with Kyoto Protocol”, with specifying obligations of federal organs of executive power on establishing system of information resources;
- “On Approving the Order on registering transfers to other countries-parties of Kyoto Protocol units of established quantity, including units of green-house reduced exhausts and certified reductions of exhausts”.
- To use conception of “the best available technologies” by developing technical regulations with special emphasis on problem of reducing exhausts of pollutants to atmosphere including green-house gases;
- To consider question of introducing additions and changes into acting tax legislation with aim of establishing tax privileges for industrial enterprises which achieved reduced levels of harmful exhausts as well as for enterprises – producers of nature friendly and energy saving equipment.
- To make more tough requirements to gas cleaning and other purification facilities at the stationary sources of industrial pollutants by developing technical regulations “On safe exploitation and utilizing machinery and equipment”.
- To develop and adopt measures on stimulating participation of Russian enterprises and institutions – producers of nature protective machinery and services in realizing mechanisms of clean development and joint execution In CIS states and other countries.
- To foresee measures on achieving concrete goals by industry branches within the context of obligations to Kyoto Protocol by developing draft forecasts of the social-economic development of the Russian Federation for 2006 as well as in middle- and long term perspective.
- To develop and adopt in established order the Federal special purpose program on implementing Kyoto Protocol with allocating budget financing for program measures, including introducing national innovative projects aimed at achieving energetic efficiency, energy saving, resources saving, complex wastes utilizing and their involving into commercial turnover, developing ecologically clean industrial enterprises and transportation means.
- To increase the status of Interdepartmental Commission on Problems of Implementing Kyoto Protocol by giving it the status of Governmental Commission with including into its composition representatives of Federal Assembly, regional organs of state power, industry, science and public organizations.
- To make more specific responsibilities of interested organs of federal executive power in implementing Kyoto Protocol.
- To stir up activities on forming legislative, ecological-economic and organizational mechanisms for securing development of Russia in the next period of Kyoto Protocol’s validity (after 2012).
- To organize an interdepartmental commission on removing controversial interpretations in state register of lands and forests.
- To include into the list of technical regulations for developing in 2006 development of special technical regulations in the field of utilizing wastes as well as regarding evaluating and confirming compliance in the sphere of exhausting and absorbing green-house gases.
- To consider an issue on increasing financing for forests fire protection by formulating draft federal budgets for 2007 and following years.
- Recommendations for the Committee of Federation Council on Science, Culture, Education, Health Care and Ecology:
- To accelerate developing and submitting for consideration of Federal Assembly bills “On Compulsory Ecological Insurance”, “On Including Changes and Amendments into Federal Law “On Industrial and Everyday Wastes”(regarding utilization of packing wastes)” and “On Special Technical Regulations “On Packing and Packing Wastes”.
- Recommendations for the Ministry of Finances of the Russian Federation:
- To secure financing of scientific researches on quantitative evaluation and monitoring the whole balance of green-house gases including research on establishing a national network of carbon stationary posts and the whole range of researches on basing the quotas of the Russian Federation as for stock of green-house gases at the expense of land- and forest management for the second and following periods of the Kyoto Protocol activity.
- Recommendations for the Ministry for Natural Resources of the Russian Federation and other interested federal organs of executive power:
- To propose changes and amendments into acting instructions on the order of conducting forest fund’s state accounting in the lines of increasing periodicity of accounting; broadening the list of included into accounting factors; and forming common reference books on the forests under jurisdiction of different agencies.
- To revise acting forest management instructions with aim of securing more full accounting of forests’ ecological parameters.
- Recommendations for the Ministry of Foreign Affairs together with the Ministry of Economic Development and Trade of the Russian Federation:
- To analyze the opportunities of Russian enterprises and organizations for participating in projects of clean development and projects of joint execution in CIS countries and other states and to develop corresponding recommendations.
- To make more systematic activities on involving foreign partners into projects of joint execution, and as for CIS countries – into projects of clean development.
- Recommendations for the ministry of Education and Science of the Russian Federation:
- To organize, within the frames of the state order, training of specialists on investigating the whole carbon balance needed for efficient functioning of national network of stationary carbon posts.
- Recommendations for the Ministry of Industry and Energetics of the Russian Federation together with Federal Agency on Technical Regulation and Metrology:
- To develop special technical regulations on evaluating and confirming compliance in the sphere of green-house gases’ exhausts as well as in the field of utilizing the wastes.
- Recommendations for the Federal Agency on Technical Regulation and Metrology together with Federal Service on Hydrometeorology and Environmental Monitoring:
- To render organizational, information, methodological assistance to independent Russian organizations engaged in the field of voluntary certification regarding decreasing exhausts and accumulating stocks of green-house gases by their international accreditation including in the system of UN FCCC.
- To develop procedures of accrediting independent organizations (third party) harmonized with international requirements including requirements of UN FCCC Observation Council for following corresponding accreditation in this system
- Recommendation for the Russian Academy of Sciences with involving Center on Problems of Ecology and Forest Productivity and other interested organizations:
- To make more active scientific researches on quantitative evaluation and monitoring the whole balance of green-house gases including research on establishing a national network of carbon stationary posts and basing the quotas of the Russian Federation as for stock of green-house gases an the expense of land- and forest management for the second and following periods of the Kyoto Protocol activity, as well on the fields of different influenced factors including anthropogenic climatic changes.
- To organize in 2006 a conference devoted to solving problems, connected with researches on carbon themes with participation of interested organs of state power, scientific and other organizations.
- To develop and submit to the Federation Council, Government of the Russian Federation, and Russian Academy of Sciences proposals on structure, order of activities and financing of a national network of carbon stationary posts.
- Recommendations for the regional organs of state power of the Russian Federation:
- To foresee as first priority by developing and implementing regional specific programs of nature protection activities on protecting atmospheric air.
- To consider a question of increasing financing for forests fire protection and to submit corresponding proposals to the drafts of federal laws “On Federal Budget for 2007” and subsequent years.
- To organize developing and implementing on territorial levels and at major enterprises-polluters environmental programs and measures focused on stage-by-stage achieving established for them norms of maximum permitted harmful impacts on environment (in accordance with long-term ecological goals, technological bench-marks and specific standards of effecting environment) and to secure efficient control on their fulfillment.
- To conduct systematic, goal-oriented activities with interested federal organs of executive power regarding projects of joint execution and implementing other requirements of the Kyoto Protocol.
- Recommendations for the leaders of industrial enterprises:
- To take necessary measures on introducing at the enterprises systems of control on environment based on ICO 14000 standards.
- To organize obligatory training in ecological management for managers and personnel of enterprises.
Chairman of the Committee on Science, Culture,
Education, Health Care and Ecology,
The Federation Council
V.E. Shudegov
