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Phase-out of ozone-depleting substances
and fluorinated greenhouse gases in the Russian Federation

Legislation of the Russian Federation

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Russian legislation on protection of the ozone layer and climate includes:

Acts of law

Federal law dd. 04.05.1999 No. 96-FZ “On Protection of Atmospheric Air”

Point 8 Article 16 prohibits “design, arrange and build economical and other activity facilities operation of which may lead to adverse change of the climate and ozone layer, impairment of human health, destruction of genetic heritage of plants and genetic heritage of plants animals, irreversible effects on people and environment”.

Federal law dd. 10.01.2002 No. 7-FZ “On Protection of the Environment”

(as amended by Federal lawdd. 23.07.2013 No. 226-FZ)

Article 1 of the law defines such basic concepts as ozone-depleting substances (ODS), use, recovery, reclamation, recirculation, destruction and consumption of ODS.

Article 18.1 provides for economic incentives for phase-out of use and production of ODS and products containing them.

Article 51 sets environment protection requirements to be observed when handling production and consumer waste and bans landfilling equipment containing ODS without their recovery for further reclamation or destruction.

Article 54 establishes that protection of the ozone layer shall be accomplished through legislative instruments of the Government of the Russian Federation on control over ODS production and use. Such control would be in accordance with international treaties, rules of international law and Russian legislation.

Article 69.1 establishes objectives, content and order of the governmental accounting of ODS use.

Federal law dd. 23.07.2013 No. 226-FZ “On Alternation of Federal Law “On Protection of the Environment” and certain legislative acts of the Russian Federation”

Federal law provides the legal basis for fulfillment of Russia’s obligations under the Montreal Protocol, establishes list of ODS to be controlled by the government and allowable volume of production and consumption of such substances.

The law also establishes administrative liability for not meeting the requirements on use of ODS.

Code of the Russian Federation on Administrative Offences dd. 30.12.2001 No. 195-FZ

(revised 23.04.2018, effective since 14.05.2018)

Article 8.2 prescribes liability for not meeting environmental and sanitary-epidemiological requirements during collection, accumulation, use, decontamination, transportation, location and other handling of production and consumer waste, substances that deplete the ozone layer or other hazardous substances.

CitizensAdministrative fine from 1,000 to 2,000 rubles
OfficialsAdministrative fine from 10,000 to 30,000 rubles
Sole tradersAdministrative fine from 30,000 to 50,000 rubles or administrative suspension of activity for up to 90 days
Legal entitiesAdministrative fine from 100,000 to 250,000 rubles or administrative suspension of activity for up to 90 days

Criminal Code of the Russian Federation dd. 13.06.1996 No. 63-FZ

(revised 29.07.2018)

Article 226.1 prescribes liability for trafficking goods and resources of strategic importance (which include ODS and products containing them, according to Regulation of the Government of the Russian Federation dd. 13.09.2012 No. 923) through the customs border of the Eurasian Economic Union or National Border of the Russian Federationon a massive scale: custody for the period from 3 to 7 years (from 7 to 12 years in case of conspiracy) and fine of up to 1,000,000 rubles.

Federal Subordinate Legislation

Decree of the President of the Russian Federation dd. 39.09.2013 No. 752 “On Reduction of Greenhouse Gas Emissions”

The decree directs to ensure reduction of greenhouse gas emissions by 75% as compared to the level of 1990 in 2020.

Regulation of the Government of the Russian Federation dd. 03.07.1992 No. 378 “On Measures to Ensure Discharge of Obligations of the Russian Federation under the Vienna Convention for the Protection of the Ozone Layer and Montreal Protocol on Substances that Deplete the Ozone Layer”

(revised by Regulation of the Government of the Russian Federation dd. 20.05.97 No. 612, 26.07.2004 No. 380)

Inter alia, the regulation assigns relevant organizations and agencies to develop a state programmed on production of ozone-safe refrigerants and evaluate amount of financing for respective research.

Regulation of the Government of the Russian Federation dd. 27.08.2005 No. 539 “On Adoption by the Russian Federation of Amendments to the Montreal Protocol on Substances that Deplete the Ozone Layer”

With this instrument, the Russian Federation joined the Copenhagen, Montreal and Beijing amendments.

Regulation of the Government of the Russian Federation dd. 06.07.2012 No. 687 “On Designation of Border Checkpoints of the Russian Federation Through Which Import of Ozone-Depleting Substances into the Territory of the Russian Federation is Allowed”

The regulation with the annex establish the list of border checkpoints:

  • Ubylinka, motor vehicle checkpoint (Russian-Latvian state border),
  • Ivangorod (Russian-Estonian state border), Sebezh (Russian-Latvian state border), railway checkpoints,
  • Big Port Saint Petersburg, Vladivostok, Vostochny, Kaliningrad, Novorossiysk, marine checkpoints.

Regulation of the Government of the Russian Federation dd. 24.03.2014 No. 228 “On Measures of the State Regulation of Consumption and Circulation of Ozone-Depleting Substances” (as amended and revised)

The document was prepared by the RF Ministry of Natural Resources and Environment to implement Federal law dd. 23.07.2013 No. 226-FZ “On Alternation of Federal Law “On Protection of the Environment” and certain legislative acts of the Russian Federation” on the base of proposals of UNIDO–Business working group established as part of UNIDO/GEF-MNRE HCFC phase-out project.

The regulation dd. 20.11.2014 No. 1229 made amendments to the reporting forms on produced, used, stored, recovered, reclaimed, recirculated and destructed ODS to be controlled by the government.

Order of the Government of the Russian Federation dd. 02.04.2014 No. 504-p “On Approval of the Action Plan to Ensure Reduction of Greenhouse Gas Emissions by the Level from 75% as compared to the level of 1990 in 2020”

The document approves the action plan to fulfill the decree of the President of dd. 30.09.2013 No. 752 “On Reduction of Greenhouse Gas Emissions”.

Agency-level documents

Order of the Ministry of Natural Resources and Environment of the Russian Federation dd. 22.11.2011 No. 907 “On Approval of the Administrative Procedure on Provision of State Service on Issue of Permits for Transboundary Movement of ODS and Products Containing Them for the Federal Service for Supervision in the Sphere of Natural Resources”

(revised 15.07.2013)

The order approves: administrative procedure on provision of state service on issue of permits for transboundary movement of ODS and products containing them for the Federal Service for Supervision in the Sphere of Natural Resources; list of local offices of the Federal Service; procedure for issue of permits for transboundary movement of ODS and products containing them.

Order of the Ministry of Natural Resources and Environment of the Russian Federation dd. 09.07.2014 No. 319 “On Approval of the Procedure for Annual Calculation of Allowable Volume of Production of ODS in the Russian Federation and Annual Calculation of Amount of Certain ODS in the Allowable Volume of Consumption of ODS in the Russian Federation”

(revised 01.04.2016)

The order establishes the procedure for calculation of allowable volume of production and consumption of ODS. The Ministry of Industry and Trade of the Russian Federation is recommended annually submit information about producers of ODS and proposals on production level to the Ministry of Natural Resources and Environment while legal persons and sole proprietors are recommended to provide information about required ODS which are not produced in RF and data on actual import of such ODS for previous 5 years.

Regulation of the Ministry of Natural Resources and Environment dd. 16.04.2015 No. 15-p “On Approval of Recommended Practice for Voluntary Inventory of Greenhouse Gas Emission Volume in Constituent Entities of the Russian Federation”

The regulation approves recommended practice for voluntary inventory to fulfill order of the Government of the Russian Federation dd. 02.04.2014 No. 504-p “On Approval of the Action Plan to Ensure Reduction of Greenhouse Gas Emissions by the Level from 75% as compared to the level of 1990 in 2020”.

Order of the Federal State Statistics Service dd. 14.11.2017 No. 754 “On Approval of the Complex System of Statistical Indicators on Environment Protection in the Russian Federation with account of International Recommendations”

The system approved by the document includes such data ODS consumption, greenhouse gas emissions, production and consumption of energy (general and using renewable energy sources).