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Draft Law on Ensuring Fulfillment of International Ozone Layer Protection Obligations Passed the Second and Third Reading at the Russia’s State Duma

July 04, 2013

On July 3, 2013, draft law “On amending Article 82 of the Russian Code of Administrative Violations and Federal Law “On Environment Protection” in part of ensuring the fulfillment by the Russian Federation of its obligations under the Montreal Protocol on Substances That Deplete the Ozone Layer to the Vienna Convention for the Protection of the Ozone Layer” successfully passed the second and third reading by the State Duma. If endorsed by the Council of Federation and signed by the President of the Russian Federation, the new law may come into effect already on January 1, 2014. It will not only ensure fulfillment of the Russia’s international obligations but also spur the Russian manufacture, education and civilized business.

The so-called Ozone Legislation of the Customs Union and Russia was continuously developing and improving. Thus, 2012 saw a package of important legal documents:

  • Resolution of the EurAsEC Customs Union Commission No. 158 dated September 18, 2012, banned import of products containing ozone-depleting substances.
  • Ozone-depleting substances were included into the List of strategic goods and resources for the purposes of article 226.1 of the Criminal Code of the Russian Federation approved by regulation of the Government of the Russian Federation No. 923 dated September 13, 2012. Their illegal import shall be punishable by deprivation of liberty for a term of three to twelve years and a fine in the amount of up to one million rubles or of the income of the convicted person for a period of up to five years.
  • The list of border checkpoints through which the arrival of ozone-depleting substances on the territory of the Russian Federation is legally permitted was limited to 8.
  • D. Medvedev, the Chairman of the Government of the Russian Federation, signed Edict No. 1413-p that instructs several federal executive bodies to force the pace of activities on the ODS phase out and stimulation of production of ozone-safe equipment based mainly on natural refrigerants.

D. Medvedev also signed Edict No. 2189-p “On the plan of main activities related to conducting the Year of the Environmental Protection in the Russian Federation” (dated 26.11.2012) and No. 723-p “On holding the All-Russian Competition “Protect the Ozone Layer and Earth Climate” (dated 30.04.2013). Currently, the Competition is ongoing, it is a success with more than 400 papers by regional winners presented by the Russian regions. On the International Day for the Preservation of the Ozone Layer which usually takes place on September 16, 36 competition winners from all over Russia will be announced.

All these measures are extremely important but not enough for Russia’s fulfillment of its international obligations under the Montreal Protocol. A new federal law and by-law are needed, which, in addition to fulfillment of those obligations, would:

  • Accelerate transition from ozone-depleting technologies already prohibited in developed and many developing countries to ozone-safe ones.
  • Interdict illegal import of ozone-depleting substances and decrease their leakages.
  • Stimulate development of the Russian manufacture of refrigerating equipment, foam materials, medical and other devices.
  • Enable competitiveness of Russian enterprises not only at the domestic but also at the international market.
  • Ensure chemical and technological security of the Russian Federation, inter alia, through mastering production and use of natural refrigerants.
  • Solve the problem of development of the Russian education in the field of HVAC&R and foam production where ODS are used, with due consideration of the transition to new technologies.
  • Build a monitoring system for ozone-depleting substance use.
  • Build a destruction system for ozone-depleting substances and equipment containing ODS.
  • Ensure continuous operation of ODS-based special-purpose machines until their EOL.
  • Develop a long-term Russian industrial strategy for sectors where ozone-depleting substances and greenhouse gases are used with account of the fact that all developed countries are refusing to use F-gases and have already amended or are amending their legislation in this regard.

In the course of preparation of the draft law, the Ministry of Natural Resources and Environment of the Russian Federation carried out tremendous work. Several meetings with representatives of federal executive bodies (MNRE of Russia, MIT of Russia, MOI of Russia, FCS of Russia, and FTS of Russia); heads of major manufacturers and suppliers of refrigerants; industry associations and self-regulated organizations working in the field of HVAC&R equipment installation and maintenance were held together with UNIDO. After its formation, UNIDO-Business working group prepared proposals on a package of by-laws to the new Federal law for MNRE. At the same time, the ministry monitored the implementation of UNIDO/GEF/MNRE Project “Phase out of HCFCs and Promotion of HFC-Free Energy Efficient Refrigeration and Air-Conditioning Systems in the Russian Federation Through Technology Transfer” which would help the largest Russian manufacturers and, on the whole, Russian government. In October 2013, joint conference “Natural refrigerant ammonia. Chemical and technical security of the Russian Federation” organized by UNIDO, GEF and MNRE will take place. Its aim is support to proliferation of ozone-safe natural refrigerants.

UNIDO-Business working group is now starting preparation of detailed proposals on by-laws to the new Federal law. We invite all stakeholders to take part in this work which is vital for all of us.

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