By the 25th Anniversary of the Montreal Protocol the Russian Ministry of Natural Resources and Environment Toughens Up Ozone Laws
September 28, 2012
The Ministry of Natural Resources and Environment of the Russian Federation commemorates the 25th anniversary of the Montreal Protocol on substances that deplete the ozone layer with a number of critical changes both in the Russia’s and Custom Union’s law.
1. Import of ozone-depleting substances and ODS-containing products into the territory of the Customs Union will be banned from January 1, 2013
2.1. OZONE-DEPLETING SUBSTANCES OF LIMITED IMPORT AND EXPORT TO/FROM THE CUSTOMS UNION ( * ), ( ** )
2. For import of ozone depleting substances: 3–10 years + penalty up to RUR 1 mln or equal to the amount of other income for the period of up to five years
So,
“1. The movement across the customs border of the Russian Federation of narcotics, psychotropic substances, potent, poisonous and radioactive substances, toxic agents, explosives, sources of radiation, nuclear materials, firearms, explosive devices, ammunition, weapons of mass destruction, means of delivery thereof, other armaments and other military hardware, as well as of materials and equipment, which can be used in the development of weapons of mass destruction and means of delivery thereof, of other armaments and other military hardware, in respect of which special rules for the movement across the customs border of the Russian Federation have been introduced, or strategic raw materials, or items of cultural value –
“shall be punishable by deprivation of liberty for a term of three to seven years, with or without a fine in the amount of up to 1 million rubles or in the amount of the wage or salary, or any other income of the convicted person for a period of up to five years, or deprivation of liberty for a term of up to one year.
“2. Deeds envisaged by the first part of the present Article, and committed:
“a) by an office-bearer through his official position,
“b) with the use of violence against a person exercising customs or border control,
“shall be punishable by deprivation of liberty for a term of five to ten years, with or without a fine in the amount of up to one million rubles or in the amount of the wage or salary, or any other income of the convicted person for a period of up to five years, or deprivation of liberty for a term of up to eighteen months.
“3. Deeds envisaged by the first or second parts of the present Article, and committed by an organized group,
“shall be punishable by deprivation of liberty for a term of seven to twelve years, with or without a fine in the amount of up to one million rubles or in the amount of the wage or salary, or any other income of the convicted person for a period of up to five years, or deprivation of liberty for a term of up to two years.
“Notes. 1. The list of strategic goods and resources for the purposes of the present Article shall be endorsed by the Government of the Russian Federation.
“2. Large amount of strategic goods, resources and items of cultural value in this Article shall be goods, resources and items of cultural value to the amount more than one million rubles”.
3. The Public Council under the Ministry of Natural Resources and Environment of the Russian Federation and the Public Council under the Federal Service for Hydrometeorology and Environmental Monitoring endorsed the project of the federal law “On amending certain legislative acts of the Russian Federation” (with regard to measures to enforce the obligations of the Russian Federation under the Montreal Protocol on substances that deplete the ozone layer and the Vienna Convention for the Protection of the ozone layer)
Among the participants were: representatives of the Ministry of Natural Resources and Environment of the Russian Federation, Public Chamber of the Russian Federation, Greenpeace Russia, WWF Russia, non-governmental foundation “Citizen”, Lomonosov MSU, Russian Academy of Sciences (RAN), Gubkin Russian State University of Oil and Gas, and other non-governmental environmental organizations.
4. The list of border checkpoints through which the arrival of ozone-depleting substances on the territory of the Russian Federation was limited
The regulation of the Government of the Russian Federation No. 687 “On determination of border checkpoints of the Russian Federation through which the arrival of ozone-depleting substances on the territory of the Russian Federation is permitted“ dated July 6, 2012
The Government of the Russian Federation resolves:
To establish that arrival on the territory of the Russian Federation of ozone-depleting substances indicated in points 1.1 and 2.1 of the Unified List of Goods Subject to Export and Import bans or Restrictions by the Member States of the Customs Union Within the Eurasian Economic Community in Trade with Third Countries approved by Resolution No. 19 of the Interstate Council of the Eurasian Economic Community dated November 27, 2009, “On Unified Non-Tariff Regulation of the Customs Union of the Republic of Belarus, Republic of Kazakhstan and Russian Federation” is allowed at border checkpoints of the Russian Federation on the list according to the attachment.
Chairman of the Government
of the Russian Federation
D. Medvedev
Attachment to Regulation of the Government of the Russian Federation No. 687 dated July 6, 2012
List of check-points on the border of the Russian Federation through which the arrival of ozone-depleting substances on the territory of the Russian Federation is permitted.
I. Automobile checkpoints
Russian-Latvian state border
1. Ubylinka
II. Railway checkpoints
Russian-Estonian state border
2. Ivangorod
Russian-Latvian state border
3. Sebezh
III. Sea checkpoints
4. Big port Saint Petersburg
5. Vladivostok
6. Vostochny
7. Kaliningrad
8. Novorossiysk
5. The Government of the Russian Federation issued an order that directs ministries to force the pace of activities on phase out of ozone-depleting substances and to encourage production of ozone-safe equipment.
In particular, various ministries were directed to:
- Propose on additions to respective technical regulations to be submitted to the EurAsEC Customs Union Commission,
- Develop standards providing for use of ozone-safe substances in new refrigerating equipment and requirements for recovery of ozone-depleting substances from used equipment for further regeneration with the aim of re-use, or destruction, Develop a number of other standards harmonized with European ones,
- Develop and assimilate production of ozone-safe refrigerating equipment, including that with small ammonia charge,
- Elaborate measures of state support aimed at incentives on replacement of ODS-containing equipment and products with equipment and products containing ozone-safe substances,
- A number of other measures and proposals related to provision of chemical and biological safety of the Russian Federation.
For more information, please, visit www.ozoneprogram.ru