The Administrative Reform and the International Environmental Cooperation: with the Bare Language of Documents

The regulations about the Russian Federation Ministry of Natural Resources
(approved by the enactment of the Russian Federation Government on July 22, 2004, №370).

…2. The Russian Federation Ministry of Natural Resources in its activities is guided by the Constitution of the Russian Federation, federal constitutional laws, federal laws, acts of the Russian Federation President and the Russian Federation Government, international treaties of the Russian Federation…
...5. The Russian Federation Ministry of Natural Resources...
...5.10. Interacts in the prescribed manner with the state government bodies of foreign states and with the international organizations in the forementioned sphere of activities...


The Regulations about the Federal Service for Hydrometeorology and Environmental Monitoring
(approved by the enactment of the Russian Federation Government on July 23, 2004, №372)

1. The Federal Hydrometeorology and Environment Monitoring Service... provides that the Russian Federation fulfills in the respective sphere of activities its obligations on the international treaties of the Russian Federation including the Convention of the World Meteorological Organization, the UN Framework Convention on Climate Change, and the Protocol on the Environmental Protection to the Antarctic Treaty signed on October 4, 1991 in Madrid.
...3. The Federal Hydrometeorology and Environment Monitoring Service in its activities is guided by the Constitution of the Russian Federation, federal constitutional laws, federal laws, acts of the Russian Federation President and the Russian Federation Government, international treaties of the Russian Federation…
...5. The Federal Hydrometeorology and Environment Monitoring Service...
…5.12. Interacts in the prescribed manner with the state government bodies of foreign states and with the international organizations in the respective sphere of activities...


The Regulations about the Federal Service for Supervision of Natural Resources Management
(approved by the enactment of the Russian Federation Government on July 30, 2004, №400)

…2. The Federal Nature Use Control Service in its activities is guided by the Constitution of the Russian Federation, federal constitutional laws, federal laws, decrees and directions of the Russian Federation President, enactments and directives of the Russian Federation Government, international treaties of the Russian Federation…
5... The Federal Nature Use Control Service...
5.1. Controls and supervises:
...5.1.6. Compliance with the Russian Federation legislation and the international norms and standards in the sphere of the marine world and the inner sea waters, territorial sea and in the exclusive economic zone...
5.2. Exercises functions:
5.2.1. Of the administrative body according to the Convention on the International Trade in Endangered Species of Wild Fauna and Flora, except the sturgeon fish family...
...5.14... Interacts in the prescribed manner with the state government bodies of foreign states and with the international organizations in the respective sphere of activities...


The Regulations about the Federal Service for Environmental, Technological and Atomic Supervision
(approved by the enactment of the Russian Federation Government on July 30, 2004, №401)

...3. Federal Environmental, Technological and Atomic Control Service in its activities is guided by the Constitution of the Russian Federation, federal constitutional laws, federal laws, acts of the Russian Federation President and the Russian Federation Government, international treaties of the Russian Federation…
...5. Federal Environmental, Technological and Atomic Control Service...
...5.3.1. Exercises control and supervision:
...5.3.1.4. on the fulfillment of the international obligations of the Russian Federation in the sphere of safety control during the atomic energy use process...
…5.3.1.13. on the due and proper return of the irradiated heat-releasing assemblies of nuclear reactors and products of their recycling to the supplying state the Russian Federation has made an international agreement with, stipulating the import of the irradiated heat-releasing assemblies of nuclear reactors to the Russian Federation with the aim of temporary technological conservation and recycling on the terms of the recycling product return (within the margins of its competence)...
...5.3.3. grants permits:
…5.3.3.6. on the transboundary transfer of wastes, ozone-depleting substances and the products containing them;
5.3.3.7. on the import of the poisonous substances to the Russian Federation and export from the Russian Federation...
...5.3.10. organizes and performs in the order, prescribed by the legislation of the Russian Federation, the state environmental expertise:
5.3.10.1. on the Russian Federation legal acts and international treaties, realization of which may lead to the negative impacts on environment; on the normative-technical and instruction-methodological documents regulating economic and other kinds of activity that might influence the environment (except the expertise of the objects in the sphere of nature use), asserted by the state government bodies of the Russian Federation...
…5.3.10.3. on the feasibility study and projects of construction, re-construction, expanding, technical re-equipment, conservation and liquidation of organizations and other objects of economic activity of the Russian Federation, realization of which may have impact on the environment, including the environment of the neighboring states...
...5.10. Interacts in the prescribed manner with the state government bodies of foreign states and with the international organizations in the respective sphere of activities...

Grantmaking in Russia: Welcome to Hell?

On August, 5 the State Duma adopted on first reading the bill of the federal law № 58666-4 “About the changes in the Chapter 23 and 25 of the Part Two of the Russian Federation Tax Code and several other legislative acts concerning taxes and duties”. Some of the bill paragraphs refer to the grant taxation.

The changes suggested extend the list of the fields where grants are not subject to the profit tax (24%). Three additional spheres of activity are added to the education, specific scientific research, culture, art and environmental protection, already envisaged by the effective legislation. Those are the protection of the human rights, provided by the Russian Federation legislation, public health protection and also social service for the indigent and socially unprotected citizen categories.

In case of approval of the bill regulation the first important victory in the non-governmental organization (NGO) taxation sphere during several years will be achieved.

Still according to the experts of several non-commercial organizations (National Assembly, Independent Legal Expert Council, National Anti-Corruption Committee and International Centre of Non-Commercial Law) negative provisions of the new bill significantly outweigh its positive aspects and create a difficult situation for the Russian non-commercial organizations remaining dependent on the grant receipt because of unjust and economically unfounded legislation limiting them in the possibilities of profit deriving.

The corrections stipulate radical change of the grantors' legal status, both Russian and foreign. First, in contrast to the current order containing no restrictions for the allocation of grants by the Russian non-commercial organizations, in case of the correction adoption they will be able to give grants only if included in the list approved by the Russian Federation Government. There is no any kind of criteria for the including of grantors in the list, as well as there is no the approved procedures of the list making and updating. The adoption of the respective disposition of the Government will be required for the list to start being created and come into force.

Bearing in mind that despite the numerous applications the Government does not approve or officially publish the procedures of such list making, there is a high possibility that many Russian organizations not dependent upon the power bodies or "unloved" for political and other reasons will not be included in the forementioned list. According to the experts there exists a real danger of the unrestricted list forming without taking into consideration actual society demands. Thus the efforts of the NGOs and Russian business of the last years aimed to develope Russian philanthropy, charity and to reduce the foreign source dependence of the NGOs, may be undermined.

Second, according to the bill a foreign or an international grantor will be able to give grants exempt from the profit tax only in the case of the grant execution in the International Humanitarian and Technical Aid Commission under the Government of Russia.

Until the year 2004 two separate commissions existing since 1999 dealt with this. The International Technical Aid Commission approved major technical aid programmes, mainly governmental. Foreign and international organizations give thousands of grants in Russia including quite small ones, and the execution of these grants in the Commission, one and only for the entire country, may drag out for the long months. The execution length will destroy normal planning of the NGO-grantee activities.

Moreover, if the Commission will apply to the grant registration the provisions of the Foreign Gratuitous Aid Law of 1999, the grantor will have to submit to the Commission the letter from administration of that town or region where the project should be implemented, containing its accord to control the special-purposed fund use on the grant project. NGO representatives think that by this the organizations and their projects are made politically dependent upon the will of a functionary who is able to refuse to sign such a paper out of political or other reasons.

It is possible that many foreign donors will take this requirement as political control and will refuse to deal with the Commission. As a result there is a high possibility that they will stop to allow grants in Russia for according to their charters and laws of their countries they have no right to permit their grants to become subject to the profit tax.

Also, in contrast to the effective legislation foreign individuals, in compliance with the bill, are deprived of the right to give grants.

According to the NGO representatives these measures are the setting-up of new, actually political state control on the Russian and foreign grantor organizations and on the civil society on the whole, because the economic sense is impossible to be found in such approach to the grant taxation: if the programmes in the mentioned spheres of activities are recognized by the state as deserving support in the form of the tax exemption and on condition that the funds for the programme are used properly, it is not important from the economic viewpoint who grants the money.

The NGOs examining the bill issued letter drafts in the names of the State Duma President B. Gryzlov and the Duma Budget and Tax Committee Y. Vasilyev, signed and sent by E. Pamfilova, the President of the Commission on Human Rights, and the Commissioner on Human Rights V. Lukin.

The corrections aimed to support the provision enlarging the grant-financed spheres of activity, and to exclude the stipulations about the new requirements to the Russian and foreign grantors, were also prepared.

Second and third reading of the bill must be examined in the autumn of the current year.

EUWI EECCA Component at the World Water Week in Stockholm

The World Water Week with the 14th Stockholm Water Symposium took place August 16-20, with pre- and post- World Water Week Seminar Days at the Stockholm City Conference Centre. Experts from many disciplines and representing business, government, water management, science, inter-governmental organizations, non-governmental organizations and United Nations agencies discussed, deliberated and debated on a wide range of critical water and development issues.

The events have become an integral component in the global effort to improve human welfare and the planet's health. Urban water issues and future food requirements are among the broad range of issues being taken up by the Stockholm Water Symposium and its eight workshops. In addition, World Water Week plenary sessions, panel debates, side events and a record 24 different, independently organized seminars ensured that there was something of interest for everyone. In total, some 50+ important international organizations and programmes are convening or co-convening activities.

The most important event for the Eastern Europe, Caucasus and Central Asia (EECCA) region was the Working Group Meeting on the Strategic Partnership on Sustainable Development on Water - EU Water Initiative (EUWI) - EECCA Component. Among the agenda items were assessment of building blocks and recommendations for further action, presentation and discussion of terms of reference of the working group for the EUWI EECCA component, and component input to Kiev+1 meeting.

The building blocks were categorized to facilitate the further prioritization. The basic idea with the building blocks is that the stakeholders in the initiative can submit ongoing and planned building blocks that support the objective of the EECCA component and submit proposals for building blocks. Gradually after a prioritization of those proposed building blocks that best fit the objectives and at the same time is in line with donor and international financial institutions priorities and criteria for support, these projects would be developed and implemented, and new building blocks could be developed and so forth.

There are 73 ongoing and 56 planned building blocks supporting the pillars of the EECCA component. 15 ongoing building blocks directly support investment in infrastructure, nine ones support the urban water policy reform process. Russia is one of the main recipients in these two categories. 49 ongoing projects support the integrated water resources management (IWRM). 56 building blocks are planned to be undertaken in the EECCA region comprising 28 investment projects in support of the Millennium Development Goals on water and sanitation with a total investment of more than 1 billion Euro. 11 building blocks will provide support to institutional and regulatory reform, assessment of financial viability of utilities and in safeguarding public health. 17 building blocks are planned to support the IWRM objective of the EECCA component with main emphasis on river basin plans.

At the second high level meeting Russia put priority to research in water uses planning procedures. The majority of 11 proposed building blocks dealing with large-scale investment in urban water supply and sanitation were presented by the Russian Federation. However in general the support for Russia and Ukraine is expected to decline while the support to EECCA in general will increase, most likely with Central Asia and the Caucasus as the main receivers of increased support. It was noticed that Russia, Ukraine and Kazakhstan were in good progress in meeting the Millennium Development Goals on water supply and sanitation.

The high-level meetings are to be held once per year. The meeting will act as a broad stakeholder forum for policy dialogue with representation from the highest decision-making levels, professional experts, private sector, and NGOs, an advisory body and an initial approval mechanism on work programmes. The working group takes the responsibility for implementation of the regional activities of the EUWI for EECCA through designing and managing the EECCA component, promoting, facilitating and identifying priorities for action, offering platform for dialogue and for coordination of work of the various partners, and building trust among diverse stakeholders.

The final report on the EECCA component of the EU Water Initiative is to be presented at the meeting taking stock of progress of the EECCA Environmental Strategy (Kiev+1) scheduled to take place in Tbilisi in October 2004.

The U.S. Initiate the Methane to Markets Partnership

The U.S. initiate the Methane to Markets Partnership that is expected to reduce global methane emissions to enhance economic growth, promote energy security, improve the environment, and reduce greenhouse gases. USA give 53 million dollars in next 5 years for realization of the initiative. India, Australia, the Ukraine, the Great Britain, Japan, Mexico, and Italy have already agreed to join it. From the U.S. the Environmental Protection Agency, the Department of State, the Department of Energy and the U.S. Agency for International Development are involved in the partnership.

The initiative will focus on cost-effective, near-term methane recovery and use as a clean energy source. It will be done internationally through collaboration between developed countries, developing countries, and countries with economies in transition - together with strong participation from the private sector.

Methane, the primary component of natural gas, accounts for 16% of all greenhouse gas emissions resulting from human activities. Methane global warming potential is 23 times more than the same index of carbon dioxide. Over the last two centuries, methane concentrations in the atmosphere have more than doubled. About 60% of global methane emissions come from coal mining, landfills and natural gas and oil systems. Globally, China, India, the United States, Brazil, and Russia and other Eurasian countries are responsible for almost half of all anthropogenic methane emissions. Methane emission sources, however, can vary significantly between countries. For example, the two key sources of methane emissions in China are coal mining and rice production, whereas Russia emits most of its methane from natural gas and oil systems. India's primary sources are rice and livestock production, whereas landfills are the largest source of U.S. methane emissions.

Specific technologies and mitigation approaches vary by methane emission source. For coal mines it is the methane removal from underground mines either in advance of mining, during mining activities, or after mining has occurred; for landfills it is the collection and combustion in turbines where it can be converted to electricity or direct use as a fuel. For natural gas and oil systems approaches fall into one of three categories: technologies or equipment upgrades that reduce or eliminate equipment venting or fugitive emissions; improvements in management practices and operational procedures; enhanced management practices that take advantage of improved technology.

The Partnership has the potential to deliver by 2015 annual reductions in methane emissions of up to 50 million metric tons of carbon equivalent or recovery of 500 billion cubic feet of natural gas. These measurable results, if achieved, could lead to stabilized or even declining levels of global atmospheric concentrations of methane. To give a sense of scale, this would be equivalent to removing 33 million cars from the roadways for one year, planting 55 million acres of trees, or eliminating emissions from fifty 500 MW coal-fired power plants, or providing enough energy to heat approximately 7.2 million households for one year. In frames of the initiative cooperative research into methane science issues and cost-effective activities to reduce agricultural emissions over the longer-term will also be undertaken.

It is envisioned that participating countries will develop a charter that outlines the purpose, organization and action plan for the partnership. The principal national commitments for partners could include: building on existing, reliable inventory systems to identify and monitor methane emissions; identifying cost-effective opportunities for capturing methane emissions for energy production and undertaking collaborative projects aimed at these specific opportunities; supporting the development of voluntary consensus standards; identifying barriers and improving the legal, regulatory, financial, and institutional conditions to create effective energy markets that will attract private sector investment in methane recovery and utilization projects, and developing an action plan for reducing methane emissions and a process for evaluating its implementation.

The United States plans to host the first meeting of the partnership at a ministerial level in November, 2004 in Washington, DC. Representatives from countries, private sector entities, financial institutions, and other non-governmental organizations are awaited.

Federal Fishery Agency Will Exert Every Effort in order to Regulate the Poutassou Fishery

In the beginning of July, 2004 the World Wide Fund for Nature addressed the Federal Fishery Agency with the application of the WWF International Secretariate and national organizations of the European Union countries, Norway, and Russia, expressing concern with the poutassou fishery situation in the North-East of the Atlantic Ocean, where Russia participates.

Poutassou (Micromesistius poutassou) is a fish from the cod family, widely widespread in the North of the Atlantic Ocean. It reaches high population and is traded in fishery in the Sea of Norway, Iceland region, near the Faroe Islands Hebrides, Ireland and in the Bay of Biscaya. It is a far migrating species. The data of its population content, spreading and migration are far from being complete.

Presumably this species plays a big role in the pelagic eco-system both as the consumer of petty animals living in the water width and as a forage reserve for cod, haddock and sea mammals, such as the pothead whales and common dolphins.

In Russia poutassou is one of the cheapest fish products and, in that way plays a considerable role in the albuminous feed supply for the indigent groups of population.

The European Union, the Faroe Islands, Iceland and Norway agreed to implement a long-range plan of poutassou store and fishery management in compliance with the approach based on the precaution principle and aimed to provide the stable fishery and constant and high catches in the long-term aspect. But this management plan was never realized.

The store is still being used irrationally, and a special concern is caused by the absence of total permissible catch size concerted for the year 2004. Current quotas exceed the catch volume recommended by the International Council for the Exploration of the Sea (ICES), and at that coastal states and the Russian Federation unilaterally set up their norms of catching without any attention to the ICES recommendations.

The Federal Fishery Agency has given an answer where the representatives of this federal body confirm that Russian side shares the opinion about the necessity to take effective international measures on the poutassou fishery regulation, and is going to take every effort in order to solve the questions of this species fishery regulation.