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Pepeliaev Group advises that, starting from 1 January 2019, the form of the application is introduced for obtaining a comprehensive environmental permit along with the form of the comprehensive environmental permit[1].
On 1 January 2019, new provisions of the Law on Environment Protection[2] will come into force. This amended law changes fundamentally the procedure of regulating negative environmental impact (the “NEI”) and the list of permission documents. It also stipulates, among other things, the obligation to obtain a comprehensive environmental permit (the “CEP”) for persons conducting activities at facilities of category I[3], and the right to obtain such a permit for persons conducting activities at facilities of category II[4], provided that there are information and technical reference guides on the best available techniques in the relevant industry[5].
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Under the current wording of the Law on Environmental Expert Review[7] materials for a CEP justification are items subject to the state environmental expert review (article 11(7.6)). At present, the draft law on amendments to the Law on Environmental Expert Review is under a public debate. The draft law withdraws these materials out of the scope of the state environmental expert review[8].
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In accordance with article 31(2) of the Law on Environment Protection the CEP is issued with respect to a facility, i.e. a source of NEI belonging to category I (and under certain conditions also with respect to a facility belonging to category II), rather than with respect to an entire enterprise, which may mean that one and the same business entity may be required (or have the right – in relation to the facilities classified under category II) to obtain several CEPs. |
Despite that article 11 of Federal Law No. 219-FZ dated 21 July 2014 prolongs the validity period of permission documents obtained before 1 January 2019 until the day the CEP is received and sets the deadline of 1 January 2025 for obtaining the CEP for most enterprises of category I (except for those included in the special list[9]) (in other words, on 1 January 2025 an enterprise has to have a valid CEP), companies need to start preparing for obtaining the CEP in advance so as not to find themselves in a situation when the established timeframe for obtaining the CEP is violated due to a vast number of applications for the permit.
In addition, it should be borne in mind that on 1 January 2019 the rules of administrative liability for conducting operations without a CEP will come into force[10].
The lawyers of Pepeliaev Group are ready to guide you through the new rules of regulating and setting standards with respect to NEI and to advise you on the issues connected with the changes in environmental legislation.
[1] Approved by Order No. 510 of the Russian Ministry for Natural Resources and Environment dated 11 October 2018.
[2] Federal Law No. 7-FZ “On environment protection” dated 10 January 2002.
[3] The categories of facilities are determined according to their environmental impact in line with the criteria laid down by Resolution No. 1029 of the Russian Government dated 28 September 2015.
[4] The list of the areas of application of the best available techniques is approved by the Government’s Decree No. 2674-r dated 24 December 2014.
[5] Under Federal Law No. 219-FZ dated 21 July 2014 starting from 1 January 2019, the Law on Environment Protection will be completed by articles 31.1. and 31.2 containing the new rules for regulating the NEI.
[6] In accordance with article 23 of the Law on Environment Protection (as amended from 1 January 2019), technological standards are established for facilities of category I (and for facilities of category II – if a CEP is issued) based on technological indicators complying with the best available techniques.
[7] Federal Law No. 174-FZ “On environmental expert review” dated 23 November 1995.
[8] The alert on the upcoming changes in the legal regulation of state environmental expert review is published on Pepeliaev Group’s website.
[9] Resolution No. 154 of the Ministry of Natural Resources and Environment dated 18 April 2018 approves the List of NEI facilities classified under category I whose share in the total volume of emissions and discharges of pollutants in the Russian Federation is at least 60 percent. Applications for CEP with respect to the facilities from the List must be filed before 31 December 2022.
[10] Starting from 1 January 2019, section 8 of the Code of Administrative Offences is completed with article 8.47 that stipulates liability for conducting operations without a CEP, if it is obligatory to obtain such a permit.