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Law firm Pepeliaev Group advises of the public consultation concerning the draft law[1] proposed by the Russian Government to introduce legal regulation of activity involving the emission of pollutants classified as greenhouse gases.
The draft law has been prepared within the scope of the Plan of measures to ensure a reduction of greenhouse gas emissions by 2020[2]. It introduces rules and restrictions on activity involving gas emissions as well as certain ground-breaking mechanisms for regulating relationships in environmental protection.
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Pollutants that are classified as greenhouse gases are included in the List of pollutants subject to measures of state regulation in environmental protection[4] and to the rates of charges for a negative impact on the environment, for any amounts, including within the limits of standards. Based on the content of the draft law, it is actually stipulated that volumes of pollutants that are classified as greenhouse gases will be released from any charges if they are within the permitted volumes.
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In essence, the draft law introduces quotas for greenhouse gas emissions and the possibility of establishing, transferring and acquiring such quotas (a market of quotas for greenhouse gas emissions). |
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A provision regarding the accelerated depreciation of fixed assets classified as basic technological equipment used when best available technologies are operated is coming into effect starting from 1 January 2019, with the Russian Government having approved the List of basic technological equipment[5]. The List and the provision of the Russian Tax Code may also be applicable in a case for which the draft law provides. However, there is no reference to the List and/or to the provision of the Russian Tax Code in the draft law. |
The provisions of the draft law need to be analysed together with tax and environmental (technological) departments of companies. Then suggestions for improvement need to be prepared and sent to the relevant business associations and state authorities.
The public consultation regarding the draft law will end on 29 December 2018. Subsequently an independent anti-corruption expert review and regulatory impact assessment procedures will be carried out, after which the draft law will be submitted to the Russian Government for consideration. If the draft law passes all the stages successfully, it will be put before the State Duma of the Russian Federal Assembly (the lower chamber of Russia's parliament).
Pepeliaev Group’s lawyers are ready to analyse risks arising in connection with the draft law as a whole, and with regard to specific companies, to draw up proposals for improvement and to send them to the corresponding business associations and state authorities.
[1]https://regulation.gov.ru/projects/List/AdvancedSearch#kinds=6&StartDate=7.12.2018&EndDate=7.12.2018&npa=86521
[2] The Russian Government’s Directive No. 504-r “On approving the plan of measures to ensure a reduction of greenhouse gas emissions by 2020 to a level no greater than 75% of the volume of emissions in 1990” dated 2 April 2014 has been adopted in pursuance of the Russian President’s Order No. 752 “On reducing greenhouse gas emissions” dated 30 September 2013 and for the purpose of implementing the Climate Doctrine of the Russian Federation as approved by the Russian President’s Order No. 861-rp dated 17 December 2009
[3] This means a unit of measurement used to calculate a reduction of greenhouse gas emissions which is equal to 1 ton of CO2 equivalent.
[4] Approved by the Russian Government's Directive No. 1316-r dated 8 July 2015
[5] Approved by the Russian Government's Directive No. 2674-r dated 24 December 2014.