1. Our company plans to realize an investment project in Russia. Do we need to go through the EIA? You can find the answer on this question in the section “Russian EIA process” of the IS - Russia available at www.arcticcentre.org/RussianEIA/Process or you can use the chart below.
2. The business activity of our company is connected with providing services that have negative impacts on the environment, but we almost always work as subcontractor to whoever is the primary contractor. Do we need to go through the EIA?
In most cases and in typical practice, there is the primary contractor who is responsible for doing and completing the EIA process before the implementation of a proposed project. In any case, the concrete responsibilities for the parties, whether primary and/or subcontractor are set out in the contract between the primary and subcontractor!
Look at the example in the section “Case study” of the IS - Russia available at: http://www.arcticcentre.org/RussianEIA/CaseStudy.
3. Our company plans to go to the Russian market with an investment project that is connected with land use and can have negative impacts on the environment. Which authorities do we need to apply to?
If the proposed project is planned to be realized on the lands belongs to the concrete subject of the Russian Federation (for example, in the Arkhangelsk region, in the Republic of Komi, etc.) the common recommendation would be to apply to the Regional bodies first.
There are:
In the Arkhangelsk region – the Government of the Arkhangelsk region; In the Nenets autonomous okrug – the Administration of the Nenets autonomous okrug; In the Republic of Komi – the Government of the Republic of Komi; In the Republic of Karelia – the Government of the Republic of Karelia.
The contact information is available in the section “Russian EIA map” of the IS – Russia at: http://www.arcticcentre.org/RussianEIA/EIA-Map.
If the proposed project is planned to be realized on the federal lands, on the continental shelf, in the exclusive economic zone, territorial sea and contiguous zone of the Russian Federation as well as on the protected natural areas of the federal, regional or local significance the common recommendation would be to apply both to the Federal and Regional bodies.
4. Our company is going to do the EIA of the proposed project. Which legal acts regulate the conducting of the EIA in Russia?
The concrete stages of the Russian EIA process as well as the requirements to the EIA materials is set out in the Regulation on the Assessment of Environmental Impact approved by Order of the State Ecology Committee of the Russian Federation No.372 of May 16, 2000.
The Regulation on Russian EIA regulates the conducting of the EIA for:
For the projects connected with construction and reconstruction, the EIA is conducted on the base of the engineering-ecological investigations (Article 47 of the Town-Planning Code of the RF). The specific requirements to the engineering-ecological surveys are described in the Formulary No.47.13330.2012 “Engineering investigations for construction” issued by the Ministry of regional development of the Russian Federation in 2012. The results of the engineering environmental investigations are used for preparation of the EIA report and the section “Environmental protection measures” in the project documentation that should be done according to the requirements of the Governmental Decree No.87 of February 16, 2008 “On composing the design documentation sections and on requirements to their content”.
The list of the statutory documents which regulate issues related to conducting the Environmental Impact Assessment (EIA), organization and conducting the State Ecological Expertize of the EIA materials is available in the section “Russian EIA legislation” of the IS – Russia at: http://www.arcticcentre.org/RussianEIA/legislation.
5. What is the State ecological expertize of the EIA materials?
The State ecological expertize of the EIA materials is an expert assessment that the EIA materials meet the ecological, technical requirements and the environmental legislation (According to the Federal Law No.174-FZ of November 23, 1995 on Ecological Expertise). The State ecological expertize of the EIA materials is mandatory for the Developer for getting permission for the project implementation.
More information you can find on http://www.arcticcentre.org/RussianEIA/Process/Expertize/stage4_1.
6. What kind projects require the State ecological expertize?
7. Who conducts the State ecological expertize of the EIA materials?
The State ecological expertize of the EIA materials is conducted:
8. How long does the State ecological expertize of the EIA materials take?
The State ecological expertize of the EIA materials takes:
9. What is the State expertize of the project documentation?
The State Expertize of the project documentation is an expert assessment that project documentation meets the requirements of technical regulations/rules (According to Decision of the Government of the RF ”On the order of organization and conducting of the State expertize of the project documentation and the results of the engineering survey” , March 05, 2007 No.145).
10. What kind projects require the State expertize?
Project documentation connected with construction, reconstruction as well as location of the objects of transport infrastructure. More information available at http://www.gge.ru.
11. Who conducts the State expertize of the project documentation?
The State expertize of the project documentation is conducted by the Federal Autonomous institution "Central office of the State expertize" (FAI Glavgosexpertiza of Russia) and its Regional Departments.
12. How long does the State expertize of the project documentation take?
The State expertize of the project documentation takes 60 days.
13. How to identify, whether the project documentation require the State ecological expertize, State expertize or both?
The list of the projects require the SEE, the SE or both is set out in the section “Russian EIA process – Stage 4. Stage ecological expertise/State expertize” of the IS – Russia available at: http://www.arcticcentre.org/RussianEIA/Process/Expertize/stage4_1.
In practice, the governmental authorities recommend to send an official request with information about the project for clarifying this question.
14. Who is responsible for conducting the public hearings of the EIA materials?
According to the Regulation on the Assessment of Environmental Impact approved by Order of the State Ecology Committee of the Russian Federation No.372 of May 16, 2000 public hearings are conducted by Developer and provided by local administration (municipalities). If the project is planned to be realized on the lands belonging to two or more municipalities the public hearings are conducted in each municipality.
The scheme of public hearings organization and conducting is available at: http://www.arcticcentre.org/RussianEIA/Process/Materials/stage2_4.
15. How long does the whole process of public hearings organization take?
In practice, the whole process of public hearings organization takes approximately 65 days including:
≈10 days for considering the statement on public hearings organization; ≈10 days for publishing announcements about conducting of public hearings; 30 days for registration of public hearings participants; ≈5 days for making the public hearings protocol.