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Legal procedure framework for application for  the construction of offshore wind park permit in the Kaliningrad EEZ

Legal procedure framework for application for  the construction of offshore wind park permit in the Kaliningrad EEZ. V. Sivkov, D. Dorokhov, M. Chestnova , B. Zatoplyaev, O. Pichuzhkina, S. Kondratenko P.P. Shirshov Atlantic Branch Institute of Oceanology RAS. Gdansk, November 2007.

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Legal procedure framework for application for  the construction of offshore wind park permit in the Kaliningrad EEZ

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  1. Legal procedure framework for application for the construction of offshore wind park permitin the Kaliningrad EEZ V. Sivkov, D. Dorokhov, M. Chestnova, B. Zatoplyaev, O. Pichuzhkina, S. Kondratenko P.P. Shirshov Atlantic Branch Institute of Oceanology RAS Gdansk, November 2007

  2. Energy Legislation Federal Law No. 250-FZ of 4 November 2007 On Amendments to Legislative Acts of the Russian Federation Concerning Measures for the Reorganization of the Unified Energy System of Russia

  3. Article 3. Definition of the basic concepts: ………………………………….. Renewable Energy Sources include solar energy; wind energy; hydraulic energy (e.g. wastewater’s); tidal energy; wave energy; geothermal energy; low-potential heat energy of the earth, air, water; biomass, (specially grown trees and industrial and consumer wastes); biogas, landfill and coal mine gas.

  4. Article 21. Enforcement powers of the Government of the Russian Federation, Federal Authorities and Authorities of Constituent Entities of the Russian Federation…1. Responsibility of the Government of the Russian Federation: … to approve: • the basic directions of the state policy on increasing efficiency in electric power industry including target indices concerning volumes of generation and consumption of electric power with use of renewable energy sources (as the part of the total balance of electric energy); • a plan or program of action to attain the accorded targets;

  5. Article 21. …..1. Functions of the Government of the Russian Federation: • to establish: the rules, criteria and procedures of qualification of production devices, based on the use of renewable energy sources, with respect to the target indices determined by the basic directions of the state policy of increasing efficiency in electric power industry.

  6. Article 21. …..1. Functions of the Government of the Russian Federation: to support: • the use of renewable energy sources and stimulate the use of energy-efficient technologies, as provided by the Budget Code of the Russian Federation;

  7. Article 21. …..1. Functions of the Government of the Russian Federation: • to approve: the criteria of granting subsidies from the Federal Budget to compensate the cost of technological connection to the grid for generation devices with installed capacity of not more than 25 MW.

  8. Article 21. ….. 2. The Government of the Russian Federation, or the Federal Bodies authorized by it: • Approves the regulations of maintenance of the register to issue and redeem certificates, confirming the quantity of electric power, produced by the qualified RES-based generation devices; • Establishes the price increments to the wholesale market equilibrium price for electric power, produced by the qualified RES-based generation devices;

  9. Article 21. ….. 2. The Government of the Russian Federation, or the Federal Bodies authorized by it: • Establishes the mandatory quantities of electric power for purchasing on the wholesale markets, produced by the qualified RES-based generation devices;

  10. Article 26. Regulation of access to the grids and to power transmission services:… • The price of electric power, produced by the qualified RES-based generation devices, is determined by adding to the wholesale market equilibrium price an increment, established in the procedure prescribed by the Government of the Russian Federation. The increment is settled judging from the necessity to attain the targets indices (see art. 21, p.1)

  11. Article 26. Regulation of access to the grids and to power transmission services: • Grid organizations must compensate line losses primarily by means of purchasing of electric power, produced by the qualified RES-based generation devices, which have been connected to the grids of the grid organizations.

  12. Article 33. Considerations of legal status and powers of organizations for the commercial infrastructure. The self-regulatory organization, namely, the Market Board; • The Market Board is a non-profit organization, which is established as a noncommercial partnership and unites entities in electric power industry and large consumers of electrical and heat energy.

  13. Article 33. Considerations of legal status and powers of organizations for the commercial infrastructure. • The goal of the establishment of the Market Board is as supporting … the effective interconnection between wholesale and retail markets, … self-regulation of the effective system of the wholesale/retail market on electric power, capacities, other commodities and goods allowed for the circulation on the wholesale and retail markets, …

  14. Article 33. Considerations of legal status and powers of organizations for the commercial infrastructure. 3. The functions of the Market Board are as follows: • Recognition of the operational on the base of RES production devices as the qualified RES-based generation ones; • Maintanance of the register to issue and redeem certificates, confirming the quantity of electric power, produced on the base of RES;

  15. Article 33. Considerations of legal status and powers of organizations for the commercial infrastructure. …3. The functions of the Market Board are as follows: • Verification of the mandatory obligations for purchasing of the definite quantities of electric power of RES-based production devices, on the wholesale market at the price established in the procedure prescribed by the Government of the Russian Federation;

  16. Article 33. Considerations of legal status and powers of organizations for the commercial infrastructure. 4. With a view to ensuring the state supervision of activities of the Market Board, a Federal Agency authorized by the Government of the Russian Federation: … • Possesses a right of putting veto on resolutions of the Market Board’s regulatory bodies

  17. Article 33. Considerations of legal status and powers of organizations for the commercial infrastructure. 4. With a view to ensuring the state supervision of activities of the Market Board, a Federal Agency authorized by the Government of the Russian Federation: • The exclusive jurisdiction of the Supervisory Board of the Market Board is as follows: • Approval … of the standard forms of contracts … at the price established in the procedure prescribed by the Government of the Russian Federation;

  18. Nature protection Legislation

  19. International agreements • Biological diversity Convention (1992) • Convention on marine environment protection of the Baltic Sea (1992) • International Convention on pollution prevention from the ships 1973/78 • Convention on environmental impact assessment in transboundary context (1991)

  20. Russian Federation legislation • Constitution(the basic law) • Energy saving law • Environmental protection law (is a framing one; determines legal base of state politics concerning environmental assessment; regulates co-operational relations between society and nature which appear during economical activity effecting the environmental)

  21. Russian Federation legislation Special laws • Atmospheric air protection Law • Industrial and consumption waste Law • Sanitary-and-epidemiologic welfare population Law • Ecological assessment Law • Continental shelf Law • Law on the Special Economic Zone • Law on internal sea waters, territorial watersand contiguous zone of Russian Federation • Land Code • Water Code • Town-planning Code

  22. Other normative-legal acts • RF President decrees • RF Government regulations and orders • Normative-legal acts of Federal executive authorities • Auxiliary normative-legal acts • Regional and local normative-legal acts

  23. EIA and ecological assessment EIA national procedure as realization of impact assessment of planning economical and other activity on environment and carrying out of ecological assessment substantiating planning activity. EIA procedure carrying out promotes the ecological oriented decision making on realization possibility of planned activity taking into account: • possible adverse effects and environmental consequences; • public opinion; • Working out measures of decreasing and prevention of effects

  24. EIA EIA is carried out in few steps. • Preliminary assessments for requirements specification development of EIA. For this Customer: • prepares and presents to authorities substantiated documentation with common description of planned activity • preliminary informs the society

  25. EIA • gathers and documents preliminary information about environment condition which may be effected • carries out preliminary consultations for definition of EIA participants 2.Requirements specification making. • EIAExecutor choice • the Executor carries out investigations and prepares materials on EIA in frames of approved by Customer requirements specification

  26. EIA 3.EIA investigations include in: • definition of planning activity features and possible alternatives • area condition analysis • revelation of possible effects taking into account alternatives • Risks probability, degree, character, scale, distribution area, forecast of ecological, social and economical consequences

  27. EIA • definition of measures extenuating or preventing negative effects, assessment of their efficiency and realization possibility • Comparison with alternatives and substantiation of variant planned for realization • Development of proposals for environmental monitoring program and control at all steps of realization 3.Preparation of preliminary EIA

  28. Public discussions are essential part for EIA. Materials of PD consist of: • Way of public informing, place, date and form of discussion • List of participants • Examined questions, presentations abstracts, protocols • All outspoken remarks, proposals and disagreements • Conclusions concerning ecological aspects • Summary of remarks and proposals with indications which were taken into account and which failed (note the reason)

  29. Public discussions • Lists of information distribution forwarded to society at all steps of EIA • Summary of untechnical character as brief description of results written for non-specialists Is publishing in brief in official issues of: • Federal executive authorities; • executive authoritiesof RF subjects; • local government authorities at whose areas the object will be build and on whose areas the planned activity may effect on. Additional informing may by carried out via radio, TV, Internet and other.

  30. EIA 4. Modification of last version of EIA materials with taking into account remarks. Passing it to Customer. 5. Customer’s presentation of EIA materials consisting of project documentation for planning building to state ecological assessment.

  31. State ecological assessment Under requirements of Federal Act “On ecological assessment” state ecological assessment is carried out on federal level objects and objects of regional level. Objects of ecological assessment of federal and regional levels are defined by articles 11 and 12 of FA “On ecological assessment” , “On continental shelf of RF”, “On the Special Economic Zone of RF”, “On internal sea waters, territorial watersand contiguous zone of RF”. Due to this acts wind energy sea objectsare the subjects of ecological assessment of federal level.

  32. State ecological assessment Procedure of organization and carrying out of state ecological assessment of federal level. Is organized and carried out by Federal executive authorities in thefield of ecological assessment. The main steps: • Presentation and examination of documents • Carrying out of state ecological assessment • Approval of state ecological assessment conclusion Financing of state ecological assessment is carried out by Customer.

  33. Public ecological assessment Procedure of organization and carrying out of public ecological assessment Is organized and carried out by initiative of citizens, non-governmental organizations, local self-government agencies. Is realized before state ecological assessment. Conclusion gets a legal effect after approval of Federal executive authorities in thefield of ecological assessment or state authority of RF subject. Financing is carried out by initiators of public ecological assessment. During preparation of state ecological assessment materials of public ecological assessment have to be considered.

  34. State assessment of project documentation Under art. 49 of Town-planning code of RF project documentation of capital construction objects and results of engineering investigations have to be under state assessment. The subject of state assessment is compliance estimation of project documentation with technical orders requirements including: • Sanitary-and-epidemiologic; • Ecological; • Industrial, fire and other safeties

  35. State assessment of project documentation Procedure of organization and realization is determined by Government decree from 05.03.2007. # 145 “On Procedure of organization and realization of state assessment of project documentation and results of engineering investigations ” Is carried out by Federal executive authorities or state authority of RF subject. Documentation on offshore wind park is an object of federal assessment. Federal agency for Construction, Housing Maintenance and Utilities (Rosstroj) is Federal authority responsible for state assessment.

  36. State assessment of project documentation Rosstroj organizes state assessment of town-planning preproject and project documentation in accordance with Regulations for state assessment. Is carried out within 45 days. Conclusion includes results on documentation conformity (positive) or non-conformity (negative) to requirements and results of engineering investigations. Is financed by Customer.

  37. Necessary co-ordinations During choose of object location and determination of object construction terms may require co-ordinations with: • Federal Border Guards Service • Ministry of Defense (Navy) • Federal Agency for Fishering • EMERCOM • Federal Agency for water recourses • Federal Service for Consumer rights protection • Federal Service for Supervision of Natural Resource Usage • Regional executive authorities • Other organizations

  38. TO BE CONTINUED… BUT NOT TODAY… Thanks for attention

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