Institute of water problems of North of Karelian science center of Russian Academy of Science, Russia

In the conditions of growth of demand for oil and gas resources of the Arctic shelf there is a question on creation of organizational and technical bases of environmental safety maintenance of their use.

The important question in this respect is the assessment of a possible (expected) and present oil and oil products pollution damage.

The basic complications of an adequate valuation of an ecological damage in the Arctic regions are connected with an insufficient knowledge of an ecosystem state in oil production areas (fauna and flora, water analysis, etc.), that creates difficulties at a choice of background and monitoring of economic activity consequences. Other complexity is not well tested methodical base of ecological oil pollution damage valuation.

According to Part 3 Item 77 of the Federal law «On protection of the environment» (2002) «the harm to the environment caused by the subject of economic and other activity, are should be compensated with fixed rates and measures of damage valuation in accordance with the established procedure, and at their absence proceeding from actual expenses for environmental restoration, including damages and losses of benefit». Similar norms concerning the water environment are in the Water Code of the Russian Federation (Item 69); concerning water bioresources in laws «On fauna» (Item 56) and «On fishery» (Item 53). We notice, that in cases of emergency oil pollution of sea areas it is a question of influence on an inhabitancy and potential harm to uncertain number of live organisms. That is why in these cases an assessment (by means of system of rates confirmed by the Governmental order of the Russian Federation) can not be applied or its application is limited.

The modern methodical base of an estimation of oil pollution damage is in developmental stage. Now not for all cases of pollution the mechanism of an estimation of harm is worked out at the state level. Partly it is compensated by large oil companies, which develop methodical documents for internal using. However it cannot solve problems of disputable situations between various subjects because of the limited status and sphere of application of documents.

The methodical documents used at calculations of oil pollution damage are separated into three groups:

1. Estimating an expected damage (on a design stage - RD 03-418-01); 2. Estimating an actual damage (the majority of documents); 3. Estimating both expected, and an actual damage (RD 03-496-02).

The methodical documents, estimated an expected damage from accidents (for example, at filling of declarations on safety, insurance of a civil liability, etc.), basically have recommendatory character. They are based on calculation of indicators of ecological risk for this or that activity in its each technological link. There are the following examples of such documents:

RD 03-418-01. Methodical instructions on the analysis of risk of industrial objects (it is approved by Gosgortekhnadzor of Russia with the Decision as of 10.07.2001 №30);

RD the Methodical guide on risk appraisal of accidents on the main oil pipelines (it is approved by the Order AK "Transneft" as of December, 30th, 1999, co-ordinated with Gosgortekhnadzor with the letter as of July, 7th, 1999 №10-03/418).

Amongst documents of the second group which can be used at appraisal of actual damage we call The Methodical recommendations on appraisal of damage from accidents on dangerous industrial objects RD 03-496-02 (approved by the Decision of Gosgortekhnadzor of Russia as of October, 29th, 2002 №63). Recommendations give the list of documents which can be used at calculations of damages. They consider ecological damage as a component of general damage of accidents on dangerous industrial objects (including expenses on accident elimination, the social and economic losses connected with traumatizing and loss of life, etc.).

Methodical instructions on estimation and compensation for harm caused to the surrounding environment as a result of ecological offences (approved by the Order of Goskomecology of Russia as of 06.09.99) basically have judicial character, the basic attention giving to an order and procedure of registration of an ecological offence, an estimation and harm compensation. In the document concerning an estimation of negative consequences for environment basically the term "losses" is used. This is important, that by the Methodical instructions it is established: «Calculation of losses is carried out by special inspections and analytical calculations on the basis of applicable regulations, methodical documentation, cadastral estimation of natural resources, and also rates for calculation of the size of collecting of caused harm. At calculation of losses (Items 4.3) the duration of negative influence on the environment, corresponding factors of an ecological situation and the ecological importance, and also price level change are considered». Also it is said in the document that at calculation of losses along with direct methods of calculation expert estimations can be used.

In practice damage calculation is conducted in two directions: an estimation of damage to the environment (methodical documents advise to use special techniques, separate instructions for calculation of air pollution damage, water resources, soils) to actually biological resources.

Damage to the environment is calculated according the Technique of size of the harm calculation caused to water objects as a result of breaking of the water legislation (2007).; to the Technique of definition of damage to environment at accidents on the main oil pipelines (1995), and also a number of other documents. For estimation to water bioresources 4 basic techniques are used:

? the Technique of calculation of damage caused to fish economy as a result of dumping in fish reservoirs of sewage and other waste (approved by the Minribhos of the USSR 16.08.67 №30-1-11);

? the Technique of calculation of damage caused to fish economy as a result of infringement of fishery rules and protection of fish stocks (approved by the Minribhos of the USSR 12.07.74 №30-2-02);

? Time technique of an estimation of damage caused to fish stocks as a result of building, reconstruction and expansion of the enterprises, constructions and other objects and execution of various kinds of works on fish reservoirs (approved by the Goskomprirodi of the USSR 20.10.89);

? Time technique of definition of economic efficiency of nature protection actions and an estimation of the economic damage caused to water bioresources by water pollution of water reservoirs (approved by the Minribhos of the USSR, 1989).

As a whole the methodical base of an ecological damage estimation operating in Russia is sufficient for an estimation of the basic dangers of emergency oil floods (water pollution of water areas and coasts, explosions, fires). The main difficulties are conneced not only with absence of necessary methodical documents, but also with a problem of their choice and a priority, and also with a lack of data on ecosystem conditions for execution of estimated works. The analysis of methodical base allows drawing following conclusions:

1. The ecological damage is defined according to effective rates and techniques, and at their absence proceeding from actual expenses for environmental restoration.

2. The ecological damage in techniques is defined as the sum of damages from various kinds of harmful influence on separate objects of the environment: atmosphere, water objects, soil, biological resources.

3. Among documents which are recommended to be used at damage estimation, there are both techniques and auxiliary documents. Frequently according to techniques it is offered to define only absolute sizes of emissions (dumps) or resource losses, and definitive size of the damage in cost equivalent is calculated according to the special specifications of a payment approved by the governmental orders of the Russian Federation where all emergency emissions (dumps) are considered as superlimit.

4. The emergency oil floods damage can be defined as a post factum, and on an activity design stage. Accordingly there are techniques for definition of an actual and expected damage.

5. Along with documents of general character, allowing to define a damage from various sources (the Calculation technique of the size of harm caused to water objects as a result of infringement of the water legislation), there are the techniques which field of use is limited by an influence source (the Technique of damage to environment definition at accidents on the main oil pipelines). Among the last the intracorporate documents approved and used by the large oil companies (RD the Methodical management on risk assessment of accidents on the main oil pipelines) take place.

6. Concerning an estimation of oil floods consequences all techniques are devided into two groups: defining damage to the environment (atmosphere, soil, water resources) and to biological resources.

7. As a rule, use of alternative methods of calculation is offered in techniques. Thus along with calculation methods use of a method of expert estimations is allowed, and in some cases it is a unique possible way of definition of degree of pollution or resource losses. It is accepted, that in case when damage definition is made in several ways, given different results, the big size is accepted to final result.

The basic lacks of modern methodical base of an estimation of damage are its partial unsystematic character, inconsistency of separate documents, duplication of regulations, frequently unreasonable limitation of application of techniques, errors, unadjusted status. Lacks predetermine the ways corresponding to optimization of methodical base. Besides, the important point concerns the coordination of existing methodical acts in Russia with similar foreign documents, this demands the participation of variety of the countries in use of resources of region and transboundary character of oil pollution.

Today in international law there is a number of the documents regulating the relations of the countries in questions of sea environment protection from oil pollution (the International convention on prevention sea oil pollution of 1954. The convention concerning intervention in sea in cases of the accidents leading to oil pollution and the Convention on a civil responsibility for oil pollution damage of 1969, etc.). These documents fix the general mechanisms of a civil responsibility for damage, however practically nothing is spoken about ways of its definition. Therefore, it is necessary to work out the international document accurately defining rules, procedure and ways of an estimation of an ecological damage, which should be compulsory for all countries of the Arctic region.



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