Environment and Construction. EcoZOS.

The Ecological Conclusion on the Compliance of a Facility with Project Documentation (EcoZOS) is a mandatory document for obtaining a permit to commission certain types of capital construction or reconstruction projects.

It is issued after passing the State Ecological Expertise (SEE) and completing construction. To obtain the conclusion, it is necessary to confirm that the constructed facility complies with the project documentation, the conclusions of the SEE and the Main State Expert Review Board (GGE), and that all planned environmental protection measures have been implemented.

Regulatory Framework of the Procedure

EcoZOS is obtained based on the results of on-site inspections conducted by the territorial body of Rosprirodnadzor (or another territorial body) on behalf of its central office. The conclusion of the federal state environmental supervision body is also issued by the territorial body of Rosprirodnadzor.

The procedure for obtaining EcoZOS is standardized and regulated by the following legal acts:

• Federal Law No. 7-FZ dated January 10, 2002 "On Environmental Protection" (Art. 65, Part 8);
• Urban Planning Code of the Russian Federation (Art. 55, Part 3, Clause 9);
• Decree of the Government of the Russian Federation No. 1096 dated July 30, 2021;
• Order of Rosprirodnadzor No. 347 dated June 28, 2022;
• Order of Rosprirodnadzor No. 123 dated March 1, 2022.

Who Needs to Obtain EcoZOS

The list of facilities required to obtain EcoZOS is established in Rosprirodnadzor Order No. 347 dated June 28, 2022. According to paragraph 2 of the order, EcoZOS is mandatory for all capital construction projects classified as Category I facilities with negative environmental impact (NEI), as well as all capital construction projects located:

• in the exclusive economic zone of the Russian Federation;
• on the continental shelf of the Russian Federation;
• in internal maritime waters and the territorial sea of the Russian Federation;
• on the lands of specially protected natural areas;
• on artificial land plots on water bodies.

In other cases, the legislation does not require obtaining the conclusion.

The procedure is especially important for Category I facilities with negative environmental impact (NEI), as the state ecological expertise is mandatory for them.

Documents Required to Obtain EcoZOS

The main package includes:

• SEE conclusion on the project documentation;
• the project documentation itself;
• order appointing the person responsible for industrial environmental control;
• documents confirming the qualifications of employees making decisions in the field of environmental protection (EP) at the enterprise;
• certificate of the facility's NEI category;
• arrangement of waste accumulation sites by hazard classes;
• industrial environmental control (IEC) program;
• IEC report;
• construction permit;
• notification to Rosprirodnadzor about the start of construction works;
• act of compliance of the facility with the project documentation.

The set of documents may vary depending on the facility's NEI category, as well as the list of studies included in Section 8 of the project documentation. This section contains environmental protection data: measurements of pollutant content in emissions and soil, noise level measurements, and more. You can also refer to reporting documentation: 2-TP (air), 2-TP (waste), declaration of payment for NEI, reports on IEC, adverse meteorological conditions (AMC), maximum permissible emissions (MPE), etc.

Stages of Obtaining EcoZOS

1. First, it is necessary to determine whether the facility needs to obtain EcoZOS. This can be done according to the clauses of Rosprirodnadzor Order No. 347 dated June 28, 2022. If EcoZOS is required, you must obtain a schedule of site visits and inspections from Rosprirodnadzor. To do this, submit an appeal to the agency informing them of the start of construction — no later than 7 days before it begins. Rosprirodnadzor reviews the appeal and sends an approved schedule in response.
2. Next, preparation for obtaining EcoZOS begins. As part of the preparation, an NEI category is assigned to the construction site, because it is there, according to Section 8, that environmental protection measures and measurements must be carried out during construction. The site must be registered for a category within six months from the start of its operation — that is, after construction has begun.
3. Regardless of which category — III or IV — is assigned, all types of reporting must be prepared. Additionally, at this stage, it is necessary to study Section 8 of the project documentation regarding environmental protection measures. Depending on its content, measurements and studies must be conducted involving an accredited laboratory.

Overall, the algorithm of actions for obtaining EcoZOS is as follows:

1. Notify the territorial department or central office of Rosprirodnadzor (depending on who issued the SEE conclusion) about the start of construction 7 days before the work begins.

2. Obtain an approved inspection plan from Rosprirodnadzor for the duration of construction — no more than 6 inspections for Category I facilities.

3. Submit an application for the issuance of the conclusion, specifying the duration of construction works, details, and the name of the legal entity in the application.

4. Undergo an unscheduled inspection by Rosprirodnadzor upon completion of construction or reconstruction. During the inspection, the agency evaluates the compliance of the completed facility with its project documentation, the SEE and GGE conclusions, and verifies the implementation of environmental protection measures, after which it makes a decision on issuing the conclusion.

5. Issuance of EcoZOS or refusal to issue.