JPRS ID: 9140 WORLDWIDE REPORT ENVIRONMENTAL QUALITY

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• Collection: JPRS
• Document Number (FOIA) /ESDN (CREST): CIA-RDP82-00850R000200090026-2
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• Original Classification: U
• Document Page Count: 30
• Document Creation Date: November 1, 2016
• Sequence Number: 26
• Content Type: REPORTS

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JPRS L/9140 -
13 June 1980
Worldwide Re ort
p
ENVIRONMENTAL QUALITY
CFOUO 4/80)
~BMS FOREIGN BROADCAST INFORMATION SERVICE ~
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NOTE
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last line of a brief, indicate how the original information was
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mation was summarized or extracted.
Unfamiliar names rendered phonetically or transliterated are
enclosed in parentheses. Words or names preceded by a ques-
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Other unattributed parenthetical notes within the body of an
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JPRS L/9140
13 June 1980
WORLDWIDE REPORT
ENVIRONMENTAL QUALITY
(FOUO 4/80)
~ CONT~NTS
WORLDWIDE AFFAIRS .
Briefs
Saudi-Japanese Desalination Project 1
ASIA
JAPAN
Nuclear Contamination Diacovered at Tokyo University
(THE JAPAN TIMES, 13 May 80) 2
Tougher Automotive Emission Cor~trols for 1982 Planned
(ASA.HI EVENING NEWS, 29 May 80) 4
EASTERN EUROPE
CZE~HOSLOVAKIA _
Environmental Effects of Agricultural Pesticides in CSR
(Karel Dirlbek; AGROCHEMIA, Mar 80) 6
Briefa
Dangerous PPSticides 11 .
USSR
Legislation on Environmental Protection
(O.S. Kolbasov; SOVETSKOYE GOSUDARSTVO I PRAVO, Mar 80) 12
T a- [III - WW - 139 FOUO]
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WEST EUROPE
ITALY
Urban, Industrial Pollutants Mounting in Po River
(Roberto Marchetti; ~ORRIERE DELLA SERA, 26 Apr 80).... 23
-b-
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WORLDWIDE AFFAIRS
BRIEFS
SAUDI-JAPANESE DESALINATION PROJECT--Virtual agreement was reached Fri.day
on technical assistance which the Japanese Government will furnish to
_ Saudi Arabia in connection with a desalination pro~ect. Final agreement
is expected shortly, according to a government source. The desalination
project calls for the establishment of a materials research institute
at a cost of approximately 1,000 million yen, to be shouldered equally
by Saudi Arabia and Japan under a 5-year program of cooperation. It also
calls for the construction of a test plant capable of purifying 500 tons
of fresh water daily by the multistage flush process--a desalination
process developed by the Agency of Industrial Science and Technology of
the Ministry of International Trade and Industry. [Tokyo MAINICHI DAILY
NEWS in English 30 Mar 80 p 5 OW]
CSO: 5000
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JAPAN
N~JCLEAR CONTAMINATION DISCOVERED AT TOKYO UNIVERSITY
OW140504 Tokyo THE JAPAN TIMES in English 13 May 80 p 2
[Text] Four buildings in the University of Tokyo's Institute for Nuclear
Study in Taaashi, Tokyo, were contaminated by radioactivity which leaked
during an isotope experiment conducted there recently by Kyushu Univer.�sity
rese~rchers, it was learned Monday.
A survey by the Science and Technology Agency showed that the buildivigs
had been contamined by up to 398 microcuries of Californium 252, a radio-
active isotope.
The leak occurred while four Kyushu University researchers, using the lab-
oratory 7-28 April, were taking Californium out of its container.
Although institute regulations state that such an operation must be con-
ducted in a separate shielded room, the Kyushu University researchers did
not follow the regulations, according to agency officials.
The leak was found Thursday by an institute s~all researcher who entered
the laboratory room used by the Kyushu University researchers and checked
the radioactivity level there.
.
Agency officials inspected the room Saturday and found that the radioac-
tive substance which leaked from thi~ room had spread to three nearby
buildings.
The institute, located near forests and rice fields when it was established
in 1955, is now surrounded by apartments, hospitals and schools. The ac-
cident seriously shocked the local residents.
The deputy mayor, the city assembly chairman and many other Tanashi City
representatives visited the institute for explanation about the accident.
Kenzo Sugimoto, president of the institute, told newsmen that he had trusted
the Kyuahu University researchers because they had often used the laboratory
before. -
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Since they were responsible for the accident, he said, the institute might
decide in consultation with the Science and Technology Agency to prohibit
them from using the laboratory hereafter.
Akira Katase, a professor of applied nucleonics at Kyushu Univ~~reity, apol-
ogized to the inetitute at a press conference Monday in Fukuoka.
Katase said that to prevent the recurrence of this kind of accident, the
safety co~nittee of his university would review the training given its re-
searchera.
Katase said the four researchera reported to him that they had not detected
an abnormal radioactivity level when they checked it at the crnnpletion of
their expEriment.
Katase said that he would meet them in Tokyo shortly to find whether or not
their check had been conducted in a proper manner.
COPYRIGHT: The Japan Times, 1980
CSO: 5000
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JAPAN
- TOUGHER AUTOMOTIVE EMISSION CONTROLS FOR 1982 PLANNED
- OW301305 Tokyo ASAHI EVENING NEWS in English 29 May 80 p 3
[Text] Y~shihiko Tsuchiya, director-general of the Environment Agency, said
Tuesday that from 1982 stronger restrictions would be imposed on the emis-
sion of nitrogen oxide from vehicles, as well on noise produced by passen-
ger cars. _
The Environment Agency will discuss the date of the implementation of these
restrictions with the Transport Ministry and will announce the date in
August.
These restrictions follow those on light- and medium-weight cars which were
announced in the summer of 1979 and which will affect 1981 models.
The new restrictions call for the reduction of nitrogen oxide in exhaust
gas by 32 percent (from 1,100 ppm to 750 ppm) f~r medium-sized trucks and
micro buses, by 25 percent for light trucks (from 1.2 grams to 0.9 grams
per kilometer run) and by 15 percent for medium-sized diesel trucks and
passenger cars with auxiliary combustion chambers (340 ppm to 290 ppm).
As for engine noise from passenger cars, it is to be reduced from 81 to
78 phons from the 1982 models.
The noise. restrictions are being imposed only on passenger cars, an.d it
has not been decided when noise restrictions will be imposed on trucks
and motorcycles.
But the organization for economic cooperation and development's nois~
prevention policy conference held in Paris in the beginnin~ of this month
hae recommended that stricter noise restrictions be imposed in the 19$5-90
period. Consequently, the Environment 9genc~ will have t~ impose noise
restrictions on vehicles other than passenger cars prior to 1985.
The nitrogen oxide exhaust restrictions are the heaviest on medium-sized
trucks from two to four tons and micro buses.
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They are not being imposed on the direct injection type large diesel trucks
because there is little likelihood of the necessary techn3cal developments
being made in the foresee~ble future. ,
A two-type period of grace is expected to be granted to imported vehiclea.
COPYRIGHT: Asahi Ev+ening News 1980
CSO: 5000
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CZECHOSLOVAKIA
ENVIRONMENTAL EFF~CTS OF AGRICULTURAL PESTICIDES IN CSR
Bratislava AGROCHEMIA in Czech No 3, Mar 80 pp 87-89
[Article by RNDr Karel Dirlbek, CSc., College of Natural Sciences,
Charles University, Prague: "JZD Managers Evaluate the Pesticide-Soil r
Environment Relationship"]
. ~Text] From 1975 to 1976 workers of the CEMA Department of tne Geographic
Institute of the CSAV (Czechoslovak Academy of Sciences) were engaged in
carrying out the reaearch task "The methodology of [measuring] human .
- economic and other than economic impact on the environment" in individual
JZD's of Czech krajs. The comprehensive st~idy involved individual sectors
of socialist ].arge-scale agricultural production. I was invited to
evaluate the part of the findings dealing with the application and con-
sumption of pesticides and their impact. Approximately 400 answers re-
ceived from agricultural cooperatives were processed. Part of the inquir;~ ~
was designed .:o determine the size of the pesticide consumption increase
which took place in the last decade (1965-1975), the land area percentage
treated and the pesticide dose applied per hectare by individual enter-
prises. Answers reporting deleterious effects of the pesticides and harm-
f ul ~nthroF~ogenic effects especially on the soil were also processed. The
data reported by the JZD's together with additional findings can be used
as one of the indicators in pinpointing land areas sub~ect to potent3al
harm from agricultural produ~ct~on.
Increa~ed Use of Pesticides
Some respondents avoided answering this question directly, claiming that
they had no data from preceding years. Other problems which made answering
this question difficult were the amalgamation of JZD's, the increased area
under cultivation and the switch to the larger size of pesticide applica-
tions due to production specialization. Of six Czech krajs, four report
increased use of pesticides by up to 200 percent, in Moravian kra~s the
upper limit is even higher. The answers received from management workers
reveal that in the past decade pesticide consumption increased in indi-
vidual JZDs from 10 to 4G0 percent, in one case by 900 per~ent. In two-
fifths of the enterprises, pesticide consumption rose from 1 to 50 percent
over the original level, in another two-fifths from 51 to 100 percent
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and in the last fifth, 101 to 200 percent. These reports came primarily
from enterprises located in the Central and East Bohemian kra~s and from
both Moravian krajs.
Percentage of Agricultural Land Treated With Pesticides
The median percentage of land treated with pesticides reported by the
farmere from the various kra~s is 60 percent and higher. Determining
the upper and lower quartile for all the individual kra~s,~i.e., deter-
mining the values lying in the second or third quartile of all [the krajs]
ranked by size, reveals that half the agricultural enterprises in kra~s
are appl,ying pesticides to agricultural land within the following range:
Kra~ Percentage of agricultural land area -
Central Bohemian from 70 to 85
East Bohemian from 50 to 80
South Bohemian from 41 to 70
West Bohemian from 50 to 81 .
North Bohemian from 50 to 100
_ North Moravian from 40 to 83
South Moravian from 60 to 80
In some cases less than half the land area is treated with pesticides, a
result oi the c~mposition of the crops grown (pastureland, perennial
fodder cultures, etc.) in the North Moravian and South Bohemian kra~s.
In the other krajs the lower quartile reaches the value of SO percent,
in prime agricultural areas such as the South Moravian and Central
Bohemian krajs the lower limit is higher, i.e., in these kra~s JZDs
regular~y treat a].arger percentage of cultivated land. In the upper `
quartile the relationship is much more obvious (in hop-, fruit-, sugarbeet-
and wine-growing areas), for example in the North Bohemian kra~.. An
analysis of the farmers' answers reveals further that in all Czech krajs
two-third.s of the agricultural enterprises annually treat 50 percent and
more of their agricultural lanci, in four kra~s half the enterprises treat -
70 percent and more of their land (the East Bohemian, Nortlt Bohemian,
North Moravian and SoLth Moravian kra~s) and in the Central Bohemian kra,j,
80 percent and more. .
Pesticides Applied Per Hectare
Overall, 82 percent of agricultural cooperatives use pesticide doses of f
up to 7 kilograms per hectare, 17 percerit doses between 70 and 10 kilo-
grams and only 1 percent doses above 10 kilograms per hectare. Krajs
with prime agricultural soil growing special crops apply higher pesticide
dose3:
Cer.tral Bohemian kraj : ~
up to 7 kilograms per hectare 79 percent of enterprises
from 7 to 10 kilograms 21 percent of enterprises
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East Bohemian kraj:
up to 7 kilograms per hectare 83 percent of enterprises -
from 7 to 10 kilogra*.ns 16 percent of enterprises
North Bohemian kraj:
up to 7 kilograms per hectare 67 percent of enterprises
~ from 7 to 10 kilograms 21 percent of enterprises
over 10 kilograms per hectare 12 percent of enterprises
South Bohemian kra,j :
up to 7 kilograms per hectare 75 percent of enterprises
from 7 to 10 kilograms 24 percent of enterprises _
Higher pesticide doses are applied selecti~?ely to treat some crops
(triticum, potatoes, corn, hops and grapevines).
_ Pesticide Side Effect~
According to the farmers' reports (13 percent of the respondents) the
danger of harm to insects and bird and furry wildlife is greatest. Three
percent of the respondents report instances of damage to subsequent crops
and 3 percent report harm to fieh. Ttao percent report harmful effects
to soil. -
In the comprehensive assessment of the harmful effects ~2 percent of the
answers put chemization of agriculture in first place. This was the answer
of 20 percent of the respondents from t.he Central Botvemian kra~, of 14 per-
cent from the South Bohemian kra,j and 11 percent from the other kra~s. Of
other factors, seen through the farmers' eyes, only erosion (63 percent of
the answers) was identified as a greater danger than the harmful effects
of pesticides.
Comparison
The reliability of the answers can be assessed by comparing them with avail-
able official data. According to these data the land area treated with pesti-
cides is three times that treated in 1965, which is in agreement wi th the
answers received from the farmers, In the CSR 95 percent of all agricultural
land is treated with pesticides.
If only land of the socialist ,^,ector is considered then the total land
treated in the CSR with pesticides exceeds the above by 1 percentage point.
Taking ir.to account the necessary repeat treatment of some crops and
- selective treatment dictated by pest infestation outbreaks the data re-
ported by the~users agree even here with the official data.
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Figure 1. Approximate agricultural land areas potentially endangered by ,
the use of pesticides reflecting.pesticide doses appl3ed per hectare,
the size of treated land area and observed deleterious side effects. ,
. ' i
_ �
- ;�r~ .'~ri= �
---.i'r:~~' ;
'.t~. �
~ .S~I:..~ ;i1 .'~'~:i.;� . � ~
+ 1.~.
~ ~S.L+~~1'. a,.~
~~---~-~,,~.:';;..;::.~i�::i::,.: . .
~ t~..~ J~.,:..,'.. .
�~i�'~ it:;,.';~:~.
I� � ~ -
I~r. ':i'p� j~;'~:
~'''1;~~~::
~i ...i
Degree of potential ha.rm
o ? no~e
~ r~egligible
~ rt~n sma11
3 1111
, ` ~ meclium
LiAX ilritliIl
The actual consumption of commercial pesticides in the CSR is around
20,000 tons a year, or about S kilograms per hectare. This is also born
_ out by the farmers' answers. Areas with h~.gher-than-average consumption
of pesticides are documented and specified in greater detail in.the
inquiry than in the general summaries of the official reports. Obviously,
the farmers' objective assessment of pesticide side-effects which escapes
off icial notice is also credible because the JZD workers are in close ~
contact with the work environment and are its best judges.
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- Conclusions
Anawera from farmers on the use of pesticides and their side effects observed
in individual agricultural enterprises contained in questionnaires sent out
by the CEMA Department of the Geographic Institute of the CSAV were evaluated.
Over the past 10 years peaticide consumption in individual JZDs increased
by up to 200 percent. Generally, agricultural enterprises treat half or
more of the~r land holdings. In the NorCh Bohemian, East Bohemian,
_ North Moravian and South Moravian kra~s, half of all JZDs treat 70 percent
or more of their land, in the Central Bohemian kra~, 80 percent and more.
The average application per hectare is 5 kilograms, in enterprises growing
epecial crops 10 kilograms. Data concerning the harmful effects of
peaticide application are evaluated. An assessment~of the potential danger
of environmental damage can be derived from the amount applied per hectare,
the size of treated land areas and the observed harmful effects of
pesticides.
COPYRIGHT: ALFA, Bratisla,va, 1980 -
8664
CSO: 5000
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CZECHOSLOVAKIA
BRIEFS
DANGEROUS PESTICIDES--Of the current 435 pesticide products used in Czecho- -
slovak agriculture 39 are classified as "eapecially dangerous poisona,"
118 ae "oCher poisona" and 13 as "cauatic." Significantly dangerous to
- humans are 39 percent of these producta. [Prague PRACOVNI LEKARSTVI in -
Czech No 1, Jan 80 p 33] _
CSO: 5000 -
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g USSR
LEGISLATION ON ENVIRONMENTAL PROTECTION
- Moscow SaVETSKOYE GOSUDARSTVO I PRAVO in Russian No 3, Mar 80 pp 69-77
/Article by Doctor of Legal Sciences Professor 0. S. Kolbasov, chief of a
sector of the Institute of State and Law of the USSR Academy of Sciences:
"The Main Directions of Legislation in the Field of Environmental Protec-
tion"/
/Text/ In recent years intensive work has oeen carried out in the USSR on
the codification and updating of the legislation concerning the regulation
' of the uae and the protection of the environment. Fundamentals~of land,
water, timber and mineral resources legislation of the USSR and the union
repu'~lics, the correaponding republic codes and a large number of addition-
al legal acts with respect to the fundamentals and codes have been adopted.
The 1977 USSR Constitution ratified the most important principles on en-
vironmental protection (Articles 18, 42, 67, 73, 131, 147 and others). The
drafting of two fundamental bills--on the protection of the atmosphere and
on the protection and use of the animal kingdom--is envisaged during the
current five-year plan. The decree of the CPSU Central Committee and the
USSR Council of Ministers of 1 December 1978, "On Additional Measures to
_ Step Up Environmental Protection and to Improve the Use of Nat~ral Re-
sourcea," recognizes it as necessary to draft standard statutes on state
preserves, natural monuments, botanical gardens; zoos and arboretums, game
refuges and natural (national) parks.l As a result the development of a
set of basic laws, the force of which will cover relations on the protec-
tion of practically all the main components of the natural environment--
the land, its mineral rcauurces, water, forests, the animal kingdom, the
air and natural ob~ects, which are of exceptional scientific or cultural
value--apparently will basically be completed by the end of the current
five-year plan. At the same time the question of the directions of the
further development of conservation legislation in the near and distant
future and of the system and content of USSR legislative acts on environ-
mental protection, which are planned in the future, remains urgent.
l. See SP SSSR, No 2, 1979, Article 6.
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The thorough analysis of the developing needs of practice makes it possible
to conclude that during the next five-year plan (1981-1985) the main direc-
tiona of legislation in the area of the regulation of the use of natural
resources and environmental protection will be: the completion of the
elaboration and the putting into effect of a complete aet of additional
enforceable enactments of an auxiliary nature, which ensue from the pasaed
fundamental laws (the corresponding fundamentals of legislation and codes);
the drafting and passage of two more fundamental laws--the law on the use
and protection of natural flora (outside of forests) and an all-union law on
the protection of the natural environment.
Additional Eniorceable Enactments. The development of a set of additional
enforceable enactments will be accomplished by the preparation and issuing
of statutes of the USSR Council of Ministers, the councils of ministers of ~
the union and autonomous republics, the executive commi.ttees of the kray
and oblast soviets, as well as of departmental enforceable enactments--
regulations, statutes, instructions, standards and so forth on questions of ~
_ the use of nature and environmental protection. The elaboration and putting ,
into eEfect of those additional enforceable enactments, which are stipulated ~
by the corresponding fundamentals of legislation, are of great importance.
Thus, Article 13 of the Fundamentals of Land Legislation of the USSR and ~
the Union Republics, which concerns the protection of land and the increase
of the fe-rtility of the soil, envisages the possibility of the establish-
ment by le~islation of the USSR and the union republics of ineasures on the
economic ~ncouragement of land users for the purpose of stimulating the im-
plementation of ineasures on the protection of land, increasing the fertili-
~:y of the soil and involving unused lands in agricultural circulation. The
urgency of these questions is unmistakable. Meanwhile, legal acts estab-
19.shing the economic encouragement of land users in the indicated instances
have nor been issued. Similar problema require solution as applied to the
protection of mineral resources (Article 33 of the Fundamentals of Mineral
- Resources Legislation) and forests (Article 46 of the Fundamentals of Timber
i~~glslation). In connection with the protection of land the question of
assigning lands to categories, which form the unified state land resources
(Article 4 of the Fundamentals of Land Legislation), and of the procedure
of transferring lands from one category to another is of great importance.
Practice has shown that difficulties have arisen here, which are hampering
::he organization of the rational use and protection of land. Nevertheless
tiley have not been resolved in accordance with standard pracedure.
'I'he prevailing legislation still does not contain regulations concerning
r_he restoration of the violated rights of land users. The standards on the
liability of offenders do not touch upon this issue. And even if the.vio-
lators of land legislation are liable for what has been committed, the vio-
].ated rights of the land users in many instances remain unrestored, that
is, no real restoration of the conditions of land use and the state of the
land, which existed before the offense, occurs. As is known, the procedure
of such land restitution has a number of peculiarities and requires spe-
cial regulation.
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As to the protecti~n of waters, the question of a system of ineasures of lia-
bility forthe violation of the requirements of water legislation has not
- been completely resolved. The Fundamentals of Water Legislation stipuiate,
for example, that persons guilty of putting into operation enterprises,
municipal or other facilitiea without atructurea and devices, whi~:a prevent
the pollution and contamination of watera or the harmful influence of such
facilities, are criminally or administratively liable in conformity 4rith
the legislation of the USSR and the unian republics. The importance of
effectively combating such offenaes is obvious. In practice neither the
members of the state acceptance commission, who signed the certificates of ~
acceptance for operation of production facilities without the proper puri- ~
fication systems, nor the officials who approved these certificates bear
responsibility in the casea in question. The same thing can be said about
violations of the water conservation procedure for~drainage systems, which
cause the pollution of waters, water erosion of the soil and other harmful
phenomena, on the unauthorized performance of hydraulic engineering opera-
tions; the violations of the regulations of the use of water managemen~ -
structures and devices and the wasteful use of water (which is obtained or
_ diverted from water bodies). The monitoring of the use and protection of
forests (Article 9 of the Fundamentals of Timber Legislation) and mineral
resources (Article 44 of the Fundamentals of Mineral Resources Legislation),
which is implemented by the soviets of people's deputies, t'heir executive
and administrative bodies, as well as by state organs especially empowered
to do this, has not been regulated in accordance with standard procedure. �
It seems expedient to issue an additional enforceable enactment in conformi-
ty with Article 33 of the Fundamentals of Mineral Resources Legislation, in
which it is indicated that in case of the violation of the requirements on
the protection of mineral resources the use of the mineral resources can
be limited, halted or prohibited by organs of the State Mine Supervision
or by other state organs empowered to do so in accordance with the proce-
dure established by USSR legislation.
There are also othEr questions which ensue from the fundamental laws of a
conservation nature and which require additional standard settlement. Some
of them do not pertain directly to environmental protection problems, but
are indirectly connected with the latter. In the end all this is impeding
the solution of the environmental protection problem in our country. In
order to regulate the additional standard legislation in the field of en-
vironmental protection in accordance with the procedure of the planning of
work on bills for the forthcoming five-year plan a list of questions should
be compiled, with respect to which the preparation of government statutes
and departmental enforceable enactments would be advisable, with an indica-
~ion of the type of enactments, the period of the drafting, as well as the
ministries and departments responsible for preparing them.
The Law on the Use and Protection of Nonforest Flora. The need to promul-
gate a law on the use and protection of natural flora (outside of forests)
reaults from the fact that such flora is an important component of the na-
, tural environment, but its use and protection so fart~ave been regulated
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extremely inadequately by the law. At present enly that portior. of the
flora outside of forests, which consists of species of trees and shrubs, is
~ covered to a certain extent by timber legislation.
According to Article 5 of the Fundamentals of Timber Legislation the state
timber reaerve does not include: trees and groupa of tress, as well as ar- -
boreal and bushy vegetation on agricultural lands; protective plantings on
the rights of way of railroads, highways and canals; trees and groups of
trees, as well as landscaping plantings in cities and other population cen-
ters, which are growing on lands not occupied by urban forests; trees and
groups of trees on private, dacha and orchard plots. The creation of the
indicated plantings, their care and use are carri~d out in accordance with
the procedure specified by legislation of the USSR and the union republics.
The conservation and protection of windbreak forest belts on the land of ~
kolkhozes and sovkhozes and other windbreak or landscaping arboreal and
bushy plantings, which do not belong to the state timber reserve, are en-
aured by the land uaers, the appropriate ministries and departments and the
executive committeea of the local soviets (Article 46 of the Fundamentals).
Persons guilty of the illegal destruction or harm of windbreak forest belts
on the lands of kolkhozes and sovkhozes or of other protective or landscap-
ing arboreal and bushy plantings, which do not belong to the state timber
reserve, bear the liability, which is established by legislation for de-
struction or harm of forests of the first group, which are specially pro-
tected, if the legislation of the USSR and the union republics does not
establish stricter liability for the indicated actions (Article 50 of the
E'undamentals). Meanwhile, the nonforest flora consists not only of arboreal
and bushy plantings, but also of many types of herbaceous plants, which are
c>f ~ust as great a value to society as are forests. Therefore, the use
and protection of nonforest vegetation merit more qualified legat regula-
ti.on. ,
At the present stage in the all-union law on the use and protection of
nc~nforest natural flora it is important to establish the most general and
fundamental regulations on this question, in particular it is important to
~zfine the nonforest natural flora legally as an ob~ect of use and protec-
rion, having indicated the criteria of its separation from other protected
~~b?ects, the means and measures of classification and accounting, as well
as the procedure of checking (monitoring) short- and long-term changes in
its condition. It is e;tpedient to link the regulation of the use and pro-
tection of the nonforest natural flora to a certain extent with the regula-
tian of land use, having assigned to the land users duties on the meeting
of all the requirements of its rational use and protection, including con-
cern a~out the protection of the flora against the improper actions of out-
side persons and organizations.
General regulations on the procedure of grazing livestock, cutting hay, pro-
curing medicinal plants and gathering wild flowers, berries and other
fruita and materials and rules on the protection of vegetation during the
performance of construction, road and other work, which influences the
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plant cover of the land, should also be established. It is necessary to -
establish specific requir�ements on the protection of rare and espec:[ally
valuable types of plants, as well as measurps on the preservation and re-
. storation of the genetic atock of our flora. In this connection the law
can specify the main requirements with respect to the protection of the
genet~c atock in botanical gardens, arboretums and so forth. Questiona of .
monitoring and liability, as well as of the organization of public activity
in the field of relations in question should be reflected in a number of
articles of the law. Taking into account the great diversity of the natural
and economic conditiona of the Soviet Union, which influence the nature of
the use and protection of nonforest natural flora, it is expedient for com- -
petent organs of the union and autonomous republics, krays and oblasts to
regulate in more detail the relations on the use and protection of nonforest
natural flora.
As to the conditions of the distant future it is possible to presume that
the historically established separate legal regulation of timber relations
and relations concerning the use and protection of nonforest natural flora
wtll cease to be a necessity. The real integration of the legal standards
in this area will be required, as a result of which horticultural law arises
as a unity, which embraces the regulation of all relations on the use, pro-
tection and reproduction of all natural flora in the country---both forest
and nonforest. Accordingly, the timber legislation will be assimilated by
this new field, for the present on the whole the existence of resource
fields of the law will be retained. It will be a part of the content of
the new field along with all other legislative standards which pertain to �
natural plant resources. -
The Union Law on the Protection of the Natural Environment. The problem of
the future union law on the protection of the natural environment for a con-
siderable length of time has been extensively discussed in the press. The
need for ita promulgation was noted in the reports and speeches of deputies
at the sessions of the USSR Supreme Soviet and the supreme soviets of the
union republics, as well as at the meetings of their standing commissions.
Many specialists, who in practice are linked in their activity with environ-
mental protection, also insist on its passage. The experience of a number
of socialist countries, which have passed comprehensive laws on environ-
mental protection--the GDR (1970), Romania (1973) and Hungary (1976)--at-
tests to the expediency of such a law. In Poland the draft of such a law
is at the final stage of preparation.2 -
The problem of protecting the natural environment cannot be solved within
the framework of only the natural resources fields of legislation, for it
is complex ahd affects those aspects of life, which are outside the sphere
2. See "Sotsializm i okhrana okruzhayushchey sredy. Pravo i upravleniye
v stranakh-chlenakh SEV" /Socialism and Environmental Protection. The
Law and Administration in the CEMA Member Countries/, Moscow, 1979,
PP 28~ 60. -
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of regulation of land, watex, mining, timber and other legislation. It is
necessary to ensure a comprehensive approach to the problem of protecting
the natural environment from the positions of all fields of Soviet law and
- from theae collective positions to regulate the procedure of planning nature
conaervation measures, monitoring the condition of the natural environment,
determining the a?aximum permissible anthropogenic load on the environment
in certian regions or others, establishing and implementing protective re-
quirements of a nature conservation nature in the national economy, intro-
ducing in practice measures of the moral and material stimulation of the
collectives of enterprises for the conscientious meeting of environmental
protection requirements and so for. Therefore, the question consists first
of all in determining the main social task, the solution of which should be
ensuxed by the union law on environmental protection, that is, should sub-
stantiate scientifically the ob~ective orientation of such a law and its
content.
Taking into account the actually achieved level of nature conservation ac-
tivity in the country, the status of the legislation and the opinions ex-
pressed during the many years of discussion, it should be admitted that the
assurance of the ecological substantiation of the functioning and further
development of the socialist national economy is the main problem, toward
the solution of which the union law on environmental protection should be
aimed at the present stage. The economic-ecological orientation should be
the main orientation in the content of the law. In essence it is necessary
to intro~uce in the national economy a kind of ecological discipline as an
integral part of overall economic, production discipline. All the questions
of the content of Che future law could be grouped in five sections: the
general pr.inciples and policy of environmental protection; preventive meas-
~~rea in the national economy; the monitoring of the influence on the natur-
a1 environment; the liability for the violation of the legal requirements
of environa~ental protection; the interrelationship of the domestic and in-
ternational nature conservation aspects. In the first section the official
_ specification of the goals of the long-range policy of the Soviet Govern-
' nent in tt~e field of the protection of the natural environment should be
aiven, at least the three main aims, which are of fundamental importance for
�he ecological policy, should be expressed: the barring of the appearance
c-f new causes and sources of the adverse impact of society on nature, the -
- ;-radual elimination of the existing causes and sources, the gradual improve-
ment of the natural conditions of the country. _
It seems expedient to stipulate that the designing, construction and place-
ment into operation of new and renovated enterprises, structures, machines,
~ units and other production and economic facilities are not allowed after
this law enters into force or after some other date, if they do not meet
the establiehed environmental requirements and may do harm to the environ-
ment by their siting, operation or products. This regulation would have a
great protective significance, ensuring certainty of the success of the en-
tire matter of environmental protection, for it is well known that it is
easier to prevent the adverse influence of production on the environment
than to eliminate the consequence of the placement into operation of some
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_ facility or of production capacities which have been developed in violation
of ecological requirements. Further it should be stipulated that with re- '
apect to operating enterprises and other economic and production facilities
a policy of gradually limiting the adverse influence on the natural environ-
ment by building and putting into operation purification facilities, im-
proving the production technology, changing the type and quality of raw
materiale and so forth will be implemented. ~
It is also necessary to state the duty of all state organs, enterprises,
inatitutions and organizations, which are responsible for making and execut-
ing economic decisions, and to take into account the possibility of the oc-
currence of adverse changes in the environment in the near or distant future
as a result of the execution of the decisions made by them. This is one of ~
the main ways to ensure the real consideration of the interests of future
generations of people in present practice. Such consideration constitutes
a fundamental principle of the socialist concept of environmental protec-
tion.
In the second section it is expedient to focus attention on questions of
sectorial and territorial planning of the development of the economy with
allowance made for ecological requirements, the financing and material and
technical backing of nature conservation activity. Here it is necessary to
take into account the peculiarities of socialist commodity production, which
leaves its mark on the process of implementing the ecological requirements.
It would be important to sanction the principle of the priority of the~goals
of environmental protection. In instances when it is not possible to en-
sure the harmonious combination of the economic impact with the meeting of
the requirements of environmental protection, the preservation of the quali-
tiea of the natural conditions, on which the possibility of human life on
- earth depends, should take priority with respect to any economic profit
which might be derived from the use of nature.
The question of the moral and material stimulation of the collectives of
enterprises, inatitutions and organizations in the achievement of the goals
of environmental protection and the meeting of nature conservation require-
ments in the production process is extremely important. The decree of the
CPSU Central Committee and the USSR Council of Ministers of 1 December 1978,
On Additional Measures to Step Up Environmental Protection and to Improve
the Use of Natural Resources," stipulated that when tallying the results of
the socialist competition of enterprises and organizations it is absolutely
necessary to take into account their fulfillment of the plans and measures
on nature conservation, the observance of the standards and regulations of
the use of natural resources,the purification and treatment of production
wastes. For the failure to fulfill the plans and measures on nature con-
servation the directors (chiefs, managers), their deputies and the chief
engineers of enterprises and organizations, as well as the workers, who are
guilty of not fulfilling the indicated plans and measures, are deprived in
full or in part of the bonuses in accordance ~,rlth the main results of the
economic activity. The managers and other workers of enterprises and organ-
izations, who are guilty of not observing the standards and regulatione on
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the use of natural resources, are also deprived in full or in part of the
bonuses in accordance with the main results of the economic activity. This -
measure is applied upon representation of the organs which monitor the ob-
servance of these standards snd regulations. The USSR State Committee for
Labor and Social Problema has been commiasioned along with USSR Gosplan, ~
the U~SR State Commit~ee for Science and Technology and the AUCCTU to eatab-
lieh the procedure of depriving bonuses for the failure to fulfill the plans
and measures on nature conservation and for violating the standards and
regulations of the use of natural resources. This situation, which is ~ust
beginning to be formed, should be lent a universal nature, so that the meet-
ing of the requirements of environmental protection would become one of
the standing principles of the entire system of socialist competition in
the USSR national economy.
In the iaw it is expedient to sanction as a comprehensive principle the
obligatory nature of the ecological appraisal of the engineering plans of
all construction pro~ects, new technologies and new types of substancesy
materials, machines and consumer goods, which are being produced. It is
also necQSSary to stipulate that the plans of the largest transformations
of nature are liable to extensive preliminary discussion by the population,
whose recommendations should be carefully reviewed and taken into account
by planning organizations. In the law it is expedient to thoroughly define
the principle of the banning of the acceptance for operation of newly built
and renovated economic and technical facilities, which do not meet the re-
quirements of environmental protection.
In the other sections of the law it is necessary to specify the principles
of nature conservation standardization, global observations of the condition
of the environment and the forecasting of its probable changes, the prin-
ciples of state accounting of natural resources and their use, including
tlie performance of cadasters, as well as the principles of state control,
monitoring and supervision in the field of environmental protection. The
question of the ecological education and training of the population, the
participation of the public in environmental protection and the considera-
tion of public opinion on questions of nature conservation activity in the
country requires a fundamental legal settlement.
'1'he problems of the liability for violating the legal requirements of en-
vironmental protection should be expressed in concentrated form in the Iaw,
so that, by relying on it, it would be possible to achieve a great efficien-
cy of the legal measures of combating ecological offenses. It ia neces-
sary to specify more precisely the correlation of the types of legal re-
sponsibility and the demarcation of the bases of their application in the
field in question. It is important tofix legislatively the principles of
USSR international cooperation in the field of the protection and improve-
- ment of the environment and the rational use of natural resources, which is
connected with this, as we11 as to specify the conditions of the implementa-
tion of intern:~tional environmental law on USSR territory.
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Thus, the proposed content of the future union law on environmental protec-
tion ia distinguiahed by the fact that here all the attention is focused on
the thoroughly interconnect~d legal regulation of a11 the aspects of the
activity of society, which directly or indirectly affect the condition of
the environment. The main thing is t~ ensure the ecologically sound real
behavior of people with respect t~ the environm~nt in all ita complexity
and diversity under the conditions of the further intensification of the
scientific and technical revolution and social progress.
- The Long-Range Prospect of Legislation. Some specialists c~nsider it pos-
sible already today to draft and pass a law, whi~h integrater all the ques-
tions of the legal protection and use of natural resources and therefore
unites completely or to a considerable extent land, water, mining, timber
and other natural resource sectorial legislat~ton.3 It is proposed here to
take out of the parentheses the general questions of the legal regime of _
natural ob~ects. In our opinion, such a degree of integration is still
premature, for the necessary conditions have not formed for it, while the
advantagea of the legal regulation of the relations on the use and protec-
tion of the main components of nature, which is differentiated by sectors,
are still far from exhausted.
Under present conditions, when law in the area of relations in question has
been developed unevenly and contains many gaps at various levels of the
hierarchy of laws and obsolete standards, which require replacement, while
the ecological requirements stemming from the ob~ective laws of nature are
poorly expressed in the law, the sectorial method of the legal regulation
of the use and protection of natural resources is preferable, while the
_ differentiated development of land, water, mining, timber and other such
fields of law is so far the dominant trend.
The tendency toward the integration, or, to put it better, toward the con- -
solidation, of all the fields of law, which regulate the use and protection
of nature, is intensifying. But it will become the main direction of the
improvement of the law in the field of relations in question only when the
current period of the codification of the natural resource fields of law
ia basically completed, when the lag in the development of some of them is
eliminated, a law on environmental protection of the USSR with the content _
deacribed above is promulgated and the general nature conservation princi-
ples are expressed in a quite improved manner in the law. Most likely this
will become possible closer to 2000 or after the turn of the second millen-
nium. Then the question of creating a consolidated law on the environment,
which integrates all the main standards of the law on the influence of
people on nature, including the standards of land, water, mining, atmospher-
ic, horticultural and fauna law, will probably become urgent. The content
of this 1aw could be described today only very schematically. It can be
3. See, for example, V. P. Balezin, "On the Question of Natural Resource
Law," VESTTIIK MOSKOVSKOGO UNIVERSITETA. PRAVO, No 1, 1977, pp 11-19.
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presumed that a general and a particular part will have to be distinguished
in it. The most essential universal principles of the interaction of soci- -
ety and nature will be reflected in the General Part. The specific prin-
ciples on the use and protection of various types of natural resources will
be included in the Particular Part.
In addition to the well-known principles of the policy of the Soviet state
~ in the sphere of the interaction of society and nature, the characterization
of the tasks, ob~ect and atructure of the entire system of legal standards
in this field of relations, in addition to the general principles of the
right of exclusive state ownership of natural ob~ects and the right of the
use of nature, in the General Part of the consolidated law it will be neces- -
sary to write about the right of citizens to live under favorable natural '
conditions (for the social value of the favorable natural environment of
people will undoubtedly increase) and to recover the loss caused as a re-
ault of an adverse change in these conditions.
Not only the direct legal regulation of the production actiwity influencing
the condition of nature, which is now the dominant element of the ecological
legal mechanism, but also the regulation of the factors, which predetermine
the direction and scale of the development of physical production, are as-
suming more and more importance during the present period. People are de-
veloping production and influencing nature for the purpose of ineeting cer-
tain needs of theirs. The nature of production and the degree of its in-
juriousness to nature to a considerable extent depend on the nature of the
needs. At any rate it would be desirable for mankind to eliminate the needs
which are not socially justified. Therefore, in the consolidated law it -
wi11 be necessary to envisage legal measures of the guided formation of ~
human (social) needs with allowance made for the ecological factor, with
the view to ad~ust in this way on a massive historical scale the directions
- and means of influence of people on nature.
The increasing influence of the scientific and technical revolution on the
nature of the interaction of so~iety and nature requires closer social con-
trol over the advent and application of new achievements of science and
technology. Meanwhile today when evaluating the social value of scientific
diacoveries and technical innovations, in our opinion, the ecological con-
sequences of their practical application are being taken quite poorly into
account, which often leads to serious difficulties in environmental protec-
tion. Obviously, this situation should be overcome. Therefore, not only
the ecological appraisal of engineering plans, new technologies, new types
of substances, materials, machinery and consumer goods, which are produced
in our country or purchased abroad, but also the ecological evaluation of
scientific discoveries and new achievements of a technical nature as a man-
datory preliminary condition of their use in practice should be introduced
in practice via the law.
It will also be necessary to devote much more attention than at present to ~
questions of the purposeful transformation of natural conditions and the
formation of those qualities of the environment, which will best meet the =
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- needs of people on the threshold of communism and later. Consequently this
will require the consolidation of the necessary principles and standards in
the conaolidated law.
The Particular Part of the consolidated law first of all will unite, of
course, the legal atandards on the use and protection of land, the mineral
resourcea of the land, water, the p].ant and animal kingdome, the air, the
natural complexes of health resorts and recreational areas, preserves and
natural monuments, which today constitute the bulk of the content of the
natural resource fields of the law. At the same time in the distant futvre
new questions, which today are still poorly reflected in the law, will re-
quire thorough legal regulation. It is a matter, in particular, of stepping
up the legal regulation of intentional direct and indirect influences on
the weather and climate (the artificial generation of rain, the breakup of
hailstorm clouds, the affecting of the ozone layer of the upper strata of -
the atmosphere, the ionosphere and so forth), of preventing and eliminat-
ing adverse physical, chemical, biological, including genetic, factors of -
the influence on the environment (noise, radiation, vibrations, magnetic
fields and ao forth), which are incidental elements of useful activity.
Man's penetration of space also requires the developmerit of the legal regu-
lation of the corresponding group of relations. Today these.relations are
regarded only as an ob~ect of international space law. But the need to
regulate this sphere of relatione by standards of domestic (national) law
is also appearing more and more clearly. Hence it can be presumed that
the regulations of the use and protection of outer space and space bodies
should also be reflected in the consolidated law. `
Thus, at some time in the comparatively dista-,.t future, when the entire
set of the prevailing natural resource fields of the law reaches great per-
fection in its development and basically fulfills its historical role, a
significant reform in the law will occur: the fundamentals of le~islation
and the codes in the field of the use of nature and environmental protec-
tion will be replaced by a unified comprehensive document--the consolidated
law on the environment. This will mark the maturity of a new field of
law--environmental law, which has emerged on the basis of the integration
of the existing and developing natural resource fields of law.4 But then
the solution of the problem of environmental protection, that is, of the
achievement and maintenance of ecological harmony, nevertheless will not,
in our opinion, be confined to the framework of only this field of law. -
Certain legal standards, which express the ecological requirements, will
be necessary in other fiedls--constitutional, administrative, economic,
financial, civil and criminal law, if this is required for the solution of
the problems of environmental protection from the standpoint of the given ~
fields of law and if they themselves still exist.
4. See the plan of the comprehensive law on environmental protection (the
veraion for the distant future): "Sotsializm i okhrana okruzhayushchey
sredy. Pravo i upravleniye v stranakh-chlenakh SEV," pp 382-386.
COPYRIGHT: Izdatel'stvo "Nauka", "Sovetskoye gosudarstvo i pravo", 1980
7807
CSO: 5000
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T'TALY
URBAN, INDUSTRIAL POLLU'I'ANTS MOUNTING IN PO RIVER
Milan CORRIERE DELLA SERA in Italian 26 Apr 80 p 19
[Article by Roberto Marchetti, professox of Ecology at the Universita degli
Studi, in Milan: "Enough Hydrocarbons Go Into the Po Every Year To Fill Ten
Thousand Tank Trucks"]
[Text] Recent incidents have aggravated an already dramatic
~ situation. Into the river flow also 3,000 tons of detergents,
= 485 tons of lead, 1,550 of copper, 2,600 of zinc and enormous
quantities of other discharged pollutants. Cities like Turin,
Cremona, Ferrara and Rovigo are receiving water polluted beyond
all permitted limits. Gravel pits are endangering the river
banks by removing 2 million cubic roeters of material a year.
The case of the Po river is only the latest among many that make up the
ecological crisis we are in; it is due not only to ~he damage that
the environment may suffer but especially to the fact that public opini~n
gets stirred up only if events border on catastrophe. The thxeshold of
perception is especially high, and undr:r these conditions of reduced sensi-
tivity it is not easy to single out the many problems that are chronic, fre-
quent, and undramatic and that, taken together, pose the greatest threat to
the river.
In the 74,970 square kilometers of the river basin live about 15 million
people whose productive activity gives rise to as much pollution as another
39 million people. It is as thougt for every 80 linear kilometers of river
80,000 people were using it as a sewer and the sea as a septic tank. It is
no surprise, then, that lack of purification makes the Adriatic take from
the Po in one year a pollution load that the IRSA (Water Research Institute)
estimates at 3,000 tons of detergent; 64,000 tons of oil and hydrocarbons
(equal to the volume of about 10,000 tank trucks--editor's note); 2,600 tons
of zinc; 1,550 tons of copper, 485 tons of lead, 65 tons of inercury; and
110,600 tons of biodegradable substances that consume so much oxygen that
the Po delta runs an oxygen deficit of 136,000 tons a year,
In addition to the traditional urban and industrial pollution documented in
these data, there is the pollution due to agricultural activity. Successive -
water divergence and return on the Po reaches a volume calculated at 1,900
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cubic meters a second. The most worrisome consequences of this activity -
_ are measured not by the 6.7 tons of pesticides of various kinds that the
Po carries to the sea every year but rather by the presence of BHC and DDT
already in the meltwater of the glacier at the source o" the river in Pian
del Re (2,020 meters above sea level).
- 'Chis form of chemical contamination is accompanied by severe bacterial and
viral inf.estation. The IRSA investigation showed that in 134 samples, 42
viruses were isolated, among which were the polio and enteriti's viruses.
If the ministry of Health or the EEC's standards were applied to measure
drinking or swimaning acceptability, practically no point on the river would
be ideal for either of these purposes. However, subchannel or direct-intake
ucluoducts lencl from the Po to Turin, Cremona, Ferrara, Rovigo, and many
other, lesser river towns. -
We must not underestimate, especially for the future, the possibility of
a rise in water temperature due to electric power stations situated on the
river (the 260-megawatt Trino nuclear power station, the 840-megawatt station
at Caarso, and the thermal stations of La Casell~., 1,280 Mw; Piacenza, 780 Mw;
and Ostig.lia, 1,260 Mw) or on the Po's tributaries. Some 6,280-Mw stations
have already been built on the river, and anotlier 5,200 Mw are planned.
HowevE~r, these data concern only one of the many problems of the Po. In
- t;,e river l,a.sin ttiere is taking place a disturbing amount of erosion.
_ Some 14 mil]ion tons a year of mud, sand, and gravel~are transported to ~
the sea, along with 13 million tons of dissolved salts. The natural process _
of erosi.on of these materials from the river basin has been speeding up in
the last centuries (discharges, channel and bank erosion, etc.), but for
about 20 years a sharp lowering of the river bed has been observed. It has
t~een taking place at a steady rate and is due ta the quarrying of about 2
rnillion cubic meters a y.ear of sand and gravel on the Po proper and about
a million cubic meters a year on its tributaries.
lt does not seem appropriate here to refer to the problems of water manage-
ment that are still awaiting a comprehensive solution that might somehow
regulate tht~ flow into the Adriatic of 47 billion cubic meters of water a
year, a flo~v that ranges from a minimum of 250 cubic meters a second in