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The agreement between the Government of the Republic of Kazakhstan and the Government of the Russian Federation on ecology and environmental management in the territory of the Baikonur complex in the conditions of its lease by the Russian Federation

of June 2, 2005

The government of the Republic of Kazakhstan and the Government of the Russian Federation which are hereinafter referred to as by the Parties

based on regulations of the Agreement between the Republic of Kazakhstan and the Russian Federation on the basic principles and conditions of use of the Baikonur complex of March 28, 1994, the Lease agreement of the Baikonur complex between the Government of the Republic of Kazakhstan and the Government of the Russian Federation of December 10, 1994, (further - the Lease agreement), Agreements between the Republic of Kazakhstan and the Russian Federation on development of cooperation on effective use of the Baikonur complex of January 9, 2004,

recognizing need of providing ecological safety in case of operation of the Baikonur complex,

agreed as follows:

Article 1

This agreement determines the main directions and conditions of interaction of the Parties on environmental issues and environmental management in the territory of the Baikonur complex in the conditions of its lease by the Russian Federation.

Article 2

Within implementation of the Lease agreement in the part concerning questions of environmental protection, procedure for activities of the companies and organizations, military units, other legal entities in the territory of the Baikonur complex it is determined by the separate protocol which will be signed between the Parties.

Article 3

The authorized bodies of the Russian Side specified in Article 8 of this agreement provide:

ecological safety in case of operation of objects of the Baikonur complex;

functioning of services of environmental control and environmental monitoring in the territory of the Baikonur complex, including in areas of fall of the separated parts of carrier rockets;

carrying out production environmental control and environmental monitoring in the territory of the Baikonur complex, including in areas of fall of the separated parts of carrier rockets;

the direction to the central executive body of the Republic of Kazakhstan in the field of environmental protection of annual plans of carrying out environmental monitoring in the territory of the Baikonur complex;

holding actions for cleaning of areas of fall of the separated parts of carrier rockets;

development for subjects (group of objects) of the Baikonur complex of standard rates of maximum permissible emissions, dumpings of pollutants into the environment and limits on placement of production wastes and consumption on the basis of the available operational and design documentation on these objects and submission of required materials for receipt of permission to environmental management from authorized bodies of the Republic of Kazakhstan in the field of environmental protection for again under construction objects according to the procedure, established by the protocol specified in Article 2 of this agreement;

introduction by the companies and organizations, military units and other legal entities of payments for above-standard emissions, dumpings of pollutants into the environment and superlimit placement of production wastes and consumption according to the procedure, determined by the protocol specified in Article 2 of this agreement;

ecological certification of Baikonur Cosmodrome, including the allocated areas of fall of the separated parts of carrier rockets;

import (export) of sources of ionizing radiation and nuclear installations from the territory of the Russian Federation on the territory of the Baikonur complex, including for irretrievable sending to space, only in the presence of the license (one-time permission) granted by authorized body of the Republic of Kazakhstan in the field of nuclear power. Import (export) of the specified sources and installations is performed according to the application submitted in 2 months prior to the planned term of import (export) to authorized body of the Republic of Kazakhstan in the field of nuclear power. In the request the type (type) of radioactive materials and nuclear installations, method and route of their delivery, stay term in the territory of the Baikonur complex is specified;

the admission to objects of the Baikonur complex of representatives of authorized state bodies of the Republic of Kazakhstan in the field of environmental protection for monitoring procedure according to the procedure, determined in the corresponding bilateral agreements (provisions) signed by the Parties;

conducting the state environmental assessment of project materials on perspective samples of rockets and carrier rockets in accordance with the legislation of the Russian Federation and taking into account provisions of the protocol specified in Article 2 of this agreement and also representation of results of examination in the part concerning impact on the environment, to the central executive body of the Republic of Kazakhstan in the field of environmental protection;

representation on the state environmental assessment of the Republic of Kazakhstan of construction projects of new objects and reconstruction of the operating objects of the Baikonur complex according to the legislation of the Republic of Kazakhstan;

timely and complete informing state bodies of the executive authority of the Republic of Kazakhstan on the accidents connected with negative ecological effects;

holding actions for liquidation of negative ecological effects of accidents, passages of components of the rocket fuels, radioactive pollution connected with activities of the Baikonur complex and also the admission of representatives of authorized state bodies of the Kazakhstan Side.

Article 4

The authorized bodies of the Kazakhstan Side specified in Article 8 of this agreement provide:

conducting the state environmental assessment of Construction projects of new objects and reconstruction of the operating objects according to the legislation of the Republic of Kazakhstan and taking into account provisions of the protocol specified in Article 2 of this agreement, approval of standard rates of maximum permissible emissions, dumpings of pollutants into the environment and limits placement of production wastes and consumption of objects of the Baikonur complex on the basis of the materials represented by the authorized bodies of the Russian Side specified in Article 8 of this agreement and also issue of permissions to environmental management for the objects which are again under construction in the territory of the Baikonur complex;

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