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LAW OF THE REPUBLIC OF UZBEKISTAN

of March 15, 2021 No. ZRU-678

About environmental audit

Accepted by Legislative house on December 26, 2020

Approved by the Senate on March 12, 2021

Article 1. Purpose of this Law

The purpose of this Law is regulation of the relations in the field of environmental audit.

Article 2. Legislation on environmental audit

The legislation on environmental audit consists of this Law and other acts of the legislation.

If the international treaty of the Republic of Uzbekistan establishes other rules, than those which are stipulated by the legislation the Republic of Uzbekistan about environmental audit then are applied rules of the international treaty.

Article 3. Basic concepts

In this Law the following basic concepts are applied:

environmental audit - the systematic, documentary, independent assessment of economic and other activity of the subject of environmental audit which is carried out by environmental auditing organization regarding observance of requirements of regulating documents in the field of technical regulation and regulatory legal acts in the field of environmental protection and rational use of natural resources;

the ecological auditor - the physical person having the qualification certificate of the ecological auditor;

the customer of environmental audit - the business entity, his owner, participants and (or) shareholders initiating carrying out environmental audit;

the qualification certificate of the ecological auditor - the document confirming qualification of the ecological auditor and granting the right to implementation of ecological auditor activities;

object of environmental audit - the economic and other activity of the subject of environmental audit making impact on the environment and also its management system the environment;

the subject of environmental audit - the business entity and other organizations which are carrying out production performing works and rendering the services subjected to environmental audit;

environmental auditing organization - the legal entity performing ecological auditor activities;

ecological auditor activities - the business activity of environmental auditing organization including carrying out environmental audit and rendering the accompanying services;

the conclusion of environmental audit - the document addressed to the customer of environmental audit, containing detailed data on the course of the booked environmental audit, the revealed violations of requirements of regulating documents in the field of technical regulation and regulatory legal acts in the field of environmental protection and rational use of natural resources, results of the carried-out laboratory researches and other information obtained as a result of carrying out environmental audit.

Article 4. Basic principles of environmental audit

The basic principles of environmental audit are independence, objectivity, confidentiality and reliability.

Article 5. Standards of environmental audit

Standards of environmental audit determine procedure for carrying out environmental audit, rendering the accompanying services and the organization of quality control system of work of ecological auditors.

National standards of environmental audit establish single requirements to implementation of ecological auditor activities.

Environmental auditing organizations when carrying out environmental audit according to the agreement can apply international standards of environmental audit.

Article 6. Main objectives of environmental audit

The main objectives of environmental audit are:

collection of reliable information about ecological aspects of economic and other activity of the subject of environmental audit;

determination of compliance of economic and other activity of the subject of environmental audit to requirements of regulating documents in the field of technical regulation and regulatory legal acts in the field of environmental protection and rational use of natural resources;

assessment of impact of activities of the subject of environmental audit on state of environment;

efficiency evaluation of the nature protection actions realized by the subject of environmental audit;

decrease in risk of emergence of the emergency situations connected with environmental pollution;

management system efficiency evaluation environment;

creation of the conclusion of environmental audit, development of the recommendations submitted on increase in efficiency of the nature protection actions, and also enhancement of management system by the environment performed by the subject of environmental audit.

Article 7. Features of carrying out environmental audit

Environmental audit does not substitute the environmental control exercised according to the legislation.

Environmental audit is booked based on the agreement signed between environmental auditing organization and the customer of environmental audit in which terms and other conditions of carrying out environmental audit are determined.

Environmental audit can be booked concerning all activities of the subject of environmental audit in the field of environmental protection and rational use of natural resources or its separate part.

In case of compliance of activities of the subject of environmental audit to requirements of regulating documents in the field of technical regulation and regulatory legal acts in the field of environmental protection and rational use of natural resources the subject of environmental audit is not subject to check by the State committee of the Republic of Uzbekistan on ecology and environmental protection (further - Goskomecologies) within one year, except as specified, provided by part six of this Article.

In case of discrepancy of activities of the subject of environmental audit to requirements of regulating documents in the field of technical regulation and regulatory legal acts in the field of environmental protection and rational use of natural resources the subject of environmental audit shall eliminate the revealed violations in a month.

In case of accidents and emergency situations, and also in connection with conducting investigation of criminal cases or the order of the President of the Republic of Uzbekistan or the Goskomecologies Cabinet of Ministers of the Republic of Uzbekistan activities of the subject of environmental audit irrespective of the fact and results of the booked environmental audit can be performed.

Article 8. Forms of environmental audit

Environmental audit can be booked in voluntary or obligatory form.

Environmental audit concerning activities of subjects of environmental audit with low or insignificant (local impact) exposure hazard on the environment is carried out in voluntary procedure.

The subjects of environmental audit belonging to high and average exposure hazard on the environment are subject to statutory annual environmental audit.

The list of types of activity on impact risk degree on the environment is established by the Cabinet of Ministers of the Republic of Uzbekistan.

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