RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of July 7, 2021 No. 395

About measures for implementation of the Law of the Republic of Belarus "About change of the laws concerning advertizing"

Based on paragraphs of the fifth or seventh of Article 7, of Item 2 of Article 9-1, of part three of Item 13 of Article 10, of parts one, the second and eleventh Item 1 and part four of Item 2 of Article 13, of Item 3 of Article 24, No. 225-Z "About advertizing" and in pursuance of paragraph two of article 5 of the Law of the Republic of Belarus of January 4, 2021 No. 82-Z "About change of the laws concerning advertizing" the Council of Ministers of the Republic of Belarus DECIDES: parts two of Item 1 of article 30 of the Law of the Republic of Belarus of May 10, 2007

1. Approve:

The regulations on procedure for issue, prolongation of action, renewal and cancellation of permission to placement of means of outdoor advertizing (are applied);

The regulations on procedure for tendering on the right of investment of funds of advertizing on real estate (are applied).

2. Establish:

requirements to investment of funds of outdoor advertizing within roadside band (controlled area) of the highway, red lines of streets, roads or the areas of settlements according to appendix 1;

the list of means of outdoor advertizing which placement is allowed without availability of permission to placement of means of outdoor advertizing, according to appendix 2.

3. For the purposes of this resolution terms in the values established by the laws of the Republic of Belarus "About advertizing" and of October 28, 2008 No. 433-Z "About bases of ministerial procedures", and also terms and their determinations according to appendix 3 are used.

4. Make changes to resolutions of Council of Ministers of the Republic of Belarus according to appendix 4.

5. Recognize invalid resolutions of Council of Ministers of the Republic of Belarus and their structural elements according to appendix 5.

6. Determine that:

the permissions to investment of funds of outdoor advertizing issued before entry into force of this resolution are not subject to renewal in connection with entry into force of this resolution;

the effective period of the permissions to investment of funds of outdoor advertizing issued before entry into force of this resolution, except for permissions to investment of funds of outdoor advertizing on immovable material historical and cultural values, their territories and in zones of their protection, increased according to this resolution is prolonged automatically for the corresponding term;

action of the permissions to investment of funds of outdoor advertizing specified in appendix 2, and the agreements on placement (distribution) of outdoor advertizing signed in connection with issue of such permissions before entry into force of this resolution stops automatically. The payment under such agreements enlisted in the budget of the corresponding administrative and territorial unit does not return;

reduction of conditions of the agreements on placement (distribution) of outdoor advertizing signed in connection with issue of permissions to investment of funds of outdoor advertizing before entry into force of this resolution in compliance with this resolution is not required.

7. To make to the ministry of anti-monopoly regulation and trade explanations concerning application of this resolution.

8. This resolution becomes effective in the following procedure:

part two of Item 5 of the Regulations on procedure for issue, prolongation of action, renewal and cancellation of permission to placement of the means of outdoor advertizing approved by this resolution - since January 1, 2023;

other provisions of this resolution - since July 8, 2021.

Appendix 1

to the Resolution of Council of Ministers of the Republic of Belarus of July 7, 2021 No. 395

Requirements to investment of funds of outdoor advertizing within roadside band (controlled area) of the highway, red lines of streets, roads or the areas of settlements

1. The means of outdoor advertizing placed within roadside band (controlled area) of the highway, red lines of streets, roads or the areas of settlements shall not:

have similarity on appearance, lighting and (or) audio effect to technical means of the organization of traffic or special signals, except for the pointer;

make impression of stay on the highway, the street, the road of the settlement of the vehicle, the pedestrian, animal or other object;

cause dazzle by light of participants of traffic, and also exceed the largest admissible average brightness of means of outdoor advertizing established by technical regulatory legal acts;

limit visibility, interfere with perception by participants of traffic of road situation, create obstacle for movement of pedestrians, cyclists and the utility equipment;

be in inadequate esthetic and technical condition, including bear foreign texts and drawings;

take place:

on dividing band (in dividing zone), over the carriageway and roadsides of the highway, street, road of the settlement, except for extensions and means of outdoor advertizing on overpasses (bridges), and also cases of investment of funds of outdoor advertizing in the specified places according to the decision of the President of the Republic of Belarus, Council of Ministers of the Republic of Belarus for the purpose of ensuring national interests;

on route sign, its support or other technical tool of the organization of traffic, except for pointer;

on support of outside lighting or contact network, except for means of outdoor advertizing with area of advertizing field to 2,2 of sq.m;

at distance less than 10 meters from stopping point of common carrier within the section of the area formed from the region of the carriageway of the highway, the street, the road of the settlement to the line of placement of this stopping point, except for means of outdoor advertizing with area of advertizing field to 2,2 of the sq.m placed on support of outside lighting or contact network, and the pointer;

within roadside band (controlled area) of emergency and dangerous and dangerous section of the highway, red lines of emergency and dangerous and dangerous section of the street, the road or the area of the settlement;

by drawing texts and (or) drawings on sidewalks, roadbed of highways, streets, roads or areas of settlements;

without information on the name (surname, initials) and contact phone number of the advertizing distributor on means of outdoor advertizing;

within visibility triangles at regulated and non-regulated intersections, adjunctions of highways, streets, roads of the settlements determined depending on the set high-speed mode;

at crosswalks and within the visibility triangles before crosswalks determined depending on the set high-speed mode;

on railway crossings and within the visibility triangles before railway crossings determined depending on the set high-speed mode.

2. The means of outdoor advertizing placed within roadside band (controlled area) of the highway, including the Minsk belt road shall also not:

close or limit visibility of route signs or other technical means of the organization of traffic in the direction of the vehicle at distance less than 350 meters from them;

take place:

in band of withdrawal of the highway, except for means of outdoor advertizing with area of advertizing field to 2,2 of the sq.m placed on support of outside lighting or contact network or in the place of the organized parking of vehicles, and the pointer;

at distance less than 200 meters prior to the congresses of traffic intersections, places of adjunctions or intersections of highways;

in roadside band (controlled area) of the highway with visibility distance less than 350 meters;

at distance less than 200 meters between the means of outdoor advertizing which are consistently located along one side of the highway, except for the pointer;

at distance less than 15 meters from the region of the carriageway of the highway I of category, the Minsk belt road or less than 10 meters from the region of the carriageway of the highway of other category to the closest edge of separate means of outdoor advertizing. At the same time the next distance from the region of the carriageway of the highway to the basis of support of means of outdoor advertizing shall be at least height of means of outdoor advertizing plus 5 meters;

along the international highways, except for means of outdoor advertizing on buildings (constructions) of objects of roadside service, their territories which advertizing field is located parallel to highway axis.

3. The means of outdoor advertizing placed within red lines of streets, roads or the areas of settlements shall also not:

close or limit visibility of route signs or other technical means of the organization of traffic in the direction of the vehicle at distance less than 150 meters from them;

take place at distance less than 5 meters from the region of the carriageway (curbstone) of trunk streets of continuous movement of category M or less than 2 meters from the region of the carriageway (curbstone) of other streets, roads, the areas of the settlement to the closest edge of separate means of outdoor advertizing.

4. The means of outdoor advertizing placed within roadside band (controlled area) of the highway, red lines of streets, roads or the areas of settlements shall maintain normative values of wind, snow and vibration loadings.

Appendix 2

to the Resolution of Council of Ministers of the Republic of Belarus of July 7, 2021 No. 395

The list of means of outdoor advertizing which placement is allowed without availability of permission to placement of means of outdoor advertizing

1. Signs.

2. The portable means of delivery, peddling trade, umbrellas, canopies, tents, rolleta, barriers used under the organization of work of summer (seasonal) cafes, other non-stationary shopping facilities and non-stationary objects of servicing containing advertizing.

3. The equipment of production facilities, shopping facilities or other objects of servicing containing advertizing, including ATMs, fixed on outer sides of buildings (constructions), out of buildings (constructions) or in underground crosswalks.

4. The canopies over window openings on buildings (constructions) used for placement (distribution) of outdoor advertizing about the production facilities located in these buildings (constructions), shopping facilities or other objects of servicing, their owners, the made (realized) in these objects goods (works, services) and (or) their vendors (sellers, contractors).

5. The show-windows of production facilities, shopping facilities or other objects of servicing used for placement of samples of goods (results of the works, services) made and (or) realized in these objects and (or) placement (distribution) of outdoor advertizing about these goods (works, services), including about their means of individualization, except for the show-windows used for placement (distribution) of outdoor advertizing about gambling institutions, gamblings.

6. Plakatnitsa and other portable advertizing structures with area of advertizing field up to 1 sq.m placed outside roadside band (controlled area) of the highway, red lines of streets, roads or the areas of settlements at distance no more than 5 meters from buildings (constructions) in which the advertizing distributor performs activities or are implemented the advertized goods (works, services).

7. The means of outdoor advertizing in the territories of passenger terminals and the airports used for placement (distribution) of outdoor advertizing about these objects, their owners realized in these objects goods (works, services) and (or) their sellers (contractors), except for means of outdoor advertizing, placed by operators of outdoor advertizing.

8. The means of outdoor advertizing in the fenced territories of the plants and other production facilities used for placement (distribution) of outdoor advertizing about these objects, their owners made in these objects goods (works, services) and (or) their vendors (contractors), except for means of outdoor advertizing, placed by operators of outdoor advertizing or on outer sides of barriers of the territories of production facilities.

9. The means of outdoor advertizing in the fenced territories of the markets used for placement (distribution) of outdoor advertizing about the goods sold in these markets and (or) their sellers, except for the means of outdoor advertizing placed by operators of outdoor advertizing or on outer sides of barriers of the territories of the markets or having the area of advertizing field of 18 sq.m and more.

10. Means of outdoor advertizing in the fenced territories of open sports constructions, except for the means of outdoor advertizing placed by operators of outdoor advertizing, or on outer sides of barriers of the territories of open sports constructions, or on the building (construction) at the height more than 7 meters or more than 7 meters having support (except the flag advertizing structures).

11. The means of outdoor advertizing placed on buildings (constructions) of objects of roadside service, their territories, used for placement (distribution) of outdoor advertizing about these objects realized in them goods (works, services) and (or) their sellers (contractors).

12. The means of outdoor advertizing used for placement (distribution) of outdoor advertizing about cultural actions, exposures, placed by the organizations of culture on objects of cultural infrastructure or their territories.

13. The means of outdoor advertizing in the territories of parks and park zones used for placement (distribution) of outdoor advertizing about these parks and park zones located in such territories shopping facilities and other objects of servicing, goods (works, services) realized in these objects and (or) sellers (contractors), except for the means of outdoor advertizing placed by operators of outdoor advertizing.

14. The means of outdoor advertizing used for placement (distribution) of outdoor advertizing about the organizations conducting forestry, placed on lands of forest fund.

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