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LAW OF UKRAINE

of September 20, 2022 No. 2614-IX

About the National register of emissions and transfer of pollutants

This Law determines legal and organizational basis of creation and functioning of the National register of emissions and transfer of pollutants for the purpose of ensuring access of the public to the complete, approved and reliable data about emissions and transfer of pollutants and waste.

Section I. General provisions

Article 1. Determination of terms

1. In this Law the stated below terms are used in such value:

1) emission - hit of pollutants to the environment as a result of anthropogenous activities, including above-standard, volley emissions, including passages, downloading, removal, including burial, placement in dumps of waste, dumping into water objects or dumping through systems of the sewerage without final purification of returnable (waste) waters;

2) source of emissions - physical object from which emission of pollutants in atmospheric air, waters or the earth can be performed;

3) diffusion sources - small or scattered sources of emissions, including portable sources from which emission of pollutants in atmospheric air, waters or the earth which in total have significant effect on the environment can be performed and for which it is inexpedient to constitute and submit the reporting under source;

4) the certificate of diffusion sources - the document containing the data necessary for scoping of the emissions performed by diffusion sources in reporting year;

5) the permitted techniques - measurement technique or calculations of amounts of pollutants and waste in emissions and transferring of pollutants and waste, determined by regulatory legal acts or regulating documents on which there are corresponding references in the regulatory legal acts used by operators during creation of the report of operator and authorized body - for scoping of emissions which are performed by diffusion sources;

6) pollutant - pollutant or group of substances which because of the properties can have negative impact on the environment or health of the person as a result of their hit to the environment;

7) volley emission - the emission provided by production process which quantitatively and qualitatively exceeds in two or more times of size of emissions established in case of normal conducting production process which duration meets the standards provided by the documents regulating the corresponding production process;

8) the attracted body - executive body which according to this Law shall constitute and submit the certificate of diffusion sources to authorized body;

9) the report of authorized body - the report on emissions and transfer of pollutants and waste in reporting year which is constituted and published by authorized body;

10) the report of operator - the report on emissions and transfer of pollutants and waste in reporting year which is constituted and moves in authorized body the operator of rather corresponding object in the cases provided by this Law;

11) accounting year - calendar year for which data on emissions and transfer of pollutants and waste shall be collected;

12) monitoring body - the central executive body realizing state policy on implementation of the state supervision (control) in the field of environmental protection, rational use, reproduction and protection of natural resources;

13) the National register of emissions and transfer of pollutants (further - the Register) - single state information and communication system of data which provides creation, collection, accumulating, protection, accounting, display, processing and provision of data on emissions and transfer of pollutants and waste;

14) unorganized stationary source of emission - source of emission from which pollutants get to the environment in the form of the nondirectional flows and which is not equipped with special constructions for withdrawal of emissions;

15) object - one or several installations on which it is performed one or more types of activity according to the list of the types of activity determined by appendix 1 to this Law, located on one industrial platform and operated by one operator;

16) the operator - the subject of managing performing technical operation of the object belonging to it on the property right or other corporeal right;

17) the list of types of activity - types of activity with indication of threshold values of their capacities to which operation of this Law extends and which are determined by appendix 1 to this Law;

18) the list of pollutants - the list of pollutants and threshold amounts of emissions of such substances in case of which exceeding as a result of production on object of one or more types of activity determined by the list of types of activity, the operator shall constitute and submit the report of operator. The list of pollutants is determined by appendix 2 to this Law;

19) transfer of pollutants and waste - movement out of limits of the industrial platform of the pollutants containing in the returnable (waste) waters intended for the cleaning and waste intended for recovery or removal;

20) portable source - the vehicle which movement is followed by emissions;

21) confirmatory documentation - the documents containing or from which the data included in the report of operator are obtained;

22) the industrial platform - part of the land surface with certain location (geographical coordinates) on which object is located;

23) registration action - state registration of object in the Register, modification of records of the Register, cancellation of state registration of object in the Register;

24) authorized body - the central executive body providing forming and realizing state policy in the field of protection of the surrounding environment;

25) installation - stationary technical unit on which it is performed one or more types of activity determined by the list of types of activity and other directly connected types of activity within the same industrial platform which have technical communication with the activities determined by the list of types of activity and can influence emissions and transfer of pollutants and waste.

2. The term "public" is used in this Law in the value given in the Law of Ukraine "About environmental impact assessment".

The terms "waste", "dangerous wastes", "waste disposal", "recovery of waste" are used in this Law in the values given in the Law of Ukraine "About waste management".

The terms "administrator of the register", "holder of the register", "user of register information", "public registrar", "register information", "register data", "creator of register information" are used in this Law in the values given in the Law of Ukraine "About public electronic registers".

Terms of "water", "waste water", "the return water" are used in this Law in the values given in the Water code of Ukraine.

The term "mother companies" is used in this Law in the value given in the Tax code of Ukraine.

Article 2. Law coverage

1. This Law governs the relations connected with creation and functioning of the Register, registration of objects, creation and submission to authorized body of reports of operators, certificates of diffusion sources, entering of data on emissions and transfer of pollutants and waste into the Register concerning objects, the dispersed sources located in Ukraine (further - registration of emissions and transfer of pollutants and waste).

2. Operation of this Law does not extend to emissions and transfer of radioactive materials and to transfer of radioactive waste.

Article 3. The legislation in the field of registration of emissions and transfer of pollutants and waste

1. The relations arising in the field of registration of emissions and transfer of pollutants and waste are regulated by the Constitution of Ukraine, this Law, other regulatory legal acts governing the relations in the specified sphere and international treaties of Ukraine which consent to be bound is provided by the Verkhovna Rada of Ukraine.

2. If the international treaty of Ukraine which consent to be bound is provided by the Verkhovna Rada of Ukraine establishes other rules, than those that are provided by this Law, regulations of the corresponding international treaty are applied.

Article 4. Basic principles of registration of emissions and transfer of pollutants and waste, and also basic principles of functioning of the Register

1. The basic principles of the activities connected with registration of emissions and transfer of pollutants and waste, and also functioning of the Register is:

1) legality;

2) use of information providing completeness, accuracy, comparability, coordination and accuracy of the data, the operators who are subject to inclusion in reports, certificates of diffusion sources and to entering into the Register;

3) integration of the Register with other information, information and communication systems, databases in the field of environmental protection;

4) continuous improvement of process of registration of emissions and transfer of pollutants and waste and process of functioning of the Register;

5) ensuring participation of the public in processes of creation and enhancement of functioning of the Register, and also open entry of the public to the Register, reports of operators, certificates of diffusion sources, reports of authorized body.

Section II. Public administration in the field of registration of emissions and transfer of pollutants and waste

Article 5. The subjects exercising public administration in the field of registration of emissions and transfer of pollutants and waste

1. Public administration in the field of registration of emissions and transfer of pollutants and waste is performed:

1) Cabinet of Ministers of Ukraine;

2) authorized body;

3) monitoring body.

Article 6. Powers of the Cabinet of Ministers of Ukraine in the field of registration of emissions and transfer of pollutants and waste

1. In the field of registration of emissions and transfer of pollutants and waste belongs to powers of the Cabinet of Ministers of Ukraine:

1) approval of requirements to the report of authorized body, procedure for creation and promulgation of such report;

2) approval of procedure for maintaining register;

3) implementation of other powers determined by the law.

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