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LAW OF THE KYRGYZ REPUBLIC

of December 18, 2006 No. 206

About protection of ozone layer

(as amended on 29-03-2019)

Accepted by Jogorku Kenesh of the Kyrgyz Republic on October 19, 2006

This Law determines state policy of the Kyrgyz Republic and accomplishment of the international obligations in the field of environmental protection and is directed to protection and prevention of destruction of ozone layer, its recovery for the purpose of protection of health of the person and the environment against the adverse effects caused by destruction of ozone layer.

This Law governs the relations arising when implementing the activities connected with the treatment of ozone-depleting substances including the ozone-depleting substances containing in products.

Section 1 General provisions

Article 1. Basic concepts and their determinations

In this Law the following basic concepts and their determinations are used:

ozone layer - the layer of atmospheric ozone located in stratosphere which absorbs biologically dangerous solar ultra-violet radiation;

protection of ozone layer - system of the measures performed by state bodies, legal entities and physical persons on prevention of destruction of ozone layer and its recovery for the purpose of protection of health of the person and the environment against the adverse effects caused by destruction of ozone layer;

ozone-depleting substance - any chemical existing independently or in mix, specified in appendix 1 to the Vienna convention on protection of ozone layer of March 22, 1985 (further - the Vienna convention) and the list of substances in appendix A, In, With, E to the Montreal protocol on the substances destroying ozone layer of September 16, 1987 (further - the Montreal protocol);

ozone-safe substance - any chemical which reduces eliminates or warns adverse effect on ozone layer;

ozone-safe technologies - technologies which use allows to reduce or absolutely to eliminate emissions of ozone-depleting substances;

recirculation - processing of ozone-depleting substances for the purpose of their reuse;

the treatment of ozone-depleting substances - the production, purchase (sale), transportation, storage, import, export, utilization (neutralization), recirculation and other types of activity connected with use of ozone-depleting substances;

consumption of ozone-depleting substances - total quantity of the ozone-depleting substances made in the Kyrgyz Republic and imported from other states, except for the ozone-depleting substances exported to other states;

monitoring of ozone layer - system of observations of condition of ozone layer, and also assessment and forecasting of its changes;

supplies - goods:

necessary for ensuring normal operation and maintenance of ocean (river) ships, inland navigation vessels, river-marine vessels, submerged hydrofoil crafts, air-cushion vessels and small size vessels, including self-propelled and not self-propelled lash ships and barges (further - water vessels), aircrafts and trains along the line or in Items of intermediate stop or the parking, except for spare parts and the equipment;

intended for consumption by passengers and members of crews onboard water vessels, aircrafts or passengers and workers of crews of train in trains irrespective of, these supplies are on sale or not;

held for sale to passengers and members of crews of water vessels, aircrafts without consumption purpose of the specified supplies onboard these courts;

residual amount of ozone-depleting substances - total quantity of the ozone-depleting substances which are available in the Kyrgyz Republic after prohibition of their consumption according to the legislation of the Kyrgyz Republic.

Article 2. Legislation of the Kyrgyz Republic on protection of ozone layer

This Law regulates legal, economic and organizational basis of protection of ozone layer, and also public administration, supervision and control in the field of the treatment of ozone-depleting substances.

Article 3. The basic principles of state policy in the field of protection of ozone layer

State regulation of activities in the field of protection of ozone layer is performed by the Government of the Kyrgyz Republic, specially authorized state body on environmental protection, local public administrations within the competence, local government bodies within the delegated state powers.

The main objectives and the directions of state regulation of activities in the field of protection of ozone layer are:

legal, economic, organizational and technical supply of accomplishment of the Vienna convention, Montreal protocol and other international treaties of the Kyrgyz Republic on protection of ozone layer;

refining of lists of ozone-depleting substances and products containing ozone-depleting substances according to the changes accepted by the parties of the Montreal protocol and ratified by the Kyrgyz Republic;

introduction of restrictions and prohibitions on the treatment of ozone-depleting substances;

determination of procedure for the treatment of ozone-depleting substances in the Kyrgyz Republic;

licensing of the activities connected with the treatment of ozone-depleting substances;

organization of financing and material logistics of actions for protection of ozone layer;

ensuring control over observance by state bodies, legal entities and physical persons of the legislation of the Kyrgyz Republic on protection of ozone layer;

application of measures of responsibility (sanctions) for violation of the law of the Kyrgyz Republic about protection of ozone layer;

implementation of international cooperation for the purpose of exchange of information, developments and realization of the approved actions directed to protection of ozone layer;

providing open entry according to the legislation of the Kyrgyz Republic to information in the field of the treatment of ozone-depleting substances.

Section 2 of Power of state bodies in the field of protection of ozone layer

Article 4. Competence of the Government of the Kyrgyz Republic in protection of ozone layer

The government of the Kyrgyz Republic within the competence:

adopts the state target programs on protection of ozone layer;

determines specially authorized state body by environmental protection of the Kyrgyz Republic in the field of protection of ozone layer;

approves the List of the ozone-depleting substances limited or prohibited for consumption in the Kyrgyz Republic, determines their quantity and terms of reducing (termination) of consumption according to international treaties of the Kyrgyz Republic;

determines export procedure and import of ozone-depleting substances and (or) products containing ozone-depleting substances;

establishes the amount of payment for the export license or import of ozone-depleting substances and (or) products containing ozone-depleting substances;

provides carrying out single state policy in the field of protection of ozone layer;

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