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LAW OF THE KYRGYZ REPUBLIC

of May 25, 2007 No. 71

About state regulation and policy in the field of issue and absorption of greenhouse gases

(as amended of the Law of the Kyrgyz Republic of 06.07.2016 No. 99)

Accepted by Jogorku Kenesh of the Kyrgyz Republic on March 23, 2007

Chapter 1 General provisions

Article 1. Purposes of this Law

This Law determines bases of state regulation, procedure for activities, the right, obligation and responsibility of state bodies, local government bodies, physical persons and legal entities in the field of issue and absorption of greenhouse gases in the territory of the Kyrgyz Republic.

Article 2. Basic concepts and determinations

1. Concepts and the determinations of other industries of the legislation of the Kyrgyz Republic used in this Law are applied in that value in what they are used in these industries of the legislation if other is not provided by this Law.

2. In this Law the following concepts and determinations are used:

the basic line of the climatic project - the scenario reflecting dynamics of emission of greenhouse gases from subjects to emission of greenhouse gases in the absence of the climatic project;

the base year - year in which emissions of greenhouse gases are used for assessment of actions for accomplishment of obligations according to the Framework convention of the United Nations on climate change and the Kyoto protocol to the Framework convention of the United Nations on climate change;

validation (confirmation) - the actions for check of correctness of use of the corresponding techniques and procedure for carrying out inventory count, monitoring, calculations of the basic line, and also for preparation of the plan of monitoring and verification of reducing emission of greenhouse gases of climatic projects performed by the independent organization which got, in accordance with the established procedure, permission of specially authorized state body to such type of activity;

verification - actions for check of results of inventory count and monitoring of emission of greenhouse gases, and also the actual reducings emission of the greenhouse gases reached as a result of implementation of the climatic project, for the period the checks performed by the independent organization which got, in accordance with the established procedure, permission of specially authorized state body to such type of activity;

The state inventory of issue and absorption of greenhouse gases - the list of subjects to issue and absorption of greenhouse gases with indication of levels of issue and absorption of greenhouse gases reflecting in temporary dynamics of issue and absorption of greenhouse gases;

activities in the field of issue and absorption of greenhouse gases - the any kinds of activities performed by state bodies, local government bodies within the delegated state powers, non-profit organizations, other legal entities and physical persons, connected with issue and absorption of greenhouse gases including implementation of climatic projects;

unit of measure of number of emission of greenhouse gases - carbon dioxide ton;

climate change - the change of the statistical mode of atmospheric conditions characteristic of this place owing to its geographical location causing changes in structure of climatic system and which is imposed on the natural fluctuations of climate observed throughout comparable periods of time;

inventory count of emission of greenhouse gases - complex of actions for collection, generalization and the analysis of the relevant data, and also assessment, the calculation and/or measurement of level of the actual emissions of greenhouse gases which is carried out by the established techniques by specially authorized state body of which information on the level of the actual emissions of greenhouse gases for certain year with the acceptable level of reliability is result;

source of greenhouse gases - the property complex consisting of one or more subjects to industrial, agricultural or other function which functioning leads to emission of greenhouse gases;

source of absorption of greenhouse gases - the isolated unit of forestry or other object of the environment which existence leads to absorption of greenhouse gases;

quota for emissions of greenhouse gases - the allowed level of emission of greenhouse gases having effective period during which the owner of quota has right to perform the corresponding amount of emissions of greenhouse gases from the objects. The owner of quota can refuse use of the right on the terms of this Law;

climatic system - set of the atmosphere, the hydrosphere, biosphere and geosphere and their interaction;

the climatic project - complex of actions from which the reducing emission of greenhouse gases and/or increase in absorption of greenhouse gases verified (confirmed) and registered in accordance with the established procedure results;

conversion factors of amount of greenhouse gases - indicators for each greenhouse gas which allow to estimate force of influence of each of greenhouse gases on global climate in equivalent of units of measure of number of emission of the greenhouse gases established by the International group of experts on climate change;

monitoring of emission of greenhouse gases - observation of the actual emissions of greenhouse gases on quantitative and high-quality structure which is made on objects and subjects of emission of greenhouse gases, performed by the approved techniques;

the clean development mechanism - the mechanism of the Kyoto protocol directed to assistance to the countries which are not included in appendix I to the Framework convention of the United Nations on climate change in ensuring sustainable development and assistance to achievement of ultimate goal of the Framework convention on climate change and on assistance to the countries included in appendix I to the Framework convention of the United Nations on climate change in ensuring compliance with the quantitative obligations undertaken by them on restriction and reducing the emissions of greenhouse gases;

regulation of emission of greenhouse gases - establishment on the basis of inventory count of allowed level of quotas of emission of greenhouse gases;

turnover of quotas for emissions of greenhouse gases - transfer, concession, purchase and sale, pledge, exchange and other actions for alienation and/or acquisition of quotas for emissions of greenhouse gases, including:

- exchange turnover - turnover of quotas on the principles of stock exchange trading;

- internal turnover - turnover of quotas in one legal entity between internal subjects of emission of greenhouse gases or between the dependent legal entities having general allowed level of emission of greenhouse gases and representing the consolidated statements on the level of emission of greenhouse gases;

- national turnover - turnover of quotas between residents of the Kyrgyz Republic - business entities in its territory;

the accounting period on respect for allowed level of emission of greenhouse gases - legislatively certain period of time for which the allowed level of emission of greenhouse gases is established is provided the corresponding amount of quotas for emissions of greenhouse gases and their cumulative value is determined;

greenhouse gases - such gaseous components of the atmosphere which absorb and pereizluchat infrared radiation;

absorber of greenhouse gases - any process, type of activity or the mechanism which absorbs greenhouse gases from the atmosphere;

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