RESOLUTION OF THE CABINET OF MINISTERS OF THE AZERBAIJAN REPUBLIC

of February 15, 2003 No. 26

About approval of "Classification of types of information on the environment limited to obtaining" and to "Classification of public authorities in which the address or request of information on the environment which is rather limited to obtaining is sent"

For the purpose of ensuring execution of the Presidential decree of the Azerbaijan Republic "About application of the Law of the Azerbaijan Republic "About receipt of information on the environment" of April 18, 2002 the No. 689 Cabinet of Ministers of the Azerbaijan Republic decides:

1. Approve "Classification of types of information on the environment limited to obtaining" and "Classification of public authorities in which the address or request of information on the environment which is rather limited to obtaining is sent" (are applied).

2. This resolution becomes effective from the date of signing.

Approved by the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of February 15, 2003 No. 26

Classification of types of information on the environment limited to obtaining

1. General provisions

1.1. This Classification is prepared for the purpose of ensuring execution of the Presidential decree of the Azerbaijan Republic "About application of the Law of the Azerbaijan Republic "About receipt of information on the environment" of April 18, 2002 No. 689 and determines classification of types of information on the environment limited to obtaining.

1.2. Types of information on the environment limited to obtaining are classified depending on their essence and the sphere which concern, as follows:

* information on the environment limited to obtaining in connection with implementation of activities by public authorities and local self-government;

* information on the environment limited to obtaining in connection with activities of physical persons and legal entities;

* information on the environment limited to obtaining in connection with ensuring environmental protection.

1.3. The information on the environment limited to obtaining carried to the state secret is regulated by the Law of the Azerbaijan Republic "About the state secret".

2. Information on the environment limited to obtaining in connection with implementation of activities by public authorities and local self-government

Public authorities and local self-government can limit receipt of information on the environment in cases when it can negatively affect implementation of the activities by them, namely:

2.1. if it concerns internal correspondence of public authorities and local self-government and confidentiality of their activities;

2.2. if it is connected with safety issues of the state;

2.3. if she refers to confidential materials of public authorities concerning international backgrounds, defenses of the country;

2.4. if it concerns the questions considered in judicial authorities or which are at stage of pretrial investigation.

3. Information on the environment limited to obtaining in connection with activities of physical persons and legal entities

Public authorities and local self-government can limit receipt of information on the environment provided to them in connection with the activities of physical persons and legal entities and capable to negatively affect in activities of these persons on the following:

3.1. on confidentiality of the data of commercial and industrial nature received from physical persons and legal entities, for the purpose of protection of legitimate economic interests of these persons (at the same time data on the waste which is formed owing to activities of the entrepreneur cannot be carried to trade secret);

3.2. on intellectual property rights;

3.3. on the personal information concerning physical persons and on confidentiality of archives (if the corresponding person did not agree to disclosure of these data).

4. Information on the environment limited to obtaining in connection with ensuring environmental protection

Public authorities for the purpose of environmental protection can limit receipt of the following information on the environment:

4.1. data which disclosure creates to the environment or can do much harm to its components;

4.2. the data specifying places of reproduction of rare species of flora and fauna in the territory of the Azerbaijan Republic in its internal waters and in the sector of the Caspian Sea (lake) belonging to the Azerbaijan Republic, including in specially protected natural territories;

4.3. data on forecasting of earthquakes in the territory of the Azerbaijan Republic;

4.4. data on the geological studying of subsoil which is carried out by request;

4.5. data on summary cartograms of geological studying of subsoil;

4.6. data and the specified initial data on the materials which are on final, preparatory stage.

Approved by the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of February 15, 2003 No. 26

Classification of public authorities in which the address or request of information on the environment which is rather limited to obtaining is sent

1. General provisions

1.1. This Classification is prepared in pursuance of the Presidential decree of the Azerbaijan Republic "About application of the Law of the Azerbaijan Republic "About receipt of information on the environment" of April 18, 2002 No. 689 and determines classification of public authorities in which the address or request of information on the environment which is rather limited to obtaining is sent.

1.2. Public authorities in which the address or request of information on the environment which is rather limited to obtaining is sent according to the types of such information located by them are classified as follows:

* public authorities in which the address or request concerning information on the environment limited to obtaining in connection with activities of public authorities and local self-government, physical persons and legal entities is sent;

* public authorities in which the address or request concerning information on the environment limited to obtaining in connection with ensuring public health care and environmental protection with activities of physical persons and legal entities is sent.

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