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LAW OF THE KYRGYZ REPUBLIC

of May 8, 2009 No. 151

The general Technical regulation on providing ecological safety in the Kyrgyz Republic

(as amended on 08-07-2019)

Accepted by Jogorku Kenesh of the Kyrgyz Republic on March 12, 2009

Chapter 1 General provisions

Article 1. Scope of this general technical regulation

This Law (further - the technical regulation), according to the Law of the Kyrgyz Republic "About bases of technical regulation in the Kyrgyz Republic" is applied for the purpose of environmental protection, determines basic provisions of technical regulation in the field of ecological safety and establishes general requirements to providing ecological safety when designing and implementing activities on objects of economic and other activity for production processes, storage, transportation and utilization of products.

Requirements of this technical regulation act on the territory of the Kyrgyz Republic concerning production processes, storage, transportation and utilization of products and are obligatory for all legal entities and physical persons performing production processes, storages, transportations and utilizations of products.

Article 2. Basic concepts

For the purposes of this technical regulation the following basic concepts are used:

the state environmental control - the form of assessment of conformity to requirements of ecological safety performed by means of researches, measurements and registration of results by the relevant state bodies;

pollutant - substance which in case of hit to the environment in case of certain concentration creates health hazard of the person, to condition of plant and animal life, material and cultural values;

zone of influence of object of economic and other activity - the site terrestrial and/or surface of the water, and also the atmosphere within which change of standard rates of quality of the environment and/or its components from activities of object of economic and other activity is noted;

category of danger - the ranged assessment of degree of negative impact on state of environment as a result of economic and other activity;

environment components - the earth, subsoil, soils, surface and underground water, atmospheric air, vegetable, fauna and other organisms, and also ozone layer of the atmosphere and the near-earth space providing in total favorable conditions for existence of life on Earth;

negative impact on the environment - impact of economic and other activity which effects lead to environmental pollution, degradation of natural ecosystems, depletion of natural resources;

providing ecological safety - system of the measures and actions directed to exception of risk of damnification to the environment, health and property of citizens;

object of economic and other activity - technical object on which are performed one or more types of activity on production, storage, transportation, utilization of products, production wastes and consumption, technically integrated with the activities performed on this object;

the environment - the habitat of the person, the biosphere which is condition, means and the place of human life and other live organisms; includes the nature as system of natural ecological systems and that part of natural environment which is transformed as a result of activities of the person;

natural landscape - the territory which did not undergo to change in result of economic and other activity and characterized by combination of certain types of land relief, the soils, vegetation created in uniform climatic conditions;

natural resources - environment components, natural objects and natural and anthropogenous objects which are used or can be used in the course of economic and other activity;

the subject of economic and other activity - physical person or legal entity which operates object or manages object, or person to whom decisive economic powers concerning technical functioning of object are delegated;

requirements of ecological safety - the requirements, obligatory for execution, established for the purpose of protection against the risks arising in the course of economic and other activity and also requirements, obligatory for execution, and procedures established for the purpose of prevention of harm to the environment or health of the person;

technology - set of methods of processing, production, change of properties, forms of raw materials, the materials or semifinished products applied in production process to receipt of finished goods;

economic and other activity - production processes, storages, transportations, realization, operation, utilization, work or service;

ecological supervision - activities of specially authorized state body in the field of environmental protection on check of observance of requirements of technical regulations in the field of ecological safety;

ecological effects - change of state of environment or health of the person as a result of economic and other activity;

ecological system - system of interaction and interrelations of community of live organisms with surrounding inanimate nature.

Article 3. The legal basis of technical regulation in the field of ecological safety

2. The provisions of legislative and other regulatory legal acts of the Kyrgyz Republic concerning scope of this technical regulation behind observance of requirements of ecological safety are applied in the part which is not contradicting this technical regulation.

Article 4. Technical regulation in the field of ecological safety

Technical regulation in the field of ecological safety represents the established requirements of ecological safety in this technical regulation and in special technical regulations.

Article 5. Subjects to regulation

Subjects to regulation of this technical regulation are production processes which are applied or will be applied on objects of economic or other activity for which is established the category of danger or to the planned activities of which the environmental impact assessment, and also processes of storage, transportation and utilization of products is required.

Article 6. The principles of technical regulation in the field of ecological safety

Technical regulation in the field of ecological safety is performed according to the following principles:

1) obligation of conducting the state environmental assessment and environmental impact assessment before decision making on implementation of economic and other activity;

2) admissibility of the established level of impact of economic and other activity on the environment, proceeding from the requirements of ecological safety established present and other technical regulations;

3) ensuring decrease in negative impact of production processes of economic and other activity on the environment by use of the best available technologies taking into account economic and social factors, rational use of natural resources;

4) prohibition of functioning of production processes of economic and other activity which effects are unpredictable for the environment, and also project implementations which can result in negative impact on the environment;

5) priority of preserving natural ecological systems;

6) principle of openness: publicity during the planning, start of production processes of the economic and other activity having ecological effects, close connection with public organizations and the population, encouragement and stimulation of the measures directed to protection and rational use of natural resources.

Chapter 2 of the Basis of providing ecological safety

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