LAW OF TURKMENISTAN

of August 15, 2009 No. 53-IV

About protection of ozone layer

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

Chapter I. General provisions

Article 1. Basic concepts

In this Law the following basic concepts are used:

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

- 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, export, import, 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 Turkmenistan 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;

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

Article 2. Legislation of Turkmenistan on protection of ozone layer

1. The legislation of Turkmenistan on protection of ozone layer is based on the Constitution of Turkmenistan and consists of this Law and other regulatory legal acts of Turkmenistan.

2. If the international treaty of Turkmenistan establishes other rules than containing in this Law, then rules of the international treaty are applied.

Chapter II. Competence of state bodies in protection of ozone layer

Article 3. State regulation of activities in the field of protection of ozone layer

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

1) legal, economic, organizational and technical supply of accomplishment of the Vienna convention, Montreal protocol and other international treaties and agreements of Turkmenistan on protection of ozone layer;

2) 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 Turkmenistan;

3) introduction of restrictions and prohibitions on the treatment of ozone-depleting substances and products containing them;

4) determination of procedure for the treatment of ozone-depleting substances in Turkmenistan;

5) licensing of the activities connected with export, import and production of ozone-depleting substances and (or) products containing ozone-depleting substances;

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

7) ensuring control of observance by state bodies, legal entities and physical persons of the legislation of Turkmenistan on protection of ozone layer;

8) application of measures of responsibility for violation of the legislation of Turkmenistan on protection of ozone layer;

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

10) providing open entry to information in the field of the treatment of ozone-depleting substances according to the legislation of Turkmenistan.

2. State regulation of activities in the field of protection of ozone layer is performed by the Cabinet of Ministers of Turkmenistan, authorized state body on protection of ozone layer, local executive bodies and local government bodies within their competence determined by this Law.

Article 4. Competence of the Cabinet of Ministers of Turkmenistan in protection of ozone layer

Cabinet of Ministers of Turkmenistan:

1) adopts state programs on protection of ozone layer;

2) is determined by quantity and terms of reducing (termination) of consumption of ozone-depleting substances according to international treaties of Turkmenistan;

3) is determined by procedure for licensing of entrepreneurial legal entities, irrespective of their patterns of ownership, and individual entrepreneurs whose activities are connected with export, import and production of ozone-depleting substances and (or) products containing ozone-depleting substances;

4) sets restrictions for consumption of ozone-depleting substances according to international treaties of Turkmenistan;

5) is established by the amount of payment for the export license, import and production of ozone-depleting substances and (or) products containing ozone-depleting substances;

6) performs other powers in the field of protection of ozone layer according to the legislation of Turkmenistan.

Article 5. Competence of authorized body of the executive authority in conservation

Authorized state body on protection of ozone layer:

Will organize 1) and coordinates development and accomplishment of state programs on protection of ozone layer;

1-1) in coordination with the relevant state bodies constitutes and approves the List of ozone-depleting substances which consumption is limited or it is forbidden in Turkmenistan;

2) in the presence of the license, except as specified, stipulated by the legislation Turkmenistan, issues one-time import permits and import of ozone-depleting substances and (or) products containing ozone-depleting substances;

3) exercises the state control of protection of ozone layer, including of consumption of ozone-depleting substances, and also control of development and accomplishment of actions for timely collection and storage of residual amount of ozone-depleting substances for the purpose of recirculation or utilization;

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