ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of May 7, 2014 No. 248

About approval of the Regulations on procedure for conducting the state environmental assessment in the Kyrgyz Republic

According to the laws of the Kyrgyz Republic "About environmental protection", "About environmental assessment", the Government of the Kyrgyz Republic decides "The general technical regulation on providing ecological safety in the Kyrgyz Republic":

1. Approve the enclosed Regulations on procedure for conducting the state environmental assessment in the Kyrgyz Republic.

2. To the state agency of environmental protection and forestry under the Government of the Kyrgyz Republic:

- be guided by the Regulations on procedure for conducting the state environmental assessment in the Kyrgyz Republic approved by Item 1 of this resolution;

- bring the decisions into accord with this resolution;

- take other measures following from this resolution.

3. This resolution becomes effective from the date of official publication.

4. To impose control of execution of this resolution on department of development of agro-industrial complex and ecology of Government office of the Kyrgyz Republic.

Approved by the Order of the Government of the Kyrgyz Republic of May 7, 2014 No. 248

Regulations on procedure for conducting the state environmental assessment in the Kyrgyz Republic

1. General provisions

1. The regulations on procedure for conducting the state environmental assessment in the Kyrgyz Republic (further - the Provision) establish procedure for the organization and conducting the state environmental assessment.

2. This Provision is intended for use of commission of experts of the state environmental assessment of authorized state body by experts in environmental protection.

2. Basic concepts

3. In this Provision the following basic concepts are applied:

alternatives - different options of achievement of main objective and need of the offered activities (the project or the program);

the state environmental assessment - type of the environmental assessment performed by authorized state body on environmental protection for the purpose of determination of level of environmental risk and danger of the planned decisions which realization directly or indirectly can exert impact on state of environment and natural resources;

documentation on environmental impact assessment (further - EIA) the set of documents prepared as a result of carrying out EIA of the planned economic and other activity;

consultations with the public - complex of the events held within EIA, directed to informing the public on the planned activities, detection of preferences, determination of all aspects of possible impact of the this activities on the environment for the purpose of receipt of the most objective information and accounting of public opinion in the course of impact assessment;

the best existing available technology - the technology based on the last achievements of science and technology, directed to decrease in negative impact on the environment and having fixed term of practical application taking into account economic and social factors;

cross-border impact - any impact, not only global nature, in the area which is under jurisdiction of this or that Party, caused by the planned activities which physical source is located within the area falling under jurisdiction of other Party according to the Law of the Kyrgyz Republic "About accession of the Kyrgyz Republic to the Convention of the Economic Commission for Europe of the UN on environmental impact assessment in cross-border context";

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.

3. Objects of the state environmental assessment

4. Objects of environmental assessment are:

1) projects of regulatory legal acts, the normative and technical, instructive-methodological and other documents regulating economic and other activity;

2) the materials preceding project development of development and placement of productive forces in the territory of the Kyrgyz Republic including:

- drafts of the investing, comprehensive and target social and economic, scientific and technical and other state programs connected with environmental management;

- drafts of master plans of development of the territories, including free economic zones and territories with specific mode of environmental management;

- drafts of schemes of development of industries;

- drafts of the state complex schemes of conservation and use of water, forest, land and other natural resources, including projects of ecological rehabilitation of the territories and recultivation of lands;

3) feasibility statements and construction projects, reconstruction, expansions, modernization, preservation and liquidation of objects, other projects, irrespective of their estimated cost, departmental accessory and patterns of ownership which realization can make impact on the environment;

4) feasibility statements and projects of economic activity of the adjacent states which implementation requires use of general with the adjacent states of natural objects (resources);

5) drafts of the international treaties, contracts and agreements connected with environmental management;

6) technical documentation on the new equipment, technology, on materials, substances, the certified goods and services including which are purchased abroad;

7) the materials of comprehensive ecological examination of sites of the territories proving giving to these territories of legal status of especially protected natural territories, zones of ecological catastrophe or zones of emergency ecological situation, and also the program of rehabilitation of these territories;

8) the materials proving issue of licenses, permissions and certificates on implementation of the activities capable to make impact on the environment, including import, export of products and natural resources;

9) the materials characterizing ecological condition of certain regions, places and objects;

10) the agreements, contracts, agreements concerning change of patterns of ownership of the companies making negative impact on the environment;

11) other types of documentation proving economic and other activity.

5. Objects of the state environmental assessment pass repeated state environmental assessment in the following cases:

1) completions of object of the state environmental assessment according to notes of the carried-out earlier state environmental assessment;

2) entering into project and other documentation of changes after receipt of the positive conclusion of the state environmental assessment;

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