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RESOLUTION OF THE CABINET OF MINISTERS OF THE REPUBLIC OF UZBEKISTAN

of October 20, 2014 No. 290

About settlement of use of biological resources and about procedure for passing of allowing procedures in the field of environmental management

(as amended on 26-12-2020)

According to the Law of the Republic of Uzbekistan "About allowing procedures in the field of business activity" and for the purpose of strengthening of measures for streamlining of use of objects of animal and flora of Uzbekistan the Cabinet of Ministers decides:

1. Approve:  

Regulations on procedure for use of objects of flora and passing of allowing procedures in the field of use of flora objects according to appendix No. 1;

Regulations on procedure for use of objects of fauna and passing of allowing procedures in the field of use of fauna objects according to appendix No. 2;

Regulations on procedure for passing of allowing procedures in the field of international trade in the types of wild fauna and flora which are under the threat of disappearance (C1TES) in the territory of the Republic of Uzbekistan according to appendix No. 3;

Regulations on procedure for distribution of the means received as payment for use of objects of animal and flora, the penal amounts, and the amounts collected from violators of the nature protection legislation for the caused damage according to appendix No. 4.

2. To the state committee of the Republic of Uzbekistan on ecology and environmental protection together with the interested ministries and departments in a month:

bring the regulatory legal acts adopted by them into accord with this resolution;

provide the organization and holding actions for extended coverage of the purposes, content and the practical importance of this resolution among subjects of entrepreneurship.

3. Recognize invalid some decisions of the Government of the Republic of Uzbekistan according to appendix No. 5.

4. To impose control of execution of this resolution on Information analysis department concerning agricultural and water economy, conversion of agricultural products and consumer goods of the Cabinet of Ministers of the Republic of Uzbekistan.

Prime Minister of the Republic of Uzbekistan

Shavkat Mirziyoev

Appendix №1

to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of October 20, 2014 No. 290

Regulations on procedure for use of objects of flora and passing of allowing procedures in the field of use of flora objects

I. General provisions

1. This Provision is developed according to the laws of the Republic of Uzbekistan "About protection and use of flora", "About allowing procedures in the field of business activity" and determines procedure for use of objects of flora, and also passing of allowing procedures in the field of use of flora objects.

Features of use of flora objects in the state forest fund are determined by other acts of the legislation.

Action of this provision does not extend concerning the objects of flora which are grown up in nurseries on plantations, personal, private garden and seasonal dachas.

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

quota - legislatively established regulation of collection and procurement of officinal, food and technical plants;

botanical collection - the arranged set of seeds, flowers, fruits, bulbs, roots, leaves, the herbariums preserved and live plants;

tame plants - wild-growing plants which are under partial control of the person performing limited care of them, cultivation and processing with certain material and labor costs on lands of nurseries and plantations in the conditions minimum different from natural conditions of their growth;

waste products - seeds, flowers, fruits, leaves, stalks, roots, bulbs, juice (pitch);

plantations, nurseries - the territory which is under constant control of the person, used for reproduction of plants from seeds, roots, bulbs, mycelium, shanks;

authorized bodies - state bodies and other organizations to which acts of the legislation assign functions on issue to subjects of entrepreneurship of documents of allowing nature;

the document of allowing nature - the decision made and issued to the user of nature by authorized body, granting the right to making of actions and (or) implementation of certain type of activity in the form of permission, approvals, the conclusions, and also in other forms, stipulated by the legislation.

3. Objects of flora are:

wild-growing organisms - wood, shrubby and grassy seed plants, pteridophytes, Bryophyta, seaweed, lichens and mushrooms in all their specific variety;

the natural vegetable communities formed by wild-growing organisms or any their set;

the rare and being under the threat of disappearance types of plants;

parts of plants or waste products of wild-growing plants.

Parts of plants are trunks, bark, branches, stalks, roots, buds, flowers, seeds, fruits, leaves, bulbs and juice (pitch).

II. Use of flora objects

4. Types of use of objects of flora are:

a) procurement of wild-growing fodder products for needs of livestock production;

b) cattle pasture;

c) use of flora objects for needs of hunting economy;

d) procurement of wild-growing vegetable technical raw materials;

e) procurement (collection) of wild-growing vegetable medicinal raw materials;

e) procurement (collection) of wild-growing plants for the food purposes;

g) the cabin of wood and shrubby plantings (according to the procedure of carrying out the sanitary cabins and cabins connected with safety of citizens and also with construction of buildings, constructions and communications);

h) use of flora objects in the research purposes;

i) use of flora objects in the cultural and educational, educational, improving, recreational and esthetic purposes;

j) use of flora objects in the nature protection purposes;

k) use of flora objects for the purpose of collecting.

By the legislation also other types of use of flora objects can be provided.

5. Use of objects of flora can be general and special.

6. General use by objects of flora is performed by physical persons for satisfaction of vital needs for the types provided in subitems "g", "d", "e", "i" of item 4 of this provision.

7. General use by objects of flora is performed free of charge in the sizes limited to vital needs of the user.

Regulations and procedure for general use are determined by public authorities on places in coordination with the State committee of the Republic of Uzbekistan on ecology and environmental protection (further - Goskomgeologiya).

8. Special use of objects of flora is performed on Goskomgeologiya's permissions issued for a fee according to appendices 1 and 2 to this Provision.

9. The amount of payments for permissions to procurement of wild-growing fodder products for needs of livestock production and for pasture of the cattle is established by public authorities on places, taking into account category of lands and productivity of pasturable (haying) grounds.

For procurement (collection) of the plants which are grown up on plantations and in nurseries, the payment is not levied.

10. Privileges on procurement (collection) of wild-growing plants are provided to legal entities and physical persons in type:

releases from receipt of permission to special use of flora objects in case of procurement (collection) of glycyrrhiza naked on lands of agricultural purpose on condition of procurement (collection) of glycyrrhiza naked in obligation fulfillment under contracts of delivery with the overworking organizations of the Republic of Uzbekistan making extract of root of glycyrrhiza naked;

decrease in payment for procurement (collection) in the amount of:

50% of the established payments - on condition of production of extract from wild-growing plants or availability of contracts with the overworking organizations of the Republic of Uzbekistan making extract on delivery of the wild-growing plants in the form of raw materials (except glycyrrhiza naked) which are not entering the Red List and included in the list of wild-growing plants;

50% of the established payments - on condition of production of finished pharmaceutical goods in the territories of free economic zones Nukus-pharm, Zomin-pharm, Kosonsoy-pharm, Sirdaryo-pharm, Boysun-pharm, Bustonlik-pharm and Parkent-pharm with use of the wild-growing plants (except glycyrrhiza naked) which are not entering the Red List of the Republic of Uzbekistan and the signed contracts with the members of the specified free economic zones making finished pharmaceutical goods from wild-growing plants included in the list of wild-growing plants or availability at them

90% of the established payments for landing material (seeds, shanks) for creation of plantations;

90% of the established payments - on condition of procurement (collection) of glycyrrhiza naked on lands, agricultural purpose, and availability of contracts, other than lands, with the overworking organizations of the Republic of Uzbekistan making extract of root of glycyrrhiza naked on delivery of glycyrrhiza naked in the form of raw materials.

The list of wild-growing plants, and also amounts of procurements (charges) on the republic annually affirm Goskomgeologiya of the Republic of Uzbekistan based on the conclusion of Academy of Sciences of the Republic of Uzbekistan and requests, the overworking organizations of the Republic of Uzbekistan making extract  and ready pharmaceutical produktion from wild-growing plants.

The overworking organizations of the Republic of Uzbekistan making extract and finished pharmaceutical goods from wild-growing plants represent copies of delivery agreements to territorial subdivisions of Goskomgeologiya of the Republic of Uzbekistan on the territory in which procurement (collection) of wild-growing plants is made for conducting the corresponding accounting.

10-1. The payment for procurement (collection) of glycyrrhiza naked on which the privilege in the form of release from receipt of permission to special use of flora objects is provided to legal entities and physical persons is paid by the overworking organizations of the Republic of Uzbekistan (without receipt of permission) which are making extract of root of glycyrrhiza naked signed with legal entities and physical persons delivery agreements of glycyrrhiza naked in the form of raw materials in the amount of 3 percent from the established payments.

11. Special use of objects of flora is performed within the approved quotas.

Quotas for procurement of wild-growing types of officinal and food plants and vegetable technical raw materials annually affirm Goskomgeologiya in coordination with Academy of Sciences of the Republic of Uzbekistan.

Quotas for procurement (collection) of wild-growing types of officinal and food plants and vegetable technical raw materials for the next year are created based on the applications of users of nature submitted by them to the period from December 1 to December 30 the current year and sent for approval in Academy of Sciences of the Republic of Uzbekistan. The additional quota for procurement (collection) can be allocated according to the request of priropolzovatel in case of the positive conclusion of Academy of Sciences of the Republic of Uzbekistan about the available inventories of these types of plants during the period from April 1 to May 30 the current year.

Permission to collection (procurement) and export of endangered rare species of herbs of natural origin is issued with condition of creation of natural plantations of at least 50 percent of the allocated quota.

Regulations and terms of mowing and pasture of the cattle on natural haying and pasturable grounds affirm public authorities on places on representations of the relevant state bodies of agricultural industry, and also forestry.

The approved quotas, and also regulations and terms of mowing and pasture of the cattle are led up Goskomgeologiya to territorial committees on conservation during the first quarter of year, and also to users flora objects according to their requests.

12. Introduction of payment for special use of flora does not exempt users from accomplishment of actions for protection of wild-growing plants and places of their growth, from holding reproduction and biotechnical actions. Use of flora in the protected natural territories is performed according to their mode.

13. Ceased to be valid according to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of 31.03.2018 No. 255

14. The cabin dead standing and the drying-up trees and bushes which are strongly damaged by natural wreckers and diseases is carried out according to the decision of public authorities on places approved with territorial committees on conservation without special permission.

15. The following categories of wood and shrubby plantings do not belong to the state forest fund:

trees and groups of trees, windbreak forest fields, and also other wood and shrubby vegetation which are planted around lands of agricultural purpose;

protective plantings on strips of branch iron and highways, canals and other water objects which are on lands of the state inventory;

the trees which are in the territory of organizations and the organizations and also greening plantings in the cities and other settlements;

the trees performing the water preserving and antierosion functions, forests, which are not located in the territory of forest fund, the city woods, the woods of green zones around the cities and settlements, the woods, having the scientific or historical value, forest parks, other woods which are important wood and shrubby plantings of settlements, and also other wood and shrubby vegetation.

III. Procedure for passing of allowing procedures in the field of use of flora objects

General provisions

16. Permissions to making of actions and (or) implementation of certain activities in the field of use of objects of flora are issued by the relevant authorized bodies according to the scheme according to appendix 4 to this Provision.

17. Permissions to use of the flora objects including included in the Red List of the Republic of Uzbekistan are issued within the quotas established the current year.

This requirement does not belong to the import permit and export of samples of types of the plants logging into applications I, II and III of the Convention on international trade in the types of wild fauna and flora which are under the threat of disappearance (CITES).

18. Permissions to use of objects of flora are issued by the following authorized bodies:

State committee of the Republic of Uzbekistan on ecology and environmental protection:

on procurement (collection)/withdrawal from the environment of types of the plants which are not included in the Red List in all territory of the Republic of Uzbekistan;

on withdrawal from the environment of the rare and being under the threat of disappearance types of the plants included in the Red List of the Republic of Uzbekistan;

on import and export of wild-growing plants, their parts.

for mowing and pasture of the cattle;

Goskomgeologiya approves cabins of the wood and shrubby plantings which are not entering into forest fund;

The state committee of the Republic of Uzbekistan on forestry on lands of the state forest fund:

on procurement (collection)/withdrawal from the environment of types of the plants which are not included in the Red List of the Republic of Uzbekistan in the territory of forest fund;

on mowing on the areas of forest fund suitable for mowing;

on cattle pasture on pasturable grounds of forest fund;

public authorities on places:

on the sanitary cabin or the cabin of wood and shrubby plantings out of the state forest fund.

19. Goskomgeologiya brings in the Cabinet of Ministers of the Republic of Uzbekistan representation for review of withdrawal from the environment of the rare and being under the threat of disappearance types of the plants included in the Red List.

The conclusion of Academy of Sciences of the Republic of Uzbekistan and the quota approved Goskomgeologiya are attached to representation.

For procurement (collection) of the plants which are grown up in nurseries and on plantations, permission is not required.

20. The Cabinet of Ministers of the Republic of Uzbekistan within 10 working days approves the brought representation and directs it in Goskomgeologiya.

Based on the consent of the Cabinet of Ministers of Goskomgeologiya draws up the corresponding permissions.

21. Effective period of permissions comes to an end no later than December 31.

Effective period of import permits and export out of limits of the Republic of Uzbekistan of wild-growing plants and their parts, waste products, the botanical collections included in appendices of the Convention on international trade in the types of wild fauna of flora which are under the threat of disappearance (CITES) is determined by Convention provisions.

22. Permissions to special use of flora objects, including to import and export, are issued on forms of the established sample which have control brand, sequence number and other degree of security.

23. Permissions to special use of objects of flora are issued in forms according to appendices 5 - 12 to this Provision.

Allowing requirements and conditions

24. To allowing requirements and conditions when making actions and (or) implementing certain activities, on making and (or) implementation of which permissions are issued, belong:

obligatory observance by users of nature of the legislation when making actions and (or) implementing certain activities;

the notification of authorized bodies within 7 working days after passing of re-registration about change of the name or the location (postal address) - for the user of nature - the legal entity;

change of surname, the name, middle name or place of activities specified in the granted certificate on state registration - for the user of nature - physical person;

obligatory observance of the regulating documents approved by the relevant authorized body and also environmental, sanitary and hygienic and other standards and rules on recultivation of the vegetable and soil cover broken as a result of use implementation, to holding reproduction and biotechnical actions for preserving places of growth of plants in the territories and in farms where intensive procurement of plants is conducted;

making of action and (or) implementation of certain activities in the limits specified in permissions;

return, after effective period of the got permission, within 10 working days in the body which issued it with the short-form report on use (term and the place of collection, amounts of the prepared flora objects);

observance of the requirements specified in permission;

prohibition of unauthorized entering of any corrections and amendments into permissions;

payment for consideration of the application on receipt of permission and for issue of permission.

For the purpose of implementation of the state control of use of objects of flora, permission to procurement (collection) of wild-growing plants are issued only to the applicant or the authorized representative, without the right of its transfer to other persons.

Under equal conditions in case of receipt of permission to procurement and collection of wild-growing types of plants those legal entities and physical persons which observe allowing requirements use the priority right, hold events for protection and reproduction of wild-growing plants, inspections for the purpose of studying of amounts and inventories of vegetable raw materials.

25. Person who got the permission having no right to transfer it to other person for use except cases when permissions are issued addressed to the head of the organization.

The used permissions to procurement (collection) of plants after effective period are subject to return (within 10 working days) in territorial authorities on conservation.

26. The payment for withdrawal of objects of flora is levied according to the current legislation within 15 working days from the date of registration of a statement in authorized body.

27. Unused or copies of partially used permissions to import-export of objects of flora with mark of customs authorities return in the place of obtaining. According to the statement of the user of nature new permission to not exported (not delivered) quantity of objects of flora can be issued. If earlier issued permission was drawn up before change of the size of basic settlement size, then surcharge of difference in the price is made.

28. The customs clearance of the exported objects of flora is performed based on Goskomgeologiya's permissions on which customs authorities the corresponding mark when moving these objects through frontier becomes.

29. The amount of payments for export of objects of flora out of limits of the Republic of Uzbekistan is estimated according to appendix 13 to this Provision.

Procedure for receipt of documents of allowing nature

30. Ceased to be valid according to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of 31.03.2018 No. 255

31. Permission to withdrawal from the environment of the rare and being under the threat of disappearance types of the plants included in the Red List of the Republic of Uzbekistan are issued to Goskomgeologiya in coordination with the Cabinet of Ministers of the Republic of Uzbekistan, based on the statement of the user of nature, with indication of:

names of the legal entity, its details, INN, surname and name of the head;

surnames, name and middle name of the applicant (physical person), residence address, INN (phone number) and submission of the passport copy;

plant type with indication of the prepared its parts (leaves, roots, fruits, juice, etc.);

method of procurement or collection;

places of procurement or collection (area, area);

amount of collection or procurement (kg, ton, pieces, cubic meters);

terms of procurement (collection).

The statement of the user of nature on receipt of permission to withdrawal from the environment of the rare and being under the threat of disappearance types of the plants included in the Red List of the Republic of Uzbekistan shall contain specifying on availability of consent of land owners, land users or public authorities on places in whose territory withdrawal from the environment of types of plants is supposed.

32. Import permits and export of wild-growing plants, their parts are issued to Goskomgeologiya, based on the statement of the user of nature, with indication of:

names of the legal entity, its details, INN, surname and name of the head;

data of physical person - surname, name, middle name, residence addresses (phone number), INN and the passport copy;

quantities of the exported or delivered plants, their parts of fruits, seeds and botanical collections by types. When exporting botanical collections the number of copies of each type of exhibits is specified;

destinations of export (country, city) or import;

the bases for export - the document confirming lawful acquisition of wild-growing plant (number of permission to legal procurement / charge of wild-growing plants), the document on accounting of botanical collection in Goskomgeologiya's bodies.

33. For export of vegetable raw materials of the plants which are grown up in artificial conditions (on plantations, in nurseries), the application is submitted with indication of:

names of the legal entity, its details, INN, surname and name of the head;

data of physical person - surname, name, middle name, residence address (phone number), INN and the passport copy;

quantities of the exported plants, their parts, fruits, seeds. The following documents are enclosed to the application:

the decision of public authorities on places about allocation of the parcel of land or the lease agreement on the parcel of land;

the conclusion of specialists - biologists of the research organizations and educational institutions about inventory condition of wild-growing plants.

34. Ceased to be valid according to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of 31.03.2018 No. 255

35. Ceased to be valid according to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of 31.03.2018 No. 255

36. Permission to mowing and pasture of the cattle is issued by the State committee of the Republic of Uzbekistan on forestry (state bodies of forestry on lands of forest fund), territorial subdivisions of the State committee of the Republic of Uzbekistan on ecology and environmental protection in the Republic of Karakalpakstan, areas and Tashkent (on lands of inventory) with indication of:

names of the legal entity, its details, surname and name of the head;

surnames, name and the applicant's middle name - physical person, residence address, phone number, the passport copy;

use type (mowing or pasture of the cattle);

quantities, amounts (kg, tons, cubic meters) for mowing, quantity large and small cattle, horses, donkeys (approximate age when implementing pasture of the cattle) and use terms.

Permissions are issued to the applicant under list in the magazine or on the copy of permission.

37. The documents necessary for receipt of permission are represented by the user of nature to authorized body directly, through means of mail service or electronically with the notification on their obtaining. The documents submitted electronically are confirmed by the digital signature of the user of nature.

38. The documents submitted to authorized body for receipt of permission are accepted according to the inventory or according to the copy of the application which is without delay issued to the user of nature with mark about date of documents acceptance by the specified body.

Consideration of the application and decision making about issue of permissions or about refusal in their issue

39. The application is considered in time, not exceeding 15 working days, since date of documents acceptance.

40. For consideration of the application and for issue of permissions to procurement (collection) of objects of flora every time collection in the amount of coefficient 0,1 from basic settlement size is levied from physical persons citizens of the Republic of Uzbekistan, in the amount of 0.2 coefficients from basic settlement size from users of nature - legal entities and 10 US dollars - from foreign citizens.

The fee paid amount for consideration of the application is not subject to return.

41. For consideration of the application and for issue of import permits and export of wild-growing plants, their parts every time collection is levied in the amount of:

Coefficient 0,1 from basic settlement size from physical persons citizens of the Republic of Uzbekistan;

Coefficient 0,2 from basic settlement size from users of nature - legal entities;

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