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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 25-02-2022)

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 passing of allowing procedures when importing and exporting objects of flora according to appendix No. 1;

Regulations on procedure for passing of allowing procedures during the importing and evacuation of wild animals, their parts, and also waste products 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 passing of allowing procedures when importing and exporting objects of flora

I. General provisions

1. This Provision is developed according to the laws of the Republic of Uzbekistan "About protection and use of flora", "About licensing, allowing and notifying procedures" and determines procedure for passing of allowing procedures in the field of import and export of objects of wild-growing plants, their parts.

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. Ceased to be valid according to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of 22.02.2022 No. 86

9. Ceased to be valid according to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of 22.02.2022 No. 86

10. Ceased to be valid according to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of 22.02.2022 No. 86

10-1. Ceased to be valid according to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of 22.02.2022 No. 86

11. Ceased to be valid according to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of 22.02.2022 No. 86

12. Ceased to be valid according to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of 22.02.2022 No. 86

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. Ceased to be valid according to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of 22.02.2022 No. 86

15. Ceased to be valid according to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of 22.02.2022 No. 86

III. Procedure for passing of allowing procedures in the field of import and export of wild-growing plants, their parts

General provisions

16. Import permits and export of wild-growing plants, their parts are issued by the relevant authorized bodies according to the scheme according to appendix 4 to this Provision.

17. Ceased to be valid according to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of 22.02.2022 No. 86

18. Import permits and export of wild-growing plants, their parts are issued by the State committee of the Republic of Uzbekistan on ecology and environmental protection.

19. Ceased to be valid according to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of 22.02.2022 No. 86

20. Ceased to be valid according to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of 22.02.2022 No. 86

21. Ceased to be valid according to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of 22.02.2022 No. 86

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 form according to appendix 7 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;

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;

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.

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. Ceased to be valid according to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of 22.02.2022 No. 86

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. Ceased to be valid according to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of 22.02.2022 No. 86

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.

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