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ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of February 13, 2015 No. 60

About approval of the Regulations on procedure for evaluating impact on the environment in the Kyrgyz Republic

For the purpose of regulation of legal relations in the field of evaluating impact on the environment, according to the Law of the Kyrgyz Republic "About environmental assessment", articles 10 and 17 of the constitutional Law of the Kyrgyz Republic "About the Government of the Kyrgyz Republic" the Government of the Kyrgyz Republic decides:

1. Approve Regulations on procedure for evaluating impact on the environment in the Kyrgyz Republic according to appendix.

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

- bring the decisions into accord with this resolution;

- take other measures following from this resolution.

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

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

Prime Minister

J. K. Otorbayev

Appendix

Approved by the Order of the Government of the Kyrgyz Republic of February 13, 2015 No. 60

Regulations on procedure for evaluating impact on the environment in the Kyrgyz Republic

1. General provisions

1. The regulations on procedure for evaluating impact on the environment in the Kyrgyz Republic (further - the Provision) establish procedure for evaluating impact of the planned activities on the environment (further - EIA).

2. The purpose of carrying out EIA is prevention and/or mitigation of impact of the planned activities on the environment and the related social, economic and other effects.

3. The basic principles of carrying out EIA are:

- presumption of potential ecological danger of impact of any planned activities on the environment;

- obligation of accounting of requirements of ecological safety when carrying out EIA;

- preventiveness;

- objectivity;

- alternativeness (including option of refusal of the planned activities);

- complexity (consideration and accounting of assessment of impact in natural, social and technogenic circles);

- publicity;

- accounting of public opinion;

- scientific justification;

- reliability and completeness of information.

4. Results of assessment of impact are:

- the main conclusions about nature and scales of impact to the environment of alternative options of placement and/or realization of the planned activities;

- the description of ecological and related social and economic and other effects of realization of the planned activities and assessment of their importance;

- the description of measures for prevention, minimization or compensation of possible considerable harmful effects of the planned activities on the environment and to improvement of social and economic conditions;

- reasons for the choice of the priority site area, the best available technical and other solutions of the planned activities, and also refusal of its realization.

5. EIA is carried out for the types of activity which are subject to obligatory environmental assessment according to the Law of the Kyrgyz Republic "The general technical regulation on providing ecological safety in the Kyrgyz Republic" which list is given in appendix No. 1, and based on the requirements given in appendices No. 5-11 to this Provision.

2. Basic concepts

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

emergency - the condition of potentially dangerous object which is characterized by violation of limits and/or conditions of safe operation, did not turn into accident in case of which all adverse influences of sources of danger on personnel, the population and the environment keep in acceptable limits by means of the appropriate technical means provided by the project;

alternatives - different options of achievement of main objective and need of the offered activities;

documentation on EIA - the set of documents prepared as a result of carrying out EIA of the planned economic and other activity;

the statement for impact on the environment (ZVOS) - the summary of nontechnical nature containing the main conclusions of the executed assessment of impact of the planned activities to the environment;

the statement for ecological effects (ZEP) - the document, the official report of the initiator of the project on parameters of change of the environment as a result of implementation of the planned activities;

beyond design basis accident - the accident caused by the initial events which are not considered for project accidents or accompanying with refusals of security systems, additional in comparison with project accidents, over single refusal, implementation of wrong decisions of workers (personnel);

zone of possible considerable impact - the territory within which by results of EIA direct or indirect considerable changes of the environment and/or its separate components as a result of realization of the planned activities can be shown;

engineering researches - complex of the technical and economic researches of the region of construction allowing to prove its feasibility - location, technical parameters when designing new or reconstruction of the existing buildings and constructions. Engineering and geodetic, engineering-geological, engineering and hydrometeorological and engineering-ecological researches are part of engineering researches for construction;

the initiator of the project - legal entity or physical person, the organizer of activities having the financial resources necessary for preparation and implementation of the planned project decisions;

the contractor on EIA - the physical person or legal entity performing carrying out EIA to which the initiator of the project granted the right to implementation of this work;

researches on impact assessment - collection, the analysis and documentation of information necessary for implementation of the purposes of assessment of impact;

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 planned activities - designing, construction, reconstruction, expansion, modernization, upgrade, change of profile of production, its liquidation and other activities which can make negative impact on the environment;

object analog - the object comparable on functional purpose, technical and economic indicators and the constructive characteristic to designed project;

environmental impact assessment (EIA) - identification, the analysis, assessment and accounting in project solutions of expected impact of the planned economic and other activity, changes in the environment caused by it;

the postproject analysis - the complex researches directed to determination of efficiency of the nature protection and other decisions provided by the project during realization of the planned activities (construction, operation and liquidation) for the purpose of their timely adjustment and enhancement of the EIA procedure;

potential zone of possible impact - the territory (water area) within which according to the published sources and/or to actual data on objects - analogs direct or indirect changes of the environment and/or its separate components as a result of realization of the planned activities can be shown;

natural and resource potential - the environment estimated taking into account possibility of use, availability and condition of geographical structures, natural landscapes, climatic conditions, mineral resources, soils, water resources, the atmosphere, plant and animal life;

project accident - accident for which the project determines initial events and end states in this connection security systems are provided;

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" of January 12, 2001 No. 6.

3. Participants of process of EIA

7. Participants of process of EIA are:

1) initiator of the project;

2) the contractor on EIA;

3) local public administrations and local government bodies;

4) authorized state body in the field of environmental protection and/or its territorial authorities;

5) public (public organizations, population).

8. Initiator of the project:

1) will be organized by carrying out EIA in design process;

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