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RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of May 26, 2016 No. 412

About approval of the Regulations on procedure for carrying out environmental audit

(as amended on 12-08-2020)

Based on the paragraph of the twenty second 9, parts two of article 97 of the Law of the Republic of Belarus of November 26, 1992 No. 1982-XII "About environmental protection" the Council of Ministers of the Republic of Belarus DECIDES: Articles

1. Approve Regulations on procedure for carrying out environmental audit it (is applied).

2. This resolution becomes effective since July 1, 2016.

Prime Minister of the Republic of Belarus

A. Kobyakov

Approved by the Resolution of Council of Ministers of the Republic of Belarus of May 26, 2016 No. 412

Regulations on procedure for carrying out environmental audit

Chapter 1. General provisions

1. This Provision determines procedure for carrying out environmental audit.

2. In this Provision terms and their determinations in the values established by the Law of the Republic of Belarus "About environmental protection" and also the following terms and their determinations are applied:

the audited subject - the legal entity or the individual entrepreneur performing economic and other activity in the course of which natural resources are used and impact on the environment (further - other activities) is made concerning which environmental audit is booked;

the ecological auditor - the legal entity or the individual entrepreneur rendering services in carrying out environmental audit.

3. Environmental audit is booked for the purpose of providing ecological safety, determination of ways and methods of reduction of risk of harmful effects on the environment of economic and other activity by independent check of such activities on compliance to requirements in the field of environmental protection.

4. Environmental audit does not include:

conducting the state environmental assessment of preproject (pre-investment), project and (or) other documentation on the planned economic and other activity;

control in the field of environmental protection, rational use of natural resources.

5. Environmental audit is booked by individual entrepreneurs or legal entities.

Individual entrepreneurs book environmental audit independently or with involvement of the specialist (specialists).

Legal entities shall have at least one specialist in the state.

Requirements imposed to persons specified in parts two and third this Item are:

availability of the higher education on specialties of one of the following profiles of education:

"Natural sciences";

"Ecological sciences";

"Equipment and technologies";

availability of length of service in at least five years;

availability of the education document confirming passing of advanced training in the directions of environmental audit in the organizations of system of the Ministry of Natural Resources and Environmental Protection.

The specialists specified in parts two and third this Item shall undergo advanced training at least once in three years.

6. The audited subject independently determines the ecological auditor for carrying out environmental audit.

7. Objects of environmental audit are economic and other activity of the audited subject in the course of which natural resources are used and harmful effects on the environment are made, including:

state of environment in borders of zone of impact of objects of the audited subject in the course of which activities it appears harmful effects on the environment (were made);

documentation of the audited subject (project, technical, technological, operational and another), except for accounting (financial) records;

other objects of the audited subject, during the designing, construction, reconstruction, commissioning, operation and of which conclusion from operation natural resources are used and harmful effects on the environment are made.

8. Environmental audit is booked in shape:

general environmental audit – complex assessment of object of environmental audit in all directions of environmental audit for the purpose of observance check by the audited subject of the legislation in the field of environmental protection, including standard rates and technical regulatory legal acts, obligatory for observance;

preliminary environmental audit – assessment of object of environmental audit in all directions of environmental audit for the purpose of further implementation of the best available technical methods and creation of management system (management) by the environment;

specialized environmental audit – assessment of object of environmental audit in the separate directions of environmental audit.

9. Environmental audit is booked in the following directions:

use and protection of waters;

use and protection of lands (including soils);

protection of atmospheric air and ozone layer;

the address with waste;

treatment of dangerous chemicals;

the address with flora objects;

the address with fauna objects;

use and protection of subsoil;

other directions of economic and other activity.

10. Environmental audit of economic and other activity of legal entities or individual entrepreneurs can be carried out in voluntary or obligatory procedure at the expense of own means of the audited subject.

11. Environmental audit when carrying out privatization of the companies as property complexes of the state unitary enterprises, and also in other cases established by legal acts is without fail booked.

12. Environmental audit in the form of general environmental audit is booked in cases:

implementation of investment projects on construction of objects of the industry (objects on which implementation of economic activity in the sphere of production of goods connected with production of instruments of labor (both for other industries of the national economy, and for the industry), materials, fuel, energy, by further processing of the products received in the industry or made in agricultural industry and also with production of goods, the equipment, machines, mechanisms, mining is planned) when carrying out reconstruction of the operating production and creation of new production (within one year after its creation);

identifications by the controlling (supervising) bodies of unauthorized construction for assessment of possibility of operation of the objects making impact on environment components, and also compliance to the legislation in the field of environmental protection and rational use of natural resources;

conclusion of objects from operation;

other cases.

13. Environmental audit in the form of preliminary environmental audit is booked in cases:

creations of management system (management) by the environment;

implementations of the best available technical methods;

other cases.

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