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RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of December 20, 2023 No. 921

About change of resolutions of Council of Ministers of the Republic of Belarus

Based on part one of Item 2 of the Presidential decree of the Republic of Belarus of June 25, 2021 "About the ministerial procedures performed concerning subjects of managing" and in pursuance of paragraph two of article 2 of the Law of the Republic of Belarus of July 17, 2023 No. 293-Z "About change of the Forest code of the Republic of Belarus" of paragraph two of part one of article 2 of the Law of the Republic of Belarus of July 17, 2023 No. 294-Z "About change of the Law of the Republic of Belarus "About environmental protection" and paragraph two of article 4 of the Law of the Republic of Belarus of July 17, 2023 No. 295-Z "About change of the Law of the Republic of Belarus "About protection of atmospheric air" and paragraph two of article 5 of the Law of the Republic of Belarus of July 17, 2023 No. 296-Z "About change of the laws concerning the state environmental assessment, strategic ecological assessment and environmental impact assessment" the Council of Ministers of the Republic of Belarus DECIDES: No. 240

1. Make changes to the following resolutions of Council of Ministers of the Republic of Belarus:

1.1. in the resolution of Council of Ministers of the Republic of Belarus of April 21, 2009 No. 509 "About approval of the Regulations on procedure for maintaining the state inventory of atmospheric air and use of its data":

state the name in the following edition:

"About procedure for maintaining the state inventory of atmospheric air";

state preamble in the following edition:

"Based on the paragraph of the seventh of article 10 of the Law of the Republic of Belarus of November 26, 1992 "About environmental protection" the Council of Ministers of the Republic of Belarus DECIDES: No. 1982-XII";

to exclude from Item 1 of the word "and uses of its data";

in Regulations on the procedure for maintaining the state inventory of atmospheric air and use of its data approved by this resolution:

from the name and Item 1 of the word "and uses of its data" to exclude;

in part one of Item 2 of the word "the users of nature performing emissions of pollutants in atmospheric air" shall be replaced with words "the legal entities, individual entrepreneurs performing the economic and other activity connected with emissions of pollutants in atmospheric air based on permissions to emissions of pollutants in atmospheric air or complex nature protection permissions (further – users of nature)";

exclude Item 3;

in item 4:

state paragraph two in the following edition:

"data of the departmental reporting on results of accounting in the field of protection of atmospheric air;";

the fifth to add the paragraph with words ", rational (steady) use of natural resources";

"state" to exclude the word from Item 5 part two;

in Item 7:

in part two:

word in paragraph three", the pollutants performing emissions in atmospheric air based on permissions to emissions of pollutants in atmospheric air or complex nature protection permissions" shall be replaced with words "by categories of objects of impact on atmospheric air";

the fourth to exclude the paragraph;

third parts four to add the paragraph with words ", rational (steady) use of natural resources";

in part one of Item 10 of the word "distribution and (or) provision of which is limited" shall be replaced with words "carried to the state secrets, and also information, distribution and (or) provision of which is limited according to legal acts";

1.2. in the resolution of Council of Ministers of the Republic of Belarus of May 21, 2009 No. 664 "About approval of the Regulations on procedure for issue of permissions to emissions of pollutants in atmospheric air, introduction of changes in them and (or) amendments, suspension, renewal, prolongation of effective period of permissions to emissions of pollutants in atmospheric air, the terminations of their action":

state the name in the following edition:

"On regulation of emissions of pollutants in atmospheric air";

in word preamble "subitem 1.3 of Item 1 of Article 6, of Item 2 of Article 33" shall be replaced with words "subitems 1.3 and 1.5 of Item 1 of Article 6, of Item 3 of Article 12 and part two of Item 3 of Article 38";

state Item 1 in the following edition:

"1. Approve:

The regulations on procedure for issue of permissions to emissions of pollutants in atmospheric air (are applied);

The regulations on procedure for approval of inventory reports of emissions of pollutants in atmospheric air (are applied).

Establish categories of objects of impact on atmospheric air and lists of the objects of impact on atmospheric air belonging to the different categories according to appendix.";

add the resolution with appendix it (is applied);

The regulations on procedure for issue of permissions to emissions of pollutants in atmospheric air, introduction of changes in them and (or) amendments, suspension, renewal, prolongation of effective period of permissions to emissions of pollutants in atmospheric air, the terminations of their action approved by this resolution to be reworded as follows (are applied);

add the resolution with Regulations on procedure for approval of inventory reports of emissions of pollutants in atmospheric air it (is applied);

1.3. in the resolution of Council of Ministers of the Republic of Belarus of January 10, 2011 No. 26 "About establishment of the list of actions for rational (steady) use of the natural resources and environmental protection financed by means republican and local budgets":

in word preamble "the eleventh Article 9" shall be replaced with words "the eighth Article 10";

in appendix to this resolution:

in Item 6:

word in paragraph seven of "the public to information" shall be replaced with words "legal entities and physical persons, including individual entrepreneurs, to ecological information";

the twenty fifth to state the paragraph in the following edition:

"in the field of management of activities for questions of rational (steady) use of natural resources and environmental protection – ensuring functioning of the subordinate organizations for hydrometeorology authorized by the Ministry of Natural Resources and Environmental Protection and also performing sampling and carrying out measurements in the field of environmental protection including financing of the current and capital expenditures.";

in Item 9:

in paragraph four of the word "construction, reconstruction, upgrade, capital repairs" shall be replaced with words "construction (construction, reconstruction, upgrade, technical upgrade, capital repairs)";

in paragraph seven of the word "construction, reconstruction, upgrade" shall be replaced with words "construction (construction, reconstruction, upgrade, technical upgrade)";

to state the paragraph of the eighth in the following edition:

"content of the superficial water objects located on lands public and lands of inventory, in proper condition and (or) their improvement, including works on sanitary cleaning of superficial water objects, clearing of beds of the rivers, recovery of depth and morphology of bottom of reservoirs, liquidation of the hydraulic engineering constructions and devices, including water intaking constructions thrown and not subject to further use, coast protection and prevention of water erosion, waterproofing of reservoirs, improvement of springs;";

after the paragraph eight add Item with the paragraph of the following content:

"development and realization of complex of the actions directed to content of superficial water objects in proper condition;";

1.4. in the resolution of Council of Ministers of the Republic of Belarus of June 20, 2013 No. 504 "About some questions of environmental protection and environmental management":

state the name in the following edition:

"About activities of public ecologists, and also sampling and carrying out measurements in the field of environmental protection";

in word preamble of "paragraphs of the eighth and twentieth of Article 9" shall be replaced with words "Item 5 of Article 17 and Item 6 of Article 103";

in Regulations on the procedure for activities of public ecologists approved by this resolution:

state item 4 in the following edition:

"4. The physical persons specified in Item 1 of article 17 of the Law of the Republic of Belarus "About environmental protection" based on the order of the chairman regional (Minsk city) committee of natural resources and environmental protection on representation of chiefs of structural divisions of the Ministry of Natural Resources and Environmental Protection, regional (The Minsk city) committees of natural resources and environmental protection, chiefs of district, city, city and district inspections of natural resources and environmental protection are enlisted in the list of public ecologists (further – chiefs of structural divisions).";

subitem 5.2 of Item 5 after the word "rational" to add with the word of "(steady)";

in Item 7:

third to state the paragraph in the following edition:

"attraction to administrative and (or) criminal liability for offenses (crimes) against ecological safety, the environment and procedure for environmental management;";

to exclude from the paragraph of the fourth word "in accordance with the established procedure";

in Item 8 of the word "territorial authority of the Ministry of Natural Resources and Environmental Protection" shall be replaced with words "regional (Minsk city) committee of natural resources and environmental protection";

state Items 9 and 10 in the following edition:

"9. Regional (The Minsk city) committees of natural resources and environmental protection together with district, city, city and district inspections of natural resources and environmental protections:

will organize and estimate work of public ecologists;

will organize work on training of public ecologists;

provide public ecologists with ecological information;

develop actions for increase in efficiency of activities of public ecologists;

ensure safety of public ecologists when holding nature protection actions.

10. Coordination of activities of public ecologists, and also the organization of their participation in the nature protection events held by the Ministry of Natural Resources and Environmental Protection and its territorial authorities are performed by chiefs of structural divisions on which representation they are enlisted in the list of public ecologists.";

in Item 11 of the word of "training or work" shall be replaced with words "works (training)";

add Item 12 with the words "and its territorial authorities";

in Item 13 of the word of "limited distribution" shall be replaced with words ", carried to the state secrets, distribution and (or) provision of which is limited according to legal acts";

in Item 14:

paragraph one after the word "rational" to add with the word to "(steady)";

in the paragraph the second words "chairmen regional and Minsk city committees" shall be replaced with words "the chairman regional (Minsk city) committee";

after paragraph two to add Item with the paragraph of the following content:

"rewarding with the letter of the Ministry of Natural Resources and Environmental Protection;";

to exclude from appendix 1 to this Provision of the word "Passport Details of the Citizen of the Republic of Belarus";

in Regulations on the procedure for sampling and carrying out measurements in the field of environmental protection approved by this resolution:

state Item 1 in the following edition:

"1. This Provision establishes procedure for sampling and carrying out measurements in the field of environmental protection (further if other is not provided, – sampling and carrying out measurements).";

in Item 2:

in paragraph five of the word "in borders of zone of impact of objects" shall be replaced with words "on border of zone of impact of object";

after the paragraph of the fifth to add Item with paragraphs of the following content:

"atmospheric air outside settlements and places of mass rest of the population;

atmospheric air of especially protected natural territories, separate natural complexes and objects of especially protected natural territories, and also the natural territories which are subject to special protection and biospheric wildlife reserves;

atmospheric air in Items of observations of monitoring of atmospheric air;";

state Items 3-5 in the following edition:

"3. Sampling and carrying out measurements are performed authorized by the Ministry of Natural Resources and Environmental Protection (further – Ministry for Protection of the Environment and Natural Resources) the subordinate organization (further – authorized organization), and also other legal entities accredited in the National accreditation system, in places of sampling and carrying out the measurements organized according to requirements of regulatory legal acts, including technical regulatory legal acts, obligatory for observance, in the field of environmental protection, the legal entities and individual entrepreneurs performing the economic and other activity making harmful effects on the environment (further – subjects of managing).

Measuring instruments and techniques (methods) of measurements used for sampling and carrying out measurements shall conform to requirements of the legislation on ensuring unity of measurements.

4. For sampling and carrying out measurements easy access to places of sampling and carrying out measurements in cases is provided to representatives of authorized organization if:

the subject of managing is included in the plan of selective checks or its unscheduled inspection is appointed;

new permissions to emissions of pollutants in atmospheric air, to special water use or complex nature protection permissions are issued to the subject of managing or changes are made to these permissions;

effective period of temporary standard rates of admissible emissions of the pollutants in atmospheric air established in permission to emissions of pollutants in atmospheric air or complex nature protection permission expired;

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